Building Law in Canada: a study prepared for the Associate Committee on the National Building Code

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Building Law in Canada: a study prepared for the Associate Committee

on the National Building Code

Ser TH1 N2t-t2 nr. 118 c . 2 BIOG

NATIONAL RESEARCH COUNCIL CANADA

DIVISION OF BUILDING RESEARGH

] BUILDING LAW IN CANADA

(A study prepared for the Associate Cornrnittee on the National Building Code)

by

J . M . R " o b e r t s o n _{A N A L y Z E D}

Technical Paper No. If 8 of the

Division of Building Research

OTTAWA F e b r u a r y I 9 6 I

PREI.ACE

One of the services which the Division of Build'i.ng R e s e a r c h o f t h e N a t i o n a l R e s e a r c h c o u n c i l p r o v i d e s i s t h e n e c e s s a r y s e c r e t a r i a l a n d t e c h n i c a l a s s i s t a n c e t o t h e A s s o c i a t e c o m n r i t t e e o n t h e N a t i o n a l B u i L d i n g c o d e . T h i s A s s o c i a t e C o m m i t t e e i s o n e o f a b o u t 2 5 s u c h c o m r n i t t e e s a p p o i n t e d b y t h e c o u n c i l t o c a r r y o u t s p e c i f i c a l l y a s s i g n e d t a s k s . I t i s t h e r e s p o n s i b i l i t y o f t h e A s s o c i a t e C o m r n i t t e e o n t h e N a t i o n a L B u i l d i n g Code to keep under revj.ew and up to date the National Building C o d e o f C a n a d a a n d t o p r o v i d e a l l a s s o c i a t e d s e r v i c e s , i n t h i s w a y s t i m u l a t i n g r a n d a s s i s t i n g p r o g r e s s t o w a r d s s t a n d a r d i z a t i o n o f local building regulations throughout Canada.

T h e n e c e s s a r y s u p p o r t i n g w o r k f o r t h e A s s o c i a t e Cornmittee is done in the Building Standards Section of DER of w h i c h M r n R . S . F e r g u s o n i s h e a d . T h e a u t h o r o f t h i s r e p o r t ' M r . J . M . R o b e r t s o n , i s a n A d r n i n i s t r a t l v e o f f i c e r i n t h e s e c t i o n a n d h e E e r v e s a s t h e S e c r e t a r y t o t h e A s s o c i a t e C o n r m i t t e e .

The National BuiLding Code is an advisory document, drafted in the form of a buiJ.ding by-law, that is published at cost by the Nationatr Research Council as a service to the provinc.es and munlcipalitles of Canada. OnIy when adopted or enacted by an appropriate rnunicipal by-taw does the National Building Code have legal effect.

I Accordingly, the powers of municipalities under the respective municipal acts of the ten provinces have continued to be a r n a t t e r o f i m p o r t a n c e t o t h e A s s o c i a t e C o m m i t t e e , a s h a v e . a l s o the varying provincial statutes that affect building and which are superior to all municipat regulations. With the wi.Lling and expert a s s i s t a n c e o f a u t h o r i t i e s i n a l l p r o v i n c e s , t h e A s s o c i a t e C o m m i t t e e has been guided in its efforts sp to frame the National Building C o d e t h a t i t i s i n c l o s e a c c o r d w i t h s u c h p r o v i n c l a l l e g i s l a t i o n ' and in such forrn that it can be readily and properly put to legal use by municipalities throughout the country"

It has been clear for some time that a review of the over-all picture with regard to building law in Canada would be useful: careful inquiry has failed to reveal any such general record, With the cooperation of rnany senior provincial officials, t h i s s t u d y h a s b e e n c o m p l e t e d b y M r . R o b e r t s o n .

z

-A preliminary copy of this paper was cirqulated t o s e n i o r o f f i c i a l s i n a l l t e n P r o v i n c e s . M o s t v a l u a b l e c o m m e n t s , c r i t i c i s r n s a n d c o r r e c t i o n s w e r e r e c e i v e d , a l l o { w h i c h h a v e b e e n l n c o r p o r a t e d i n t o t h i s f i n a L ' p u b t i s h e d v e r s i o n .

It is hoped that the resulting paper will prove of use far beyond the normal requirements of building officials. It will be the intention of the Division to keep this paper up to date a n d t o r e - i s s u e i t i n r e v l s e d f o r r n f r o m t i m e t o t i r n e , A c c o r d i n g l y ' the Division will always welcome further comrnents upon it and w i l l a p p r e c i a t e , i n p a r t i c u l a r , a d v i c e o f a n y e r r o r s o r o m i s s i o n s . A l l c o m m u n i c a t i o n s r e g a r d i n g t h e p a P e r s h o u l d b e a d d r e s s e d d i r e c t l y t o M r . J . M . R o b e r t s o n , c l o D l v i s i o n o f B u i l d i n g R e s e a r c h , N a t l o n a l R e s e a r c h C o u n c i l , O t t a w a , Ottawa, tr'ebruary, 1961 R . F . L e g g e t D i r e c t o r

T A B L E O F C O N T E N T S PART ONE INTRODU CTION FEDERAL LAWS MUNICIPAL GOVERNMENTS ( i ) C i t i e s , T o w n s , a n d V i l l a g e s ( i i ) B u i l d i n g R e g u l a t i o n s BUILDING LAWS PART TWO

PROVINCIAL BUILDING REGULATIONS

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(i) The Building Inspector (ii) Building Regulations (iii) Construction Safety (iv) Planning and Zoning (") Electrical Installations ("i) Plurnbing Services BRITISH COLUMBIA

(i) The Building Inspector (ii) Building Regulations (iii) Constnrction Safety (iv) Planning and Zoiring ( n ) E l e c t r i c a l I n s t a l l a t i o n s ("i) Plurnbing Services MANITOBA

(i) Building Inspector (ii) Building Regulations (iii) Gonstruction Safety (iv) Planning and Zoning (r.) Electrical Control (rri) Plurnbing Services NEW BRUNSWICK

(i) Building Inspectors (ii) Building Regulations (iii) Construction Safety (iv) Planning and Zoning ( n ) E l e c t r i c a l I n s t a l l a t i o n s (r.i) Plumbing Services

9 l 0 l 0 I 1 I i T Z L Z I Z I Z I Z 1 3 I 3 I 3 T 4 T 4 I 4 T 4 1 5 1 5 l 5

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NEWFOUNDI.AND

(i) The Building Inspector (ii) Building Regulations ( i i i ) C o n s t r u c t i o n S a f e t y (in) Planning and Zohing (r.) EIectrica.l Installations ( v i ) P l u r n b i n g S e r v i c e s N O V A S C O T I A

( i ) B u i l d i n g I n s p e c t o r s (ii) Building Regulations (iii) Construction Safety (in) Planning and Zoning (o') Electrical Installations (vi) Plurnbing Services ONTARIO

(i) Building Inspector s (ii) Building Regulations ( i i i ) C o n s t r u c t i o n S a f e t y (iv) Planning and Zoning (r.) Electrical Installations (.ri) Plurnbing Services PRINCE EDWARD ISLAND

(i) Building Inspector (ii) Building Regulations ( i i i ) C o n s t r u c t i o n S a f e t y (ir.) Planning and Zoning (v) Electrical Instaltrations (.'i) Plumbing Services Q U E B E C

(i) .The Building Inspector (ii) Building Regulations ( i i i ) C o n s t r u c t i o n S a f e t y (iv) Planning and Zoning ( v ) E l e c t r i c a l I n s t a l l a t i o n s (vi) Plurnbing Services SASKATCHEWAN

( i ) B u i l d i n g I n s p e c t o r s (ii) Building Regulations ( i i i ) C o n s t r u c t i o n S a f e t y (iv) Planning and Zoning (t') Electrical Installations (vi) Plurnbing Services R E F E R E N C E S APPENDIX A I 6 l 6 1 0 L 7 T 7 L 7 l 8 i B 1 B I B t g I 9

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BUILDING LAW IN CANADA by

J . M . R o b e r t s o n

P A R T I - B U I L D I N G L A W S

Earliest known building laws were chiefly concerned with the prevention of structural failure and collapse. It is recorded that the Code of Harnmurabi over 2000 years B. C. stipulated that trln the case of collapse of a defective building, the architect is to be put to death if the owner is killed by the accident; and the architectrs son if the son of the owner loses his lifett. During the reigns of Julius and Augustus Caesar structural failures in buitrdings built to a considerable height brought about laws restricting their height to 60 feet.

Later regulations to safeguard against the spread of fire were issued. In the fourteenth century a by-law of the City of London prohibited the use of wood in chirnneys, as did a sirnilar ordinance of the City of New York rnuch later. The third requirernent concerning safety in buildings has to do with health. Regulationa on sanitation, light, and ventilation are the rnost recent subjects of building by-lawe.

These three requirernents, structural sufficiency, safety against fire, and safety against health hazards today provide thb basis for all laws in Canada that deal with the construction and use of

buildings.

FEDERAL I..AWS

T h e B r i t i s h N o r t h A r n e r i c a A c t o f l 8 6 ? ( 1 ) * * " " p a s s e d by British Parliarnent to rrprornote the best interests and present and future prosperity of British North America by a Federal Union r:nder the Crown-of Great Britain, provided such a Union can be effected bn principles just to the several prowinces.rr This Act brought together the provinces of Canada then in existence with the added requirernent that rrprovision be rnade for the eventual adrnission into the Union of other parts of British North Arnerica. rr In addition to laying down the executive and legislative powers for the union of Canada, the Act states the terrns for provincial constitution and the exclusive powers of

provincial le gis latur e s.

*

L

-Section 92 of. Part I, paragraph 13 of the BNA Act pro-vides the authority for the provinces of Canada to enact legislation governing building regulations" This Section of the Act reads in part as follows i

rrln each Province the Legislature may exclusively rnake laws in relation to rnatters corning within the classes of subjects next hereinafter enurnerated; that is to say -1 3 ) P r o p e r t y a n d c i v i l r i g h t s i n t h e P r o v i n c e . r l

The Provincial Governrnents in turn vest the authority in theirrnunicipalities, through appropriate provincial ordinances, to pass local by-laws for the control of buildings within their rnunici-palitie s .

There are, however, one or two federal ordinances that affect construction in Canada. One is the Radio Act (2), administered by the Department of Transport, and contains regulations regarding the height and stability of radio and television masts. To enforce these regulations a municipality applies to the Minister of Transport to declare the area so controlled and to appoint an inspector, usually a local peace officer or building inspector, to see that the regulations are enforced. Another is the National Housing Act (3) which contains the authority for federal financing of dwelling units in Canada.

The Crirninal Code of Canada (4) contains a sotnewhat oblique requirernent pertaining to buildings in article ZZB of. chapter 52 which states ItEvery person who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a rnanner that is adequate to prevent persons frorn falling in by ac'cident and is adequate to warn them that the excavation existsrr. MUNICIPAL GOVERNMENTS

The rnunicipal governrnents of Canada are in a different constitutional position frorn either the provincial or federal governrnents. Each of the latter has an assured constihrtional position and is protected by the all,ocation of powers under the British North Arnerica Act. The legislatures of, the provinces are all-powerful in rnunicipal rnatters and therefore the powers of municipal governfirents can be extended or

contracted at will. The protection of the rnunicipatrities lies in the needs of the people which can best be rnet through local government, and not in their legal or constitutional position (5).

3

-The history and development of municipal governrnents varies frorn province to province owing to the date and rate of settle-rnent of the areas of Canada. In Nova Scotia and New Brunswick,

for exa^rnple, there was at first little interest in local self-governrnent, while in Prince Edward Island, and rnore so in British Columbia, the isolated nature of the settlernents (one an island, the other separated by rnountains) rnade self-rule a necessity. Eventual dernands for

self-goverrunent resulted in Royal and special charters to settlements such as Halifax, Fredericton, Charlottetown, and others which still exist today and which perrnit sofile latitude in self-government still untouched by pr,ovincial legislation.

General rnunicipal legislation is supplernented in all the provinces by two types of legislation. The first type is legislation generall.y appl11ing to all rnunicipalities in a province but lirnited to a particular subject, for exarnple, a Public Health Act or a Fire Pre-vention Act. The second type includes the private or special acts which apply only to individual rnunicipalities and which provide for deviations frorn the general rnunicipal law. Exarnples of these are the City of Toronto Act, and the City of St. Johnrs Act.

(i) Cities, Towns L and Villages

Before considering the building by-Iaw regulations perrnitted by the provinces of Canada it is desirable to look at the arrangernents for the incorporation and erection of rnunicipalities as lhey vary frorn

province to province. In the Atlantic Provinces, where the earliest settlernents were founded and special charters given, no provision ie contained in the provincial statutes for the creation or incorporation of cities, but only for towns, villages, and'rnunicipalities. On the other hand, a town or municipality of British Colurnbia can be eLevated to city status when the population is 5000 persons or over, although in Manitoba the minimurn population rnust be 10r000 persons' and in Ontario 15,000. These variations in population rninirna aPply to towns and villages as well, as rnay be noted in Table I.

Table I lists only cities, toivns, and villages. There are other regulations however perrnitting the incorporation of organized rnunicipalities, corrnties, townships, and irnproved districts. These types of rural districts often have their requirernents for incorporation based on area rather than on population.

4

-T A B L E I

Minirnurn Population

P r o v i n c e ViIIage Town City

Alberta British Golumbia Manitoba New Brunswick Newfoundland N o v a S c o t i a Ontario Prince Edward Island Quebec Saskatchewan 50 separate dwellings 5 0 0 5 0 0 3 0 0 No rnin. requirement 1 0 0 5 0 0 1 0 0 40 inhabited houses 1 0 0 7 0 0 2500 l 5 0 0 1 0 0 0 N o p r o v i s i o n I 5 0 0 2 0 0 0 N o p r o v i s i o n 2 0 0 0 5 0 0 6 0 0 0 5 0 0 0 1 0 , 0 0 0 No provision N o p r o v i s i o n N o p r o v i s i o n I 5 , 0 0 0 No provision 6 0 0 0 5 0 0 0

(ii) Building Regulations

It has been noted earlier that the provinces of Canada draw authority for the control of building and the rnaking of building

regulations frorn the British North America Act. In turn through separate provincial statutes, they pass on this authority to their rnunicipalities. Some provinces cover this delegation of authority in one general act

such as the Municipal Acts of British Columbia and Manitoba. Others p r o v i d e a s e r i e s o f s p e c i a l a c t s , e a c h p e r t a i n i n g t o a s p e c i f i c l e v e l o f rnunicipality, as example, Saskatchewanrs City Act, Town Act, the Village Act, and Rural Municipality Act.

In sorne provincial legislati.on there is a requirernent perrnitting the use and adoption by rnunicipalities of nationaltry known

codes and standards such as the National Building Code (6), the Canadian Electrical Code (7), and GSA Standards. This does not mean that the rnunicipalities in the other provinces cannot use these codes but that they

can only do so through proper legal procedure which perrnits their enactrnent in accordance with the general terms of the appropriate provin"iat

ifri-nance. Part II of this report deals rnore fully with the position of the municipalities of the provinces with respect to building by-laws.

Table II lists the regulations of the provinces which in l96I contain references to the National Building Code of Canada. A surrrmary of the various statutes of the provinces of Canada which contain regulations affecting the control of buildings is presented in Appendix A.

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-T A B L E I I

Province Regulations Referring to the National Building Code A l b e r t a British Columbia Manitoba Newfoundland New Brunswick N o v a S c o t i a Ontario

Prince Edward Island Orebec

Saskatchewan

City Act

Town and RuraI Planning Act Municipal Act

Vancouver Charter Nil

Local Governrnent Act City of Corner Brook Act Building Standards Act F i r e P r e v e n t i o n A c t Fire Prevention Act N i l Planning Act T o u r i s t E s t a b l i s h r n e n t A c t * NiI Nil City Act * By inference ratl r e r t h a n b y d i r e c t r e f e r e n c e

By-laws passed by local goverrunents under the terms of provincial statutes are inferior to any provincial ordinance in the sanne field. Building by-laws in all provinces are, for exarnple, affected by provincial fire prevention acts, planning acts, and others which lay down specific minirnurn requirernents which rnust be rnet by the rnunici-palities. In every case however where the local building by-law is as r e s t r i c t i v e o r m o r e r e s t r i c t i v e i t s r e q u i r e r n e n t s c a n b e e n f o r c e d ; t h i s provision is perrnitted by tle provincial ordinances. Ontario appears to be the province which has the greatest nurnber of provincial regulations which affect building by-laws of rnunicipalities. This apparent duplication

of control has caused sorne concern in the building design and con-s t r u c t i o n p r o f e con-s con-s i o n con-s i n O n t a r i o .

The appointrnent of building officials by the rnunicipality is also perrnitted through the terms of provi.ncial legislation. Here again sorne statutes are quite specific on the rnatter, whereas others rely on a sornewhat general clause which covers the appointrnent of all municipal officers. What is probably rnore irnportant to a building inspector is his position with respect to idemnification and liability in the case of a court action. Not all provincial statutes cover this; sorne cover either one but not both. The British Columbia Municipal Act is one of the few which does provide for both idernnification and liability o f b u i l d i n g i n s p e c t o r s .

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-Each province provides for the protection against, and/or

compensation for injury of workrnen on building construction. Any

rnunicipality may however pass a by-law calling for construction safety

rneasures in the erection of buildings and where, in a province which has

such a statute, the by-Iaw rnust be as restrictive to have recognition.

Planning and zoning by-laws rnay also be enacted in Canadian

municipalities through the terrns of reference of appropriate provincial

statutes. Every province except Quebec and B. C. has a special planning

act for this purpose; Quebec municipalities derive these powers by virtue

of the provisions of the Municipal Code, the Cities and Towns Act, or special charters which allow thern to exercise authority over land

develop-rnent. PLanning legislation is a part of B. C. ts Municipal Act or can be

rnade to apply to the unorganized areas of this Province by the Local S e r v i c e s A c t .

Every province has appropriate statutes covering the exercising

of control of fire prevention regulations as well as for electrical

instal-lations. The Canadian Elbctrical Code of GSA is used as the basis for

the latter in every province. Most of the fire prevention ordinances

contain requirernents for building construction which rnight again affect

a rnunicipal building by-law if the latter is not more restrictive. Since

the National Building Gode of Canada is generally used by provincial

fire marshals 4s a basis for adequate construction, and in fact is referred

to by narne in the Fire Prevention Acts of New Brunswick and Newfoundland,

any rnunicipality whose building by-law is based on.the National Building

Code of Canada would have a by-law which would rneet the demands with

respect to building regulations not only of the provincial fire prevention

statutes, but also of those laid down in such other ordinances ab the planning acts and construction safety regulations.

Plurnbing.service requirernents are controlled for the

rnost part by separate provincial plumbing codes. 'Where a provincial

code is not in existence, the requirements for plurnbing contained in

7

-PART II - PROVINCIAL BUILDING REGULATIONS

The various regulations pertaining to the buildings are divided, in the following pages, into six each province as follows:

(i) The Ruilding Inspector, (ii) Building (iii) Cons:tructiorr Safety, (iv) Planning and Zoning, (") Installations, (vi) Plurnbing Services.,

ALBERTA

c o n t r o l o f groups for

Regulations, E l e c t r i c a l

. The municipalities of Alberta derive their authority for enacting building by-laws frorn the City Act (B) and the Town and Village Act (9), subject to sorne restrictions of the Fire Prevention Act (10)", In addition, municipalities which enact a zoning by-law under the Town and Rural Planning Act (11) rnust abide by the regulations on buitdings .laid down therein.

(i) The Building Inspector

The City Act and the Town and Village Act perrnit the appointrnent of a building inspector and define his duties. Neither the City Act nor the Town and Village Act appears to provide for indernnifi-cation of a rnunicipal official if legal action is brought against hi.rn in connection with the perforrnance of his duties. Both Acts provide for liability against arl official who is responsible for darnage arising from his failure, or actions of default frorn his failure, to discharge the duties irnposed upon hirn by the by-law. The city Act provides for a further penalty by the city against such an official i.n addition to any civil liability that he rnay incur. It further provides that a building official _{cannot be held liable for damage frorn the fact that a building,} the erection of which has been authorized by perrnit, does not cornply with any locally agreed upon restrictions on the style and size of

buildings; _{this ppparently is the responsibility of the rnunicipal planning} authority to whorn the owner rnust also s.ubrnit his plans.

(ii) Building Regulatigns

The Provincial Governrnent of Alberta allows rnunicipal control and regulating of building construction through the City Act and the Town and Village Act. _{The Town and Village Act states that a} Council rnay pass by-laws providing for the control of buildings, subject to the Town and Rural Planning Act, which in turn states that a rnunici-pality which has passed a zoning by-law rnay also prescribe the adoption

B

-of the National Building Code (i953) or the Shorter Forrn (lZ) and any arnendments to these regulations. The City Act also allows City Councils to adopt the Gode but in this case it does not specify the issue (viz. lp53) nor the Shorter Forrn. Arneridrnents to the Code rnay also be adopted. It appears, therefore, that any City rnay adopt the Code, either in place of or in addition to any other building regulations permitted, but that only those towns and villages that have passed a zoning by-law under the terrns of the Town and Rural Planning Act rnay do so" Others would preslurrably have to enact the Code as their building by-Iaw. The forrnal' copy,of a city building Uy law must be duly certified as a true copy by the City Clerk. _{The Town and Village Act also provides for !"""] by-laws} governing the installation and erection of gas and water installation and radio and TV aerials. Since control of the erection of radio and TV aerials is covered by the Radio Act of the Federal Governrnent it is questionable whether any l-ocal by-law would be valid under the terrns of the Town and Village Act.

The Fire Prevention Act covers such iterns as construction and rnaintenance of fire escapes as well as adequacy of exits in public buildings. It also provides for the dernolition of unsafe buildj.ngs or for an order for their repair by the owner. The City Act provides the authority for City Councils to pass local by-laws covering this, as does also the Town and Village Act. The regulations issued by the Province under the Fire Prevention Act give conditions of erection and adequacy of Exits and Fire Escapes for schools which include rnetal lined slides. The Act also demands that new school building plans and rnajor alterations to existing school buildings be approved by the Provincial Architect of the School Building Branch and by the Provincial Fire Cornrnissioner. This poses the question of the position of a local building by-law based on the NBC if the NBC is not adopted by the Provincial authorities *.

The usual authority f.or rernoval or dernolition of unsafe buildings is provided for in the Town and Village Act, the City Act, and the Fire Prevention Act. As is usual the required building perrnits rnust be issued before cornrnencement of construction.

* Provincial ordinances always take precedence over rnunicipal by-laws. In the case where a Local by-law is rnore restrictive than the provincial ordinance as it applies to school buildings, there exists the possibility that approval given for the erection of a school acceptable under the provincial regulation rnight not rneet the rninirnurn requirernents of the local by-law. _{The question arises whether the approval by the provincial} agency forces the rnunicipality to accept a building which may not rneet thes e rninimum requirernents.

9

-(iii) Construction Safety

There does not appear to be anything in the Workrnenrs Cornpensation Act (13) to covbr rninirnurn standards of construction of scaffolding. The Act does provide for the compensation of injured workmen.

(iv) Planning and Zoning

The Town and Rura1 Plahning Act allows a city, town, village, rnunicipal district, or collnty to pass a zoning by-law dividing the rnunici-pality into districts for the uses of lands and control of buildings therein. This Act is somewhat unique in that it calls up the National Building Code or its Shorter Forrn for regulating the construction of buildings. It

appears that since the Town and Village Act does not allow for the adoption of the NBC by reference, anrr rnunicipality which has passed a zoning by-law may then adopt the NBC under the terrns of the Planning A c t .

(v) Electr.ical Installations

The Flectrical Protection Act (14) calls up the Canadian Electrical Code and lays down further restrictions pertaining to electrical services for comrnercial and public buildings in rural a r e a s .

(ni) Plurnbing Services

The Alberta Plurnbing Code applies to all rnunicipalities except Edmonton and Calgary, which have their own, but its enforce-rnent is a local rnatter. With a few rninor exceptions this code is identical to the plurnbing section of the National Building Code.

BRITISH COLUMBIA

The Municipal Act (I5) is the provincial ordinance which controls building as well as community planning in British Colurnbia and perrnits Municipal Councils to enact their own building and zoning by-laws. The one exception is Vancouver, which has its own charter and can

therefore act independently of the Municipal Act; but both Acts are in-fluenced in certain respects in regard to the erection and control of buildings by the Fire Marshalts Act.

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-(i) The Building Inspector

The B. C. Municipal Act allows for the appointrnent of a

building inspector under a section of the Act which rrprovides for such o f f i c e r s a n d e m p l o y e e s a s m a y b e d e e m e d n e c e s s a r y t r a n d a l s o p e r r n i t s t h e p r e s c r i p t i o n o f t h e i r d u t i e s . T h e V a n c o u v e r C h a r t e r ( 1 6 ) i s r n o r e direct since it directs the City Council to appoint a building inspector

whose duties arG-dFnitely prescribed. That is, a rnunicipal council

rnay appoint and describe the duties of a building inspector, whereas the

Vancouver Charter states that Council shall appoint and describe his d u t i e s .

The B. C. Municipal Act allows a rnunicipal council to |tpay

any sutr) required for the protection, defence or indernnification of any

o f f i c e r r r w h e r e l e g a l a c t i o n i s b r o u g h t a g a i n s t h i m i n c o n n e c t i o n w i t h t h e

performance of his rnunicipal duties, when so voted in the affirrnative by

not less than two-thirds of the Council rnernbers. The Vancouver Charter

also provides for the indernnification of any ernployee rragainst whorn an

action is brought arising out of his ernployrnent with the city if he suffers darnages, an8 the Council is.of the oponion that he rnerits such indernnifi-cation. rr The Charter also has a penalty clause which allows the Council to infLict reasonable fines upon any city ernployee for the non-perforrnance of his duties.

(ii) Building Regulations

Both the B. C. Municipal Act and the Vancouver Charter

perrnit fhe adoption of the National Building Code of Canada in whole or in part, which presulnably includes the Shorter Forrn for use in the

srnaller rnunicipalities under the Act. Neither ordinance, however,

rnentions the date of issue of the Code, which rray or rnay not rnake a by-law subject to question when revised issues of the Code are

prornul-gated frorn tirne to tirne. The registration of the by-laws under the seal

of the municipality, certified to be a true copy by the Clerk as dernended

by the Act, rnay suffice to identify the issue in force as the by-law. The

Clerk rnust also keep on hand a duly certified copy of the by-law which

would also identify the issue of the Code used. The Vancouver Charter

dernands that the seal of the City be affixeil to the by-Iaw which would

identify the issue of the code used as the by-law. The tropenrr aspect

of the Act in this respect is ideal frorn the point of view of easy adoption

of the National Building Code, regardless of its date of issue. This

suggests that the by-law itself need never be annended, but only that the

true copy of the Code used as the by-Iaw be certified. This could be

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-Building perrnits are required before construction by both ordinances, but only the Vancouver Charter allows a rnunicipality to rnake a by-law for an occupancy perrnit before a building is occupied, when it has been established that it has met the requirernents of the by-law. The Municipal Act, the Vancouver Charter, and also the Fire Marshalrs Act (I7) provide for the dernolition of unsafe buildings. Under the Vancouver Charter the building inspector deterrnines whether a building is a fire hazard, whereas the Provincial Fire Marshal has this

authority under the Fire Marshalrs Act. The Municipal Act does not delegate this responsibility to any one official but rnerely allows the Municipal Council to dernand the rernoval of the hazard when sornehow or other, t e }:'azard has been established. Presrrnably the Municipality

could irrclude this responsibility arrlong the others of the local building inspector. The Fire Marshalrs Act demands that an owner repair or destroy hazardous buildings at his own cost and calls upon the Municipal

Council to provide for a regular systern of inspection. It also dernands that the own.eror occupier shall provide and keep f,ire escapes in good repair. -ElVandffi-r Cnarter further allows for the establishrnent of fire lirnits within the city.

It is interegting to note that the Municipal Act allows for the adoption of the standards of the Canadian Gas Association, whereas the Vancouver Charter perrnits Council to regulate the installation of gas and oil burning appliances through rrany authority deerned responsiblerr.

The Municipal Act also allows a rnunicipality to pass a by-law regulating doors and exits in public buildings, subject to the pro-visions of the Fire Marshal Act, but the latter also regulates this in' rnore general terrns by stating that public buildings shall have trone or r r r o r e s u f f i c i e n t r n e a n s o f e g r e s s . . . i n a d d i t i o n t o t h e p r i n c i p a l e n t r a n c e and to any fire escaperr. The Vancouver Charter does not appear to cover this "

(iii) Construction Safety

T.he regulations under the B. C. 'W'orkrnenrs Cornpensation Act (IB) call for sorne rninirnurn requirernents for scaffoLds during con-struction of a building. Since, however, the requirernents for safe scaffolding found in Part 8 of the Code are rnuch rnore cornplete, they would no doubt be used instead in any rnunicipality that has adopted the

C o d e .

(iv) Planning and Zoning

Cornrnunity planning is controlled through the reguirernents of the Municipal Act which is applicable to all rnunicipalities, including

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-villages. In unorganized areas of B. C. the Dept. of Municipal Affairs assumes the role of the rnunicipal council in zoning and planning rnatters t h r o u g h t h e L o c a L S e r v i c e s A c t ( 1 9 ) . A z o n i n g b y I a w i s a l s o e n f o r c e -able under the Municipal Act,'which perrnits the withholding of a building perrnit pending adoption of a zoning by-law - but only for a lirnited period. Erection of a building already under construction before the zoning is applied is allowed to continue although not in conforrnance with the Act. If a building perrnit is withheld longer than is prescribed under the Act, the owner rnay clairn compensation for darnages estirnated to have been caused by the delay.

(v) Electrical Installations

The Vancouver Charter allows for the adoption of the Canadian Electrical Code, as does the Municipal Act, ttsubject to the p r o v i n c i a l E l e c t r i c a l E n e r g y I n s p e c t i o n A c t " ( 2 0 ) ; t h i s i n t u r n s t a t e s that by-1aws passed by Municipal Councils shall have effect r:nless repugnant to the Electrical Act.

("i) Plumbing Services

At the rnornent of writing, British Columbia has no provincial plrrrnbing code; the requirernents of the National Building

Code are used by locaI governlnents in many cases in the absence of a provincial statute covering this.

MANITOBA

Un}ike the other two Prairie Provinces, all rnunicipaLities of Manitoba derive their authority for passing building by-laws frorn a single provincial ordinance, the Municipal Act (2I). Other provincial Acts which irnpinge on and influence this ordinance are the Town

Planning Act (ZZl , Public Buildings Act (23), Building Trades Protecti.on A c t ( 2 4 ) , F a c t o r i e s A c t ( 2 5 ) , a n d t h e F i r e s P r e v e n t i o n A c t ( 2 5 ) .

(i) Building Inspector

The Municipal Act allows a rnunicipatity to appoint a building inspector, and further states that provisions be rnade for hirn to exercise alL the powers and authorities in the Public Buildings Act of the officiaL referred to therein. There appear to be no requirernents for the indernnification or liability of the building inspector.

(ii) Building Regulations

The Act is quite elaborate in its outline of building

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-occupation of any building which does not rneet the Act; regulating the size and strength of walls; prescribing the method of construction; and so on. It also contains the requirernents for fire escapes and rneans of egress usually found in Fire Prevention Acts which in this province still perrnit the rernoval and/ot correction of dangerous buildings.

The Municipal Act contains a sornewhat rare clause in that it calls for buildings to be erected to "ensure warmth and cornfort of the occupantsrr. It also states that any building not constructed in accordance with the building by-law will be pulled down and the cost thereof recovered frorn the owner. A rnunicipality rnust retain per-rnanently copies of building perrnits issued and reports of building inspections. Unlike the Ontario Municipal Act, rnunicipalities of Manitoba rnay rnake provisiorr for the destruction of records without further reference to provincial authority. The Act also provides for tfre passing of a zoning by-law to conforrn to the provisions of the Town Planning Act.

(iii) Construction Safety

Safety against injury due to faulty scaffolding, staging, flooring, hoists, Iadders, rnechanical contrivances such as hoists are provided for by the Building Trades Protection Act. It further outlines the duty of an ernployer with respect to the safety rneasures outlined, and these responsibilities devolve upon the superintendent, forernan, or such other as rrlay hold such a position.

(in) Planning and Zoning

The Town Planning Act adrninistered by the Departrnent of Labour is applicable to every rnunicipality except 'lVinnipeg, which has planning powers under its City Charter. There would appear to be sorne areas where this Act and the zonir.g provisions of the Municipal Act overlap somewhat, where the latter allows a rnunicipality to pass by-laws governing residential buildings. Since the Municipal Act looks

to the requirernents of the Planning Act it is presurned that where differences rnay occur the Planning Act requirements take precedence.

( v ) E l e c t r i c a l C o n t r o l

Electrical installations are controlled by the Manitoba Power Cornrnission Act (27). Plans rnust be approved by the Departrnent of Labour before work rnay begin on a hotel, hospital, church, theatre, hall, or any other public building with a floor area of 1,500 sq ft or rnore. Inspection of electrical installations is rnade by the Departrnent of Labour, except in Winnipeg and those areas served by the Manitoba Power

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-Commission. The Canadian Electrical Code is the standard for con-struction and installation.

(.ri) Plunnbing Services

The Manitoba Plurnbing Code was revised in I957 and now is alrnost identical to the National Buitding Code. Provincial regulations a r e o f c o u r s e s u p e r i o r t o a n y l o c a l b y - l a w w h i c h i s l e s s r e s t r i c t i v e , a n d are automatically enforced in rnunicipalities where there is no local by-Iaw. NEW BRUNSWICK

The six incorporated cities of New Brunswick derive their powers for passing by-Iaws from special charters: Carnpbellton,

Edmunston, Fredericton, Lancaster, Moncton, and Saint John. Ten towns also have private charters while other rnunicipalities rray pass Iocal by-laws under the conditions of the Towns Act (28) and the Villages Act (29). Local building by-Iaws are affected by the Hotels Act (30) and

Fire Prevention Act (31), both of which are adrninistered by the Attorney Generalrs Office and enforced by the Provincial Fire Marshal.

(i) Building Inspectors

Both the Towns Act and the Villages Act provide for the appointrnent of a building inspector through a general clause covering the appointrnent of required rnunicipal officers. The six cities with their private charters rnay appoint their officers without reference to any provincial act.

OnIy the Villages Act contains requirernents which hoLd a municipal officer rtpersonally liable for any darnage arising frorn his acts, defaults, or neglect to discharge the duties irnposed upon hirn by by-lawr'; the Town Act rnakes no rnention of this. Neither act pro-vides for the indernnification of a rnunicipal officer.

(ii) Building Regulations

Both the Towns Act and the Villages Act contain authority for the passing of building by-Iaws. The Towns Act gracefully states that a Council rnay rnake by-laws trto provide for the health, security, safety, and advantage of the inhabitants by such regulations as rnay be deerned expedient . . . in the erection of buildings to be buiLt within the populous parts of the townlr. It also provides for the pulling down of buildings under construction which do not rneet requirernents of the building by-law, as well as the rernoval of dangerous buildings so declared by the Council (not the building inspector). This Act still retains the interesting requirernent allowing a rnunicipality to pass a

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-by-law compelling the owners of houses to have ladders leading to and on roofs for fire protection purposes. The villages Act also allows for the pulling down of buildings under construction which do not con-form to the local by-Iaw.

The Hote1s Act covers buildings used for sleeping accornrno-dations, and since it is a provincial ordinance takes precedence over. a local building by-law unless the latter is rnore restrictive. The Fire Prevention Act also impinges on the local buitding by-law to the extent that no person shatl construct a place of assernbly or sleeping accomffro-dations unless the plans are filed with the provincial Fire Marshal. This Act also covers the rernoval of dangerous buildings or, correction of their faults as decided by the Fire Marshal or his representative. The Act continues that an order from the Fire Marshal for the repair or alteration of a building to rernedy its faults shall be rnade in accordance with the National Building Code. The inJerence rrray be taken that any building under the Hotels Act which does not rneet the requirernents of the NBC will not be approved by the provincial Fire Marshal.

(iii) _{Construction Safety}

The Workrnenrs Compensation Act (32) provides for the corrrpensation of injured workrnen but does not lay down rninirnurn requirernents for the safe construction of scaffolds, stages or other ternporary aids to construction.

(iv) Planning and Zoning

The Town Planning Act (33), adrninistered by the Departrnent of Municipal Affairs, provides the authority for passing localzoning by-laws. The provincial authority has additional powers to require the application of certain planning rneasures. The zoning by-Iaw rray regulate the use, height, building line, and architectural design of buildings, and in

addition may require the rernoval or dernolition of unsightly or dangerous buildings. _{When the local building by-law differs frorn the zoning by-law} in any respect the zoning by.law takes precedence unless the building by-law is rnore restrictive, _{in which case it shall govern. Building} perrnits rnay be withhetd for a certain specified period when a zoning by-law is pending to ensure that construction of a non-conforrning building is not cornmenced.

(n) Electrical Installations

In New Brunswick the Electric power Act (34), which protribits the installation _{of equiprnent except in accordance with the}

Canadian Electrical _{Code, may be rnade applicable to any municipality} on proclarnation.

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("i) Plurnbing Services

The New Brunswick Plrrrnbing Code is based on the

Building Code provisions and ts adrninistered by the Departrnent

Municipal Affairs. EnJorcernent is a municipal responsibility.

NEWFOUNDLAND

National of

Buitding by-laws are enacted in Newfoundland through the

L o c a l G o v e r n r n e n t A c t ( 3 5 ) , t h e C i t y o f C o r n e r B r o o k A c t ( 3 6 ) , t h e Cornrnunity Councils Act (37), the Building Standards Act (38) and the C i t y o f S t . J o h n t s A c t ( 3 9 ) . T h e A c t s o f C o r n e r B r o o k a n d S t . J o h n r s a r e s p e c i a l c h a r t e r s o f t h o s e c i t i e s .

Except for the St. Johnts Act, these Acts perrnit the adoption of lhe National Building Code by reference as building by-laws. The Fire Prevention Act (40) also has an effect on building regulations

and as rrsual, since this is a provincial ordinance, takes precedence over

a local by-law if the latter is not as restrictive. This Act, in fact, gives

authority to fhe Fire Cornrnissioner to call up the National Building Code

in any order he rnay issue for the irnprovernent of property. (i) The Building Inspector

The Local Governrnent Act does not appear to cover the

appointrnent of a building inspector but the St. JohnJs Act is quite

specific on this point and goes further by stating that his duties shall

be defin'ed and designated and that he shall have discretionary powers.

The Corner Brook Act also clearly covers the appointrnent of a building

inspector. It also allows the inspector to issue perrnits, order removal

or dernolition of buildings, and to provide for the cancellation or revocation

of perrnits. No ernployee acting in the discharge of his duties shall be

liable for any darnage to persons or property as a result of any act

authorized by the St. Johnrs Act. There are sirnilar requirernents in

the Local Governrnent Act.

(ii) Building Regulations

The Local Governrnent Act allows the direct adoption, by

reference, of the National Building Code and any arnendrnents rithereto

now or hereafter maderr. The City of Corner Brook Act and the Building Standards Act also perrnits this; the latter being applied to those areas

not organized under the terrns of the local Governrnent Act. The Act

also provides for the rernoval or destruction of buildings in unsafe

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-Act does not perrnit the adoption of the NationaL Building Code by narne' it appears probable that this can be done under a clause which states that the Council (City) rnay rnake a by-law t'to adopt by reference and so t o a p p l y i n w h o l e o r i n p a r t c o d e s o r s t a n d a r d s a d o p t e d b y r e c o g n i z e d e n g i n e e r i n g , b u i l d i n g , e l e c t r i c a l , o r t r a d e s a s s o c i a t i o n s i n . . . C a n a d a

capable of application to the erection . . . of any buildingrr. It con-tains another unique requirernent which allows the city building by-law to apply "within one rnile outside the lirnits of the City in any direction as well as within the Cityr?.

I t a p p e a r s t h a t t h e p r o v i n c i a l F i r e P r e v e n t i o n A c t e x e r c i s e s c o n s i d e r a b l e c o n t r o l o v e r b u i l d i n g s s i n c e i t l i s t s , a s a d u t y o f t h e F i r e Cornrnissioner, the review of plans for construction to deterrnine that p r o p e r p r e c a u t i o n s a r e t a k e n a g a i n s t t h e s p r e a d o f f i r e " H e r n a y a l s o order the rernoval or dernolition of t,azardous buildings.

The building and housing regulations in the 5t. Johnts Act are quite clear and cover such things as the use of buildings,

zoning, back yards, height of buildings, and rnany other requirernents found in the National Building Code. For exarnple, the owner of a building is responsible for the stabitity and the carryi.ng out of the work in accor-dance with the by-law even when a perrnit has been issued approving plans which rnay later be found lacking with respect to the building by-law. The Act contains another unique requirernent which states that a house t'shall be weathe r proof and shall provide adequate shelter frorrr heat and coldrt.

(iii) Construction Safety

Although there are no provincial regulations covering the e r e c t i o n o f s c a f f o l d s , s t a g e s , o r o t h e r t e r n p o r a r y a i d s t o c o n s t r u c t i o n , workrnen are compensated for injuries r,rnder the Workrrtenrs Compensation A c t ( 4 1 ) .

(iv) Planning and Zoning

The Urban and Rural Planning Act (4?.1 adrninistered by the Minister of Municipal Affairs and Supply, provides the authority for organized rnunicipalities of Newfoundland to pass aPproPriate local by-Iaws. Again, the private charters of the cities of St. Johnrs and

Corner Brook allows these two cities to control land use without reference to the provincial planning act.

(v) Electrical Installations

In Newfoundland the Local Governrnent Act allows for the adoption of the Canadian Electrical Code. The City of St. Johnrs and

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-Corner Brook have separate rnunicipal by-laws under the terrrrs of t h e i r s p e c i a l A c t s c o v e r i n g e i e c t r i c a l s e r v i c e s .

(vi) Plurnbing Services

Through the Local Government Act rnunicipalities of New-foundland cair use the plumbing requirernents of the National Building

Code as can also the City of Corner Brook under the terrns of its special act. There is no other provincial ordinance to this effect.

NOVA SCOTIA

The Municipal Act (43), Townrs Incorporation Act (44) and Village Service Act (45) provide the rnunicipatities of Nova Scotia with the authority to pass local building by-Iaws which rnay be affected try requirements contained in the Factories Act (46), Town Planning Act (471, and Fire Prevention Act (48). Two cities, Halifax and Sydney, o p e r a t e u n d e r s p e c i a l c h a r t e r s . T h e r u r a . l a r e a o f N o v a S c o t i a i s

divided into counties and districts called I'rnunicipalities't which operate under the Municipal Act.

(i) Building Inspectors

The Municipal Act, Townrs Incorporation Act, and Village Service Act are quite specific in the appointrnent of this official. The duties of the building inspector are not rnentioned. There does not appear to be any requirement for the indemnification or liability of a building i n s p e c t o r i n t h e A c t s .

(ii) Building Regulations

The Municipal Act and the Townts Incorporation Act provide the authority for rnunicipalities to pass building by-laws. The Village Service Act is not so clear in this respect, but it is probable that a village can use the Municipal Act as the authority for a building by-law. The three above-rnentioned Acts also provide for the dernolition or rernoval of buildings erected contrary to the by-l'aw or deerned to be a menace to health or safety. I3oth the Municipal Act and the Townrs Act contain the authority for rnunicipalities to regulate the erection of radio and television aerials even though this is really a federal responsibility covered by the federal Radio Act adrninistered by the Departrnent of T r a n s p o r t .

The Plans of any building intended as a factory rnust be sub-rnitted to a provincial inspector to ensure their conformance with the re-quirernents of the Factories Act. Since this is a provincial ordinance,

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-it is superior to a local building by-law. The Factories Act lays ernphasis on fire safety, especially in the requirernents for fire escapes. Since the National Building Code does not permit exposed fire escapes except on existing buildings, where the Code is used in a cornrnunity as a building by-Iaw the Factories Act would be superior, except where the intent of this Act is rnet when the Code dernands enclosed fire stairs in lieu of o u t s i d e e s c a p e s .

The Fire Prevention Act also contains regulations that would affect a local building by-law to the extent that it lays down requirernents for fire escapes and enclosed fireproof stairways for hotels as well as requirernents for fireproof construction and exit requirernents. Here too the provincial regulations would apply unless the local by-law was rnore r e s t r i c t i v e .

In rnunicipalities where a locaI zoning by-law under the terrns of the Town Planning Act has been passed, the building by-law is again superseded where the two differ.

Nova Scotia also has an ordinance covering the regulating of elevators and lifts, viz., the Elevators and Lifts Act (49) whiih takes seniority of the Factories Act where the two rnight conflict in regard to the requirernents for elevators and lifts unless those contained in the F a c t o r i e s A c t a r e r n o r e r e s t r i c t i v e .

(iii) Construction Safety

The Workrnenrs Cornpensation Act (50) provides for the compensation of injured workrnen but does not include requirements for the safe construction of scaffolds, lifts, or other ternporary aids to construction.

(in) Planning and Zoning

The Town Planning Act, adrninistered by the Minister of Municipal Affairs, is applicable to any city, town, or rnunicipality. W'here the local zoning by-Iaw and the building by-law conflict with r e s p e c t t o h e i g h t s o f b u i l d i n g s , s i d e y a r d s , e t c . , t h e r n o r e r e s t r i c t i v e by-law shall govern. For exarnple, if the building by-law perrnits a three-storey building of a certain type of construction, the zoning by-law rnay Perrnit only a two-storey building; the latter then takes precedence. The zoning by-law shall also require that plans for dwelling houses and other buildings shall be subrnitted to the planning board for approval.

In a city or town where there is a properly constituted building department, the powers of the planning board shall be vested in the building department.

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-The Village Service Act allows a village to rnake application for a zoning by-law based on the Town Planning Act.

(',r) Electrical Installations

T h e E l e c t r i c a l I n s t a l l a t i o n s A c t ( 5 1 ) , w h i c h i s a p p l i c a b l e

except in Halifax and Sydney, provides that electrical installations

rnust be rnade in accordance with regulations rnade by the Fire Marshal

under the Fire Prevention Act. Such regulations give effect to the

Canadian Electrical Code.

The zoning by-law of National Building Code for control that where the Code and any other p a r t s h a l l p r e v a i l .

(ni) Plurnbing Services

N o v a S c o t i a h a s n o

Sorne rnunicipalities have drawn

ONTARIO

tbe County of Halifax refers to the

of building construction, but states

part of the by-law conflict the other

provincial plurnbing regulations.

up and enforced local plurnbing by-Iaws.

Until the Spring of 1959 provisions for dealing with building by-laws were contained in the Ontario Municipal Act (521. These were t r a n s f e r r e d i n I 9 5 9 t o t h e P l a n n i n g A c t ( 5 3 ) w h i c h w a s f u r t h e r a l t e r e d

to allow the rnunicipalities of Ontario to adopt the National Building Code

as a building by-Iaw which had not heretofore been perrnitted by the

Municipal Act. The rninirnurn requirernents for tourist establishrnents

are contained in the Tourist Establishrnents Act (54) administered by

the Departrnent of Travel and Publicity. Regulations rnade under this

Act are generally based on the National Building Code and take seniority

over a local building by-Iaw where the two contravene. In addition, the

F a c t o r y A c t ( 5 5 ) , H o t e l F i r e S a f e t y A c t ( 5 6 ) , P l a n n i n g A c t ( 5 3 ) , . T h e a t r e Act (57), Fuels Act (58), Housing Developrnent Act (5p')' Building Trades Protection Act (60), Egress frorn Public Buildings Act (6I), and the Fire Marshalrs Act (62) aff irnpinge on and affect the status of a local

building by-law which rnight contain requirernents not as stringent as

t h o s e r e q u i r e d b y t h e s e A c t s . (i) Building Inspectors

The appointrnent of a building inspector is covered under a general clause of the Municipal Act which appoints rrsuch officers and

servants as rnay be necessaryt'. Ontario has a Public Authority

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-police, etc., who rnalr through error, have wrongly judged an individual who rnay wish to sue. This does not apply to buildj.ng inspectors, and there does not appear to be any provision for the indernnification or

liability of rnunicipal officials. It does not rnean however that a rnunicipal council cannot provide for this in a local by-law.

(ii) Building Regulations

A rnunicipality of Ontario under the terrns of the Planning Act, rnay write its own building by-law or adopt the National Building

Code of Canada. In a rnrrnicipality where a factory, school, theatre, workshop, office, or rnotel is being erected, other provincial regulations rnust be rnet if the local by-Iaw is not stringent enough. For exarnple, under the Factory, Workshop and Office Act the plans for all buildings which house five or rnore workers, or any building which will house rnachinery, nlust be reviewed and approved by the Departrnent of Labour. Under the Theatre Act the plans for theatres rnust also be reviewed and are often referred to the provincial Department of Public Works for structural review. The plans for a hotel rnore than two stories in height rnust be subrnitted to the provincial Fire Marshal for approval prior to construction under the terrns of the Hotel Fire Safety Act. The Public Halls Act (64) provides for rninirnu-rn fire safety regulations for public places of assernbly, but does not contain requirernents for structural sufficiency. Other ordinances which affect building in Ontario are: The Tourist Establishrnent Act regulating location, space requirernents, fire prevention rnethods, rnaintenance of buildings,, plurnbing facilities, etc. As rnentioned earlier the requirernents of the National Building Code are being used where applicable: the Planning Act regulating the t1pe, size, and design of buildings in specified zones; the Housing Developrnent Act regulating for the developrnent and construction of housing projects in connection with the Departrnent of Planning and Developrnent under the terrns of the National Housing Act; the Fire Marshalrs Act regulating fire s afety by ordering the rernoval of unsafe and hazardous buildings and providing for safe rneans of egress in buildings; and the Ontario Fuels Board Act, which provides for the adoption by reference of the codes and standards for heating equiprnent which have been accepted by the Ontario Fuels Board.

The regulations contained in these illrnerous Acts (and others not rnentioned, such as the Liquor Control Act) are detailed to the point where they cannot be fully covered in a general report of this nature. It is enough, however, to say that the building by-law of a rnunicipality

would have to be so restrictive to rneet all the requirernents of the various provincial ordinances that only a by-Iaw based on the National Buitding

Code would be acceptable, since the rnajority of the provincial regulations a r e b a s e d o n t h e C o d e .

z z

-(iii) Gonstructijn Sa:lety

The Building Trades Protection Act issued by the Department of Labour contains provisions for the protection of workrnen ernployed on buildings. The Act dernands that a rnunicipal council appoint inspectors to enJorce the Act with respect to the requirernents for scaffolde, hoists, staging, ladders, and other ternporary contrivances. It also provides for covered or fenced passageways for buildings being erected close to streets where the public is using a sidewalk. A local rnunicipal by-Iaw which contains these or rnore stringent requirernents can be e n f o r c e d .

(iv) Planning and Zoning

The Plarrning Act adrninistered by the Departrnent of Planning and Developrnent is applicable to any city, town, village, or irnprovernent district, and provisions for the approval for an official plan are contained therein.

(") Electrical Installatior'.^s

The Power Cornrnission Act (65) of Ontario requires the use of the regulations of the Canadian Electrical Code for the instal-lation of electrical equiprnent.

(vi) Plr}rnbing Services

The Ontario Plurnbing Code recently adrninistered under the Public Health Act is now the responsibility of the Ontario Water Resources

Gornrnission. Enforcement of the Code, which is based prirnarily on the National Building Code, is of course the responsibility of the rnunicipal governrnents.

PRINCE EDWARD ISI,AND

The towns and villages of Prince Edward Is1and rnay enact building by-laws through the Town Act (56) and the Village Service Act (67), both administered by the Minister of Industry and Natural Resources. The Town Planning Act (68) and the Fire Prevention Act (59), adrninistered by the sarne Minister, contain requirements which irnpinge on the local b y - l a w s .

(i) Building Inspector

Both the Town and Village Acts provide for a by-law appointing a building inspector and the Town Act goes further by

defining his duties. There appear to be no requirernents for the inddm-nification or liability of the building inspector in the Acts"

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(ii) Building Regulations

Building by-laws rnay be passed in towns and villages under the terrns of the Acts. The Town Act also allows for restricted zones .to be designated and the types and classes of buildings to be erected

thereon. Presurnably such a by"Iaw would be superseded by a zoning by-law passed under the authority of the Town Planning Act. The

Fire Prevention Act allows the Fire Marshal to order the rernoval of any hazardous building or its repair, as well as to ensure adequate rneans of egress frorn buildings, including fire escaPes. The building by-Iaw may also contain requirernents for the rernoval, repair, or dernolition of buildings which in the opinion of Council (not building inspector) are a menace to health and safety.

(iii) Construction Safety

There appear to be no provincial regulations on minimrrrn standards for scaffolds, stages, or other ternporary construction aids, but the usual cornpensation benefits for injured workrnen are covered in the Workrnenrs Compensation Act (70).

(iv) Planning and Zoning

The Town Planning Act, adrninistered by the Minister of Industry and Natural Resources, is applicable to any incorporated city or town, and the by-law would restrict the height, size, design and placing of buildings so affected by the plan.

(") Electrical Installations

The Electrical Inspection Act (71) covers the inspection of equiprnent used in buildings in accordance with the Canadi.an Electrical Code. An inspector shall not be held liable for injury, loss or darnage to any person or property by reason of defects in any electrical installation, notwithstanding any inspection or the issue of a certificate.

(vi) Plurnbing Services

Prince Edward Island does not appear to have a provincial plrrrnbing code. The two cities of this province, Gharlottetown

and Surnrnerside, are using the plumbing requirernents of the National Building Code.