Impact of new accessibility laws on the Manitoba Building Code

In 2013, the Manitoba Government enacted The Accessibility for Manitobans Act
(AMA). It provides a long-term, systemic and pro-active approach to accessibility,
including to the built environment. However, the new measures, policies and practices
under the AMA will not affect The Manitoba Building Code in regulating new
construction and major renovations. It is the intent of government to avoid duplication
or confusion.

The Accessibility for Manitobans Act (AMA)

The AMA is framework legislation that will introduce accessibility standards in five
fundamental areas of daily living affecting persons disabled by barriers:

 Customer service
 Employment
 Information and communications
 Transportation
 Built environment

Accessibility standards establish clear requirements for organizations and businesses to

implement measures, policies and practices to identify, prevent and remove barriers
within the time-period specified in the standard. All organizations and businesses with
at least one employee must comply with the new accessibility standards, beginning with
customer service.

For example, the Customer Service Standard outlines steps required to create barrier
free access to goods and services. Section 9.1 requires that aspects of the built
environment intended to facilitate barrier free access to the goods or services are
available for use as intended. That means an existing ramp, elevator or accessible
washroom should not be blocked or otherwise made inaccessible. The standard does
not set requirements for construction or renovation.

The future accessibility standard for the built environment will focus on public spaces,
such as sidewalks, roadways and parks. It will not duplicate or contradict The Manitoba
Building Code.

The Manitoba Building Code

The Manitoba Building Code (Code) applies to the design, construction, alteration and
occupancy of any building or part of a building including any additions to a building. It
sets out specific requirements for accessibility features in all new buildings and major
retrofits to existing buildings. Generally speaking, the Code applies to the building itself.
However, there are some requirements that do extend outside of buildings such as
requirements for building entrances to lead from the outdoors at sidewalk level or be
equipped with a ramp that leads from a sidewalk.

The National Building Code of Canada is published by the National Research Council
every five years. The National Building Code is adopted by regulation in Manitoba to
form the Manitoba Building Code. Over the years, as the Code has been updated,
accessibility features have been added to ensure the safety and reasonable
accommodation of persons with disabilities.

The Code is adopted province wide and enforcement is typically carried out by
municipalities or is a shared responsibility between municipalities and the Manitoba
Office of the Fire Commissioner (OFC). For clarification on Code requirements please
feel free to contact the OFC at any time.

Office of the Fire Commissioner

508-401 York Avenue
Winnipeg MB R3C 0P8
Telephone: (204) 945-3322
Fax: (204) 948-2089
Toll Free: 1-800-282-8069
Email: firecomm@gov.mb.ca

As the Code does not apply retroactively, buildings must comply with the Code that was
in place at the time of construction or major renovation. For example, a building
constructed in 1965 will not have the accessibility features of a building constructed in
2017 unless a change is done to that building requiring current code compliance.

Please note that the Code sets minimum building requirements and building owners
may go above these requirements. For questions about proactive measures to create
an accessible built environment, including doorways, ramps, counter heights,
washrooms, surfaces, lighting, acoustics, wayfinding and other design elements, you
may consult with a qualified design professional.