Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 8

AN ACT TO AMEND THE

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DIANNE WHALEN

Minister

of Government Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clauses 1, 2, 3, 10 and 13 of the

Bill would amend the Act to change references to disabled persons to persons

with disabilities.

Clause 2 of the Bill would also

change the

definitions of "minister" and "department" to

reflect current practice under the Executive

Council Act .

Clause 4 of the Bill would amend

section 4 of the Act to include a reference to bed and breakfast accommodation.

Clause 5 of the Bill would amend

section 5 of the Act to clarify subsection (1) and, in subsection (2), to

broaden its application to persons in general.

Presently its scope is limited to persons who own a building.

Clause 6 of the Bill would amend

section 7 of the Act to provide that a person who makes changes to a building existing

prior to December

24, 1981 to improve its availability and

with the standards set by the Act.

Clause 7 of the Bill would amend

section 12 of the Act to correct a grammatical error.

Clause 8 of the Bill would amend

section 16 of the Act to provide that fees payable by the owner of a building

may be paid by his or her agent.

Clause 9 of the Bill would amend

subsection 17(3) of the Act to provide that the director must provide reasons

for a decision he or she takes.

Clause 11 of the Bill would amend

section 20 of the Act to change the reference to disabled persons to persons

with disabilities and to establish a term of appointment for members of the

appeal tribunal.

Clause 12 of the Bill would amend

subsections 23(1) and (2) of the Act: subsection

(1) to clarify its intent and subsection (2) to require the appeal tribunal to

give its decision with 45 days of hearing the appeal.

Clause 14 of the Bill would amend

section 33 to increase penalties for a violation of the Act.

Clause 15 of the Bill would provide

that this Act would come into force on proclamation.

A BILL

ACT

Analysis

Long Title R&S

S.2 Amdt.

Definitions

3. S.3 Amdt.

Purpose of Act

S.4 R&S

Non-application of Act

S.5 R&S

Application to existing buildings

S.7 Amdt.

Reconstructed buildings

S.12 Amdt.

Power of inspector

S.16 R&S

Fees

S.17 Amdt.

Appeal to director

S.18 Amdt.

Advisory board

S.20 Amdt.

Appeal tribunal

S.23 Amdt.

Appeal

S.30 Amdt.

General regulations

S.33 Amdt.

Offences

15. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cB-10

as amended

substituted:

AN ACT RESPECTING

(1) Paragraph 2(

f) of the Act is repealed

and the following substituted:

(f) "department" means the department

presided over by the minister;

(2) Paragraph 2(

j) of the Act is repealed and the

following substituted:

(j) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(3) Paragraph 2(

l) of the Act is repealed and the

following substituted:

(l) "persons with disabilities" means persons

with physical or sensory disabilities;

(l.1) "persons with physical disabilities"

means persons with mobility impairments, whether they are ambulatory or use a

wheelchair, and includes persons with reaching or manipulation disabilities;

(l.2) "persons with sensory disabilities"

means persons with visual or hearing disabilities;

Section 3 of the Act is amended by striking out

the words "physically disabled persons" wherever they occur and

substituting the words "persons with disabilities".

Section 4 of the Act is repealed and the

following substituted:

Non-application

of Act

4. Nothing

in this Act shall be construed to apply this Act or to enable this Act to apply

to private homes, foster homes, boarding houses, lodging houses or bed and

breakfast accommodation, except a lodging house, bed and breakfast

accommodation or boarding house in which sleeping accommodation is provided for

more than 10 boarders, guests or lodgers.

Section 5 of the Act is repealed and the

following substituted:

Application to

existing buildings

(1) This

Act does not apply to buildings existing on December 24, 1981 except the

buildings or class of buildings that the Lieutenant-Governor in Council may

prescribe by regulation.

(2) Where, on December 24, 1981, a building

conforms to the requirements of this Act and the regulations, the director

shall, if of the opinion that a person is causing it to stop conforming with

that requirement, direct the person to provide, within the reasonable period

that the director may specify and in a manner satisfactory to him or her, the

access or facilities in respect of which the building previously conformed to a

requirement of this Act and the regulations.

Section 7 of the Act is amended by adding

immediately after subsection (2) the following:

(3) Where a person makes alterations to a building

existing prior to December 24, 1981 to improve the

the alterations shall comply with the requirements of this Act.

7. Subsection 12(1) of the Act is repealed and the

following substituted:

Power of

inspector

(1) An

inspector may, for the purposes of this Act and the regulations, and at all

reasonable times, on production of proof of his or her appointment as an inspector,

enter a building or property for the purpose of inspection or investigation to

ensure compliance with this Act and the regulations.

Section 16 of the Act is repealed and the

following substituted:

Fees

16. A

person who owns a building or his or her agent shall pay the fees, expenses,

charges or levies made in accordance with this Act and as prescribed by the

minister.

9. Subsection 17(3) of the Act is repealed and the

following substituted:

(3) The director may confirm, revoke or vary the

notice, decision, direction or order and shall provide reasons, in writing, for

his or her decision to the aggrieved person.

10. Subsection 18(1) of the Act is repealed and the

following substituted:

Advisory board

(1) The

representatives of persons with disabilities, one representative of the department,

other than the director, and those other members that the Lieutenant-Governor

in Council may appoint is continued.

11. (1) Subsection 20(1) of the Act is

repealed and the following substituted:

Appeal tribunal

(1) The

Lieutenant-Governor in Council shall appoint an appeal tribunal consisting of a

chairperson, a vice-chairperson and 3 persons, one of whom shall be a

representative of persons with disabilities.

(2) Subsection 20(3) of the Act is repealed and

the following substituted:

(3) The members of the tribunal shall be appointed

for a term of 2 years and are eligible for reappointment.

12. Subsections 23(1) and (2) of the Act are

repealed and the following substituted:

Appeal

(1) A

notice, decision, direction or order confirmed or varied by the director under

section 17 may be appealed to the tribunal by written notice of appeal within

30 days of the director's notice, decision, direction or order.

(2) Upon receipt of a notice of appeal under

subsection (1) the tribunal shall hear the appeal not later than 30 days after

receipt of that notice and shall give its decision, in writing, within 45 days

of hearing the appeal.

13. (1) Paragraph 30(1)(

f) of the Act is

repealed and the following substituted:

(

f) prescribing the symbols to be used to

designate an access to entrances to or facilities in buildings for the

convenience of persons with disabilities;

(2) Paragraph 30(1)(

h) of the Act is repealed and

the following substituted:

(

h) prescribing the areas within a building or

premises in which the symbols are to be located in order to designate the

access to facilities in relation to a building for the convenience of persons

with disabilities;

14. Subsections 33(2), (3) and (4) of the Act are

repealed and the following substituted:

(2) A natural person who is guilty of an offence

is liable on

summary conviction to a fine of not less than $500 and not more

than $5,000 and as well shall be ordered to have the building which is the

subject-matter of the action comply with the requirements prescribed by the Act

and regulations within a specified time.

(3) A corporation that is guilty of an offence is

liable on

summary conviction to a fine of not less than $1,000 and not more

than $25,000 and as well shall be ordered to have the building which is the

subject-matter of the action comply with the requirements prescribed by the Act

and regulations within a specified time.

(4) A natural person or corporation that is guilty

of an offence is liable on

summary conviction to a fine, in addition to a fine

imposed under subsection (2) or (3), of not less than $200 and not greater than

$2,000 a day for every day beyond the time specified for correction of the

offence during which the offence continues.

Commencement

15. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer