Navigating Applicable Law: Understanding the Gatekeeper of Ontario's Permit Process

"We're waiting on applicable law." If you've delivered that message to a frustrated applicant, you know the confusion it creates. For building officials across Ontario, applicable law is a daily reality—yet for many applicants, it remains vague and bureaucratic. But applicable law is far more than paperwork. It's the network of provincial legislation ensuring every permit we issue protects public health, land use, and the environment. It is the gatekeeper of Ontario's permit process, even when an application meets all requirements of the Building Code.

Under the Building Code Act, a chief building official cannot issue a building permit until all applicable law requirements are met. The term appears in sections 8(2), 8(3), and 10(2) of the Act and is outlined in Ontario Building Code Division A, Article 1.4.1.3, and for conditional permits, Division C, Article 1.3.1.5.

Applicable law comprises more than 30 provincial Acts and regulations governing where and how development can occur. Each focus on a specific public interest, such as heritage preservation, source water protection, or development control near highways and wetlands. These laws vary depending on whether the building permit is for new construction or alterations, conditional permits allowing limited preliminary work, or change of use permits where a building's function changes but no construction is proposed or required.

As building officials, we often coordinate with conservation authorities, risk management officials, and planning departments to ensure applicable law compliance before permit issuance.

Applicable law connects individual building permits to Ontario's broader legislative framework. The Clean Water Act may require risk management official approval in source water protection areas. The Conservation Authorities Act regulates development near wetlands and waterways. The Planning Act governs zoning compliance and site plan control. Heritage and highway protection Acts may apply depending on location.

Each approval protects a specific public interest, and together they address impacts that may not be obvious during standard plan review. Understanding which laws apply to each project helps building departments manage applicant expectations, avoid delays, and ensure legal compliance. Missing one approval can postpone permit issuance or create liability if construction begins prematurely.

When a permit application is submitted, building departments perform a completeness review. Some municipalities exercise their right to refuse incomplete submissions within two business days, while others build the review into their 10-to-30-day technical review period. Key players include:

- Applicant: Obtains all external approvals

- Permit Coordinator or Plans Examiner: Verifies any required approvals are attached and current

- Chief Building Official: Confirms applicable law is satisfied before issuance

- Inspector: Ensures ongoing compliance during construction

While the requirement is consistent across municipalities, interpretation and processes vary. Some jurisdictions require formal approval letters; others accept email confirmations; some rely more heavily on applicants completing self-assessment checklists. Establishing clear internal procedures and communicating expectations to applicants early in the process reduces confusion and delays, particularly for projects in environmentally sensitive areas, heritage districts, or locations with multiple overlapping jurisdictions.

Several Acts appear frequently across various project types:

Clean Water Act (2006): Section 59 requires approval from a risk management official where a Source Protection Plan applies.

Conservation Authorities Act: Sections 28 to 28.1.2 regulate development in floodplains, wetlands, and erosion-prone areas.

Planning Act: Sections 33, 34, 38, and 41 govern demolition, zoning, interim control by-laws, and site plan control.

Public Lands Act: O. Reg. 239/13 sections 2 and 5 regulate construction on shorelands. A work permit may be required if structures extend into that zone.

Environmental Protection Act and Environmental Assessment Act: May apply where land was previously used for waste disposal or where a project triggers environmental review.

Nutrient Management Act: Section 11.1 of O. Reg. 267/03 requires a nutrient management strategy when constructing or expanding a building to store nutrients or house farm animals.

Niagara Escarpment Planning and Development Act: Subsection 24(3) requires approval for all building permits within the development control area.

Public Transportation and Highway Improvement Act: Sections 34 and 38 require a permit from the Ministry of Transportation when constructing or altering a building or land within specified distances from King's Highway and Controlled Access Highway.

Most building permit applications intersect with at least one of these Acts, particularly in Southern Ontario where conservation authority jurisdiction and source protection policies are common.

Conditional permits (BCA section 8(3) and OBC Division C 1.3.1.5) allow limited construction while some approvals remain outstanding. However, the chief building official must be satisfied that a pared down list of applicable law is met, that the municipality has an agreement in place with the owner, and that compliance with the remaining applicable law items and any outstanding building code requirements will be achieved before full permit issuance.

For projects involving environmental protection or water quality, conditional permits are uncommon. Approvals from conservation authorities and risk management officials are usually required before any ground disturbance, making conditional permits difficult to justify from a liability perspective.

Change of use can be more complex than new construction. Under BCA section 10(2) and OBC Division A 1.4.1.3(2), the list of applicable laws expands to include any law affected by the new occupancy. This is particularly relevant when no construction is proposed or required, yet a permit is still necessary.

Consider a straightforward example: a retail store converting to a storage warehouse, changing from Group E to Group F2 occupancy. From a building code perspective, this may require no physical upgrades. However, Planning Act zoning regulations might prohibit industrial or storage uses in a commercial zone, blocking what appears to be a simple administrative permit. Building officials must assess not just the physical changes, but the regulatory implications of the occupancy change itself.

Responsibility for confirming applicable law is shared. The applicant should identify any approval letters or permits they require prior to permit application and provide proof of compliance at the application stage. The building department is then responsible to review and verify compliance before permit issuance. Many municipalities now include applicable law checklists with submission packages or assign a dedicated reviewer to coordinate communication between planning and building divisions.

Clear internal processes help manage workload and reduce errors. Some building departments conduct pre-consultation meetings to identify applicable law requirements early, saving time for both staff and applicants.

Ontario's recent focus on faster housing construction through legislative initiatives like the More Homes Built Faster Act, Cutting Red Tape to Build More Homes Act, and Building Faster Acts has pressured building departments to issue permits quickly. Meanwhile, the web of applicable law continues evolving, with no simplification in sight.

For building officials, this means clear internal procedures, strong inter-departmental coordination, and proactive communication with applicants are more important than ever. The success of permit processing depends on understanding how these legislative requirements connect and managing them efficiently.

Applicable law is the framework holding Ontario's permit system together, linking technical design, environmental protection, and legal compliance in one process. For building officials, understanding which laws apply to each project goes beyond processing applications efficiently—it ensures the permits we issue protect the resources our communities depend on while meeting our legal obligations under the Building Code Act.