What Is a Building Code Charge?

A Building Code charge is a Provincial Offence alleging that a person or business has failed to comply with requirements under Ontario's Building Code Act or the Ontario Building Code.

Charges may relate to construction work, renovations, permits, inspections, occupancy requirements, or property safety standards. Depending on the circumstances, responsibility may rest with a property owner, contractor, builder, or another person involved in the project.

Why Are Building Code Charges Laid?

Building Code charges may arise for many reasons, including:

• Performing construction without the required building permit.

• Failing to comply with approved building plans.

• Occupying a building before the required approvals are obtained.

• Ignoring inspection requirements.

• Failing to correct Building Code deficiencies.

• Undertaking work that does not meet applicable Building Code standards.

Each allegation depends on the specific facts of the case and the applicable legislation.

What Happens After Charges Are Laid?

After a Building Code charge is issued, the matter typically proceeds through the Provincial Offences Court process.

Depending on the circumstances, you may have the opportunity to:

• review the allegations;

• obtain disclosure of the evidence;

• discuss resolution with the prosecutor;

• attend one or more court appearances; or

• proceed to trial if the matter is not resolved.

Responding promptly helps ensure important deadlines are not missed.

Should I Ignore a Building Code Charge?

No. Ignoring a Building Code charge may result in the matter proceeding without your participation, potentially leading to convictions, fines, or other legal consequences.

If you receive a summons or court documents, it is important to review them carefully and understand your obligations before your scheduled court date.

What Are the Potential Penalties?

The penalties for Building Code offences vary depending on the alleged violation and the circumstances of the case.

Potential consequences may include:

• monetary fines;

• court costs;

• compliance orders;

• additional enforcement proceedings; and

• other penalties authorized under the Building Code Act.

The court determines the appropriate outcome based on the evidence presented and the applicable legislation.

Are There Defences to a Building Code Charge?

Every case is different.

The available legal issues and potential defences depend on the specific allegations, the evidence, and the circumstances surrounding the charge.

Examples may include:

• whether the prosecution can prove the alleged offence;

• whether the required procedures were followed;

• whether the alleged contravention occurred as claimed; and

• whether other relevant legal issues arise during the proceedings.

Each matter should be assessed based on its own facts.

Common Mistakes Property Owners Make

After receiving a Building Code charge, property owners sometimes:

• ignore court documents or deadlines;

• assume paying a contractor resolves the legal issue;

• fail to preserve important records or permits;

• make repairs without documenting the original condition; or

• attend court without understanding the allegations or available options.

Obtaining legal guidance early can help you make informed decisions throughout the process.