Proposed Changes to Manitoba's Building Permitting System
Bill 38, "The Building and Electrical Permitting Improvement Act," introduces the Permit Dispute Resolution Act in Manitoba. This act allows for appeals to an adjudicator regarding building code compliance and performance standards under the Buildings Act. The adjudicator can confirm, vary, or set aside decisions made by the approving authority. Regulations will provide details on hearing procedures and documentation requirements. Building officials will face increased scrutiny and must provide thorough documentation to support their decisions. Amendments to the Buildings Act include imposing performance standards for officials.
- Permit Dispute Resolution
- Building Code Compliance
- Manitoba
- Building Permitting
- Performance Standards
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Presentation Transcript
BILL 38 THE BUILDING AND ELECTRICAL PERMITTING IMPROVEMENT ACT PROPOSED CHANGES TO MANITOBA S BUILDING PERMITTING SYSTEM
Permit Dispute Resolution Act Building code disputes, not Zoning By-law disputes. Provides for an appeal to a Provincially appointed adjudicator to determine disputes over decisions made by an approving authority respecting building and occupancy permits, and whether an approving authority failed to meet new performance standards set out under the Buildings Act (formerly the Building and Mobile Homes Act).
Permit Dispute Resolution Act Who can appeal? Permit applicant, owner of land and, it appears, a sub-contractor. What can they appeal? Any order, decision, direction or requirement issued by the building official respecting compliance with the building code or construction standards, and whether the approving authority failed to meet new performance standards set out under the Buildings Act. When: Within 60 days.
Permit Dispute Resolution Act What does the approving authority have to do? Present evidence and make submissions supporting its decision, order or requirement. Who decides? An adjudicator appointed by the Province will hold a hearing, hear from the parties, consider the evidence and make a decision. Adjudicator to have experience relevant to the nature of the dispute. What can the adjudicator decide? Confirm, vary, or set aside any decision, order, direction or requirement or whether the approving authority complied with the performance standard. If a performance standard was not met, the authority can be ordered to make a decision by a fixed date. What about costs? The adjudicator can order who is to pay for the costs of the adjudication. If it works like the Court, the loser pays the costs.
Permit Dispute Resolution Act Regulations to come to provide detail concerning time period for the hearing, the documents or information to be filed, and procedure at the dispute hearing. Not clear from Act whether adjudicator can make the actual decision if municipality did not make a decision on the permit application. Big obligation for building officials re documentation and information. Need to document and support decisions, actions in writing as now will be scrutinized by adjudicator. Time, resources, requirement to participate in hearings.
BUILDINGS ACT Several amendments. Most significant: imposing Performance Standards building officials must meet. Complete applications: time limit will run from the date the application is made where the Building Officials must advise the applicant whether the application is complete and if not complete why. Definition of complete not that helpful is complete if it contains the documents and other information necessary to make a decision on the application . Decision on application: decisions must be made within a certain time frame (to be set by Regulation). If refuse, must give written reasons for refusal. Does say the holder of the permit has to notify the building official when the construction is ready for inspection. This triggers a deadline for the building official to carry out the inspection (again set by Regulation). Interesting: Province may establish different time periods based on factors such as geographic area, size or complexity of the work and any other factor the Province considers appropriate.
