- Issue an order to uncover under certain conditions, if he/she has reason to believe that part of the building that is covered or enclosed has not been constructed in compliance with the BCA or the Building Code (subsection 13(6) of the BCA)
- Issue a stop work order if an order made under section 12 or 13 of the BCA is not complied with (subsection 14(1) of the BCA)
- Amend, rescind and enforce a stop work order and any associated order made by a registered code agency (subsections 14(7) and (8) of the BCA)
- Issue an order prohibiting use or occupancy of a building, if an unsafe order made by an inspector is not complied with (subsection 15.9(6) of the BCA)
- Authority to repair or demolish a building to remove an unsafe condition for the protection of the public (clause 15.9(6)(b) of the BCA)
- Issue an emergency order if an inspector is satisfied that a building poses an immediate danger to the health and safety of any person (subsection 15.10(1) of the BCA)
- Take any measures necessary to terminate the immediate danger regarding the subject of an emergency order and enter upon the land and into the building any time without a warrant (subsection 15.10(3) of the BCA)
- The delegation of authority to the chief building official (CBO) comes directly from provincial statute; it is not a delegation from the province to or through the municipal council. Therefore, once the CBO is appointed to the position by municipal council the responsibilities relating to the issuance of permits are solely those of the CBO.
- The duties carried out by the CBO in relation to the issuance of building, conditional, demolition and change in use permits are imposed directly by the provincial Legislature and they are considered to be for the benefit of the public, unlike those of a municipal employee whose duties are solely for the benefit of the municipality.
- A CBO is quite different from other municipal employees. Under section 3 of the BCA, a municipal council is responsible for the enforcement of the statute and is obliged to appoint a CBO and such other inspectors as are required. Therefore, by virtue of subsections 3(1) and (2) of the BCA, a CBO is imbued with a unique legal status as a persona designata. A CBO is considered to be a statutory official by virtue of his or her role relative to the BCA.
- A CBO is considered a statutory officer, or persona designata, rather than a municipal employee by virtue of the nature of his or her position, which allows for the exercise of discretionary authority and to direct the activities of others who are under his or her control.
- The Building Code Act is clear in the duties and powers assigned to the Chief Building Official. The Act was revised and strengthened in 2017 after the Elliot Lake Commission of Inquiry report clarifying the independence of chief building officials from municipal council.