The following definitions apply in this Act. 2020, c.25, s.15; 2021, c.44, s.31; 2021, c.45, s.1; 2022, c.28, s.6
“building” means a building as defined in the Code.(bâtiment)
“Building Code Administrator” means the person appointed under section 21.(administrateur du Code du bâtiment)
“building inspector” means(inspecteur en bâtiment)
(a) a person who has the primary responsibility to a regional service commission for the enforcement of local government by-laws or other provincial laws with respect to building and construction within the region, and
(b) a building inspector, or a person who has the primary responsibility for the enforcement of by-laws or other laws with respect to building and construction, appointed under the Local Governance Act.
“Code” means the National Building Code adopted by reference in the regulations, and includes all revisions, errata and corrections to errata issued from time to time.(Code)
“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere.(construire)
“court” means the Provincial Court of New Brunswick, and includes any judge of that court.(cour)
“Crown” means the Crown in right of the Province. (Couronne)
“demolish” means to do anything in the removal of a building or a material part of a building.(démolir)
“development officer” means a development officer as defined in the Community Planning Act.(agent d’aménagement)
“local service district” Repealed: 2021, c.44, s.31
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“owner” means a person who holds title to real property and includes a person who has entered into an agreement to purchase the real property.(propriétaire)
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“rural district” means rural district as defined in subsection 1(1) of the Local Governance Act.(district rural)
This Act applies to the design, construction, alteration, replacement and demolition of buildings in the Province.
Except as otherwise provided in the regulations, this Act binds the Crown.
No person shall construct a building in the Province unless
(a) a building permit has been issued under this Act, and
(b) the construction work conforms
(i) with the Code,
(ii) with the standards prescribed by a building by-law of the local government in which the building is to be constructed or by a regulation, and
(iii) with the terms and conditions of the building permit.
No person shall demolish a building in the Province unless
(a) a demolition permit has been issued under this Act, and
(b) the demolition work conforms
(i) with the standards prescribed by a building by-law of the local government in which the building is to be demolished or by a regulation, and
(ii) with the terms and conditions of the demolition permit.
Subject to this section, a council of a local government may make a building by-law to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or any combination of the work, of a building.
In relation to work referred to in subsection (1), a building by-law may prohibit the undertaking or continuing of any work in violation of standards prescribed by the bylaw.
A council of a local government may, by building by-law,
(a) prescribe a system of permits for
(i) construction work, and
(ii) demolition work,
(b) prescribe the terms and conditions for the issuance of those permits,
(c) prescribe the terms and conditions of those permits,
(d) prescribe the grounds on which the issuance of those permits may be refused,
(e) prescribe the grounds on which those permits may be suspended, revoked or reinstated,
(f) provide for the form and manner in which applications for the issuance of those permits may be made and the content of the applications,
(g) prescribe the fees for the issuance of those permits, and
(h) provide for the circumstances in which the fees paid for those permits may be refunded.
No building by-law is valid unless the requirement of paragraph 112(1)(b) of the Community Planning Act is complied with and the building by-law comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.
Section 15 of the Local Governance Act applies to the making of a building by-law.
A building inspector shall issue a building permit or a demolition permit, as the case may be, if the following conditions are fulfilled: 2021, c.44, s.31
(a) the owner or a person acting on behalf of the owner makes an application in accordance with a building by-law or a regulation;
(b) a development officer has granted an approval with respect to the work under subsection 108(0.1) of the Community Planning Act; and
(c) the owner or a person acting on behalf of the owner pays the fees prescribed by a building by-law or a regulation.
Even if no construction work is proposed, no person shall change the use of a building or part of a building with respect to the occupancy classifications of the Code or permit the use to be changed unless a building permit has been issued.
An owner or a person acting on behalf of the owner shall post the building or demolition permit, as the case may be, or a copy of the building or demolition permit, within the time and in the manner fixed by regulation, in a prominent place on the premises in respect of which the building or demolition permit was issued.
For the purpose of ensuring compliance with a building by-law, this Act or a regulation under this Act, a building inspector may, at any reasonable time,
(a) enter any building or real property in the area for which the inspector has the responsibility of conducting inspections,
(b) be accompanied and assisted by a person who has special or expert knowledge,
(c) conduct tests, make inquiries and take samples, measurements, photographs or video recordings that the building inspector considers necessary, and
(d) perform any other duty or power prescribed by a building by-law or a regulation.
The minimum number of inspections that are required to be made by an inspector per construction or demolition work shall be prescribed by regulation.
An owner or a person acting on behalf of the owner shall notify the building inspector, in accordance with the regulations, that the construction or demolition work is ready for inspection.
After receipt of a notice, the building inspector shall carry out the inspection within the period of time prescribed by regulation.
A building inspector may charge the fees prescribed by a building by-law or a regulation for the services prescribed by the building by-law or the regulation.
Before or after attempting to effect entry under paragraph 9(1)(a), a building inspector may apply for an entry warrant under the Entry Warrants Act.
A local government and a regional service commission shall issue an identification card or other proof of identification to every building inspector appointed by the council of the local government and the commission, and, when executing his or her duties or powers under a building by-law, this Act or a regulation under this Act, a building inspector shall produce the identification card or other proof on request.
Despite paragraph 9(1)(a), a building inspector shall not enter an occupied part of a private dwelling except in the following circumstances:
(a) the building inspector has the consent of the occupier;
(b) the building inspector has obtained an entry warrant under the Entry Warrants Act; or
(c) the building inspector has reasonable and probable grounds to believe that the building poses a threat to public safety.
If a building inspector is refused admission to any building or real property referred to in paragraph 9(1)(a), the building inspector may serve on the owner a demand stating that the inspector shall be permitted to enter the building or property.
No person shall obstruct or interfere with a building inspector who is carrying out or attempting to carry out an inspection under section 9.
A refusal of consent to a building inspector to enter an occupied part of a private dwelling is not and shall not be deemed to be interfering with the work of or obstructing a building inspector, except where an entry warrant has been obtained or the building inspector has reasonable and probable grounds to believe that the building poses a threat to public safety.
If construction or demolition work is undertaken in contravention of the Code, a building by-law, this Act or a regulation under this Act, a building inspector may make one or more of the following orders:
(a) cessation of the construction or demolition work;
(b) alteration of the construction or demolition work to remove the contravention; and
(c) taking any other action required to make the building or real property safe.
When an order under this section is served, no person shall perform any construction or demolition work on the building or real property or the part of the building or real property in respect of which the order was made, other than work that is necessary to carry out the order or make the premises safe in accordance with the order.
When an order is made that requires construction work or demolition work to be carried out, the owner is responsible for paying the expenses of carrying out the construction or demolition work.
An order shall
(a) be in writing,
(b) be signed by the building inspector,
(c) be served on the owner of the land or building in respect of which the order is issued and, if a person applied for the building permit or demolition permit on behalf of the owner, on that person,
(d) state the grounds for requiring the action specified in the order,
(e) state that the action specified in the order is to be taken within the period stated in the order, and
(f) state the location of the building or real property or the part of the building or real property in respect of which the order is made.
2023, c.9, s.12023, c.9, s.1
Within 10 days after being served with an order made by a building inspector under section 14 in respect of construction work that, in the opinion of the building inspector, is undertaken in contravention of the Code, the owner of the building may appeal the order to the Building Code Administrator by serving a notice of appeal on the Building Code Administrator.
A notice of appeal shall be on a form provided by the Minister and shall be accompanied by the following information and documents:
(a) a copy of the building permit;
(b) a copy of the order; and
(c) any other relevant supporting information or documents.
On being served with a notice of appeal, the Building Code Administrator shall notify in writing the building inspector who issued the order or, if the building inspector cannot be found or is not available, the building inspector’s employer, and the building inspector or the employer, as the case may be, shall, without delay, provide the Building Code Administrator with all documents relating to the appeal, including inspection reports and tests.
Within 14 days after being served with a notice of appeal, the Building Code Administrator shall
(a) consider the appeal on the basis of the notice of appeal, the supporting information or documents and any other information or documents that the Building Code Administrator requires, and
(b) serve a copy of the written decision, with reasons, on the owner of the building and the building inspector or, if the building inspector cannot be found or is not available, the building inspector’s employer.
If the Building Code Administrator considers it necessary to make a decision, the Building Code Administrator may obtain advice from any person not directly related to the appeal who has professional, technical or specialized knowledge of the requirements of the Code.
A document that is to be served under this section may
(b) be served by electronic means.
2023, c.9, s.1Any party affected by a decision of the Building Code Administrator may appeal to a judge of The Court of King’s Bench of New Brunswick by filing a petition with the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the building is located. 2023, c.9, s.1
Subject to subsection (2), for the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of a building by-law or a regulation commits an offence punishable as a category B offence.
For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 22(1)(n) commits an offence of the category prescribed by regulation.
For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who does any of the following commits an offence punishable as a category E offence:
(a) violates or fails to comply with subsection 13(1); and
(b) violates or fails to comply with an order of a building inspector under section 14.
When a person violates or fails to comply with an order under section 14 and is convicted of an offence in respect of the violation or failure, the court imposing the conviction may order the person to comply with the order under section 14.
For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with an order of the court under subsection (4) commits an offence punishable as a category H offence.
For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who does any of the following commits an offence punishable as a category B offence:
(a) violates or fails to comply with section 4;
(b) violates or fails to comply with section 7;
(c) violates or fails to comply with section 8; and
(d) violates or fails to comply with subsection 10(1).
An order or demand that is to be served on a person under this Act shall be sufficiently served if
(a) that person is an individual, it is served by personal delivery on the individual,
(b) that person is a corporation, it is served by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation conducts business in the Province,
(c) it is mailed by ordinary mail to the latest known address of the person,
(d) it is served by prepaid courier to the latest known address of the person, and
(e) it is posted for three consecutive days in a prominent place on the premises in respect of which the building or demolition permit was issued.
Service by ordinary mail shall be deemed to have been effected five days after the date of mailing.
Service by prepaid courier shall be deemed to have been effected on the date the sender receives an acknowledgment of receipt card bearing a signature that purports to be the signature of the person to whom the order or demand was sent or receives confirmation in writing from the carrier that the order or demand was delivered to the person to whom the order or demand was sent.
Proof of the service of an order or demand in any manner provided for in section 17 may be by a certificate or an affidavit purporting to be signed by the building inspector or the carrier who effects service under paragraph 17(1)(d), naming the person to whom the order or demand was given and specifying the time, place and manner in which the order or demand was given.
A document purporting to be a certificate under subsection (1) shall be
(a) admissible in evidence without proof of signature, and
(b) conclusive proof that the person named in the certificate is aware of the matters referred to in the certificate.
In any prosecution for a contravention of this Act or the regulations where proof of the service is made as set out in subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be on the person charged.
An order or demand that has been served in accordance with section 17 and purports to be signed by the building inspector shall be
(a) received in evidence by any court of competent jurisdiction without proof of the signature,
(b) proof in the absence of evidence to the contrary of the facts stated in the order or demand, and
(c) in a prosecution for a contravention of this Act or the regulations, proof in the absence of evidence to the contrary that the person named in the order or demand is the owner.
No action lies for damages or otherwise against any of the following persons or entities in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act or the regulations by that person or entity:
(a) the Province;
(b) the Minister;
(c) the Minister of Environment and Local Government;
(d) the Building Code Administrator;
(e) a building inspector;
(f) a regional service commission; and
(g) a person acting under or who has acted under the authority of this Act or the instructions of a person or entity referred to in this section.
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
The Minister shall appoint an employee of the Department of Justice and Public Safety as the Building Code Administrator to exercise the powers and perform the duties imposed on the Building Code Administrator under this Act and the regulations. 2020, c.25, s.15
2021, c.44, s.31
The Lieutenant-Governor in Council may make regulations
(a) adopting by reference the Code;
(b) adopting by reference the National Energy Code of Canada for Buildings;
(c) adopting by reference a building code, supplementary to the Code for the purpose of making public buildings accessible to and usable by physically disabled persons or prescribing reasonable standards and designate classes of buildings to which the standards apply;
(d) prescribing one or more provisions of this Act to which the Crown is not bound;
(e) exempting any building or class of building from the application of this Act or the regulations or from the application of any provision of this Act or the regulations;
(f) prescribing the qualifications of building inspectors and the different qualifications necessary to inspect different classes of buildings;
(g) prescribing additional duties and powers of building inspectors;
(h) prescribing the minimum number of inspections that are required to be made by an inspector per construction or demolition work;
(i) prescribing the responsibilities and obligations of local governments and regional service commissions with respect to construction or demolition work;
(j) fixing the time and manner in which information shall be provided for the purposes of section 8;
(k) respecting the notification required under section 10, the content of the notice, the form and manner in which the notice shall be given and the period within which the inspection shall be carried out after receipt of the notice;
(l) prescribing the stages of construction for which an inspection is required under section 10, including the different stages of inspections for different classes of buildings;
(m) prescribing the responsibilities and obligations of owners, contractors, subcontractors and professionals with respect to construction or demolition work;
(n) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(o) prescribing the powers and duties of the Building Code Administrator;
(p) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both; and
(q) respecting any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.
The Lieutenant-Governor in Council may make regulations with respect to construction and demolition work in local governments that have not made a building by-law and in rural districts
(a) prescribing a system of permits for
(i) construction work, and
(ii) demolition work,
(b) prescribing the terms and conditions for the issuance of those permits,
(c) prescribing the terms and conditions of those permits,
(d) prescribing the grounds on which the issuance of those permits may be refused,
(e) prescribing the grounds on which those permits may be suspended, revoked or reinstated,
(f) providing for the form and manner in which applications for the issuance of those permits may be made and the content of the applications,
(g) prescribing the fees for the issuance of those permits, and
(h) providing for the circumstances in which the fees paid for those permits may be refunded.
Despite the Financial Administration Act, a fee prescribed under paragraph (2)(g) shall be paid to the appropriate regional service commission and shall be credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.
2021, c.45, s.2
2021, c.45, s.3
(i) in paragraph (h) by striking out “and building”;
(ii) in paragraph (i) by striking out “and building”;
(i) in paragraph a);
(ii) in paragraph c);
(i) in the portion preceding paragraph a);
(ii) in the portion preceding subparagraph c)(i);