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Statutes of Newfoundland and Labrador 2006


CHAPTER 10

AN ACT TO AMEND THE BUILDINGS ACCESSIBILITY ACT

(Assented to May 26, 2006)

Analysis


        1.   Long Title R&S

        2.   S.2 Amdt.
Definitions

        3.   S.3 Amdt.
Purpose of Act

        4.   S.4 R&S
Non-application of Act

        5.   S.5 R&S
Application to existing buildings

        6.   S.7 Amdt.
Reconstructed buildings

        7.   S.12 Amdt.
Power of inspector

        8.   S.16 R&S
Fees

        9.   S.17 Amdt.
Appeal to director

      10.   S.18 Amdt.
Advisory board

      11.   S.20 Amdt.
Appeal tribunal

      12.   S.23 Amdt.
Appeal

      13.   S.30 Amdt.
General regulations

      14.   S.33 Amdt.
Offences

      15.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cB-10
as amended

        1. The Long Title of the Buildings Accessibility Act is repealed and the following substituted:

AN ACT RESPECTING ACCESSIBILITY TO BUILDINGS FOR PERSONS WITH DISABILITIES

 

        2. (1) Paragraph 2(f) of the Act is repealed and the following substituted:

              (f)  "department" means the department presided over by the minister;

             (2)  Paragraph 2(j) of the Act is repealed and the following substituted:

              (j)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (3)  Paragraph 2(l) of the Act is repealed and the following substituted:

              (l)  "persons with disabilities" means persons with physical or sensory disabilities;

           (l.1)  "persons with physical disabilities" means persons with mobility impairments, whether they are ambulatory or use a wheelchair, and includes persons with reaching or manipulation disabilities;

           (l.2)  "persons with sensory disabilities" means persons with visual or hearing disabilities;

 

        3. Section 3 of the Act is amended by striking out the words "physically disabled persons" wherever they occur and substituting the words "persons with disabilities".

 

        4. Section 4 of the Act is repealed and the following substituted:

Non-application of Act

        4. Nothing in this Act shall be construed to apply this Act or to enable this Act to apply to private homes, foster homes, boarding houses, lodging houses or bed and breakfast accommodation, except a lodging house, bed and breakfast accommodation or boarding house in which sleeping accommodation is provided for more than 10 boarders, guests or lodgers.

 

        5. Section 5 of the Act is repealed and the following substituted:

Application to existing buildings

        5. (1) This Act does not apply to buildings existing on December 24, 1981 except the buildings or class of buildings that the Lieutenant-Governor in Council may prescribe by regulation.

             (2)  Where, on December 24, 1981, a building conforms to the requirements of this Act and the regulations, the director shall, if of the opinion that a person is causing it to stop conforming with that requirement, direct the person to provide, within the reasonable period that the director may specify and in a manner satisfactory to him or her, the access or facilities in respect of which the building previously conformed to a requirement of this Act and the regulations.

 

        6. Section 7 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  Where a person makes alterations to a building existing prior to December 24, 1981 to improve the availability and accessibility of the building to persons with disabilities, the alterations shall comply with the requirements of this Act.

 

        7. Subsection 12(1) of the Act is repealed and the following substituted:

Power of inspector

      12. (1) An inspector may, for the purposes of this Act and the regulations, and at all reasonable times, on production of proof of his or her appointment as an inspector, enter a building or property for the purpose of inspection or investigation to ensure compliance with this Act and the regulations.

 

        8. Section 16 of the Act is repealed and the following substituted:

Fees

      16. A person who owns a building or his or her agent shall pay the fees, expenses, charges or levies made in accordance with this Act and as prescribed by the minister.

 

        9. Subsection 17(3) of the Act is repealed and the following substituted:

             (3)  The director may confirm, revoke or vary the notice, decision, direction or order and shall provide reasons, in writing, for his or her decision to the aggrieved person.

 

      10. Subsection 18(1) of the Act is repealed and the following substituted:

Advisory board

      18. (1) The Buildings Accessibility Advisory Board consisting of a chairperson, representatives of persons with disabilities, one representative of the department, other than the director, and those other members that the Lieutenant-Governor in Council may appoint is continued.

 

      11. (1) Subsection 20(1) of the Act is repealed and the following substituted:

Appeal tribunal

      20. (1) The Lieutenant-Governor in Council shall appoint an appeal tribunal consisting of a chairperson, a vice-chairperson and 3 persons, one of whom shall be a representative of persons with disabilities.

             (2)  Subsection 20(3) of the Act is repealed and the following substituted:

             (3)  The members of the tribunal shall be appointed for a term of 2 years and are eligible for reappointment.

 

      12. Subsections 23(1) and (2) of the Act are repealed and the following substituted:

Appeal

      23. (1) A notice, decision, direction or order confirmed or varied by the director under section 17 may be appealed to the tribunal by written notice of appeal within 30 days of the director's notice, decision, direction or order.

             (2)  Upon receipt of a notice of appeal under subsection (1) the tribunal shall hear the appeal not later than 30 days after receipt of that notice and shall give its decision, in writing, within 45 days of hearing the appeal.

 

      13. (1) Paragraph 30(1)(f) of the Act is repealed and the following substituted:

              (f)  prescribing the symbols to be used to designate an access to entrances to or facilities in buildings for the convenience of persons with disabilities;

             (2)  Paragraph 30(1)(h) of the Act is repealed and the following substituted:

             (h)  prescribing the areas within a building or premises in which the symbols are to be located in order to designate the access to facilities in relation to a building for the convenience of persons with disabilities;

 

      14. Subsections 33(2), (3) and (4) of the Act are repealed and the following substituted:

             (2)  A natural person who is guilty of an offence is liable on summary conviction to a fine of not less than $500 and not more than $5,000 and as well shall be ordered to have the building which is the subject-matter of the action comply with the requirements prescribed by the Act and regulations within a specified time.

             (3)  A corporation that is guilty of an offence is liable on summary conviction to a fine of not less than $1,000 and not more than $25,000 and as well shall be ordered to have the building which is the subject-matter of the action comply with the requirements prescribed by the Act and regulations within a specified time.

             (4)  A natural person or corporation that is guilty of an offence is liable on summary conviction to a fine, in addition to a fine imposed under subsection (2) or (3), of not less than $200 and not greater than $2,000 a day for every day beyond the time specified for correction of the offence during which the offence continues.

Commencement

      15. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.