Manitoba Building and Electrical Permitting Act Overview
The Building and Electrical Permitting Improvement Act aims to streamline permitting processes in Manitoba, ensuring timely inspections and adherence to codes. Key components include permit dispute resolution and performance standards.
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Presentation Transcript
The Building and Electrical Permitting Improvement Act The Permit Dispute Resolution Regulation The Performance Standards Regulation Labour and Immigration-Inspection and Technical Services
Background Background The Building and Electrical Permitting Improvement Act received Royal Assent on May 20, 2021, and was brought forward by government to addresses key recommendations from the 2019 Treasury Board Secretariat review of planning, zoning and permitting practices in Manitoba. The Building and Electrical Permitting Improvement Act creates a process to hear appeals of permitting decisions and orders related to building and electrical codes by independent adjudicators and creates the authority to establish performance standards through regulations. Schedule A of The Building and Electrical Permitting Improvement Act: Creates a new act (The Permit Dispute Resolution Act) to resolve disputes related to building and electrical permits. Expert adjudicators will be appointed to conduct hearings and to 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.
Background Background Schedule B of The Building and Electrical Permitting Improvement Act: Makes a number of changes to The Buildings Act, including mandating provincial and municipal officials to conduct inspections and make decisions on applications for building permits and occupancy permits within time periods specified in the new Performance Standards Regulation. It also makes a number of technical and administrative changes to The Buildings Act, including: 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 Buildings Act; and requiring the automatic adoption of new editions of construction codes by a specified date. Schedule C of The Building and Electrical Permitting Improvement Act: Amends The Manitoba Hydro Act to require one electrical code for the province, moves the authority from Manitoba Hydro s Board to the Lieutenant-Governor in Council for establishing this code, and requires the City of Winnipeg to both adopt by-laws to implement the Manitoba electrical code within the City of Winnipeg and to implement service standards for electrical permitting. (Schedule C of The Building and Electrical Permitting Improvement Act will be brought forward at a later date following the development of the associated regulation by the Department of Finance).
Legislative Framework Legislative Framework In order to implement the changes in Schedules A and B of The Building and Electrical Permitting Improvement Act, two new regulations were created: The Permit Dispute Resolution Regulation, under the new Permit Dispute Resolution Act. The Performance Standards Regulation, under The Buildings Act.
Legislative Framework Legislative Framework The Permit Dispute Resolution Regulation: The Permit Dispute Resolution Regulation lays out the processes to apply for a permit dispute resolution hearing, the timeframes for which a hearing must be held by an adjudicator-depending on the nature of the dispute-and the costs associated with the adjudication process (the adjudicator will bill parties directly for their services). Dispute Resolution Hearing: An adjudicator must hold a dispute resolution hearing within the time period indicated in Column 2: COLUMN 1 Provision Hearing: Technical requirements of building standards Hearing: Failure to meet performance standard for building standards Hearing: Orders for building standards COLUMN 2 Time Period 30 days 15 days 30 days Note-It is anticipated that timeframes associated with decisions on matters related to electrical permitting and disputes involving electrical permitting performance standards will be added to the Permit Dispute Resolution Regulation in 2024.
Legislative Framework Legislative Framework Deadline to Issue an Order: An adjudicator must issue their order and written reasons within 15 days after the conclusion of the dispute resolution hearing. Cost of the Hearing: The cost for a dispute resolution hearing is $450 for a hearing up to two hours in length, plus $112.50 for each additional half-hour, up to a maximum of $2,250 per hearing.
Legislative Framework Legislative Framework The Performance Standard Regulation: The Performance Standards Regulation lays out the timeframes for which a permitting authority must notify the applicant if their application for a building or occupancy permit is complete, whether the application is approved and, at the request of the applicant, conduct an inspection. Phased Implementation: The Performance Standards Regulation outlines a phased implementation approach to assist permitting authorities in meeting these new requirements. Phase 1(March 1, 2024- February 28, 2025) Phase 2 (March 1, 2025 and onward)
Legislative Framework Legislative Framework The performance standards in the Performance Standards Regulation are as follows: Performance Standard Category Class of Building Phase 1 (March 1, 2024- February 28, 2025) 5 business days Phase 2 (March 1, 2025 and onward) 2 business days Timeframe for which a permitting authority must notify the applicant if their application for a building permit is complete. Timeframe for which a permitting authority must notify the applicant if their application for a building permit is approved. All applications Detached and semi-detached houses, townhouses or row houses where no dwelling unit is located above another dwelling unit and associated accessory structures 25 business days 10 business days Part 9 buildings other than those listed in the row above 25 business days 15 business days Part 3 buildings 30 business days 30 business days 2 business days 2 business days 10 business days Timeframe for which a permitting authority must, at the request of the applicant, conduct an inspection. Timeframe for which a permitting authority must notify the applicant if their application for an occupancy permit is approved. Residential Commercial All applications 6 business days 4 business days 10 business days
Legislative Framework Legislative Framework Exclusions: The timeframes in the Performance Standards Regulation may be extended by an agreement, in writing, between the applicant and the approving authority. The timeframes for an approving authority to conduct an inspection do not apply if the building is located more than 200 kilometres from the office of the approving authority, if the applicant has requested that inspections of the building occur outside of the approving authority's business hours or if the applicant has requested that the inspection of the building occur at a later date. Implementation Implementation These changes will come into force on March 1, 2024.
Links: Links: News Release: Province of Manitoba | News Releases | Manitoba Government Implements Legislative, Regulatory Changes to Enhance Building Permitting Processes Manitoba Laws The Buildings Act -C.C.S.M. c. B93 (gov.mb.ca) The Performance Standards Regulation-Performance Standards Regulation, M.R. 103/2023 (gov.mb.ca) The Permit Dispute Resolution Act-S.M. 2021, c. 37 (gov.mb.ca) The Permit Dispute Resolution Regulation -M.R. 112/2023, Permit Dispute Resolution Regulation (gov.mb.ca) Background Information: Province of Manitoba | Labour | Labour and Immigration | Building Codes (gov.mb.ca) Guide FAQ Fact Sheet PowerPoint Additional Information: Province of Manitoba | Labour | Labour and Immigration | Building Codes (gov.mb.ca) Adjudicator-Applicant Information Form Adjudicator-General Information Sheet (Permit Dispute Resolution Hearing)
