Ontario Building Code - Section 43

2024 Building Code Compendium Building Code Act BCA • Page 15 (v) comply with such other conditions as the chief building official considers necessary, including the provision of security for compliance with subclause (iv). 1992, c. 23, s. 8(3); 1997, c. 30, Sched. B, s. 7(2); 1999, c. 12, Sched. M, s. 5(1); 2002, c. 17, Sched. F, Table. Delegation re Conditional Permits (3.1) A principal authority may, in writing, delegate to the chief building official the power to enter into agreements described in clause (3)(c) and may impose conditions or restrictions with respect to the delegation. 2002, c. 9, s. 14(3). Criteria (4) In considering whether a conditional permit should be granted, the chief building official shall, among other matters, have regard to the potential difficulty in restoring the site to its original state and use if required approvals are not obtained. 1992, c. 23, s. 8(4). Registration (5) Any agreement entered into under clause (3)(c) may be registered against the land to which it applies and the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Province of Ontario, as the case may be, is entitled to enforce its provisions against the registered owner and, subject to the Registry Act and the Land Titles Act, any person acquiring any interest in the land subsequent to the registration of the agreement. 1999, c. 12, Sched. M, s. 5(2); 2002, c. 17, Sched. F, Table; 2017, c. 34, Sched. 2, s. 5. Enforcement of Agreement (6) If the chief building official determines that a building has not been removed or a site restored as required by an agreement under clause (3)(c), the chief building official may cause the building to be removed and the site restored and for this purpose the chief building official, an inspector and their agents may enter upon the land and into the building governed by the agreement at any reasonable time without a warrant. 1992, c. 23, s. 8(6). Lien (7) If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the removal of the building and restoration of the site under subsection (6) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 3(1). Deemed Taxes (8) If the building is in territory without municipal organization, the amount spent on the removal of the building and restoration of the site under subsection (6) is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act. 1992, c. 23, s. 8(8); 2006, c. 33, Sched. Z.3, s. 4(1). Disclosure of Prescribed Information (8.1) The chief building official shall, within the period and in the manner prescribed by regulation, give to the corporation designated under section 2 of the Ontario New Home Warranties Plan Act the information prescribed by regulation relating to permits issued under this section and the applications for those permits. 2009, c. 33, Sched. 21, s. 2(3). Referral of Plans, etc. (9) Upon reasonable grounds, the chief building official or registered code agency may refer drawings, plans or specifications accompanying applications for permits or the reports arising out of the general review of the construction of a building to the Association of Professional Engineers of Ontario or the Ontario Association of Architects for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened. 2002, c. 9, s. 14(4). Same (9.1) At the request of the Association of Professional Engineers of Ontario or the Ontario Association of Architects, the chief building official shall refer documents and information described in subsection (9) to those associations for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened. 2002, c. 9, s. 14(4). Revocation of Permits (10) Subject to section 25, the chief building official may revoke a permit issued under this Act, (a) if it was issued on mistaken, false or incorrect information; (b) if, after six months after its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the chief building official, been seriously commenced; (c) if the construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year; (d) if it was issued in error;