This document was updated on July 31, 2026.
Why did the Municipality intervene?
The property owner’s engineer submitted a report to the Municipality on October 4, 2023. A special meeting of Council was held October 6, 2023. At that meeting, Council heard from the Municipality’s Chief Building Official (CBO) that the owner’s engineer raised significant safety concerns and is of the opinion that winter weather will cause additional negative impacts to the building.
After receiving this report, the Municipality engaged its own structural engineering experts to review the owner’s engineering report, undertake an inspection of the building and provide the Municipality with a second engineering report. The Municipality received this engineering report on Thursday, November 23, and the Municipality’s structural engineering experts have confirmed the safety concerns for both the public and the tenants of two units within the building.
The report also concluded that action needs to be taken because winter weather will cause further damage to the building.
A road closure was put in place November 24, 2023 to allow for temporary stabilization work related to the belltower. It was reopened to alternating two-way traffic on February 13, 2024 and fully reopened on February 11, 2025.
In June 2025, the final report from the Municipality’s engineer was received confirming sufficient work had been completed to address unsafe conditions related to public safety. At that time, the CBO amended the unsafe order and order prohibiting occupancy to apply only to the inside areas of the building on the Union Street end. The works done by the Municipality were only the minimum required to make the building safe, not to repair it to allow occupancy of the two residential units.
The engineer’s report also identified other areas of the building that are below accepted maintenance standards. The CBO issued a property standards order to the owner to address these items.
All costs associated with these works were invoiced back to the property owner and liens have been registered to recover these costs.
PLEASE NOTE: The Municipality of Mississippi Mills does not and has never owned the 38 Main Street East property.
What is the status of the unsafe orders?
To date, the property owner has not complied with these orders. The CBO continues to monitor the property and will determine the next steps in the enforcement process in the near future.
The building is listed for sale. What will happen once the building is sold?
The Municipality has taken steps to protect its ability to recover the costs of the stabilization and repair work. Liens have been registered against the property, which means the Municipality has a legal right to recover these costs from the proceeds of any sale.
These liens remain attached to the property regardless of who owns it, so the Municipality’s ability to recover costs is not affected if the property is sold.
What does the Building Code say about unsafe buildings?
Section 15.9 of the Ontario Building Code Act provides specific provisions and rules to follow for a Chief Building Official when dealing with an unsafe building.
How is a building deemed unsafe?
The Building Code says that Building Inspectors can enter buildings to undertake inspections to determine if a building is unsafe and provides a specific direction of what an unsafe building is.
Specifically, the Building Code Act states:
Inspection of unsafe buildings
15.9(1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine,
(a) whether the building is unsafe; or
(b) whether an order made under subsection (4) has been complied with. 2002, c.9, s.26.
Interpretation
15.9 (2) A building is unsafe if the building is,
(a) structurally inadequate or faulty for the purpose for which it is used; or
(b) in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented. 2002, c.9, s.26.
For 38 Main Street East, the Municipality received an engineering report on Thursday, November 23, 2023 and in this report the Municipality’s structural engineering experts confirmed the safety concerns for both the public and the tenants of the building. The report also concluded that action needs to be taken because winter weather will cause further damage to the building.
If a building is considered unsafe, what does the Chief Building Official do?
The Chief Building Official is responsible for ensuring that the Building Code and Ontario Building Code Act is followed in the Municipality and if a building or portion of a building is considered unsafe, the Chief Building Official can issue orders to require the building to be repaired within a certain timeframe. These orders need to be served to the registered owner(s)of the building and anyone that the Chief Building Official deems to be affected by the order. The orders can also be posted on-site depending on the type of order that is issued.
Specifically, the Building Code Act states:
Order
15.9 (4) An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order. 2002, c. 9, s. 26.
Service and posting
15.9 (5) The order under subsection (4) shall be served on the registered owner and each person apparently in possession of the building and such other persons affected by the order as the chief building official determines and a copy of the order may be posted on the site of the building in a location visible to the public. 2017, c. 34, Sched. 2, s. 12 (1).
Isn’t the building a heritage building? How is that being considered?
The property is designated under Part V of the Ontario Heritage Act as part of the Downtown Heritage Conservation District. The Municipality’s Heritage Advisory Committee remains updated on the situation. Similar to Council, the Committee cannot direct or influence the Chief Building Official when dealing with an unsafe building.
