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VILLAGE OF LEASK
BYLAW NO. 3/2025
A BYLAW RESPECTING BUILDINGS
The Council of the Village of Leask in the Province of Saskatchewan enacts as follows:
SHORT TITLE
1 This bylaw may be cited as the Building Bylaw.
PURPOSE OF THE BUILDING BYLAW
2 The purpose of this bylaw is to provide for the administration and enforcement of the Act, the
regulations, the National Building Code of Canada, the National Energy Code of Canada for
Buildings, ministerial interpretations and Saskatchewan Construction Standards Appeal Board
orders and building official orders within the local authority.
INTERPRETATION/LEGISLATION
3 Definitions contained in The Construction Codes Act, The Building Code Regulations and The
Energy Code Regulations shall apply in this building bylaw.
"Act" means The Construction Codes Act.
"building official" means a person who holds a building official licence.
"building official services" means plan review services, inspection services and
enforcement services carried out by an appointed building official.
"certificate of occupancy" means a written document issued by the local authority
giving the owner of the building permission to occupy the building for its intended use.
"competent person" means a person who is recognized by the local authority as
having:
(a) a degree, certificate or professional designation; or
(b) the knowledge, experience and training;
necessary to design or review the design of a building.
"inspection" means the inspection of the following by an appointed building official to
ascertain whether the Act and the regulations have been or are being complied with:
(a) ongoing or incomplete building construction, materials of construction or
building systems;
(b) completed or existing building construction, materials of construction or
building systems.
"local authority" means the Village of Leask.
"NBC" means the edition and provisions of the National Building Code of Canada,
including revisions, errata and amendments to it, declared to be in force pursuant to the
Act and the regulations.
"NECB" means the edition and provisions of the National Energy Code of Canada for
Buildings, including revisions, errata and amendments to it, declared to be in force
pursuant to the Act and The Energy Code Regulations.
"owner" means:
(a) any person who has any right, title, estate or interest in land, improvements
or premises other than that of a mere occupant, tenant or mortgagee;
(b) any person, firm or corporation that controls the property under
consideration; or
(c) if the building is owned separately from the land on which the building is
located, the owner of the building.
"owner's representative" means any person, corporation, employee or contractor who
has authority to act on behalf of an owner.
"permit" means written authorization issued by the local authority or its building
official.
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"plan review" means the examination of building drawings and related documents by a
building official to ascertain whether those drawings and documents meet the
requirements of the Act and the regulations.
"regulations" means The Building Code Regulations and The Energy Code
Regulations.
"SAMA fee" means a fee charged to the local authority by the Saskatchewan
Assessment Management Agency with respect to the work.
"value of construction" means the total costs to the owner for the building
construction in its completed form and includes the cost of all building work, materials
of construction, building systems, labour and overhead, and profit of the contractor and
subcontractors.
"work" means any design, construction, addition, erection, placement, alteration,
repair, renovation, demolition, relocation, removal, use, change of use, occupancy or
change of occupancy of a building.
SCOPE OF THE BYLAW
4 This building bylaw applies to all work undertaken or to be undertaken within the
geographical jurisdiction of the local authority.
GENERAL
5(1) It is the duty of every owner or the owner's representative of a building in Saskatchewan to
ensure that the building and work is in accordance with the Act, the regulations, any associated
codes, interpretations and orders and any bylaws adopted by the local authority with which the
building is associated.
(2) It shall be the responsibility of the owner or the owner's representative to arrange for all
permits, inspections and certificates required by any other applicable bylaws, Acts and
regulations.
(3) A building or part of a building for which a permit has been granted shall not be occupied
before the issuance of a certificate of occupancy by the local authority or the building official
pursuant to clause 16(11)(h) of the Act.
(4) The provisions of this building bylaw apply to buildings greater than 10m2 (107.6 ft2) in
building area except as otherwise exempted by the Act or the regulations.
PERMIT - ISSUANCE
6(1) Every application for a permit for work shall be on the form provided by the local
authority, and shall be accompanied by plans and specifications of the proposed building and
work in a format acceptable to the local authority.
(2) Every permit application shall be reviewed and approved by the building official including
plan review and approval.
(3) If the work described in an application for a permit, to the best of the knowledge of the local
authority or the building official, complies with the requirements of this building bylaw, the Act,
or the regulations, the local authority or the building official shall, on receipt of the required fee,
issue a permit on the form provided by the local authority. In addition, one set of the approved
plans and specifications will be returned to the owner or the owner's representative with the
permit.
(4) A permit issued pursuant to this building bylaw must include:
(a) the name of the person, or company to whom the permit is issued;
(b) the period for which the permit is valid;
(c) a statement of all fees, deposits or bonds charged for the permit;
(d) the scope of work authorized by the permit;
(e) the municipal address or legal description of the property on which the work
described in the permit is located;
(f) the buildings or portion of buildings to which the permit applies;
(g) the stages of construction for which a permit holder must inform the local
authority;
(h) any conditions that the permit holder is required to comply with; and
(i) any information required by this building bylaw.
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(5) No person or company to whom a permit is issued pursuant to the Act shall fail to comply
with the terms and conditions of the permit.
(6) Work must not commence before a permit is issued.
(7) The permit fee shall be calculated according to the sum of the following:
(a) a permit administration fee listed in a fee bylaw for the processing, handling and
issuance of a permit (Village of Leask $50.00);
(b) the fees for plan review, field inspection of construction and enforcement in
accordance with a fee bylaw or the agreement between the provider of building official
services and the local authority;
(c) the fees charged by the Saskatchewan Assessment Management Agency; and
(d) a deposit, if required, in an amount determined by the local authority.
(8) If a deposit is collected it shall, on request by the owner or owner's representative, be
refundable on satisfactory completion of the work or on approval of use or occupancy of the
building by the local authority or the building official.
(9) All permit fees and deposits will be collected before the permit is issued and are subject to
any applicable taxes.
(10) The local authority or the building official may establish the value of construction for the
work described in an application for a permit, for the purpose of calculating a permit fee, based
on established current construction costs, the owner's or the owner's representative statement of
costs or constructor's contract values, or similar methods selected by the local authority or the
building official.
(11) It is the responsibility of the owner or the owner's representative to ensure that all
notifications required by Section 7 of the Act and this building bylaw are given to the local
authority and that all inspections are scheduled and completed. Failure to do so may result in
additional fees for follow up inspections.
(12) The owner or the owner's representative will be invoiced by the local authority for
additional inspection fees and payment of the inspection fees will be due on receipt of an
invoice. Unpaid inspection fees will be considered a debt due to the local authority and may be
recovered from the owner of the land or premises in or on which the work was carried out as per
the Act.
(13) The local authority may, at its discretion, rebate a portion of a permit fee or deposit where
work is reduced in scope or discontinued, or where other exceptional circumstances occur.
PERMITS - REFUSAL TO ISSUE
7(1) The local authority may refuse to issue a permit if:
(a) the proposed work described on the permit application would contravene:
(i) the Act;
(ii) the regulations;
(iii) an order of the appeal board;
(iv) a written interpretation of the minister pursuant to section 8 of the Act; or
(v) the local authority's building bylaw;
(b) the person who designed or reviewed the design of a proposed building that is
within the scope of Part 9 of the NBC is not a competent person;
(c) the person who designed or completed a design review of a proposed building that
is within the scope of Part 3, 4, 5, 6 or 7 of the NBC is not an architect or engineer;
(d) the person who designed or completed a design review of a proposed building that
is within the scope of the NECB is not an architect or engineer;
(e) the application for a permit is incomplete;
(f) any fees, deposits or bonds required pursuant to the local authority's building bylaw
for the issuance of a permit have not been paid; or
(g) the proposed work described on the permit application would contravene any other
Act, regulations or bylaw that applies to the proposed work.
(2) Where the local authority refuses to issue a permit pursuant to subsection (1), the local
authority shall:
(a) provide written notice to the applicant as to the reasons for the local authority's
refusal to issue a permit; and
(b) refund any fee or deposit paid as part of the permit application for work pursuant to
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the Act, less any fees paid for:
(i) plan review; and
(ii) permit application or administration.
PERMITS - REVOCATION
8(1) The local authority may revoke a permit issued pursuant to the Act:
(a) if the holder of the permit requests in writing that it be revoked;
(b) if the permit was issued on mistaken,( false or incorrect information;
(c) if the permit was issued in error;
(d) subject to subsection (2), if, after 6 months after the permit's issuance, the work for
which the permit was issued has not, in the opinion of the local authority's building
official, been seriously commenced and no written agreement for the delay has been
given by the local authority; or
(e) subject to subsection (2), if the work for which the permit was issued is, in the
opinion of the local authority's building official, substantially suspended or
discontinued for a period of more than 6 months after the permit's issuance and no
written agreement for the delay has been given by the local authority.
(2) If the local authority revokes a permit pursuant to subsection (1) it shall provide written
notice to the permit holder as to the reasons for the revocation.
PERMITS - EXPIRY
9(1) The expiry of a permit does not relieve the owner or the owner's representative from the
obligation to complete the work approved in the permit.
(2) All permits issued pursuant to this building bylaw expire on the date stated in the permit, or
if no date is stated:
(a) twenty-four months from date of issue;
(b) six months from date of issue if work is not commenced within that period;
(c) on the date specified by the local authority if work has not seriously commenced
and is suspended for a period of six months; or
(d) on the date specified by the local authority if work has been suspended with written
permission by the local authority or building official and the agreed upon period has
been exceeded.
(3) An owner or the owner's representative that does not complete all the work listed on a
permit before the permit expires shall apply to the local authority that issued the permit to do one
of the following:
(a) revoke the permit;
(b) extend the term of the permit;
(c) vary the conditions of the permit.
(4) The local authority may revoke, extend or vary the conditions of a permit on written
application of the permit holder and subject to any condition or fees listed in the bylaw.
ENFORCEMENT
10 The local authority or the building official may take any measures as permitted by section 24,
25 or 26 of the Act and sections 13 and 14 of The Building Code Regulations for the purpose of
ensuring compliance with this building bylaw.
NOTIFICATION
11 (1) The owner, or the owner's designated representative, of any building proposed for
construction shall ensure that the local authority is promptly notified of the following:
(a) Any and all information, documentation, or clarification requested by the local
authority or the appointed Building Inspector, as may be necessary for the review,
approval, inspection, or compliance verification of the project.
(2) Subject to subsection (6), the owner or the owner's representative of a building
construction shall give notice to the local authority and building official of:
(a) any change in ownership or change in address of the owner or the owner's
representative that occurs before the issuance of a certificate of occupancy as soon as
the change occurs; and
(b) the owner's or owner's representative's intention to occupy a portion of the
building if the building is to be occupied in stages.
(3) The owner of a building or the owner's agents, contractors, employees, successors or assigns
or the registered owner of the land on which the building is situated shall submit a written report
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to the local authority and building authority of the occurrence of any of the following that causes
or has the potential to cause serious injury or loss of life:
(a) structural failure of the building or part of the building;
(b) failure of any equipment, device or appliance that is regulated by the Act or the
regulations.
(4) A report submitted pursuant to subsection (3) must:
(a) contain:
(i) the name and address of the owner;
(ii) the address or location of the building involved in the failure;
(iii) the name and address of the constructor of the building; and
(iv) the nature of the failure; and
(b) be submitted to the local authority within 15 days after the occurrence of the failure
mentioned in clause (3)(a) or (b).
(5) On receipt of the report pursuant to subsection (3), the local authority and building official
may require an owner to do the following:
(a) provide any other information that the building official or local authority may
consider necessary;
(b) complete any additional work that is necessary to ensure compliance.
(6) Notice given pursuant to subsection (2) is to be in writing.
SPECIAL CONDITIONS
12(1) An owner or the owner's representative that undertakes to construct or have constructed a
building that is within the scope of Parts 3, 4, 5, 6 and 7 of the NBC shall have an architect or
engineer complete the design or design review of:
(a) the design or design review of the building and all building systems;
(b) an inspection of construction of the building and all building systems to ensure
compliance with the design; and
(c) the reviews required by the NBC.
(2) An owner or the owner's representative that undertakes to construct or have constructed a
building with a structure within the scope of the NECB shall have an architect or engineer
complete:
(a) the design or design review of the structure;
(b) a field review of construction of the structure to ensure compliance with the design;
and
(c) the reviews required by the NECB.
(3) In addition to the requirements of subsections (1) and (2), the local authority or building
official shall require that an engineer or architect provide:
(a) a Commitment for Field Review letter as part of the permit application for work;
and
(b) an Assurance of Field Review and Compliance letter, on completion of the work,
providing assurance that the work conforms to the engineer's or architect's design.
(4) An owner or the owner's representative that undertakes to construct or have constructed a
building that is within the scope of Part 9 of the NBC shall ensure that a competent person has
designed or reviewed the design of the building.
(5) An owner or the owner's representative shall ensure that copies of any inspection or review
reports made pursuant to this section are made available to a building official or the local
authority on the request of the building official or local authority, as the case may be.
(6) No owner of a building or an owner's representative shall cause or allow the ground
elevations of a building to be changed so as to place in contravention of the NBC:
(a) the building or part of the building; or
(b) an adjacent building.
(7) If the property boundaries of a building lot are changed so as to place a building or part of a
building in contravention of the NBC, the owner or the owner's representative shall immediately
alter the building or part of the building to bring it into compliance with the NBC.
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PENALTY
13(1) Any person who contravenes any of the provisions of this building bylaw may be subject
to the penalties provided in Part 8 of the Act.
(2) Conviction of a person or corporation for breach of any provision of this building bylaw
shall not relieve the person or corporation from compliance with the Act and regulations.
REPEAL OF BYLAW(S)
14 On enactment of this building bylaw, all previous building bylaws, including building bylaw
amendments, are repealed.
Enactment pursuant to Section 17 of The Construction Codes Act.
____________________________ ___________________________
Mayor:
Administrator
Certified a true copy of Bylaw 2/2025
(SEAL)
Adopted by resolution of Council the
_____th day of __________, 2025