Building Code Commission business plan 2024–2027
Learn about our activities and plans for delivering quality dispute resolution to Ontario’s building sector.
Mandate of the Building Code Commission
The Building Code Commission (the “Commission”) is an adjudicative agency whose legislative authority is set out in sections 23 and 24 of the Building Code Act, 1992.
The Commission has a mandate to resolve disputes between proponents of construction projects and enforcement officials. The Building Code Act, 1992 sets out three types of disputes that can be heard by the Building Code Commission: those relating to the sufficiency of compliance with the technical requirements of the Building Code; those related to compliance with the prescribed time frames for permit processing; and those related to compliance with the prescribed time frames for site inspections. The Commission’s adjudicative decisions are made independently from the Ministry and the Government of Ontario.
In exercising its mandate, the Commission receives all of its staffing and financial resources from the Building and Development Branch of the Ministry of Municipal Affairs and Housing.
Guiding principles
As an agency of the Government of Ontario, the Commission conducts itself according to the management principles of the government. The Commission’s proceedings are governed by the:
- Statutory Powers Procedure Act
- Building Code Act, 1992
- Adjudicative Tribunals Accountability Governance and Appointments Act, 2009,
- Public Service of Ontario Act, 2006,
- Management Board of Cabinet Directives
- Building Code Commission’s Guidelines, Policies and Procedures Handbook.
These principles and governance elements include ethical behaviour, accountability, excellence in management, wise use of public funds, and high quality service to the public by contributing to the health, safety, accessibility and energy efficiency of buildings in Ontario and by playing a positive role within Ontario’s building design and construction sector.
The Commission has a signed Memorandum of Understanding (MOU) with the Minister relating to the exercising of its mandate. The MOU sets out the relationship between the Commission, the Minister and the Ministry of Municipal Affairs and Housing (“the Ministry”) with respect to the Commission and the service it provides. The purpose of the MOU is to establish the responsibilities of these parties and to ensure that accountability is a fundamental principle that is observed in the management, administration and operations of the Commission. With the appointment of a new Minister in September 2023, a new Memorandum of Understanding is being developed for the consideration of the Minister and Commission Chair.
Strategic direction of the Commission
The strategic direction of the Commission ensures that the mandate to resolve disputes between proponents of construction projects and enforcement officials is achieved. The Commission’s strategic direction is consistent with its mandate, government priorities for the agency sector, key policies and directives.
As part of the Government of Ontario, agencies are expected to act in the best interest of Ontarians by being efficient, effective, and providing value for money to taxpayers. In alignment with this expectation, the Commission’s strategic direction is consistent with the following government priorities:
Transparency and accountability
- Abide by applicable government directives and policies and ensuring transparency and accountability in reporting.
- Adhere to accounting standards and practices, and respond to audit findings, where applicable.
- Identify appropriate skills, knowledge and experience needed to effectively support the board’s role in agency governance and accountability, and provide the Minister with updated skills matrices to ensure boards have qualified appointees.
Risk Management
- Develop and implement an effective process for the identification, assessment and mitigation of agency risks, including cyber security, and any future emergency risks.
Digital Delivery and Customer Service
- Explore and implement digitization for online service delivery to ensure customer service standards are met.
- Use a variety of approaches or tools to ensure service delivery in all situations.
The Commission endeavours to provide a timely, cost effective and non-adversarial process for resolving Building Code disputes through a streamlined and accessible appeals system. In further alignment with the government’s priorities, the Commission continues to maintain its compliance with the Management Board of Cabinet’s Agencies and Appointments Directive including the completion and public posting of the Business Plan and Annual Report each year. The Commission also adheres to the government’s risk management and reporting process.
In keeping with the digital delivery and customer service of the government’s priority, the Commission continues to use tools for online service delivery by accepting applications electronically and scheduling remote virtual hearings.
In addition, the Commission has earned a reputation of being an effective, useful and quality service provider within the construction industry. There are, however, certain challenges that face the Commission. In order to address these challenges and to improve its ongoing operations and client service delivery, the Commission plans to continue with the following initiatives:
Time to hearings
As per the Commission’s performance measures, the Commission aims to offer a date for hearings within 30 working days from receipt of a complete application for 85% of all hearings. A complete application includes receipt of all required documents from both parties to a dispute.
As reported in its 2022-2023 Annual Report, the Commission did not meet this target for the 2022-2023 fiscal year. However, as explained in the report, during the Covid-19 pandemic the Commission temporarily suspended its practice of offering a hearing date within a specific timeframe and modified certain administrative processes in order to provide parties to a dispute and ministry staff scheduling flexibility during that period of time. The Commission has resolved to return to its pre-Covid administrative practices of offering a hearing date before the Ministry’s Technical Background Information report is finalized. With this change, the Commission expects it will achieve this target in the next fiscal year.
The Commission worked with Applicants and Respondents to ensure they were aware of process changes during the Covid-19 pandemic, and as a result, the Commission received an overall satisfaction rating of 96% from clients who responded to the survey.
It is important to note that the Commission’s process requires input from the parties to a dispute; therefore, the Commission’s ability to hold a hearing within a certain number of working days is based on the responses from the parties being received by the Commission within a specific time frame. Accordingly, the Commission decided that the performance measure should track what the Commission is responsible for, which is providing hearing dates, and filter out matters beyond the control of the Commission, such as delayed return of documents, and parties being unavailable for hearing dates.
Time to written decisions
The Commission’s performance measure target for timely communication of decisions reads, “Communicate decisions to parties within 15 working days of completion of hearing for 75% of all hearings”. The Commission notes that the target for this performance measure was met in the 2022-2023 fiscal year for 100% of all hearings.
The Commission also has a performance measure target for the timely preparation and finalization of full written decisions, which reads, “Full written decision to be prepared and finalized within six months (180 days) of completion of hearing for 75% of all hearings”. Although the Commission’s target was not met, it prepared and finalized full written decisions within six months of completion of hearing for 70% of all hearings. The Commission has begun to track the timelines for the various stages of decision production in order to assist it in achieving its target timeline.
The Commission notes that the performance targets for preparation and finalization of full written decisions can be highly affected by changes in staff resources, number of applications and hearings held within a fiscal year.
The Commission endeavors to post all its decisions, once translated into French, to CanLII, a legal reporting website. As the Commission is not in control of timing for translation or posting of decisions, it does not set a performance target for public posting of decisions.
The Commission will continue to monitor its performance measures annually, along with any factors that may impact results.
Transparency and accountability
In keeping with the government’s priority on building greater transparency and accountability, the Commission continues to comply with the accountability requirements set out in the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009. The legislation requires the Commission to review its accountability documents on a regular basis and places some additional requirements on the process for recruitment of new members. As a result of the rules contained within the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, the Commission is required to develop a recruitment statement which details the process to be undertaken when seeking recruitment of new members. In accordance with its recruitment statement, the Commission developed a standard job advertisement to be used when seeking candidates for new members.
Succession planning
As of December 31, 2023, the Commission has a total of 14 part-time members, including the Chair and two Vice-Chairs. New members are currently needed and sought in order to fill gaps in technical expertise in certain ares of the Building Code. The competition for current recruitment is presently underway. All Commission members are appointed by the Lieutenant Governor in Council through an Order in Council. Management Board of Cabinet’s Agencies and Appointments Directive permits individuals appointed to the Commission to serve a combined term of appointment of up to 10 years. The current directive specifies that the appointment terms will be an initial appointment for a period of two years. On the recommendation of the Chair, the appointee is eligible for a reappointment term of three years and a final reappointment term of five years.
Succession planning continues to be an appointments-related issue. Currently, the terms of appointment of all the current membership will expire during the period covered by this plan. If a significant number of members are either not interested in being reappointed or are not reappointed, then the risks of insufficient knowledge transfer and unavailability of certain technical expertise for hearing panels will increase.
In order to mitigate this issue, the Commission believes it would be ideal to have one third of its membership in its initial appointment term of two years, one third of its membership in its second appointment term of three years and one third of its membership in its final appointment term of five years. This would enable the Commission to maintain a balance of new and veteran appointees.
The Commission Chair and staff continue to work on a plan with the Minister’s Office and the Public Appointments Secretariat to seek appointments of new members more often and in smaller groups, so that their terms of appointment do not all expire at once. This strategy allows the Commission to improve succession planning; achieve appointment overlaps; allowing for knowledge transfer from existing members to newly appointed members; achieve an appropriate balance of geographical representation; promote mentoring of new members; and achieve and maintain membership having expertise in all technical disciplines (structural, fire safety, plumbing, mechanical systems, on-site sewage systems, etc.) in the Building Code.
In addition, in trying to address the overall succession planning issue noted, the Commission Chair will continue to carefully consider what recommendations to make regarding reappointment of current members. Accordingly, not all members may be recommended for reappointment. The Commission Chair and staff will also continue to work with the Public Appointments Secretariat and the Minister’s Office to improve the existing complement of regional representation.
Annual survey
The Commission intends to continue its independent survey which assists the Commission in determining satisfaction with levels of service delivery.
Overview of key activities
The Commission’s Policy/Program Analyst - Building Code Commission is responsible for the overall administration of and policy development for the Commission, including case management and customer service to persons wishing to apply to the Commission for a hearing. The Policy/Program Analyst works with the Building and Development Branch of the Ministry to liase with the Minister’s Office regarding the appointments process, issues management, business planning, performance measurement, monitoring of expenditures and ensuring compliance with agency sector requirements and Management Board of Cabinet directives.
The Commission received 17 new applications, and held 18 hearings between April 1, 2023 and December 31, 2023. Once a hearing has concluded, the members of the panel deliberate on the evidence and render their ruling. This decision is then communicated to the parties of the hearing and the full written decision is eventually posted to a legal reporting website, CanLII.
The Commission received the following number of applications over the five-year period including year-to-date 2023 noted below.
| Fiscal | Type of application: Building | Type of application: On-site sewage system | Type of application: Permit processing prescribed time frame | Site inspection prescribed time frame | Total applications | Court referrals | Total hearings |
|---|---|---|---|---|---|---|---|
| 2019-2020 | 30 | 6 | 0 | 0 | 36 | 1 | 25 |
| 2020-2021 | 17 | 6 | 0 | 0 | 23 | 1 | 31 |
| 2021-2022 | 27 | 4 | 0 | 0 | 31 | 0 | 18 |
| 2022-2023 | 18 | 3 | 1 | 0 | 22 | 0 | 23 |
| 2023-2024 | 13 | 2 | 2 | 0 | 17 | 0 | 18 |
Achievements
Several steps have been taken to enhance the Commission’s performance and accountability over the past several years, including the addition of performance targets to the Ministry’s business planning process, and continued monitoring of Commission-specific performance measures in keeping with the government’s priority to enhance customer service.
The Commission conducts an annual survey of its clients. The surveys are carried out at the end of the fiscal year. As such, survey results for the 2023-2024 fiscal year will not be received and tabulated until the end of April 2024. Results are reported in the Commission’s Annual Report.
Based on the annual client survey, the Commission identified the following achievements for 2022-2023:
- Continued to provide a fair and expeditious appeal mechanism regarding technical disputes and, as a result, again faced no judicial review challenges during the 2022-2023 fiscal year.
- Continued its practice of surveying clients.
- Survey results of parties that used Commission services in the 2022-2023 fiscal year indicated that:
- 100% felt that the processes and procedures were clear and understandable
- 95% felt that members demonstrated an appropriate level of expertise regarding the matter under consideration
- 100% felt that they were treated with courtesy throughout the application process
- 95% felt they were treated with courtesy at the hearing
- 100% were satisfied with the overall quality and consistency of service provided by the Commission
Other achievements in 2022-2023 fiscal year included:
- The Commission Chair and staff continue to work with the Public Appointments Secretariat and the Minister’s Office to process the reappointment of four members, in keeping with the government’s priority to maintain appropriate skills, knowledge and experience needed to effectively support the Commission’s role in agency governance and accountability.
- To deliver its services, the Commission continues accepting applications electronically and holding hearings and meetings remotely via telephone or video conferencing. These measures are in keeping with the government’s priority to enhance digital delivery and customer service.
- In keeping with the government’s priority on building greater transparency and accountability, the Commission continues to maintain its compliance with the Management Board of Cabinet’s Agencies and Appointments Directive:
- It prepared, finalized and submitted its three-year Business Plan for 2023-2026
- Its Annual Report for 2022-2023 fiscal year was completed and approved by the Commission within the specified time frame
- Consistent with the government’s priority of risk management, the Commission continues to monitor risks, including identifying and assessing the risks and proposing mitigation strategies which are reported in the Business Plan each year.
- The Commission continues to maintain compliance with the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009.
- The Commission typically holds two bi-annual meetings with the full Commission. The Commission will continue this practice as it accommodates the review and approval of accountability requirements such as the Annual Report and the Business Plan.
- The Commission posted a job advertisement for the recruitment of new members and the competition is currently underway.
Resources
Human resources
As of December 31, 2023, the Commission has a total of 14 part-time members, including the Chair and two Vice-Chairs. All members are appointed by an Order in Council for terms totalling up to 10 years, in accordance with the Management Board of Cabinet’s Agencies and Appointments Directive. The Chair and Vice-Chairs are responsible for agency governance and relations with the Ministry.
The following divisions/branches of the Ministry and government cluster support the Commission in fulfilling the Agencies and Appointments Directive:
- Planning and Growth Division’s Building and Development Branch
- Business Management Division’s Corporate Services Branch and Controllership Financial Planning Branch
- Legal Services Branch
- Community Services Information and Information Technology Cluster
The Commission receives all of its staffing and financial resources from the Building and Development Branch of the Ministry.
The direct support staff assigned by the Ministry to the Commission consists of a 1.0 Full Time Equivalent (FTE) for the position of Policy/Program Analyst – Building Code Commission.
Although the Commission has no staff of its own, the Policy/Program Analyst is the only Ministry staff person assigned to directly support the Commission. The Policy/Program Analyst is responsible for the overall administration of the Commission. This involves managing the appointments process, issues management, business planning, performance measurements, monitoring of expenditures, and ensuring compliance with agency sector requirements and Management Board of Cabinet directives.
Financial Resources
The Commission has no financial budget of its own. The Commission is supported by Ministry staff. The operating expenses for the Commission are funded through the Ministry of Municipal Affairs and Housing’s budget.
The Budget and Outlook for the three-year planning period are based on an estimated application rate of 35 applications and 35 hearing days (using historical data and projecting forward). In general, actual expenses for any given fiscal year are impacted by the number of applications, hearings, meetings and members.
As the Commission has resolved to hold at least two in-person meetings of the full Commission per year, and in-person hearings when a party or the Commission requests it, member travel expenses are expected to be incurred during the three year period of this plan. However, low travel expenses are anticipated since most hearings and other meetings are expected to be held remotely.
The chart below provides details on the costs associated with supporting the Commission.
| Description | 2022-2023 actuals | 2023-2024 year-to-date actuals | 2024-2025 budget | 2025-2026 outlook | 2026-2027 outlook |
|---|---|---|---|---|---|
| Members' per diems | $49,190 | $42,247 | $88,000 | $88,000 | $88,000 |
| Members’ travel/ hearing expenses | $0 | $1,795 | $28,200 | $29,000 | $29,900 |
| Other administration | $10,074 | $11,846 | $22,500 | $23,200 | $23,900 |
| Subtotal | $59,264 | $55,887 | $138,700 | $140,200 | $141,800 |
| Full Time Equivalent (FTE) | 1.0 | 1.0 | 1.0 | 1.0 | 1.0 |
| FTE costs (salary + benefits) | $115,408 | $89,092 | $129,100 | $130,900 | $132,200 |
| Total | $174,672 | $144,979 | $267,800 | $271,100 | $274,000 |
Note: Numbers may not add due to rounding
Revenue
A fee for filing an application to the Commission was implemented starting January 1, 2014 ($170 per application) and was set to increase annually up to the rate of the Consumer Price Index (CPI). Accordingly, the application fee had increased to $212 on January 1, 2023.
In April 2023, the province announced the introduction of the Helping Homebuyers, Protecting Tenants Act which received royal assent on June 8, 2023. The Helping Homebuyers, Protecting Tenants Plan includes freezing 74 different provincial fees at the 2023-2024 level. This includes fees that directly or indirectly increase the cost of housing. As a result, the Building Code regulation was amended so that the 2023 Building Code Commission’s application fee of $212 remains in effect.
Revenues received from the application fee are recorded as part of the Ministry of Municipal Affairs and Housing’s non-tax revenues.
The chart below provides details of the revenues associated with applications to the Commission.
| Description | 2022-2023 actuals | 2023-2024 Year-to-Date Actuals | 2024-2025 Budget | 2025-2026 Outlook | 2026-2027 Outlook |
|---|---|---|---|---|---|
| Revenues: application fees | $5,994 | $3,194 | $7,420 | $7,420 | $7,420 |
| Total revenues | $5,994 | $3,194 | $7,420 | $7,420 | $7,420 |
Communication plan
The Commission communicates with applicants and potential applicants through appropriate publications, forms and instructions, either posted on its public Internet page or distributed on request.
Telephone and email inquiries are responded to by the Policy/Program Analyst-BCC.
Environmental scan
Changes in demand
The increased complexity of the applications as well as an increase in the number of applications that contain multiple disputes will influence the need for appropriately skilled Commission members and could potentially impact the administrative support system required by the Commission. It is essential that the Commission has a sufficient number of skilled members appointed to ensure that it can continue to provide Ontarians with a cost effective and efficient avenue for resolution of Building Code disputes.
The Commission continues to see an increase in the number of applications requiring the Commission to examine and determine its jurisdiction and mandate relative to disputes that may extend beyond the technical and prescribed time frames requirements of the Building Code.
With the increase in the complexity of the applications and the increase in the number of applications that contain multiple disputes, the Commission notes that the length of time it takes to hear and resolve a dispute has also increased.
Financial Implications
As part-time appointees, Commission members receive remuneration in the form of a per diem as established by Treasury Board/Management Board of Cabinet. This per diem ranges from $472 for members to $583 for the Vice-Chair and $744 for the Chair. Commission members are also reimbursed for out-of-pocket expenses associated with attending Commission hearings and meetings in Toronto. Costs associated with Commission activities, including operating costs and member per diems, form part of the overall budget for the Ministry. Since 2020-2021, the use of remote hearings/meetings and reduced number of in-person meetings lowered the expenses related to travel and hearings/meetings. As the Commission has resolved to hold at least two in-person meetings of the full Commission per year, and in-person hearings when a party or the Commission requests it, member travel expenses are expected to be incurred during the three year period of this plan.
Any changes to the Commission’s application rate and/or complexity of disputes will also directly impact the Ministry’s budget in support of Commission activities.
Performance measures and targets
The Commission has adopted the recommendations for performance measurement established in 2000 by the Agency Reform (Guzzo) Commission. These are:
- fairness
- timeliness
- quality and consistency
- transparency
- expertise
- courtesy
The Chart below outlines the Commission’s performance measures, targets and results from the previous fiscal year of 2022-2023 and commitments for 2024-2027.
| Outcomes | Measures | Targets | 2022-2023 status | 2024-2027 commitments |
|---|---|---|---|---|
| Fairness (processes and procedures that are fair and are seen to be fair) | Parties | Not more than 10% of hearings should result in judicial review on an annual basis | Target met | Not more than 10% of hearings should result in judicial review on an annual basis |
| Timeliness (timely resolution of disputes related to technical Code requirements) | a) Number of working days from application to offer hearing date b) Timely communication of decision c) Timely preparation and finalization of full written decision | a) Offer a date for hearing within 30 working days from receipt of a complete application for 85% of all hearings. A complete application includes receipt of all required documents from both parties to a dispute b) Communicate decisions to parties within 15 working days of completion of hearing for 75% of all hearings c) Prepare and finalize full written decision within six months of completion of hearing for 75% of all hearings | a) Target not met. See “Time to hearings” section for Commission's recommended approach to achieve target b) Target met c) Target not met. See “Time to Communicate Decisions” section for Commission’s recommended approach to achieve target | a) Offer a date for hearing within 30 working days from receipt of a complete application for 85% of all hearings. A complete application includes receipt of all required documents from both parties to a dispute b) Communicate decisions to parties within 15 working days of completion of hearing for 75% of all hearings c) Prepare and finalize full written decision within six months of completion of hearing for 75% of all hearings |
| Timeliness (quick resolution of disputes related to prescribed time frame) | a) Timely acknowledgement and notification of hearing date b) Timely scheduling of hearing date c) Timely communication of decision d) Timely preparation and finalization of full written decision | a) Acknowledge receipt of complete submission and provide date for appeal hearing within two business days b) Hear appeals regarding the issuance of municipal building permits and inspection service levels within five business days of receiving the completed application c) Communicate decisions within 15 business days of receiving the completed application d) Prepare and finalize full written decisions within six months of completion of hearing for 75% of all hearings | a) Target met b) N/A (application was withdrawn before hearing date) c) N/A (application was withdrawn before hearing date) d) N/A (application was withdrawn before hearing date) | a) Acknowledge receipt of complete submission and provide date for appeal hearing within two business days b) Hear appeals regarding the issuance of municipal building permits and inspection service levels within five business days of receiving the completed application c) Communicate decisions within 15 business days of receiving the completed application d) Prepare and finalize full written decisions within six months of completion of hearing for 75% of all hearings |
| Quality and Consistency (process and procedures that have integrity and uniformity) | Parties are satisfied that the Commission process was conducted with a high degree of quality and consistency | 85% of parties feel that the process had a high degree of quality and consistency | Target met | 85% of parties feel that the process had a high degree of quality and consistency |
| Transparency (clear and understandable process and procedures) | Parties are satisfied that the Commission’s process and procedures were clearly understood | 85% of parties feel that the process and procedures were clear and understandable | Target met | 85% of parties feel that the process and procedures were clear and understandable |
| Expertise (thoughtful and sound Building Code Commission decisions made due to technical competence of members) | a) Parties are satisfied that the Commission members demonstrated an appropriate level of knowledge and technical competency b) Timely notice to the ministry regarding upcoming Building Code Commission member terms of appointment expiration | a) 85% of parties feel that the members were experts in the subject matter of the hearing b) Provide four months’ notice to the ministry in advance of members’ appointments expiring | a) Target met b) Target met | a) 85% of parties feel that the members were experts in the subject matter of the hearing b) Provide four months’ notice to the Ministry in advance of members’ appointments expiring |
| Courtesy (polite and courteous treatment of all parties) | Parties are satisfied that they were treated with courtesy throughout the application process and at a hearing | 85% of parties surveyed feel that they were treated with courtesy throughout the application process and the hearing | Target met | 85% of parties feel that they are treated with courtesy throughout the application process and at the hearing |
Risk assessment
Based on the Commission’s strategic directions and objectives, one risk to performance has been identified.
Mitigation strategies (including contingency plans, mitigation controls, and monitoring where required as part of prudent risk management protocols) are identified. Planning is required to address these issues and will be scheduled.
The Reference Impact and Probability Matrix used in this assessment is shown below:
| Impact | Low probability | Medium probability | High probability |
|---|---|---|---|
| High | Mitigation controls / contingency plans | Mitigation controls / contingency plans; monitor closely | Take urgent remedial action; monitor rigorously |
| Medium | Tolerate; monitor | Mitigation controls / contingency plans | Mitigation controls / contingency plans; monitor closely |
| Low | Tolerate; no action | Tolerate; monitor | Mitigation controls / contingency plan |
Risk #1: Lack of knowledge transfer/succession planning impacting commission
Issue
Succession planning continues to be an important issue for the Commission.
Insufficient overlap between sitting members whose terms are nearing expiration and newly appointed members has in the past resulted in a disproportionate load on some of the more experienced members. Newly appointed members are unfamiliar with Commission processes. Ideally, not more than 33% of members should retire from the Commission in any given year. This allows for gradual phasing in and out of members and maintains a balance of veteran and newer members. The Commission has expressed an interest in having more overlap between sitting members and newly appointed members.
Probability: Low
The Commission Chair and staff continue to work with the Minister’s Office and the Public Appointments Secretariat to seek appointments of new members more often and in smaller groups, so that their terms of appointment do not all expire at once.
The Commission believes it would be ideal to have one third of its membership in its initial appointment term of two years, one third of its membership in its second appointment term of three years and one third of its membership in its final appointment term of five years. This would enable the Commission to maintain a balance of new and veteran appointees.
Staggering of appointment terms would allow the Commission to transition new members in with the opportunity for transfer of knowledge from experienced members to new members. Once appointment terms are staggered, the risk will be significantly reduced. However, the risk, will fluctuate in severity depending on the status of appointments and will be an ongoing issue for the Commission.
Impact: Medium
Extensive simultaneous changes in Commission membership can result in a disproportionate workload on some members and can create difficulty in determining the appropriate composition of a hearing panel. Newer members, while they may be technically experienced, ideally should be phased into hearings to learn the processes of the Commission.
Tolerate and monitor
While the risk matrix above indicates that the Commission can tolerate and monitor the risk, the Commission intends to follow the mitigation strategy outlined below. This risk will be ongoing for the Commission, and the probability and impact will fluctuate depending on the circumstance at the time of assessing the risk. It seems prudent for the Commission to continue to mitigate the risk as best as it can.
Mitigation
In seeking appointments of new members more often and in smaller groups, the Chair, the Commission and Ministry staff are working to address the overall succession planning issue.
This strategy will allow the Commission to improve succession planning; achieve appointment overlaps, allowing for knowledge transfer from existing members to newly appointed members; achieve an appropriate balance of geographical representation; promote mentoring of new members; and achieve and maintain membership having expertise in all technical disciplines (structural, fire safety, plumbing, mechanical systems, on-site sewage systems, etc.).
The Commission posted a job advertisement earlier this year seeking candidates for new members. The competition is currently underway.
Contingency plan
The Commission Chair and Ministry staff will continue to make it a priority to work with the Minister’s Office and the Public Appointments Secretariat on recruitment to achieve appointment overlaps that improve succession planning, allowing for knowledge transfer from existing members to newly appointed members, and promoting mentoring of new members.
Risk #2: Impact of reduction in staffing resources on the Commission and its performance targets
Issue
Since only one FTE (full time equivalent) Ministry staff is assigned to directly support the business activities of the Commission, the Commission is concerned that current staff resources may impact its ability to meet its performance targets.
Probability: Medium
The Commission believes that current level of staff resources may negatively impact its ability to meet the performance targets it has set related to application processing; timely scheduling of hearings and issuance of full written decisions.
Impact: Medium
The Commission endeavours to provide the construction industry with an efficient and cost-effective way to resolve Building Code disputes. The Commission is concerned that current staff support may result in parties to a dispute experiencing delays in processing applications, timely scheduling of hearings, and/or issuance of full written decisions.
Tolerate and Monitor
The risk matrix above indicates that the Commission will have to develop mitigation controls and contingency plans that need to be monitored closely. This risk is relatively new so the Commission will continue to monitor. The Commission intends to follow the mitigation strategy outlined below.
Mitigation strategy
The Commission will continue to work with staff on developing action plans to mitigate issues as they arise to the best of its ability, while closely monitoring for any impacts on the Commission’s mandated responsibilities and its performance measures. The Commission Chair will work with the Ministry to resolve any issues that arise.
Contingency plan
The Commission will continue to process its applications, hold its hearings and issue its full written decisions as quickly as possible. The Commission notes that it has no control over the amount of staffing resources it is assigned and so it can only make recommendations to the Ministry on possible ways to address the issue.
Footnotes
- footnote[1] Back to paragraph The Commission’s fiscal year runs from April 1 – March 31.
- footnote[2] Back to paragraph Differences in application vs. hearing totals may be attributed in part to matters being resolved between the parties before a hearing is held as well as having some hearings involving files from previous fiscal years.
- footnote[3] Back to paragraph Applications referred to the Commission by the Superior Court of Justice resulted in one additional hearing day in 2019-2020, and two additional hearing days in 2021-2022.
- footnote[4] Back to paragraph The actuals for 2023-2024 do not reflect the entire fiscal period. The numbers are actuals that cover the period from April 1, 2023, to December 31, 2023. Results for the entire 2023-2024 fiscal year will be reported in next year’s Business Plan report and the Commission’s 2023-2024 Annual Report.
- footnote[5] Back to paragraph The Commission’s fiscal year runs from April 1 to March 31. The actuals for 2022-2023 cover the period from April 1, 2022, to March 31, 2023.
- footnote[6] Back to paragraph The actuals for 2023-2024 do not reflect the entire fiscal period. The numbers are actuals that cover the period from April 1, 2023, to December 31, 2023.
- footnote[9] Back to paragraph The per diem rates by position are discussed under the “Financial Implications” section in Section F below.
- footnote[7] Back to paragraph The total operating expenses cover costs associated with hearings, administration, per diems for Commission members and reimbursement for out-of-pocket travel expenses related to meetings. These include hotel accommodations, meal allowances, parking and public transit in accordance with the Management Board of Cabinet’s Travel, Meal and Hospitality Expenses Directive. In 2022-2023 fiscal year, total per diems processed were $64,004 for the Commission. Financial table above reflects actuals of $49,190 due to timing difference; and in 2022-2023 fiscal year and year-to-date December 31, 2023, the use of remote hearings/meetings and reduced number of in-person hearings/meetings lowered the travel related expenses. As the Commission begins to hold some in-person meetings and hearings, travel expenses will be incurred.
- footnote[8] Back to paragraph The number of hearings is determined by the application rate. Member per diem remuneration rates are established by the Management Board of Cabinet’s Agencies and Appointments Directive applying to part-time Order in Council (OIC) appointed members. The Budget and Outlook for 2024-2025 and ongoing are based on an estimated application rate (using historical data and projecting forward), current member per diem remuneration rates and other operating expenses noted above.
- footnote[10] Back to paragraph Estimated revenues for 2024-2025 and ongoing are based on an average of 35 applications per year and the fee in effect at the start of the fiscal year. Application fees were established on January 1, 2014. Effective January 1, 2023, the fee is $212.
- footnote[11] Back to paragraph Revenues recorded in 2022-2023 and year-to-date December 31, 2023 reflect applications received/processed in each of the fiscal years. Due to timing, there may be payments processed from prior fiscal year’s applications or some to be processed in the following period.
- footnote[13] Back to paragraph Performance measure results for the 2023-2024 fiscal year will be reported in the Commission’s 2023-2024 Annual Report.
- footnote[12] Back to paragraph In this Table, “parties” are those recognized by the Building Code Act, 1992, namely applicants to the Commission (for example, applicants for building permits, holders of building permits or persons to whom an order has been issued) and respondents (for example, municipal chief building officials and their designates, inspectors and registered code agencies).