{"id":1624,"date":"2020-03-26T12:57:40","date_gmt":"2020-03-26T12:57:40","guid":{"rendered":"https:\/\/saskhumanrightsbeta.f9uxqf1h-liquidwebsites.com\/?page_id=1624"},"modified":"2020-03-26T13:23:16","modified_gmt":"2020-03-26T13:23:16","slug":"building-standards-the-code","status":"publish","type":"page","link":"https:\/\/saskatchewanhumanrights.ca\/education-resources\/information-sheets\/building-standards-the-code\/","title":{"rendered":"Building Standards & the Code"},"content":{"rendered":"

[et_pb_section fb_built=”1″ module_class=”content” _builder_version=”4.3.3″][et_pb_row _builder_version=”4.3.3″ custom_padding=”0px||||false|false” hover_enabled=”0″][et_pb_column type=”4_4″ _builder_version=”4.3.3″][et_pb_button button_url=”https:\/\/saskatchewanhumanrights.ca\/wp-content\/uploads\/2020\/03\/Building_Standards_-Code.pdf” url_new_window=”on” button_text=”View\/download this information as a PDF file” admin_label=”View\/download this information as a PDF file Button” module_class=”pdf-btn” _builder_version=”4.3.3″][\/et_pb_button][et_pb_text admin_label=”Introduction” _builder_version=”4.3.3″]<\/p>\n

Introduction<\/h5>\n

Canada ratified The United Nations Convention on the Rights of Persons with Disabilities (the Convention) on March 11, 2010. The Convention adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.<\/p>\n

In addition to the Convention, The Saskatchewan Human Rights Code<\/a> (the Code<\/em>) and The Canadian Charter of Rights and Freedoms (the Charter) protect people with disabilities from discrimination and protect and promote equality rights.<\/p>\n

[\/et_pb_text][et_pb_text admin_label=”Renewed Vision” _builder_version=”4.3.3″]<\/p>\n

Renewed Vision<\/h5>\n

Canada is a signatory to the Convention. Based on Canada\u2019s new obligations under the Convention, and the guarantees in the Code<\/em> and the Charter, the Commission has renewed its commitment to promote the accessibility rights of persons with disabilities.<\/p>\n

[\/et_pb_text][et_pb_text admin_label=”Addressing Barriers” _builder_version=”4.3.3″]<\/p>\n

Addressing Barriers<\/h5>\n

Persons with disabilities face barriers on a daily basis. The barriers can be physical, attitudinal or systemic. It is most effective to identify and remove barriers voluntarily and proactively rather than respond to individual accommodation requests or complaints. The Commission investigates complaints where barriers have not been identified and removed. Barriers to public services can result in discrimination against people with disabilities.<\/p>\n

[\/et_pb_text][et_pb_text admin_label=”The Business Case” _builder_version=”4.3.3″]<\/p>\n

The Business Case<\/h5>\n

It makes good business sense to identify and remove barriers. Barrier removal allows for fuller participation by all members of society. Examples of persons who benefit from accessibility measures include older persons, people of short or tall stature and families with young children.<\/p>\n

Accessibility is not a one-way street. Businesses, public services, and society as a whole benefit from accessible transportation. A shift in perceptions and attitudes is required to realize this. Adopting the concepts of accommodation <\/strong>and accessibility<\/strong> through universal access<\/strong> and barrier-free<\/strong> design will benefit all members of the community.<\/p>\n

Addressing barriers is not only about the provision of barrier-free, equitable lifestyles for people currently living with disabilities. It is also about future planning. Saskatchewan has an aging population and due to medical advancements people are living longer. We need to proactively plan for the future.<\/p>\n

[\/et_pb_text][et_pb_text admin_label=”Substantive equality not technical compliance” _builder_version=”4.3.3″]<\/p>\n

Substantive equality not technical compliance<\/h5>\n

Accessibility should not just be a matter of whether or not it is possible <\/strong>for persons with disabilities to perform tasks, but also whether it is possible to perform tasks in a dignified and easy way. The Commission endorses the concept of substantive equality which strives for equal rights and opportunities and the recognition of the dignity and worth of every person.<\/p>\n

[\/et_pb_text][et_pb_text admin_label=”Legislation and the Law” _builder_version=”4.3.3″]<\/p>\n

Legislation and the Law<\/h5>\n

People who obtain a building permit are often unaware of their additional legal obligations under the Code<\/em>. The Commission recognizes this is a problem. This is one reason for the Commission\u2019s renewed focus on accessibility.<\/p>\n

This information guide outlines considerations that pertain to accessibility rights, building standards and human rights law<\/strong> in Saskatchewan. In particular, it looks at the relationship between the Code<\/em> and The Uniform Building and Accessibility Standards Act<\/em> (UBAS) which adopts The National Building<\/em> Code<\/em> (NBC), a model code for Canada.<\/p>\n

The table below introduces the main differences between the Code<\/em> and NBC\/UBAS. The remainder of this information guide explains these differences, the complementary nature of the two pieces of legislation, and changes the Commission endorses to promote substantive equality and accessibility rights of persons with disabilities.<\/p>\n

[\/et_pb_text][et_pb_text admin_label=”Table Shortcode” _builder_version=”4.3.3″]\n\n\n\n\t\n\n\t\n\t\n\t\n\t\n\t\n\t\n\t
The Code<\/th>NBC\/UBAS<\/th>\n<\/tr>\n<\/thead>\n
Deals with human rights<\/td>Deals with building standards<\/td>\n<\/tr>\n
Applies to old and new buildings if they house a public service<\/td>Applies to \u2018new\u2019 (post 1988) public buildings, as well as to public buildings which have undergone major renovations and additions<\/td>\n<\/tr>\n
Requires efforts short of undue hardship, to accommodate people with disabilities<\/td>Requires compliance with detailed accessibility requirements in the UBAS regulations<\/td>\n<\/tr>\n
Accommodation is determined on a case-by-case basis, depending on the circumstances of a service provider<\/td>Uniform standards are strictly enforced<\/td>\n<\/tr>\n
There are no exceptions to the Code, but a service provider may argue undue hardship<\/td>There are major exceptions within UBAS \u2013 i.e. exception for additions and renovations under 600 square metres in area<\/td>\n<\/tr>\n
Complaint-based \u2013 law is only enforced if a complaint is filed<\/td>Proactive \u2013 legislation is enforced through building permit and inspection processes<\/td>\n<\/tr>\n
The Code has precedence over UBAS under section 44 of the Code. There may be a breach of the Code even where a building complies with narrower UBAS requirements.<\/td>Section 15 of UBAS states a permit issued in accordance with UBAS does not authorize the breach of any other law<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n[\/et_pb_text][et_pb_text admin_label=”NBC and UBAS” _builder_version=”4.3.3″]<\/p>\n
NBC and UBAS<\/h5>\n

The National Building Code (NBC) is a national model code published by the National Research Council of Canada. As a model code the NBC is unenforceable unless adopted through provincial legislation. In Saskatchewan UBAS became law in 1988. UBAS adopted the NBC as the basis for Saskatchewan\u2019s building and accessibility standards. The UBAS regulations contain some alterations to the NBC, but the majority of the NBC is adopted in UBAS.<\/p>\n

The NBC and UBAS establish minimum standards to ensure that buildings in Saskatchewan are accessible. UBAS sets out detailed accessibility requirements for the construction of new commercial buildings and major renovations or additions. These requirements are enforced through the building permit and inspection processes. By \u201cbuilding in accessibility\u201d when construction begins, UBAS makes many public buildings accessible in the most cost-efficient manner. However, UBAS has limited scope.<\/p>\n

The accessibility requirements of UBAS do not apply to renovations or additions to existing buildings if they are less than 600 square metres in area. The Commission considers this to be a problem. Recent complaints lead the Commission to believe that some buildings or additions are deliberately kept just under the 600 square metre cut-off, in order avoid the UBAS accessibility requirements. Given this \u201ctrend\u201d, the Commission believes it has an obligation to inform Saskatchewan residents about the Convention, Code requirements and the business case for accessibility.<\/p>\n

[\/et_pb_text][et_pb_text admin_label=”The Saskatchewan Human Rights Code” _builder_version=”4.3.3″]<\/p>\n

The Saskatchewan Human Rights Code<\/h5>\n

The provisions of the Code<\/em> take precedence over UBAS. Under the Code<\/em> any building open to the public must be accessible. Where discrimination is on the basis of disability, the Code<\/em> requires a service provider to take steps to accommodate<\/strong> the needs of people with disabilities unless those steps cause undue hardship<\/strong>. What constitutes undue hardship varies from case to case. Some factors the courts have considered to determine what constitutes undue hardship include:<\/p>\n