Item - 2020.PH12.1

The Planning and Housing Committee recommends that:

1. City Council request that the Ministry of Municipal Affairs and Housing conduct further consultations directly with the City of Toronto on its proposals to change how Ontario Building Code services are delivered in Ontario.

2. City Council advise the Minister of Municipal Affairs and Housing that Toronto City Council:

a. Supports revising the provincial qualification and registration program for building practitioners;

b. Supports the use of a Prime Consultant on complex buildings;

c. Requests that the Chief Building Official of the City of Toronto be an ex-officio, voting member on the proposed administrative authority’s Board of Directors; and,

d. Does not support the introduction of a Certified Professional Program in Ontario.

3. City Council direct the Chief Building Official and Executive Director, Toronto Building to report back to the Planning and Housing Committee by the end of 2020:

a. With an update on the implementation of the proposed changes to provincial delivery of Building Code services, at the appropriate time; and,

b. On the results of the Toronto Building Program Review.

4. City Council request that the Government of Ontario incorporate the National Building Code requirements relating to fire safety during construction into the Ontario Building Code.

5. City Council request the Minister of Municipal Affairs and Housing to consider aligning any further Ontario Building Code Act changes with the property maintenance standards and requirements in the Residential Tenancies Act (RTA) either through legislation, regulation or engagement with tenants and landlords.

The Planning and Housing Committee:

1.  Directed the City Solicitor to report directly to City Council on January 29, 2020 on any legal options available to the City to protect the public interest with respect to the proposed changes to Building Code Service Delivery.

The purpose of this report is to provide City Council with a summary of the staff response to the Ministry of Municipal Affairs and Housing's recent consultation on proposed changes to how the Province delivers its services related to the Ontario Building Code. The Province is responsible for administering the Ontario Building Code Act and Building Code, while the City of Toronto is responsible for enforcement within its boundaries.

The report contains recommendations consistent with the Chief Building Official's response to the Province. Due to the timing of the consultation (September 25 - November 25, 2019), it was not possible for those comments to be brought before Toronto City Council for consideration or endorsement. This report focuses on the proposals which, in the view of Toronto Building staff, would have an impact on Building Code enforcement in the city.

Toronto Building staff are supportive of proposed changes to Ontario's qualification and registration system for building practitioners. The current system has created recruitment and staffing challenges for the City. On the matter of enforcement, the introduction of administrative penalties into legislation would support the City's efforts to address non-compliance with the Building Code. Staff are also supportive of strengthening the co-ordination and oversight of design professionals on complex building construction projects.

On the proposal to create an administrative authority for provincial Building Code services, staff identified concerns on matters of governance, accountability and a diminished municipal voice in building regulatory policy development at the Province. Toronto Building staff do not support the introduction of a program (known as the Certified Professional Program) whereby builders would be allowed through legislation to hire designers (who are also Architects and Professional Engineers) to assume the plan review and inspection roles and responsibilities on behalf of municipalities. While it is important to rely on design professionals to streamline the process, there are a number of concerns with this model, including potential conflicts of interest. The consultation did not contain any proposals to amend the Ontario Fire Code, the Fire Protection and Prevention Act, or the role of the Office of the Fire Marshal.  

The provincial consultation was also an opportunity to identify to the Province that the City of Toronto has experienced challenges in enforcing building regulations and has had to develop creative solutions to address pressing issues; particularly as they relate to high risk work, public education on good construction practices and public safety during construction. Finally, the submission identified that Toronto Building is currently undertaking a Program Review to identify a service model which meets public expectations including effective, efficient and timely services. The Ministry of Municipal Affairs and Housing has been invited to be part of that discussion to help inform its further consideration of the proposals on which it consulted.

This report has been written in consultation with the City Manager's Office and the  Fire Chief and General Manager, Toronto Fire Services.