Wascana Centre Authority - Building Standards Agreement

CONCLUSION

The agreement between the City of Regina (City) and Wascana Centre Authority (WCA) for joint performance of responsibilities under The Uniform Building and Accessibility Standards Act (UBASA) will formalize the process through which the City provides building standards services to Wascana Centre.

This agreement will not come into effect until legislative or regulatory changes are made to allow Wascana Centre to enter into this type of agreement and Wascana Centre passes a bylaw that authorizes the City to undertake these services on their behalf.

BACKGROUND

UBASA adopts a province-wide building standards regime. UBASA identifies the City as a local authority, responsible for administering and enforcing UBASA within its jurisdiction. The City has traditionally exercised building regulation authority within Wascana Centre and continued to do so following the enactment of UBASA in 1984. 

Wascana Centre is operated by WCA pursuant to The Wascana Centre Act. As a result of discussions surrounding the College Avenue Campus City land contribution, the Administration became concerned that UBASA could be interpreted in a manner that did not support the City administering and enforcing UBASA within Wascana Centre. 

The Administration engaged in discussions with WCA and the Province with the goal of seeking role clarity for UBASA administration and enforcement in Wascana Centre. The Province, WCA and the City agreed that a minor change to the UBASA regulations would ensure the statutory intent is clear. The Province has advanced this regulation which clarifies UBASA applies within Wascana Centre; and the City and WCA can enter into an agreement whereby the City continues to exercise the duties of a UBASA local authority within Wascana Centre.

DISCUSSION

In anticipation of the regulatory change by the Province, WCA and the City have commenced discussions regarding joint performance of their respective UBASA duties within Wascana Centre. Such an agreement is specifically authorized by Section 4(2) of UBASA. Currently, the City is authorized by UBASA to enter into such an agreement and the ability of WCA to enter into such an agreement will be clarified by the anticipated regulatory change.  

The City, the Province and the University of Regina are the participating parties in WCA. As the City has traditionally exercised building permit and inspection powers in Wascana Centre, WCA has not developed its own building permit and inspection programs, nor is it efficient for WCA to develop these services with internal resources. City resources are already dedicated to programs, resources and expertise in the application and enforcement of UBASA through the Building Standards Branch. Authorization to execute this agreement would formalize the City’s past practice of providing these services to WCA.

The conditions and terms of the proposed agreement include:

1.      WCA will appoint the City to administer UBASA which authorizes the City to carry out the functions of a local authority under UBASA including:

a.       Review of construction, renovation and alteration plans for all buildings located in Wascana Centre for compliance with UBASA and the Building Bylaw No 2003-7.

b.      Preparation and issuance of building, occupancy and demolition permits for all buildings within Wascana Centre.

c.       Inspections for compliance with UBASA or the Building Bylaw No 2003-7 with respect to buildings located in Wascana Centre.

d.      Enforcement action in response to contravention of UBASA or the Building Bylaw No 2003-7, including prosecution or civil action.

e.       Response to any appeals to the Board or Court regarding orders issued by a City building official.

2.      Both WCA and the City acknowledge and agree that the administration and enforcement regime established by the City pursuant to UBASA, The Cities Act and the Building Bylaw No 2003-7 is operated on a cost recovery basis funded primarily by permit fees. In exchange for performing the functions and duties of a local authority in Wascana Centre the City will retain any amounts collected by the City:.

a.       Applicable permit or inspection fees, which fees shall be as established by the City through the Building Bylaw No 2003-7.

b.      Notwithstanding subsection 22(4) of UBASA, any fine or penalty collected following prosecution to obtain compliance with UBASA or the Building Bylaw No 2003-7. 

3.      In the event that enforcement action is required, the City will have sole authority to direct the enforcement action.

4.      The term of the agreement is five years with a rolling two year renewal that continues unless or until a notice of termination of at least 12 months is provided by either party.

Execution of this agreement, following legislative changes by the Province and WCA adopting a bylaw, will formalize the City providing building standard services to WCA.

RECOMMENDATION IMPLICATIONS

Financial Implications

Building services operate on a cost-recovery model with the rate for a commercial building set at $8 per $1,000 of construction value. If the City was to not provide this service to Wascana Centre, it is anticipated that funds received from permit fees would decrease. Below is a table with the revenue generated from permits in Wascana Centre over the past four years.

Environmental Implications

None with respect to this report.

Policy and/or Strategic Implications

Authorization to enter into this agreement aligns with policy 3.2.5 of Design Regina: The Official Community Plan Bylaw 2013-48, which states that the City will work with regional partners to explore strategic planning initiatives, including but not limited to sharing of knowledge, staff resources, and other measures in support of regional strategies.

Other Implications

None with respect to this report.

Accessibility Implications

None with respect to this report.

COMMUNICATIONS

Administration has been in contact with WCA about this issue since September of 2016.

WCA will receive a copy of the report and notification of the meeting to appear as a delegation in addition to receiving written notice of City Council’s decision.

DELEGATED AUTHORITY

City Council’s approval is required to authorize Administration to enter into this agreement.

Report prepared by:

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