S-3 - Public Buildings Safety Act

Updated to 1 April 1999

This document has official status.

chapter S-3

Public Buildings Safety Act

This Act has been replaced since 7 November 2000 by the Building Act (chapter B-1.1) with regard to buildings and facilities intended for public use to which Chapter I of the Building Code approved by Order in Council 953-2000 dated 26 July 2000 applies. (1985, c. 34, s. 282; 1991, c. 74, s. 116; Order in Council 952-2000 dated 26 July 2000, (2000) 132 G.O. 2, 4175).

This Act has been replaced since 21 October 2004 by the Building Act with regard to mechanical lifts and with regard to elevators and other elevating devices to which Chapter IV of the Construction Code, approved by Order in Council 895-2004 dated 22 September 2004, applies. (1985, c. 34, s. 282; 1991, c. 74, s. 116; Order in Council 893-2004 dated 22 September 2004, (2004) 136 G.O. 2, 2829).

This Act has been replaced since 1 January 2006 by the Building Act with regard to elevators and other elevating devices to which Chapter IV of the Safety Code, approved by Order in Council 896-2004 dated 22 September 2004, applies. (1985, c. 34, s. 282; 1991, c. 74, s. 116; Order in Council 893-2004 dated 22 September 2004, (2004) 136 G.O. 2, 2829).

This Act has been replaced since 21 June 2006 by the Building Act with regard to public baths. (1985, c. 34, s. 282; 1991, c. 74, s. 116; Order in Council 555-2006 dated 14 June 2006, (2006) 138 G.O. 2, 1811).

This Act has been replaced since 3 May 2012 by the Building Act with respect to amusement rides and devices. (1985, c. 34, s. 282; 1991, c. 74, s. 116; Order in Council 362-2012 dated 4 April 2012, (2012) 144 G.O. 2, 1136).

DIVISION I DECLARATORY AND INTERPRETATIVE

1. The words “owners of public buildings” in this act include persons, companies and corporations, who are owners, tenants or occupants, under any title, of any building mentioned in section 2, and their agents.

R. S. 1964, c. 149, s. 1.

2. The words “public building” in this Act mean churches and chapels, or buildings used as such, monasteries, novitiates, retreats, seminaries, colleges, convents, school-houses, kinder-gartens, day nurseries, infant asylums, charity work-rooms (ouvroirs), orphan asylums, church guild buildings (patronages), fresh-air camps, hospitals, clinics, convalescent or rest homes, asylums, shelters, hotels, rooming-houses of ten or more rooms, apartment houses having more than two stories and more than eight apartments, clubs, cabarets, concert-cafés, music-halls, moving-picture theatres, theatres, or halls used for similar purposes, outdoor cinemas, halls for public meetings, lectures or public amusements, municipal halls, buildings used for exhibitions, fairs, kermesses, stands on race-courses or used for public amusements, arenas for wrestling, boxing or hockey, or used for other sports, buildings of more than two stories used as offices, stores having a floor area of over three hundred square metres, railway, tramway or bus stations, registry offices and public libraries, museums and baths, rope tows, ski lifts and aerial tramways, and amusement park rides.

R. S. 1964, c. 149, s. 2; 1966-67, c. 22, s. 26; 1971, c. 48, s. 161; 1977, c. 60, s. 26; 1980, c. 11, s. 87.

Not in force

2.1. This Act shall have effect only for the application of the following provisions:

(1)  section 16 of the Architects Act (chapter A-21);

(2)  sections 69 and 71 of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1);

(3)  section 2 of the Engineers Act (chapter I-9);

(4)  subparagraph 10 of paragraph 42 of section 336 of the Charter of the City of Québec (1929, chapter 95).

1985, c. 34, s. 283.

DIVISION II APPLICATION OF ACT

3. Saving the restrictions which the Government may make in the regulations which it may enact in virtue of section 39, all public buildings mentioned in section 2 shall be subject to the provisions of this Act.

R. S. 1964, c. 149, s. 3.

DIVISION III SAFETY IN PUBLIC BUILDINGS

4. (1)  The public buildings mentioned in section 2 shall afford all the security required by this Act and the regulations made under its authority.

(2)  Public buildings open to the public on 25 April 1908 (the date of the coming into force of chapter 52 of the statutes of 1908), and which require too heavy an expense to be made conformable to the prescribed requirements, shall however be made to conform thereto as far as possible, to the satisfaction of the inspector.

(3)  No public building shall be built or altered, and no work affecting the solidity of a building or of part of a building, or changing the conditions of a building or part of a building, shall be done, without a permit from the inspector.

No building permit may be issued unless the inspector confirms, after examining them, that the plans and specifications are in conformity with this Act and the regulations and with the Act respecting the conservation of energy in buildings (chapter E-1.1) and the regulations.

(4)  When extensive alterations are made to a public building, an architect’s certificate as to the solidity and safety of such building shall be given by the owner to the inspector.

(5)  If the destination of a public building is so altered that greater solidity is required, an architect’s certificate establishing such solidity shall be given by the owner to the inspector.

(6)  Whenever owners and tenants cannot agree upon an architect, the choice thereof shall be made by the inspector, who shall appoint an architect recognized by the Ordre des architectes du Québec, and the certificate of such architect shall be valid.

R. S. 1964, c. 149, s. 4; 1973, c. 59, s. 23; 1977, c. 5, s. 229; 1980, c. 32, s. 26.

5. The provisions of section 4 shall not apply to the stations of any railway under the legislative jurisdiction of the Parliament of Canada.

R. S. 1964, c. 149, s. 5.

DIVISION IV DUTIES OF OWNERS OF PUBLIC BUILDINGS

6. Every owner of a public building shall:

(1)  send to the inspector a written notice giving his name, the name of the building and its destination, as well as the name of the place where it is situated, within 30 days previous to the opening of such building to the public;

(2)  send to the said inspector a written notification of every fire or accident which occurs in such building, within 48 hours from the occurrence of such fire or accident;

(3)  provide such inspector with everything necessary to facilitate an effective inspection of the building and its dependencies;

(4)  (paragraph repealed);

(5)  place a sufficient number of seats at the disposal of the persons employed in their stores, in order that they may sit down when the nature of their work requires it, or service upon customers permits.

R. S. 1964, c. 149, s. 6; 1982, c. 17, s. 74; 1995, c. 59, s. 1.

DIVISION V DUTIES AND POWERS OF INSPECTORS

7. Inspectors shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1) to ensure the application of this act and the regulations.

R. S. 1964, c. 149, s. 7; 1979, c. 63, s. 319; 1983, c. 55, s. 161.

8. (Repealed).

R. S. 1964, c. 149, s. 8; 1979, c. 63, s. 320.

9. They shall have the right to be present at inquiries held by the fire investigation commissioners for the cities of Québec and Montréal, and at inquests held by coroners, in all cases of fire or accident in a public building, and to question the witnesses, in order to ascertain the cause of such fire or accident.

R. S. 1964, c. 149, s. 9; 1968, c. 16, s. 38.

10. (1)  They shall have the right to make, to the proper authorities, any suggestions they may consider advisable in the interest of safety in public buildings.

(2)  They shall have the right, in the performance of their duties, of free entrance into public buildings at any hour of the day or night; and shall be admitted therein without delay, on presenting a card identifying them, bearing the seal of the inspection department and the signature of the Minister of Labour or that of the chief inspector.

(3)  They may require the production of the certificates or other documents required by law and the regulations passed in virtue thereof, as well as all information they may think necessary.

(4)  If they have reason to fear being molested in the performance of their duties, they may in any case require one or more constables to accompany them.

(5)  If an inspector ascertains that by reason of insufficient resistance or solidity in a building or any part of a building, there is a danger of collapse, he shall forthwith order that such building or part of a building, as the case may be, shall be immediately and completely vacated, and for such purpose may require the services of the municipal police force or the Sûreté du Québec, or of a peace officer.

The Minister may suspend or reverse any such decision of the inspector.

(6)  They may take samples of material, free of charge, for analysis; they must then inform the owner of the public building and, if possible, return the samples after analysis.

(7)  They may make photographs of public buildings.

(8)  The Government may, by regulation, specify the powers granted to inspectors and provide for other powers to allow them to see to the application of this Act and the regulations.

R. S. 1964, c. 149, s. 10; 1968, c. 17, s. 97; 1968, c. 43, s. 17; 1977, c. 5, s. 14; 1979, c. 63, s. 321; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1989, c. 8, s. 1; 1994, c. 12, s. 58; 1996, c. 29, s. 43.

10.1. The Minister may grant to other civil servants the powers granted to inspectors under this Act and the regulations.

1979, c. 63, s. 322.

11. (Repealed).

R. S. 1964, c. 149, s. 11; 1989, c. 8, s. 2.

DIVISION VI HOW PUBLIC BUILDINGS TO BE KEPT

12. (1)  Public buildings, and all accessories thereof, movable or immovable, shall be so erected and kept that the lives of all persons residing therein or having access thereto shall be effectually protected against accidents.

(2)  They shall be provided with all means necessary to permit a prompt and easy exit therefrom of the occupants or of the public in case of an alarm of fire or a panic.

(3)  (Subsection repealed).

R. S. 1964, c. 149, s. 12; 1995, c. 59, s. 2.

13. (Repealed).

R. S. 1964, c. 149, s. 13; 1989, c. 8, s. 3; 1995, c. 59, s. 3.

14. (Repealed).

R. S. 1964, c. 149, s. 14; 1977, c. 60, s. 27; 1995, c. 59, s. 3.

15. (Repealed).

R. S. 1964, c. 149, s. 15; 1995, c. 59, s. 3.

16. (Repealed).

R. S. 1964, c. 149, s. 16; 1995, c. 59, s. 3.

17. (Repealed).

R. S. 1964, c. 149, s. 17; 1977, c. 60, s. 28; 1981, c. 23, s. 51.

18. (Repealed).

R. S. 1964, c. 149, s. 18; 1981, c. 23, s. 52; 1995, c. 59, s. 3.

19. (Repealed).

R. S. 1964, c. 149, s. 19; 1995, c. 59, s. 3.

20. (Repealed).

R. S. 1964, c. 149, s. 20; 1995, c. 59, s. 3.

21. (Repealed).

R. S. 1964, c. 149, s. 21; 1977, c. 60, s. 29; 1989, c. 8, s. 4.

22. (Repealed).

R. S. 1964, c. 149, s. 22; 1977, c. 60, s. 30; 1989, c. 8, s. 5; 1995, c. 59, s. 3.

23. (Repealed).

R. S. 1964, c. 149, s. 23; 1995, c. 59, s. 3.

24. (Repealed).

R. S. 1964, c. 149, s. 24; 1977, c. 60, s. 31; 1995, c. 59, s. 3.

25. (Repealed).

R. S. 1964, c. 149, s. 25; 1995, c. 59, s. 3.

26. (Repealed).

R. S. 1964, c. 149, s. 26; 1995, c. 59, s. 3.

27. (Repealed).

R. S. 1964, c. 149, s. 27; 1995, c. 59, s. 3.

28. (Repealed).

R. S. 1964, c. 149, s. 28; 1995, c. 59, s. 3.

29. (Repealed).

R. S. 1964, c. 149, s. 29; 1995, c. 59, s. 3.

30. (Repealed).

R. S. 1964, c. 149, s. 30; 1995, c. 59, s. 3.

31. (Repealed).

R. S. 1964, c. 149, s. 31; 1979, c. 63, s. 323; 1995, c. 59, s. 3.

32. (Repealed).

R. S. 1964, c. 149, s. 32; 1971, c. 48, s. 161; 1992, c. 21, s. 333; 1995, c. 59, s. 3.

33. Every owner, lessee or agent, who fails to comply with any notice given by the inspector in virtue of this Act, shall be liable to the penalty prescribed by section 35, and until he has complied with such notice, no meeting or performance shall take place in such theatre or public amusement hall, and the inspector may post at the entrance of such building, in a conspicuous place, a placard indicating that the said building is dangerous.

R. S. 1964, c. 149, s. 33.

34. The owner of any building, destroyed or partially destroyed, or rendered dangerous by fire or otherwise, shall demolish such building, and if the owner refuses or neglects so to do, after being ordered so to do by the inspector, the building shall be demolished at the expense of such owner, and the recovery of the cost of such demolition is secured by a legal hypothec upon the land where the building is situated.

R. S. 1964, c. 149, s. 34; 1995, c. 33, s. 28.

DIVISION VII PENAL PROVISIONS

1992, c. 61, s. 551.

35. (1)  Every owner of a public building who infringes any provision of this Act or the regulations thereunder or whose building does not comply with any of the provisions thereof is guilty of an offence and is liable to a fine of $275 to $625 in the case of a natural person, and $625 to $1,225 in the case of a legal person.

In the case of a second or subsequent conviction, the offender is liable to a fine of $550 to $1,225 in the case of a natural person, and $1,225 to $2,450 in the case of a legal person.

(2)  The incumbents, churchwardens or trustees owning churches or buildings used as such under Division I of the Act respecting lands of religious congregations (chapter T-7), and all others owning churches or buildings used as such in virtue of any other law, shall be subject to the provisions of this Act, and, in case of contravention, shall be severally liable to the fines set forth in subsection 1 of this section.

R. S. 1964, c. 149, s. 35; 1986, c. 58, s. 104; 1989, c. 8, s. 6; 1990, c. 4, s. 802; 1991, c. 33, s. 133.

36. Every owner of a public building who hinders the work of an inspector or obstructs him in the exercise of his functions is guilty of an offence and is liable to the fine prescribed in section 35.

R. S. 1964, c. 149, s. 36; 1968, c. 17, s. 97; 1968, c. 43, s. 17; 1977, c. 5, s. 14; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1986, c. 58, s. 105; 1989, c. 8, s. 7; 1990, c. 4, s. 803; 1994, c. 12, s. 59; 1995, c. 59, s. 4.

36.1. Every owner of a public building who directly and seriously endangers, whether by act or omission, the safety of the persons residing in, frequenting or having access to a public building is guilty of an offence and is liable to a fine of $800 to $1,850 in the case of a natural person, and $1,850 to $3,675 in the case of a legal person.

In case of a second or subsequent conviction, the offender is liable to a fine of $1,600 to $3,675 in the case of a natural person, and $3,675 to $7,325 in the case of a legal person.

1989, c. 8, s. 8; 1990, c. 4, s. 804; 1991, c. 33, s. 134.

36.2. Where an offence under section 35 or 36.1 continued for more than one day, a separate offence shall be counted for each day during which the offence continued.

1989, c. 8, s. 8; 1990, c. 4, s. 805.

36.3. Where an offence is committed under section 35 or 36.1, any director, executive officer, officer, employee or representative of the legal person who authorized, permitted or acquiesced in the commission of the offence is guilty of an offence, if he knew or should have known that his action would probably result in the commission of the offence, and is liable to the fine prescribed for a natural person under section 35 or 36.1, as the case may be.

1989, c. 8, s. 8.

DIVISION VIII JURISDICTION OF CERTAIN COURTS AND PROCEDURE

37. Penal proceedings for an offence under a provision of this Act shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted where more than five years have elapsed from the commission of the offence.

R. S. 1964, c. 149, s. 37; 1974, c. 11, s. 38; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1989, c. 8, s. 9; 1990, c. 4, s. 806; 1992, c. 61, s. 552.

38. (Repealed).

R. S. 1964, c. 149, s. 38; 1974, c. 11, s. 39; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1989, c. 8, s. 10; 1992, c. 61, s. 553.

39. (1)  The Government may make regulations, with respect to the buildings mentioned in section 2, upon the following, amongst other matters:

(a)  the construction of public buildings, and their solidity, so as to ensure the safety of those who reside in or who frequent the same;

(b)  the precautions to be taken against fire, and more particularly as respects: doors and windows, staircases, fire-escapes, fire-extinguishing and life-saving apparatus, and elevators and safety appliances in connection therewith;

(c)  (paragraph repealed);

(d)  the supervision measures required in public buildings and the qualifications of the persons who are to carry them out;

(e)  the safe operation of public buildings.

(2)  Nothing in this section shall affect the powers possessed by municipal councils of making by-laws respecting public safety, provided such by-laws or regulations be not inconsistent with those made in virtue of this Act.

(3)  Every regulation provided for in this section relating to an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) shall be made on the joint recommendation of the Minister and the Minister of Health and Social Services.

(4)  Any regulation made under this section applies to an establishment contemplated in the Act respecting occupational health and safety (chapter S-2.1) but which is not contemplated in section 2, to the extent that the safety of the public must be ensured.

R. S. 1964, c. 149, s. 39 (part); 1971, c. 48, s. 140; 1979, c. 63, s. 324; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1985, c. 23, s. 24; 1992, c. 21, s. 334, s. 375; 1994, c. 5, s. 1; 1994, c. 12, s. 59; 1994, c. 23, s. 23.

40. This Act shall not affect any rules and regulations, matters or things done or made under the law in force before 25 April 1908, which regulations, matters or things shall remain in force and have effect until the contrary be decided under this Act; nor shall it affect the rules and regulations adopted therein under the Public Health Act (Revised Statutes of Québec, 1964, chapter 161).

R. S. 1964, c. 149, s. 40.

41. An inspector may, if he considers it appropriate, issue a notice indicating to the owner of the public building the defects he has noted, and fix a period of time to enable the owner to comply with this Act or the regulations.

Moreover, the inspector may in such notice require that the owner take during such period any suppletory measure he thinks necessary to render the building safe for the persons residing therein, frequenting it or having access thereto.

R. S. 1964, c. 149, s. 41; 1989, c. 8, s. 11.

42. If the owner of a public building fails to comply with this Act and the regulations thereunder, the Minister may cause to be done at the expense of such owner, the work necessary to ensure the security of such building, or may order that such building be vacated and closed until the owner complies with this Act and the regulations thereunder.

Any such order shall be carried out by the proper inspector, who may require all assistance necessary for such purpose.

R. S. 1964, c. 149, s. 42; 1968, c. 43, s. 17; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1989, c. 8, s. 12; 1994, c. 12, s. 59.

42.1. The person to whom an order is notified without prior notice because, in the opinion of the inspector, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the Minister or the inspector.

1997, c. 43, s. 671.

DIVISION IX

This Division ceased to have effect on 17 April 1987.

43. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

44. The Minister of Labour is responsible for the administration of this Act.

1994, c. 12, s. 60; 1996, c. 29, s. 43.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 149 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-3 of the Revised Statutes.

Section 1 and subdivisions II to VIII will be repealed upon the coming into force of section 282 of chapter 34 of the statutes of 1985 on the date or dates fixed by order of the Government.

Section 2.1 of this Act will come into force upon the coming into force of section 283 of chapter 34 of the statutes of 1985 on the date fixed by order of the Government (1985, c. 34, s. 301).

This Act will be replaced upon the coming into force of section 116 of chapter 74 of the statutes of 1991 on the date fixed by order of the Government.