This essentially replaces the provisions previously contained in section 31 of the Planning Act . There remains a clear distinction between officer and building inspector. The responsibility for enforcement will vary depending on the business practices of each municipality. In addition, the authority to prescribe the standards in the by-law remains with each municipality. Property Standards Officers can now issue Property Standards Orders directly, without having to issue an Notice of Violation first.
Informal notification can still take place if the officer deems it desirable.
It is not mandatory to conduct a title search prior to issuing the Order. Inspection powers are improved in that owners can be required to carry out tests or provide samples at their own expense. Municipalities are not required to repeal their current property standards by-laws immediately, simply due to the fact that the legislative authority has changed from the Planning Act to the Building Code Act . Therefore, they should be removed from municipal by-laws in order to safeguard against any possible inconsistency. It is recommended that each municipality review their by-law and determine if it contains any provisions which are no longer supported by the Act.