Big changes are coming on Jan. 1, 2025 to Ontario’s Building Code as part of the national harmonization initiative undertaken by the federal government. These changes result from deliberations and consultations with industry and the public after the 2020 NBC was released two years ago.
Part of this initiative involved the establishment of the Canadian Board for Harmonized Construction Codes (CBHCC) on Nov. 22, 2022. This new governance model replaced the Canadian Commission on Building and Fire Codes which had been responsible for code development in Canada since 1991.
“The new model integrates the provinces and territories into the national process to better respond to code priorities from jurisdictions and harmonize construction codes across Canada,” the National Research Council Canada announced at the time.
All Canadian provinces and territories are signatories to the Reconciliation Agreement on Construction Codes. Under this agreement, the National Model Codes are to be harmonized across the provinces and territories, with the objective of reducing or eliminating variations between jurisdictional codes and the NBC by the end of 2025. As the final step, the CBHCC will close its public consultations on technical matters at the end of this month.
Ontario says its adoption of measures contained in the 2020 NBC Model Code means the elimination of “at least 1,730 technical variations between the provincial and national requirements.” This will “reduce regulatory burdens for the construction industry, increase the safety and quality of buildings, and make it easier to build housing.”
However, there are important periods of grace surrounding what is called “the 2024 Ontario Building Code.” It is important to understand their implications on current and near-term projects.
First, all permit applications up to Dec. 31, 2024 will be considered under Ontario’s current 2012 Building Code. However, applications may continue to be submitted under the 2012 code until March 31, 2025, “if the applicant demonstrates that their working drawings were substantially complete by December 31, 2024.”
After April 1, 2025, all applications must be filed under the 2024 Ontario Building Code.
Ontario’s compliance with the National Building Code has never been 100 per cent in the past, nor will it be going forward.
Although the Ontario Building Code is 12 years old and has been amended several times over the years, McMillan LLP partners Kailey Sutton, Annik Forristal, and law student Claire La Mantia write, “Ontario is currently about 60 per cent reconciled with the NBC.”
They note even upon harmonization, reconciliation will only be around 80 per cent. Left out are NBC proposals for tornado resiliency, certain septic system details and matters dealing with home-type care occupancy, and guards.
A key area also not being adopted fully by Ontario relates to energy efficiency under the National Building Code’s four-tiered energy format. This has been met with some concern by Efficiency Canada, an Ottawa-based advocacy group that analyzes the country’s energy efficiency performance.
“Estimates are that Ontario is already above the minimum tier, at about Tier 3,” Brendan Haley, Efficiency Canada’s senior director of policy strategy, told the Daily Commercial News. “Yet, without a plan to adopt higher tiers, there is no forward direction on where the province is going next, or a plan to continuously improve energy efficiency requirements. That leaves builders with an uncertain future, and leaves customers vulnerable to weather extremes, energy costs and future retrofit costs that can all be managed through better building performance.”
The 2024 OBC will be made up of two separate documents, the NBC and an Ontario-specific amendment. The province will provide users with a “Building Code Compendium” that consolidates the two into a single, comprehensive document. Print or electronic versions of the compendium can be requested through this link.
“This harmonization exercise is at a scale yet to be seen,” write Sutton, Forristal and La Mantia. “Time will tell if these changes prove to be what is required for Canada and Ontario to stay current, responding to new technology, innovation, and design and building practices.”
John Bleasby is a freelance writer. Send comments and Climate and Construction column ideas to editor@dailycommercialnews.com.
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