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ARTICLE · 30 SEPTEMBER 2024

Emergency Orders Under The Building Code Act, 1992: An Update To The Case Law

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As Ontario Municipalities and homebuilders work to increase housing stock, their efforts are shaped in part by the building standards regime in Ontario's Building Code and the Building Code Act, 1992 (the "BCA").

CanadaReal Estate and Construction
Thomas Sanderson
Thomas Sanderson
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As Ontario Municipalities and homebuilders work to increase housing stock, their efforts are shaped in part by the building standards regime in Ontario's Building Code and the Building Code Act, 1992 (the "BCA"). Amid changes in construction costs and new methods and materials, the 2024 Building Code will aim to update and streamline standards when it comes into effect on January 1, 2025 (as a future article will explore).

All of this can increase pressure on BCA enforcement as well, up to and including the rare and drastic tool of last resort: the emergency order. The recent Superior Court decision in Township of Dawn-Euphemia v Sen1 clarifies this tool along with BCA enforcement in general. The decision addresses – and complicates – building standards considerations that are relevant to municipalities and owners alike.

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