52

 

 

Second Session, 50th General Assembly

II Charles III, 2023

BILL 52

AN ACT TO AMEND THE BUILDINGS ACCESSIBILITY ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE SARAH STOODLEY

Minister of Digital Government and Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Buildings Accessibility Act to

ˇ         clarify the definitions of "persons with disabilities" and "apartment-type building" and remove definitions that are no longer required;

ˇ         clarify that the exemption for private homes does not extend to a part of a private home that contains a business where certain conditions exist;

ˇ         remove the exemption for buildings that existed on December 24, 1981, and require those buildings to comply with the same requirements as buildings constructed on or after December 24, 1981;

ˇ         clarify that a person is allowed to own or occupy a building that existed on December 24, 1981 and that does not comply with the Act and regulations, until such time that the building is reconstructed, added to or undergoes a change in use;

ˇ         clarify that where a building is reconstructed or added to, only the portion of the building that is reconstructed or added is required to comply with the Act and regulations;

ˇ         allow the director to authorize deviations from strict compliance with the regulations in exceptional circumstances where the deviation provides equivalent or greater accessibility for persons with disabilities;

ˇ         increase the fines for offences under the Act;

ˇ         replace references to "Trial Division" with the correct reference "Supreme Court"; and

ˇ         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE BUILDINGS ACCESSIBILITY ACT

Analysis

        1.   S.2 Amdt.
Definitions

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

        3.   S.5 Rep.
Application to existing buildings

        4.   S.6 Amdt.
Prohibition

        5.   S.7 Amdt.
Reconstructed buildings

        6.   S.10 Amdt.
Powers of director

        7.   S.11 Amdt.
Delegation of power

        8.   S.12 Amdt.
Power of inspector

        9.   S.13 R&S
Duty of inspector

      10.   S.16 Amdt.
Fees

      11.   S.17 Amdt.
Appeal to director

      12.   S.18 Amdt.
Advisory board

      13.   S.20 Amdt.
Appeal tribunal

      14.   S.24 Amdt.
Powers

      15.   S.26 Amdt.
Appeal to Supreme Court

      16.   S.33 Amdt.
Offences

      17.   S.35 R&S
Limitation period

      18.   Commencement

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

RSNL1990 cB-10
as amended

        1. (1) Paragraph 2(a) of the Buildings Accessibility Act is repealed and the following substituted:

             (a)  "apartment-type building" means a building intended for residential purposes in whole or in part that contains more than 4 residential units, and whether consisting in whole or in part of condominium units or rental units with a common primary entrance and an interior common access corridor;

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

              (l)  "persons with disabilities" means persons with one or more of the following:

                      (i)  mobility impairments, including reaching or manipulation disabilities,

                     (ii)  visual impairments, and

                    (iii)  hearing impairments;

             (3)  Section 2 of the Act is amended by repealing paragraphs (l.1) and (l.2).

 

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

Non-application of Act

        4. This Act does not apply to private homes, foster homes, boarding houses, lodging houses or bed and breakfast accommodations, except

             (a)  a portion of a private home that

                      (i)  contains a business to which the public is admitted,

                     (ii)  is subdivided or divided by fire-walls from the remainder of the private home, and

                    (iii)  does not have a means of entry between the portion of the private home that contains the business and the remainder of the private home; and

             (b)  a boarding house, lodging house or bed and breakfast accommodation in which sleeping accommodation is provided for more than 10 boarders, lodgers or guests.

 

        3. Section 5 of the Act is repealed.

 

        4. Subsection 6(1) of the Act is repealed and the following substituted:

Prohibition

        6. (1) A person shall not build or construct a building unless that building complies with the requirements of this Act and the regulations.

 

        5. Subsection 7(3) of the Act is repealed and the following substituted:

             (3)  Notwithstanding subsection (1), where a person reconstructs or adds to a building, only the portions of the building being reconstructed or added are required to comply with the requirements of this Act and the regulations.

 

        6. Section 10 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  The director may, upon receipt of a written application, authorize a deviation from a provision of the regulations where, in the opinion of the director, 

             (a)  exceptional circumstances exist that make strict compliance with the regulations impractical; and

             (b)  the deviation provides accessibility for persons with disabilities at least equivalent to the accessibility that would be achieved under the provision of the regulations from which the deviation is requested.

 

        7. Section 11 of the Act is amended by

             (a)  deleting the number "1" and substituting the word "one"; and

             (b)  deleting the words "his or her" and substituting the words "the director's".

 

        8. Subsection 12(1) of the Act is amended by deleting the words "his or her".

 

        9. Section 13 of the Act is repealed and the following substituted:

Duty of inspector

      13. It is the duty of an inspector who makes an inspection under this Act and the regulations to ensure, by reasonable examination, that the requirements of this Act and the regulations have been complied with to the satisfaction of the inspector.

 

      10. Section 16 of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

      11. (1) Subsection 17(2) of the Act is amended by deleting the words "his or her" and substituting the word "an".

             (2)  Subsection 17(3) of the Act is amended by deleting the words "his or her" and substituting the word "the".

 

      12. (1) Subsection 18(2.1) of the Act is amended by deleting the words "he or she" and substituting the words "the member".

             (2)  Subsection 18(2.2) of the Act is amended by deleting the words "he or she is replacing" and substituting the words "being replaced".

 

      13. (1) Subsection 20(3.1) of the Act is amended by deleting the words "he or she" and substituting the words "the member".

             (2)  Subsection 20(3.2) of the Act is amended by deleting the words "he or she is replacing" and substituting the words "being replaced".

             (3)  Subsection 20(4) of the Act is repealed and the following substituted:

             (4)  Where a member of the tribunal resigns or the member's term of office expires, in relation to a matter before the tribunal in which that member was involved before that resignation or expiry, that member may continue to exercise powers and perform duties with regard to that matter as if the member had not resigned or the term had not expired.

 

      14. Subsection 24(1) of the Act is amended by deleting the words "Public Inquiries Act" and substituting the words "Public Inquiries Act, 2006".

 

      15. Subsection 26(1) of the Act is repealed and the following substituted:

Appeal to Supreme Court

      26. (1) An appeal lies to the Supreme Court from an order, ruling or decision of the tribunal.

 

      16. Subsections 33(2) to (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 $1,000 and not more than $10,000 and as well shall be ordered to have the building which is the subject-matter of the action comply with the requirements prescribed by this Act and the 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 $2,000 and not more than $50,000 and as well shall be ordered to have the building which is the subject-matter of the action comply with the requirements prescribed by this Act and the 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 $400 and not greater than $4,000 a day for every day beyond the time specified for correction of the offence during which the offence continues.

      17. Section 35 of the Act is repealed and the following substituted:

Limitation period

      35. Notwithstanding section 7 of the Provincial Offences Act, an information or complaint under section 33 shall be laid or made within 2 years from the date that the alleged offence is brought to the attention of the director.

Commencement

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

ŠKing's Printer