The Buildings Act

The Buildings Act, C.C.S.M. c. B93 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application of Act 2.1 Appointment of director 3 Adoption of construction standards 4 Municipal responsibility 5 Designation requiring issuance of permits 6 Building permits 6.1 Request for reconsideration of permit decisions 7 Appointment of inspectors 8 Review of inspector's requirement 9 Director may do work 10 Service 11-13 Repealed 14 Offence and penalty 14.1 Notice on whether application complete 14.2 Deadline for permit application decisions 14.3 Notice of readiness for inspection 14.4 Regulations re performance standards 14.5 Dispute resolution 14.6 Protection from liability 15 Regulations 16 C.C.S.M. reference HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: INTRODUCTORY PROVISIONS Definitions 1 In this Act "approving authority" means (a) the director, (b) a municipality, or (c) a planning district established under The Planning Act , and includes a person who is authorized to act on the authority's behalf; (« autorité compétente ») "building" means (a) a building or structure used or to be used for dwelling, public or commercial purposes, or a combination of all or any of those purposes, or (b) a manufactured building, or (c) a prescribed structure; (« bâtiment ») "building construction code" means a code of building construction standards adopted, established or prescribed under section 3; (« code du bâtiment ») "building construction standard" means a standard adopted, established or prescribed under section 3 for (a) construction materials, or plumbing or electrical materials or installations, or equipment or appliances, or any combination thereof, to be used or installed in any building or part of a building, (a.1) the energy and water efficiency of a building or part of a building, or (b) the method to be used in the construction or demolition of any building or part of a building; (« norme de construction des bâtiments ») "building permit" means a permit that authorizes the construction, erection, placement, alteration, repair, renovation, demolition, relocation or removal of a building, or an addition to a building, or a change in occupancy of a building; (« permis de construction ») "director" means the director appointed under section 2.1; (« directeur ») "farm building" means a building or structure, other than a dwelling, situated on a farm and used or to be used in the actual farming operation; (« bâtiment de ferme ») "inspector" means a person appointed under subsection 7(1); (« inspecteur ») "manufactured building" means a building manufactured entirely or in part at an off-site location; (« bâtiment fabriqué en usine ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "municipality" means any locality, the inhabitants of which are incorporated and continued under the authority of The Municipal Act or some other Act of the Legislature, including any local government district, rural municipality, incorporated city, town, village or suburban municipality, or, where the context so requires, the area of any municipality; (« municipalité ») "occupancy permit" means a permit that authorizes the use or occupancy of a building; (« permis d'occupation ») "prescribed" means prescribed by regulation made under this Act. (Version anglaise seulement) S.M. 2001, c. 43, s. 35 ; S.M. 2008, c. 17, s. 25 ; S.M. 2012, c. 40, s. 52 ; S.M. 2018, c. 8, s. 16 ; S.M. 2021, c. 37, Sch. B, s. 4 . Application of Act 2(1) Subject to subsection (2), this Act applies to the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, occupancy or change in occupancy of any building or addition to a building. Exceptions 2(2) This Act does not apply to (a) a farm building having a building area that is less than the prescribed building area; or (b) any building or class of buildings excluded by the regulations; or (c) any part of the province or any municipality excluded by the regulations; or (d) any of the things set out in subsection (1) the doing of which was commenced or completed before June 14, 1974. Safety hazards 2(3) Notwithstanding clause (2)⁠(d), where in the opinion of an inspector a building or portion of a building, whether the work in respect thereof was commenced or completed before or after June 14, 1974 constitutes a safety hazard, the inspector may require such steps to be taken, in accordance with any applicable building construction code or building construction standard adopted, established or prescribed under section 3, as are necessary in the inspector's opinion to remove the hazard. S.M. 2009, c. 20, s. 2 . Appointment of director 2.1(1) A director whose function is to administer and enforce this Act must be appointed under Part 3 of The Public Service Act . Powers 2.1(2) The director has the powers of an inspector under this Act. Delegation of powers 2.1(3) The director may, in writing, delegate to any person the powers and duties conferred or imposed on the director under this Act, except (a) reconsideration of a decision on a permit application under section 6.1; and (b) review of an inspector's requirement under section 8. S.M. 2021, c. 37, Sch. B, s. 5 and 22. BUILDING STANDARDS Adoption of construction standards 3(1) For the purposes of this Act, the Lieutenant Governor in Council may, by regulation, (a) adopt any established building construction code or building construction standard, in whole or in part, for use in the province or any part of the province or any municipality; (b) prescribe variations in, additions to or deletions from any building construction code or building construction standard adopted under clause (a); (c) establish or prescribe any building construction code or building construction standard for use in the province, or any part of the province, or any municipality. Subsequent changes in adopted standards 3(2) Subject to the regulations, the adoption of an established building construction code or building construction standard under clause (1)⁠(a), whether in whole or in part or if altered under clause (1)⁠(b), is deemed to be an adoption of any prior or subsequent amendment to the code or standard made by the organization or body that established the code or standard. Deemed adoption of new codes and standards 3(2.1) If the organization or body that established a building construction code or building construction standard that was adopted under clause (1)⁠(a) publishes a new edition of the code or standard, the new edition is deemed to have been adopted (a) 24 months after the day it was first published, if it was first published between January 1, 2020, and January 1, 2025; or (b) 18 months after the day it was first published, if it was first published on or after January 1, 2025. The adoption is deemed to be subject to any alterations that may have been made to the previous code or standard under clause (1)⁠(b), with necessary changes. Other construction standards invalidated 3(3) Notwithstanding anything to the contrary in any other Act of the Legislature, no building construction code or building construction standard adopted, established or prescribed for the province or a part of the province or a municipality by or under that Act before or after the coming into force of this Act has any force or effect unless it is the building construction code or building construction standard adopted, established or prescribed for the province or that part of the province or that municipality, as the case may be, under this section. S.M. 2021, c. 37, Sch. B, s. 7 . Municipal responsibility 4 Notwithstanding anything to the contrary in any other Act of the Legislature, each municipality unless excluded under clause 2(2)⁠(c) shall adopt and enforce any building construction code or building construction standard adopted, established or prescribed under section 3 for the province or the municipality or the part of the province in which the municipality is situated, and may make such by-laws as are necessary for those purposes. BUILDING PERMITS AND OCCUPANCY PERMITS Designation requiring issuance of permits 5(1) Notwithstanding section 4, the Lieutenant Governor in Council may make regulations designating classes of work involved in building construction, or classes of buildings within the province or any part of the province or any municipality with respect to which building permits or occupancy permits or both, issued under this Act, are required and the director or any person or agency acting under the director's authority shall issue the required permits and administer the regulations with respect to those buildings, areas, or classes of work. Exception from designation 5(2) The director may, in writing, exempt a municipality from all or any part of a designation made under subsection (1) if satisfied, on application by the municipality, that the municipality meets the exemption criteria prescribed by regulation. Terms and conditions 5(3) The director may issue an exemption with or without terms and conditions and may also impose, rescind or vary a term or condition on an exemption at any time after the exemption has been issued. Exemption may be revoked 5(4) The director may revoke an exemption if the director is satisfied the municipality has ceased to meet the prescribed exemption criteria or has failed to comply with a term or condition of its exemption. 5(5) [Repealed] S.M. 2021, c. 37, Sch. B, s. 9 . Transition 5(6) On the coming into force of this section, a municipality listed in the Schedule to the Classes of Buildings Designation Regulation , Manitoba Regulation 48/2010, as that regulation read immediately before the coming into force of this section, is deemed to have been issued an exemption under subsection (2). S.M. 2018, c. 29, s. 3 ; S.M. 2021, c. 37, Sch. B, s. 9 . Building permits 6(1) For the purposes of section 5, and for the purposes of any building or proposed building that is not within a municipality and is not included in a class of buildings designated under section 5, the director may issue a building permit that authorizes the doing of the things specified in the permit, to any person who submits to the director (a) a completed application for the permit on a form approved by the director; and (b) a set of plans in a form specified by the director, along with such duplicate sets as the director may require, that show that the proposed work or change in occupancy complies with the provisions of this Act and the regulations; and remits the prescribed fee to the director. Occupancy permits 6(2) For the purposes of section 5, and for the purposes of any building or proposed building that is not within a municipality and is not included in a class of buildings designated under section 5, the director may issue an occupancy permit that authorizes the use or occupancy of the building or place described in the occupancy permit, to any person who (a) complies with subsection (1); (b) completes the doing of the things authorized in the permit issued to the person under subsection (1), in a manner that, to the satisfaction of the director, is in accordance with the plans submitted under subsection (1) and any conditions specified in the permit or prescribed in the regulations, but subject to any subsequent requirement of an inspector or order of the director imposed upon or made against the person under this Act; and (c) remits the prescribed fee to the director. Conditional permits 6(3) A building permit or occupancy permit issued under this section may be issued subject to such conditions as may be necessary in the opinion of the director, and those conditions shall be specified in the building permit or occupancy permit, as the case may be. Conditions prescribed by regulation 6(4) The Lieutenant Governor in Council may, by regulation, prescribe conditions to which all or any building permits or occupancy permits issued under this section shall be subject. Unforeseeable conditions 6(5) Every building permit or occupancy permit issued under this section is deemed to be issued subject to any requirement that an inspector may, subsequent to the issuance, deem necessary to meet any condition that was not anticipated in the plans submitted under subsection (1) and that, in the opinion of the inspector, was not foreseeable at the time the building permit or occupancy permit was issued. S.M. 2021, c. 37, Sch. B, s. 10 . Request for reconsideration of permit decisions 6.1(1) A person who disagrees with a decision of the director on an application for a building permit or occupancy permit may request that the director reconsider the decision. Request requirements 6.1(2) A request for reconsideration must be made in writing and must set out the reasons why the director should reconsider the decision. Decision on reconsideration 6.1(3) Following a reconsideration, the director may (a) confirm the original decision; or (b) make any decision that could have been made on the application. Written reasons 6.1(4) The director must give written reasons for the decision. S.M. 2021, c. 37, Sch. B, s. 11 . INSPECTORS AND ADMINISTRATION Appointment of inspectors 7(1) The minister may appoint any person as an inspector for the purpose of this Act. Designation 7(2) The minister may designate a person or class of persons to act as an inspector in relation to any matter referred to in the designation. Powers of inspector 7(3) For the purposes of this Act, an inspector has all the powers of an inspector appointed under The Labour Administration Act . S.M. 2001, c. 43, s. 35 ; S.M. 2021, c. 37, Sch. B, s. 13 . Review of inspector's requirement 8(1) The director may review any requirement imposed on a person by an inspector under this Act, upon receiving a written request from that person. Director's decision on review 8(2) After a review, the director may do one or both of the following: (a) confirm, vary or rescind the inspector's requirement; (b) allow additional time for the person to comply with a requirement imposed by the inspector. S.M. 2021, c. 37, Sch. B, s. 14 . Director may do work 9(1) Where there is a contravention of or failure to observe any provision of this Act, or a regulation, order or requirement made or imposed thereunder, the director may, at the cost of and upon notice to each person responsible for the contravention or failure, after expiry of a period of time stated in the notice, take such steps or cause to be done such work as may in the opinion of the director be necessary to remove the contravention. 9(2) [Repealed] S.M. 2021, c. 37, Sch. B, s. 15 . Owner's liability 9(3) Nothing done or caused to be done by the director under subsection (1) relieves any person served with a notice under that subsection from any penalty provided for the contravention under this Act S.M. 2021, c. 37, Sch. B, s. 15 . Service 10 Service of any notice or document by registered mail addressed to the person being served at their last known address is a sufficient service for all purposes under this Act. 11 [Repealed] S.M. 2015, c. 43, s. 49 ; S.M. 2018, c. 8, s. 16 . 12 and 13 [Repealed] S.M. 2021, c. 37, Sch. B, s. 16 . OFFENCES Offence and penalty 14 Any person who, in contravention of any provision of this Act or a regulation, requirement or order made or imposed thereunder, does or causes to be done or permits the doing of any of the things set out in subsection 2(1), or who contravenes or fails to observe any provision of this Act or a regulation, requirement or order made or imposed thereunder, is guilty of an offence and liable on summary conviction, for each day that the offence continues, to a fine not exceeding $5,000. PERFORMANCE STANDARDS Notice on whether application complete 14.1(1) When an application for a building permit or occupancy permit is submitted, an approving authority must notify the applicant within the time period specified in the regulations and advise whether the application is complete. When application is complete 14.1(2) For the purpose of subsection (1), an application is complete if it contains the documents and other information necessary to make a decision on the application. Notice of deficiencies 14.1(3) If an approving authority determines that an application is incomplete, the notification under subsection (1) must specify the information or other documents that must be provided. S.M. 2021, c. 37, Sch. B, s. 19 . Deadline for permit application decisions 14.2(1) Except in circumstances specified by regulation, an approving authority must make a decision on an application for a building permit or occupancy permit within the time period specified in the regulations after a complete application has been submitted. Written reasons for refusal required 14.2(2) If an application for a building permit or occupancy permit is refused, the approving authority must give the applicant written reasons for the refusal. S.M. 2021, c. 37, Sch. B, s. 19 . Notice of readiness for inspection 14.3(1) If an approving authority requires one or more inspections to be completed at specified stages of construction authorized under a building permit, the holder of the permit must notify the approving authority when the construction is ready for inspection. Deadline for completing inspections 14.3(2) Except in circumstances specified by regulation, when notice under subsection (1) has been provided, the approving authority must conduct an inspection within the time period specified in the regulations. S.M. 2021, c. 37, Sch. B, s. 19 . Regulations re performance standards 14.4(1) The Lieutenant Governor in Council may make regulations for the purpose of sections 14.1 to 14.3 (a) specifying the time period within which an applicant must be notified as to whether an application for a building permit or occupancy permit is complete; (b) specifying the time period within which a decision on an application for a building permit or occupancy permit must be made; (c) specifying the time period within which inspections related to building permits or occupancy permits must be conducted; (d) specifying circumstances when the time periods set out in clauses (a) to (c) are suspended; (e) specifying circumstances in which a decision on an application for a building permit or occupancy permit or an inspection is not required within a prescribed time period. Differing performance standards 14.4(2) A regulation under subsection (1) may establish different time periods within which the matters set out in clauses (a) to (c) are to occur, based on (a) the geographic area where the work is to be performed; (b) the size or complexity of the work to be performed; or (c) other factors that the Lieutenant Governor in Council considers appropriate. S.M. 2021, c. 37, Sch. B, s. 19 . MISCELLANEOUS PROVISIONS Dispute resolution 14.5 The following persons may apply for dispute resolution under The Permit Dispute Resolution Act : (a) a person whose application for a building permit or occupancy permit was refused for reasons relating to the sufficiency of compliance with the technical requirements of a building construction code or building construction standard; (b) a person who is the subject of an order, direction or requirement issued by an approving authority respecting the sufficiency of compliance with the technical requirements of a building construction code or building construction standard; (c) a person who alleges that an approving authority has failed to meet a performance standard established under section 14.2 or 14.3. S.M. 2021, c. 37, Sch. B, s. 19 . Protection from liability 14.6 No action or proceeding may be brought against the director, an inspector or any other person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act. S.M. 2021, c. 37, Sch. B, s. 19 . Regulations 15(1) For the purposes of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith; and every regulation and order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders, (a) [repealed] S.M. 2021, c. 37, Sch. B, s. 20 ; (b) excluding any building or class of buildings or any part of the province or any municipality from the operation of this Act; (b.1) for the purpose of clause 2(2)⁠(a), prescribing the building area of farm buildings; (c) adopting, establishing or prescribing (i) a building construction code, (ii) a building construction standard, or (iii) a variation of a code or standard, which, without limitation, may include a requirement for plans, drawings and related documents in relation to a building to be prepared by a member of a specified professional association; (c.1) prescribing criteria for exempting a municipality under subsection 5(2); (d) prescribing conditions to which a building permit or occupancy permit issued under this Act shall be subject; (e) prescribing the various fees payable under this Act and the amounts thereof; (f) [repealed] S.M. 2021, c. 37, Sch. B, s. 20 ; (g) requiring a person who sells, leases or offers for sale or lease, any manufactured building to obtain a permit for the purpose issued by the director; (h) defining any word or expression used but not defined in this Act; (i) prescribing anything referred to in this Act as being prescribed; (j) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. 15(2) [Repealed] S.M. 2021, c. 37, Sch. B, s. 20 . S.M. 2005, c. 48, s. 17 ; S.M. 2009, c. 20, s. 3 ; S.M. 2018, c. 29, s. 3 ; S.M. 2021, c. 37, Sch. B, s. 20 . C.C.S.M. reference 16 This Act may be referred to as chapter B93 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 2021, c. 37, Sch. B, s. 21 .