Bill 3, 2015: Building Act (the "Building Act"), which received Royal Assent on March 25, 2015, provides long-promised changes to the building regulatory system in BC.  The Province's stated purposes behind the Building Act are to: (1) streamline building requirements, (2) establish mandatory qualifications for local building officials and (3) expand the Province's ability to review innovative building proposals.

The most significant part of the Building Act is the repeal of the "spheres of concurrent authority" provisions that currently exist under the Community Charter and the Local Government Act.  Local governments which fall within the definition of "local authorities" under the Building Act, will see their authority to enact and maintain building-related bylaws restricted through the operation of section 5.  Pursuant to section 5(3), a requirement in respect of building activities that is enacted by a local authority (a "local building requirement") has no effect to the extent that it relates to a matter that is:

  1. subject to a requirement, in respect of building activities, of a building regulation, or
  2. prescribed by regulation as a restricted matter.

While the ultimate scope of these restrictions on local government authority will only be fully known when the Minister makes regulations under the Building Act, the framework provides for some possible outcomes for local government building bylaws after the two year transitional period has ended, such as:

  • If the bylaw relates to a matter that has been addressed by a Provincial building regulation, then the bylaw will have no effect. 
  • If the bylaw related to a "restricted matter", then the bylaw will have no effect.
  • If the Minister prescribes by regulation that a building-related matter is an "unrestricted matter", then the bylaw relating to that matter will continue to have effect. 
  • If a Provincial building regulation does not regulate a matter in any way, then the bylaw on that matter will continue to have effect.

If a local government's building bylaw ceases to have effect through the operation of the Building Act, and the local government wishes to address a building-related concern in a manner that differs from the Provincial building regulation on the matter, then the local government will have to make a request to the Minister that the Minister make a building regulation in respect of the local government, pursuant to section 7.  The Building Act empowers the Province to charge certain cost recovery fees, in amounts that will be determined by regulation, for these requests for variations. 

To address concerns about the qualifications of building officials, the Building Act also provides for the creation of mandatory qualification requirements for building officials.  The Building Act will also create a register of qualified building officials headed by a registrar who will be designated by the Minister.

Much of the Building Act empowers the Minister to make regulations relating to building activity.  At this stage, the content of these regulations is unknown, and as such, the full effect of the Building Act is somewhat uncertain.  However, considering the broad scope of regulatory authority given to the Minister, the Building Act will, when it comes into force, undoubtedly have significant effects on the ability of local governments to establish, maintain and enforce bylaws that relate to building activities within their boundaries. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.