Safety Codes Act Review Information Session Presented by: Alberta Municipal Affairs & Safety Codes Council
Overview Safety Codes Act Background Process and Timelines Overview of Primary Topics Reorganization of the Act Role of Safety Codes Council Questions & Discussion Conclusion
Safety Codes Act Background History of the Act Came into effect in 1994 Consolidated and replaced several pieces of legislation governing Alberta s safety system for the built environment Created the Safety Codes Council to oversee aspects of the administration and delivery of services of the safety codes system, including the development and administration of safety codes and standards, training and certification of safety code officers, and hearing appeals. Adopted alternate forms of service delivery including accredited municipalities, agencies and corporations as well as delegated administrative organizations
Safety Codes Act Background The safety codes system created by the Act relies on strong partnerships among: Government Safety Codes Council Accredited municipalities, corporations and agencies Delegated Administrative Organizations In 2009, Municipal Affairs held a stakeholder consultation, which resulted in a number of proposed changes, including increases to the maximum fines for offences to be implemented as part of the Protection and Compliance Statutes Amendment Act, 2012. This consultation builds on the 2009 consultation in order to continue to strengthen the Safety Codes Act and the safety codes system.
Why review the Act? To ensure the Safety Codes Act provides the appropriate authority for a strong regulatory framework that can support the safety codes system Further explore identified opportunities for improvement based on past discussions with stakeholders An opportunity to review internal business practices and processes To make any necessary regulatory or policy changes
Process and Timelines The overall objective of the Safety Codes Act review is to ensure that the Act, as the enabling legislation, has the appropriate authorities within it in order to allow for further detailed discussion and consultation to occur on specific topics. The topics that are part of this consultation build on previous Safety Codes Act consultations and other discussions with stakeholders through various forums. Stakeholders will have an opportunity to review the discussion paper and participate in the online stakeholder consultation survey that will be hosted on the Municipal Affairs website. The online stakeholder consultation survey will be available from July 28 th to September 8 th. Based on the input and feedback received, Municipal Affairs will update its proposals and follow up with stakeholders if required. Municipal Affairs hopes to bring forward the amending legislation in the Legislature during the spring 2015 session.
Primary Themes: Discussion paper and survey Discussion paper and survey address 5 topics: Safety Codes System and Municipal Responsibility Municipal Authority to Manage Risks Using Prescribed Solutions Safety Codes Council Permitting and Permit-related inspection function Monetary Penalties Right to Appeal the Refusal of a Variance
Safety Codes System & Municipal Responsibility Safe and viable communities Purpose of municipalities is to provide good government, provide necessary and desirable facilities and services, and develop and maintain safe and viable communities (MGA). Variability Variability becomes an issue when the implementation of the municipal plan (safety-related) within a particular community falls below an acceptable minimum safety standard. Municipal responsibility The proposed change is a step toward linking the municipal decisions made at the development and construction stage to the decision to allow Albertans to safely occupy and use their home or building.
Municipal Authority to Manage Risks Advance a community risk management approach Identify, assess and manage safety risks at a community level Focus on: potential risks at all phases planning, building, operating, and maintaining cumulative impact of development, installations and ongoing operations Proposed way forward Allow municipalities to prescribe specific standards, through bylaw, to address risk management concerns for the community.
Safety Codes Council Permitting and Permit-related inspection function Accredited municipalities deliver services such as issuing permits and conducting inspections In unaccredited municipalities, Municipal Affairs provides these services through contracts with third-party accredited agencies Challenges in the current system The current system has experienced and continues to be susceptible to challenges such as competing business interests of agencies. Proposed way forward The Safety Codes Council is establishing a permitting and permit-related inspection function that will allow it to assume responsibility for the services currently provided by Municipal Affairs in unaccredited municipalities.
Monetary Penalties Current compliance mechanisms established under the Act: Orders Penalties for offences Prosecution with penalties of fines or imprisonment Existing mechanisms are not very effective Need new ideas Time is money; compliance monitoring takes time There is a need for a compliance tool that the responsible party takes seriously Suggested options Monetary penalties: Administrative penalties Ticketing
Right to appeal the refusal of variances Current Status Variances in the Safety Codes Act provides any person the opportunity to propose an alternative solution that provides equal or greater safety performance. Appeals exists for the refusal to issue a permit, certificate of competency or design registration, refusal of designation as a safety codes officer, refusal of accreditation by the Safety Codes Council, and appeals orders issued by safety code officers. Concerns have been raised about the lack of an appeal process for the refusal to issue a variance. Proposed way forward Allowing the appeal of refusal of variances would be consistent with the principles of administrative fairness.
Reorganization of the Act There are a number of maintenance and reorganization issues that should be addressed to ensure that the Act is clear and concise. The purpose of the maintenance and reorganization will be to: Clarify the intent and application of some the existing provisions to make it much easier to follow Update sections to reflect changes in other government legislation For example, the release of information provisions under the Act must be updated to be consistent with the Freedom of Information and Protection of Privacy Act.
Role of the Safety Codes Council The Council is playing an important role in the review of the Act, and will continue to do so as the process unfolds. Through working with the Act, the Council has previously identified areas where it could be enhanced or clarified. Members of the Safety Codes Council technical sub-councils will be asked to use their extensive knowledge of the safety system to review and provide input and feedback on the proposals included in the discussion paper.
Conclusion Although the Act continues to provide a solid foundation for Alberta s safety system, there are opportunities to clarify, refine, enhance, and specify provisions. This is extensive project, involving tight timelines, but we believe that all of the work we will be doing in cooperation with the Council and our partners will produce great results. Your input and expertise is valued and we encourage all of you to take the time to participate in the consultations. Reminder, the online consultation survey is now available on the Municipal Affairs website until September 8 th, 2014.
Questions & Discussion
Contact Information General inquiries about the Safety Codes Act Review, please contact Municipal Affairs at 1-888-421-6929 Access to Online Stakeholder Consultation Survey on Municipal Affairs website http://www.municipalaffairs.alberta.ca/cp_safety_codes_act_consulta tion.cfm Safety Codes Council - www.safetycodes.ab.ca