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December 30, 2021

New Act Modernizes Construction Standards And Building Accessibility

The Construction Codes Act, SS 2021, c 9 (the “CCA”) is set to come into force in Saskatchewan on January 1, 2022,1 which will repeal and replace The Uniform Building and Accessibility Standards Act (the “UBASA”). The CCA promotes better access and use of buildings in Saskatchewan for persons with disabilities and protects persons from unsafe renovation and construction practices.

The CCA will incorporate the applicable edition of the National Building Code of Canada, the National Energy Code of Canada for Buildings and the National Plumbing Code of Canada. It will also empower the Government of Saskatchewan to make regulations prescribing modern standards for energy efficiency and building construction.

The CCA also modifies how construction standards are developed, adopted, and implemented in the province and expands upon the powers and responsibilities of building owners, local authorities, building officials, and the construction industry. The following changes are noteworthy:

Binding Ministerial Interpretations

The CCA empowers the minister to issue binding written interpretations of any provision of a Construction Code or prescribed standard under the CCA. This will give the government an effective and timely means to ensure consistent interpretations of construction codes between different local authorities in Saskatchewan.

Interpretations by The Saskatchewan Construction Standards Appeals Board

The Saskatchewan Construction Standards Appeals Board (the “Appeals Board”) will have the power to make binding orders on how any requirement of a Construction Code is to be applied or interpreted in the event that there is difference of interpretation between owners, local authorities, building officials, or contractors. These orders will only apply to a specific building and are not binding province-wide. In the event that there is a conflict between an interpretation issued by the minister and an interpretation made by the Appeal Board, the minister’s written interpretation prevails.

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