The Permit Dispute Resolution Act

The Permit Dispute Resolution Act, C.C.S.M. c. P32.5 (Assented to May 20, 2021) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Dispute resolution re building standards 3 Not yet proclaimed 4 No dispute resolution hearing on other issues 5 Application 6 Dispute resolution hearing 7 Notice of hearing 8 Independent advice 9 Orders 10 Cost of hearing 11 No council involvement re disputes 12 Order binding 13 Adjudicators 14 Selecting adjudicator 15 Protection from liability 16 Regulations 17 Transitional — no dispute resolution hearings 18 C.C.S.M. reference 19 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1(1) The following definitions apply in this Act. "adjudicator" means a person appointed as an adjudicator under section 13. (« arbitre ») "applicant" means a person who applies for a dispute resolution hearing. (« requérant ») "approving authority" means, (a) in the case of a dispute referred to in section 2, (i) the director appointed under The Buildings Act , (ii) a municipality, or (iii) a planning district established under The Planning Act , and includes a person who is authorized to act on the authority's behalf; or (b) [not yet proclaimed]. (« autorité compétente ») "dispute resolution hearing" means a hearing held under section 6. (« audience de résolution de litige ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») Definitions from Buildings Act 1(2) In this Act, "building construction code" , "building construction standard" , "building permit" and "occupancy permit" have the same meaning as in The Buildings Act . 1(3) [Not yet proclaimed] Dispute resolution re building standards 2(1) A person who applies for or holds a building permit or occupancy permit may apply for a dispute resolution hearing respecting (a) a decision, 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; or (b) an allegation that an approving authority failed to meet a performance standard established under section 14.2 or 14.3 of The Buildings Act . Dispute resolution for orders re building standards 2(2) 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 may apply for a dispute resolution hearing respecting that order, direction or requirement. 3 [Not yet proclaimed] No dispute resolution hearing on other issues 4 A dispute resolution hearing may be held only in respect of a matter set out in section 2 or 3. Application 5(1) An application for a dispute resolution hearing must be made in writing to the minister in accordance with the regulations. Application deadline 5(2) An application for a dispute resolution hearing respecting a decision, order, direction or requirement issued by an approving authority must be made within 60 days after the decision, order, direction or requirement was issued. DISPUTE RESOLUTION HEARINGS Dispute resolution hearing 6(1) The adjudicator selected to resolve a dispute must hold a hearing that gives the applicant and the approving authority an opportunity to present evidence and make submissions respecting the matter in dispute. Deadline to set hearing 6(2) The adjudicator must hold a dispute resolution hearing within a period prescribed by regulation after the application for the hearing was made. Conduct of hearing 6(3) Subject to the regulations, the adjudicator may determine the procedure at a dispute resolution hearing. Hearing may be conducted orally or in writing 6(4) The adjudicator may conduct the dispute resolution hearing orally, or in writing, or partly orally and partly in writing. Use of technology 6(5) The adjudicator may allow a party to be heard by telephone or through the use of a video or audio link or other available electronic means. Representation 6(6) A party at the dispute resolution hearing may be heard in person or be represented by an agent at the hearing. Notice of hearing 7 The adjudicator must give written notice of the dispute resolution hearing to the parties. The notice must specify the manner in which the hearing is to be conducted and any procedural requirements respecting the hearing. Independent advice 8 The adjudicator may seek independent technical advice respecting the matter in dispute, but the nature of the advice must be provided to the parties to allow the parties to make submissions to the adjudicator in relation to that advice. ORDERS Orders 9(1) After a dispute resolution hearing, the adjudicator must issue an order that (a) confirms, varies or sets aside the decision, order, direction or requirement in question; or (b) in the case a dispute respecting compliance with a performance standard, determines whether the applicable performance standard was met. Orders re performance standards 9(2) If the adjudicator determines that the performance standard was not met, the adjudicator may order the approving authority to make a decision respecting the application for the permit or conduct an inspection by a specified date. Written reasons 9(3) The adjudicator must provide the parties with written reasons for the order. Deadline 9(4) The adjudicator must issue their order and written reasons within the period prescribed by regulation after the conclusion of the dispute resolution hearing. Orders and reasons publicly available 9(5) The minister must ensure that all orders and written reasons issued by adjudicators are available to the public. Cost of hearing 10(1) The cost of a dispute resolution hearing is to be determined in accordance with the regulations. Order to address payment of hearing costs 10(2) The adjudicator's order must specify the portion of the cost of the dispute resolution hearing to be paid by each party. Considerations 10(3) The adjudicator has complete discretion to determine the allocation of costs between the parties. The adjudicator may consider the outcome of the dispute, the conduct of each party and any other factors the adjudicator considers relevant. Payment to adjudicator 10(4) A party who is ordered to pay some or all of the costs of a dispute resolution hearing must pay the costs specified in the order no later than 30 days after the order is issued. PROCEDURAL ISSUES RE DISPUTE RESOLUTION No council involvement re disputes 11 Disputes respecting the matters set out in section 2 or 3 must not be the subject of a review or appeal process established by an approving authority in which a member of a municipal council makes a decision on those matters. Order binding 12 The adjudicator's order is binding on the parties and the matter in dispute is not subject to any further appeal or review process of an approving authority. ADJUDICATORS Adjudicators 13(1) The minister must appoint persons as adjudicators to resolve disputes respecting the matters set out in sections 2 and 3. Adjudicators to have relevant expertise 13(2) A person appointed as an adjudicator (a) to resolve disputes under section 2 must have extensive expertise with building construction codes and building construction standards; and (b) [not yet proclaimed]. Term 13(3) An adjudicator must be appointed for a term of not more than three years and continues to hold office until re-appointed or replaced. Termination only for cause 13(4) The appointment of an adjudicator must not be terminated except for cause. Selecting adjudicator 14(1) When an application for a dispute resolution hearing is submitted, the minister must select an adjudicator to resolve the dispute who has relevant expertise with the subject matter of the dispute. Conflict of interest 14(2) An adjudicator may not be selected to resolve a dispute if they are reasonably apprehended to have a bias or an interest in relation to a matter in dispute. MISCELLANEOUS PROVISIONS Protection from liability 15 No action or proceeding may be brought against an adjudicator 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. Regulations 16 The minister may make regulations (a) respecting applications for a dispute resolution hearing, including the information, documents and other things that must be contained in an application; (b) prescribing the time period within which a dispute resolution hearing must be held after an application for a hearing is made; (c) respecting procedures at dispute resolution hearings; (d) prescribing the time period after a dispute resolution hearing within which an adjudicator must issue their order and written reasons; (e) determining the cost of a dispute resolution hearing, which may be based on (i) the type of dispute, (ii) the manner in which a hearing is conducted or the duration of the hearing, or (iii) the amount or scope of work that is the subject of the dispute; (f) prescribing additional qualifications for adjudicators; (g) defining any word or expression used but not defined in this Act; (h) respecting any matter that the minister considers necessary or advisable to carry out the purposes of this Act. TRANSITIONAL PROVISION, C.C.S.M. REFERENCE AND COMING INTO FORCE Transitional — no dispute resolution hearings 17 A dispute resolution hearing must not be held in respect of (a) a decision, order, direction or requirement issued by an approving authority before the coming into force of the relevant provision of section 2 or 3; or (b) an allegation that an approving authority failed to meet a performance standard before the coming into force of the relevant provision of section 2 or 3. S.M. 2024, c. 9, s. 7 . C.C.S.M. reference 18 This Act may be referred to as chapter P32.5 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 19 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2021, c. 37, Schedule A, except subsection 1(1) insofar as it enacts clause (b) of the definition "approving authority", subsection 1(3), section 3 and clause 13(2)⁠(b), came into force by proclamation on March 1, 2024.