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Canadian Construction Codes: The new Federal-Provincial-Territorial Governance Model

After following the former code development process since 1991, Canada has adopted a new, improved model.

GUARD ON COMPLIANCE || By Misty Guard

CODES || By Julius Ballanco, P.E., CPD, FASPE

GUARD ON COMPLIANCE ||
By Misty Guard

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April 2023. I don't know where the days and weeks have gone, but here we are again, PM Engineer readers. This time we'll discuss the important changes to the code development process in Canada!

Canada currently has a robust set of building and safety codes, known as the National Codes, similar to the United States’ building and safety codes. These codes significantly impact public safety, health, accessibility and environmental protection. Every Canadian province, territory and even some municipal governments adopt differing jurisdiction-specific versions of the National Codes, then called Construction Codes. As you might imagine, excessive deviations exist between the Construction Codes among the provinces and territories. There is no fast or easy way to achieve Canadian market access, plain and simple.

Before I get to some important industry information from which you may benefit, I ask that you join me in participating in Canadian code development activities. Canadian code development processes benefit from the participation of manufacturers, engineers, designers, installers, retailers and you — every voice and opinion matters. Construction Codes keep people safe and are a path to market access. A public comment period closes on April 27. The current public review covers topics in the National Building Code of Canada and the National Plumbing Code of Canada. Examples of topics are:

  • Structural design — lateral loads;
  • Large farm buildings;
  • Building fire safety;
  • Fire protection;
  • Combustible construction;
  • Fire alarm and detection systems;
  • Encapsulated mass timber construction;
  • Spatial separation between buildings;
  • Accessibility;
  • Environmental separation;
  • Spray-applied Polyurethane insulation; and
  • Drainage systems

Here, now, is some historical context along with the changes to the code development process to keep you informed.

Historical Canadian code development process

Canadian Construction Codes were developed through a two-step process. First, the National Codes, similar to the U.S. "base model codes," established the minimum requirements and were administered by the Canadian Commission on Building and Fire Codes (CCBFC). The National Codes are:

  • National Building Code of Canada;
  • National Plumbing Code of Canada;
  • National Fire Code of Canada; and
  • National Energy Code for Buildings.

CCBFC was an independent committee overseeing the work of standing committees, task groups and working groups. The members of the committees established the content of the National Codes. Next, the provinces, territories and some municipal governments used the National Codes to guide the development of jurisdiction-specific versions of the National Codes, called Construction Codes, for adoption through legislation. Generally, the impact of this process was that you — manufacturers, engineers, designers, installers and retailers — needed to be knowledgeable in all the jurisdiction-specific Construction Codes for market access, design and sales of products.

Canada has followed this code development process since 1991. The time has come for it to be improved. The new code development process for Canada's building and safety codes includes the following changes.

Every Canadian province, territory and even some municipal governments adopt differing jurisdiction-specific versions of the National Codes, then called Construction Codes. As you might imagine, excessive deviations exist between the Construction Codes among the provinces and territories. There is no fast or easy way to achieve Canadian market access, plain and simple.

The new Federal-Provincial-Territorial (FPT) Governance Model

The model contains four distinct changes:

  1. Oversight of the code development process by the new Canadian Table for Harmonized Construction Codes Policy;
  2. Code development management by the new Canadian Board for Harmonized Construction Codes (CBHCC);
  3. New Technical Committees for the development of code proposals; and
  4. New Advisory Council for Harmonized Construction Codes to provide advice to the CBHCC.

Canadian Table for Harmonized Construction Codes Policy
Comprised of federal, provincial, and territorial representatives, the Canadian Table for Harmonized Construction Codes Policy sets the strategic direction for developing the National Codes. They will drive and oversee improving the Canadian code development efforts toward reducing and eliminating jurisdictional deviations from the National Codes.

Canadian Board for Harmonized Construction Codes (CBHCC) Replaces CCBFC
The new CBHCC is responsible for the National Code development process and disbands the CCBFC. CBHCC is the ultimate decision-making body on future changes to the National Codes. The code changes will be developed through collaboration with new Technical Committees, the new Advisory Council for Harmonized Construction Codes, and the public code development community. The CBHCC is developing a new code development process and will launch a new website with the details in the near future.

Technical Committees Replace Standing Committees
The new Technical Committees, including sub-committees and working groups, will develop proposed code changes. For now, the existing standing committees, task groups and working groups will continue developing proposed code changes. These groups will be disbanded when the new Technical Committees are fully operational.

New Advisory Council for Harmonized Construction Codes
The new Advisory Council for Harmonized Construction Codes comprises stakeholders from industry, regulatory organizations, and other organizations with the knowledge and expertise to advise the CBHCC. Perhaps there will be future energy efficiency and water conservation code change proposals.

How to Learn More About the New FPT Governance Model Process

  1. Subscribe to National Research Council Canada Updates. Subscribe to updates here.
  2. Monitor Key Websites for Process Updates. Here are the pages I'm watching for the latest developments on upcoming changes: Code Development Process, Codes Canada publications and Attend a Meeting.

While I recommend that you personally monitor changes in Canada's code development process, you may alternatively request updates through your trade association. Remember also to track Canada's standards development process. Or, you can simplify your life and call me at Regulosity!

Mykyta Dolmatov/iStock/Getty Images Plus via Getty Images.

Misty Guard, MSPP, is president of Regulosity in Milwaukee, Wisconsin. She assists international and domestic companies to obtain and maintain market access for products worldwide. She creates solutions that support businesses to achieve compliance with laws, regulations, codes, standards and public policies. Follow her on Twitter and LinkedIn. She can be reached by email at info@regulosity.com.