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SG-K-2026
THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW 2026-16
BEING A BY-LAW REGULATING CONSTRUCTION, DEMOLITION,
CHANGE OF USE AND OTHER BUILDING PERMITS WITHIN THE
TOWNSHIP OF SOUTH GLENGARRY.
WHEREAS, the Municipal Act, 2001, S.O. 2001, Chapter 25 S 5(1) provides that
the powers of a municipal corporation are to be exercised by its council;
AND WHEREAS the Municipal Act 2001, S.O. 2001, Chapter 25 S. 5(3) provides
that the powers of every council are to be exercised by by-law;
AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter
23 as amended, empowers a municipal council to pass by-laws concerning the
issuance of permits and related matters;
AND WHEREAS Subsection 8(3) of the Building Code Act, 1992, S.O. 1992,
Chapter 23 as amended, authorizes a Chief Building Official to issue a
conditional permit in circumstances and subject to the conditions listed in that
subsection;
AND WHEREAS Section 398(1) of the Municipal Act, 2001, S.O. 2001, Chapter
25 as amended, provides that fees and charges imposed by a municipality on a
person constitute a debt of the person to the municipality;
AND WHEREAS Section 398(2) of the Municipal Act, 2001, S.O. 2001, Chapter
25 as amended, provides that the treasurer of a local municipality may add fees
and charges imposed by the municipality, to the tax roll for the following
property in the local municipality and collect them in the same manner as
municipal taxes;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O 2001 provides that
if the municipality must take remedial action and is not repaid then its costs can
be added to the tax roll.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY ENACTS AS FOLLOWS:
SECTION 1 - SHORT TITLE
1.0
This by-law may be cited as the "Building By-law".
SECTION 2 - DEFINITIONS AND INTERPRETATION IN THIS BY-LAW:
2.1
"Act" means the Building Code Act, 1992, S.O 1992, Chapter 23, as
amended;
2.2
"Applicant" means the Owner of a Building or property who applies for a
Permit, or any person authorized in writing by the Owner to apply for a
Permit on the Owner's behalf, or any person or corporation empowered by
statute to cause the demolition of a Building or Buildings and anyone
acting under the authority of such person or Corporation;
2.3
"As Constructed Plans" means "As Constructed Plans" as defined in the
Building Code;
2.4
"Architect" means an "Architect" as defined in the Building Code;
2.5
"Building" means a "Building" as defined in subsection 1(1) of the Act;
2.6
"Building Code" means all regulations made under section 34 of the Act,
as amended;
2.7
"Chief Building Official" means the Chief Building Official or their
designate appointed pursuant to subsection 3(2) of the Act and by by-law of
the Corporation of The Township of South Glengarry for the purpose of
enforcement of the Act;
2.8
"Complete
Application"
means
an
application
that
meets
the
requirements set out in the Building Code for applications where the Chief
Building Official is required to make a decision within a prescribed time
period, Section 4, Section 5, and Schedule "C" of this by-law;
2.9
"Construct" means to "Construct" as defined in subsection 1(1) of the Act;
2.10 "Corporation" means The Corporation of the Township of South
Glengarry;
2.11
"Demolish" means to "Demolish" as defined in subsection 1(1) of the Act;
2.12 "Electronic Address" means any address used for the purpose of sending
or receiving documents or information by electronic means, commonly
referred to as an email;
2.13 "Farm Building" means a "Farm Building" as defined in the Building Code;
2.14 "Fixture" means a "Fixture" as defined in the Building Code;
2.15 "Inspector" means an Inspector appointed pursuant to subsection 3(2) of
the Act and by by-law of the Corporation;
2.16 "Municipality" means the Corporation;
2.17 "Owner" means the registered Owner of the land, and includes a lessee,
mortgagee in possession, and the person in charge of the property;
2.18 "Permit" means permission or authorization given in writing by the Chief
Building Official to perform specific Work regulated by this by-law, the Act,
and the Building Code, or to occupy a Building or part thereof, or to change
the use of a Building or part of a Building or parts thereof as regulated by
the Act and/or the Building Code;
2.19 "Permit Holder" means the person to whom the Permit has been issued
and who assumes the primary responsibility for complying with the Act and
the Building Code;
2.20 "Plumbing" means "Plumbing" as defined in subsection 1(1) of the Act;
2.21 "Professional Engineer" means a "Professional Engineer" as defined in
the Building Code;
2.22 "Project" means to do anything in the construction, demolition, change of
use or Plumbing for a Building which is regulated by the Act and/or the
Building Code;
2.23 "Work" means to do anything in the construction, demolition, change of
use or Plumbing for a Building which is regulated by the Act and/or the
Building Code.
2.24 Terms not defined in this by-law shall have the meaning ascribed to them in
the Act and/or the Building Code.
SECTION 3 - CLASSES OF PERMITS
3.1
Classes of Permits and fees required for Work are set forth in Schedule "A",
appended to, and forming part of this by-law.
3.2
Permits for Work other than those referred to in this by-law, shall be
obtained from the appropriate authority having jurisdiction in accordance
with the by-laws of the Corporation and any other applicable laws. Such
Permits may include but are not limited to encroachments, land use
setbacks, regulated areas, culverts, water and sewer services, rights-of-
way, road cuts and electricity.
SECTION 4 - REQUIREMENTS FOR PERMIT APPLICATIONS
4.1
To obtain a Permit, the Applicant shall file an application in writing by
completing the prescribed application form available from the office of the
Chief Building Official, or from the Corporation website, and shall supply
any other information relating to the application as required by the Chief
Building Official.
a)
Every application for a Building Permit shall be submitted to the
Chief Building Official and shall be signed by the Applicant who
shall certify the truth of the contents of the application. All Permit
applications must be accompanied by enough information to
enable the Chief Building Official to determine whether the
proposed construction, demolition, change of use or transfer of
Permit will comply with the requirements of the Act, the Building
Code, and any other applicable law.
4.2
To be considered a Complete Application, every Permit application shall be
accompanied by the approval documents issued by the agencies
responsible for the applicable laws listed in the Building Code, Division A,
Part 1, article 1.4.1.3., where the said agencies issue approval documents
and the said law applies to the construction, demolition or change of use
being proposed.
4.3
An application for a Permit may be refused by the Chief Building Official
where it is not a Complete Application.
4.4
The Chief Building Official may, as the Chief Building Official deems
appropriate, provide prescribed forms in an electronic format, and may
allow for the electronic submission of completed Permit application forms.
4.5
Notwithstanding subsection 4.4, completed forms generated electronically
shall be accepted subject to endorsement by the Applicant in a format as
determined by the Chief Building Official.
4.6
When filing an application, the Owner and the Applicant shall each provide
an Electronic Address(es) for the purpose of receiving communications from
the office of the Chief Building Official regarding the construction, demolition
or change of use associated with a Permit application or issued Permit.
The Owner or authorized agent of the Owner shall inform the Chief Building
Official immediately in writing when the Electronic Address(es) provided
changes, or becomes not functional, and provide a new functioning
Electronic Address(es).
4.7
When the Owner and Applicant do not have an Electronic Address(es) for
the purpose of receiving communications, they shall provide an alternative
means of contact by means of a phone number and mailing address.
PERMIT TO CONSTRUCT
4.8
Every application for a Permit to Construct a Building under subsection 8(1)
of the Act shall:
a)
Identify and describe in detail the Work to be done and the existing
and proposed use and occupancy of the Building, or part thereof,
for which the Permit is made;
b)
Include complete plans, specifications, documents, forms and other
information prescribed in Section 5 and Schedule "C" of this by-law
for the Work for which the application is made;
c)
Be accompanied by acceptable proof of corporate identity and/or
property ownership, unless such proof is determined by the Chief
Building Official to be unnecessary; and
d)
Submit the required fee(s) and deposit(s) as prescribed in Schedule
"A" and Schedule "B" of this by-law.
PERMIT TO DEMOLISH
4.9
Every application for a Permit to Demolish a Building under subsection 8(1)
of the Act shall:
a)
Identify and describe in detail the Work to be done and the existing
and proposed use and occupancy of the Building, or part thereof,
for which the application for a Permit to Demolish is made, and the
proposed use and occupancy of that part of the Building, if any, that
will remain upon completion of the demolition;
b)
Include complete plans, specifications, documents, forms, and
other information prescribed in Section 5 and Schedule "C" of this
by-law for the Work for which the application is made; and
c)
Submit the required fee(s) and deposit(s) as prescribed in Schedule
"A" and Schedule "B" of this by-law.
CONDITIONAL PERMIT
4.10 Every application for a conditional Permit for a Building under Subsection
8(3) of the Act, shall include written correspondence to the Chief Building
Official stating:
a)
The reason(s) why the Applicant believes that unreasonable delays
in construction would occur if a conditional Permit were not granted;
b)
The necessary approval(s) which must be obtained in respect of
the proposed Building and the time in which such approvals will be
obtained; and
c)
Any potential difficulty, of which the Applicant is aware, in restoring
the site to its original state and use if required approvals are not
obtained.
4.11 Upon receiving correspondence, including the items described in
Subsection 4.10 of this by-law, the Chief Building Official may issue a
conditional Permit if:
a)
the Applicant and such other persons as the Chief Building Official
determines necessary, agrees with the Corporation, board of
health, planning board, conservation authority or the Crown in right
of Ontario, in writing to do the things provided for in Clause 8(3)(c)
of the Act, as may be applicable and as may be required by the
Chief Building Official;
b)
the Applicant has registered any agreement pursuant to Clause
8(3)(c) of the Act on title to the subject property, as may be required
at the discretion of the Chief Building Official pursuant to
Subsection 8(5) of the Act;
c)
the Applicant has submitted the required fee(s) and deposit(s) as
prescribed in Schedule "A" and Schedule "B" of this by-law for the
entire Project; and
d)
doing so would comply with Subsection 8(3) of the Act and Article
1.3.1.5. of Division C of the Building Code;
4.12 The Chief Building Official shall not, by reason of the issuance of a
conditional Permit pursuant to this by-law, be under obligation to grant any
additional permits.
TRANSFER OF PERMIT
4.13 Every application for a transfer of Permit because of a change in land
ownership, as permitted under Clause 7(1)(h) of the Act, shall:
a)
Be on the prescribed application form, as may be amended by the
Corporation;
b)
Provide the names and addresses of the previous and new land
Owner(s), the date that the land ownership change occurred, proof
of land ownership change, and a description of the Permit that is
being transferred; and
c)
Include the required fee(s) and deposit(s) as prescribed in
Schedules "A" and Schedule "B" of this by-law.
4.14 Unless written instructions to the contrary have been provided by the
previous Owner to the Chief Building Official, any deposit(s) and monies
associated with the Permit shall be deemed to be transferable. The
conditions assigned to the said deposit(s) and monies shall remain in effect
and shall apply to and be binding on the new Applicant who shall
thenceforth be the Permit Holder for the purpose of the Act and Building
Code, without any further notice upon issuance of the transfer of Permit.
ALTERNATIVE SOLUTIONS
4.15 Every application for a Permit that contains materials, systems or Building
design(s) for which authorization is required under Section 2.1 of Division C
of the Building Code, shall:
a)
Be on the prescribed application form, as may be amended by the
Corporation;
b)
Include supporting documentation demonstrating that the proposed
materials, systems or Building designs will provide the required
level of performance according to Article 1.2.1.1. of Division A of
the Building Code;
c)
Include supporting documentation and test methods providing
information according to Section 2.1 of Division C of the Building
Code; and
d)
Include the required fee(s) as prescribed in Schedule "A" of this by-
law.
4.16 The Chief Building Official may accept or reject any proposed equivalents or
may impose conditions or limitations on their use.
4.17 Any equivalents which are accepted shall be applicable only to the location
to which the approval is granted and are not transferable to any other
Permit.
INCOMPLETE APPLICATIONS
4.18 Every application is deemed to be incomplete if it does not contain the
prescribed information or is not accompanied by plans, specifications and
documents specified in this by-law, and may not be accepted.
4.19 Despite Subsection 4.18, an incomplete application may be accepted if the
Applicant acknowledges the application is incomplete by duly completing
the prescribed form, as amended from time to time, provided by the
Corporation, thus postponing the application of the timelines stipulated by
the Building Code until the application is deemed complete.
DORMANT APPLICATION
4.20 Every application for a Permit shall be deemed to be dormant where:
a)
The application is incomplete according to Subsection 4.18 and
remains incomplete for twelve (12) months after it was submitted;
or
b)
Twelve (12) months have elapsed, and the application remains
incomplete after the Applicant was notified that the proposed
construction, demolition, or change of use will not comply with the
Building Code, the Act or will contravene any applicable law.
4.21 Every application that is deemed dormant pursuant to Subsection 4.20 shall
be removed from the active roster and retained until either:
a)
The Applicant chooses to re-activate the application and submits
the required fee as prescribed in Schedule "A";
b)
The Applicant advises the Corporation that it wishes to abandon the
application; or
c)
The Chief Building Official rejects the application at their discretion.
4.22 Where an application is rejected by the Chief Building Official, notice thereof
shall be given to the Applicant via electronic notification. All submitted
plans, specifications and documents may be disposed of or, upon written
request, returned to the Applicant at the Applicant's expense.
PERMIT REVOCATION
4.23 The Chief Building Official, subject to the provisions outlined in Subsection
8(10) of the Act, has the authority to revoke a Permit issued under the Act.
The Chief Building Official shall:
a)
Prior to revoking a Permit, give written notice of the intention to
revoke the Permit to the Permit Holder, either personally or
electronically at the Permit Holder's Electronic Address shown on
the application or to such other address as the Permit Holder has
provided to the Corporation; and where notice is given by Electronic
Address, it shall be deemed to have been given on the third day
after it was sent by electronic means;
b)
Following the issuance of the notice described in Clause (a),
consider whether to revoke the Permit immediately, or after a
period prescribed by the Chief Building Official, and all submitted
plans, specifications, documents, and other information may be
disposed of or, upon written request from the Permit Holder,
returned to the Permit Holder at their expense.
DORMANT PERMIT
4.24 Every open Permit shall be deemed dormant where:
a)
Three (3) years have elapsed since the date of the most recent
inspection; or
b)
Three (3) years have elapsed since the date of Permit issuance
where no inspections have been requested.
4.25 Every open Permit that is deemed dormant pursuant to Subsection 4.24
shall remain dormant until the Permit Holder requests to renew the dormant
permit and submits the required fee as prescribed in Schedule "A".
LIMITING DISTANCE AGREEMENT
4.26 Every application for a Limiting Distance Agreement with the Municipality,
as provided for in the Building Code, shall include written correspondence
to the Chief Building Official stating:
a)
The reason(s) why the Applicant requires relief from the limiting
distance requirements of the Building Code; and
b)
The necessary approval(s) from any affected adjacent property
owner(s).
4.27 Upon receiving written correspondence, the Municipality may enter into a
Limiting Distance Agreement in accordance with the Building Code.
SEWAGE SYSTEM PERMITS
4.28 In addition to the general requirements set out in Section 5 of this by-law,
an application for a sewage system Permit shall:
a)
Use the provincial application form "Application for a Permit to
Construct or Demolish" and schedules 1 through 8 or others as
may be applicable, depending on the design of the system;
b)
Include a site evaluation which shall include all the following items
unless otherwise specified by the Chief Building Official:
i)
The date the evaluation was done,
ii)
The name, address, telephone number and signature of the
person who prepared the evaluation,
iii)
A scaled map of the site showing:
(1)
The legal description of the property, property lines
and easements;
(2)
The location of items listed in Column 1 of Tables
8.2.1.6.A and 8.2.1.6.B of the Building Code;
(3)
The proposed location of the sewage system;
(4)
The location of any unsuitable, disturbed, or
compacted areas; and
(5)
The access route for tank maintenance.
iv)
Depth to bedrock,
v)
Evidence of high ground water,
vi)
Soil properties,
vii)
Soil conditions,
viii)
Utility corridors,
ix)
Permeability, and
x)
Potential for flooding.
c)
Submit the required fee(s) as prescribed in Schedule "A" of this by-
law.
SECTION 5 - PLANS AND SPECIFICATIONS
5.1
Every Applicant shall submit sufficient information with each application for
a Permit to enable the Chief Building Official to determine whether the
proposed construction, demolition, change of use or transfer of Permit will
comply with the requirements of the Act, the Building Code, any applicable
law and any other pertinent information required.
5.2
Every application shall, unless otherwise specified by the Chief Building
Official, be accompanied by one (1) complete set of plans and
specifications as described herein as well as in Schedule "C" of this by-law.
5.3
The Chief Building Official may request additional sets of plans and
specifications as deemed necessary.
5.4
The Chief Building Official may require plans and specifications and any
other required documentation to be submitted in an electronic media format
approved by the Chief Building Official.
5.5
Plans and supporting documentation shall contain, a calculation of the
actual area of Work proposed to be included as part of the Permit
application in square meters.
5.6
When revisions are necessary, plans and supporting documentation shall
contain revision dates and markings to clearly identify what revisions have
been made and on what date.
SITE PLANS
5.7
At the discretion of the Chief Building Official, site plans shall be referenced
to an up-to-date plan of survey, when required to demonstrate compliance
with the Act, the Building Code or other applicable law.
5.8
Every site plan shall include:
a)
Lot size and the dimensions of property lines;
b)
Existing and proposed finished ground levels or grades;
c)
Locations and dimensions of proposed and existing structures and
their respective setback distances from property lines;
d)
Location of, and distances to, municipal drains;
e)
On-site sewage system location and clearance distances;
f)
Existing and proposed entrances;
g)
Municipal roadway and driveway location;
h)
Rights of way, easements, and the location of all services;
i)
Calculated proposed lot coverage; and
j)
North arrow.
LOT GRADING
5.9
For every application for a Permit for construction, a grading and drainage
plan shall be provided in accordance with the Corporation's "Grading and
Drainage By-law" where applicable.
5.10 For every application for a Permit for construction on a property located
within a registered subdivision, a grading and drainage plan shall be
provided demonstrating compliance with the approved subdivision grading
and drainage plan.
5.11 For every application for a Permit for construction on a property located
within a Site Plan Control Area, a plan or plans shall be provided in
accordance with the Corporation's "Site Plan Control By-law".
AS CONSTRUCTED PLANS
5.12 The Chief Building Official may request a Surveyor's Real Property Report
(SRPR) and any other information as deemed necessary to assist in
confirming compliance with the Building Code, the Act or any other
applicable law as defined in the Building Code.
SECTION 6 - FEES
6.1
A fee shall be paid with every Permit application, calculated in accordance
with Schedule "A". These fees may be amended by Council in accordance
with the Act.
6.2
The minimum base fee payable on any application shall be $250.00, unless
noted otherwise.
6.3
Where the amount of a fee to be paid, as part of a Permit application, is
based upon the Building category, floor area and/or value of the proposed
Construction, the Chief Building Official, shall determine the appropriate
Building class, floor area and/or value, and that determination shall be final.
ADMINISTRATIVE PERFORMANCE DEPOSIT
6.4
In addition to the fees due in accordance with Subsection 6.1, each
application for a Permit shall also be subject to an Administrative
Performance Deposit as set out in Schedule "B" of this by-law. The
Administrative Performance Deposit shall be paid prior to issuing the
Building Permit for all classes of Permits and shall be in addition to other
Permit fees set out in Subsection 6.1. Where an Administrative
Performance Deposit is due and unpaid, the Chief Building Official may
refuse to issue the Permit.
6.5
The Administrative Performance Deposit is collected by the Corporation to
provide security that all necessary inspections are completed through the
duration of construction and/or demolition to ensure the Permit file can be
appropriately closed at the conclusion of the Work.
6.6
Where additional fees are incurred by the Applicant and/or Permit Holder
through the course of the construction or demolition process, these fees
may be deducted from the submitted Administrative Performance Deposit or
paid in full at each occurrence.
6.7
Where fees have been deducted from a submitted Administrative
Performance Deposit, the Corporation may require the Applicant, at the
discretion of the Chief Building Official, to pay funds into the Administrative
Performance Deposit necessary to restore the full amount of the
Administrative Performance Deposit required by Schedule "B".
6.8
Subject to the provisions of Schedule "B", upon completion and closing of
the Permit file, any Administrative Performance Deposit funds remaining will
be refunded to the individual or corporation indicated on the consent and
acknowledgment form. If no individual or corporation has been indicated,
funds will be refunded to the Owner at the time of a passed final inspection.
PLAN RE-EXAMINATION FEES
6.9
The initial plans examination of a Complete Application, as well as the
preparation of the plan's examination report shall be included as a
component of services provided for in the Permit fee as identified in
Schedule "A".
6.10 In addition to the initial plan's examination of a Complete Application as
identified in Subsection 6.9, a single follow up plans examination shall also
be included as a component of service provided.
6.11 Notwithstanding Subsections 6.9 and 6.10, any subsequent plan's
examination review beyond those identified as included in the Permit fee
shall be subject to a secondary plan review fee based on a rate per hour of
plans examination beyond those provided for in the cost of the Permit. This
additional hourly rate shall be calculated by the Chief Building Official in
accordance with the fee established in Schedule "A".
CONSTRUCTION / DEMOLITION WITHOUT A PERMIT
6.12 Notwithstanding the enforcement requirements of the Act, where a Permit
application has been received, and where the construction has commenced
in advance of the issuance of a Permit, the Applicant shall pay the required
fee as prescribed in Schedule "A".
6.13 The fee outlined in Subsection 6.12 shall not relieve any individual or
corporate entity from complying with the Building Code and other applicable
law or from any penalty prescribed by the Act, for commencing construction
prior to obtaining a Permit.
RE-ACTIVATION OF A DORMANT APPLICATION
6.14 Where an Applicant chooses to continue with the processing of a Permit
application that was deemed dormant, the Applicant shall pay the
prescribed fee as set out in Schedule "A".
CONDITIONAL PERMIT
6.15 Where an application has been submitted for a conditional Permit, in
addition to the fee prescribed in Schedule "A", the Applicant shall pay the
applicable fee(s) and deposit(s) prescribed in Schedule "A" and Schedule
"B" for all the Work associated with the entire Building.
6.16 Notwithstanding Subsection 6.15, where there is an additional application
submitted for another conditional Permit, the Applicant shall pay another fee
for a conditional Permit as prescribed in Schedule "A".
OCCUPANCY PERMIT FEES
6.17 Occupancy inspections, as well as the preparation of the Occupancy Permit
report shall be included as a component of services provided for in the
Permit fee as identified in Schedule "A".
6.18 If the Building is occupied before the issuance of an Occupancy Permit, the
Permit Holder and/ or Owner shall be subject to a surcharge as prescribed
in Schedule "A".
COMPLIANCE FEES FOR ORDERS
6.19 To offset additional investigative and administrative costs, a compliance fee
as prescribed in Schedule "A" shall be paid for each Order issued pursuant
to Section 12, 13 or 14 of the Act.
6.20 To offset additional costs associated with the investigation, inspection,
administration and rectification of any unsafe Buildings pursuant to Section
15.9 of the Act, a compliance fee as prescribed in Schedule "A" shall be
paid, where any Unsafe Building Order is issued pursuant to Subsection
15.9(4) of the Act, and an additional compliance fee as prescribed in
Schedule "A" shall be paid where any Order Respecting Occupancy is
issued pursuant to Subsection 15.9(6) of the Act.
6.21 At the Chief Building Official's discretion, Orders issued under the Act may
be registered on title. Fees for removal of Orders registered on title are set
out in Schedule "A".
6.22 Payment of these compliance fees does not relieve any person or
corporation from complying with the Act, the Building Code or any
applicable law.
ALTERNATIVE SOLUTION
6.23 Every application for an alternative solution under the Building Code shall
be subject to a fee as prescribed in Schedule "A".
THIRD PARTY EVALUATIONS
6.24 In any situation where the Chief Building Official requires a third-party
evaluation, the Applicant shall be subject to any costs incurred by the
Corporation, plus any fees and administrative charges, prescribed in
Schedule "A".
LIMITING DISTANCE AGREEMENT
6.25 Every Applicant that requests a Limiting Distance Agreement shall be
subject to a fee as prescribed in Schedule "A".
6.26 In addition to the fee described in Subsection 6.25, the Applicant shall be
subject to any costs incurred by the Corporation for any third-party
evaluation, legal fees, or registration fees, plus any administrative charges
as prescribed in Schedule "A".
PART 10 CHANGE OF USE - PERMIT SURCHARGE
6.27 Even though no construction is being proposed, the change of use of a
Building or part of a Building which requires a review pursuant to Part 10 of
the Building Code, shall be subject to the prescribed surcharge in Schedule
"A".
PART 11 RENOVATION - PERMIT FEE
6.28 Every application that requires a review pursuant to Part 11 of the Building
Code, shall be subject to the fees outlined in Schedule "A".
RE-ACTIVATION OF A DORMANT PERMIT
6.29 Where the Permit Holder requests to renew an open permit that was
deemed dormant, the Permit Holder shall pay the prescribed fee as set out
in Schedule "A".
PERMIT FEE INDEXING
6.30 Building Permit fees set out in Schedule "A" attached hereto shall be
adjusted without amendment to this by-law annually on January 1st of each
year. The adjustment will be in accordance with the Bank of Canada's
Annual Consumer Price Index over the past twelve (12) months using
September 30th as the base index value from the previous year.
6.31 In the event the Bank of Canada's Annual Consumer Price Index is a
negative value, Building Permit fees shall remain the same.
ADDITIONAL INSPECTION FEES
6.32 The initial inspection of construction or demolition for which a Permit has
been issued at each stage of construction or demolition, as well as the
preparation of inspection reports, shall be included as a component of
services provided for in the Permit fee, as identified in Schedule "A".
6.33 At the Chief Building Official's discretion, additional inspection fees, as
prescribed in Schedule "A" shall apply and be paid prior to subsequent
inspections occurring where;
a)
Construction was incomplete and the Permit Holder was not ready
for inspection; or
b)
Construction was not in compliance with the Building Code after
two (2) inspections for the respective stage of construction.
COLLECTION OF FEES
6.34 The Corporation may recover its costs of remedial action, if required, and/or
any unpaid fees in the same manner as real property taxes, pursuant to the
Municipal Act, 2001, S.O. 2001, Chapter 25, as amended.
SECTION 7 - REFUNDS
7.1
The Corporation will issue a partial refund of fees paid, in an amount
determined by Subsection 7.2, if requested by an Applicant or Permit
Holder, in writing, within thirty (30) days where;
a)
An Applicant withdraws, in writing, an application for a Permit;
b)
The Chief Building Official refuses to issue a Permit for which an
application has been made; or
c)
The Chief Building Official revokes a Permit after it has been
issued.
7.2
The Chief Building Official shall calculate the portion of any fee paid that
may be refunded and authorize the payment thereof, based upon the
functions undertaken by the Corporation, as follows;
a)
One hundred (100%) percent less the base fee if the application
has been received, no permit reviews completed, and the Permit
has not been issued;
b)
Seventy-Five (75%) percent less the base fee if the application has
been received, a permit review has been completed, and the Permit
has not been issued;
c)
Fifty (50%) percent less the base fee if the Permit has been issued
and no field inspections have been performed after Permit
issuance; or
d)
Fifty (50%) percent less the base fee, less an additional five (5%)
percent for each field inspection that has been performed after the
Permit has been issued.
7.3
Notwithstanding Subsection 7.2, no refund shall be payable where the
refund amount calculated in accordance with this section is less than
$100.00.
7.4
Notwithstanding Subsection 7.2, no refund shall be payable until the site
has been re-instated to a pre-construction state.
7.5
Any amount authorized by the Chief Building Official to be refunded shall be
paid to the individual or corporation indicated on the consent and
acknowledgment form. If no individual or corporation has been indicated,
funds will be refunded to the Owner at the time of the request.
SECTION 8 - REQUIRED NOTICES FOR INSPECTIONS
8.1
The Permit Holder shall notify the Chief Building Official or a Registered
Code Agency, where one is appointed, of each stage of construction for
which a mandatory notice is required under Division C, Subsection 1.3.5. of
the Building Code.
8.2
The Permit Holder shall notify the Chief Building Official or Registered Code
Agency, where one is appointed, requesting an occupancy Permit be
issued, in accordance with Subsection 1.3.3. Division C of the Building
Code and Section 11 of the Act.
8.3
A notice pursuant to Section 8 of this by-law is not effective until notice is
received by the Chief Building Official or the Registered Code Agency,
where one is appointed.
8.4
Notice shall be deemed to have been received when the Chief Building
Official or a designated person within the building department makes a
written or electronic record of the request for inspection.
8.5
Upon receipt of proper notice, the Inspector or Registered Code Agency,
where one is appointed, shall undertake a site inspection of the Building to
which the notice relates, in accordance with the time periods prescribed in
Article 1.3.5.3. of Division C of the Building Code.
8.6
In addition to the notices prescribed in Article 1.3.5.1. of Division C of the
Building Code, the Permit Holder shall give notice to the Chief Building
Official, or Registered Code Agency, where one is appointed, of the
readiness for inspection for the following stages of construction, where
applicable:
a)
Commencement of construction of,
i)
Masonry fireplaces and masonry chimneys;
ii)
Factory-built fireplaces and allied chimneys;
b)
Substantial completion of site grading;
c)
Substantial completion of the pool deck and dressing rooms for a
public pool or public spa and readiness for inspection of the
emergency stop system for a public pool or public spa; and
d)
Completion of a Building for which an occupancy Permit is required
under subsection 1.3.3. of Division C of the Building Code.
DOCUMENTS ON SITE
8.7
During the duration of the Work, the Permit Holder shall:
a)
Post in a conspicuous place on the property in respect to which the
Permit was issued, a copy of the Permit; and
b)
Post a sign, poster or placard that is visible from the street
indicating the civic address for the property in respect to which the
Permit was issued.
SECTION 9 - ADMINISTRATION
FORMS
9.1
Forms prescribed for use as applications for Permits and administrative
matters shall be as set out by the Chief Building Official.
9.2
Notwithstanding Subsection 9.1, prescribed forms will align with those
provided by the Ministry of Municipal Affairs and Housing.
CHIEF BUILDING OFFICIAL DISCRETION
9.3
The Chief Building Official may waive some of the requirements of Section
5 or Schedule "C" of the by-law with respect to any application where it is
deemed appropriate. The Chief Building Official may also waive, or amend,
some of the fees and/or deposits for any application, where it is deemed
appropriate. Under no circumstance, can fees and/ or deposits be adjusted
higher than prescribed in Schedules "A" and/ or "B".
CHIEF ADMINISTRATIVE OFFICER DISCRETION
9.4
The Corporation's Chief Administrative Officer may waive, or amend, some
of the fees and/or deposits for any application, where an Applicant or Permit
Holder disagrees with the Chief Building Official's interpretation of fees and/
or deposits, as deemed appropriate.
PROPERTY OF THE CORPORATION
9.5
Plans, specifications, documents, forms, and other information furnished
according to this by-law or otherwise required by the Building Code and/or
the Act, shall become the property of the Corporation and will be dealt with,
including both disposal and retention, in accordance with relevant legislation
and applicable municipal policies and procedures.
AGENCY LETTER
9.6
The Chief Building Official may sign an Agency Letter of Approval as
required (liquor license application, tiny home compliance letter, health unit
compliance letter, etc.). The fee for such approval must be paid in full prior
to issuing the letter to the Applicant. The fee shall be in accordance with
Schedule "A" of this by-law.
SECTION 10 - CODE OF CONDUCT
10.1 The Chief Building Official, Deputy Chief Building Official and Inspectors
appointed by by-law, shall comply with the code of conduct for Building
Officials set forth by the principal authority.
SECTION 11 - SEVERABILITY
11.1 In the event any section, subsection, clause or provision of this by-law be
declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of this by-law as a whole or any part thereof, other
than the part so declared to be invalid.
SECTION 12 - ENFORCEMENT AND PENALTIES OFFENCES
12.1 Any person who contravenes any provision of this by-law is guilty of an
offence, as provided for in Section 36 of the Act.
COLLECTION
12.2 In addition to any penalties imposed through prosecution of an offence
pursuant to this by-law, the Corporation is entitled to use all legal means at
its disposal to collect the fees applicable pursuant to this by-law and to
recover its costs if remedial action is taken. All collection methods lawfully
applicable may be relied upon, including placement of unpaid fees on the
tax collector's roll for the property in question.
SECTION 13 - SCHEDULES TO BY-LAW
13.1 Schedules "A", "B", and "C" are deemed to form part of this by-law.
SECTION 14 - DELEGATION OF AUTHORITY
14.1 That council authorize the Chief Building Official or designate the power to
enter into agreements for conditional Permits and impose conditions or
restrictions on behalf of the Municipality.
14.2 That council authorize the Chief Building Official or designate to enter into
and execute limiting distance agreements under the Building Code that do
not affect lands owned by the Municipality if the agreements do not impose
any obligations on the Municipality.
SECTION 15 - REPEAL
15.1 By-law 26-2022 is hereby repealed in its entirety upon this by-law's final
passing.
SECTION 16 - EFFECTIVE DATE
16.1 This by-law shall come into force and effect upon a third and final reading.
READ A FIRST, SECOND, AND THIRD TIME, PASSED, SIGNED, AND
SEALED IN OPEN COUNCIL THIS 9TH DAY OF MARCH 2026.
MAYOR: CLERK: ______________ _
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
SCHEDULE "A" TO BY-LAW 2026-16
CLASSES OF PERMITS AND PERMIT FEES
CLASS OF PERMIT
FEE
RESIDENTIAL
1
Group "C" - Residential (3
units or less)
$ 250 Base Fee
+ $ 1.20/ft²
+$0.60/ ft² for additional floors
2
Group "C" - Residential (4
units or more)
$ 250 Base Fee
+ $ 1.20/ft²
+$0.60/ ft² for additional floors
3
Group "C" - Residential
Factory-Built Buildings
$ 250 Base Fee
+ $ 0.90/ft²
+$0.45/ ft² for additional floors
4
Group "C" - Residential
Additions
$ 250 Base Fee
+ $ 1.20/ft²
+$0.60/ ft² for additional floors
5
Group "C" - Residential
Renovations
$ 250 Base Fee
+$8.00 per $1,000 of Construction
Value
6
Group "C" - Porches, Decks
$ 250 Base Fee
+ $ 0.60/ft²
7
Group "C" - Garages,
Carports, Accessory Buildings
$ 250 Base Fee
+ $ 0.90/ft²
+$0.60/ ft² for additional floors
8
Group "C" - Tiny House
(37m2 or less in building area
and not more than 1 dwelling
unit)
$ 250 Base Fee
+ $ 2.40/ft²
+$1.20/ ft² for additional floors
9
Group "C" - Tiny House
Constructed Off-site (37m2 or
less in building area and not
more than 1 dwelling unit)
$ 250 Base Fee
+ $ 1.20/ft²
+$0.60/ ft² for additional floors
NON-RESIDENTIAL (OTHER THAN FARM STRUCTURES)
10
Group "A", "B", "D", "E"
$ 250 Base Fee
+ $ 1.20/ft²
+$0.35/ ft² for additional floors
11
Group "A", "B", "D", "E"
Additions or Renovations
$ 250 Base Fee
+ $ 1.20/ft²; or
$ 8.00 per $1,000 of Construction
value
12
Group "F" - Industrial
$ 250 Base Fee
+ $ 1.20/ft²
+$0.35/ ft² for additional floors
13
Group "F" - Industrial
Additions or Renovations
$ 250 Base Fee
+ $ 1.20/ft; or
$ 8.00 per $1,000 of Construction
value
14
Signs - Regulated under the
OBC
$ 300 Flat Fee
15
Tents - Regulated under the
OBC
$ 150 Flat Fee
16
Public Pools and Public Spas
- Regulated under the OBC
$500 Flat Fee
FARM STRUCTURES
17
Group "G" - Agricultural
Occupancies, Livestock
Facilities and Barns
$ 250 Base Fee
+ $ 0.42/ft²
18
Group "G" - Renovations
$250 Base Fee
+ $8.00 per $1,000 of
Construction value
19
Group "G" - Machine Sheds
and Storage Buildings
$ 250 Base Fee
+ $ 0.38/ft²
20
Group "G" - Silos and Grain
Bins (Foundation Only)
$ 250 Base Fee
+ $ 0.32/ft²
21
Group "G" - Greenhouses,
Fabric Covered Buildings
$ 250 Base Fee
+ $ 0.32/ft²
DEMOLITION
22
Demolition Permit -
Residential
$ 150 Flat Fee
23
Demolition Permit - Non-
Residential
$300 Flat Fee
SEWAGE SYSTEMS
24
Class 2, 3 and 4 sewage
systems, less than 10,000
L/day
$925
25
Class 5 Sewage Systems,
Septic Tank Replacement,
Septic Bed Replacement
$600
26
Re-inspections, Additional
Inspections
$200 / visit
27
Minor Repairs (CBO
Discretion)
$200
28
Sewage System Inspection for
Consent
$250
29
Sewage System Permit
Revision
(Design, Material Changes,
etc.)
$150
30
Sewage System File Search
for Compliance Certificate and
Related Drawings
$125 / hour
31
Removal of Non-Compliance
Notice Registered on Title
$250
+ lawyer fees
ADMINISTRATIVE
32
Building Permit where
Construction started without a
Building Permit being issued.
Two times the permit fee
(Permit fee + $ 5,000.00
Maximum)
33
Alternative Solution
Application
$ 125.00/ hour, $ 300 Minimum
Fee per application,
+ any third-party evaluation costs
as may be required.
Subject to Administrative Charges
as per Schedule "A"
34
Conditional Permit Fee
25% surcharge - for each request
/ application
($ 150.00 Minimum - $ 3,000.00
Maximum)
35
Permit Applications pursuant
to OBC Part 10 - Change of
Use
$250 Base Fee
36
Occupancy Permit Surcharge
$ 500 Flat Fee
37
Re-Examination of Plans &
Specs.
(Design, Material Changes,
etc.)
$ 125 / hour
38
Additional Inspection Fee
(Re-inspection)
$ 125 Flat Fee
39
Dormant Application Renewal
$ 150 Flat Fee
40
Dormant Permit Renewal
$ 150 Flat Fee
41
Permit Transfer
$ 100 Flat Fee
42
Agency Letter of Approval
$ 100 Flat Fee
(Includes 1 Inspection)
43
Third Party Costs and/or Peer
At the Cost of the Applicants +
Review
(Engineering Fees, Studies,
Reports, Plans, etc.)
15% Administrative Charge
44
Administrative Charge
+15% as required
45
File Search/ Miscellaneous
Charges
$ 125 / hour
46
Limiting Distance Agreement
$ 200 per agreement,
+ any third party costs as may be
required. Subject to Administrative
Charge as per Schedule "A"
47
Administrative Performance
Deposit
As per Schedule "B"
48
Orders Issued pursuant to
Section 12 or 13 of the
Building Code Act (Order to
Comply / Order not to Cover /
Uncover)
$ 100 Flat Fee / Order
49
Orders Issued pursuant to
Section 14 of the Building
Code Act (Stop Work Order)
$ 300 Flat Fee / Order
50
Orders Issued pursuant to
Section 15.9 of the Building
Code Act (Unsafe Building)
$ 500 Flat Fee / Order
51
Registration of Order on Title
$250
+ lawyer fees
52
Removal of Order Registered
on Title
$250
+ lawyer fees
53
Inspection Pertaining to a
Confirmed Order
$100 / Inspection
54
Township Undertakes to
Complete the Work
Cost of the work performed
+ 15% Administrative Charge
55
Solid Fuel Burning Appliance
$200 Flat Fee
56
Moving Permit
$250 Flat Fee
FEE REDUCTION
57
Where the permit applicant
uses the municipalities online
permit submission platform for
100% of their application.
(CBO Discretion)
5% Reduction in Fees (excluding
base fees, flat fees, and
administrative performance
deposits)
INTERPRETATION NOTES TO SCHEDULE "A"
In addition to referring to the Building Code or the Act, in determining the fees under
this by-law, the Chief Building Official may have regard to the following explanatory
notes as may be needed in the calculation of Permit fees.
1)
Where a fee is not listed in Schedule "A", a fee shall be paid in the amount of
$8.00 for each $1000.00 or part thereof of the construction value prescribed by
the Chief Building Official;
2)
Except for classes of Permits subject to flat rates, fees shall be based on the
appropriate measure of the floor area of the Project;
3)
Floor area of the proposed Work is to be measured to the outer face of exterior
walls and to the centre line of party walls or demising walls;
4)
The Chief Building Official when determining the value of Work shall use a
current industry recognized construction cost index in determining the actual cost
of construction;
5)
In the case of interior alterations or renovations, area of proposed Work is the
Actual space receiving the Work (i.e. tenant space);
6)
Mechanical penthouses and floors, mezzanines, lofts, habitable attic and interior
balconies are to be included in all floor area calculations;
7)
Except for interconnected floor spaces, no deduction is made for openings within
floor areas (i.e. stairs, elevators, escalators, shafts, ducts and similar openings);
8)
Unfinished basements for single family dwelling, semi-detached, duplexes and
rowhouses are not included in the floor area;
9)
Corridors, lobbies, washrooms, lounges, and similar areas are to be included and
classified according to the major classification for the floor area on which they are
located.
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
SCHEDULE "B" TO BY-LAW 2026-16
ADMINISTRATIVE PERFORMANCE DEPOSIT
VALUE OF WORK
REFUNDABLE
RESIDENTIAL (EXCEPT SEWAGE SYSTEMS)
Value less than $ 25,000.00
N/A
Value between $ 25,000.00 and $ 99,999.99
$ 500.00
Value between $ 100,000.00 to $ 299,999.99
$ 2,000.00
Value between $ 300,000.00 to $ 499, 999.99
$ 3,000.00
Value equal to or over $500,000.00
$ 4,000.00
NON-RESIDENTIAL (EXCEPT SEWAGE
SYSTEMS & FARM STRUCTURES)
Value less than $ 50,000.00
N/A
Value between $ 50,000.00 and $ 299,999.99
$2,000.00
Value between $ 300,000.00 and $ 999,999.99
$5,000.00
Value equal to or over $1,000,000.00
$ 8,000.00
INTERPRETATION NOTES TO SCHEDULE "B"
In determining the value of Work under this by-law, the Chief Building Official
may have regard to the following explanatory notes as may be needed in the
calculation of Permit fees:
10)
The value of Work shall be the estimated cost of construction as declared on the
Permit application form, or calculated by the Chief Building Official, whichever is
greater;
11)
The Chief Building Official when determining the value of Work shall use a
current industry recognized construction cost index in determining the actual cost
of construction;
REFUND OF ADMINISTRATIVE PERFORMANCE DEPOSIT
12)
Once a Permit has been closed, the Chief Building Official, shall refund the
remaining Administrative Performance Deposit Fee in whole or in part to the
person indicated on the consent and acknowledgment form. If no person has
been indicated, funds will be refunded to the Owner in accordance with the
following provisions:
a)
One hundred percent (100%) of the Administrative Performance Deposit is
to be refunded if the Work and all required inspections are fully completed within
two (2) years of the date of Permit issuance;
b)
Seventy-five percent (75%) of the Administrative Performance Deposit is
to be refunded if the Work and all required inspections are fully completed
within three (3) years of the date of Permit issuance;
c)
Fifty percent (50%) of the Administrative Performance Deposit is to be
refunded if the Work and all required inspections are fully completed within four
(4) years of the date of Permit issuance;
d)
Twenty-five percent (25%) of the Administrative Performance Deposit is to
be refunded if the Work and all required inspections are completed within five
(5) years of the date of Permit issuance; and
e)
No refund of the Administrative Performance Deposit will be awarded if
the Work and all required inspections are not fully completed within five (5) years
of the date of Permit issuance. This will not relieve the Permit Holder of
obligations under any regulations of any by-law, the Building Code, or the Act.
13)
The refund of the whole or part of the Administrative Performance Deposit shall
not be deemed a waiver of any provisions of any by-law or requirements of the
Building Code, or the Act. Also, the refund shall not be construed as a
certification or guarantee that the Building for which a Permit was issued meets
all the requirements of the Building Code or regulations made thereunder.
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
SCHEDULE "C" TO BY-LAW 2026-16
PLANS AND DOCUMENTS REQUIRED FOR PERMIT APPLICATIONS
1.0
Except as noted in Section 3.0 of this Schedule, every Permit application shall be
accompanied by one copy of the following plans, specifications and/or
documents:
1.1
Residential - Single Detached, Semi-Detached, Duplex, Rowhouse:
a)
Site Plan
b)
Grading and Drainage Plan (if applicable)
c)
Foundation Plan
d)
Floor Plans
e)
Building Elevations
f)
Floor, Wall, and Roof Cross Sections as required (minimum of one
section through each staircase)
g)
Air-Barrier and Vapour-Barrier location details
h)
Floor Framing Plan or Pre-Engineered Floor Truss Layout
i)
Roof Framing Plan or Pre-Engineered Roof Truss Layout
j)
LVL Specifications (if applicable)
k)
Heat Loss Calculations and Duct Layout
l)
Mechanical Ventilation Design Summary
m)
Energy Efficiency Design Summary (SB-12)
n)
Complete Sewage System Permit Application
o)
Entranceway Permit Application (if applicable)
2.0
All Other Uses:
a)
Ontario Building Code Matrix
b)
Commitment to General Review
c)
Site Plan
d)
Grading and Drainage Plan (if applicable)
e)
Foundation Plans
f)
Floor Plans
g)
Roof Plans
h)
Reflected Ceiling Plans
i)
Building Elevations
j)
Cross Sections and Assemblies
k)
Architectural Plans
l)
Structural Plans
m)
Mechanical Plans
n)
Plumbing Plans, including elevation drawings of Plumbing layout
o)
Electrical Plans
p)
Fire Separation Plans
q)
Fire Protection Plans
r)
Door and Window Schedules
s)
Energy Efficiency Design Summary (SB-10)
t)
Required Specifications
3.0
Exceptions:
The Chief Building Official may require additional copies of plans, specifications,
or documents of any, or all the required information specified in this schedule due
to the scope of the Work.