B-1.1 - Building Act

Section 109.6 Disposition versions

2024-11-27

109.6. The Government shall appoint not more than five commissioners for the exclusive exercise of the following functions under the administrative authority of the president and chief executive officer:

(1)  to decide whether a licence or an amendment to a licence may be refused in light of the conditions set out in any of

(a)  subparagraph 4, subparagraph a of subparagraph 8 and subparagraphs 8.2 to 8.5 of the first paragraph of section 58;

(b)  sections 59 and 59.1;

(c)  subparagraph 3, subparagraph a of subparagraph 6, and subparagraphs 6.0.1, 6.3 to 6.5 and 8 of the first paragraph of section 60; and

(d)  sections 61 to 62.0.4;

(2)  to decide to indicate a restriction on a licence under subparagraph 4 and subparagraph 6 of the second paragraph of section 65.1;

(3)  to grant the holder of a licence that contains a restriction the authorization to continue to perform a contract in accordance with section 65.2.1 and to subject the authorization to certain conditions;

(4)  to decide to suspend or cancel a licence under any of

(a)  subparagraphs 1, 3 to 5.2 and 11 to 13 of the first paragraph of section 70 and the second paragraph of that section;

(b)  subparagraph 2 of the first paragraph of section 70 but only insofar as the decision is related either to one of the conditions referred to in paragraph 1 of this section or to subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60; and

(c)  section 70.0.1;

(4.0.1)  to take note of one of the situations referred to in the first paragraph of section 74, or to decide to cancel the licence;

(4.1)  to refuse to issue or amend a certificate under subparagraphs 2 to 9 of the first paragraph and the third paragraph of section 86.11, or to suspend, cancel or refuse to renew a certificate under that section;

(5)  to refuse to issue or amend a permit under subparagraphs 2 to 11 of the first paragraph of section 128.3 and the second, third and fourth paragraphs of that section, or to limit, suspend, cancel or refuse to renew a permit under that section;

(6)  to refuse to recognize a person or body under paragraphs 2 to 5 of section 128.4, or to suspend, cancel or refuse to renew the recognition of a person or body under that section; and

(7)  to render decisions, in accordance with sections 160 to 164, on applications for review of a ruling of the Board.

A commissioner may subject a licence, certificate, permit or recognition to any condition that the commissioner considers appropriate, including that the licence holder or the recognized person or body be subject, at the holder’s or the person’s or body’s own expense and within the time the commissioner specifies, to a corrective, oversight or monitoring measure.

2011, c. 35, s. 22; 2018, c. 13, s. 27; 2019, c. 28, s. 11; 2024, c. 35, s. 19.

2024-10-01

109.6. The Government shall appoint not more than five commissioners for the exclusive exercise of the following functions under the administrative authority of the president and chief executive officer:

(1)  to decide whether a licence or an amendment to a licence may be refused in light of the conditions set out in any of

(a)  subparagraph 4, subparagraph a of subparagraph 8 and subparagraphs 8.2 to 8.5 of the first paragraph of section 58;

(b)  sections 59 and 59.1;

(c)  subparagraph 3, subparagraph a of subparagraph 6, and subparagraphs 6.0.1, 6.3 to 6.5 and 8 of the first paragraph of section 60; and

(d)  sections 61 to 62.0.4;

(2)  to decide to indicate a restriction on a licence under subparagraph 4 of the second paragraph of section 65.1;

(3)  to grant the holder of a licence that contains a restriction the authorization to continue to perform a contract in accordance with section 65.2.1 and to subject the authorization to certain conditions;

(4)  to decide to suspend or cancel a licence under any of

(a)  subparagraphs 1, 3 to 5.2 and 11 to 13 of the first paragraph of section 70 and the second paragraph of that section;

(b)  subparagraph 2 of the first paragraph of section 70 but only insofar as the decision is related either to one of the conditions referred to in paragraph 1 of this section or to subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60; and

(c)  section 70.0.1;

(4.1)  to refuse to issue or amend a certificate under subparagraphs 2 to 9 of the first paragraph and the third paragraph of section 86.11, or to suspend, cancel or refuse to renew a certificate under that section;

(5)  to refuse to issue or amend a permit under paragraphs 2 to 5 of section 128.3, or to limit, suspend, cancel or refuse to renew a permit under that section;

(6)  to refuse to recognize a person or body under paragraphs 2 to 5 of section 128.4, or to suspend, cancel or refuse to renew the recognition of a person or body under that section; and

(7)  to render decisions, in accordance with sections 160 to 164, on applications for review of a ruling of the Board.

2011, c. 35, s. 22; 2018, c. 13, s. 27; 2019, c. 28, s. 11.

2020-01-10

109.6. The Government shall appoint not more than five commissioners for the exclusive exercise of the following functions under the administrative authority of the president and chief executive officer:

(1)  to decide whether a licence or an amendment to a licence may be refused in light of the conditions set out in any of

(a)  subparagraph 4, subparagraph a of subparagraph 8 and subparagraphs 8.2 to 8.5 of the first paragraph of section 58;

(b)  sections 59 and 59.1;

(c)  subparagraph 3, subparagraph a of subparagraph 6, and subparagraphs 6.0.1, 6.3 to 6.5 and 8 of the first paragraph of section 60; and

(d)  sections 61 to 62.0.4;

(2)  to decide to indicate a restriction on a licence under subparagraph 4 of the second paragraph of section 65.1;

(3)  to grant the holder of a licence that contains a restriction the authorization to continue to perform a contract in accordance with section 65.2.1 and to subject the authorization to certain conditions;

(4)  to decide to suspend or cancel a licence under any of

(a)  subparagraphs 1, 3 to 5.2 and 11 to 13 of the first paragraph of section 70 and the second paragraph of that section;

(b)  subparagraph 2 of the first paragraph of section 70 but only insofar as the decision is related either to one of the conditions referred to in paragraph 1 of this section or to subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60; and

(c)  section 70.0.1;

(5)  to refuse to issue or amend a permit under paragraphs 2 to 5 of section 128.3, or to limit, suspend, cancel or refuse to renew a permit under that section;

(6)  to refuse to recognize a person or body under paragraphs 2 to 5 of section 128.4, or to suspend, cancel or refuse to renew the recognition of a person or body under that section; and

(7)  to render decisions, in accordance with sections 160 to 164, on applications for review of a ruling of the Board.

2011, c. 35, s. 22; 2018, c. 13, s. 27; 2019, c. 28, s. 11.

2018-09-04

109.6. The Government shall appoint not more than five commissioners for the exclusive exercise of the following functions under the administrative authority of the president and chief executive officer:

(1)  to decide whether a licence or an amendment to a licence may be refused in light of the conditions set out in any of

(a)  subparagraph 4, subparagraph a of subparagraph 8 and subparagraphs 8.2 to 8.5 of the first paragraph of section 58;

(b)  sections 59 and 59.1;

(c)  subparagraph 3, subparagraph a of subparagraph 6, and subparagraphs 6.0.1, 6.3 to 6.5 and 8 of the first paragraph of section 60; and

(d)  sections 61 to 62.0.4;

(2)  to decide to indicate a restriction on a licence under subparagraph 4 of the second paragraph of section 65.1;

(3)  to grant the holder of a licence that contains a restriction the authorization to continue to perform a contract in accordance with section 65.2.1 and to subject the authorization to certain conditions;

(4)  to decide to suspend or cancel a licence under any of

(a)  subparagraphs 1, 3 to 5.2 and 11 to 13 of the first paragraph of section 70 and the second paragraph of that section;

(b)  subparagraph 2 of the first paragraph of section 70 but only insofar as the decision is related either to one of the conditions referred to in paragraph 1 of this section or to subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60; and

(c)  section 70.0.1;

(5)  to revoke, limit, suspend, amend or refuse to renew a permit granted under section 35.2 or 37 pursuant to section 128.3;

(6)  to revoke the recognition of a person or body referred to in section 16, 35 or 37.4 pursuant to section 128.4; and

(7)  to render decisions, in accordance with sections 160 to 164, on applications for review of a ruling of the Board.

2011, c. 35, s. 22; 2018, c. 13, s. 27.

2011-12-14

109.6. The Government shall appoint not more than five commissioners for the exclusive exercise of the following functions under the administrative authority of the president and chief executive officer:

(1)  to decide whether a licence or an amendment to a licence may be refused in light of the conditions prescribed in any of subparagraphs 4, 8, 8.2 and 8.3 of the first paragraph of section 58, sections 59 and 59.1, subparagraphs 6, 6.0.1, 6.3 and 8 of the first paragraph of section 60, the third paragraph of section 60 and sections 61 to 62.0.2;

(2)  to decide to indicate a restriction on a licence under subparagraph 4 of the second paragraph of section 65.1;

(3)  to grant the holder of a licence that contains a restriction the authorization to continue to perform a contract in accordance with section 65.2.1 and to subject the authorization to certain conditions;

(4)  to decide to suspend or cancel a licence under any of subparagraphs 1 to 6, 11 and 12 of the first paragraph of section 70 or the second paragraph of that section;

(5)  to revoke, limit, suspend, amend or refuse to renew a permit granted under section 35.2 or 37 pursuant to section 128.3;

(6)  to revoke the recognition of a person or body referred to in section 16, 35 or 37.4 pursuant to section 128.4; and

(7)  to render decisions, in accordance with sections 160 to 164, on applications for review of a ruling of the Board.

2011, c. 35, s. 22.