1. Applicability of the Ontario Building Code Act to Federal Undertakings
Christopher Williams
OBOA 2016 Annual Meeting & Training Sessions
October 5, 2016

2. Building Code Act, 1992
CONSTRUCTION AND DEMOLITION Building Permits 8(1) No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official. ... Prohibition 8(11) No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with this Act and the building code. Prohibition re sewage systems 10.1 No person shall operate or maintain a sewage system or permit a sewage system to be operated or maintained except in accordance with this Act and the building code.

3. Building Code Act, 1992 Standards for maintenance and occupancy
15.1(3) The council of a municipality may pass a by-law to do the following things if an official plan that includes provisions relating to property conditions is in effect in the municipality or if the council of the municipality has adopted a policy statement as mentioned in subsection (2):
1. Prescribing standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards.
2. Requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition.

4. Legislation Act, 2006
CROWN Crown not bound, exception 71. No Act or regulation binds Her Majesty or affects Her Majesty’s rights or prerogatives unless it expressly states an intention to do so. … Definitions 87 In every Act and regulation, “person” includes a corporation.

5. Constitution Act, 1867
POWERS OF THE PARLIAMENT Legislative Authority of Parliament of Canada 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,

6. Constitution Act, 1867
… 5. Postal Service. 6. Militia, Military and Naval Service, and Defence. 9. Beacons, Buoys, Lighthouses, and Sable Island. 10. Navigation and Shipping. 11. Quarantine and the Establishment and Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries. 13. Ferries between a Province and any British or Foreign Country or between Two Provinces.

7. Constitution Act, 1867
… 24. Indians, and Lands reserved for Indians. 28. The Establishment, Maintenance, and Management of Penitentiaries. 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

8. Constitution Act, 1867
EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES Subjects of exclusive Provincial Legislation 92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, … 10. Local Works and Undertakings other than such as are of the following Classes: (a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province: (b) Lines of Steam Ships between the Province and any British or Foreign Country: (c) Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.

24. Greater Toronto Airports Authority v. Mississauga (City)
2000 Ontario Court of Appeal decision
Pearson Airport demolition and construction
Building Code Act, 1992 valid constitutionally
Can apply to federal matters
But interjurisdictional immunity protects some areas from any provincial or municipal regulation
Aeronautics is one such area
Building Code Act, 1992 did not apply

25. 2241960 Ontario Inc. v. Scugog (Township)
2011 Ontario Superior Court of Justice decision
Application of the Building Code Act, 1992 and fill by-law to runway and hangar construction
Interjurisdictional immunity did not apply to application of fill by-law
Building Code Act, 1992 issues not dealt with

26. Oshawa (City) v. 536813 Ontario Ltd.
2016 Ontario Court of Justice decision
Additions to privately owned hangar beside municipal airport
Charged with building without a permit
Building Code Act, 1992 valid constitutionally
But does not apply because of interjurisdictional immunity

27. Seguin (Township) et al v. Bak
2013 Ontario Superior Court of Justice decision
Application by municipality to demolish a boathouse
Owner alleged it was to be used for storing an aircraft
Court found on facts it was more a boathouse than a hangar
Interjurisdictional immunity did not apply
Goodbye boathouse

28. Burrardview Neighbourhood Assn. v. Vancouver (City)
2007 Supreme Court of Canada decision
Construction of concrete batching and loading facility by Lafarge in Vancouver Port
Interjurisdictional immunity did not apply to protect from need for development permit
But paramountcy did
Permit not required

29. The Ambassador Bridge

30. Olde Sandwich Towne

33. Building Code Act, 1992
UNSAFE BUILDINGS Inspection of unsafe buildings 15.9(1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine, (a) whether the building is unsafe; or … Interpretation 15.9(2) A building is unsafe if the building is, (a) structurally inadequate or faulty for the purpose for which it is used; or (b) in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented.

34. Building Code Act, 1992
Order 15.9(4) An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order. … Lien 15.9(10) If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (6) (b) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.

35. Building Code Act, 1992
Emergency order where immediate danger 15.10(1) If upon inspection of a building an inspector is satisfied that the building poses an immediate danger to the health or safety of any person, the chief building official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out immediately to terminate the danger. … No liability 15.10(4) Despite subsection 31(2), the Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority or a person acting on behalf of any of them is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the chief building official or an inspector in the reasonable exercise of his or her powers under subsection (3).

37. E: cwilliams@airdberlis.com T: 416.865.7745
Contact Information
Christopher Williams
E: T:

38. Thank You