Toronto Building

Applicable Law

As well as local Zoning By-laws, there are other laws that must be satisfied prior to getting
a building permit. The regulations, other than the Ontario Building Code, that may apply to a project or proposed construction are called applicable law. 

Your project or proposed construction must always comply with other applicable law in accordance with the Ontario Building Code. In order to determine the applicable law that apply to your project a Zoning Certificate is recommended prior to submitting an application for a building permit. For development applications a Pre-Application Consultation is recommended.

The following provides a list of the most common applicable law that apply to development and building applications. For a complete list of applicable laws please refer to Section "Definition of Applicable Law" in the Ontario Building Code

Common Applicable Law
Applicable LawApproval RequiredResource
Planning Act, s. 34 or 38 Requires Compliance with Zoning Bylaws. City of Toronto Zoning Bylaw
Ontario Heritage Act, s. 33, 34 Consent of Council or Heritage Preservation Services to alter or demolish where property is designated under the Act. Search the City of Toronto Heritage Inventory
Ontario Heritage Act, s. 42 Where land is designated in a heritage conservation district, heritage permit issued by Council or Heritage Preservation Services.
Site Plan Approval, Planning Act. s. 41 Requirement for Site Plan Control Bylaw No. 774-2012. Building Toronto Together: A Development Guide
Planning Act, Zoning s.34 Bylaw Amendment Where proposed development requires an amendment to local zoning provisions.
Planning Act, s. 45 Where an application does not comply with all local zoning provisions, final and binding decision by the Committee of Adjustment may be required. Committee of Adjustment
Public Transportation and Highway Improvement Act, s.34 or 38 Where construction is adjacent to a highway, Building and Land Use Permit is required from Ministry of Transportation. Province of Ontario Ministry of Transportation
Conservation Authorities Act s.38 Where construction is in a fill regulated area or flood plain or may interfere with a watercourse. Toronto and Region Conservation Authority
Environmental Protection Act. s. 168 Where industrial or commercial property changed to residential use. Record of Site Condition to be filed with MOE, conformance to Certificate of Property Use. Province of Ontario Ministry of Environment of Site Condition Guide
Environmental Protection Act. s. 46 Where building requires confirmation of waste disposal site. Province of Ontario Ministry of Environment Waste Disposal Site Approvals
For a complete list of applicable law please refer to Section "Definition of Applicable Law" in the Ontario Building Code

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