Common Municipal Governance Questions

• Voting Rights: The mayor or reeve has the right to vote on all resolutions during council meetings, unless otherwise restricted by legislation.

Signing Authority:

• Cheques and other negotiable instruments must be signed by the administrator and at least one other person designated by council.
  Council must pass a resolution to designate which member(s) of council or other individuals will share signing authority with the administrator.
  When the administrator is away, and subject to council approval, the administrator may delegate their cheque signing authority to another municipal employee.

In Camera Sessions:

• All council and committee meetings must be conducted in public.
  Under Section 120 of The Municipalities Act, councils or committees may close all or part of a meeting only for specific reasons such as:
  Long-range or strategic planning
  Topics exempt under The Local Authority Freedom of Information and Protection of Privacy Act
  Any decisions arising from a closed (in camera) session must be made in public and recorded by resolution.
  Closed meetings are permitted but not required — transparency should be the default whenever possible.

This section covers common questions about tax payments, utility enforcement, financial reporting, and tax arrears.

Partial Tax Payments (municipal vs. education portion)

Municipalities collect both the municipal and education portions of property taxes. Taxpayers cannot choose to pay only one portion - payment must be made in full as billed.

Unpaid Utility Bills & water service disconnection

Municipalities may discontinue water service if a utility bill remains unpaid, as part of their enforcement tools. Disconnection policies should be applied consistently and in line with local procedures.

Cheques & Signing Authority when the administrator is away

• All cheques and other negotiable instruments must be signed by the administrator and at least one other individual designated by council.

• Council designates signing authorities through a formal resolution.

• If the administrator is away, and with council approval, they may delegate cheque signing authority to another municipal employee.

publicizing Audited Financial Statements

Municipalities must:

• Publicize their audited financial statements (or a summary) by September 1 following the audited year, as per Section 185(3) of The Municipalities Act.

• Publicizing may include:

• Mailing copies (if council deems appropriate)
• Publishing a summary in a local newspaper
• Posting it in another accessible manner (e.g., website)

• The full audited statement must be available to the public upon request from the municipal office.

Content & Rules of the tax enforcement list

When pursuing tax enforcement:

• A Tax Enforcement List must be published to notify property owners and the public.

• This notice should include:

• The legal description of the land
• Title number(s)
• Amount of tax arrears and associated costs

• Publishing property owner names is not recommended, as it may violate The Local Authority Freedom of Information and Protection of Privacy Act.

• The ad must also state that if payment isn't made within 60 days, a tax lien will be registered against the property.

Is a municipality required to tender a construction project?

While tendering is always a best practice for transparency and fairness, municipalities are legally required to tender contracts under the New West Partnership Trade Agreement when:

• Purchases of goods or services are $75,000 or more, or
• Construction contracts are $200,000 or more.

All such tenders must be posted on the SaskTenders website: www.sasktenders.ca.

Does a municipality have a duty to maintain its roads in good condition?

Yes. Municipalities have a statutory duty to keep roads in a reasonable state of repair to ensure safe travel. The level of service is set by council based on road location and usage. Roads must be maintained so users can travel safely with ordinary care.

Building Permits & Code Enforcement

This section covers the roles, responsibilities, and enforcement powers municipalities have under the Uniform Building and Accessibility Standards (UBAS) Act.

Who is responsible for compliance?

The property owner is ultimately responsible for ensuring their building complies with the National Building Code, as defined in the UBAS Act.

Why is the municipality involved?

Municipalities are responsible for enforcing the building code because of the principle of “duty of care” — the legal expectation that local governments protect the safety of people who live, work, or travel in their area.

Why have a building bylaw?

A municipality must have an approved building bylaw to:

• Control construction within its boundaries
• Issue building permits
• Collect permit fees
• Conduct inspections
• Without a bylaw, the municipality cannot legally regulate building activity

Can bylaws become outdated?

Yes. Any building bylaw passed before June 6, 1988 (when the UBAS Act came into effect) should be updated.
All new or amended bylaws must be submitted to the province for ministerial approval.

Is approval difficult?

No, the process is straightforward:

• Submit two certified true copies of the adopted bylaw to the Building Standards and Licensing Branch.
• You may also submit drafts for feedback before final adoption.
• Processing time is typically about 30 days.

Can municipalities enforce against unsafe or dilapidated buildings?

Yes. Under the UBAS Act, building officials can issue formal orders to property owners to address buildings in a ruinous or dilapidated state.

 

Our lagoon is running out of space - what can we do?

Municipalities can require servicing agreements from subdivision applicants. These agreements help collect funds for infrastructure capital costs needed to support subdivisions and future growth - including lagoon expansion, water lines, and pump houses.

What is a servicing agreement and what does it do?

A servicing agreement is a legal contract between the municipality and a developer. It obligates the developer to install necessary infrastructure for the subdivision (roads, water, sewers, etc.). In return, the municipality assumes long-term responsibility for maintenance. This arrangement helps fund infrastructure without raising taxes.

What can be included in a servicing agreement?

• On-site infrastructure: roads, water lines, sewers, sidewalks, lighting
• Off-site fees: costs for upgrading facilities outside the subdivision like water reservoirs, sewage lagoons, roads, parks, and recreation spaces
• Municipal costs: planning, engineering, legal, and administrative fees related to the subdivision

Note: Servicing agreements cannot cover ongoing maintenance or operation costs.

How are off-site fees calculated?

Off-site fees reflect the municipality’s actual capital costs for services required due to new development. For example, if a new sewage lagoon is needed, the total upgrade cost is divided proportionally among existing and future development users. Developers pay fees based on the number of lots.

Funds collected must be kept in a dedicated reserve or trust account and used only for the specified infrastructure projects.

What about development levy agreements? How are they different?

• Servicing agreements apply when land is being subdivided.
• Development levy agreements are used when there is no subdivision but development still impacts municipal infrastructure.
• Development levies require the municipality to have an approved development levy bylaw.

Both are tools to recover development-related infrastructure costs, but apply in different circumstances.