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CHAPTER 45

OF THE

REVISED STATUTES, 1989

amended O.I.C. 80-645; 1986, c. 56


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Provide for the
Accessibility by Physically Handicapped
Persons to Buildings Constructed
in the Province

Short title

1 This Act may be cited as the Building Access Act. R.S., c. 45, s. 1.

Interpretation

2 In this Act,

(a) "building" means a building to which the public is admitted, but does not include apartment buildings, houses, boarding houses or buildings of Group F major occupancy as classified in the National Building Code of Canada 1975;

(b) "Minister" means the Minister of Municipal Affairs;

(c) "NBC" means the National Building Code of Canada;

(d) "physically handicapped person" means a person who is subject to a physiological defect or deficiency regardless of its cause, nature or extent, and includes all such persons whether ambulatory or confined to a wheelchair. R.S., c. 45, s. 2; O.I.C. 80-645.

Principal entrance

3 (1) Every building shall have at least one principal entrance designed in conformance with NBC Supplement No. 5, "Building Standards for the Handicapped 1975", for use by physically handicapped persons, opening to the outdoors at sidewalk level or to a ramp leading to an area at sidewalk level.

Building access

(2) Every building shall provide access for physically handicapped persons from the entrance described in subsection (1) to public spaces on the entrance floor, and to at least one elevator where elevators are provided.

Washroom access

(3) In every building where washrooms are provided for the public, at least one washroom shall be provided that is designed for and is accessible to physically handicapped persons in conformance with the appropriate provisions in NBC Supplement No. 5, "Building Standards for the Handicapped 1975".

Apartment building

(4) Notwithstanding the definition of "building" in clause (a) of Section 2, for the purpose of subsections (1) and (2) "building" includes an apartment building containing more than eight dwelling units.

Bathroom doorway

(5) Every bathroom or washroom doorway in an apartment building to which subsection (4) applies and, notwithstanding subsection (7), the construction of which commences on or after the first day of January, 1981, shall be of a width of not less than thirty-two inches.

Offence

(6) Every person who is the owner, constructor, lessor or operator of a building which does not comply with this Section shall be guilty of an offence.

Application of Section

(7) This Section shall apply to new buildings the construction of which commences on or after the first day of April, 1977, but not to a new building to which the Building Code Act applies or a building existing at the time a building code is first adopted pursuant to the Building Code Act to the extent to which the Building Code Act applies to that building. R.S., c. 45, s. 3; 1986, c. 56, s. 1.

Direction by Minister

4 Where the Minister is of the opinion that Section 3 is being violated, he may direct the person who owns or operates the building to provide access or facilities or cause access or facilities to be provided in accordance with Section 3 in a manner satisfactory to the Minister. R.S., c. 45, s. 4.

National Building Code reference

5 Where there is a reference in this Act to the National Building Code of Canada or a supplement thereto, such a reference shall be read and construed as if it incorporated the changes in the applicable portions of the National Building Code of Canada or the supplement as may be made from time to time. R.S., c. 45, s. 5.

Enforcement

6 Building inspectors in the employ of a city, town or municipality shall enforce the provisions of this Act and shall report violations of this Act to the Minister. R.S., c. 45, s. 6.

Regulations

7 (1) The Governor in Council may make regulations respecting any matter or thing that is necessary to effectively carry out the intent and purpose of this Act.

Regulations Act

(2) The exercise by the Governor in Council of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 45, s. 7.

Contravention of Act or regulations

8 (1) Any person who contravenes any provision of this Act or the regulations is guilty of an offence and on summary conviction, where a penalty for such offence is not otherwise provided, is liable to a fine of not more than one thousand dollars.

Contravention of Ministers direction

(2) Every person to whom a direction is given under Section 4 who fails to comply with it in accordance with its terms is guilty of an offence and on summary conviction is, in addition to the penalties mentioned in subsection (1), liable to a fine of not more than one hundred dollars per day for every day upon which the offence continued after such order was given.

Corporation

(3) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed is five thousand dollars and not as provided therein. R.S., c. 45, s. 8.

Consent to prosecute

9 No prosecution shall be commenced under this Act or the regulations without the consent of the Attorney General. R.S., c. 45, s. 9.

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