Local Government Act and Community Charter – Sections to be aware of

Local Government Act:

  • Section 738        No individual liability for municipal employees acting in the course of their employment unless there is dishonesty, gross negligence, or malicious or willful misconduct.
  •  Section 742        Immunity from claims relating to the failure to prosecute anyone for the failure to comply with provincial or municipal building regulations.
  • Section 743        Immunity for plan review if the local government is relying on the registered professional of record and has advised the owner of this.

Community Charter:

  • Section 54          If a building official withholds a building permit, he must provide written reasons if asked by the applicant to do so.  Also, if the Building Bylaw requires an occupancy permit, the building official may withhold the permit if the building does not comply with the code or other provincial or municipal enactments regarding safety.
  • Section 55          A local government may by bylaw require the certification of an engineer for a project based on site conditions, size, complexity, or aspects of developments.
  • Section 56          For new buildings or alterations to existing buildings on land the building official deems to be at risk from flooding, mud flows, debris flows, debris torrents erosion, land slip, rockfalls, subsidence, or avalanche, the building official may require as a condition of a building permit that the applicant hire an engineer to assure that the land will be safe for the use intended.  If that engineer indicates conditions for the safe use of the land, then the local government may require a covenant on title stipulating those conditions as requirements for all successive owners of the property.
  • Section 57          If the building official notices a contravention of a bylaw or provincial regulation pertaining to the safety of a building or structure, the local government may place a notice on title of the property warning subsequent purchasers of the violation or defect.