"Occupancy Permit" And "Certificate Of Occupancy": What They Are And What The Difference Is

As a municipal and planning lawyer in Ontario I am often asked by real estate counsel what an "Occupancy Permit" or "Certificate of Occupancy" is, whether they are the same thing, and how they work. This is a general short answer to those questions for quick reference.

Occupancy Permit

An Occupancy Permit or Partial Occupancy Permit indicates compliance with the Ontario Building Code. In order for occupancy of certain buildings to be permitted following new construction pursuant to Section 11 the Building Code Act, the building must meet a list of minimum requirements set out in the Ontario Building Code¹:

Occupancy or use after completion
11.(1) Except as authorized by the building code, a person shall not occupy or use a building or part of a building that is newly erected or installed or permit it to be occupied or used until the requirements set out in this section are met.