Your application will be reviewed for compliance with the Ontario Building Code, the Zoning Bylaw, Applicable Law.
The Building Code Act, 1992 is the legislative framework governing the construction, renovation and change-of-use of a building in the Province of Ontario.
Ontario Building Code is a regulation under the Building Code Act. It establishes detailed technical and administrative requirements. and minimum standards for building construction.
The Ontario Building Code promotes public health and safety, fire protection, resource conservation, environmental integrity, and accessibility. It's purpose is the promotion of public safety through the application of uniform building standards
The uniform minimum standards for the safety of buildings include
- Health and Safety
- Fire protection
- Structural sufficiency
- Construction materials
- Plumbing and Mechanical systems
The Building Code Act and regulations can be viewed on the Province of Ontario's website: Building Code Act, 1992 and Building Code, Ontario Regulation 332/12. The Province of Ontario's Ministry of Municipal Affairs and Housing is responsible for the development of, and the amendments to the Building Code Act and the Code.
The Zoning Bylaw sets out rules governing land use and the placement of buildings on a lot. It states exactly:
- Land and building uses
- Building size or density
- Location of buildings and other structures on a lot
- Minimum lot sizes and dimensions, parking requirements, and building height
If you are unable to comply with the provisions of the zoning bylaw you may make an application to the Committee of Adjustment for a minor variance.
In 2013, City Council enacted introduced the new City-wide Zoning Bylaw. The Zoning Bylaw can be viewed here.
Information on the transition to the new Zoning Bylaw can be found here.
Chapter 363 of the Toronto Municipal Code - Building, Construction, and Demolition is the chapter of the municipal code that provides the City of Toronto the legal authority to administer and enforce of the Ontario Building Code Act and Ontario Building Code.
Chapter 363 provides policies, regulations, and procedures regarding:
- Application submission requirements
- General administration of permits (issuance, revocation, transfer of permits)
- Regulations governing construction vibrations
- Demolition controls
- Construction fencing regulations, and
- Right of entry onto private property
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 126.96.36.199 "Definition of Applicable Law" in the Ontario Building Code.
|Applicable Law||Approval Required||Resource|
|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 188.8.131.52 "Definition of Applicable Law" in the Ontario Building Code|