Tirion Properties Ltd. v. Safety Codes Council

Tirion Properties Ltd. v. Safety Codes Council, 2008 ABQB 549


A recent decision of the Alberta Court of Queen's bench has provided much-needed clarification on the powers of Safety Codes Officers under the Safety Codes Act, R.S.A. 2000 c. S-1 (the "SCA"). The SCA was first enacted in 1991 to amalgamate seven pieces of legislation encompassing safety within the disciplines of building, fire, plumbing, gas, electrical, boilers, and elevators. It replaced legislation such as the former Building Standards Act, R.S.A. 1980, c.U-4 and the Fire Prevention Act, R.S.A. 1980, c.F-10.1, and created a legislative framework in which municipalities, owners, designers, contractors and manufacturers all share responsibility for setting and enforcing safety standards. Key to the SCA are the various technical councils tasked with designating binding safety standards within their particular spheres of technical competence. Also key to the SCA are the provincially and municipally-appointed Safety Codes Officers who wield enforcement powers under this statutory regime. It was the scope of these enforcement powers that was at issue in Tirion Properties Ltd. v. Safety Codes Council, 2008 ABQB 549.

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