Bill 75 - New Brunswick Building Code Act

BILL 75

New Brunswick Building Code Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

DEFINITIONS AND INTERPRETATION

Definitions

1 The following definitions apply in this Act.

“Appeal Board” means the Building Code Appeal Board established under section 43. (Commission d’appel)

“building” means a building as defined in the Code. (bâtiment)

“building inspector” means a person appointed under one of the following provisions: (inspecteur des constructions)

(a) subparagraph 7(4)(a)(ii) of the Community Planning Act;

(b) subparagraph 7(4)(a)(iii) of the Community Planning Act to supply a building inspection service in an unincorporated area; or

“Code” means the National Building Code adopted by reference in the regulations. (Code)

“commission” means a district planning commission established under section 6 of the Community Planning Act. (commission)

“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere. (construire)

“court” means The Court of Queen’s Bench of New Brunswick, and includes any judge of that court. (cour)

“demolish” means to do anything in the removal of a building or any material part of a building. (démolir)

“emergency” includes a situation in which there is imminent danger to public safety or of serious harm to a building. (situation d’urgence)

“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“Municipal Chief Building Inspector” means a Municipal Chief Building Inspector appointed by a municipal council under subsection 74(3) of the Municipalities Act. (inspecteur en chef municipal des constructions)

“municipal council” means a council as defined in the Municipalities Act. (conseil d’une municipalité)

“municipality” means a municipality as defined in the Municipalities Act. (municipalité)

“owner” means a person who holds title to real property and includes any person who has entered into an agreement to purchase the real property. (propriétaire)

“professional” means an engineer, architect or geoscientist authorized to practise in the Province and includes any person authorized to practise in the Province a profession prescribed by regulation. (professionel)

“Provincial Chief Building Inspector” means the Provincial Chief Building Inspector appointed under section 15 and includes any person designated by the Provincial Chief Building Inspector to act on his or her behalf. (inspecteur en chef provincial des constructions)

“rural community” means a rural community as defined in the Municipalities Act. (communauté rurale)

“Rural Community Chief Building Inspector” means a Rural Community Chief Building Inspector appointed by a rural community council under subsection 190.077(3) of the Municipalities Act. (inspecteur en chef des constructions de la communauté rurale)

“rural community council” means a rural community council as defined in the Municipalities Act. (conseil d’une communauté rurale)

“unincorporated area” means an unincorporated area as defined in the Community Planning Act. (secteur non constitué en municipalté ou en communauté rurale)

Application

2(1) Subject to subsection (2), this Act applies to the design, construction and demolition of buildings in the Province.

2(2) This Act or the regulations under this Act, or a provision of this Act or the regulations do not apply to any building or class of building exempted by the regulations from the application of this Act or the regulations under this Act, or a provision of this Act or the regulations.

Act binds Crown

3 This Act binds the Crown.

Prohibition

4(1) No person shall construct a building in the Province unless

(a) a building permit has been issued, and

(b) the construction work conforms

(i) with the Code,

(ii) with the standards prescribed by a building by-law or regulation, and

(iii) with the terms and conditions of the building permit.

4(2) No person shall demolish a building in the Province unless

(a) a demolition permit has been issued, if a demolition permit is required, and

(b) the demolition work conforms

(i) with the Code,

(ii) with the standards prescribed by a building by-law or regulation, and

(iii) with the terms and conditions of the demolition permit, if a demolition permit has been issued.

Conflict

5 If a conflict exists between a provision of this Act or any regulation made under this Act, and a provision under another Act or any regulation under that Act or a by-law enacted by a municipal council or rural community council, the provision under this Act or the regulation made under this Act prevails.

BUILDING BY-LAWS

Building by-law

6(1) A municipal council or rural community council shall, by building by-law,

(a) prescribe a system of permits for construction work,

(b) prescribe the terms and conditions for the issuance of a permit,

(d) prescribe the grounds on which a building inspector may refuse to issue a permit,

(e) prescribe the grounds on which a building inspector may suspend, revoke or reinstate a permit,

(f) provide for the form and manner in which applications for the issuance of a permit may be made and the content of the applications,

(g) prescribe the fees for the issuance of a permit, and

(h) provide for the circumstances in which the fees paid for a permit may be refunded.

6(2) A municipal council or rural community council may, by building by-law,

(a) exempt the municipality or rural community from conducting inspections for the purposes of ensuring compliance with the parts of the Code that are prescribed by regulation,

(b) prescribe surcharges for the issuance of a building permit when the municipality or rural community chooses to pay the amount under subsection 9(2),

(c) 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,

(d) provide for the notice that shall be given for an additional inspection set out in the building by-law, the content of the notice, the form and manner in which the notice shall be given and the period within which the inspection shall be carried out after receipt of the notice,

(e) provide for inspections of demolition work,

(f) provide for the issuance of demolition permits,

(g) prescribe the terms and conditions for the issuance of a demolition permit,

(h) prescribe the terms and conditions of a demolition permit,

(i) prescribe the grounds on which a building inspector may refuse to issue a demolition permit,

(j) prescribe the grounds on which a building inspector may suspend, revoke or reinstate a demolition permit,

(k) provide for the form and manner in which applications for the issuance of a demolition permit may be made and the content of the applications,

(l) prescribe the fees for the issuance of a demolition permit,

(m) provide for the circumstances in which the fees paid for a demolition permit may be refunded,

(n) prescribe the deposit for the issuance of a demolition permit,

(o) provide for the circumstances in which a deposit is or is not payable for the issuance of a building permit and the amount of the deposit,

(p) prescribe standards for construction and demolition work

(i) that relate to matters not provided for in the Code, or

(ii) that are more stringent than the technical requirements set out in the Code,

(q) prescribe the duties of building inspectors in addition to those duties set out in this Act and the regulations,

(r) prescribe the services for which a building inspector may charge fees, the amount of the fees and the persons to whom the fees may be charged,

(s) prescribe the duties and powers of the Municipal Chief Building Inspector or Rural Community Chief Building Inspector in addition to the duties and powers set out in this Act,

(t) prescribe the responsibilities and obligations of the municipality or rural community with respect to construction or demolition work in addition to the responsibilities and obligations set out in the regulations, or

(u) prescribe the responsibilities and obligations of owners, contractors, subcontractors and professionals with respect to construction or demolition work in addition to the responsibilities and obligations set out in the regulations.

Enactment procedure for building by-law

7 Section 12 of the Municipalities Act, with the exception of subsection 12(1.1), applies to the enactment of a building by-law.

Proof of building by-law

8(1) Despite the Evidence Act, proof of a building by-law may be given in proceedings in any court of competent jurisdiction or before the Appeal Board by an affidavit of the clerk of a municipality or the rural community clerk, as the case may be, that states

(a) that he or she has compared the copy of the by-law attached to the affidavit with the original by-law and confirms that it is a true copy of the by-law,

(b) that the requirements of the Municipalities Act with respect to the enactment of the by-law have been satisfied, and

8(2) An affidavit purporting to be signed by the clerk of a municipality or the rural community clerk is, without proof of the clerk’s appointment, authority or signature, admissible in evidence and is, in the absence of evidence to the contrary, proof of the facts stated in the affidavit.

PERMITS

Application for building permit

9(1) A building inspector shall issue a building permit if the following conditions are fulfilled:

(a) the owner or a person acting on behalf of the owner makes an application in accordance with a building by-law or the regulations;

(b) the development officer has approved the construction work under subsection 81(1) of the Community Planning Act;

(d) the owner or a person acting on behalf of the owner pays the surcharge prescribed by regulation or, if a building by-law prescribes a surcharge, the surcharge prescribed by building by-law; and

(e) the owner or a person acting on behalf of the owner pays the deposit, if any, prescribed by a building by-law or regulation.

9(2) A municipality that has a Municipal Chief Building Inspector or a rural community that has a Rural Community Chief Building Inspector may, on an annual basis, pay the amount prescribed by regulation to the Minister of Finance and, if the municipality or rural community chooses to pay the amount, the residents of that municipality or rural community shall be exempt from the requirement to pay the surcharge prescribed by regulation for the issuance of a building permit but, if the building by-law prescribes a surcharge, the residents shall pay the surcharge prescribed by the building by-law.

Building permit required for change of use of building

10 Even though no construction work is proposed, no person shall change the use of a building or part of a building with respect to the occupancy classifications of the Code or permit the use to be changed unless a building permit has been issued.

Posting of building permit

11 The owner or a person acting on behalf of the owner shall post the building permit or a copy of the building permit in a prominent place on the premises in respect of which the building permit was issued.

Application for demolition permit

12 A building inspector shall issue a demolition permit if the owner or a person acting on behalf of the owner

(a) makes an application in accordance with a building by-law or the regulations,

(b) pays the fees prescribed by a building by-law or regulation, and

CHIEF BUILDING INSPECTORS

Municipal Chief Building Inspector

13(1) If a municipality has 3 or more building inspectors, the municipal council may appoint one of the building inspectors as the Municipal Chief Building Inspector who shall, for the purpose of carrying out the provisions of this Act and the regulations, perform the duties and powers set out in the building by-law of that municipality and this Act.

13(2) The Municipal Chief Building Inspector has all the duties and powers of a building inspector as set out in the building by-law, this Act and the regulations.

Rural Community Chief Building Inspector

14(1) If a rural community has 3 or more building inspectors, the rural community council may appoint one of the building inspectors as the Rural Community Chief Building Inspector who shall, for the purpose of carrying out the provisions of this Act and the regulations, perform the duties and powers set out in the building by-law of that rural community and this Act.

14(2) The Rural Community Chief Building Inspector has all the duties and powers of a building inspector as set out in the building by-law, this Act and the regulations.

Provincial Chief Building Inspector

15(1) The Minister may appoint a Provincial Chief Building Inspector who shall, for the purpose of carrying out the provisions of this Act and the regulations, perform the duties and powers set out in this Act and the regulations.

15(2) The Provincial Chief Building Inspector has all the duties and powers of a building inspector as set out in this Act and the regulations and may designate one or more persons to act on his or her behalf.

15(3) The Provincial Chief Building Inspector may charge the fees prescribed by regulation to the persons prescribed by regulation for the services prescribed by regulation.

INSPECTIONS

Building inspectors

16(1) A building inspector shall possess the qualifications set out in the regulations and may only inspect the class of building for which he or she is qualified to inspect.

16(2) A building inspector may charge the fees prescribed by a building by-law or regulation to the persons prescribed by a building by-law or regulation for the services prescribed by a building by-law or regulation.

Notice of readiness for inspection

17(1) The owner or a person acting on behalf of the owner shall, in accordance with a building by-law or the regulations, as the case may be, notify the building inspector that the construction work is ready for inspection at each stage of construction prescribed by the building by-law or regulation.

17(2) After receipt of the notice, the building inspector shall carry out the inspection within the period of time prescribed by a building by-law or regulation, as the case may be.

Duty to produce certificate of appointment on request

18(1) A municipality, rural community or commission shall issue an identification card to every building inspector appointed by the municipal council, rural community council or commission. A building inspector shall, in the execution of his or her duties or powers under a building by-law, this Act or the regulations, produce the identification card on request.

18(2) A municipality or rural community shall issue an identification card to the Municipal Chief Building Inspector or Rural Community Chief Building Inspector appointed by the municipal council or rural community council. The Municipal Chief Building Inspector or Rural Community Chief Building Inspector shall, in the execution of his or her duties or powers under a building by-law or this Act, produce the identification card on request.

18(3) The Minister shall issue an identification card to the Provincial Chief Building Inspector who shall, in the execution of his or her duties or powers under this Act or the regulations, produce the identification card on request.

Inspections

19(1) For the purpose of ensuring compliance with a building by-law, this Act or the regulations, a building inspector may, at any reasonable time,

(a) enter any building or real property in the area for which he or she has the responsibility of conducting inspections,

(b) require to be produced for inspection or for the purpose of obtaining copies or extracts, any documents or objects relevant to the inspection,

(d) conduct tests, make inquiries and take samples, measurements, photographs or video recordings that the building inspector considers necessary,

(e) require any person to take and supply at his or her expense such tests and samples as the building inspector considers necessary, and

(f) perform any other duty or power prescribed by a building by-law or regulation.

19(2) A building inspector may request the assistance of a peace officer for the purposes of this section.

Removal of documents

20(1) For the purposes of section 19, a building inspector may remove documents from the building or real property and may make a copy or extract of them or any part of them and shall give a receipt for the documents so removed to the person who provided the building inspector with the documents.

20(2) When documents are removed from the building or real property, they shall be returned as soon as possible after the making of the copies or extracts.

20(3) A copy or extract of any document related to an inspection and purporting to be certified by a building inspector 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.

Demand

21 If a building inspector is refused admission to any building or real property referred to in paragraph 19(a), the building inspector may serve on the owner a demand stating that he or she be permitted to enter.

Entry warrant

22 Before or after attempting to effect entry under paragraph 19(a), a building inspector may apply for an entry warrant under the Entry Warrants Act.

Entry of private dwelling

23 Despite paragraph 19(a), a building inspector shall not enter an occupied part of a private dwelling except in the following circumstances:

(a) the building inspector has the consent of the occupier;

(b) the building inspector has obtained an entry warrant under the Entry Warrants Act; or

Obstruction

24(1) No person shall obstruct or interfere with a building inspector who is carrying out or attempting to carry out an inspection under section 19.

24(2) A refusal of consent to enter an occupied part of a private dwelling is not and shall not be deemed to be interfering with or obstructing a building inspector, except where an entry warrant has been obtained or the building inspector has reasonable and probable grounds to believe that the building poses an emergency.

ORDERS

Order not to cover construction work

25 A building inspector may make an order prohibiting the covering or enclosing of construction work pending an inspection.

Order to uncover construction work

26 The building inspector may, for the purposes of an inspection, order that the construction work be uncovered if

(a) the construction work was covered or enclosed contrary to an order made under section 25,

(b) a notice under section 17 was not received,

(c) in cases where a notice required under section 17 is received, the period of time that is prescribed by a building by-law or regulation did not elapse before the work was covered or enclosed,

(d) the work has been carried out without a building permit being issued, or

(e) the building inspector has reasonable grounds to believe that the construction work has not been constructed in compliance with a building by-law, this Act or the regulations.

Other orders re construction work

27 If construction or demolition work is undertaken in contravention of a building by-law, this Act or the regulations, a building inspector may order

(a) cessation of the construction or demolition work,

(b) alteration of the construction or demolition work so as to remove the contravention, or

Order re dangerous premises

28 If a building inspector is satisfied that a building is a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the building inspector may order the building be repaired or demolished in order to terminate the danger or that any other action the building inspector considers necessary be carried out.

Emergency order

29(1) If a building inspector is satisfied that the building poses an emergency, the building inspector may order that work be carried out immediately to terminate the danger giving rise to the emergency.

29(2) An order under this section is not subject to review under section 40 or 41.

Service of order

30 An order made by a building inspector shall be served on the owner and, if a person applied for the building permit or demolition permit on behalf of the owner, on that person.

Content of order

31 An order shall

(a) be in writing,

(b) be signed by the building inspector,

(d) state that the action specified in the order is to be taken within the period stated in the order,

(e) state the location of the building or real property or the part of the building or real property in respect of which the order is made, and

(f) if the order may be reviewed under section 40 or 41, indicate the period during which the order may be reviewed.

Effect of order

32 When a building inspector makes an order, no person shall perform any construction or demolition work on the building or real property or the part of the building or real property in respect of which the order was made other than work that is necessary to carry out the order or make the premises safe.

Expense of carrying out order

33 When a building inspector makes an order that requires construction or demolition work be carried out, the owner is responsible for paying the expenses of carrying out the construction or demolition work.

ENFORCEMENT

Tenants of building affected by order

34 Every tenant of a building in respect of which an order is made by a building inspector or by the court shall, at all reasonable times, permit the owner and the employees of the owner to enter and re-enter the part of the building of which he or she is a tenant for the purpose of carrying out the specified action.

Enforcement of orders by a municipality, rural community or commission

35(1) If a person violates or fails to comply with an order under sections 25, 26, 27 or 28, the municipality, rural community or commission may, at the expense of the owner, carry out the specified actions in the order.

35(2) The cost of carrying out the specified actions in the order is a debt due to the municipality, rural community or commission and may be recovered in an action in the court.

35(3) No person shall refuse entry to or obstruct or interfere with a building inspector or a person acting on behalf of the municipality, rural community or commission who is entering or attempting to enter the building or real property to which the order relates for the purposes of this section.

Enforcement of emergency order by a municipality, rural community or commission

36(1) Before or after an order under section 29 is served, a municipality, rural community or commission may, at the expense of the owner, carry out the specified actions in the order to terminate the danger giving rise to the emergency.

36(2) The cost of carrying out the specified actions in the order is a debt due to the municipality, rural community or commission and may be recovered in an action in the court.

36(3) If the order under section 29 was not served before the specified actions were taken to terminate the danger, the building inspector shall serve a copy of the order as soon as possible after the actions have been taken, and the copy of the order shall have attached to it a statement by the building inspector describing the actions taken by the municipality, rural community or commission and providing details of the amount expended in taking such measures.

36(4) If the order under section 29 was served before the specified actions were taken to terminate the danger, the building inspector shall, as soon as possible after the actions have been taken, serve a copy of the statement mentioned in subsection (3) in the same manner as the order was served.

36(5) No person shall refuse entry to or obstruct or interfere with a building inspector or a person acting on behalf of the municipality, rural community or commission who is entering or attempting to enter the building or real property to which the order relates for the purposes of this section.

Proceedings to prohibit continuation or repetition of contravention

37(1) Despite any other remedy or penalty imposed under this Act, if an order made by a building inspector, a decision of the Appeal Board or any provision of a building by-law, this Act or the regulations is contravened, a municipality, a rural community, the Minister of Environment or a person authorized by the municipality, rural community or the Minister of Environment may 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 has taken place, and that on failure to comply with such order a person designated by the municipality, rural community or the Minister of Environment may, at the expense of the owner, remove or destroy such building or part of the building, and

(c) for any other order as is 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 deems fit.

37(2) The court may grant an order under subsection (1) and may enforce the order in the same manner as any other order or judgment of the court.

REVIEWS AND APPEALS

Person directly affected by order or decision of building inspector

38 For the purposes of section 39, if a building inspector makes an order or decision, a person is directly affected by the order or decision if he or she is a party to an agreement concerning construction or demolition work that is the subject of the order or decision.

Request for review of order or decision

39 Within 10 days after receiving an order or decision of a building inspector, a person directly affected by the order or decision may request that the order or decision be reviewed

(a) if a Municipal Chief Building Inspector or Rural Community Chief Building Inspector has been appointed for the municipality or rural community, by the Municipal Chief Building Inspector or Rural Community Chief Building Inspector, as the case may be, or

(b) if a Municipal Chief Building Inspector or Rural Community Chief Building Inspector has not been appointed, by the Provincial Chief Building Inspector.

Review by Municipal Chief Building Inspector or Rural Community Chief Building Inspector

40(1) When a request for review is made under paragraph 39(a), the Municipal Chief Building Inspector or Rural Community Chief Building Inspector may confirm, vary or revoke the order or decision of the building inspector.

40(2) The Municipal Chief Building Inspector or Rural Community Chief Building Inspector shall give notice of his or her decision to the building inspector and the person who requested the review.

Review by Provincial Chief Building Inspector

41(1) When a request for review is made under paragraph 39(b), the Provincial Chief Building Inspector shall

(a) review the order or decision of the building inspector,

(b) make recommendations with respect to the order or decision of the building inspector, and

(c) provide his or her recommendations, including the reasons for the recommendations, to the building inspector and the person who requested the review.

41(2) The building inspector shall, within a reasonable time after receipt of the recommendations, confirm or vary the order or decision that is the subject of review and shall give notice of his or her decision to the person who requested the review.

Appeal

42(1) The person who requested the review may, within 10 days after receiving one of the following decisions, appeal the decision by serving a notice of appeal on the Minister in accordance with the regulations:

(a) the decision of the Municipal Chief Building Inspector or the Rural Community Chief Building Inspector under subsection 40(1); or

(b) the decision of the building inspector under subsection 41(2).

42(2) The Minister shall refer an appeal to the Appeal Board who shall, in accordance with the regulations, hear the appeal.

42(3) The decision of the Appeal Board is final.

Establishment of Appeal Board

43 There is established an appeal board to be known as the Building Code Appeal Board consisting of such persons as are appointed by the Minister in accordance with the regulations.

Chair

44 The members of the Appeal Board who hear an appeal shall choose one among them to be the Chair.

Term of office and revocation of appointments

45(1) All members of the Appeal Board shall be appointed for a term not exceeding 3 years and are eligible for reappointment.

45(2) Any appointment to the Appeal Board may be revoked by the Minister for cause.

45(3) Despite subsection (1) and subject to subsection (2), a member of the Appeal Board shall remain in office until the member resigns or is reappointed or replaced.

Quorum

46 Three members of the Appeal Board, one of whom is the Chair, constitute a quorum.

Remuneration

47 The Lieutenant-Governor in Council shall determine the remuneration to be paid to the members of the Appeal Board.

Reimbursement of expenses

48 Each member of the Appeal Board is entitled to be reimbursed for the travelling and living expenses incurred by the member in the performance of his or her duties in accordance with the Travel Directive of the Board of Management.

OFFENCES AND PENALTIES

Offences and penalties

49(1) A person who does any of the following commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence:

(a) knowingly makes a false or misleading statement, either orally or in writing, to any of the following persons while that person is engaged in carrying out his or her duties or powers under a building by-law, this Act or the regulations:

(i) a building inspector;

(ii) a Municipal Chief Building Inspector;

(iii) a Rural Community Chief Building Inspector; or

(iv) the Provincial Chief Building Inspector;

(b) violates or fails to comply with section 4;

(d) violates or fails to comply with subsection 24(1);

(e) violates or fails to comply with subsection 35(3) or 36(5); or

(f) violates or fails to comply with an order made by a building inspector.

49(2) A person who does any of the following commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence:

(a) violates or fails to comply with section 11;

(b) violates or fails to comply with section 34; or

49(3) Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

49(4) A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

49(5) Despite subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed under that Act in respect of an offence under subsection (1) shall be $1,000.

Continuing offence

50(1) If an offence under paragraph 49(1)(b), (c), (d), (e) or (f) continues for more than one day,

(a) the minimum fine that may be imposed is the sum of

(i) $1,000, and

(ii) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.

50(2) If an offence under subsection 49(2) or (3) continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category C offence multiplied by the number of days during which the offence continues after the first day, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category C offence multiplied by the number of days during which the offence continues.

Limitation period

51(1) Subject to subsection (2), a prosecution for an offence under this Act or the regulations shall be commenced within 6 months after the date on which the offence was, or is alleged to have been, committed.

51(2) When a request for review is made under section 39, 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.

Laying of information

52 Any information alleging an offence under this Act or the regulations shall be laid in accordance with the Provincial Offences Procedure Act in the name of the municipality, rural community or the Minister of Environment by a person appointed by the municipality, rural community or Minister of Environment, as the case may be.

GENERAL PROVISIONS AND REGULATIONS

Report required for demolition work

53 Except in the case of an emergency, a person acting on behalf of a municipality, rural community or commission shall not proceed with demolition work unless the municipality, rural community or commission has a report from an architect, an engineer, a building inspector or the Fire Marshal confirming that the building is dilapidated or structurally unsound and the report is, in the absence of evidence to the contrary, proof that the building is dilapidated or structurally unsound.

Commencement of action, proceeding or prosecution

54 Any action, proceeding or prosecution under this Act shall be commenced in the name of the municipality or rural community in which the building or real property that is the subject matter of the action, proceeding or prosecution is located, or, if the building or real property is located in an unincorporated area, in the name of the appropriate commission.

Agreement re commencement of action, proceeding or prosecution

55(1) Despite section 54, if an agreement is entered into by a municipality, rural community or commission regarding the supply of building inspection services, the municipality, rural community or commission may enter into an agreement with respect to determining who is responsible for commencing an action, proceeding or prosecution under this Act and the action, proceeding or prosecution shall be commenced in the name of the municipality, rural community or commission.

55(2) When an agreement is entered into under subsection (1), the consent of the municipality, rural community or commission to bring the action, proceeding or prosecution is necessary, unless the agreement otherwise provides.

Repository of decisions

56(1) The Provincial Chief Building Inspector shall establish and maintain a repository of the following decisions that the Provincial Chief Building Inspector considers appropriate:

(a) decisions of Municipal Chief Building Inspectors and Rural Community Chief Building Inspectors made under subsection 40(1); and

(b) decisions of the Appeal Board.

56(2) The Provincial Chief Building Inspector shall make the repository of decisions available to the public on the Internet.

Service of orders and demands

57(1) An order or demand that is to be served on a person under this Act shall be sufficiently served

(a) if it is served by personal service and

(i) if the person is an individual, by personal delivery on the individual, or

(ii) if the person is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in the Province,

(b) if it is mailed by ordinary mail to the latest known address of the person,

(d) if it is posted for 3 consecutive days in a prominent place on the premises in respect of which the building or demolition permit was issued, or

(e) if a notice stating that an order or demand has been issued is published at least twice in one or more newspapers published in the county in which the building or real property to which the order or demand relates is situated or in a newspaper published in the Province and having general circulation in that county.

57(2) Service by ordinary mail shall be deemed to be effected 5 days after the date of mailing.

57(3) Service by prepaid courier shall be deemed to have been effected on the date the sender receives the Acknowledgment of Receipt Card bearing a signature that purports to be the signature of the person to whom the order or demand was sent or receives confirmation in writing from the carrier that the order or demand was delivered to the person to whom the order or demand was sent.

Proof of service

58(1) Proof of the service of an order or demand in any manner provided for in section 57 may be by a certificate or an affidavit purporting to be signed by the building inspector or the carrier who effects service under paragraph 57(1)(c), naming the person to whom the order or demand was given and specifying the time, place and manner in which the order or demand was given.

58(2) A document purporting to be a certificate under subsection (1) shall be

(a) admissible in evidence without proof of signature, and

(b) conclusive proof that the person named in the certificate is aware of the matters referred to in the certificate.

58(3) In any prosecution for a contravention of this Act or the regulations where proof of the service is made as set out in subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be on the person charged.

58(4) An order or demand that has been served in accordance with section 57 and purports to be signed by a building inspector 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 in the order or demand is the owner.

Immunity

59 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 in good faith, under this Act or the regulations by the person or entity:

(a) the Province;

(b) the Minister;

(d) a Municipal Chief Building Inspector;

(e) a Rural Community Chief Building Inspector;

(f) the Provincial Chief Building Inspector;

(g) a building inspector;

(h) a municipality;

(i) a rural community;

(j) a commission;

(k) the Appeal Board;

(l) a member of former member of the Appeal Board; and

(m) any person acting under or who has acted under the authority of this Act or the instructions of a person or entity referred to in this section.

Administration

60 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

61(1) The Lieutenant-Governor in Council may make regulations

(a) adopting by reference the Code;

(b) exempting any building or class of building from the application of this Act or the regulations or from the application of any provision of this Act or the regulations;

(d) prescribing surcharges for the issuance of a building permit under paragraph 9(1)(d);

(e) prescribing the amount a municipality or rural community may pay the Minister of Finance under subsection 9(2);

(f) prescribing the stages of construction for which an inspection is required under subsection 17(1), including the different stages of inspections for different classes of buildings;

(g) respecting the notification required under subsection 17(1), the content of the notice, the form and manner in which the notice shall be given and the period within which the inspection shall be carried out after receipt of the notice;

(h) prescribing the parts of the Code for the purposes of paragraph 6(2)(a);

(i) prescribing the additional duties and powers of building inspectors;

(j) prescribing the qualifications of building inspectors and the different qualifications necessary to inspect different classes of buildings;

(k) prescribing the requirements for privately contracted building inspectors;

(l) requiring privately contracted building inspectors to hold professional liability insurance and prescribing the type and amount of professional liability insurance a privately contracted building inspector is required to hold;

(m) prescribing the duties and powers of the Provincial Chief Building Inspector;

(n) prescribing the services for which the Provincial Chief Building Inspector may charge fees, the amount of the fees and the persons to whom the fees may be charged;

(o) prescribing the responsibilities and obligations of municipalities, rural communities and commissions with respect to construction or demolition work;

(p) prescribing the responsibilities and obligations of owners, contractors, subcontractors and professionals with respect to construction or demolition work;

(q) prescribing professions for the purposes of the definition “professional” in section 1;

(r) respecting the circumstances under which a building permit is required in order to obtain other types of permits;

(s) requiring the alteration of any part of an existing building where construction or demolition work in relation to the building affects that part;

(t) requiring the posting on premises of such documents or information as are prescribed;

(u) authorizing the Minister to prescribe forms for the purposes of this Act and the regulations;

(v) respecting the appointment of members of the Appeal Board and the qualifications of members of the Appeal Board;

(w) respecting appeals, including

(i) the grounds for appeal,

(ii) the procedure on appeal,

(iii) the effect of a decision of a Municipal Chief Building Inspector or a Rural Community Chief Building Inspector under subsection 40(1) or a decision of a building inspector under subsection 41(2) pending the outcome of an appeal, and

(iv) the powers and authority of the Appeal Board;

(x) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(y) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(z) respecting any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.

61(2) The Lieutenant-Governor in Council may make regulations with respect to construction and demolition work in unincorporated areas

(a) prescribing a system of permits for construction and demolition work;

(b) prescribing the terms and conditions for the issuance of a permit;

(d) prescribing the grounds on which a building inspector may refuse to issue a permit;

(e) prescribing the grounds on which a building inspector may suspend, revoke or reinstate a permit;

(f) respecting the form and manner in which applications for the issuance of a permit may be made and the content of the applications;

(g) prescribing the fees for the issuance of a permit;

(h) respecting the circumstances in which the fees paid for a permit may be refunded;

(i) prescribing the deposit for the issuance of a demolition permit;

(j) prescribing the circumstances in which a deposit is or is not payable for the issuance of a building permit and the amount of the deposit;

(k) respecting inspections of demolition work;

(l) prescribing standards for construction or demolition work

(i) that relate to matters not provided for in the Code, or

(ii) that are more stringent than the technical requirements set out in the Code;

(m) exempting unincorporated areas from the requirement to conduct inspections for the purposes of ensuring compliance with the parts of the Code prescribed by regulation;

(n) prescribing the services for which a building inspector may charge fees, the amount of the fees and the persons to whom the fees may be charged.

Fees to be paid to appropriate commission

62 Despite the Financial Administration Act, a fee prescribed under paragraph 61(2)(g) shall be paid to the appropriate commission and shall be credited to the cost of the delivery of the land use planning service under subsection 27.2(2) of the Municipalities Act.

TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

Building by-laws enacted under section 59 of the Community Planning Act

63(1) Despite section 5, a building by-law enacted under section 59 of the Community Planning Act that does not conform with the requirements set out in section 6 shall remain in effect for a period of 12 months after the commencement of this section.

63(2) If, within 12 months after the commencement of this section, a building by-law enacted under section 59 of the Community Planning Act does not conform with the requirements set out in section 6, the building by-law shall cease to have effect.

Permits under the Community Planning Act

64 A building permit or a development and building permit issued under the Community Planning Act shall remain in effect after the commencement of this section if the construction or demolition work for which the permit was issued

(a) was commenced within 12 months after the date of issue of the permit, and

(b) is not discontinued or suspended for a period of 90 consecutive days or more.

Appeals under section 86 of the Community Planning Act

65 If, before the commencement of this section, an appeal was filed with the Assessment Planning and Appeal Board under section 86 of the Community Planning Act concerning a building permit or development and building permit issued under that Act, the Assessment Planning and Appeal Board shall deal with and decide the appeal in accordance with that Act.

Applications under section 94 of the Community Planning Act

66 If, before the commencement of this section, an application was made to the court under section 94 of the Community Planning Act concerning any of the following issues, the court shall proceed with the application in accordance with that section:

(a) contravention or failure to comply with

(i) a by-law made under section 59 of that Act,

(ii) an order or demand made with respect to construction work,

(iii) terms and conditions imposed under subsection 87(1) or (2) of that Act on a building permit or a development and building permit issued under that Act, or

(iv) a decision of the Assessment Planning and Appeal Board concerning a building permit or a development and building permit issued under that Act, or

(b) obstruction of a building inspector.

Applications under section 94.1 of the Community Planning Act

67 If, before the commencement of this section, an application was made to the court under section 94.1 of the Community Planning Act with respect to the operation or non-enforcement of a building by-law enacted under section 59 of that Act or a resolution or order of a municipal council or rural community council concerning construction or demolition work, the court shall proceed with the application in accordance with section 94.1 of that Act.

Amendments to Community Planning Act

68(1) Section 1 of the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “building inspector” and substituting the following:

“building inspector” means a building inspector as defined in the New Brunswick Building Code Act; (inspecteur des constructions)

(b) in the definition “non-conforming use” by striking out “or a development and building permit to undertake construction” and substituting “under the New Brunswick Building Code Act”.

68(2) Clause 32(2)(b)(i)(B) of the Act is repealed and the following is substituted:

(B) developments for which a building permit under the New Brunswick Building Code Act is not required,

68(3) Section 59 of the Act is repealed.

68(4) Paragraph 67(1)(a) of the Act is amended by striking out “or building”.

68(5) Paragraph 68(6)(b) of the Act is amended by striking out “building by-law,”.

68(6) Subsection 69(1.1) of the Act is amended by striking out “building by-law,”.

68(7) Section 77 of the Act is amended

(a) by repealing subsection (0.1);

(b) in subsection (1)

(i) by repealing paragraph (g);

(ii) by repealing paragraph (g.01);

(iii) by repealing paragraph (h);

68(8) Subsection 81(1) of the Act is amended in the portion preceding paragraph (a) by striking out “no building permit or development and building permit shall be issued” and substituting “no building permit shall be issued under the New Brunswick Building Code Act”.

68(9) Paragraph 100(1)(c) of the Act is repealed.

Amendments to Metric Conversion Act

69 Section 4 of Schedule A of the Metric Conversion Act, chapter M-11.1 of the Acts of New Brunswick, 1977, is amended

(a) by repealing subsection (3);

(b) by repealing subsection (4);

Amendments to Municipalities Act

70(1) Subsection 74(3) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out “a building inspector,” and substituting “a building inspector, a Municipal Chief Building Inspector,”.

70(2) Section 148 of the Act is repealed and the following is substituted:

By-law approving subdivision permit

148 Despite anything contained in the Community Planning Act or this Act, the council may make by-laws imposing as a condition to the approval of a subdivision of land within the municipality that the owner undertakes by agreement with the municipality to provide such land with any work that may be undertaken as a local improvement at the expense of the owner or at such proportion of the expense as the by-law may prescribe.

70(3) The Act is amended by adding after section 148 the following:

By-law approving building permit

148.01 Despite anything contained in the New Brunswick Building Code Act or this Act, the council may make by-laws imposing as a condition to the issue of a building permit for the erection of any building or structure in the municipality that the owner of the land on which such building or structure is to be erected undertakes by agreement with the municipality to provide such land with any work that may be undertaken as a local improvement at the expense of such owner or at such proportion of the expense as the by-law may prescribe.

70(4) Section 148.1 of the Act is repealed and the following is substituted:

Application of sections 117 to 148.01 to rural community

148.1 Sections 117 to 148.01 apply with the necessary modifications to a rural community.

70(5) Subsection 190.077(3) of the Act is amended by striking out “a building inspector,” and substituting “a building inspector, a Rural Community Chief Building Inspector,”.

Amendment to Workers’ Compensation Act

71 Subsection 53(7) of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended by striking out “or development and building permit”.

REPEAL AND COMMENCEMENT

Repeal of New Brunswick Regulation 90-128 under the Metric Conversion Act

72 New Brunswick Regulation 90-128 under the Metric Conversion Act is repealed.

Commencement

73 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

Chapter Outline Update

71 Workers’ Compensation Act

Strike out subsection 53(7) and substitute the following:

Notice of building permit 53(7)