Due to the many questions we are receiving from OBOA members about the O.Reg. 10/21, Reopening Ontario (A flexible response to COVID-19) Act, 2020, we have created a Q&A document to help clarify some points about construction projects, building permits and inspections during this state of emergency.
Please note that this information has been created based on the MMAH information session on Jan. 20th, and the OBOA Board of Directors, and is intended as recommendations and not directions. We encourage building officials to consult with their municipal solicitor for further questions or clarification.
1. Can a project begin for a single family, semi-detached and townhomes under the O.Reg.10/21?
In accordance with Ministry feedback to date, the project for a single family, semi-detached and townhome cannot proceed unless the permit was issued on or prior to Jan. 13th, the date the O.Reg. 10/21 came into effect.
2. Can a project for a condominium, mixed-use or other residential building proceed under the O.Reg.10/21?
A project for a condominium, mixed-use or other residential can proceed at any time, even if the permit was issued after Jan. 13th.
3. Can construction-related services (designers, surveyors) enter the worksite to begin the project?
Yes, as long as the project is deemed essential under the O.Reg. 10/21.
4. Are municipal building officials considered construction related services?
Because the responsibilities of municipal building officials are statutory and mandatory under the Building Code Act (BCA), this does not apply to building officials.
5. Can municipalities continue to issue building permits?
The O.Reg 10/21 does not prohibit municipalities from issuing building permits under the BCA. In addition, the O.Reg.10/21 does not allow municipalities to withhold issuance of a building permit without cause under the BCA.
6. Can municipalities continue to do inspections?
The O.Reg. 10/21 does not prohibit municipalities from conducting inspections under the BCA. In addition, O.Reg.10/21 does not allow municipalities to cease the conduction of inspections without cause under the BCA.
7. Can municipalities do inspections for buildings that are considered non-essential according to the O.Reg. 10/21?
No. If a constructor is following the rules as per the O.Reg. 10/21, there should be no calls for inspections for projects that are not on the list of essential construction. However, there may have been work completed prior to the release of O.Reg.10/21 that may require an inspection.
8. Are building officials responsible for determining a construction project is deemed essential under O.Reg. 10/21?
It is up to the constructor to ensure they are in compliance with the O.Reg. 10/21. However, your municipality may provide direction and authority for building officials to interpret O.Reg. 10/21.
9. Are building officials, appointed under the BCA, responsible for the enforcement of the O.Reg. 10/21?
Under the BCA, building officials are not responsible for the enforcement of the O.Reg. 10/21. However, your municipality may provide direction and authority for building officials to interpret O.Reg. 10/21.
10. Will MMAH provide additional guidance on the O.Reg.10/21?
At this time there has been no additional guidance from the MMAH.