April 11, 2024

Ministry of Government Relations Response:

• Municipalities have the authority under the municipal acts, to enact a bylaw to address nuisances, which can include buildings in a ruinous or dilapidated state. The bylaw would set out what constitutes a nuisance, how it will be enforced, and the consequences for contraventions to the bylaw.
• The nuisance abatement bylaw would also provide authority for the municipality to investigate, issue remedial orders, register interests on the land, and ultimately complete the remedy action if the property owner fails to do so. Costs can be recovered by the municipality either by civil suit or by adding the amounts to the property taxes. Municipalities who determine they have nuisance properties, are encouraged to enforce their nuisance abatement bylaw as soon as issues are apparent.
• Should a municipality wish to proceed with taking title of a nuisance property under the Tax Enforcement Act, the municipality should fully enforce their nuisance abatement bylaw prior to taking title of the property. Once the municipality has taken title, remedial costs cannot be recovered through the sale of the property. Remedial costs added to property taxes prior to the municipality taking title would form part of the tax arrears and would be eligible for recovery through the sale of the property.
• Under The Construction Codes Act, a licensed building official appointed by the municipality has the authority to inspect the subject property and do the following:
  • Issue an unsafe condition order to the building owner if the building official finds any condition that could cause undue hazard to the health, safety or welfare of any person who is authorized or could reasonably be foreseen to be on or about the premises, whether the building is occupied or not;
  • Act to repair or demolish a building to eliminate an imminent danger if in the opinion of the building official on reasonable grounds, there is a risk of fire emergency or other risk that threatens persons, property or the environment and requires immediate response to eliminate or mitigate that risk; and
  • If the conditions of an order to the property owner are not complied with, the municipality has the authority to complete the work, and add the costs to the taxes of the property.

Communities in Transition Funding

• The Communities in Transition (CIT) Program provides financial assistance to rural municipalities (RMs) when a village dissolves into a rural municipality (RM).
• Demolition and clean-up of environmental liabilities, which are typically not owned by the municipality and that are demonstrated to be a detriment to the health and safety of the former village, are eligible. This may include abandoned buildings and orphaned sites.
• RMs may apply for approval of infrastructure-related project(s) and administration costs only once and within 24 months following restructuring. Demolition of abandoned buildings and orphaned sites can be included in the application even if the RM has not yet claimed the property through tax title proceedings. If the project is approved for funding under the CIT program, the RM must first claim the property through tax title proceedings and then clean up the site.

Ministry of Environment’s Response:

• The Ministry of Environment understands that waste management is challenging for small municipalities. However, improper disposal of waste poses potential risk to public health and the environment.
• The Ministry of Environment supports burning the clean wood of abandoned and derelict buildings for firefighter training after removing prohibited materials from the building, as per the Live Fire Suppression Training Guidelines.
• In an effort to reduce costs for small communities, the ministry also developed an Inert Landfill Design and Operational Guidance document to help municipalities manage waste associated
  with derelict buildings.

Sheldon Green – Acting Deputy Minister of Government Relations