Throughout the Ottawa Valley, we have often come across old barns or homesteads that were built over 100 years ago and still standing.
Two hundred years ago or more when settlers first arrived on this vast land, they did so because they were encouraged by the British Crown to settle here. And as a result, these settlers were granted parcels of land with 100% free title to this land to do as they want as long as they built a homestead on it and developed their parcel of land. That was the contract agreement between the Crown and the settler but they had to complete their homesteads within 3-5 years; and once they met that condition, they received their Crown Land Patents (or Letters Patent) from the local Magistrate. As more and more settlers arrived, towns developed and soon municipal institutions were created and assigned different geographical locations. The purpose for these municipal institutions was to provide services to the residents who lived within these geographical locations.
The structures built in those days included homesteads, barns, schools, industrial mills, general stores and so forth. Some communities, like Balaclava (Bonnechere Valley municipality), were once bustling lumber towns that started in the 1860s. Balaclava is now considered an abandoned or ghost town of Ontario. What remains is “a few houses, an abandoned general store and blacksmith shop, an old dam over which the main road passes and a marvelously intact 19th century sawmill”. Isn’t It amazing how these structure still remain standing 165 years later…..and building permits were never thought of in those days.
Why were Building Permits introduced? Building permits in Ontario were first mandated in 1975 with the introduction of the first Ontario Building Code (OBC). Ontario implemented building permits to ensure public safety, health, and well-being by mandating that construction projects meet specific building standards and regulations. This includes ensuring buildings are structurally sound, meet fire safety requirements, are accessible, and adhere to other relevant regulations. The process also protects the interests of property owners and the community by ensuring construction is legal and compliant with local bylaws.
Structurally sound? It seems to me, structures built 165 years or more and still standing would be “structurally sound”, would they not? Anybody with common sense, would ensure their building is structurally sound and safe for the public to be in. People were not stupid back then and they are not stupid today. But for some reason, our local governments think people today aren’t capable of building structures that are not structurally sound or safe for human habitation. Municipalities are responsible for enforcing the Building Code within their jurisdiction, requiring the appointment of chief building officials and inspectors…..to inspect and oversee the construction of those structures belonging to the municipality and/or the province. “Within their jurisdiction” means an area of authority. Municipalities have “authority” over what belongs to them like structures they build for public use such as recreation centres, public libraries, their own building, social housing units that they manage; and so on. Private property does not fall “within their jurisdiction”, although it is often implied that way. The Building Code Act is a provincial legislative document. In the 1867 Constitution, section 92 (still in effect today) grants the province the authority to have their own Provincial Legislature wherein they can write “laws” pertaining to those “matters of subject” under the responsibility of the province. Municipal institutions are listed as one of the “matters of subject” the province is responsible for. Therefore, the laws that are created (i.e. Municipal Act, Planning Act, Building Code, etc) are Laws that municipal institutions must comply to. So, are the Building Permits mandatory for the private sector… or are they mandatory for municipal institutions? A private builder is usually personally responsible for the safety of people within his privately built structure; and that is why they pay insurance. However, if a private builder must pay for a building permit for his private construction because the municipality does not feel he is capable of construction a building without THEIR approval, does that mean that if someone gets hurt within that structure, the municipality should be held liable? This brings to question …. do municipalities have the lawful authority to charge private individuals a building permit fee for the construction of a building for private use?
There is a very good movie on YouTube called STILL MINE 2012. It’s a true Canadian story about a man building a home and what he went through with the local municipality over the building permit. https://youtu.be/PR1MVVPk37g?si=qvaf0P15L40AXtI6 The outcome will surprise you.