Registration of Interest on Title

Res #: 19-05A
Number: 19
Year: 2005
Midterm: No
Expired: Yes
Responses Received: No
Departments: Saskatchewan Corrections and Public Safety

Resolution No. 19-05A

WHEREAS, section 4(1) of The Uniform Building and Accessibility Standards Act requires municipalities to enforce The Act and its regulations; and

WHEREAS, section 3(1) of The Uniform Building and Accessibility Standards Act Regulations declares that The National Building Code of Canada, 1995 is in force thereby requiring municipalities to enforce the National Building Code; and

WHEREAS, enforcement of non-compliance consists mainly of stop-work orders, no occupancy orders or court; and WHEREAS, enforcement of The Act may only be undertaken on the owners of the building; and

WHEREAS, on occasion, an individual or developer may sell a building with the purchaser having no knowledge of the building’s deficiencies with regards to the National Building Code, thereby leaving the municipality with no other option than to enforce The Act on the new owner, and leaving the new owner with no other option but to sue the seller;

THEREFORE BE IT RESOLVED, that SARM consult with the Saskatchewan Building Officials Association and lobby the Provincial Government to amend The Uniform Building and Accessibility Standards Act to allow for the registration of an interest on the title of a property through Information Services Corporation that would either inform any prospective buyers of a contravention of The Act, or prevent the transfer of the title until the interest is removed.

Response from Honourable Peter Prebble, Minister of Corrections and Public Safety:

As you are aware, Part V of The Uniform Building and Accessibility Standards Act regarding enforcement already provides the local authority with substantial powers and provides that compliance orders be issued in matters concerning the application of building and accessibility standards. However, I understand that compliance is a challenge faced by the local authority and that continued failure to comply by an owner leaved the local authority in a position to either enforce the order in court or resign the order. I note further that that first can be cumbersome and costly, and the latter will fail to achieve that degree of personal health, safety and welfare intended through application of building standards and fail, too, to protect a subsequent owner, unaware of deficiencies.

I believe we need to seek the appropriate balance among your association's interests, other stakeholders' interests, and what is practical in terms of the best enforcement to achieve the health and safety concerns for the public. Therefore, I have asked my Chief Building Official, Mr. Bill Hawkins, to contact you directly to discuss this matter further and to determine the next steps involving stakeholders like the Saskatchewan Building Officials Association and others.