Building Codes Act

t BUILDING CODES ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to November 29, 2024. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Building Codes Act Table of Contents BUILDING CODES ACT Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 2. Application ............................................................................................................................................... 6 3. Conflict .................................................................................................................................................... 6 4. Administration and enforcement .............................................................................................................. 6 5. Public information.................................................................................................................................... 7 PRINCE EDWARD ISLAND BUILDING STANDARDS COUNCIL 7 6. Council continued .................................................................................................................................... 7 7. Duties and functions of Council ............................................................................................................... 8 BUILDING OFFICIALS 8 8. Appointment of Chief Building Official .................................................................................................. 8 9. Repealed by 2022,c.55,s.10...................................................................................................................... 9 PERMITS 9 10. Application for permit .............................................................................................................................. 9 11. Prohibition.............................................................................................................................................. 10 INSPECTIONS 10 12. Inspection ............................................................................................................................................... 10 13. Right of entry ......................................................................................................................................... 11 14. Notice to inspect .................................................................................................................................... 11 ORDERS 12 15. Order of building official ....................................................................................................................... 12 16. Dangerous premises ............................................................................................................................... 13 17. Requirement to comply .......................................................................................................................... 13 18. Content of order ..................................................................................................................................... 14 19. Report required for demolition work ..................................................................................................... 14 20. Tenants of building affected by order .................................................................................................... 15 ENFORCEMENT OF ORDERS 15 21. Enforcement of orders ............................................................................................................................ 15 22. Enforcement of emergency order ........................................................................................................... 15 23. Proceedings to prohibit continuation or repetition of contravention ...................................................... 16 REVIEW AND APPEALS 16 24. Request for review of decision or order ................................................................................................. 16 25. Appeal to Appeal Board ......................................................................................................................... 17 MUNICIPAL BYLAWS 18 26. Authority of municipal council .............................................................................................................. 18 OFFENCES AND PENALTIES 19 27. Offence and penalty ............................................................................................................................... 19 c t Current to: November 29, 2024 Page 3 Table of Contents Building Codes Act 28. Limitation period .................................................................................................................................... 19 29. Compliance not required without service ............................................................................................... 19 30. Evidentiary status of order ...................................................................................................................... 20 31. Immunity ................................................................................................................................................ 20 32. General regulations ................................................................................................................................. 21 TRANSITIONAL PROVISIONS 22 33. Authorization continues .......................................................................................................................... 22 CONSEQUENTIAL AMENDMENTS 23 34. not proc ................................................................................................................................................... 23 35. Planning Act ........................................................................................................................................... 23 REPEAL AND COMMENCEMENT 24 36. Repeal ..................................................................................................................................................... 24 Page 4 Current to: November 29, 2024 t c Building Codes Act Section 1 c BUILDING CODES ACT CHAPTER B-5.1 1. Definitions In this Act, (a) “Appeal Board” means the Appeal Board whose members are designated or appointed under section 25; (b) “architect” means a person authorized to practice architecture pursuant to the Architects Act R.S.P.E.I. 1988, Cap. A-18.1; (c) “authority having jurisdiction” means the Minister or a council of a municipality other than a municipality for which an agreement under subsection 4(3) is in effect, as the context requires; (d) “building” means a building as prescribed in the regulations; (e) repealed by 2022,c.55,s.1(c); (f) “building official” means a person appointed as a building official under subsection 8(2) or (3) and includes the Chief Building Official appointed under subsection 8(1); (g) “code” means a specified building code adopted in regulations made under subsection 32(1) and includes any changes or modifications made to the specified building code by the regulations; (h) “construction” means anything done for the purposes of erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere; (i) “constructor” means a person who contracts with an owner to undertake or direct a project on behalf of the owner, and includes an owner who contracts with more than one person for the work on a project or personally undertakes or directs the work on a project or part of a project; (j) “Council” means the Prince Edward Island Building Standards Council continued under section 6; (k) “court” means the Supreme Court of Prince Edward Island; (l) “dangerous premises” means a building or other premises that meets the criteria set out in subsection 16(1); (m) “demolition” means anything done for the purposes of the removal of a building or any material part of a building; (n) “Fire Marshal” means the Fire Marshal appointed under the Fire Prevention Act R.S.P.E.I. 1988, Cap. F-11; (o) “former Act” means the Provincial Building Code Act R.S.P.E.I. 1988, Cap. P-24; (p) “Minister” means the Minister of Housing, Land and Communities; c t Current to: November 29, 2024 Page 5 Section 2 Building Codes Act (q) “occupant” means a tenant, lessee or other person in possession or occupancy of a building or premises; (r) “owner” means a person who holds title to real property and includes (i) any person who has entered into an agreement to purchase the real property, and (ii) an executor, administrator, trustee, agent or other person managing the real property on behalf of the owner; (s) “permit” means a valid and subsisting permit issued under this Act or the regulations in respect of construction or demolition or the occupancy or use of a building; (t) “professional” means a professional engineer or architect and includes a person or group of persons prescribed in the regulations; (u) “professional engineer” means a member or licensee of the Association of Professional Engineers of Prince Edward Island. 2017,c.61,s.1; 2019,c.1,s.3; 2022,c.55,s.1; 2023,c.20,s.2. 2. Application Subject to subsection (2), this Act and the regulations apply to (a) the design, construction, erection, placement, use and occupancy of new buildings; (b) the alteration, demolition, removal and relocation and changes to the use and occupancy of existing buildings; and (c) the work necessary to correct unsafe conditions in existing buildings. Exemption This Act and the regulations or a specified provision of either of them do not apply to any building or class of buildings prescribed in the regulations. 2017,c.61,s.2. 3. Conflict Where a conflict or inconsistency exists between a provision of this Act or the regulations and another enactment, the provision of this Act or the regulations prevails to the extent of the conflict or inconsistency. 2017,c.61,s.3. 4. Administration and enforcement Subject to subsection (2), the Minister is responsible for the administration and enforcement of this Act and may, in writing, (a) designate persons to act on the Minister’s behalf; and (b) delegate to any person any of the functions of the Minister under this Act. Administration and enforcement in municipality Subject to subsection (3), a council of a municipality shall be responsible for the administration and enforcement of this Act in the municipality. Agreement respecting enforcement A council of a municipality and the Minister may enter into an agreement providing for the administration and enforcement of this Act in the municipality by the Minister and, in that case, the Minister shall be responsible for the administration and enforcement of this Act in the municipality. Page 6 Current to: November 29, 2024 t c Building Codes Act Section 5 Forms The Minister may establish forms, other than those forms, if any, set out in the regulations or in a code adopted in the regulations, for the purposes of this Act. 2017,c.61,s.4. 5. Public information Subject to the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F.-15.01, information respecting matters under this Act in the control of the Department under the administration of the Minister is accessible to the public. Subsections (2) to (4) not proc. Prince Edward Island Building Standards Council 6. Council continued The Prince Edward Island Building Standards Council is hereby continued. Membership The Council consists of the following members appointed by the Lieutenant Governor in Council: (a) a representative of the Association of Professional Engineers of the Province of Prince Edward Island; (b) a representative of the Construction Association of Prince Edward Island; (c) a representative of the Architects Association of Prince Edward Island; (d) a representative of the Federation of Prince Edward Island Municipalities; (e) a representative of ResourceAbilities; (f) a representative of the Prince Edward Island chapter of the Canadian Home Builders’ Association; (g) not more than one additional member. Designation of chairperson, vice-chairperson The Lieutenant Governor in Council may designate one of the members of the Council named in clauses (2)(a) to (f) as chairperson and another as vice-chairperson of the Council. Term of appointment Subject to subsection (5), the term of a member appointed to the Council under subsection (2) is three years. Continuation of term The term of a member of the Council who was appointed prior to the coming into force of this section that has not expired on the coming into force of this section continues in accordance with the terms of that appointment until it expires or is terminated under this Act. Reappointment Subject to subsection (7), a member of the Council may be reappointed. c t Current to: November 29, 2024 Page 7 Section 7 Building Codes Act Ineligibility A person who has served two consecutive terms as a member of the Council is not, during the twelve months following the completion of the person’s second term, eligible for reappointment to the Council. Advisor A representative from each of the Department of Housing, Land and Communities and the Department of Transportation and Infrastructure shall act in an advisory capacity to the Council. Remuneration The Lieutenant Governor in Council may prescribe the remuneration to be paid to those members of the Council who are not employees of Government. 2017,c.61,s.6; 2021,c.8,s.3; 2022,c.55,s.2; 2023,c.20,s.2. 7. Duties and functions of Council The Council shall (a) advise the Minister on matters concerning this Act and the regulations; (b) provide a liaison between the Minister and other persons or bodies interested in construction standards, as directed by the Minister; and (c) perform any duties or functions relating to building and construction standards assigned to it by the Minister. Annual report On or before February 1 in each year the Council shall make, prepare and present a report to the Minister setting out the activities of the Council during the preceding calendar year. 2017,c.61,s.7. Building Officials 8. Appointment of Chief Building Official The Minister may appoint a Chief Building Official who, for the purpose of carrying out the provisions of this Act and the regulations, shall perform the duties and may exercise the powers of a building official set out in this Act and the regulations. Appointment of building officials The Minister may appoint persons who are qualified in accordance with the regulations as building officials. Building officials for municipal council A council of a municipality, other than a municipality in respect of which an agreement under subsection 4(3) is in force, shall appoint one or more persons who are qualified in accordance with the regulations as building officials for the purposes of administering this Act and the regulations in the municipality. Qualifications A building official shall possess the qualifications related to education and experience specified in the regulations. Page 8 Current to: November 29, 2024 t c Building Codes Act Section 9 Limitation A building official shall inspect only those classes or types of buildings or construction which he or she is qualified or authorized, in accordance with the regulations, to inspect. Identification Each building official (a) shall be issued identification by the authority by which he or she was appointed; (b) shall carry his or her identification at all times when engaged in any duty or function under this Act or the regulations; and (c) shall produce his or her identification to any person upon request. 2017,c.61,s.8. 9. Repealed by 2022,c.55,s.10. Permits 10. Application for permit An owner, or a constructor on behalf of an owner, may apply for a permit by submitting the prescribed information on the form established by the Minister to the Chief Building Official or, in respect of a building or real property located in a municipality referred to in subsection 8(3), to the appropriate building official for the municipality. Fee An application submitted under subsection (1) shall be accompanied by the prescribed fee. Review of application The building official to whom an application is submitted under subsection (1) shall review the application and shall issue a permit for the proposed construction, demolition or other work if the building official is satisfied that (a) based on the information provided with the application, the proposed construction, demolition or other work will comply with this Act and the regulations; (b) the accompanying documents, if any, required for the application contain the prescribed information; (c) the application is otherwise complete; and (d) the prescribed fee has been paid. Revocation of permit A building official may revoke a permit issued under this Act (a) if it was issued based on mistaken, false or incorrect information; (b) if, within 2 years after the date of its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the building official, been substantially commenced; (c) if the construction or demolition in respect of which the permit was issued has been, in the opinion of the building official, substantially suspended or discontinued for a period of more than 12 months; (d) if it was issued in error; or (e) if the holder of the permit requests in writing that it be revoked. c t Current to: November 29, 2024 Page 9 Section 11 Building Codes Act Posting of permit The owner or a person acting on behalf of the owner shall post a permit or a copy of the permit in a prominent place on the property or premises in respect of which the permit was issued. 2017,c.61,s.10. 11. Prohibition No person shall (a) commence construction or order the construction of a building; (b) demolish or order the demolition of a building; or (c) change the use of a building, unless (d) a permit for the work has been issued by a building official; and (e) the proposed work conforms to (i) the requirements of this Act and the regulations, and (ii) the terms and conditions of the permit. 2017,c.61,s.11. Inspections 12. Inspection For the purpose of ensuring compliance with this Act and the regulations, a permit or an order, a building official may, at any reasonable time, (a) enter and inspect any building in an area in which the building official has authority to conduct inspections; (b) require documents or objects relevant to the inspection to be produced for inspection or for the purpose of obtaining copies or extracts of them; (c) conduct tests, make inquiries and take samples, measurements, photographs, or video recordings as the building official considers necessary; and (d) perform any other duties relating to inspections prescribed by the regulations. Accompanying person A building official may be accompanied by any person who has special or expert knowledge of any matter for the purpose of assisting the building official to carry out an inspection. Removal of documents For the purposes of conducting an inspection, a building official may remove documents respecting the building or real property and may make copies or extracts from them or any part of them. Receipt A building official shall provide a receipt for any documents removed under subsection (3) to the person who provided the documents. Return of documents A document removed under subsection (3) shall be returned within 14 business days from the time when the documents were removed. Page 10 Current to: November 29, 2024 t c Building Codes Act Section 13 Copy admissible in evidence A copy or extract of any document removed for the purposes of inspection and certified by a building official is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original, without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract. 2017,c.61,s.12. 13. Right of entry Every owner or occupant shall allow a building official to enter any building, premises or work site at any reasonable time for the purposes of administering and enforcing this Act and the regulations. Prohibition No person shall impede, obstruct or interfere with, or attempt to impede, obstruct or interfere with, a building official who is carrying out or attempting to carry out an inspection under section 11. Refusal of consent A refusal of consent to enter a room or place that is used as a dwelling is not and shall not be construed to be impeding, obstructing or interfering with a building official for the purposes of subsection (2). Not a representation, etc. An inspection by a building official is not and shall not be construed to be a representation, guarantee, warranty or confirmation by the authority having jurisdiction of the quality or standard of construction of the building or that the building has been constructed in accordance with this Act and the regulations. 2017,c.61,s.13. 14. Notice to inspect An owner, or a constructor on behalf of the owner, shall notify a building official in accordance with the regulations or a bylaw referred to in subsection (2) that construction work is ready for inspection at each stage of construction prescribed in the regulations. Additional inspections Where a bylaw of a municipality, other than a municipality for which an agreement under subsection 4(3) is in effect, provides for additional inspections at specified stages of construction and requires notice to be provided to the municipality at those specified stages of construction, an owner or constructor referred to in subsection (1) shall also comply with the requirements of the bylaw. Timing of inspection On receipt of the notice referred to in subsection (1) or (2), a building official shall carry out the required inspection within the period of time prescribed in the regulations or the bylaw, as the case may be. 2017,c.61,s.14. c t Current to: November 29, 2024 Page 11 Section 15 Building Codes Act Orders 15. Order of building official Where a building official is of the opinion that any provision of this Act or the regulations is being contravened, the building official may issue to the owner or constructor of the building an order in writing requiring compliance with the contravened provision. Expiry An order issued under subsection (1) shall specify that it shall be carried out immediately or before the expiry of a specified period. Effect of order Where an order issued under subsection (1) specifies (a) that it be carried out immediately, all work on the building or the part of it specified in the order, other than the work necessary to carry out the order, shall stop until the order is complied with to the satisfaction of a building official; and (b) the period within which it is to be carried out, and it is not carried out within that period, all work on the project or the part of it specified in the order, other than the work necessary to carry out the order, shall stop until the order is complied with to the satisfaction of a building official. Order not to cover construction work A building official may issue an order to an owner or a constructor prohibiting the covering or enclosing of construction work pending an inspection. Order to uncover construction work A building official may, for the purposes of inspection, issue an order to the owner or constructor that construction work be uncovered if (a) the construction work was covered or enclosed contrary to an order issued under subsection (4); (b) a notice to inspect under section 14 was not received; (c) a notice to inspect under section 14 was received, but the owner or constructor ordered or allowed the construction work to be covered or enclosed before the prescribed period of time had elapsed; (d) the construction work was carried out without a valid building permit issued under this Act; or (e) the building official has reasonable grounds to believe that the construction work does not comply with this Act and the regulations. Compliance order Where construction or demolition has been undertaken in contravention of this Act or the regulations, a building official may issue a compliance order to the owner or constructor requiring (a) the cessation of the construction or demolition; (b) the alteration of the construction or demolition so as to remove or remedy the contravention; or (c) the doing of anything to make the building or real property safe. Page 12 Current to: November 29, 2024 t c Building Codes Act Section 16 Requirements A compliance order issued under subsection (6) shall specify the work required and state the time within which the owner or constructor is required to comply with the order. Prohibition Subject to the regulations, no person shall (a) allow the initial occupancy of a building or part of it; or (b) change the occupancy of a building or part of it, unless a building official has issued a statement that the building or part of it, as the case may be, is ready for occupancy. 2017,c.61,s.15; 2022,c.55,s.4. 16. Dangerous premises A building or real property constitutes a dangerous premises if the building or real property (a) poses an actual or potential risk of fire; (b) poses an actual or potential danger to the safety of persons or the safety of property; (c) has undergone unapproved building modifications; or (d) is structurally unsound. Order respecting dangerous premises Where a building official is satisfied that a building or real property constitutes a dangerous premises, the building official may issue an order to the owner to have the building repaired or demolished, or take any other action that the building official considers necessary in order to terminate the danger. Idem Where a building official is satisfied that the condition of a building or real property referred to in subsection (1) poses a significant danger that requires immediate action, the building official may issue an order requiring that the work necessary to terminate the danger be carried out immediately. Order not subject to review or appeal An order issued pursuant to subsection (3) is not subject to review by the Chief Building Official under section 24 and may not be appealed under section 25. More stringent bylaw A council of a municipality, other than a municipality in respect of which an agreement under subsection 4(3) is in force, may pass a bylaw that establishes more stringent standards respecting dangerous premises in the municipality than those set out in subsection (1). 2017,c.61,s.16. 17. Requirement to comply A person to whom an order under section 15 or 16 is issued shall comply with the order. Service of order An order issued by a building official shall be served on the owner and on any other person named in the order. 2017,c.61,s.17. c t Current to: November 29, 2024 Page 13 Section 18 Building Codes Act 18. Content of order An order of a building official shall (a) be in writing; (b) be signed by the building official; (c) state the location of the building or real property or part of the building or real property in respect of which the order is issued; (d) state the action required to be taken and the reasons for it; (e) state the time period within which the action shall be completed; and (f) if the order is one which may be reviewed under section 24, state the period during which the order may be reviewed and the process for requesting a review. Effect of order While an order issued by a building official under this Act is in effect, no person shall perform any construction or demolition on the building or real property or the part of the building or real property in respect of which the order was issued except (a) the work that is necessary to carry out the requirements of the order; and (b) work that is related to or associated with the work referred to in clause (a) and that is also required to make the building or real property safe. Costs of carrying out order The costs of carrying out the work specified in an order of a building official under this Act are the responsibility of the owner of the building or real property in respect of which the order was issued. 2017,c.61,s.18. 19. Report required for demolition work An authority having jurisdiction may request a report from an architect, an engineer, a building official or the Fire Marshal for the purposes of evaluating the condition of a building that is suspected of being dangerous or structurally unsound. Idem Except in the case of an emergency, or where an order has been issued under subsection 16(3), a person acting on behalf of an authority having jurisdiction shall not proceed with demolition work unless the authority has received a report referred to in subsection (1) from an architect, an engineer, a building official or the Fire Marshal confirming that the building is dangerous or structurally unsound and that demolition is required. Standing of report Where the report referred to in subsection (2) confirms that the building is dangerous or structurally unsound, it is, in the absence of evidence to the contrary, proof that the building is dangerous or structurally unsound and that demolition is required. Costs Any costs associated with the provision of the report referred to in subsection (2) are the responsibility of the owner of the building that is the subject of the report. 2017,c.61,s.19. Page 14 Current to: November 29, 2024 t c Building Codes Act Section 20 20. Tenants of building affected by order Every tenant or occupant of a building or part of a building in respect of which an order has been made by a building official or the court shall, at all reasonable times, permit the owner and the employees of the owner to enter and re-enter the tenant’s or occupier’s area of the building for the purpose of carrying out the actions specified in the order. 2017,c.61,s.20. Enforcement of Orders 21. Enforcement of orders Where a person contravenes or fails to comply with an order issued under section 15 or subsection 16(2), the authority having jurisdiction whose building official issued the order may, at the expense of the owner, carry out the actions specified in the order. Cost is a debt The cost of carrying out the actions specified in the order of a building official under section 15 or subsection 16(2) is a debt due to the authority having jurisdiction. Order for costs After taking remedial action under subsection (1) the authority having jurisdiction may issue an order for the costs of the remedial action against the person to whom the original order of the building official was given. Filed order has effect as judgment An order for cost of remediation under subsection (3) may be filed with the Registrar of the Court of Appeal and the Supreme Court at any time 30 days after it is issued and, when so filed, the order is of the same force and effect as if it were a judgment. Prohibition Notwithstanding any other Act, no person shall refuse entry to, obstruct or interfere with a building official or a person acting on behalf of the authority having jurisdiction who enters or attempts to enter the building or real property to which the order relates for the purposes of this section. 2017,c.61,s.21; 2022,c.55,s.5. 22. Enforcement of emergency order Before or after an order under subsection 16(3) is served, the authority having jurisdiction may, at the expense of the owner, carry out the actions specified in the order to terminate the danger giving rise to the emergency. Cost is a debt The cost of carrying out the actions specified in an order under subsection 16(3) is a debt due to the authority having jurisdiction. Order for costs After taking remedial action under subsection (1) the authority having jurisdiction may issue an order for the cost of the remedial action against the person to whom the original order of the building official was given. c t Current to: November 29, 2024 Page 15 Section 23 Building Codes Act Filed order has effect as judgment An order for cost of remediation under subsection (3) may be filed with the Registrar of the Court of Appeal and the Supreme Court at any time 30 days after it is issued and, when so filed, the order is of the same force and effect as if it were a judgment. Prohibition Notwithstanding any other Act, no person shall refuse entry to, obstruct or interfere with a building official or a person acting on behalf of the authority having jurisdiction who enters or attempts to enter the building or real property to which the order relates for the purposes of this section. Service following specified actions If the order under subsection 16(3) was not served before the specified actions were taken to terminate the danger, the building official who issued the order shall serve a copy of the order as soon as possible after the actions have been taken, together with a statement by the building official describing the actions taken by the authority having jurisdiction and the details of the amounts expended in taking those actions. Service of statement If the order under subsection 16(3) was served before the specified actions were taken to terminate the danger, the building official who issued the order shall serve, as soon as possible after the specified actions have been taken, a copy of the statement referred to in subsection (6), in the same manner as the order was served. 2017,c.61,s.22. 23. Proceedings to prohibit continuation or repetition of contravention Despite any other remedy or penalty imposed under this Act, if an order made by a building official, a decision of the Appeal Board or any provision of this Act or the regulations is contravened, an authority having jurisdiction may, on notice to the owner of the building or real property to which the order, decision or contravention relates, apply to the court (a) for an order prohibiting the continuation or repetition of the contravention; (b) for an order directing the removal or destruction of any building or part of a building in respect of which the contravention continues, and stating that on failure to comply with the order the authority may, at the expense of the owner, remove or destroy the building or part of the building; and (c) for any other order required to enforce the order, decision or provision in respect of which the application was made and as to costs and the recovery of the expense of the removal or destruction as the court considers fit. Enforcement of order The court may grant an order under subsection (1) and the order may be enforced in the same manner as any other order or judgment of the court. 2017,c.61,s.23. Review and Appeals 24. Request for review of decision or order A person who is aggrieved by a decision of a building official under section 10 or an order issued by a building official under section 15 or subsection 16(2) may request a review of the decision or order by the Chief Building Official by submitting a request for review in the Page 16 Current to: November 29, 2024 t c Building Codes Act Section 25 form approved by the Minister to the Chief Building Official within 10 days after receipt of the decision or order. Review by Chief Building Official On receipt of a request for review under subsection (1), the Chief Building Official shall (a) review the decision or order of the building official; (b) make recommendations with respect to the decision or order of the building official; and (c) provide the recommendations referred to in clause (b), including the reasons for them, to the building official and the person who requested the review. Response by building official The building official whose decision or order is the subject of a review under this section shall, within a reasonable time after receipt of the recommendations of the Chief Building Official, confirm or vary the decision or order and give notice of the confirmation or variation to the person who requested the review. Appeal of decision or order Where the decision or order referred to in subsection (1) was issued or made by the Chief Building Official, a person aggrieved by the order or decision may appeal the order or decision to the Appeal Board in accordance with section 25. 2017,c.61,s.24; 2022,c.55,s.6. 25. Appeal to Appeal Board A person may appeal a decision or order of a building official that was confirmed or varied under subsection 24(3), or a decision or order referred to in subsection 24(4), by serving a notice of appeal in the form approved by the Minister within 30 days of receipt of the decision or order on the chairperson of the Council. Members of Appeal Board The Appeal Board is constituted as follows: (a) from the Council, (i) the representative of the Association of Professional Engineers of the Province of Prince Edward Island, (ii) the representative of the Construction Association of Prince Edward Island, (iii) the representative of the Architects Association of Prince Edward Island; and (b) one person appointed by the Minister. Idem The members of the Appeal Board (a) shall designate a chairperson from among their number; (b) may determine the rules for their proceedings; and (c) are not bound by strict rules of evidence or the provisions of the Evidence Act R.S.P.E.I. 1988, Cap. E-11. Notice of appeal On receipt of a notice of appeal, the chairperson of the Council shall forward the notice to the chairperson of the Appeal Board for consideration. c t Current to: November 29, 2024 Page 17 Section 26 Building Codes Act Consideration by Appeal Board The Appeal Board shall consider the matter and, within 30 days, (a) may by order confirm, revoke or vary the order or decision appealed from; and (b) shall provide notice of its decision and the reasons for it to the person who filed the appeal and to the building official. Appeal not a stay An appeal filed under subsection (1) does not operate as a stay of an order of a building official except as the chairperson of the Appeal Board or the chair person of the Council directs. Decision final The decision of the Appeal Board under subsection (5) is final and binding and shall not be appealed. 2017,c.61,s.25. Municipal Bylaws 26. Authority of municipal council A council of a municipality, other than a municipality for which an agreement under subsection 4(3) is in effect, may, respecting the matters set out in subsection (3), make bylaws that are (a) not inconsistent with this Act and the regulations; and (b) where the bylaws impose a standard that varies from a standard set out in this Act or the regulations, not less stringent than the standard set out in the Act or the regulations. Enforcement in municipality A council of a municipality, other than a municipality for which an agreement under subsection 4(3) is in effect, may by bylaw declare a part or a provision of a code adopted under this Act in force in the municipality, notwithstanding that the part or provision is not in force in an area of the province where the Minister is the authority having jurisdiction. Bylaw-making powers A council of a municipality, other than a municipality for which an agreement under subsection 4(3) is in effect, may, by bylaw, (a) prescribe the stages of construction for which an inspection is required for different classes of buildings in addition to those set out in the regulations; (b) prescribe standards for construction and demolition work in the municipality (i) that relate to matters not provided for in a code adopted under this Act, or (ii) that are more stringent than the technical requirements set out in the code; (c) prescribe fees for services provided in accordance with this Act and the regulations; (d) prescribe the responsibilities and obligations of the municipality with respect to construction or demolition work in addition to the responsibilities and obligations set out in this Act; and (e) prescribe the responsibilities and obligations of owners, constructors, subcontractors and professionals to the municipality with respect to construction or demolition work in the municipality addition to the responsibilities and obligations set out in this Act. 2017,c.61,s.26. Page 18 Current to: November 29, 2024 t c Building Codes Act Section 27 Offences and Penalties 27. Offence and penalty An individual who contravenes a provision of this Act or the regulations is guilty of an offence punishable on summary conviction and is liable (a) to a fine of not less than $500 and not more than $10,000; or (b) to a term of imprisonment of not more than 12 months, or to both a fine and imprisonment. Continuing offence Where an offence by an individual continues after a conviction under subsection (1), each day or part of a day on which the offence continues constitutes a separate offence for which the minimum fine is $500 multiplied by the number of days during which the offence continues. Corporate penalty A corporation that contravenes a provision of this Act or the regulations is guilty of an offence punishable on summary conviction and is liable to a fine of not less than $1,000 and not more than $50,000. Continuing offence Where an offence by a corporation continues after a conviction under subsection (3), each day or part of a day on which the offence continues constitutes a separate offence for which the minimum fine is $1,000 multiplied by the number of days during which the offence continues. Fines payable to enforcing municipality Any fines resulting from an offence under this Act which took place within the boundaries of a municipality, other than a municipality in respect of which an agreement under subsection 4(3) is in effect, shall accrue to that municipality. 2017,c.61,s.27. 28. Limitation period Subject to subsection (2), a prosecution for an offence under this Act or the regulations shall be commenced within two years after (a) the date on which the offence is alleged to have been committed; or (b) the date on which the authority having jurisdiction becomes aware of the alleged offence, whichever is later. Extension of time When a request for review is made under section 24, the time period referred to in subsection (1) shall be extended by the elapsed time between (a) the date of the request for review; and (b) the date of the review, or, if an appeal is made to the Appeal Board, the date of the final disposition of the appeal. 2017,c.61,s.28. 29. Compliance not required without service No person to whom an order is directed pursuant to this Act or the regulations is required to comply with the order until the order has been served on the person. c t Current to: November 29, 2024 Page 19 Section 30 Building Codes Act Service of orders Any order issued pursuant to this Act or the regulations is deemed to be sufficiently served (a) when a copy is personally served on the person to whom it is directed; (b) if a copy is sent by facsimile or by other electronic means to the person to whom it is directed, when an acknowledgement of receipt is received; (c) five days after a copy is sent by mail addressed to the person to whom it is directed at the last known address for that person; (d) in the case of a registered owner of real property, five days after a copy is sent by mail to the address for the registered owner shown on the last revised assessment roll; or (e) where the address of the person to whom it is directed is unknown, by posting the order in a conspicuous place on the property. Service on corporation Where the person to be served is a corporation, service on a director, officer or recognized agent of the corporation in accordance with subsection (2) is deemed to be service on the corporation for the purposes of this Act. Order is proof of its legality Any order issued pursuant to this Act or the regulations shall be proof in the absence of evidence to the contrary in proceedings in any court not only that the order was legally made, but also that every administrative prerequisite necessary to enable the making of the order was done and satisfied, and no further proof than the mere production of the original order or a copy of it certified by the authority having jurisdiction is necessary. 2017,c.61,s.29; 2022,c.55,s.7. 30. Evidentiary status of order An order that has been served in accordance with section 29 and purports to be signed by a building official shall be (a) received in evidence by any court of competent jurisdiction or the Appeal Board without proof of the signature; (b) proof in the absence of evidence to the contrary of the facts stated in the order or demand; and (c) in a prosecution for a contravention of this Act or the regulations, proof in the absence of evidence to the contrary that the person named as owner in the order or demand is the owner. 2017,c.61,s.30. 31. Immunity No action lies for damages or otherwise against any of the following persons or entities in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Act or the regulations by the person or entity: (a) the Government; (b) the Minister; (c) a building official; (d) repealed by 2022,c.55,s.8; Page 20 Current to: November 29, 2024 t c Building Codes Act Section 32 (e) the Chief Building Official; (f) a member or former member of a council of a municipality; (f.1) a municipality; (g) a member or former member of the Council or the Appeal Board; (h) any person who is acting under or has acted under the authority of this Act or the former Act or the instructions of a person or entity referred to in this section. 2017,c.61,s.31; 2022,c.55,s.8; 2024,c.62,s.1. 32. General regulations The Lieutenant Governor in Council may make regulations that establish or adopt by reference one or more building codes governing minimum standards for the design, construction and demolition of buildings and, without limiting the generality of the foregoing, may make regulations that (a) declare a specified edition of the National Building Code of Canada or the National Energy Code of Canada for Buildings to be in force, in whole or in part, as amended from time to time and with any amendments, revocations, modifications or exemptions specified in the regulations; (b) require compliance with a code established or adopted by the regulations; (c) provide for the manner in which applications for the issuance of a permit may be made and the content of the applications; (d) prohibit or restrict any occupation or use of any land or building; (e) prescribe fees, or a formula or method for the determination of fees, for the issuance of a permit and for inspections; (f) provide for the circumstances in which the fee paid for a permit may be refunded; (g) prescribe standards for construction, reconstruction and demolition that relate to matters not provided for in , or that are more stringent than, a code adopted pursuant to clause (a);

(h) establish systems of classification with respect to the occupancy or use of a building or part of a building, and provide for an application process for permits to change the classification of a building or part of a building with respect to occupancy or use; (i) prescribe the responsibilities and obligations of owners, constructors, subcontractors and professionals with respect to construction, reconstruction or demolition work in addition to the responsibilities and obligations set out in this Act. Application of regulations A regulation made under subsection (1) may provide that it applies to the entire province or to any part of it, including any municipality. Regulations The Lieutenant Governor in Council may make regulations (a) prescribing professions for the purposes of clause 1(t); (b) respecting the information and documents to be made accessible to the public by means of the registry established under section 5; (c) prescribing additional duties of building officials; (d) prescribing the required qualifications for building officials and the different qualifications necessary to inspect different classes of buildings; c t Current to: November 29, 2024 Page 21 Section 33 Building Codes Act (e) requiring building officials who are not employees of Government to hold professional liability insurance of a prescribed type and amount; (f) repealed by 2022,c.55,s.9; (g) repealed by 2022,c.55,s.9; (h) prescribing fees, or a formula or method by which fees may be calculated, for services provided under this Act; (i) specifying the content of the notice, the manner in which the notice shall be given and the period within which the inspection shall be carried out after receipt of a notice to inspect for the purposes of section 14; (j) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both; (k) respecting any matter that the Lieutenant Governor in Council considers necessary for the administration of this Act. 2017,c.61,s.32; 2022,c.55,s.9. Transitional Provisions 33. Authorization continues An authorization issued by a council of a municipality to a person that is substantially equivalent to an appointment under subsection 8(3) of this Act and that is valid and in force on the coming into force of this Act continues in force for a period of 5 years from the date this Act comes into force, unless sooner cancelled or revoked by the municipality that issued it. Idem Subject to subsection (3), a person referred to in subsection (1) shall, within the five-year period specified in that subsection, acquire the qualifications related to education and experience specified in the regulations in order to qualify as a building official under this Act. Exception Notwithstanding the requirements of section 8 and the regulations, a person referred to in subsection (1) is not required to comply with subsection (2) if the person, on the coming into force of this Act, (a) has been employed to inspect pursuant to and enforce Part 9 of the National Building Code of Canada for at least 6 years out of the past 8 years; or (b) has been employed to inspect pursuant to and enforce Part 3 of the National Building Code of Canada and the National Energy Code of Canada for Buildings for at least 8 years out of the past 10 years. Applicable code For the purposes of subsection (3), references to the National Building Code and the National Energy Code of Canada for Buildings include any previous edition of either of those codes, as applicable, that was in force during the person’s employment. 2017,c.61,s.33. Page 22 Current to: November 29, 2024 t c Building Codes Act Section 34 Consequential Amendments 34. not proc 35. Planning Act (1) The Planning Act R.S.P.E.I. 1988, Cap. P-8, is amended by this section. (2) Section 1 of Act is amended by the addition of the following after clause (e): (e.1) “development permit” means a permit issued for a development under the regulations or pursuant to a bylaw but does not include a building permit issued under the Building Codes Act; (3) Section 8 of the Act is amended (a) by the repeal of subclause (1)(f)(i); (b) in clause (1)(g), (i) by the deletion of the word “permits” wherever it occurs and the substitution of the words “development permits”, and (ii) in subclause (g)(ii), by the addition of the words “or may expire” after the words “and revoked”; (c) by the repeal of subclause (1)(k)(ii) and the substitution of the following: (ii) requiring development permits for them; (d) in clause (1)(n), (i) in subclause (i), by the deletion of the words “, maintenance, design and construction”, and (ii) in subclause (iii), by the deletion of the words “permits for summer cottage construction” and the substitution of the words “development permits for summer cottage development”; and (e) in clause (1)(o), by the deletion of the words “a subdivision approval, development permit or building permit” and the substitution of the words “a subdivision approval or development permit”. (4) Subclause 28(1.1)(a)(i) of the Act is repealed and the following substituted: (i) a development permit, (i.1) an occupancy permit, in relation to a matter under this Act or the regulations, c t Current to: November 29, 2024 Page 23 Section 36 Building Codes Act Repeal and Commencement 36. Repeal The Provincial Building Code Act R.S.P.E.I. 1988, Cap. P 24, is repealed. Page 24 Current to: November 29, 2024 t c