Second

Session, 50th General Assembly

Charles III, 2023

BILL 52

AN ACT TO AMEND THE

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This

Bill would amend the Buildings

clarify the

definitions of

"persons with disabilities" and "apartment-type building" and

remove

definitions that are no longer required;

clarify that the exemption for

private homes does not extend to a part of a private home that contains a

business where certain conditions exist;

remove the exemption for buildings

that existed on December 24, 1981, and require those buildings to comply with

the same requirements as buildings constructed on or after December 24, 1981;

clarify that a person is

allowed to own or occupy a building that existed on December 24, 1981 and that does

not comply with the Act and regulations, until such time that the building is reconstructed,

added to or undergoes a change in use;

clarify that where a building

is reconstructed or added to, only the portion of the building that is reconstructed

or added is required to comply with the Act and regulations;

allow the director to authorize

deviations from strict compliance with the regulations in exceptional

for persons with disabilities;

increase the fines for offences

under the Act;

replace references to

"Trial Division" with the correct reference "Supreme

Court"; and

incorporate gender-neutral

language.

A BILL

ACT

Analysis

S.2 Amdt.

Definitions

S.4 R&S

Non-application of Act

S.5 Rep.

Application to existing buildings

S.6 Amdt.

Prohibition

S.7 Amdt.

Reconstructed buildings

S.10 Amdt.

Powers of director

S.11 Amdt.

Delegation of power

S.12 Amdt.

Power of inspector

S.13 R&S

Duty of inspector

S.16 Amdt.

Fees

S.17 Amdt.

Appeal to director

S.18 Amdt.

Advisory board

S.20 Amdt.

Appeal tribunal

S.24 Amdt.

Powers

S.26 Amdt.

Appeal to Supreme Court

S.33 Amdt.

Offences

S.35 R&S

Limitation period

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cB-10

as amended

substituted:

(a) "apartment-type building" means a building intended for residential purposes in

whole or in part that contains more than 4 residential units, and whether

consisting in whole or in part of condominium units or rental units with a

common primary entrance and an interior common access corridor;

(2) Paragraph 2(

l) of the Act is repealed and the

following substituted:

(l) "persons with disabilities" means persons with one or more of the following:

(

i) mobility

impairments, including reaching or manipulation disabilities,

(ii) visual

impairments, and

(iii) hearing

impairments;

(3) Section

2 of the Act is amended by repealing paragraphs (l.1) and (l.2).

Section 4 of the Act is repealed and the

following substituted:

Non-application

of Act

4. This Act does not apply to private homes,

foster homes, boarding houses, lodging houses or bed and breakfast

accommodations, except

(

a) a

portion of a private home that

(

i) contains

a business to which the public is admitted,

(ii) is

subdivided or divided by fire-walls from the remainder of the private home, and

(iii) does not have a means of entry between the

portion of the private home that contains the business and the remainder of the

private home; and

(

b) a

boarding house, lodging house or bed and breakfast accommodation in which

sleeping accommodation is provided for more than 10 boarders, lodgers or guests.

Section 5 of the Act is repealed.

4. Subsection 6(1) of the Act is repealed and the

following substituted:

Prohibition

(1) A person shall not build or construct a

building unless that building complies with the requirements of this Act and

the regulations.

5. Subsection 7(3) of the Act is repealed and the

following substituted:

(3) Notwithstanding

subsection (1), where a person reconstructs or adds to a building, only the

portions of the building being reconstructed or added are required to comply

with the requirements of this Act and the regulations.

Section 10 of the Act is amended by adding

immediately after subsection (4) the following:

(5) The

director may, upon receipt of a written application, authorize a deviation from

a provision of the regulations where, in the opinion of the director,

(

a) exceptional

circumstances exist that make strict compliance with the regulations

impractical; and

(

b) the

the regulations from which the deviation is requested.

Section 11 of the Act is amended by

(

a) deleting the number "1" and

substituting the word "one"; and

(

b) deleting the words "his or her" and

substituting the words "the director's".

8. Subsection 12(1) of the Act is amended by

deleting the words "his or her".

Section 13 of the Act is repealed and the

following substituted:

Duty of inspector

13. It is the duty of an inspector who makes an

inspection under this Act and the regulations to ensure, by reasonable

examination, that the requirements of this Act and the regulations have been

complied with to the satisfaction of the inspector.

Section 16 of the Act is amended by deleting

the words "his or her" and substituting the words "the

person's".

11. (1) Subsection 17(2) of the Act is amended by

deleting the words "his or her" and substituting the word

"an".

(2) Subsection 17(3) of the Act is amended by

deleting the words "his or her" and substituting the word

"the".

12. (1) Subsection 18(2.1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

member".

(2) Subsection 18(2.2) of the Act is amended by

deleting the words "he or she is replacing" and substituting the

words "being replaced".

13. (1) Subsection 20(3.1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

member".

(2) Subsection 20(3.2) of the Act is amended by

deleting the words "he or she is replacing" and substituting the

words "being replaced".

(3) Subsection 20(4) of the Act is repealed and

the following substituted:

(4) Where

a member of the tribunal resigns or the member's term of office expires, in

relation to a matter before the tribunal in which that member was involved

before that resignation or expiry, that member may continue to exercise powers

and perform duties with regard to that matter as if the member had not resigned

or the term had not expired.

14. Subsection 24(1) of the Act is amended by

deleting the words " Public Inquiries

Act " and substituting the words " Public Inquiries Act, 2006 ".

15. Subsection 26(1) of the Act is repealed and the

following substituted:

Appeal to Supreme

Court

(1) An appeal lies to the Supreme

Court from an order, ruling or decision of the tribunal.

16. Subsections 33(2) to (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 $1,000 and not more than $10,000 and as well shall be

ordered to have the building which is the subject-matter of the action comply

with the requirements prescribed by this Act and the 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 $2,000 and not more than $50,000 and as well shall be

ordered to have the building which is the subject-matter of the action comply

with the requirements prescribed by this Act and the 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 $400 and not greater than $4,000 a day for every day

beyond the time specified for correction of the offence during which the

offence continues.

Section 35 of the Act is repealed and the

following substituted:

Limitation period

35. Notwithstanding

section 7 of the Provincial

Offences Act , an information or complaint under

section 33 shall be laid or

made within 2 years from the date that the alleged offence is brought to the

attention of the director.

Commencement

18. This

Act comes into force on a day to be proclaimed by the Lieutenant-Governor in

Council.

King's Printer