Acts and Regulations

2020, c.8 - Building Code Administration Act

Section 28
Disposition versions

Full text
Community Planning Act
28(1)Subsection 1(1) of the Community Planning Act, chapter 19 of the Acts of New Brunswick, 2017, is amended
(a) by repealing the definition “building inspector”;
(b) in the definition “non-conforming use” in the portion preceding paragraph (a) by striking out “or a development and building permit” and substituting “under the Building Code Administration Act”;
(c) by adding the following definition in alphabetical order: 
“building inspector” means a building inspector as defined in the Building Code Administration Act.(inspecteur en bâtiment)
28(2)The heading “Regional plan, municipal plan, rural plan, by-law or regulation to be consistent with statement of provincial interest” preceding section 15 of the Act is repealed and the following is substituted: 
Regional plan, municipal plan, rural plan, by-law or regulation under this Act or a building by-law under the Building Code Administration Act to be consistent with statement of provincial interest
28(3)Section 15 of the Act is repealed and the following is substituted: 
15(1)A regional plan, municipal plan, rural plan, a by-law or a regulation under this Act or a building by-law made under the Building Code Administration Act, or an amendment or addition to any of them, that is made or adopted after the coming into force of a statement of provincial interest shall be consistent with the statement of provincial interest.
15(2)A regional plan, municipal plan, rural plan, a by-law or a regulation under this Act or a building by-law made under the Building Code Administration Act, or an amendment or addition to any of them, that is made or adopted after the coming into force of a statement of provincial interest that is inconsistent with the statement of provincial interest, is considered inconsistent with this Act and regulations under this Act and is of no effect to the extent of the inconsistency, unless the council can demonstrate to the Minister a practical reason for being so.
28(4)The heading “Division B” preceding section 62 of the Act is repealed.
28(5)The heading “Building By-laws” preceding section 62 of the Act is repealed.
28(6)The heading “Building standards and permits” preceding section 62 of the Act is repealed.
28(7)Section 62 of the Act is repealed.
28(8)Clause 102(1)(b)(i)(B) of the Act is repealed and the following is substituted:
(B) developments for which no building permit is required under the Building Code Administration Act,
28(9)Subsection 108(1) of the Act is amended in the portion preceding paragraph (a) by striking out “or development and building permit” and substituting “under the Building Code Administration Act”.
28(10)Section 111 of the Act is amended
(a) in subsection (2), by striking out “, a building by-law”;
(b) in paragraph (8)(b), by striking out “, building by-law”.
28(11)Paragraph 124(1)(h) of the Act is repealed and the following is substituted: 
(h) prescribing matters that a development must be in conformity with under subsection 108(1) before a building permit under the Building Code Administration Act may be issued;
28(12)Section 125 of the Act is amended
(a) in subsection (1)
(i) in paragraph (h) by striking out “and building”;
(ii) in paragraph (i) by striking out “and building”;
(b) in paragraph (14)(c) by striking out “paragraph (1)(a), (b), (f), (g), (h) or (i)” and substituting “paragraph (1)(a), (b), (f) or (g)”.
28(13)Subsection 134(1) of the French version of the Act is amended by striking out “inspecteur des constructions” and substituting “inspecteur en bâtiment”.
Community Planning Act
28(1)Subsection 1(1) of the Community Planning Act, chapter 19 of the Acts of New Brunswick, 2017, is amended
(a) by repealing the definition “building inspector”;
(b) in the definition “non-conforming use” in the portion preceding paragraph (a) by striking out “or a development and building permit” and substituting “under the Building Code Administration Act”;
(c) by adding the following definition in alphabetical order: 
“building inspector” means a building inspector as defined in the Building Code Administration Act.(inspecteur en bâtiment)
28(2)The heading “Regional plan, municipal plan, rural plan, by-law or regulation to be consistent with statement of provincial interest” preceding section 15 of the Act is repealed and the following is substituted: 
Regional plan, municipal plan, rural plan, by-law or regulation under this Act or a building by-law under the Building Code Administration Act to be consistent with statement of provincial interest
28(3)Section 15 of the Act is repealed and the following is substituted: 
15(1)A regional plan, municipal plan, rural plan, a by-law or a regulation under this Act or a building by-law made under the Building Code Administration Act, or an amendment or addition to any of them, that is made or adopted after the coming into force of a statement of provincial interest shall be consistent with the statement of provincial interest.
15(2)A regional plan, municipal plan, rural plan, a by-law or a regulation under this Act or a building by-law made under the Building Code Administration Act, or an amendment or addition to any of them, that is made or adopted after the coming into force of a statement of provincial interest that is inconsistent with the statement of provincial interest, is considered inconsistent with this Act and regulations under this Act and is of no effect to the extent of the inconsistency, unless the council can demonstrate to the Minister a practical reason for being so.
28(4)The heading “Division B” preceding section 62 of the Act is repealed.
28(5)The heading “Building By-laws” preceding section 62 of the Act is repealed.
28(6)The heading “Building standards and permits” preceding section 62 of the Act is repealed.
28(7)Section 62 of the Act is repealed.
28(8)Clause 102(1)(b)(i)(B) of the Act is repealed and the following is substituted:
(B) developments for which no building permit is required under the Building Code Administration Act,
28(9)Subsection 108(1) of the Act is amended in the portion preceding paragraph (a) by striking out “or development and building permit” and substituting “under the Building Code Administration Act”.
28(10)Section 111 of the Act is amended
(a) in subsection (2), by striking out “, a building by-law”;
(b) in paragraph (8)(b), by striking out “, building by-law”.
28(11)Paragraph 124(1)(h) of the Act is repealed and the following is substituted: 
(h) prescribing matters that a development must be in conformity with under subsection 108(1) before a building permit under the Building Code Administration Act may be issued;
28(12)Section 125 of the Act is amended
(a) in subsection (1)
(i) in paragraph (h) by striking out “and building”;
(ii) in paragraph (i) by striking out “and building”;
(b) in paragraph (14)(c) by striking out “paragraph (1)(a), (b), (f), (g), (h) or (i)” and substituting “paragraph (1)(a), (b), (f) or (g)”.
28(13)Subsection 134(1) of the French version of the Act is amended by striking out “inspecteur des constructions” and substituting “inspecteur en bâtiment”.