Regulation - LGIC

Amendment to the Building Code Supporting Development in Toronto's Lower Don Area

Regulation Number(s):
Ontario Regulation 332/12 (Building Code)
Instrument Type:
Regulation - LGIC
Bill or Act:
Building Code Act, 1992
Summary of Decision:
The amended Building Code came into effect on the date of filing (July 20, 2018)
Analysis of Regulatory Impact:
This regulation will not result in any new cost to business.
Further Information:
Proposal Number:
Posting Date:
Summary of Proposal:
The Ministry of Municipal Affairs and Housing has amended the Building Code regulation to support planning and investment decisions in the Lower Don Area of the City of Toronto.

The Lower Don Area is located in east downtown Toronto at the mouth of the Don River and is located in a flood plain. The Province regulates development in flood prone areas to protect public safety and safeguard property. To support plans for new and intensified development in the Lower Don Area, the Ministers of Municipal Affairs and Housing and Natural Resources and Forestry are working together to allow land use planning and construction to proceed in the Lower Don Area at the same time that planned flood protection infrastructure is underway, while restricting building occupancy to protect public health and safety.

The flood protection infrastructure is anticipated to unlock future development potential, including $5.1 billion added value to the Canadian economy, 51,900 full-time years of employment and $1.5 billion in government revenue.

In addition, a number of public infrastructure projects have received significant investment by the Province and City to facilitate future development, including new integrated GO Regional Express Rail/SmartTrack station in the East Harbour area and new waterfront parks, open spaces, green infrastructure and brownfield remediation through Federal, Provincial and City funding of Waterfront Toronto.

The Building Code is a regulation under the Building Code Act, 1992 and sets the technical and administrative requirements for the construction, renovation, demolition and change of use of buildings in Ontario.

The Building Code amendment is intended to support a streamlined land use planning approvals processes with a risk-based approach that protects public health and safety.

Specifically, the amendment to the Building Code has added requirements for "Occupancy Permit - Buildings in the Lower Don Area", which:
-apply to buildings constructed in the Lower Don Area, (see map)
-apply to buildings where the proposed use is a new or intensified use, and
-restrict the chief building official from permitting the occupation of buildings until after required flood protection infrastructure is complete and functional.

The amended Building Code came into effect on the date of filing (July 20, 2018)
Contact Address:
Building and Development Branch
Ministry of Municipal Affairs and Housing
777 Bay Street -16th Floor
Toronto, ON
M5G 2E5
Effective Date:
July 20, 2018