Ontario. v. 2200 Sherobee Incorporated

Ontario. v. 2200 Sherobee Incorporated

Section 12(1)(l) of the Fire Protection and Prevention Act authorized the Minister to adopt, by reference, parts of the 1990 Building Code in the Fire Code; therefore the revocation of the standalone 1990 Building Code did not preclude its adoption by reference and the charge under s.9.6.5.5(1) of O. Reg. 388/97 was properly laid, entitling the appellant to have the appeal allowed and the matter remitted for trial.

Citation
C36400
Parties
Appellant/prosecutor: Her Majesty the Queen (The City of Mississauga); Respondent/defendant: 2200 Sherobee Road Incorporated
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 November 2001
Procedural Posture
Regulatory Offence Appeal / Court of Appeal Decision (appeal Allowed; Remitted to Trial Court)
Outcome
Appeal allowed; judgments below set aside; proceeding remitted to the trial court for trial.
Legal Topics
Adoption by Reference, Revocation of Regulations, Statutory Interpretation, Fire Code Vs Building Code, Validity of Regulatory Charges
Source Language
English
Administrative Law Regulatory/statutory Law Criminal/regulatory Prosecution Municipal Law Building and Fire Safety Law Adoption by Reference Revocation of Regulations Statutory Interpretation +2 more

Case Brief

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Parties

Her Majesty the Queen (The City of Mississauga)

Appellant/prosecutor

2200 Sherobee Road Incorporated

Respondent/defendant

Procedural Posture

Regulatory Offence Appeal / Court of Appeal Decision (appeal Allowed; Remitted to Trial Court)

Legal Issues

  1. 1 Whether revocation of the 1990 Building Code precluded reliance on its provisions in the Fire Code
  2. 2 Whether s.12(1)(l) of the Fire Protection and Prevention Act authorized adoption by reference of the 1990 Building Code provisions
  3. 3 Whether the charge under the Fire Code was properly laid

Ratio Decidendi

Section 12(1)(l) of the Fire Protection and Prevention Act authorized the Minister to adopt, by reference, parts of the 1990 Building Code in the Fire Code; therefore the revocation of the standalone 1990 Building Code did not preclude its adoption by reference and the charge under s.9.6.5.5(1) of O. Reg. 388/97 was properly laid, entitling the appellant to have the appeal allowed and the matter remitted for trial.

Court Disposition

Appeal allowed; judgments below set aside; proceeding remitted to the trial court for trial.

Orders

  • Appeal allowed
  • Judgments below set aside