The Residential Construction Council of Ontario (RESCON) has initiated legal action against the City of Toronto, Canada, challenging the city’s Toronto Green Standard performance measures.
The application, filed in the Ontario Superior Court of Justice, seeks a mandatory order that would align with the Building Code Act, preventing the city from enforcing additional building regulations on planning applications.
RESCON contends that while the city holds authority under the Planning Act for land-use matters, it oversteps by regulating construction methods and standards, which are already covered by the Ontario Building Code (OBC).
The updated National Construction Codes and the revised OBC are set to take effect on 1 January 2025.
The council stresses that Ontario homebuilders are leading in sustainability and are actively contributing to climate change solutions.
According to RESCON, municipalities lack the technical expertise to develop building standards, a role better suited for federal and provincial governments. The organisation argues that the city's actions result in redundant efforts, slow down approval processes, and ultimately increase costs for consumers.
RESCON, representing the province's residential builders, provides guidance and promotes innovation within the domestic construction industry.
The council's membership includes builders of high-rise, mid-rise, and low-rise residential buildings, who are responsible for the majority of new housing projects in Ontario.
RESCON president Richard Lyall said: “The city is overstepping the scope of its planning authority by mandating technical building measures already covered in the OBC which have been progressively updated and grounded in research, building science, thorough consultation as well as cost-benefit analysis.
“Individual municipalities do not have the authority to develop their own building regulations. The province moved away from this practice in 1975 when the OBC was established to unify the design and construction of buildings provincewide.”
Recently, the provincial government took steps to address the region's housing supply issue with the introduction of the Cutting Red Tape to Build More Homes Act, 2024.
This legislation aims to streamline processes and reduce bureaucratic hurdles, facilitating faster construction of homes.
