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Learn/Building Code Act, 1992/s.1–1.1

Interpretation, definitions and everyone’s role

Building Code Act, 1992 · s.1–1.1General legal/processAbout 16 min

What the Act counts as a building and as construction, who the Act means by each official, and the role it gives every person involved.

Study notes, not an official interpretation. About these notes

Only the Minister’s binding interpretations (Act s.28.1) and the decisions of the chief building official on a real project are authoritative.

Quoted from the Building Code Act, 1992, S.O. 1992, c. 23, as consolidated on e-Laws (current from June 2, 2026). Provisions not yet in force are not shown. This copy is for study; the official version is on e-Laws.

Each provision is quoted word for word. Study summaries, background, examples, exam traps and recall answers are ours: shorthand for memory and made-up scenarios for study, not a substitute for the text. On a real project, the chief building official decides how the Act applies.

Confirm against the official text of the Act and the Code before relying on anything.

1Recall before you read

Take a guess first. Being wrong is fine.

A guess, even a wrong one, primes you to notice the answer when you meet it. Your guesses are saved; the answers come in step 6, right after the provisions and the diagram.

2Section map

The skeleton: what lives where

s.1(1)
Definitions
Building, construct, demolish, plumbing, principal authority, inspector and more.
s.1(1.1)–(1.2)
What “this Act” covers
Property standards (s.15.1–15.8) are left out except in the listed sections.
s.1(1.3)
Who “chief building official” includes
Sewage system and plumbing inspectors with CBO powers, in most provisions.
s.1(2)
Mines
Structures used directly in extracting ore are outside the Act.
s.1.1(1)–(3)
Owner-builder side
The person causing construction, the designer and the builder.
s.1.1(4)–(4.2)
Products, owners, evaluators
Manufacturers and suppliers, building owners, building condition evaluators.
s.1.1(5)–(7)
Enforcement side
Registered code agencies, the chief building official and inspectors.
s.1.1(8)
Limitation
No role relieves anyone of the duty to comply.
3Background · study notes

Why these provisions matter

The definitions in s.1(1) decide whether the Act reaches a thing at all. If a structure isn’t a “building”, or the work isn’t “construction” or “demolition”, the permit requirement in s.8 never comes into play. That is why exam questions so often turn on an area, a word like “material”, or whether plumbing is present.

Section 1.1 is a map of responsibility. It lists what each participant is expected to do, from the person paying for the work to the inspector checking it, and then closes with s.1.1(8): describing a role doesn’t take any duty away from anyone. For the enforcement side, the key ideas are independence and staying within one’s qualifications.

Scope firstShared responsibility
4The provisions

What the Act says, and where

“Building”s.1(1) “building”
What the Act says, word for word
s.1(1) “building”

“building” means,

(a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,

(b) a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,

(c) plumbing not located in a structure,

(c.1) a sewage system, or

(d) structures designated in the building code; (“bâtiment”)

Study summary: Five routes in: a structure over 10 m², a smaller structure with plumbing, plumbing outside a structure, a sewage system, or a structure the Code designates.
Watch for: Clause (a) says “greater than ten square metres”.
“Construct” and “demolish”s.1(1) “construct”, s.1(1) “demolish”
What the Act says, word for word
s.1(1) “construct”

“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and “construction” has a corresponding meaning;

s.1(1) “demolish”

“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning;

Study summary: Construction covers erecting, installing, extending, materially altering or repairing, including a unit built or moved from elsewhere; demolition is removing a building or any material part.
“Inspector” and “principal authority”s.1(1) “inspector”, s.1(1) “principal authority”
What the Act says, word for word
s.1(1) “inspector”

“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2;

s.1(1) “principal authority”

“principal authority” means,

(a) the Crown,

(b) the council of a municipality,

(c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),

(d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),

(e) a planning board that has been prescribed for the purposes of subsection 3.1 (1), or

(f) a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)

Study summary: Inspectors are appointed under s.3, 3.1, 4, 6.1 or 6.2; principal authorities are the Crown, councils and the prescribed or agreeing upper tiers, boards of health, planning boards and conservation authorities.
“Municipality” and “plumbing”s.1(1) “municipality”, s.1(1) “plumbing”
What the Act says, word for word
s.1(1) “municipality”

“municipality” means a local municipality;

s.1(1) “plumbing”

“plumbing” means a drainage system, a venting system and a water system or parts thereof;

Study summary: A municipality is a local municipality; plumbing is a drainage, venting and water system or parts of them.
What “this Act” includess.1(1.1), s.1(1.2)
What the Act says, word for word
s.1(1.1)

Except as provided in subsection (1.2), a reference to “this Act” in any provision of this Act shall be deemed to be a reference to this Act excluding sections 15.1 to 15.8.

s.1(1.2)

A reference to “this Act” in subsection 1 (1) and sections 2, 16, 19, 20, 21, 27, 31, 36 and 37 includes a reference to sections 15.1 to 15.8.

Study summary: References to “this Act” leave out the property standards sections 15.1 to 15.8, except in the provisions listed in (1.2).
Who “chief building official” includess.1(1.3)
What the Act says, word for word
s.1(1.3)

A reference to the “chief building official” in this Act, other than in subsections 1 (1), 3 (2), (3) and (6) and section 4, includes an inspector who has the same powers and duties as the chief building official,

(a) in relation to sewage systems by virtue of subsections 3.1 (3) or 6.2 (4); and

(b) in relation to plumbing by virtue of subsection 6.1 (5).

Study summary: Most references include the sewage system and plumbing inspectors who hold the CBO’s powers.
Watch for: Not in s.1(1), 3(2), (3) and (6) or section 4.
Miness.1(2)
What the Act says, word for word
s.1(2)

This Act does not apply to structures used directly in the extraction of ore from a mine.

Study summary: Structures used directly in extracting ore are outside the Act.
Person causing construction, designer, builders.1.1(1), s.1.1(2), s.1.1(3)
What the Act says, word for word
s.1.1(1)

It is the role of every person who causes a building to be constructed,

(a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building;

(b) to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official; and

(c) to ensure that construction is carried out only by persons with the qualifications and insurance, if any, required by this Act and the building code.

s.1.1(2)

It is the role of a designer,

(a) if the designer’s designs are to be submitted in support of an application for a permit under this Act, to provide designs which are in accordance with this Act and the building code and to provide documentation that is sufficiently detailed to permit the design to be assessed for compliance with this Act and the building code and to allow a builder to carry out the work in accordance with the design, this Act and the building code;

(b) to perform the role described in clause (a) in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code; and

(c) if the building code requires that all or part of the design or construction of a building be under general review, to perform the general review in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code.

s.1.1(3)

It is the role of a builder,

(a) to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official;

(b) to construct the building in accordance with the permit;

(c) to use appropriate building techniques to achieve compliance with this Act and the building code; and

(d) when site conditions affect compliance with the building code, to notify the designer and an inspector or the registered code agency, as appropriate.

Study summary: Build to the Act, Code and permit; designs that comply and can be built from, within qualifications; permit first and report site conditions.
Products and building ownerss.1.1(4), s.1.1(4.1)
What the Act says, word for word
s.1.1(4)

It is the role of manufacturers, suppliers and retailers of products that are intended for use in Ontario in the construction of a building for a purpose that is regulated by this Act or the building code to ensure that the products comply with the standards established under this Act and the building code.

s.1.1(4.1)

It is the role of a building owner,

(a) to ensure that the building or part of the building is maintained, repaired and evaluated in accordance with this Act and the building code; and

(b) to ensure documents, records and other information about the building are kept and provided in accordance with this Act and the building code.

Study summary: Products must meet the standards; owners maintain, repair and evaluate and keep records.
RCA, CBO and inspectors.1.1(5), s.1.1(6), s.1.1(7)
What the Act says, word for word
s.1.1(5)

It is the role of a registered code agency,

(a) to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, issuing certificates, inspecting construction and performing other functions in accordance with this Act and the building code; and

(b) to carry out the duties of a registered code agency under this Act and the building code in respect of only those matters for which the registered code agency is qualified under this Act and the building code.

s.1.1(6)

It is the role of a chief building official,

(a) to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction;

(b) to co-ordinate and oversee the enforcement of this Act and the building code within the applicable jurisdiction;

(c) to exercise powers and perform the other duties assigned to him or her under this Act and the building code; and

(d) to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.

s.1.1(7)

It is the role of an inspector,

(a) to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, inspecting construction, conducting maintenance inspections and issuing orders in accordance with this Act and the building code;

(b) to exercise powers and perform duties in respect of only those matters for which he or she has the qualifications required by this Act and the building code; and

(c) to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.

Study summary: Act only within their qualifications; the CBO sets policy and oversees enforcement; CBO and inspectors act independently under the code of conduct.
Roles don’t excuses.1.1(8)
What the Act says, word for word
s.1.1(8)

Nothing in this section relieves any person from the duty to comply with any part of this Act or the building code or affects the rights or duties of a person not mentioned in this section in respect of the construction of a building.

Study summary: Nothing in s.1.1 relieves anyone of the duty to comply.
5See it

Roles under s.1.1

Person causing constructionBuild to the Act, Code and permit; no work before the permit; use qualified, insured people.s.1.1(1)
DesignerCompliant, detailed designs and general review, only within their qualifications.s.1.1(2)
BuilderPermit first, build to it, use proper techniques, report site conditions.s.1.1(3)
Registered code agencyPlans review, certificates and inspections, only where qualified.s.1.1(5)
Chief building officialSets operational policy, oversees enforcement, acts independently.s.1.1(6)
InspectorPlans review, inspections, maintenance inspections and orders, within qualifications.s.1.1(7)

Read each card with s.1.1(8) beside it: none of these roles relieves anyone of the duty to comply with the Act or the Code.

6Recall answers · study notes

How did your guesses do?

The answers to the questions you guessed at in step 1, with the provision each one comes from. If a guess was off, reread that provision above before the check.

1A homeowner sets a 12 m² prefabricated shed, built in a factory, on blocks in the back yard. Is that “construction” of a “building” under the Act?
Your guess: No guess entered
Answer

On the wording of s.1(1), yes to both: it occupies an area greater than ten square metres, so clause (a) of “building” applies, and “construct” includes “the installation of a building unit fabricated or moved from elsewhere.” Whether a permit is needed then depends on the Code’s exemptions; confirm with the chief building official.

2Under s.1.1, whose role is it to perform duties “in an independent manner” following a code of conduct?
Your guess: No guess entered
Answer

The chief building official (s.1.1(6)(d)) and inspectors (s.1.1(7)(c)). The code of conduct itself comes from s.7.1.

7In the field · illustrative

Worked example: A septic tank replaced at a cottage

A cottage owner hires a contractor to replace a failed septic tank and leaching bed. The cottage is in an area where a conservation authority enforces the sewage system provisions.

Is the septic system a “building” under the Act?Yes, on the wording of s.1(1): clause (c.1) of “building” is “a sewage system”.
Who is the “chief building official” for the sewage work?In most of the Act, the term includes the sewage system inspector who has the CBO’s powers under s.3.1(3) or 6.2(4). s.1(1.3)(a)
If the contractor finds unexpected wet soil, whose role is it to say so?The builder’s: when site conditions affect compliance, notify the designer and an inspector or the registered code agency. s.1.1(3)(d)
8Exam traps · study notes

Where people lose marks

Reading tips for exam questions, each tied to a provision above.

  • Greater than 10 m², not 10 m² or more. Clause (a) of “building” needs an area “greater than ten square metres”. A 10 m² structure with no plumbing isn’t caught by (a) or (b).
  • Plumbing pulls small structures in. Clause (b) catches a structure of ten square metres or less if it contains plumbing, and clause (c) catches plumbing that isn’t in a structure at all.
  • “Municipality” means a local municipality. Upper-tier municipalities get enforcement roles only through the agreements in s.3(5), 6.1 and 6.2, not through the definition.
  • The (1.3) exceptions. “Chief building official” includes sewage system and plumbing inspectors everywhere except s.1(1), 3(2), (3) and (6) and section 4.
9Check yourself

Three questions, book closed

Close your notes and pull the answers from memory. Testing yourself strengthens a memory far more than rereading it. Each check draws 3 of this lesson’s 6 questions, favouring ones you haven’t got right yet, so a retake is a different check. Each question asks how sure you are, and your answers set your review schedule.

Start the 3-question check
10Find it yourself · open book

Now find it in the real text

The exam is open book, so finding a provision fast is a skill of its own. Open Building Code Act, 1992 on e-Laws in another tab, use its table of contents to find each provision below, and type the section number you land on. Aim for under a minute each.

Open the official text on e-Laws
1
“Building”

In the Building Code Act: Five routes in: a structure over 10 m², a smaller structure with plumbing, plumbing outside a structure, a sewage system, or a structure the Code designates.

2
“Inspector” and “principal authority”

In the Building Code Act: Inspectors are appointed under s.3, 3.1, 4, 6.1 or 6.2; principal authorities are the Crown, councils and the prescribed or agreeing upper tiers, boards of health, planning boards and conservation authorities.

3
Who “chief building official” includes

In the Building Code Act: Most references include the sewage system and plumbing inspectors who hold the CBO’s powers.

4
Products and building owners

In the Building Code Act: Products must meet the standards; owners maintain, repair and evaluate and keep records.

5
Roles don’t excuse

In the Building Code Act: Nothing in s.1.1 relieves anyone of the duty to comply.

Clues are our study summaries, not the wording of the provision. Try the check first; this step works best after it.