Construction Code Act Enforcement Fees (Emergent)
Res #: 21-22A
Responses Received: Yes
Departments: Saskatchewan Ministry of Government Relations
WHEREAS RMs were notified by letter from the Ministry of Government Relations on December 6, 2021, that “The Construction Codes Act” comes into force on Jan. 1, 2022, and
WHEAREAS that letter states that local authorities that do not have a valid building bylaw need to adopt their own building bylaw by the required date, of December 31, 2023, or be subject to the model building bylaw, and
WHEREAS the Building and Technical Standards Branch of the Ministry of Government Relations indicated on March 8, 2022, that a local authority is not able to charge permit and other building related fees on new builds until they have a building bylaw, model building bylaw or their own building bylaw, in place, and
WHEREAS the Ministry of Government Relations website states “an updated Building Bylaw Handbook, which references the new Construction Code Act, will be available soon” resulting in uncertainty as to how RMs should apply the legislation.
BE IT RESOLVED that SARM seek clarification from the Ministry of Government Relations as to whether RMs may charge building related fees in the period between January 1, 2022, and December 31, 2023, the date for which an RM must have a building bylaw in place, and
BE IT FURTHER RESOLVED that if RMS are not able to charge fees in this interim period noted, that SARM lobby to amend the transition period to allow for building related fees to be charged and collected by RMs on new building permit applications.
Responses From: Saskatchewan Ministry of Government Relations
September 29, 2022
- Municipalities require a building bylaw to charge fees for building permits. This longstanding requirement is carried forward in The Construction Codes Act which replaced The Uniform Building and Accessibility Standards Act effective January 1, 2022.
- The Construction Codes Act and The Building Code Regulations provide a model building bylaw that can be easily adopted and that will bring a rural municipality into compliance with all provincial construction legislation. This document is available on request in Word format.
- The Ministry of Government Relations stands ready to assist any municipality preparing to adopt the model building bylaw or amend it for its own needs and will provide comments on draft bylaws submitted prior to adoption by municipal council.
- The Building Bylaw Handbook was distributed in hard copy to all municipalities with other supporting information in early April 2022 and is now available online at this link: https://www.saskatchewan.ca/business/housing-development–construction–and–property-management/building-and-technical–standards/building–bylaws
- Municipal adoption of an effective building bylaw ensures the construction of safe, habitable buildings for Saskatchewan residents.
The Honourable Don McMorris – Minister of Government Relations, Saskatchewan Ministry of Government Relations