MINISTERIAL ORDER NO.   TCS:001/21

 

 

 

 

 

WHEREAS the Lieutenant Governor in Council made Order in Council 354/2020 under Section 52.1(1) of the Public Health Act on November 24, 2020, declaring a state of public health emergency in Alberta due to COVID-19;

 

WHEREAS Order in Council 354/2020 has effect for 90 days following November 24, 2020 under Section 52.8(1)(a) of the Public Health Act;

 

WHEREAS Section 2.2(1) of the Safety Codes Act (the “Act”) authorizes the Minister, where a state of public health emergency or local state of public health emergency has been declared and is in effect under the Public Health Act, to modify or suspend any or all provisions of the Act in relation to any thing, process or activity, as well as, attach terms and conditions to the modification or suspension;

 

WHEREAS the Safety Codes Act includes the regulations and bylaws made under the Act and any code, standards or body of rules declared to be in force pursuant to the Act;

 

WHEREAS I am satisfied that to make such an order in respect of the Act because such an order will:

 

a)    assist the province to implement measures and alternative solutions for the safe administration, control and enforcement of any thing, process or activity to which the Act applies;

 

b)    support the recommendations and orders of the Chief Medical Officer that affect or apply to “construction” as defined in the Act; and

 

c)    provide flexibility for persons with responsibilities under Part 1 of the Act including Sections 5-9 and Section 11 for the safe management and control of any thing, process or activity to which this Act applies.

 

 

 

 

 

  1. Definitions

In this Order:              

a)    “permit” means a permit under Section 43 of the Act;

b)    “temporary facility” means a building or structure that is used or intended to be used, on a temporary basis, for the purpose of responding to the declared state of public health emergency, for the delivery of health care services or sleeping accommodation, by or on behalf of,

i)      the Government of Alberta,

ii)     the Government of Canada,

iii)   a regional health authority, or

iv)   a municipality, as defined in the Municipal Government Act.

c)    any other terms not defined in this Order that are defined in the Act shall have the same meaning as in the Act.

 

THEREFORE I, Ric McIver, Minister of Municipal Affairs, pursuant to Section 2.2(1) of the Act make the following order:

 

  1. The “Public Health Facilities Temporary Permits Application Form” (Permits Form) under Schedule I to this Order and “Public Health Facilities Guide” (Guide) under Schedule II to this Order are approved for use by persons to obtain permits for temporary facilities regulated by the Act.

a)    The Permits Form and Guide are intended to address the need for a surge in demand for temporary facilities related to the public health state of emergency; and

b)    based on the information provided by the applicant, building permit and all associated trades permits will be processed with this single Permits Form application.

  1. To address the need for a temporary facility, the requirements for the construction of a temporary facility, the conversion of all or part of an existing building or structure to a temporary facility, and the occupancy of a temporary facility may be modified or suspended by the appropriate accredited authority under the Act, as follows:

a)    the requirement for a permit under the Permit Regulation provided that:

i)      the permit cannot be reasonably or practically obtained as a result of the COVID-19 pandemic;

 

ii)     the thing, process or activity does not pose serious danger to persons or property; and

iii)   the owner of the temporary facility shall provide written notice to the municipality or accredited authority administering the Act in the jurisdiction where the temporary facility is located. Written notice shall include:

·            address of the temporary facility;

·            the purpose or use of the temporary facility;

·            the change of use if converting an existing building;

·            the starting date for using the temporary facility; and

·            a request for an inspection.

iv)   The owner of the temporary facility shall provide a further written notice to the municipality or accredited authority administering the Act in the jurisdiction where the temporary facility is located when the temporary facility is no longer required or in use.

b)    Any thing, process or activity related to a temporary facility in the following regulations and codes and standards declared in force by the following regulations under the Act:

i)      Administrative Items Regulation;

ii)     Amusement Rides Standards Regulation;

iii)   Building Code Regulation;

iv)   Certification and Permit Regulation;

v)    Electrical Code Regulation;

vi)   Elevating Devices Codes Regulation;

vii)  Elevating Devices, Passenger Ropeways and Amusement Rides Permit Regulation;

viii) Fire Code Regulation;

ix)   Gas Code Regulation;

x)    Motor Vehicle Gas Conversion Regulation;

xi)   Passenger Ropeways and Passenger Conveyors Standards Regulation;

xii)  Permit Regulation;

xiii) Plumbing Code Regulation;

xiv) Power Engineers Regulation;

xv)  Pressure Equipment Safety Regulation;

 

xvi) Pressure Welders Regulation; and

xvii)  Private Sewage Disposal Systems Regulation.

  1. For greater certainty, nothing in this Order derogates from the power of an Administrator or a safety codes officer to issue an Order or enforce an Order under the Act.

This Order comes into effect retroactive to November 24, 2020, the date on which the state of public health emergency was declared in Alberta due to COVID-19.

This Order lapses at the earliest of the following:

(a)  60 days after the declared state of public health emergency under the Public Health Act is terminated, lapses or expires; or

(b)  when this Order is terminated by the Minister.

 

 

 

 

 

Dated at Edmonton, Alberta, this 16th day of February, 2021.

 

 

 

 

 

 

                                                                                                                                        

                                                                     Ric McIver

                                                                     Minister of Municipal Affairs