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This version was current from June 11, 2009 to June 13, 2012.
Note: It does not reflect any retroactive amendment enacted after June 13, 2012.
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C.C.S.M. c. B93
The Buildings and Mobile Homes Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"board" means The Building Standards Board for which provision is made in section 11; (« Commission »)
(a) a building or structure used or to be used for dwelling, public or commercial purposes, or a combination of all or any of those purposes, or
(b) a prefabricated building or structure of the kind described in clause (a), or
(c) a mobile home; (« bâtiment »)
"building construction code" means a code of building construction standards; (« code du bâtiment »)
"building construction standard" means a standard for
(a) construction materials, or plumbing or electrical materials or installations, or equipment or appliances, or any combination thereof, to be used or installed in any building or part of a building,
(a.1) the energy and water efficiency of a building or part of a building, or
(b) the method to be used in the construction or demolition of any building or part of a building; (« norme de construction des bâtiments »)
"factory built buildings" means buildings which are manufactured either wholly or in part, at an off-site location; (« bâtiment usiné »)
"farm building" means a building or structure, other than a dwelling, situated on a farm and used or to be used in the actual farming operation; (« bâtiment de ferme »)
"inspector" means an inspector appointed under The Department of Labour and Immigration Act; (« inspecteur »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"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, or
(b) is placed on the chassis or body of a motor vehicle, or
(c) forms part of a motor vehicle,
and is designated to be used as living quarters or as accommodation for travel, recreation or vacation purposes; (« maison mobile »)
"municipality" means any locality, the inhabitants of which are incorporated and continued under the authority of The Municipal Act or some other Act of the Legislature, including any local government district, rural municipality, incorporated city, town, village or suburban municipality, or, where the context so requires, the area of any municipality; (« municipalité »)
"renovation" means a renovation as defined in the regulations; (« rénovation »)
"repair" means a repair as defined in the regulations. (« réparations »)
Subject to subsection (2), this Act applies to the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, occupancy or change in occupancy of any building or addition to a building.
This Act does not apply to
(a) a farm building having a building area that is less than the prescribed building area; or
(b) any building or class of buildings excluded by the regulations; or
(c) any part of the province or any municipality excluded by the regulations; or
(d) any of the things set out in subsection (1) the doing of which was commenced or completed before June 14, 1974.
Notwithstanding clause (2)(d), where in the opinion of an inspector a building or portion of a building, whether the work in respect thereof was commenced or completed before or after June 14, 1974 constitutes a safety hazard, the inspector may require such steps to be taken, in accordance with any applicable building construction code or building construction standard adopted, established or prescribed under section 3, as are necessary in his opinion to remove the hazard.
For the purposes of this Act, the Lieutenant Governor in Council may, by regulation,
(a) adopt any established building construction code or building construction standard, in whole or in part, for use in the province or any part of the province or any municipality;
(b) prescribe variations in, additions to or deletions from any building construction code or building construction standard adopted under clause (a);
(c) establish or prescribe any building construction code or building construction standard for use in the province, or any part of the province, or any municipality.
The adoption of any established building construction code or building construction standard under clause (1)(a), in whole or in part and either in existing form or in a form as altered under clause (1)(b), is, except as otherwise provided in the regulations, deemed to be as well an adoption of
(a) any prior or subsequent amendment made to the code or standard by the establishing organization or body; and
(b) any new code or standard subsequently substituted by the establishing organization or body for the code or standard adopted, and any new code or standard so substituted is deemed to be subject to such alterations, with such modifications as the circumstances require, as may have been made in the adopted code or standard under clause (1)(b).
Notwithstanding anything to the contrary in any other Act of the Legislature, no building construction code or building construction standard adopted, established or prescribed for the province or a part of the province or a municipality by or under that Act before or after the coming into force of this Act has any force or effect unless it is the building construction code or building construction standard adopted, established or prescribed for the province or that part of the province or that municipality, as the case may be, under this section.
Notwithstanding anything to the contrary in any other Act of the Legislature, each municipality unless excluded under clause 2(2)(c) shall adopt and enforce any building construction code or building construction standard adopted, established or prescribed under section 3 for the province or the municipality or the part of the province in which the municipality is situated, and may make such by-laws as are necessary for those purposes.
Notwithstanding section 4, the minister may designate classes of work involved in building construction, or classes of buildings within the province or any part of the province or any municipality with respect to which permits or occupancy permits or both, issued under this Act, are required and the minister or any person or agency acting under his authority shall issue the required permits and administer the regulations with respect to those buildings, areas, or classes of work.
Upon application by a municipality, the minister may rescind the designation of that municipality or area of any part thereof if he is satisfied that the municipality or area can adequately enforce the standards adopted or established under subsections 3(1) and (2).
For the purposes of section 5, and for the purposes of any building or proposed building that is not within a municipality and is not included in a class of buildings designated under section 5, the minister may issue a permit, in a form prescribed by the minister and authorizing the doing of the things specified in the permit, to any person who submits to the minister
(a) a completed application for the permit on a form prescribed and furnished by the minister; and
(b) a set of plans, in such form, together with such number of duplicate sets, as the minister may prescribe, showing to the satisfaction of the minister that the proposed work or change in use or occupancy complies with the provisions of this Act and the regulations;
and remits to the minister such fees as may be prescribed in the regulations.
For the purposes of section 5, and for the purposes of any building or proposed building that is not within a municipality and is not included in a class of buildings designated under section 5, the minister may issue an occupancy permit, in a form prescribed by the minister and authorizing the use or occupancy of the building or place described in the occupancy permit, to any person who
(a) complies with subsection (1); and
(b) completes the doing of the things authorized in the permit issued to the person under subsection (1), in a manner that, to the satisfaction of the minister, is in accordance with the plans submitted under subsection (1) and any conditions specified in the permit or prescribed in the regulations, but subject to any subsequent requirement of an inspector or order of the minister imposed upon or made against the person under this Act; and
(c) remits to the minister such fees as may be prescribed in the regulations.
A permit or occupancy permit issued under this section may be issued subject to such conditions as may be necessary in the opinion of the minister, and those conditions shall be specified in the permit or occupancy permit, as the case may be.
The Lieutenant Governor in Council may, by regulation, prescribe conditions to which all or any permits or occupancy permits issued under this section shall be subject.
Every permit or occupancy permit issued under this section is deemed to be issued subject to any requirement that an inspector may, subsequent to the issuance, deem necessary to meet any condition that was not anticipated in the plans submitted under subsection (1) and that, in the opinion of the inspector, was not foreseeable at the time the permit or occupancy permit was issued.
An inspector may carry out any inspection required for the purposes of this Act.
An inspector, upon presentation of an authorization signed by the minister, may at any reasonable time enter any premises for the purpose of making an inspection under this Act, and any person in charge of the premises shall allow the inspector free access thereto.
The minister may review any requirement imposed by an inspector under this Act, and may confirm the requirement or order the requirement varied or rescinded.
Notwithstanding anything to the contrary in this or any other Act of the Legislature, the minister may review
(a) any permit, occupancy permit or authorization issued by a municipality, authorizing any of the things set out in subsection 2(1); or
(b) any refusal to issue a permit, occupancy permit or authorization of the kind described in clause (a); or
(c) any requirement imposed by a municipality with respect to any of the things set out in subsection 2(1);
and perform or cause to be performed such inspections as he deems necessary for the purposes of the review, and confirm the issuance, refusal or imposition, or order the permit, occupancy permit, authorization or requirement, as the case may be, varied or rescinded.
Any person or municipality having possession of any papers or documents relating to a matter that the minister is reviewing under subsection (2) shall, upon the request of the minister, furnish the papers or documents or copies thereof to the minister.
Where there is a contravention of or failure to observe any provision of this Act, or a regulation, order or requirement made or imposed thereunder, the minister may, at the cost of and upon notice to each person responsible for the contravention or failure, after expiry of a period of time stated in the notice, take such steps or cause to be done such work as may in the opinion of the minister be necessary to remove the contravention.
No liability attaches to the minister or the Crown for any loss or damage resulting to any person from anything done or caused to be done by the minister under subsection (1).
Nothing done or caused to be done by the minister under subsection (1) relieves any person served with a notice under that subsection from any penalty provided for the contravention under this Act.
Service of any notice or document by registered mail addressed to the person being served at his last known address is a sufficient service for all purposes under this Act.
The Lieutenant Governor in Council may appoint such persons as he may determine who, upon appointment, shall constitute and be the members of a board to be known as "The Building Standards Board".
The board may
(a) make rules for its own procedure;
(b) advise the minister on such matters pertaining to building construction codes or building construction standards as he may require;
(c) perform such other duties and functions as the minister may require.
The Lieutenant Governor in Council may appoint one of the members of the board as chairman and another as vice-chairman; the vice-chairman shall perform the duties of the chairman in the absence of the chairman.
Unless he sooner resigns or is removed from office, each member of the board including the chairman and vice-chairman shall hold office for a term of two years from the date of his appointment, and thereafter until his successor is appointed, and may be re-appointed for a further term or terms.
Any vacancy that occurs in the membership of the board shall be filled by a new member appointed by the Lieutenant Governor in Council; and the member so appointed shall hold office for the unexpired balance of the term of the member in respect of whom the vacancy occurred, and thereafter until his successor is appointed.
The members of the board shall receive such remuneration for their services as members of the board as may be fixed by the Lieutenant Governor in Council, and such reimbursement for expenses necessarily incurred in connection with those services as the minister may approve.
A majority of the members of the board is a quorum.
Any person who feels aggrieved by
(a) the issue or refusal of a permit or occupancy permit, or the requirement of an inspector, or an order of the minister, under this Act; or
(b) the issue or refusal of a permit or occupancy permit or authorization, or the imposition of a requirement, of the kind described in subsection 8(2);
and any municipality affected by an order of the minister under this Act, may within 15 days after the issuance or refusal or the making of the requirement or order, as the case may be, apply to the minister for a hearing.
Any hearing under subsection (1) shall be before the minister and shall be held as soon as practicable after the making of the application therefor.
Any party to a hearing under subsection (1) may attend the hearing and, either himself or through counsel, present evidence and make representations thereat in his own behalf.
Upon a hearing under subsection (1) or within a reasonable time thereafter, the minister may make such order with respect to the subject matter of the hearing as he deems fit.
An appeal to a judge of the Court of Queen's Bench may be taken from any order made under section 12; and any appeal under this section shall be initiated by filing an originating notice of motion in the office of the court within 30 days of the making of the order.
Any person who, in contravention of any provision of this Act or a regulation, requirement or order made or imposed thereunder, does or causes to be done or permits the doing of any of the things set out in subsection 2(1), or who contravenes or fails to observe any provision of this Act or a regulation, requirement or order made or imposed thereunder, is guilty of an offence and liable on summary conviction, for each day that the offence continues, to a fine not exceeding $5,000.
For the purposes of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith; and every regulation and order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) defining "renovation" and "repair";
(b) excluding any building or class of buildings or any part of the province or any municipality from the operation of this Act;
(b.1) for the purpose of clause 2(2)(a), prescribing the building area of farm buildings;
(c) adopting, establishing or prescribing
(i) a building construction code,
(ii) a building construction standard, or
(iii) a variation of a code or standard, which, without limitation, may include a requirement for plans, drawings and related documents in relation to a building to be prepared by a member of a specified professional association;
(d) prescribing conditions to which any permit or occupancy permit issued under this Act shall be subject;
(e) prescribing the various fees payable under this Act and the amounts thereof;
(f) requiring a person who sells, leases, or offers for sale or lease, any building that is a mobile home to obtain a permit for the purpose issued by the minister;
(g) requiring a person who sells, leases or offers for sale or lease, any factory built building to obtain a permit for the purpose issued by the minister.
A regulation made under clause (1)(c) or (d) within 90 days after this subsection comes into force, to the extent that it requires plans, drawings or related documents for an alteration of a building to be prepared by a member of a specified professional association, or prescribes conditions for a permit to be issued in respect of such an alteration,
(a) may be made retroactive to the extent necessary for it to apply in respect of any work done before the coming into force of the regulation; and
(b) may validate
(i) any permit, including a building or occupancy permit issued under this Act or a by-law of a municipality, or
(ii) conditions attaching to such a permit,
that would have been valid if the regulation had been in force when the permit was issued.