Your application will be reviewed for compliance with the Ontario Building Code, the Zoning By-law, and Applicable Law.

The Building Code Act, 1992 is the legislative framework governing the construction, renovation and change-of-use of a building in the Province of Ontario.

Ontario Building Code is a regulation under the Building Code Act. It establishes detailed technical and administrative requirements. and minimum standards for building construction.

The Ontario Building Code promotes public health and safety, fire protection, resource conservation, environmental integrity, and accessibility. It’s purpose is the promotion of public safety through the application of uniform building standards

The uniform minimum standards for the safety of buildings include

  • Health and Safety
  • Fire protection
  • Structural sufficiency
  • Construction materials
  • Plumbing and Mechanical systems

The Building Code Act and regulations can be viewed on the Province of Ontario’s website: Building Code Act, 1992 and Building Code, Ontario. The Province of Ontario’s Ministry of Municipal Affairs and Housing is responsible for the development of, and the amendments to the Building Code Act and the Code.

The Zoning By-law sets out rules governing land use and the placement of buildings on a lot. It states exactly:

  • Land and building uses
  • Building size or density
  • Location of buildings and other structures on a lot
  • Minimum lot sizes and dimensions, parking requirements, and building height

If you are unable to comply with the provisions of the zoning bylaw  you may make an application to the Committee of Adjustment for a minor variance.

Chapter 363 of the Toronto Municipal Code – Building, Construction, and Demolition is the by-law which sets out the processes and procedures that are followed in administering the Building Code Act. The matters addressed in the chapter include, but are not limited to:

  • Preliminary reviews (zoning applicable law reviews and zoning use reviews);
  • Permit application submission requirements;
  • Types of permits and their requirements (partial permits, conditional permits, change of use permits);
  • Permit and other application fees;
  • General administration of permits (abandoned applications, transfer of permits, revocations)
  • Demolition Control
  • Construction Vibrations; and
  • Fencing of Construction and Demolition Sites

As well as local Zoning By-laws, there are other laws that must be satisfied prior to getting
a building permit. The regulations, other than the Ontario Building Code, that may apply to a project or proposed construction are called applicable law.

Your project or proposed construction must always comply with other applicable law in accordance with the Ontario Building Code. In order to determine the applicable law that apply to your project a Zoning Certificate is recommended prior to submitting an application for a building permit. For development applications a Pre-Application Consultation is recommended.

The following provides a list of the most common applicable law that apply to development and building applications. For a complete list of applicable laws please refer to Section “Definition of Applicable Law” in the Ontario Building Code.

Common Applicable Law

Applicable Law Approval Required Resource
Planning Act, s. 34 or 38 Requires Compliance with Zoning Bylaws. City of Toronto Zoning By-law
Ontario Heritage Act, s. 33, 34 Consent of Council or Heritage Preservation Services to alter or demolish where property is designated under the Act. Search the City of Toronto Heritage Inventory
Ontario Heritage Act, s. 42 Where land is designated in a heritage conservation district, heritage permit issued by Council or Heritage Preservation Services.
Site Plan Approval, Planning Act. s. 41 Requirement for Site Plan Control Bylaw No. 774-2012. Building Toronto Together: A Development Guide
Planning Act, Zoning s.34 Bylaw Amendment Where proposed development requires an amendment to local zoning provisions.
Planning Act, s. 45 Where an application does not comply with all local zoning provisions, final and binding decision by the Committee of Adjustment may be required. Committee of Adjustment
Public Transportation and Highway Improvement Act, s.34 or 38 Where construction is adjacent to a highway, Building and Land Use Permit is required from Ministry of Transportation. Province of Ontario Ministry of Transportation
Conservation Authorities Act s.38 Where construction is in a fill regulated area or flood plain or may interfere with a watercourse. Toronto and Region Conservation Authority
Environmental Protection Act. s. 168 Where industrial or commercial property changed to residential use. Record of Site Condition to be filed with MOE, conformance to Certificate of Property Use. Province of Ontario Ministry of Environment of Site Condition Guide
Environmental Protection Act. s. 46 Where building requires confirmation of waste disposal site. Province of Ontario Ministry of Environment Waste Disposal Site Approvals
For a complete list of applicable law please refer to Section “Definition of Applicable Law” in the Ontario Building Code

The St. Michael’s Hospital and the Hospital for Sick Children, each have helipads that provide vital critical and trauma care service to the City of Toronto and surrounding areas. The protection of the flight paths for these helipads from intrusions caused by development is necessary to ensure their continued and effective operation.

On December 5, 2017, pursuant to an agreement entered into under section 5.81 of the Aeronautics Act (Canada), City Council enacted by-law 1432-2017 to regulate the use of lands in the vicinity of St. Michael’s Hospital and the Hospital for Sick Children. By-laws made by a municipality under an agreement entered into under section 5.8.1 of the Aeronautics Act (Canada) are applicable law for the purposes of issuing a building permit. This means that a building permit will not be issued for a development within lands within the vicinity of St. Michael’s Hospital and the Hospital for Sick Children unless the development complies with by-law 1432-2017 (and other applicable law).

Permit applications in the hospital heliport flightpath areas must meet additional submission requirements to demonstrate compliance with by-law 1432-2017.