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                             ENERGY CODE                            SR 125/2021




                   The
               Energy Code
               Regulations

                                  being

Saskatchewan Regulations 125/2021 (effective January 1,
2022) as amended by Saskatchewan Regulations 118/2023.




                                NOTE:
  This consolidation is not official. Amendments have been
  incorporated for convenience of reference and the original statutes
  and regulations should be consulted for all purposes of interpretation
  and application of the law. In order to preserve the integrity of the
  original statutes and regulations, errors that may have appeared
  are reproduced in this consolidation.
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        SR 125/2021                                 ENERGY CODE



                                             Table of Contents
                       PART 1                                                      PART 3
                 Preliminary Matters                                       Owner’s Responsibilities

1   Title                                                   6   Review by architect or engineer
2   Definitions and interpretation                          7   Compliance with NECB

                     PART 2                                                       PART 4
     Adoption and Application of Energy Codes                                 Coming into Force

3   Code                                                    8   Coming into force
4   Compliance with The Building Code Regulations                                   Appendix
5   Permits
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                                     ENERGY CODE                               SR 125/2021




               SASKATCHEWAN REGULATIONS 125/2021
                      The Construction Codes Act


                                       PART 1
                                 Preliminary Matters
Title
    1   These regulations may be cited as The Energy Code Regulations.
Definitions and interpretation
    2(1) In these regulations:
          “Act” means The Construction Codes Act;
          “addition” means any new construction expanding an existing building,
          either horizontally or vertically, that is a conditioned space and increases the
          building’s floor surface area by more than 10 square metres;
          “existing building” means a building:
               (a)   on which work was commenced or completed before June 6, 1988; or
               (b) on which work was not commenced but for which a valid building
               permit was issued before June 6, 1988 pursuant to a bylaw of the
               appropriate local authority;
         “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 these regulations;
         “owner’s representative” means any person, corporation, employee or
         contractor who has authority to act on behalf of an owner;
         “permit” means a permit issued pursuant to The Construction Codes Act;
         “work” means any design, construction, addition, erection, placement,
         alteration, repair, renovation, demolition, relocation, removal, use, occupancy
         or change of occupancy of a building.
    (2) Words, phrases, symbols or abbreviations used in the NECB that are not
    defined in the Act, regulations pursuant to the Act or the NECB have the meanings
    that are commonly assigned to them in the context in which they are used in the
    NECB, taking into account the specialized use of terms within the various trades
    and professions to which the words and phrases apply.
    (3) For the purposes of these regulations, the Provincial Capital Commission is
    a local authority.
                                                 10 Dec 2021 SR 125/2021 s2.
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SR 125/2021                         ENERGY CODE



                                   PART 2
                   Adoption and Application of Energy Codes
Code
    3(1) The National Energy Code of Canada for Buildings 2020 is declared to be in
    force, including:
         (a) the amendments set out in the Appendix; and
         (b) revisions and errata issued by Codes Canada of the National Research
         Council from time to time.
    (1.1) For the purpose of applying the NECB, Tier One of NECB Division B,
    Part 10 is adopted as the minimum standard effective January 1, 2024.
    (1.2) For the purpose of all provisions and tables of the NECB referencing
    heating‑degree day categories, climate zone 7A applies to all buildings within
    Saskatchewan.
    (2) Notwithstanding subsection (1) but subject to subsection (4), the edition of the
    NECB that was in force on the day that the permit was issued applies to any work:
         (a) for which a permit is issued before the day on which an edition of the
         NECB is declared to be in force or any revisions, errata or amendments come
         into force; and
         (b) that is not completed on the day on which that edition is declared to be
         in force.
    (3) No person shall fail to comply with the edition of the NECB that is in force at
    the time the permit for the work to be undertaken was issued.
    (4) Notwithstanding any other provision of this section, the NECB does not
    apply to the addition alteration, repair, renovation or relocation of a building
    to which construction standards apply and for which construction began before
    January 1, 2019.
    (5) With respect to the edition of the NECB that is adopted pursuant to this
    section, the minister shall cause information respecting the edition of the NECB
    that is in force, the period for which the NECB is in force and where that edition
    may be accessed:
         (a) to be posted on the website of the ministry; and
         (b) to be made public in any other manner that the minister considers
         appropriate.
                                               10 Dec 2021 SR 125/2021 s3; 8 Dec 2023 SR
                                               118/2023 s3.
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                                       ENERGY CODE                             SR 125/2021


Compliance with The Building Code Regulations
    4 Any person to whom or corporation to which the Act and these regulations
    apply shall also comply with the requirements of The Building Code Regulations
    with respect to work on a proposed or existing building to which the NECB applies.
                                                 10 Dec 2021 SR 125/2021 s4.


Permits
    5 Part 3 of The Building Code Regulations applies, with any necessary modification,
    to a permit issued pursuant to the Act with respect to work to which the NECB
    applies.
                                                 10 Dec 2021 SR 125/2021 s5.




                                          PART 3
                                  Owner’s Responsibilities
Review by architect or engineer
    6 An owner who undertakes to construct or have constructed a building within
    the scope of the NECB shall have an architect or engineer complete:
          (a) the design or design review of the structure;
          (b) an inspection of construction of the structure to ensure compliance with
          the design; and
          (c)   the reviews required by the NECB.
                                                 10 Dec 2021 SR 125/2021 s6.


Compliance with NECB
    7 No owner or owner’s representative shall allow or cause a building that is subject
    to the NECB to cease to comply with the edition of the NECB that applies to that
    building as a result of subsequent work on or to that building.
                                                 10 Dec 2021 SR 125/2021 s7.




                                        PART 4
                                    Coming into Force
Coming into force
    8(1) Subject to subsection (2), these regulations come into force on the day on which
    section 1 of The Construction Codes Act comes into force.
    (2) If these regulations are filed with the Registrar of Regulations after the date
    on which section 1 of The Construction Codes Act comes into force, these regulations
    come into force on the day on which they are filed with the Registrar of Regulations.
                                                 10 Dec 2021 SR 125/2021 s8.
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SR 125/2021                          ENERGY CODE



                                       Appendix
                   Saskatchewan Amendments to the National
                    Energy Code of Canada for Buildings 2020
1 The National Energy Code of Canada for Buildings 2020 is amended in the
manner set forth in this Appendix.
2   Division A, Article 1.2.1.1. is repealed and the following substituted:
    “1) Compliance with this Code shall be achieved, effective January 1, 2024, by:
         a) complying with the applicable acceptable solutions in Division B
         (see Note A‑1.2.1.1.(1)(a)) for the Tier 1 requirements of Part 10 for climate
         zone 7A; or
         b) using alternative solutions that will achieve at least the minimum level of
         performance required for the Tier 1 requirements of Division B for climate zone
         7A in the areas defined by the objective and functional statements attributed
         to the applicable acceptable solutions (see Note A‑1.2.1.1.(1)(b)).
    “2) For the purposes of compliance with this Code as required in Clause (1)(b), the
    objective and functional statements attributed to the acceptable solutions in Division
    B shall be the objective and functional statements referred to in subsection 1.1.2
    of Division B.”
3   Division B, Article 10.1.2.1. is repealed and the following substituted:
    “1) Compliance with this Part shall be achieved by designing and constructing
    buildings in accordance with the Energy Performance Tier 1 specified in
    Table 10.1.2.1., for climate zone 7A corresponding to:
         a) the annual energy consumption of the proposed building, expressed as a
         percent building energy target; or
         b) the percentage of improvement of the annual energy consumption of
         the proposed building relative to the building energy target of the reference
         building, expressed as a percent improvement.
    “2) Compliance of the proposed building with the Energy Performance Tier 1
    specified in Table 10.1.2.1. for climate zone 7A shall be determined by modeling the
    proposed and reference buildings in accordance with Part 8 to establish the annual
    energy consumption of the proposed building and the building energy target of the
    reference building then:
         a) dividing the annual energy consumption of the proposed building by the
         building energy target of the reference building to derive the percent building
         energy target; or
         b) subtracting the annual energy consumption of the proposed building from
         the building energy target of the reference building and dividing the result
         by the building energy target of the reference building to derive the percent
         improvement.
    (See Note A‑10.1.2.1.(2).)”.
                                                   8 Dec 2023 SR 118/2023 s4.




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