In accordance with The Uniform Building and Accessibility Standards Act (the UBAS Act), local authorities may make building bylaws:
- prohibiting the commencement by any person of construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change of occupancy of any building unless that person is authorized by a permit to do so;
- providing for the form and content of permits for the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change of occupancy of a building;
- providing for the issuance of permits;
- providing for the circumstances in which a permit may be revoked;
- prescribing the terms and conditions on which a permit may be granted;
- prescribing the fees to be charged for the issuing of a permit;
- requiring an applicant, for a permit to demolish or remove a building, to furnish a deposit prescribing the amount of the deposit and governing recourse to the deposit and any refund of the deposit.
The Ministry of Government Relations provides review and assistance to local authorities as they develop their bylaws for adoption. Once adopted by the municipal council, a building bylaw must be submitted for formal review and approval by the Minister of Government Relations. Bylaws must be submitted within 30 days of being adopted and will be processed and returned in no more than 60 days from being received.
The Minister has four options for approval, which include:
- where the bylaw does not conflict with this Act or the Regulations, the Minister shall approve the bylaw;
- where the bylaw conflicts with this Act or the Regulations, the Minister shall not approve the bylaw;
- where a part of the bylaw conflicts with this Act or the Regulations but that a part of the bylaw does not conflict with the Act or the regulations and is severable from the part of the bylaw that conflicts with the Act or the Regulations, the Minister shall approve the bylaw in part;
- where a part of the bylaw conflicts with the Act or the Regulations but does not materially affect the bylaw in principle or substance the Minister shall approve the bylaw on the condition that the council effects amendments to it.
To best serve the responsibilities of the local authority in the provision of services, a Licensed Building Official shall be appointed in accordance with the UBAS Act.