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The Building and Electrical Permitting Improvement Act (Various Acts Amended and Permit Dispute Resolution Act Enacted)

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S.M. 2021, c. 37

Bill 38, 3rd Session, 42nd Legislature

The Building and Electrical Permitting Improvement Act (Various Acts Amended and Permit Dispute Resolution Act Enacted)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill enacts a new Act and amends two other Acts.

Schedule A — Permit Dispute Resolution Act

Schedule A enacts a new Act to resolve disputes related to building and electrical permits. Expert adjudicators are appointed to conduct hearings and make binding orders respecting

decisions made by provincial or municipal officials about the technical requirements of building and electrical standards; and

complaints that inspections and decisions on permit applications were not conducted or made in a timely manner.

Schedule B — Buildings and Mobile Homes Amendment Act

This Schedule makes a number of changes to The Buildings and Mobile Homes Act.

Performance standards are established by regulation. Provincial and municipal officials must conduct inspections and make decisions on applications for building permits and occupancy permits within specified time periods.

A number of technical and administrative changes are made to the Act, including the following:

appointing a director to administer the Act;

giving the director the power to reconsider their decision on an application for a building or occupancy permit;

allowing the director to review requirements imposed by an inspector;

removing mobile homes from the Act;

deeming the adoption of a new edition of a previously adopted building construction code or standard by a specified date.

Consequential amendments are made to five Acts.

Schedule C — Manitoba Hydro Amendment Act

This Schedule makes two major changes to The Manitoba Hydro Act.

A code of standards is established by regulation for the installation, repair and use of electric wiring and related equipment across Manitoba. The City of Winnipeg must adopt this code and enforce it in Winnipeg.

Performance standards are established by regulation that require Manitoba Hydro and the City of Winnipeg to conduct inspections and make decisions on applications for electrical permits within time periods established by regulation.

(Assented to May 20, 2021)

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

Permit Dispute Resolution Act

1

The Permit Dispute Resolution Act set out in Schedule A is hereby enacted.

Buildings and Mobile Homes Amendment Act

2

The Buildings and Mobile Homes Amendment Act set out in Schedule B is hereby enacted.

Manitoba Hydro Amendment Act

3

The Manitoba Hydro Amendment Act set out in Schedule C is hereby enacted.

Coming into force

4(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

4(2)

The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.


SCHEDULE A

THE PERMIT DISPUTE RESOLUTION ACT

TABLE OF CONTENTS

Section

1   Definitions

2   Dispute resolution re building standards

3   Dispute resolution re electrical standards

4   No dispute resolution hearing on other issues

5   Application

6   Dispute resolution hearing

7   Notice of hearing

8   Independent advice

9   Orders

10   Cost of hearing

11   No council involvement re disputes

12   Order binding

13   Adjudicators

14   Selecting adjudicator

15   Protection from liability

16   Regulations

17   Transitional — no dispute resolution hearings

18   C.C.S.M. reference

19   Coming into force


Definitions

1(1)

The following definitions apply in this Act.

"adjudicator" means a person appointed as an adjudicator under section 13. (« arbitre »)

"applicant" means a person who applies for a dispute resolution hearing. (« requérant »)

"approving authority" means,

(a) in the case of a dispute referred to in section 2,

(i) the director appointed under The Buildings Act,

(ii) a municipality, or

(iii) a planning district established under The Planning Act,

and includes a person who is authorized to act on the authority's behalf; or

(b) in the case of a dispute referred to in section 3, Manitoba Hydro or The City of Winnipeg, and includes a person acting on their behalf. (« autorité compétente »)

"dispute resolution hearing" means a hearing held under section 6. (« audience de résolution de litige »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

Definitions from Buildings Act

1(2)

In this Act, "building construction code", "building construction standard", "building permit" and "occupancy permit" have the same meaning as in The Buildings Act.

Definitions from Manitoba Hydro Act

1(3)

In this Act, "electrical permit" and "Manitoba electrical code" have the same meaning as in The Manitoba Hydro Act.

Dispute resolution re building standards

2(1)

A person who applies for or holds a building permit or occupancy permit may apply for a dispute resolution hearing respecting

(a) a decision, order, direction or requirement issued by an approving authority respecting the sufficiency of compliance with the technical requirements of a building construction code or building construction standard; or

(b) an allegation that an approving authority failed to meet a performance standard established under section 14.2 or 14.3 of The Buildings Act.

Dispute resolution for orders re building standards

2(2)

A person who is the subject of an order, direction or requirement issued by an approving authority respecting the sufficiency of compliance with the technical requirements of a building construction code or building construction standard may apply for a dispute resolution hearing respecting that order, direction or requirement.

Dispute resolution re electrical standards

3(1)

A person who applies for or holds an electrical permit may apply for a dispute resolution hearing respecting

(a) a decision, order, direction or requirement issued by an approving authority respecting the sufficiency of compliance with the technical requirements of the Manitoba electrical code; or

(b) an allegation that an approving authority failed to meet a performance standard established under section 28.3 or 28.4 of The Manitoba Hydro Act.

Dispute resolution for orders re electrical standards

3(2)

A person who is the subject of an order, direction or requirement issued by an approving authority respecting the sufficiency of compliance with the technical requirements of the Manitoba electrical code may apply for a dispute resolution hearing respecting that order, direction or requirement.

No dispute resolution hearing on other issues

4

A dispute resolution hearing may be held only in respect of a matter set out in section 2 or 3.

Application

5(1)

An application for a dispute resolution hearing must be made in writing to the minister in accordance with the regulations.

Application deadline

5(2)

An application for a dispute resolution hearing respecting a decision, order, direction or requirement issued by an approving authority must be made within 60 days after the decision, order, direction or requirement was issued.

DISPUTE RESOLUTION HEARINGS

Dispute resolution hearing

6(1)

The adjudicator selected to resolve a dispute must hold a hearing that gives the applicant and the approving authority an opportunity to present evidence and make submissions respecting the matter in dispute.

Deadline to set hearing

6(2)

The adjudicator must hold a dispute resolution hearing within a period prescribed by regulation after the application for the hearing was made.

Conduct of hearing

6(3)

Subject to the regulations, the adjudicator may determine the procedure at a dispute resolution hearing.

Hearing may be conducted orally or in writing

6(4)

The adjudicator may conduct the dispute resolution hearing orally, or in writing, or partly orally and partly in writing.

Use of technology

6(5)

The adjudicator may allow a party to be heard by telephone or through the use of a video or audio link or other available electronic means.

Representation

6(6)

A party at the dispute resolution hearing may be heard in person or be represented by an agent at the hearing.

Notice of hearing

7

The adjudicator must give written notice of the dispute resolution hearing to the parties. The notice must specify the manner in which the hearing is to be conducted and any procedural requirements respecting the hearing.

Independent advice

8

The adjudicator may seek independent technical advice respecting the matter in dispute, but the nature of the advice must be provided to the parties to allow the parties to make submissions to the adjudicator in relation to that advice.

ORDERS

Orders

9(1)

After a dispute resolution hearing, the adjudicator must issue an order that

(a) confirms, varies or sets aside the decision, order, direction or requirement in question; or

(b) in the case a dispute respecting compliance with a performance standard, determines whether the applicable performance standard was met.

Orders re performance standards

9(2)

If the adjudicator determines that the performance standard was not met, the adjudicator may order the approving authority to make a decision respecting the application for the permit or conduct an inspection by a specified date.

Written reasons

9(3)

The adjudicator must provide the parties with written reasons for the order.

Deadline

9(4)

The adjudicator must issue their order and written reasons within the period prescribed by regulation after the conclusion of the dispute resolution hearing.

Orders and reasons publicly available

9(5)

The minister must ensure that all orders and written reasons issued by adjudicators are available to the public.

Cost of hearing

10(1)

The cost of a dispute resolution hearing is to be determined in accordance with the regulations.

Order to address payment of hearing costs

10(2)

The adjudicator's order must specify the portion of the cost of the dispute resolution hearing to be paid by each party.

Considerations

10(3)

The adjudicator has complete discretion to determine the allocation of costs between the parties. The adjudicator may consider the outcome of the dispute, the conduct of each party and any other factors the adjudicator considers relevant.

Payment to adjudicator

10(4)

A party who is ordered to pay some or all of the costs of a dispute resolution hearing must pay the costs specified in the order no later than 30 days after the order is issued.

PROCEDURAL ISSUES RE DISPUTE RESOLUTION

No council involvement re disputes

11

Disputes respecting the matters set out in section 2 or 3 must not be the subject of a review or appeal process established by an approving authority in which a member of a municipal council makes a decision on those matters.

Order binding

12

The adjudicator's order is binding on the parties and the matter in dispute is not subject to any further appeal or review process of an approving authority.

ADJUDICATORS

Adjudicators

13(1)

The minister must appoint persons as adjudicators to resolve disputes respecting the matters set out in sections 2 and 3.

Adjudicators to have relevant expertise

13(2)

A person appointed as an adjudicator

(a) to resolve disputes under section 2 must have extensive expertise with building construction codes and building construction standards; and

(b) to resolve disputes under section 3 must have extensive expertise with the Manitoba electrical code.

Term

13(3)

An adjudicator must be appointed for a term of not more than three years and continues to hold office until re-appointed or replaced.

Termination only for cause

13(4)

The appointment of an adjudicator must not be terminated except for cause.

Selecting adjudicator

14(1)

When an application for a dispute resolution hearing is submitted, the minister must select an adjudicator to resolve the dispute who has relevant expertise with the subject matter of the dispute.

Conflict of interest

14(2)

An adjudicator may not be selected to resolve a dispute if they are reasonably apprehended to have a bias or an interest in relation to a matter in dispute.

MISCELLANEOUS PROVISIONS

Protection from liability

15

No action or proceeding may be brought against an adjudicator or any other person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Regulations

16

The minister may make regulations

(a) respecting applications for a dispute resolution hearing, including the information, documents and other things that must be contained in an application;

(b) prescribing the time period within which a dispute resolution hearing must be held after an application for a hearing is made;

(c) respecting procedures at dispute resolution hearings;

(d) prescribing the time period after a dispute resolution hearing within which an adjudicator must issue their order and written reasons;

(e) determining the cost of a dispute resolution hearing, which may be based on

(i) the type of dispute,

(ii) the manner in which a hearing is conducted or the duration of the hearing, or

(iii) the amount or scope of work that is the subject of the dispute;

(f) prescribing additional qualifications for adjudicators;

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

(h) respecting any matter that the minister considers necessary or advisable to carry out the purposes of this Act.

TRANSITIONAL PROVISION, C.C.S.M. REFERENCE AND COMING INTO FORCE

Transitional — no dispute resolution hearings

17

A dispute resolution hearing must not be held in respect of

(a) a decision, order, direction or requirement issued by an approving authority before the coming into force of this section; or

(b) an allegation that an approving authority failed to meet a performance standard before the coming into force of this section.

C.C.S.M. reference

18

This Act may be referred to as chapter P32.5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

19

This Act comes into force on a day to be fixed by proclamation.


SCHEDULE B

THE BUILDINGS AND MOBILE HOMES AMENDMENT ACT

C.C.S.M. c. B93 amended

1

The Buildings and Mobile Homes Act is amended by this Schedule.

2

The title is amended by striking out "AND MOBILE HOMES".

3

The centred heading "INTRODUCTORY PROVISIONS" is added before section 1.

4

Section 1 is amended

(a) in the definition "building", by replacing clauses (b) and (c) with the following:

(b) a manufactured building, or

(c) a prescribed structure;

(b) in the definition "building construction code", by adding "adopted, established or prescribed under section 3" after "construction standards";

(c) in the part before clause (a) of the definition "building construction standard", by adding "adopted, established or prescribed under section 3" after "means a standard";

(d) by repealing the definitions "factory built buildings", "mobile home", "renovation" and "repair";

(e) by replacing the definition "inspector" with the following:

"inspector" means a person appointed under subsection 7(1); (« inspecteur »)

(f) by adding the following definitions:

"approving authority" means

(a) the director,

(b) a municipality, or

(c) a planning district established under The Planning 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 occupancy of a building; (« permis de construction »)

"director" means the director appointed under section 2.1; (« directeur »)

"manufactured building" means a building manufactured entirely or in part at an off-site location; (« bâtiment fabriqué en usine »)

"occupancy permit" means a permit that authorizes the use or occupancy of a building; (« permis d'occupation »)

"prescribed" means prescribed by regulation made under this Act;

5

The following is added after section 2:

Appointment of director

2.1(1)

A director whose function is to administer and enforce this Act must be appointed under The Civil Service Act.

Powers

2.1(2)

The director has the powers of an inspector under this Act.

Delegation of powers

2.1(3)

The director may, in writing, delegate to any person the powers and duties conferred or imposed on the director under this Act, except

(a) reconsideration of a decision on a permit application under section 6.1; and

(b) review of an inspector's requirement under section 8.

6

The centred heading "BUILDING STANDARDS" is added before section 3.

7(1)

Subsection 3(2) is replaced with the following:

Subsequent changes in adopted standards

3(2)

Subject to the regulations, the adoption of an established building construction code or building construction standard under clause (1)(a), whether in whole or in part or if altered under clause (1)(b), is deemed to be an adoption of any prior or subsequent amendment to the code or standard made by the organization or body that established the code or standard.

7(2)

The following is added after subsection 3(2):

Deemed adoption of new codes and standards

3(2.1)

If the organization or body that established a building construction code or building construction standard that was adopted under clause (1)(a) publishes a new edition of the code or standard, the new edition is deemed to have been adopted

(a) 24 months after the day it was first published, if it was first published between January 1, 2020, and January 1, 2025; or

(b) 18 months after the day it was first published, if it was first published on or after January 1, 2025.

The adoption is deemed to be subject to any alterations that may have been made to the previous code or standard under clause (1)(b), with necessary changes.

8

The centred heading "BUILDING PERMITS AND OCCUPANCY PERMITS" is added before section 5.

9(1)

Subsection 5(1) is amended

(a) in the section heading, by striking out "by minister" and substituting "requiring issuance of permits";

(b) by striking out "the minister may designate" and substituting "the Lieutenant Governor in Council may make regulations designating";

(c) by striking out "which permits" and substituting "which building permits"; and

(d) by striking out "and the minister" and substituting "and the director".

9(2)

Subsections 5(2) to (4) are amended by striking out "fire commissioner" and substituting "director".

9(3)

Subsection 5(5) is repealed.

10(1)

Subsection 6(1) is amended

(a) by replacing the section heading with "Building permits";

(b) in the part before clause (a),

(i) by striking out "the minister may issue a permit, in a form prescribed by the minister and authorizing" and substituting "the director may issue a building permit that authorizes", and

(ii) by striking out "submits to the minister" and substituting "submits to the director";

(c) in clause (a), by striking out everything after "on a form" and substituting "approved by the director; and";

(d) by replacing clause (b) with the following:

(b) a set of plans in a form specified by the director, along with such duplicate sets as the director may require, that show that the proposed work or change in occupancy complies with the provisions of this Act and the regulations;

(e) in the part after clause (b), by striking out everything after "remits" and substituting "the prescribed fee to the director.".

10(2)

Subsection 6(2) is amended

(a) in the part before clause (a),

(i) by striking out "the minister may issue" and substituting "the director may issue", and

(ii) by striking out ", in a form prescribed by the minister and authorizing" and substituting "that authorizes";

(b) by striking out "and" at the end of clause (a);

(c) in clause (b),

(i) by striking out "the minister" wherever it occurs and substituting "the director", and

(ii) in the French version,

(A) by striking out "précisées dans le permis ou prescrites par les règlements" and substituting "réglementaires ou indiquées dans le permis", and

(B) by striking out "la Loi" and substituting "la présente loi"; and

(d) in clause (c), by striking out everything after "remits" and substituting "the prescribed fee to the director.".

10(3)

Subsection 6(3) is amended

(a) by striking out "A permit" and substituting "A building permit";

(b) by striking out "minister" and substituting "director"; and

(c) by striking out "the permit" and substituting "the building permit".

10(4)

Subsection 6(4) is amended by striking out "any permits" and substituting "any building permits".

10(5)

Subsection 6(5) is amended

(a) by striking out "Every permit" and substituting "Every building permit"; and

(b) by striking out "the permit" and substituting "the building permit".

11

The following is added after section 6:

Request for reconsideration of permit decisions

6.1(1)

A person who disagrees with a decision of the director on an application for a building permit or occupancy permit may request that the director reconsider the decision.

Request requirements

6.1(2)

A request for reconsideration must be made in writing and must set out the reasons why the director should reconsider the decision.

Decision on reconsideration

6.1(3)

Following a reconsideration, the director may

(a) confirm the original decision; or

(b) make any decision that could have been made on the application.

Written reasons

6.1(4)

The director must give written reasons for the decision.

12

The centred heading "INSPECTORS AND ADMINISTRATION" is added before section 7.

13

Section 7 is replaced with the following:

Appointment of inspectors

7(1)

The minister may appoint any person as an inspector for the purpose of this Act.

Designation

7(2)

The minister may designate a person or class of persons to act as an inspector in relation to any matter referred to in the designation.

Powers of inspector

7(3)

For the purposes of this Act, an inspector has all the powers of an inspector appointed under The Labour Administration Act.

14

Section 8 is replaced with the following:

Review of inspector's requirement

8(1)

The director may review any requirement imposed on a person by an inspector under this Act, upon receiving a written request from that person.

Director's decision on review

8(2)

After a review, the director may do one or both of the following:

(a) confirm, vary or rescind the inspector's requirement;

(b) allow additional time for the person to comply with a requirement imposed by the inspector.

15(1)

Subsection 9(1) is amended

(a) in the section heading, by striking out "Minister" and substituting "Director"; and

(b) by striking out "minister" wherever it occurs and substituting "director".

15(2)

Subsection 9(2) is repealed.

15(3)

Subsection 9(3) is amended

(a) by striking out "minister" and substituting "director"; and

(b) in the French version, by striking out "la Loi" and substituting "la présente loi".

16

Sections 12 and 13 are repealed.

17

The centred heading "OFFENCES" is added before section 14.

18

Section 14 of the French version is amended

(a) by striking out "arrêtés" and substituting "ordres"; and

(b) by striking out "arrêté" and substituting "ordre".

19

The following is added after section 14:

PERFORMANCE STANDARDS

Notice on whether application complete

14.1(1)

When an application for a building permit or occupancy permit is submitted, an approving authority must notify the applicant within the time period specified in the regulations and advise whether the application is complete.

When application is complete

14.1(2)

For the purpose of subsection (1), an application is complete if it contains the documents and other information necessary to make a decision on the application.

Notice of deficiencies

14.1(3)

If an approving authority determines that an application is incomplete, the notification under subsection (1) must specify the information or other documents that must be provided.

Deadline for permit application decisions

14.2(1)

Except in circumstances specified by regulation, an approving authority must make a decision on an application for a building permit or occupancy permit within the time period specified in the regulations after a complete application has been submitted.

Written reasons for refusal required

14.2(2)

If an application for a building permit or occupancy permit is refused, the approving authority must give the applicant written reasons for the refusal.

Notice of readiness for inspection

14.3(1)

If an approving authority requires one or more inspections to be completed at specified stages of construction authorized under a building permit, the holder of the permit must notify the approving authority when the construction is ready for inspection.

Deadline for completing inspections

14.3(2)

Except in circumstances specified by regulation, when notice under subsection (1) has been provided, the approving authority must conduct an inspection within the time period specified in the regulations.

Regulations re performance standards

14.4(1)

The Lieutenant Governor in Council may make regulations for the purpose of sections 14.1 to 14.3

(a) specifying the time period within which an applicant must be notified as to whether an application for a building permit or occupancy permit is complete;

(b) specifying the time period within which a decision on an application for a building permit or occupancy permit must be made;

(c) specifying the time period within which inspections related to building permits or occupancy permits must be conducted;

(d) specifying circumstances when the time periods set out in clauses (a) to (c) are suspended;

(e) specifying circumstances in which a decision on an application for a building permit or occupancy permit or an inspection is not required within a prescribed time period.

Differing performance standards

14.4(2)

A regulation under subsection (1) may establish different time periods within which the matters set out in clauses (a) to (c) are to occur, based on

(a) the geographic area where the work is to be performed;

(b) the size or complexity of the work to be performed; or

(c) other factors that the Lieutenant Governor in Council considers appropriate.

MISCELLANEOUS PROVISIONS

Dispute resolution

14.5

The following persons may apply for dispute resolution under The Permit Dispute Resolution Act:

(a) a person whose application for a building permit or occupancy permit was refused for reasons relating to the sufficiency of compliance with the technical requirements of a building construction code or building construction standard;

(b) a person who is the subject of an order, direction or requirement issued by an approving authority respecting the sufficiency of compliance with the technical requirements of a building construction code or building construction standard;

(c) a person who alleges that an approving authority has failed to meet a performance standard established under section 14.2 or 14.3.

Protection from liability

14.6

No action or proceeding may be brought against the director, an inspector or any other person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

20(1)

Subsection 15(1) is amended

(a) by repealing clause (a);

(b) in clause (d), by striking out "any permit" and substituting "a building permit";

(c) by repealing clause (f);

(d) in clause (g),

(i) by striking out "factory built building" and substituting "manufactured building", and

(ii) by striking out "minister" and substituting "director"; and

(e) by adding the following after clause (g):

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

(i) prescribing anything referred to in this Act as being prescribed;

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

20(2)

Subsection 15(2) is repealed.

21

The following is added as section 16:

C.C.S.M. reference

16

This Act may be referred to as chapter B93 of the Continuing Consolidation of the Statutes of Manitoba.

CONDITIONAL AMENDMENTS

Conditional amendment to this Act

22(1)

This section applies if

(a) Bill 3, introduced in the Third Session of the 42nd Legislature and titled The Public Service Act, receives royal assent; and

(b) section 13 of that Act comes into force before section 5 of this Act comes into force.

22(2)

Subsection 2.1(1), as enacted by section 5 of this Act, is amended by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

Conditional amendment to Buildings Act

23(1)

This section applies if

(a) Bill 3, introduced in the Third Session of the 42nd Legislature and titled The Public Service Act, receives royal assent; and

(b) section 13 of that Act comes into force after section 5 of this Act comes into force.

23(2)

Subsection 2.1(1) of The Buildings Act is amended by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. A130 amended

24

The Architects Act is amended by striking out "The Buildings and Mobile Homes Act" and substituting "The Buildings Act" in the following provisions:

(a) clause 25(1)(a);

(b) the definitions "authority having jurisdiction" and "farm building" in subsection 25(3).

C.C.S.M. c. M225 amended

25

Clause (a) of definition "building standard" in section 385 of The Municipal Act is amended by striking out "The Buildings and Mobile Homes Act" and substituting "The Buildings Act".

C.C.S.M. c. M226 amended

26

The definition "mobile home" in subsection 1(1) of The Municipal Assessment Act is replaced with the following:

"mobile home" means a portable dwelling unit that

(a) is capable of being transported on its own chassis and running gear by towing or other means,

(b) is placed on the chassis or body of a motor vehicle, or

(c) forms part of a motor vehicle,

and is designed to be used as living quarters or as accommodation for travel, recreation or vacation purposes, but does not include a mobile home that is registered as a trailer under The Drivers and Vehicles Act; (« maison mobile »)

C.C.S.M. c. N100 amended

27

Clause (a) of definition "building standard" in section 208 of The Northern Affairs Act is amended by striking out "The Buildings and Mobile Homes Act" and substituting "The Buildings Act".

S.M. 2002, c. 39 amended

28

Subsection 157(2) of The City of Winnipeg Charter is amended by striking out "The Buildings and Mobile Homes Act" and substituting "The Buildings Act".

COMING INTO FORCE

Coming into force

29

This Act comes into force on a day to be fixed by proclamation.


SCHEDULE C

THE MANITOBA HYDRO AMENDMENT ACT

C.C.S.M. c. H190 amended

1

The Manitoba Hydro Act is amended by this Schedule.

2

Section 1 is amended by adding the following definitions:

"electrical permit" means a permit respecting electric wiring and related facilities issued by

(a) the corporation under section 25, or

(b) The City of Winnipeg under its by-laws; (« permis d'électricité »)

"Manitoba electrical code" means the standards for the construction, installation, maintenance, repair, extension, alteration and use of electric wiring and related facilities established by regulation under section 28; (« Code de l'électricité du Manitoba »)

3

The centred heading before section 25 is amended by striking out "WIRING" and substituting "ELECTRICAL".

4(1)

Subsection 25(1) is amended

(a) in clause (a), by striking out "a wiring permit" and substituting "an electrical permit";

(b) in clauses (c) and (e), by striking out "wiring permits" and substituting "electrical permits"; and

(c) in clause (f), by striking out "a wiring permit" and substituting "an electrical permit".

4(2)

Subsection 25(3) is amended by striking out "a wiring permit" and substituting "an electrical permit".

4(3)

Subsection 25(4) is amended by striking out "a wiring permit" and substituting "an electrical permit".

4(4)

Subsection 25(5) is amended

(a) in the part before clause (a) of the French version, by striking out "du matériel connexe utilisant ou destiné à utiliser de l'énergie, du filage ou du matériel connexe autre que celui" and substituting "des intallations connexes utilisant ou destinés à utiliser de l'énergie, du filage ou des installations autres que ceux";

(b) by replacing clause (a) with the following:

(a) the issuance of an electrical permit;

(c) in clause (c) of the English version, by striking out "issue" and substituting "issuance"; and

(d) by replacing clause (e) with the following:

(e) the failure to issue an electrical permit, make an inspection or test or issue a certificate of approval;

5

Section 28 and the centred heading before it are replaced with the following:

MANITOBA ELECTRICAL CODE

Manitoba electrical code

28(1)

The Lieutenant Governor in Council may make regulations establishing standards for the construction, installation, maintenance, repair, extension, alteration and use of electric wiring and related facilities that are, or are intended to be, connected to the corporation's electric grid in Manitoba.

Adoption of code

28(2)

A regulation under subsection (1) may adopt by reference, in whole or in part, any code, rule or standard prepared and published by the Canadian Standards Association or a similar association, and may adopt it as amended from time to time subject to any changes that the Lieutenant Governor in Council considers necessary or advisable.

6

The following is added after section 28 as part of Part II:

City of Winnipeg must adopt code

28.1(1)

The City of Winnipeg must, by by-law, adopt the Manitoba electrical code for the City of Winnipeg.

Contents of by-law

28.1(2)

The City of Winnipeg must make by-laws to implement the Manitoba electrical code within the City of Winnipeg, including by-laws

(a) requiring electrical permits for electric wiring and related facilities;

(b) requiring plans and specifications for electric wiring and related facilities;

(c) respecting the inspection, testing and approval of electric wiring and related facilities.

City to enforce code

28.1(3)

The City of Winnipeg must enforce the Manitoba electrical code within the City of Winnipeg.

PERFORMANCE STANDARDS

Notice on whether application complete

28.2(1)

When an application for an electrical permit is submitted, the corporation or The City of Winnipeg must notify the applicant within the time period specified in the regulations and advise whether the application is complete.

When application is complete

28.2(2)

For the purpose of subsection (1), an application is complete if it contains the documents and other information necessary to make a decision on the application.

Notice of deficiencies

28.2(3)

If the corporation or The City of Winnipeg determines that an application is incomplete, the notification under subsection (1) must specify the information or other documents that must be provided.

Deadline for permit application decisions

28.3(1)

Except in circumstances specified by regulation, the corporation or The City of Winnipeg must make a decision on an application for an electrical permit within the time period specified in the regulations after a complete application has been submitted.

Written reasons for refusal required

28.3(2)

If an application for an electrical permit is refused, the corporation or The City of Winnipeg must give the applicant written reasons for the refusal.

Notice of readiness for inspection

28.4(1)

If the corporation or The City of Winnipeg requires one or more inspections to be completed at specified stages of work authorized under an electrical permit, the holder of the electrical permit must notify the corporation or The City of Winnipeg when the work is ready for inspection.

Deadline for completing inspections

28.4(2)

Except in circumstances specified by regulation, when notice under subsection (1) has been provided, the corporation or The City of Winnipeg must conduct an inspection within the time period specified in the regulations.

Regulations re performance standards

28.5(1)

The Lieutenant Governor in Council may make regulations for the purpose of sections 28.2 to 28.4

(a) specifying the time period within which an applicant must be notified as to whether an application for an electrical permit is complete;

(b) specifying the time period within which a decision on an application for an electrical permit must be made;

(c) specifying the time period within which inspections related to electrical permits must be conducted;

(d) specifying circumstances when the time periods set out in clauses (a) to (c) are suspended;

(e) specifying circumstances in which a decision on an application for an electrical permit or an inspection is not required within a prescribed time period.

Differing performance standards

28.5(2)

A regulation under subsection (1) may establish different time periods within which the matters set out in clauses (a) to (c) of that subsection are to occur, based on

(a) the geographic area where the work is to be performed;

(b) the size or complexity of the work to be performed; or

(c) other factors that the Lieutenant Governor in Council considers appropriate.

DISPUTE RESOLUTION

Dispute resolution

28.6

The following persons may apply for dispute resolution under The Permit Dispute Resolution Act:

(a) a person whose application for an electrical permit was refused by the corporation or The City of Winnipeg for reasons relating to the sufficiency of compliance with the technical requirements of the Manitoba electrical code;

(b) a person who is the subject of an order, direction or requirement issued by the corporation or The City of Winnipeg respecting the sufficiency of compliance with the technical requirements of the Manitoba electrical code;

(c) a person who alleges that the corporation or The City of Winnipeg has failed to meet a performance standard established under section 28.3 or 28.4.

7

Section 52 is amended by adding the following after clause (e):

(f) prescribing terms and conditions relating to the supply of power by or to the corporation;

Coming into force

8

This Act comes into force on a day to be fixed by proclamation.