3rd Session, 43rd Legislature

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Bill 204

THE TIMELY CONSTRUCTION OF RESIDENTIAL HOUSING ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1   The following definitions apply in this Act.

"approving authority" means

(a) a municipality;

(b) a planning district established under The Planning Act; or

(c) the director appointed under The Buildings Act;

and includes a person who is authorized to act on the authority's behalf. (« autorité compétente »)

"building permit" means a permit that authorizes the construction, erection, placement, alteration, repair, renovation, demolition, relocation or removal of a building, or an addition to a building, or a change in the occupancy of a building. (« permis de construction »)

"developer" means the holder of a building permit. (« promoteur »)

"Municipal Board" means the Municipal Board established under The Municipal Board Act. (« Commission municipale »)

"residential housing" means

(a) a detached single-family residence or duplex; or

(b) a townhouse, row house, apartment, condominium complex or other multi-unit residential building. (« logement résidentiel »)

Purpose

2   The purpose of this Act is to require developers who have been issued a building permit to construct residential housing to complete the construction of the residential housing in a timely manner or risk having the building permit revoked.

Approving authority may revoke building permit

3(1)   An approving authority that issued a building permit to a developer to construct residential housing may revoke the permit if

(a) the developer has not taken meaningful steps to begin the construction or demolition authorized by the permit within six months after the permit is issued;

(b) the construction or demolition authorized by the permit has been substantially suspended or discontinued for a period of longer than three months; or

(c) the construction of residential housing authorized by the permit is not completed

(i) within 18 months after the permit is issued, in the case of a permit that authorizes the construction of a detached single-family residence or duplex,

(ii) within two years after the permit is issued, in the case of a permit that authorizes the construction of a townhouse, row house, apartment, condominium complex or other multi-unit residential building that has 10 or fewer individual units, or

(iii) within three years after the permit is issued, in the case of a permit that authorizes the construction of a townhouse, row house, apartment, condominium complex or other multi-unit residential building that has more than 10 individual units.

Notice of revocation

3(2)   The approving authority must give the developer written notice of the intended revocation of the building permit. The notice must specify the day the revocation is effective.

Giving notice of building permit revocation

3(3)   The notice of revocation must be given to the developer at least 60 days before the day the revocation of the building permit is effective.

Rescinding building permit revocation

3(4)   The approving authority may rescind a building permit revocation if the authority is satisfied that the developer will complete the construction of the residential housing in a timely manner. The authority must give the developer written notice that the revocation of the permit has been rescinded.

Date building permit revocation is effective

4(1)   A developer's building permit is revoked on the day set out in the notice of revocation unless the developer appeals the revocation before that day.

Effect of revocation

4(2)   When a building permit revocation is effective, the developer must not take any further steps to complete the construction of the residential housing unless a new building permit is issued.

Appeal to Municipal Board

5(1)   A developer who objects to the revocation of their building permit may appeal to the Municipal Board.

Deadline for appeal

5(2)   A notice of appeal must be filed with the Municipal Board before the effective date of revocation set out in the notice of revocation.

Contents of notice of appeal

5(3)   The notice of appeal must set out the grounds of the appeal. The notice must also give

(a) the reasons for any delays in the construction of the residential housing; and

(b) the date by which the developer believes they can complete construction of the residential housing, along with an estimated date of completion for each unfinished stage of construction.

Service on approving authority

5(4)   The developer must give the notice of appeal to the approving authority within seven days after the notice of appeal is filed with the Municipal Board.

Appeal stays revocation of building permit

6   The filing of an appeal acts as a stay of the revocation of a building permit until the Municipal Board makes a decision on the appeal.

Hearing of appeal

7(1)   The Municipal Board must hold a hearing on the appeal within 90 days after the notice of appeal is filed.

Decision on appeal

7(2)   After hearing submissions from the approving authority and the developer at the hearing, the Municipal Board may

(a) dismiss the appeal; or

(b) allow the appeal and specify a new deadline for the developer to complete the construction of the residential housing.

Decision not subject to appeal

7(3)   The decision of the Municipal Board is final and not subject to appeal.

When decision serves as building permit

8(1)   If the Municipal Board allows a developer's appeal, the Municipal Board decision functions as a building permit and remains in effect until the revised deadline for the completion of the construction set out in the Municipal Board decision has passed.

Consequences of failing to meet deadline

8(2)   A developer who fails to complete construction of the residential housing by the deadline set out in the Municipal Board decision must not take any further steps to construct the residential housing unless the approving authority issues a new building permit.

Regulations

9   The Lieutenant Governor in Council may make regulations

(a) respecting the service of notices of revocation and notices of appeal;

(b) defining any word or expression used but not defined in this Act;

(c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

C.C.S.M. reference

10   This Act may be referred to as chapter T65 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

11   This Act comes into force on the day it receives royal assent.