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Building Code Amendment to Support Community Benefits Charges

New Information from the Latest CodeNews

On September 18, the Ministry of Municipal Affairs and Housing (MMAH) filed Ontario Regulation 511/20, amending the Ontario Building Code (Ontario Regulation 332/12). This adds a reference to new requirements for community benefits charges to the definitions of “applicable law” in the Building Code.

As reported in issue 306 of CodeNews, this will ensure building permits are not issued until the Chief Building Official receives, with the application, confirmation the applicant has paid community benefits charges to the municipality, provided any required facilities, services or matters, or arrangements have been made for such payments or facilities. This does not apply to conditional building permits.

Recent changes to the Planning Act through Bill 197, COVID-19 Economic Recovery Act, 2020, gave municipalities the authority to establish by-laws to impose community benefits charges for the development or redevelopment of land greater than 10 residential units or for buildings or structures with more than five storeys.

The community benefits charges are intended to fund municipal infrastructure for community services, such as land for parks, affordable housing, and childcare facilities.

This change to the applicable law provisions in the Building Code was posted to the Environmental Registry of Ontario (ERO) and the Regulatory Registry (RR) in February 2020 for input. It can be found in the consolidated version of the Building Code at www.ontario.ca/laws/regulation/120332.

Last updated: 2020/Sep/29

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