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Resort Village of Mistusinne
Bylaw No. 06-2025
A BYLAW OF THE RESORT VILLAGE OF MISTUSINNE RESPECTING
BUILDING
The Council of the Resort Village of Mistusinne 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,
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materials of construction or building systems;
(b) completed or existing building construction, materials
of construction or building systems.
"local authority" means the municipality to which this Building
Bylaw applies.
"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.
"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
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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.
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(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.
(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;
(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
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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.
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(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 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
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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 representative of a building to be
constructed shall ensure that the local authority is notified of:
(a) when excavation is to be commenced;
(b) when the foundation is to be placed;
(c) when a superstructure is to be placed on the foundation;
(d) any other event at the time required by the permit under
which work has been undertaken; and
(e) any other specified event at the specified time.
(2) Before commencing work at a building site, the owner or the
owner's representative shall give notice to the local authority of:
(a) the date on which the owner or the owner's representative
intends to commence the work; and
(b) subject to subsection (8), the name, address and
telephone number of:
(i) the constructor or other person in charge of the work;
(ii) the designer of the work;
(iii) the person or firm that is to review the work to
determine whether or not the construction conforms to
the design; and
(iv) any inspection or testing agency that is engaged to
monitor the work.
(3) During the course of construction, the owner or the owner's
representative shall give notice to the local authority of:
(a) subject to subsection (8), any change in, or termination of,
the employment of a person or firm mentioned in clause (2)(b);
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(b) the owner's or owner's representative intent to do any work
that has been ordered by a building official or local authority to
be inspected during construction;
(c) the owner's or owner's representative intent to enclose
work that has been ordered by a building official or local
authority to be inspected before enclosure;
(d) subject to subsection (8), any proposed deviation from the
plans approved and permitted by the local authority;
(e) subject to subsection (8), any construction undertaken that
deviates from the plans approved and permitted by the local
authority; and
(f) the completion of work.
(4) Subject to subsection (8), the owner or the owner's representative
of a building under construction shall give notice to the local authority
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.
(5) 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 to the
local 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.
(6) A report submitted pursuant to subsection (5) 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 (5)(a) or (b).
(7) On receipt of the report pursuant to subsection (5), the local
authority may require an owner to do the following:
(a) provide any other information that the building official or
9
local authority may consider necessary;
(b) complete any additional work that is necessary to ensure
compliance.
(8) Notice given pursuant to clause (2)(b), (3)(a), (3)(d) or (3)(e) or
subsection (4) 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:
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(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.
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.
Bylaw No. 01-12 is hereby repealed.
Enactment pursuant to Section 17 of The Construction Codes Act
Introduced and read a first time this 19th day of June, 2025.
Read a second time this 11th day of July, 2025.
Read a third time this 11th day of July, 2025.
_________________________
Mayor
(S E A L)
_________________________
Administrator
Certified a true copy of Bylaw No. 06-25
adopted by resolution of Council
on the 11th day of July, 2025.
(S E A L)
Administrato
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Schedule A
Fee Schedule
Please reference [Council's Annual Rate Review] for a schedule of applicable
fees.