Explanatory Notes
The Construction Codes Act, The Building Code Regulations,
The Energy Code Regulations and The Plumbing Code Regulations

January 2022




saskatchewan.ca
Building and Technical Standards Branch                                                    Construction Standards Advisory
1430 - 1855 Victoria Avenue                                                                        Explanatory Notes
Regina, Saskatchewan S4P 3T2                                                                          January 2022
(306) 787-4113 Phone
(306) 798-4172 Fax
btstandards@gov.sk.ca                                                                      Original approved and signed by:
www.saskatchewan.ca/btstandards                                                                Chief Codes Administrator
This guide is published by the Saskatchewan Ministry of Government Relations for purposes of providing information to users on the topic
contained herein. In case of conflict between The Construction Codes Act (the CC Act), The Building Code Regulations (the BC Regulations),
The Energy Code Regulations (the EC Regulations), and The Plumbing Code Regulations (the PC Regulations) and this guide, provisions of the
CC Act, the BC Regulations, the EC Regulations and the PC Regulations shall apply.




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Introduction
The Construction Codes Act (the CC Act) provides for the development, adoption and implementation of
the National Building Code of Canada, the National Energy Code of Canada for Buildings and the
National Plumbing Code of Canada.

The CC Act repeals and replaces The Uniform Building and Accessibility Standards Act and came into
force on January 1, 2022.

The effective application of the codes noted above is a shared responsibility, detailed in the CC Act as
follows:
• Building owners are responsible for compliance.
• Local Authorities (municipalities) are responsible for administration and enforcement.
• The Government of Saskatchewan is responsible for the legislative, regulatory and policy
     framework.
• Building officials and plumbing inspectors work for the local authority.
• Architects, engineers and contractors (industry) work for the building owner.

The purpose of these notes is to provide users with an explanation of the provisions of the CC Act and
the Regulations. They are a general guide for building owners, industry, municipalities, building officials
and other code users on how the legislative and regulatory provisions apply. For further information on
the CC Act and Regulations the original documents are located at Freelaw (saskatchewan.ca).

Disclaimer

These notes are intended to give an overview of the provisions of the CC Act and Regulations and to
highlight changes in the application of the construction codes. For simplicity, the explanations are
general in nature and special cases are not used. These notes are not intended to provide a legal
interpretation of the CC Act or the Regulations and neither the Ministry of Government Relations nor
the Government of Saskatchewan shall be responsible for any errors or inaccuracies. For individual
situations and cases, consult the original documents.

Contact Information


   Building and Technical Standards Branch
   1430 - 1855 Victoria Avenue
   Regina, Saskatchewan S4P 3T2
   306-787-4113 Phone
   306-798-4172 Fax
   btstandards@gov.sk.ca
   www.saskatchewan.ca/btstandards



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Table of Contents

Executive Summary..........................................................................................................................10
Acronyms ........................................................................................................................................14
The Construction Codes Act ..............................................................................................................15
      Section 1 – Short Title .......................................................................................................................... 15
      Section 2 – Definitions ......................................................................................................................... 15
      Section 3 – Purpose of Act ................................................................................................................... 15
      Section 4 – Act binds Crown ................................................................................................................ 15
   PART 2 – Construction Standards ............................................................................................................ 15
      Section 5 – Construction standards prescribed ................................................................................... 15
      Section 6 – Application of construction standards .............................................................................. 15
      Section 7 – Notice to local authority ................................................................................................... 16
      Section 8 – Ministerial interpretations ................................................................................................ 16
   PART 3 – Chief Codes Administrator ....................................................................................................... 16
      Section 9 – Chief codes administrator ................................................................................................. 16
      Section 10 – Building official licences .................................................................................................. 16
      Section 11 – Administrative penalties ................................................................................................. 16
      Section 12 – Enforcement of administrative penalties ....................................................................... 17
      Section 13 – Appeal to court re administrative penalty ...................................................................... 17
      Section 14 – Discipline orders.............................................................................................................. 17
      Section 15 – Appeal to chief codes administrator ............................................................................... 17
   PART 4 – Administration by Local Authorities......................................................................................... 17
      Section 16 – Administration by local authorities................................................................................. 17
      Section 17 – Adopting building bylaws ................................................................................................ 17
      Section 18 – Failure to adopt building bylaw ...................................................................................... 18
      Section 19 – Permits ............................................................................................................................ 18
      Section 20 – Interest on title ............................................................................................................... 18
      Section 21 – Public documents ............................................................................................................ 18
      Section 22 – Regional cooperation ...................................................................................................... 18
   PART 5 – Building Officials ....................................................................................................................... 18
      Section 23 – Building officials .............................................................................................................. 18
      Section 24 – Powers of building officials ............................................................................................. 19
                                                                                                                                                         4
   Section 25 – Building official orders .................................................................................................... 19
   Section 26 – Execution of orders ......................................................................................................... 19
PART 6 – Saskatchewan Construction Standards Appeal Board ............................................................. 19
   Section 27 – Saskatchewan Construction Standards Appeal Board .................................................... 19
   Section 28 – Quorum ........................................................................................................................... 19
   Section 29 – Procedures re hearing of appeals ................................................................................... 19
   Section 30 – Remuneration and reimbursement ................................................................................ 20
   Section 31 – Appeals re building official orders .................................................................................. 20
   Section 32 – Application re interpretation order ................................................................................ 20
   Section 33 – Application re exemption order ...................................................................................... 20
   Section 34 – Appeal to judge ............................................................................................................... 20
PART 7 – Emergencies ............................................................................................................................. 20
   Section 35 – Definitions for Part .......................................................................................................... 20
   Section 36 – Powers of minister in an emergency .............................................................................. 20
   Section 37 – Order during emergency period ..................................................................................... 21
   Section 38 – Rules re section 36 and 37 and orders............................................................................ 21
PART 8 – Offences and Penalties............................................................................................................. 21
   Section 39 – Offences and penalties ................................................................................................... 21
   Section 40 – Court order...................................................................................................................... 21
PART 9 – General ..................................................................................................................................... 21
   Section 41 – Immunity ......................................................................................................................... 21
   Section 42 – Act deemed not to lessen responsibility......................................................................... 21
   Section 43 – Public notice .................................................................................................................... 21
   Section 44 – Service of documents...................................................................................................... 22
   Section 45 – Regulations...................................................................................................................... 22
PART 10 - Transitional, Repeal and Coming into Force ........................................................................... 22
   Section 46 – Transitional re orders, permits etc. ................................................................................ 22
   Section 47 – Transitional re application of construction standards pursuant to rural municipality
   resolution............................................................................................................................................. 22
   Section 48 – Transitional re appeals .................................................................................................... 22
   Section 49 – SS 1983-84, c U-1.2 repealed .......................................................................................... 22
   Section 50 – Coming into force............................................................................................................ 22

                                                                                                                                                           5
The Building Code Regulations .........................................................................................................23
  PART 1 – Preliminary Matters ................................................................................................................. 23
     Section 1 – Title ................................................................................................................................... 23
     Section 2 – Definitions and interpretation .......................................................................................... 23
  PART 2 – Adoption and Application of Building Code ............................................................................. 23
     Section 3 – Code adopted.................................................................................................................... 23
     Section 4 – Carbon monoxide and smoke alarms ............................................................................... 23
     Section 5 – No relief of obligation to comply with Codes ................................................................... 24
     Section 6 – Existing farm buildings ...................................................................................................... 24
  PART 3 – Bylaws, Permits and Orders ..................................................................................................... 24
     Section 7 – Bylaws ............................................................................................................................... 24
     Section 8 – Model building bylaw........................................................................................................ 24
     Section 9 – Permits issuance ............................................................................................................... 25
     Section 10 – Permits – refusal to issue ................................................................................................ 25
     Section 12 – Permits expiry ................................................................................................................. 26
     Section 13 – Form and content of building official orders .................................................................. 26
     Section 14 – Registering and discharging interests in Land Titles Registry ......................................... 27
  PART 4 – Owner’s Responsibilities .......................................................................................................... 27
     Section 15 – Review and changes ........................................................................................................ 27
     Section 16 – Availability of plans ......................................................................................................... 27
     Section 17 – Unsafe conditions ........................................................................................................... 27
     Section 18 – False information ............................................................................................................ 27
  PART 5 – Building Official Licences and Powers ...................................................................................... 27
     Section 19 – Classes of licence ............................................................................................................ 27
     Section 20 – Qualifications of candidates............................................................................................ 28
     Section 21 – Building official examinations ......................................................................................... 28
     Section 22 – Application for a licence.................................................................................................. 29
     Section 23 – Issuance of a licence – Saskatchewan resident .............................................................. 29
     Section 24 – Issuance of a licence – non – Saskatchewan resident .................................................... 29
     Section 25 – Issuance of a licence – temporary or restricted.............................................................. 29
     Section 26 – Refusal to issue a licence ................................................................................................ 29
     Section 27 – Licence expiry, extension and renewal ........................................................................... 30

                                                                                                                                                           6
     Section 28 – Suspending, revoking or changing class of licence ......................................................... 30
     Section 29 – Powers of a building official ............................................................................................ 31
     Section 30 – Local authority and building official................................................................................ 31
  PART 6 – Advisory Committees ............................................................................................................... 31
     Section 31 – Chief codes administrator advisory committee .............................................................. 31
  PART 7 – Appeal Board ............................................................................................................................ 31
     Section 32 – Membership .................................................................................................................... 31
     Section 33 – Appeal board deposits .................................................................................................... 31
     Section 34 – Failure to appear ............................................................................................................. 32
     Section 35 – Publication of appeal board decisions ............................................................................ 32
  PART 8 – Service of Documents .............................................................................................................. 32
     Section 36 – Service of documents...................................................................................................... 32
  PART 9 – Accessibility Standards ............................................................................................................. 32
     Section 37 – Definitions for Part .......................................................................................................... 33
     Section 38 – Application of Part .......................................................................................................... 33
     Section 39 – Major occupancy change ................................................................................................ 33
     Section 40 – Alterations and renovations ........................................................................................... 33
     Section 41 – Additions ......................................................................................................................... 33
     Section 42 – Certain facilities exempt ................................................................................................. 33
  PART 10 – Repeal and Coming into Force ............................................................................................... 33
     Section 43 - RRS c U-1.2 Reg 5 and U-1.2 Reg 6 repealed ................................................................... 33
     Section 44 – Coming into force............................................................................................................ 33
  APPENDIX ................................................................................................................................................ 34
     PART 1 – Amendments to the National Building Code of Canada 2015.............................................. 34
     PART 2 – Model Building Bylaw ........................................................................................................... 35
     PART 3 – TABLE 1 – Examination and Licence Fees for Building Officials ........................................... 36
The Energy Code Regulations ...........................................................................................................37
     Section 1 – Title ................................................................................................................................... 37
     Section 2 – Definitions and interpretation .......................................................................................... 37
  PART 2 – Adoption and Application of Energy Codes ............................................................................. 37
     Section 3 – Code .................................................................................................................................. 37
     Section 4 – Compliance with The Building Code Regulations .............................................................. 37

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     Section 5 – Permits .............................................................................................................................. 37
  PART 3 – Owner’s Responsibilities .......................................................................................................... 37
     Section 6 – Review by architect or engineer ....................................................................................... 37
     Section 7 – Compliance with NECB ...................................................................................................... 38
  PART 4 – Coming into Force .................................................................................................................... 38
     Section 8 – Coming into force.............................................................................................................. 38
The Plumbing Code Regulations .......................................................................................................39
     Section 1 – Title ................................................................................................................................... 39
     Section 2 – Definitions and interpretation .......................................................................................... 39
     Section 3 – Application of regulations ................................................................................................. 39
     Section 4 – Local authorities ................................................................................................................ 39
  PART 2 – National Plumbing Code........................................................................................................... 39
     Section 5 – National Plumbing Code of Canada .................................................................................. 39
  PART 3 – Plumbing Inspectors ................................................................................................................. 40
     Section 6 – Chief plumbing inspector .................................................................................................. 40
     Section 7 – Chief plumbing administrator ........................................................................................... 40
     Section 8 – Plumbing inspectors.......................................................................................................... 40
     Section 9 – Powers of plumbing inspectors......................................................................................... 40
     Section 10 – Form and content of plumbing inspector orders............................................................ 40
     Section 11 – Plumbing inspector orders – Land Titles Registry ........................................................... 40
  PART 4 – Responsibilities......................................................................................................................... 40
     Section 12 – Compliance with NPC ...................................................................................................... 40
     Section 13 – Responsibility of owner .................................................................................................. 41
     Section 14 – False Information ............................................................................................................ 41
     Section 15 – No relief of obligation to comply with the NPC .............................................................. 41
     Section 16 – Unsafe Conditions ........................................................................................................... 41
     Section 17 – Availability of plans ......................................................................................................... 41
     Section 18 – Connection to sewage works .......................................................................................... 41
  PART 5 – Permits ..................................................................................................................................... 41
     Section 19 – Permit required re construction, renovation, etc. .......................................................... 41
     Section 20 – Permit required – connection to water pipelines ........................................................... 42
     Section 21 – Eligibility for permit......................................................................................................... 42

                                                                                                                                                           8
   Section 22 – Application for permit ..................................................................................................... 42
   Section 23 – Permits – issuance........................................................................................................... 42
   Section 24 – Permits – expiry .............................................................................................................. 42
   Section 25 – Permits – revocation ....................................................................................................... 42
   Section 26 – Permit fees ...................................................................................................................... 42
PART 6 – Inspections ............................................................................................................................... 43
   Section 27 – Inspection of plumbing system ....................................................................................... 43
   Section 28 – Existing plumbing systems .............................................................................................. 43
   Section 29 – Certificates of approval ................................................................................................... 43
PART 7 – Appeals of Plumbing Inspector Orders and Requests for Interpretation ................................ 43
   Section 30 – Appeal ............................................................................................................................. 43
   Section 31 – Pre-ruling......................................................................................................................... 43
   Section 32 – Appeal decisions – plumbing .......................................................................................... 43
   Section 33 – Appeal board deposit ...................................................................................................... 43
   Section 34 – Failure to Appear ............................................................................................................ 44
   Section 35 – Publication of appeal board decisions ............................................................................ 44
PART 8 – Bylaws and miscellaneous matters .......................................................................................... 44
   Section 36 – Bylaws ............................................................................................................................. 44
   Section 37 – Permitted deviations....................................................................................................... 44
   Section 38 – Compulsory provision of hot water ................................................................................ 44
PART 9 – Transitional and Coming into Force ......................................................................................... 44
   Section 39 – Transitional ..................................................................................................................... 44
   Section 40 – Coming into force............................................................................................................ 44
Appendix A - Saskatchewan Amendments to the National Plumbing Code 2015 (NPC 2015) ............... 44
Appendix B - Form A................................................................................................................................ 45
Appendix C - Fees .................................................................................................................................... 45




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Executive Summary

Overview
The Construction Codes Act (the CC Act), The Building Code Regulations (the BC Regulations), The Energy
Code Regulations (the EC Regulations) and The Plumbing Code Regulations (the PC Regulations) came
into force on January 1, 2022, and replaced The Uniform Building and Accessibility Standards Act (the
UBAS Act) as the legislation which governs construction standards in Saskatchewan. Building owners are
responsible for compliance with the CC Act. Local authorities are responsible for administration and
enforcement.

Items of Note
Transition

Bylaws, contracts, building official orders, licences, appeals and building permits that were valid under
the UBAS Act on December 31, 2021, remain valid under the CC Act on January 1, 2022. There is no
requirement for a local authority to reissue any permit, order, contract or licence simply because
the CC Act came into force.

Building Bylaws

Building bylaws can only be adopted by the council of a local authority under the requirements of
the CC Act. While other legislation gives local authorities the ability to adopt bylaws related to public
safety and good governance, only the CC Act can be used to adopt bylaws that relate to building
construction or occupancy. Local authorities are required to obtain ministerial approval when adopting,
amending or repealing their building bylaw. Building bylaws adopted under the UBAS Act will remain
valid for a period of time. Local authorities with valid bylaws on January 1, 2022, are required to renew
or repeal-and-replace their existing building bylaw by December 31, 2028.

Local authorities that do not have a building bylaw adopted under the UBAS Act must adopt a new
building bylaw under the CC Act as follows:
• December 31, 2022, for any city as defined in The Cities Act;
• December 31, 2023, for any municipality as defined in The Municipalities Act;
• December 31, 2023, for park land as defined in The Parks Act;
• December 31, 2024, for any regional park as Defined in The Regional Parks Act, 2013; and
• December 31, 2024, for land within the capital region as defined in The Provincial Capital
    Commission Act.

Any local authority which does not have a valid building bylaw (adopted under either the UBAS Act or
the CC Act) by the required date will be subject to the model building bylaw.




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Model Building Bylaw

The CC Act requires local authorities to have a building bylaw. Local authorities which do not have a
valid building bylaw by the required date for that type of local authority will be subject to the model
building bylaw. Local authorities are required to administer and enforce the model building bylaw as
though they had adopted it themselves.

A local authority which is subject to the model building bylaw and then adopts its own building bylaw
will no longer be subject to the model building bylaw. However, a local authority which repeals its
building bylaw (without adopting a new building bylaw at the same time) after the dates listed above
will be subject to the model building bylaw.

Farm Buildings

Farm buildings which have a residential occupancy (i.e., sleeping quarters) are subject to the
construction standards found in the CC Act. To clarify, there is no exemption from construction
standards for buildings on agricultural land if the building has sleeping quarters. Local authorities cannot
use their building bylaw to exempt these buildings from construction standards, regardless of whether
that bylaw was adopted under the UBAS Act or the CC Act.

However, construction standards only apply to new construction for farm residences or buildings with a
residential occupancy. After January 1, 2022, only newly constructed buildings with sleeping
accommodation or buildings with sleeping accommodation that are being renovated, altered or added
to are subject to construction standards. If work began, but was not completed prior to January 1, 2022,
the building owners are responsible for demonstrating that construction began prior to January 1, 2022,
to continue the farm building exemption previously found in the UBAS Act.

Registering Orders on Land Titles Registry

Local authorities can register building official’s orders on the Land Titles Registry 61 days after the order
is received by the building owner. To clarify, owners need to be given 60 days to comply with a building
official’s order, after which the order can be registered on the Land Titles Registry. Once an owner has
complied with the conditions of the building official’s order, local authorities have 30 days to discharge
the interest on the Land Titles Registry.

All costs associated with registering or discharging an interest on the Land Titles Registry for a building
official order can be charged to the owner and failure to pay will result in charges being added to
property taxes.

Adding Enforcement Costs to Property Taxes

Local authorities can add the costs of administering and enforcing the CC Act to an owner’s property
taxes. Owners must be given a reasonable opportunity to pay these costs prior to being added to the
property taxes and collected the same as any other outstanding taxes.




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For example, if a building owner failed to pay the fees for a follow up inspection connected to a building
permit, a local authority should send a letter to the building owner, outlining the reason for the fees
(i.e., the follow up inspection), the amount of fees owed and the date by which the fees must be paid
(generally 30 days from the date of the letter). If the building owner still has not paid the inspection fees
by that date, the outstanding inspection fees could be added to property taxes and collected the same
as any other outstanding taxes.

Building Officials and Annual Reporting Requirements

Only individuals who have a valid Saskatchewan building official licence issued by the Chief Codes
Administrator (the CC Administrator) can provide building official services. Building officials can be
appointed by a local authority to enforce other bylaws (e.g., noise, parking) but building officials can
only use the powers provided in the CC Act to enforce building bylaws.

Local authorities are required to provide the CC Administrator the names and license numbers of all
building officials appointed by the local authority within 60 days of the end of the local authority’s fiscal
year. This includes building officials:
• who are newly appointed;
• whose appointment ended or was terminated during the year;
• who are on an approved leave (e.g., paternity, extended illness); and,
• whose appointment is suspended.

Information Required on Permits

All permits issued under the CC Act are required to have the following information listed:
• the name of the person or company to whom the permit is issued;
• the time period the permit is valid;
• a list of all fees, bonds or deposits charged for the permit;
• the work authorized by the permit;
• the address (municipal or legal description) of the property covered by the permit;
• the building or portion of building the permit applies to;
• the stages of construction when the permit holder must notify the local authority;
• any conditions the permit holder must comply with; and
• any other information required by the local authority.

Information Required on Building Official Orders

All building official orders issued under the CC Act are required to have the following information listed:
• the date of the order;
• the name of the person or company to whom the order is issued;
• the address (municipal or legal description) of the property covered by the order;
• the name of the building official;
• the name of the local authority who appointed the building official;
• state that it is an order pursuant to section 25 of the CC Act;
• identify the portion of the CC Act, Regulations, construction codes or bylaw that have been
     contravened;

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•   identify the actions that are ordered to occur or to cease to occur;
•   identify the date that compliance is required;
•   including information on how to file an appeal of the order;
•   state that orders can be registered on the Land Titles Registry 61 days after being received by the
    owner.

Pre-Rulings by the Appeal Board

Building owners, local authorities, building officials and contractors can apply to the Saskatchewan
Construction Standards Appeal Board (Appeal Board) for an interpretation of a construction code.
Applications must be made prior to a building permit being issued and can only be related to an
interpretation of a construction code, not interpretations of the CC Act or Regulations.

Once the Appeal Board issues an order in this matter, the building owner or contractor has six months
to apply for a permit from the local authority which applies the appeal board’s decision. If a building
owner or contractor does not apply for a permit within six months, the appeal board’s interpretation is
no longer valid and cannot be used as part of a permit application.

Service of Documents

Local authorities have options when it comes to the service of documents. These include:
• personal service (e.g., hand delivered or a process server);
• ordinary or registered mail;
• posting copies at the building to which the document relates; or
• email or electronic service.

If a building official or local authority posts a copy of a document on a building, they need to ensure the
document is properly secured, visible and protected from the elements. It is also recommended that a
picture of the posted document be taken, including time and date, to prove the document was served.

The use of email to serve documents is only allowed where an individual has provided their email
address and consented in writing to receive these items via email. Additionally, some documents may be
sent electronically but must also be sent another way; this includes building official orders for unsafe
conditions and the revocation of a building permit.

Local authorities should not assume that because a building owner has previously consented to receive
some types of documents via email, they have also consented to receive all other types of documents
the same way. For example, a building owner may have agreed to have their monthly water bills
emailed to them but that does not automatically mean the building owner agreed to have their building
permit emailed to them.




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Acronyms

        Appeal Board     The Saskatchewan Construction Standards Appeal Board
     CC Administrator    Chief Codes Administrator
               Codes     The NBC, NECB and NPC as adopted under the CC Act and Regulations
            Minister     Minister responsible for the CC Act, currently the Minister of Government
                         Relations
                  NBC    The National Building Code of Canada
                 NECB    The National Energy Code of Canada for Buildings
                  NPC    The National Plumbing Code of Canada
 the BASA Regulations    The Building and Accessibility Standards Administration Regulations
    the BC Regulations   The Building Code Regulations
            the CC Act   The Construction Codes Act
    the EC Regulations   The Energy Code Regulations
    the PC Regulations   The Plumbing Code Regulations
                    PR   The Plumbing Regulations
         the UBAS Act    The Uniform Building and Accessibility Standards Act
 the UBAS Regulations    The Uniform Building and Accessibility Standards Regulations




                                                                                                     14
The Construction Codes Act
PART 1 – Preliminary Matters                                                       Former Provision
Section 1 – Short Title                                                          the UBAS Act
The title of the CC Act for the purpose of citation.                             section 1

Section 2 – Definitions                                                          the UBAS Act
Definitions of the various terms used throughout the CC Act. Numerous new        section 2
definitions are included.

Section 3 – Purpose of Act                                                       New provision
Outlines the broad purpose of the CC Act and details the responsibility of
building owners, local authorities and the Government of Saskatchewan’s
authority to manage the CC Act.

Section 4 – Act binds Crown                                                      the UBAS Act
The Crown is bound by the CC Act and therefore is also subject to bylaws         section 3
and Regulations made pursuant to the CC Act.


PART 2 – Construction Standards
Section 5 – Construction standards prescribed                                    the UBAS Act
Outlines the authority of the Government of Saskatchewan to make or              subsections 8(1) and
adopt standards for the design, construction, addition, erection, placement,     11(2)
alteration, repair, renovation, demolition, relocation, removal, use,
occupancy or change of occupancy of the building. It provides for the
classification of buildings based on their use or occupancy and includes
provisions to adopt by regulation the NBC, the NECB and the NPC.

Section 6 – Application of construction standards                                the UBAS Act
This section outlines when construction standards apply to new                   section 7
construction and in what situations they may apply to existing buildings.

Clauses 7(2)(a) and (b) exempt buildings which were under construction,          the UBAS Act
were built or had a permit for construction issued prior to the adoption of      clauses 7(2)(a) and (b)
the UBAS Act on June 6, 1988. However, construction standards do apply to
any new construction or renovations on these older buildings but is still only
applicable to the new construction or renovations, not the whole building.

Saskatchewan exempts existing buildings from complying with energy               the UBSA Regs
efficiency standards, even if those buildings undergo a renovation or            subsection 3(11)
alternation. Clause 6(2)(d) allows this exemption to be adopted in
regulation and this exemption is continued in Regulations under the CC Act.

Subsection 6(3) provides local authorities with the autonomy to apply            the UBAS Act
construction standards to new farm buildings or renovations to existing          subsection 7(3)
farm buildings in their jurisdiction if they so choose.
                                                                                                        15
Section 7 – Notice to local authority                                              the UBAS Act
This section expands the ability for local authorities to require additional       section 17.2
notification from owners in their bylaws if the local authority choses. The
Lieutenant Governor in Council could also require additional notifications at
different stages of construction if necessary.

Clause 7(3)(d) requires owners inform local authorities if the work that was New provision
completed differed from the plans which were submitted as part of a permit
application. For example, if an owner chooses to use a different foundation
system or a different floor assembly system that what had been approved
when the permit was issued, they would be required to notify the local
authority of this change and seek an amendment to the building permit.

Section 8 – Ministerial interpretations                                            New provision
This section allows the Minister to issue interpretations on any provision of
a construction code adopted under the CC Act. These interpretations would
be applicable to every building where that provision applies.

To assist in the formation and development of the pre-rulings, the Minister
may form an advisory committee of affected stakeholders who can provide
insight and expertise.


PART 3 – Chief Codes Administrator
Section 9 – Chief codes administrator                                              the UBAS Act
This section appoints and defines the duties and responsibilities of the CC        subsection 5(1)
Administrator.

Subsection 9(3) includes:                                                          New provision
• compliance with construction codes;
• establishment of interjurisdictional areas between local authorities;
• the delivery of building official services; and
• any other matter directed by the Minister.

Section 10 – Building official licences                                            the UBAS Act
This section deals with who is allowed to be issued a building official licence.   section 5.1
The word “qualified” is added to the description of people who can be
issued a licence. Qualifications are defined by regulation.


Section 11 – Administrative penalties                                              the UBAS Act
The CC Administrator can issue administrative penalties for contraventions         section 21.1
of the CC Act, Regulations or orders made under the CC Act. Additional
requirements detail how the process for administrative penalties must be
applied.



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Section 12 – Enforcement of administrative penalties                            the UBAS Act
The CC Administrator can certify administrative penalties by filing them with   section 21.2
the court.

Section 13 – Appeal to court re administrative penalty                          the UBAS Act
Recipients of an administrative penalty may appeal that penalty to the court    section 21.3
and the court may decide to confirm, amend or quash the administrative
penalty.

Section 14 – Discipline orders                                                  the UBAS Act
Discipline orders can be written for:                                           section 21.4
• failure to comply with orders of the appeal board;
• failure to comply with building official orders; and
• building officials who fail to comply with conditions of their licence.

Section 15 – Appeal to chief codes administrator                                the UBAS Act
Recipients of a disciplinary order may appeal that order to the CC              section 21.5
Administrator.


PART 4 – Administration by Local Authorities
Section 16 – Administration by local authorities                                the UBAS Act
This section provides that local authorities must administer and enforce this   section 4
Act, the Regulations, ministerial interpretations, orders of their appointed
building official and decisions and orders of the appeal board.

Subsection 16(4) is new and requires a local authority to inform the CC         New provision
Administrator on an annual basis of building officials that have been
appointed, suspended or cancelled during the previous fiscal year.

Subsections 16(9) and (10) are new and allow a local authority to add           New provision
unpaid amounts for work or service to property taxes. For example, if a
building permit is issued without the permit fee being paid, the fee amount
could be added to the building’s property tax and collected in the same
manner.

Section 17 – Adopting building bylaws                                           the UBAS Act
This section sets the procedure related to the adoption, amendment and          sections 14, 23.1 and
repeal of building bylaws by local authorities.                                 24

Subsection 17(5) requires local authorities to inform the Minister of repeals   New provision
of building bylaws, which was not previously required.

Subsection 17(6) extends the time local authorities must submit a bylaw for     New provision
ministerial approval from 30 days to 60 days.


                                                                                                        17
Subsection 17(11) requires local authorities to repeal and replace existing      New provision
building bylaws within with seven years of the coming into force of this Act.
This is necessary to ensure all bylaws comply with the new legislation. Local
authorities which do not renew their building bylaw within this timeframe
would be subject to the default provincial building bylaw referred to in
section 18.

Section 18 – Failure to adopt building bylaw                                     New provision
Local authorities without building bylaws will be subject to the prescribed
model building bylaw.

Section 19 – Permits                                                             the UBAS Act
Permits are required prior to commencing any work unless an unsafe               section 15
condition or an imminent danger is identified.

Subsection 19(3) allows owners to undertake work (which normally requires        New provision
a permit) without a permit but only to relieve an unsafe condition or
imminent danger in a timely manner. In these circumstances a permit must
be applied for within three business days of that action and to demonstrate
to the local authority that an unsafe condition or imminent danger existed.

Section 20 – Interest on title                                                   New provision
Where compliance with the minimum standards is being contravened, an
order on title can be registered at the direction of the building official to
alert prospective buyers, lenders and others that compliance with the
standards has not been met. The section details further the process and
discharge requirements when an interest in title is being considered.

Section 21 – Public documents                                                    New provision
The Local Authority Freedom of Information and Protection of Privacy Act
applies and all records related to a building project are subject to that Act.

Section 22 – Regional cooperation                                                New provision
Supports two or more municipalities working together by agreement where
regional interests span the geographical boundaries of local authorities.
May include common processes, fees and building official appointment.


PART 5 – Building Officials
Section 23 – Building officials                                                  the UBAS Act
Makes government appointment of building official possible and limits            section 5
anyone who does not have a building official licence from practicing as a
building official.




                                                                                                 18
Section 24 – Powers of building officials                                        the UBAS Act
Provides the necessary powers for a building official to enter land or           section 16
buildings, make inspections, take samples and be accompanied by persons
with expert knowledge. Also provides the authority to apply for a
restraining order and take actions when a building is determined to pose an
imminent danger is identified.

Section 25 – Building official orders                                            the UBAS Act
Establishes the power for a building official to write an order for compliance   section 17
with the minimum construction standards, an unsafe condition or the terms
and conditions of a permit.

Section 26 – Execution of orders                                                 the UBAS Act
Any order that has not been resolved can be acted upon by the Minister or        section 21
the CC Administrator if requested by the local authority or determined by
the Minister that inaction could pose a danger to the public.


PART 6 – Saskatchewan Construction Standards Appeal Board
Section 27 – Saskatchewan Construction Standards Appeal Board                    the UBAS Act
This section: continues the Saskatchewan Building and Accessibility              section 6
Standards Board as the Saskatchewan Construction Standards Appeal
Board; expands its membership from eight persons to ten persons; and
limits board members to two consecutive terms. It also allows for the
Lieutenant Governor in Council to establish qualifications of Appeal Board
members, and removes the designation of Appeal Board secretary.

Section 28 – Quorum                                                              the UBAS Act
Establishes a minimum number of members as quorum to hear an appeal.             subsection 6(6)

Section 29 – Procedures re hearing of appeals                                    the UBAS Act
Provides for the Appeal Board to establish its own rules of procedure.           subsection 6(7)
Establishes the types of decisions the Appeal Board can make dependent on
the building official’s order.

Empowers the CC Administrator to establish the validity of an appeal and
provides the CC Administrator the ability to dismiss appeals which are
outside of the Appeal Board’s mandate or which are inappropriate.




                                                                                                   19
Section 30 – Remuneration and reimbursement                                    New provision
This section allows the Lieutenant Governor in Council to set the
remuneration for appeal board members.

Section 31 – Appeals re building official orders                               the UBAS Act
This section establishes procedures for appeals and provides the CC            section 18
Administrator with the power to dismiss appeals where appellants fail to
take action to continue their appeal. This section also provides additional
time for the appeal board to hold a hearing, moving from 30 days to 60
days.

Section 32 – Application re interpretation order                               New provision
This section allows the Appeal Board to issue pre-rulings on difference of
interpretation of construction codes which are applicable to individual
buildings.

An application for a pre-ruling must be submitted prior to a permit being
issued and a local authority must be given the opportunity to provide a
submission prior to the hearing taking place. There is also a time limit for
which a pre-ruling is valid to ensure timely action by a building’s owner.

Section 33 – Application re exemption order                                    the UBAS Act
This section allows for owners to ask for an exemption from accessibility      section 12
standards in select situations where the Appeal Board believes compliance
with accessibility standards is impractical, inappropriate, where an undue
hardship would be created, or where the building owner can demonstrate
their proposal would provide equal or better accessibility than the building
standard requires.

Building owners must apply before a building permit is issued and rulings
have a time limit to ensure the building owner acts in a timely manner.

Section 34 – Appeal to judge                                                   the UBAS Act
This section expands the number of parties which can appeal a decision of      section 19
the appeal board to a judge to include building officials, constructors and
local authorities.


PART 7 – Emergencies
Section 35 – Definitions for Part                                              New provision
This section provides definitions for this Part.

Section 36 – Powers of minister in an emergency                                New provision
This section provides the Minister with additional powers in situations of a
provincial or local authority declaration of emergency or during a public
health order.

                                                                                               20
These powers include the ability to act as a local authority for issuing
permits for temporary structures or renovations to existing structures and
to provide building official services where necessary. This section also limits
the time that a temporary building is permitted to act as a building, as
indicated on the date of the permit.

Decisions of the Minister in these situations are not subject to review, like
the powers provided to the Minister under The Emergency Planning Act
during an emergency.

Section 37 – Order during emergency period                                        New provision
This section provides the Lieutenant Governor in Council with powers
during an emergency to ensure action is taken as needed. This may include
suspending, modifying, replacing or prescribing new requirements.

Section 38 – Rules re section 36 and 37 and orders                                New provision
This section ensures orders of the Minister or the Lieutenant Governor in
Council, take precedent over other bylaws, regulations or agreements made
under this Act. This section also outlines how long these orders remain in
force after an emergency is over.


PART 8 – Offences and Penalties
Section 39 – Offences and penalties                                               the UBAS Act
Describes the reasons that penalties can be applied, the limits of those          section 22
penalties and the requirement that the penalties are only applicable on
summary conviction.

Section 40 – Court order                                                          the UBAS Act
Any person who does not comply with an order provided for under this Act          section 23
may be the subject of an application to the court by either the Minister or
the local authority.


PART 9 – General
Section 41 – Immunity                                                             the UBAS Act
This section limits the liability for the different parties involved in the       section 26
development, adoption, administration and enforcement of construction
standards, when actions are done in good faith.

Section 42 – Act deemed not to lessen responsibility                              the UBAS Act
Provides a heightened responsibility in the case of a fatality.                   section 25

Section 43 – Public notice                                                        the UBAS Act
Provides powers for the Minister to publish an array of documents the             section 21.6
Minister determines necessary to protect the public.

                                                                                                  21
Section 44 – Service of documents                                               the UBAS Act
This section provides amended wording that allows for additional methods        section 26.1
to deliver documents including both registered and unregistered mail. The
proposed wording also changes the date that a document is deemed to
have been served from five days to seven days.

Section 45 – Regulations                                                        the UBAS Act
This section specifies the power of the Lieutenant Governor in Council to       subsection 6(8) and
make regulations under this Act.                                                sections 8, 11 and 13


PART 10 - Transitional, Repeal and Coming into Force
Section 46 – Transitional re orders, permits etc.                               New provision
Provides that, all actions related to orders, permits, licenses and other
documents commenced under the UBAS Act continue under this Act.

Section 47 – Transitional re application of construction standards pursuant     New provision
to rural municipality resolution
Prior to 2012, rural municipalities who wanted to apply building standards
to farm buildings or farm residences had to pass a resolution of council,
asking for a regulatory change which allowed their building bylaw to
override the farm building exemption. Once a regulatory amendment was
made, their bylaw was applied via regulation to farm buildings in their
jurisdiction.

In 2012, the UBAS Act was amended to allow rural municipalities to amend
their building bylaw to include farm buildings without requiring a regulatory
amendment. This section was necessary to ensure municipalities, which had
previously passed resolutions would have their building bylaw applying
building standards to farm buildings, remain in effect.

Section 48 – Transitional re appeals                                            New provision
This section allows appeals which were begun under the UBAS Act to
continue under the UBAS Act.

Section 49 – SS 1983-84, c U-1.2 repealed                                       New provision
This section allows for the repeal of the UBAS Act.

Section 50 – Coming into force                                                  the UBAS Act
Provides for this Act to come into force on the date fixed in the               section 28
proclamation.




                                                                                                        22
The Building Code Regulations
PART 1 – Preliminary Matters                                                     Former provisions
Section 1 – Title                                                              the UBAS Regulations
This section provides the name of the new regulations.                         section 1
                                                                               the BASA Regulations
                                                                               section 1

Section 2 – Definitions and interpretation                                     the UBAS Regulations
This section provides additional definitions beyond those listed in the CC     section 2
Act. Numbering individual words has been deleted to meet current               the BASA Regulations
drafting protocols.                                                            section 2

Under the CC Act and these Regulations, a “competent person” is a person
who the local authority deems acceptable.

Buildings used for the production, processing, storage, distribution or sale
of cannabis or alcohol cannot be designated as farm buildings and are
therefore subject to construction codes.


PART 2 – Adoption and Application of Building Code
Section 3 – Code adopted                                                       the UBAS Regulations
This section provides for the adoption of the NBC 2015 but does not            section 3
automatically adopt future editions. Under the Canadian Free Trade
Agreement and the Regulatory Reconciliation and Cooperation Table,
Saskatchewan has signed the Regulatory Agreement on Construction
Codes and committed to adopting the NBC 2020 within 24 months of
publication and adopting the NBC 2025 within 18 months of publication.
This will be accomplished through future regulatory amendments.

A building built before Section 9.36. of the NBC 2015 (energy efficiency
standards) was adopted (January 1, 2019), is not required to comply with
Section 9.36., even if new work occurs to the building. This is necessary as   the UBAS Regulations
energy efficiency often requires coordinated building systems, which           subsection 3(11)
often exceeds the work anticipated in most renovations.

Section 4 – Carbon monoxide and smoke alarms                                   the UBAS Regulations
Requirements for the installation of carbon monoxide and smoke alarms          subsections 3(11), (12),
in older buildings with a residential occupancy were first approved by         (13), (14), (15), (16) and
regulatory amendment in the summer of 2021 as a stand-alone package            (17)
and have been continued in these Regulations.




                                                                                                            23
All buildings with a residential occupancy are required to install a carbon
monoxide alarm and a smoke alarm (or a device which detects both
carbon monoxide and smoke) by July 1, 2022. This includes buildings
which were built prior to the UBAS Act, Regulations and codes required
these devices to be installed. Owners can install a tamper-resistant non-
replaceable 10-year battery operated device.

Section 5 – No relief of obligation to comply with Codes                         the UBAS Regulations
This section requires owners to comply with the Codes. An error in               section 4
granting a permit, reviewing plans, or during an inspection by a building
official or local authority does not relieve an owner from needing to
comply with the correct edition of the Codes.

Section 6 – Existing farm buildings                                              New provision
This section outlines how farmhouses and buildings containing residential
occupancies (overnight sleeping accommodation) which were built prior
to January 1, 2022, and were exempt under the UBAS Act, but are no
longer exempt under the CC Act, are to be treated. Existing farm
residences are required to comply but only if they are renovated, altered,
repaired or if an addition is added, only the addition itself.

Buildings in jurisdictions where the local authority’s building bylaw
required farm buildings to comply with construction standards with the
UBAS Act are still subject to the requirements listed in the local authority’s
building bylaw.


PART 3 – Bylaws, Permits and Orders
Section 7 – Bylaws                                                               New provision
This section provides that the Minister can reject building bylaws or parts
of building bylaws which deal with matters not related to buildings and
construction codes (e.g., zoning, nuisance, taxes, etc.) or which would
prevent people who meet the normal requirements for a permit from
obtaining a permit.

Section 8 – Model building bylaw                                                 New provision
This section provides that the model bylaw is to be listed in the Appendix
to these Regulations and comes into force on a staggered basis.

Local authorities who have a valid building bylaw before the dates listed in
8(2) are not subject to the model bylaw.




                                                                                                        24
As the model bylaw will apply the day after a local authority is required to
adopt their own bylaw as listed, the in-force date of the model bylaw
listed in Part II of the Appendix would be:
• January 1, 2023, for cities;
• January 1, 2024, for urban and rural municipalities and provincial
     parkland; and,
• January 1, 2025, for regional parks and the Provincial Capital
     Commission.

Section 9 – Permits issuance                                                   New provision
This section provides the minimum information which needs to be listed
on a permit issued by a local authority. Some of the information required
includes:
• identity of the person or company who the permit is issued to;
• the building that the permit applies to; and
• the work that is authorized under the permit.

Subsection 9(3) prevents work from beginning prior to a permit being           New provision
issued.

See also subsection 19(3) of the CC Act which allows owners to undertake       CC Act
work (which normally requires a permit) without a permit but only to           subsection 19(3)
relieve an unsafe condition or imminent danger in a timely manner. In
these circumstances a permit must be applied for within three business
days of that action and to demonstrate to the local authority that an
unsafe condition or imminent danger existed.

Subsection 9(5) requires and owner to get an occupancy permit prior to         New provision
occupancy of a building if required by the local authority’s building bylaw.

Section 10 – Permits – refusal to issue                                     New provision
This section provides the reasons why a local authority may refuse to issue
a building permit.

If a local authority refuses to issue a building permit, they must provide
the reason(s) for the refusal and refund money for any services not
rendered because of the refusal (e.g., building inspections). Local
authorities can retain any fees to cover the costs incurred as part of the
plan review or application process.

Section 11 – Permits – revocation                                              New provision
This section provides the reasons why a local authority can revoke a
permit they had previously issued, including an occupancy permit.




                                                                                                  25
Clauses 11(1)(d) and (1)(e) allow a local authority to revoke a permit if
work does not begin within six months or stops for six months without
written permission from the local authority. If a local authority wants to
have a different period than six months, then the local authority can
change this timeframe through their building bylaw.

A local authority which revokes a permit must inform the permit holder
within five days of the revocation as to the reasons for that decision.

Section 12 – Permits expiry                                                      New provision
This section provides that if an owner is not able to complete the work
approved in a permit before the permit expires, the owner is required to
apply to the local authority to revoke, extend or vary the permit, and they
are subject to any fees or conditions listed in the local authority’s building
bylaw.

The decision to revoke/extend/vary the permit is at the discretion of the
local authority.

The owner of a building remains responsible to ensure an unsafe
condition does not occur because of an expired permit.

If a building permit does expire, the local authority can take any actions
necessary to ensure compliance with the CC Act, Regulations or terms of
the permit. Local authorities would be able to charge the costs for these
actions back to the building owner on their property taxes.

If an owner allows a permit to expire, the building official can order the
owner to apply to revoke/extend/vary the permit.

Subsection 12(7) allows the local authority to register orders for expired
permits on the Land Titles Registry so future owners are aware that there
is an expired permit attached to the property.

Section 13 – Form and content of building official orders                        New provision
This section lists the minimum information required on all building
officials’ orders. This ensures the person(s) or corporation to whom a
building official order is issued is aware of what actions are required of
them and by what date they are required to act. The required language
also informs the recipient that failure to comply with the order can result
in the order being registered on the Land Titles Registry after 60 days.




                                                                                                 26
Section 14 – Registering and discharging interests in Land Titles Registry    New provision
This section concerns local authorities who register a building official
order on the Land Titles Registry. Once the work required in the order is
completed, or an appeal of the order results in the order being overturned
or varied, the local authority is required to update or remove the listing on
the building’s title within 30 days.


PART 4 – Owner’s Responsibilities
Section 15 – Review and changes                                                 the UBAS Regulations
This section outlines the different professionals which need to be involved     section 8
in the design of a building, depending on the size and use of the building.
Smaller buildings (i.e., single family dwellings) may be designed by a
competent person. Larger, more complex or buildings that are used for
assembly occupancy require the involvement of an engineer or architect
in the design or design review.

Subsection 15(4) requires owners ensure documentation associated with           the UBAS Regulations
approved construction and the permit is available for review while work is      subsection 8(4)
underway.

This subsection requires owners ensure both their own building and the          the UBAS Regulations
neighbouring buildings are not at risk due to a change in elevation or          sections 6 and 7
property boundaries.

Section 16 – Availability of plans                                              the UBAS Regulations
This section requires owners to have the plans and information related to       section 10
a permit available at a work site.

Section 17 – Unsafe conditions                                                  the UBAS Regulations
This section outlines the people who are responsible for ensuring an            section 11
unsafe condition does not develop because of action or inaction.

If a building (or part of a building) is in an unsafe condition, the owner of
the building is responsible to immediately address the situation.

Section 18 – False information                                                  the UBAS Regulations
This section requires individuals to submit accurate and truthful               section 12
information whenever dealing with building officials, local authorities or
the Government of Saskatchewan.


PART 5 – Building Official Licences and Powers
Section 19 – Classes of licence                                                 the BASA Regulations
This section outlines the three different classes of licences which can be      section 3
issued to building officials.

                                                                                                       27
Class 1 building officials can complete plan review and inspect one or two
dwelling units including secondary suites. Class 1 building officials cannot
inspect buildings which use the NECB for energy efficiency requirements.

Class 2 building officials can complete pan review and inspect any building
within the scope of Part 9 of the NBC, including Part 9 buildings where the
owner has chosen to use the NECB (instead of NBC Section 9.36.) for
energy efficiency requirements. Part 9 includes most buildings 600 m2 or
less in building area and three storeys or less in building height.

Class 3 building officials can complete pal review and inspect and act
related to any building which is built under either the NBC, NECB or both
codes.

Section 20 – Qualifications of candidates                                      the BASA Regulations
This section outlines the minimum training and work experience a person        section 5
must have to be considered for a Class 1 building official licence.

Interior designers are now recognized as being eligible for a building
official licence.

Subsection 20(2) allows the CC Administrator to recognize training or          the BASA Regulations
qualifications other than those listed in subsection (1). This is most used    subsection 5(2)
when licensing non-Saskatchewan residents who have a valid building
official licence in their home province or territory.

Subsection 20(3) requires candidates to obtain a lower class of licence        the BASA Regulations
before being issued a higher class of licence. This is necessary as some       subsections 5(3) and (4)
training programs allow students to complete courses out of sequence
(e.g., finish higher level courses before completing lower-level courses).

Subsection 20(4) requires holders of temporary or restricted lower class of    New provision
licence to obtain a non-temporary or non-restricted licence prior to
obtaining a higher classification of licence. In other words, a person
cannot use a temporary Class 1 licence to obtain a Class 2 licence without
first obtaining a non-temporary Class 1 licence.

Section 21 – Building official examinations                                    the BASA Regulations
This section outlines the requirements that building official examinations     sections 6, 7 and 8
must comply with.

The CC Administrator can provide reasonable accommodations to
individuals who demonstrate a need for an accommodation.

Southeast Regional College administers building official exams on behalf
of the Government of Saskatchewan. Subsection 21(5) allows this
arrangement to continue.
                                                                                                      28
The CC Administrator has the discretion to accept other courses as
equivalent to any examination required in these Regulations.

Section 22 – Application for a licence                                           the BASA Regulations
This section provides the requirement for application of a building official     section 4
license the information that needs to be provided, and the fees.
Section 23 – Issuance of a licence – Saskatchewan resident                       the BASA Regulations
This section provides how a Saskatchewan resident is issued a building           subsections 9(1) and (2)
official licence.

Section 24 – Issuance of a licence – non – Saskatchewan resident                 the BASA Regulations
This section provides how qualified non-Saskatchewan residents can               subsection 9(3)
obtain a Saskatchewan building official licence. Under labour mobility
provisions of the Canadian Free Trade Agreement and the New West
Partnership Trade Agreement, Saskatchewan has agreed to recognize
individuals who demonstrate they hold a valid building official licence in
another Canadian jurisdiction.

Subsection 24(2) allows the CC Administrator to require                          New provision
non-Saskatchewan building officials to take training on Saskatchewan’s
legislative and regulatory requirements and Saskatchewan amendments
to the NBC.

Section 25 – Issuance of a licence – temporary or restricted                     the BASA Regulations
This section provides for the issuance of a temporary or restricted building     subsections 9(4), (5), (6)
official licence. These licences are most often issued for individuals who       and (7)
have most (but not all) the training or experience required to be a building
official in the licence classification they have applied for. They can also be
issued for building officials who are working on a specific project for a
limited time if requested by the local authority.

Section 26 – Refusal to issue a licence                                          New provision
This section outlines the reasons the CC Administrator can refuse to issue
a licence. In all scenarios, the person needs to be provided an opportunity
to be heard by the CC Administrator before their application for a licence
is rejected.

Applications which are rejected due to false or misleading statements or
due to the person being unqualified on reasonable grounds can be
disqualified from reapplying for a licence for one year.

If an applicant is refused a licence, they are entitled to a refund of their
application fee, subject to subsection 26(7) below.




                                                                                                          29
Subsection 26(7) requires applications which are rejected due to
intentionally false or misleading statements not to have the fee associated
with their licence application refunded.

Section 27 – Licence expiry, extension and renewal                             the BASA Regulations
This section deals with licences that are about to expire and how licences     section 10
can be renewed or extended.

Subsection 27(2) allows the CC Administrator to extend the term of a           New provision
licence where the licence holder was not working as a building official due
to being on an approved leave (e.g., parental, illness, military, etc.) or
where exceptional circumstances beyond the licence holder’s control
prevented them from completing any required training.

Subsection 27(3) limits any extension of a licence to a maximum of two         New provision
years, or the length of the leave, whichever is shorter.

Subsection 27(6) allows the CC Administrator to disqualify an applicant for    New provision
a period of one year for providing false or misleading statements on a
licence renewal application.

Subsection 27(8) allows the CC Administrator to require an applicant to        New provision
take additional training prior to their licence being renewed or extended.

Section 28 – Suspending, revoking or changing class of licence                 the BASA Regulations
This section outlines the reasons and situations where the CC                  section 11
Administrator can suspend or revoke a licence. Additionally, for the first
time, the CC Administrator could also change the class of licence to a
lower class of licence which the licence holder previously held. For
example, if it was discovered after the fact that a licence holder did not
actually achieve the necessary test score on their Class 2 licence exam, the
CC Administrator could revoke their licence, suspend their licence or
change their licence class back to a Class 1 licence.

Subsection 28(3) requires the CC Administrator to provide the licence          New provision
holder an opportunity to be heard before their licence is suspended,
revoked or their licence class is changed except for licences which have
been issued in error.

This subsection 28(7) allows the CC Administrator to revoke a licence          New provision
issued in error without first having to provide an opportunity to be heard.




                                                                                                      30
Section 29 – Powers of a building official                                       New provision
This section limits the ability of building officials to use the powers of a
building official for the enforcement of other bylaws. For example, a
building official may also be appointed as a general bylaw officer but they
cannot use the powers listed in the CC Act to deal with noise complaints
or other non-building items that a bylaw officer might be asked to
address.

Local authorities which are responsible for plumbing inspections (Regina,
Saskatoon, Lloydminster, the Global Transportation Hub and Technical
Safety Authority of Saskatchewan) may use building officials to enforce
plumbing regulations but are not required to do so.

Section 30 – Local authority and building official                               the UBAS Regulations
This section prohibits building officials from designing or assisting in any     section 9
work which they will review or inspect as part of their role in being a
building official. Building officials can still answer questions about codes
and construction requirements.

Subsections 30(3) and (4) address the conflict of interest a building official   New provision
may have as the owner of a building in a municipality where they are
appointed by the local authority.


PART 6 – Advisory Committees
Section 31 – Chief codes administrator advisory committee                        the BASA Regulations
This section allows the CC Administrator to form an advisory council for         section 12
any matter which is regulated or administered by the CC Act or
Regulations under the CC Act. The CC Administrator can appoint any
person or persons they believe to be qualified to assist with the advisory
committee’s discussions.


PART 7 – Appeal Board
Section 32 – Membership                                                          New provision
This section outlines the composition of members of the Appeal Board
and the qualifications of those individuals. It also prevents Appeal Board
members from participating in deliberations which they have a financial
interest in (whether directly or indirectly).

Section 33 – Appeal board deposits                                               New provision
This section requires deposits to be paid as part of an application to the
Appeal Board for either an appeal of a building official order, a request for
exemption from accessibility standards or a request for a pre-ruling.




                                                                                                        31
For appeals of building official orders, applicants who do not pay the
deposit within the required timeframe will have their application
dismissed.

Subsection 33(3) requires that for applications seeking a pre-ruling or an
exemption from accessibility standards, no hearing will be held prior to
the deposit being paid.

Subsection 33(4) allows the CC Administrator to provide a waiver of the
deposit amounts where the applicant can demonstrate the applicant is
unable to pay the deposit because of exceptional or unusual
circumstances.

Subsection 33(8) allows the Appeal Board to refund all or part of a deposit
for appeals concerning building official orders if the Appeal Board believes
it to be appropriate.

Section 34 – Failure to appear                                                  New provision
This section provides that the Appeal Board can: continue a hearing if any
parties do not attend a hearing; or dismiss the appeal/request for a
hearing if the applicant does not attend.

Section 35 – Publication of appeal board decisions                              New provision
This section allows for the publication of Appeal Board decisions, provided
that any identifying information (e.g., name, address, municipality, etc.) is
not included in published decision. The CC Administrator may also
withhold publication if the CC Administrator believes the identifying
information cannot be removed from the decision.


PART 8 – Service of Documents
Section 36 – Service of documents                                               the UBAS Regulations
This section allows for electronic service of documents (i.e., email or         section 13
online forms) that the recipient has agreed in writing to receive.

Subsection 36(3) requires certain documents to be physically sent,              New provision
regardless of if they are also sent electronically.

Subsection 36(4) outlines the minimum requirements for emails to ensure         New provision
readability and to ensure recipients know who to contact if there is a
problem.

PART 9 – Accessibility Standards
There are no proposed changes to current accessibility standards, beyond        the UBAS Regulations
reordering and combining the requirements found in the UBAS Act and             Part III
the UBAS Regulations into these Regulations.

                                                                                                       32
The Ministry of Social Services is currently consulting on development of
The Accessibility Act. The current accessibility standards will be
maintained until The Accessibility Act is completed. Development of
accessibility standards for buildings under The Accessibility Act will inform
amendments to this section later. This will ensure greater harmonization
between the different pieces of legislation and will ensure the
requirements related to building accessibility more fully complement the
principles outlined in The Accessibility Act.

Section 37 – Definitions for Part                                               the UBAS Act
No change.                                                                      section 9

Section 38 – Application of Part                                                the UBAS Act
No change.                                                                      section 10

Section 39 – Major occupancy change                                             the UBAS Regulations
No change.                                                                      section 14

Section 40 – Alterations and renovations                                        the UBAS Regulations
No change.                                                                      section 15

Section 41 – Additions                                                          the UBAS Regulations
There is a minor change made in this section, as noted below.                   Section 16

High-hazard industrial occupancies are exempt from the application of
accessibility standards within the wording of the NBC. As such, paragraph
16(2)(b)(ii)(C) has been removed as this issue is already addressed in the
NBC.

Section 42 – Certain facilities exempt                                          the UBAS Act
No change.                                                                      section 5


PART 10 – Repeal and Coming into Force
Section 43 - RRS c U-1.2 Reg 5 and U-1.2 Reg 6 repealed                         the UBAS Regulations
This section repeals the previous regulations under the UBAS Act.               section 17

Section 44 – Coming into force                                                  New provision
This section allows these Regulations to come into force at the same time
the CC Act is proclaimed.




                                                                                                       33
APPENDIX
PART 1 – Amendments to the National Building Code of Canada 2015 (NBC 2015)

This part of the appendix lists the Saskatchewan amendments to the NBC 2015. No changes are
proposed at this time except for two reference updates as noted in sections 4 and 19.

The NBC 2020 proposed to be adopted in Saskatchewan January 1, 2023, may require regulatory
amendments. Consultation on Saskatchewan amendments to the NBC 2020 will take place separately
prior to its consideration by Cabinet and implementation.

1 NBC 2015 amended                                                         No change

2 Sentence 1.1.1.1.(3) of Division A                                       No change

3 Article 1.4.1.2 of Division A                                            No change

4 Sentence A-1.4.1.2.(1) of the Notes to Part 1 Division A                 Modified
Reference to The Residential Services Act replaces the list of buildings
previously found in the the UBAS Regulations.

5 Article 1.3.1.1 of Division B                                            No change

6 Table 1.3.1.2 of Division B                                              No change

7 Article 3.1.2.5 of Division B                                            No change

8 Sentence 3.2.5.12.(2) of Division B                                      No change

9 Sentence 3.2.5.12 of Division B                                          No change

10 Clause 3.2.7.9.(1)(b) of Division B                                     No change

11 Sentence 3.3.2.7.(1) of Division B                                      No change

12 Sentence 3.4.6.16.(2) of Division B                                     No change

13 Sentence 3.4.6.16.(3) of Division B                                     No change

14 Sentence 3.5.4.1.(1) of Division B                                      No change

15 Article 3.8.2.12 of Division B                                          No change

16 Clause 3.8.2.8.(2)(a) of Division B                                     No change

17 Article 3.8.3.22 of Division B                                          No change

                                                                                              34
18 Article 6.9.3.1 of Division B                                                No change

19 Article 8.1.1.4 of Division B                                                Modified
The name of The Occupational Health and Safety Regulations, 1996 was
updated to The Occupational Health and Safety Regulations, 2020.

20 Sentence 9.9.6.8.(1) of Division B                                           No change

21 Article 9.10.2.2 of Division B                                               No change

22 Sentence 9.10.15.1.(1) of Division B                                         No change

23 Sentence A-9.10.15.1.(1) of the Notes to Part 9 of Division B                No change

24 Article 9.32.3.9 of Division B                                               No change

PART 2 – Model Building Bylaw
General                                                                         the CC Act,
Part 2 of the Appendix lists the model building bylaw, as per section 18 of     the BC Regulations and
the CC Act. Any local authority which does not adopt their own building         the EC Regulations
bylaw by the date listed in section 8 of these Regulations will be subject to
this bylaw and required to enforce it as though they had adopted it as
their own.

Section 1                                                                       No reference
This section provides the short title.

Section 2                                                                       the CC Act
This section outlines the purpose of the bylaw and the responsibility of        clause 3(2)(a)
the local authority to administer and enforce the legislation, regulations
and this bylaw.

Section 3                                                                       the CC Act
This section provides the definitions which are specific to the bylaw.          section 2
                                                                                the BC Regulations
                                                                                section 2

Section 4                                                                       No reference
This section outlines the scope of the bylaw and to which buildings and
how the bylaw applies.

Section 5                                                                       the CC Act
This section provides for the general obligations of the owner, the             subsection 5(1)(l) and
obligation to obtain an occupancy permit prior to occupying a building or       clause 16(11)(h)
a portion of a building and allows small accessory buildings to be
constructed without requiring a building permit.

                                                                                                         35
Section 6                                                                       the CC Act
This section describes the information that applicants must provide, the        section 19 and
fees that must be paid and the documentation that must be supplied for          the BC Regulations
the local authority to issue a permit.                                          section 9

Section 7                                                                       the BC Regulations
This section outlines the circumstances where a local authority can refuse      section 10
to issue a permit.

Section 8                                                                       the BC Regulations
This section outlines the circumstances where a local authority can revoke      section 11
a permit which has already been issued.

Section 9                                                                  the BC Regulations
This section outlines the responsibilities of owners and local authorities section 12
with regards to permits which expire prior to work being completed or the
permit being closed.

Section 10                                                                      the CC Act
This section outlines the powers which can be utilized by a building official   sections 24, 25 and 26
to achieve compliance with the bylaw.

Section 11                                                                      the CC Act
This section outlines when an owner is responsible to inform the local          section 7
authority of certain actions or events.

Section 12                                                                      the BC Regulations
This section outlines in what circumstance an owner must employ design          section 15 and
professionals when designing certain types of buildings.                        the EC Regulations
                                                                                section 6
Section 13                                                                      the CC Act
This section provides for penalties that may be imposed in accordance           section 39
with the CC Act.

Section 14                                                                      the CC Act
This section repeals any bylaws which a local authority may have                subsection 18(3)
previously passed, to ensure there is clarity as to which bylaw is in effect
in the local authority to whom the model bylaw applies.

PART 3 – TABLE 1 – Examination and Licence Fees for Building Officials
General                                                                         Updated to include fees
Part 3 of the Appendix lists the fees related to building official licences     for appeal applications.
and the different types of applications that can be made to the Appeal
Board.


                                                                                                         36
The Energy Code Regulations
PART 1 – Preliminary Matters                                                    Former provisions
Section 1 – Title                                                             New provision
This section provides the name of the new regulations.

Section 2 – Definitions and interpretation                                    the UBAS Regulations
This section provides additional definitions beyond those listed in the CC    section 2
Act.


PART 2 – Adoption and Application of Energy Codes
Section 3 – Code                                                              the UBAS Regulations
This section adopts the current edition of the NECB 2017 and requires any     subsection 3(8)
new building to conform to the edition of the NECB that was in force at
the time the building permit was issued.

Any building which was built or construction started prior to the NECB        the UBAS Regulations
2017 being adopted in 2019 is not required to comply with the NECB,           subsection 3(11)
even if that building is renovated, relocated, repaired or altered.

Section 4 – Compliance with The Building Code Regulations                     the UBAS Regulations
This section requires owners and contractors to also comply with              subsections 3(5) and (9)
The Building Code Regulations, which is where the requirements to obtain
a building permit and to provide notification to the local authority is
located.

Section 5 – Permits                                                           the UBAS Regulations
This section requires owners and contractors to comply with the               section 4
requirements to obtain a permit prior to work beginning on a building.        See also the BC
                                                                              Regulations
                                                                              sections (9) to (12)
PART 3 – Owner’s Responsibilities
Section 6 – Review by architect or engineer                                   the UBAS Regulations
This section outlines the need to have design professionals (architects and   section 8
engineers) either complete the design or review the design for the major
systems which are regulated under the NECB. Additionally, they are
required to inspect the building to ensure it is being constructed in
accordance with the design. This requirement is carried over from the
current regulations.




                                                                                                     37
Section 7 – Compliance with NECB                                            New provision
This section requires buildings which were constructed to the minimum
energy efficiency standard of the NECB be maintained to that standard.
This would include situations where new work (which may or may not
require a building permit) is performed to the building.


PART 4 – Coming into Force
Section 8 – Coming into force                                               New provision
This section allows these Regulations to come into force at the same time
the CC Act is proclaimed.




                                                                                            38
The Plumbing Code Regulations
PART 1 – Preliminary Matters                                                     Former provisions
Section 1 – Title                                                              PR
This section provides the name of the new regulations.                         section 1

Section 2 – Definitions and interpretation                                     PR
This section provides additional definitions beyond those listed in the CC     section 2
Administrator. Numbering individual words has been deleted to meet
current drafting protocols.

A chief plumbing administrator may be appointed by each local authority,
except the Technical Safety Authority of Saskatchewan (TSASK), to
oversee plumbing inspections within that local authority.

The chief plumbing inspector, appointed by TSASK, oversees plumbing
inspections within TSASK’s jurisdiction.

Other definitions in this section are consistent with the definitions in the
current regulations.

Section 3 – Application of regulations                                         PR
This section provides that the Regulations apply to all plumbing work but      section 3
not to plumbing systems which are regulated under The Private Sewage
Works Regulations.

Section 4 – Local authorities                                                  New provision
This section designates the local authorities responsible for administering
and enforcing these Regulations.

TSASK is responsible for administration and enforcement of plumbing
standards across Saskatchewan outside of the other local authorities
designated here.


PART 2 – National Plumbing Code
Section 5 – National Plumbing Code of Canada                                   PR
This section adopts the NPC 2015 but does not automatically adopt future       section 4
editions. Saskatchewan has committed to adopting the NPC 2020 within
24 months of publication and adopting the NPC 2025 within 18 months of
publication. This adoption will be done through future regulatory
amendments.



                                                                                                     39
The edition of the NPC that is in force in the Regulations at the time a
permit is issued is the code that applies to the work done under the issued
permit.


PART 3 – Plumbing Inspectors
Section 6 – Chief plumbing inspector                                          New provision
This section designates the chief plumbing inspector appointed by TSASK
as the chief plumbing administrator for the purpose of these Regulations.

Section 7 – Chief plumbing administrator                                      New provision
This section provides for the appointment of a chief plumbing
administrator by each of the local authorities.

Section 8 – Plumbing inspectors                                               New provision
This section provides for the appointment of plumbing inspectors by each
local authority.

Section 9 – Powers of plumbing inspectors                                     New provision
This section provides plumbing inspectors with the powers of building         the CC Act
officials but limits those powers to matters listed in these Regulations.     section 24

Section 10 – Form and content of plumbing inspector orders                    New provision
This section lists the minimum information which needs to be listed on a
plumbing inspector’s order.

Section 11 – Plumbing inspector orders – Land Titles Registry                 New provision
This section outlines how plumbing inspectors can direct local authorities
to register plumbing inspector orders on the title of the building under
section 20 of the CC Act.

Once the work required in the order is completed, or an appeal of the
order is heard, the local authority is required to update or remove the
listing on the building’s title within 30 days.


PART 4 – Responsibilities
Section 12 – Compliance with NPC                                              PR
This section requires compliance with the NPC for all work on a plumbing      section 5
system.




                                                                                              40
Section 13 – Responsibility of owner                                            PR
This section provides the responsibilities of the owner in respect of a         section 11
plumbing permit: owners are responsible for ensuring compliance with
CC Act, Regulations and the NPC and for ensuring work is done according
to the terms and conditions authorized on the permit. Building owners are
generally not eligible to obtain permits themselves (except in specific
circumstances) but are responsible for ensuring a plumber is employed to
complete the work listed on a plumbing permit.

Section 14 – False Information                                                  New provision
This section requires individuals to submit accurate and truthful
information whenever dealing with plumbing inspectors, local authorities
or the Government of Saskatchewan.

Section 15 – No relief of obligation to comply with the NPC                     New provision
This section requires owners to comply with the NPC. An error in granting
a permit, reviewing plans or during an inspection does not relieve an
owner from needing to comply with the correct edition of the NPC.

Section 16 – Unsafe Conditions                                                  New provision
This section outlines the people who are responsible for ensuring an
unsafe condition does not develop because of actions or inactions related
to work on a plumbing system.

If a building (or part of a building) is in an unsafe condition, the owner is
responsible to remedy the situation immediately.

Section 17 – Availability of plans                                              New provision
This section requires that owners ensure documentation associated with
the permit is available for review while work is underway.

Section 18 – Connection to sewage works                                         PR
This section provides that all fixtures (taps, sinks, toilets, etc.) shall be   section 21
connected to a sewage system.


PART 5 – Permits
Section 19 – Permit required re construction, renovation, etc.                  PR
This section requires that work on plumbing systems requires a permit           section 6
prior to work commencing.

This section permits installation of certain appliances without a permit if
work on the existing plumbing system is not required.

Some manufactured homes and trailers built to specific CSA standards
may be exempt from these permitting requirements.

                                                                                                41
If the plumbing system in a structure initially exempt is altered from its
original state, a permit for that alteration is required.

Section 20 – Permit required – connection to water pipelines                 PR
This section requires a permit for connecting a plumbing system to a         section 7
water pipeline.

Section 21 – Eligibility for permit                                          PR
This section provides who is eligible to apply for a plumbing permit:        section 8
journeyperson plumbers, persons employing one or more journeyperson
plumbers, and homeowners working on their own primary dwellings
where those dwellings are not connected to communal waterworks or
sewage works.

Section 22 – Application for permit                                          PR
This section provides requirements for what information must be              section 9
provided when applying for a permit.

Section 23 – Permits – issuance                                              PR
This section provides conditions under which a local authority may issue     section 10
or refuse to issue a permit.

If a local authority refuses to issue a permit, they must provide the
reasons for the refusal, and any fees must be refunded.

Section 24 – Permits – expiry                                                PR
This section provides for the duration of a permit and provides new          section 12
requirements on what needs to occur when a permit expires without the
work authorized on the permit being completed.

Section 25 – Permits – revocation                                           New provision
This section outlines how a permit can be revoked, either at the request of
the permit holder or by the local authority.

If a permit is revoked, a new permit must be obtained prior to any work
resuming.

Section 26 – Permit fees                                                     PR
This amendment provides that permit fees are to be set by local              section 13
authorities by bylaw.




                                                                                            42
PART 6 – Inspections
Section 27 – Inspection of plumbing system                                      PR
This section provides the requirements for inspections.                         section 14

The amendment provides the conditions under which a local authority
may refuse to conduct an inspection.

Section 28 – Existing plumbing systems                                          PR
This section provides that a local authority may inspect an existing            section 15
plumbing system and order alterations necessary to bring the plumbing
system into compliance with the edition of the NPC that applies to the
plumbing system.

Section 29 – Certificates of approval                                           PR
This section provides that a local authority may issue a certificate of         section 16
approval following a satisfactory inspection.

This amendment provides that a manufactured structure that is initially
exempt from permit or inspection may be granted a certificate of approval
following the satisfactory inspection of any alteration for which a permit is
required.


PART 7 – Appeals of Plumbing Inspector Orders and Requests for Interpretation
Section 30 – Appeal                                                             New provision
This section provides that any person subject to an order by a plumbing
inspector may appeal the order to the Appeal Board

Section 31 – Pre-ruling                                                         New provision
This section provides that a person may request that the Appeal Board
provide an interpretation of a provision of the NPC.

Section 32 – Appeal decisions – plumbing                                        New provision
This section sets out the official to whom the Appeal Board may delegate
plumbing appeals.

Section 33 – Appeal board deposit                                               New provision
Any appeal of a plumbing inspector order or a request for an
interpretation must be accompanied by the prescribed deposit.

If the necessary deposit is not paid within the time required, the appeal of
a plumbing inspector order is dismissed.




                                                                                                43
Section 34 – Failure to Appear                                                New provision
Where a person who has appealed to the Appeal Board or made a request
for interpretation, and that person fails to appear, the appeal or request
for interpretation may be dismissed.

Section 35 – Publication of appeal board decisions                            New provision
All decisions of the Appeal Board, if they may be cleared of identifying
information, are to be published.


PART 8 – Bylaws and miscellaneous matters
Section 36 – Bylaws                                                           New provision
This section provides that the Minister can reject plumbing bylaws which
deal with matters not related to plumbing (e.g., zoning, nuisance, taxes,
etc.) or which prevent people who meet the normal requirements for a
permit from obtaining a permit.

Section 37 – Permitted deviations                                             PR
This section permits the authorization of deviations deemed necessary         section 18
and which pose no threat to public health or safety.

Section 38 – Compulsory provision of hot water                                PR
This section provides that all public washrooms shall provide hot water.      section 20


PART 9 – Transitional and Coming into Force
Section 39 – Transitional                                                     PR
This section allows all permits which were valid prior to these Regulations   section 22
coming into force to continue to be valid under these Regulations.

Section 40 – Coming into force                                                PR
This section enacts the Regulations.                                          section 23


Appendix A - Saskatchewan Amendments to the National Plumbing Code 2015 (NPC 2015)
This part of the appendix lists the Saskatchewan Amendments to NPC 2015. No changes are proposed
at this time.

Consultation on Saskatchewan amendments to the NPC 2020 will take place separately prior to its
consideration by Cabinet and implementation.

1 NPC 2015 amended                                                            No change

2 Article 1.2.2.1 of Division A                                               No change

3 Article 1.4.1.2 of Division A                                               No change

                                                                                                  44
4 Table 1.3.1.2 of Division B                                              No change

5 Article 2.1.2.1 to 2.1.2.4 of Division B                                 No change

6 Sentence 2.4.4.1.(1) of Division B                                       No change

7 Sentence 2.4.9.4.(1) of Division B                                       No change

8 Article 2.5.5.6 of Division B                                            No change

9 Sentence 2.6.2.4.(1), (2), (3) and (4) of Division B                     No change

10 Sentence 2.6.2.5.(1) of Division B                                      No change

11 Sentence 2.7.1.1.1 of Division B                                        No change

12 Article 2.7.3.2 of Division B                                           No change

13 Sentence 2.7.4.1.(3) of Division B                                      No change

14 Section 2.2 of Division C                                               No change


Appendix B - Form A
This section provides certificate of approval that a local authority may   No change
issue to the owner of a manufactured home, mobile home or trailer if
an inspection has been conducted by the local authority and the
plumbing system has been found satisfactory.


Appendix C - Fees
This section prescribes the fees for appeals and requests for              New provision
interpretation of the NPC.




                                                                                           45
