Case Law

Case Law Complete Download (7.91mb) ***

Download as Appendix:

  1. Ingles v Tutkaluk (Negligence - duty of Care - Municipality) - Ingles v. Tutkaluk ***
  2. Kamloops v. Neilson 1984 (Negligence - Municipality) - Kamloops v. Nielsen ***
  3. Rothfield v. Manolakas (Negligence - Municipality - Duty of Care) - Rothfield v. Manolakos ***
  4. Bird Construction vs. City of Winnipeg ***

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  1. What is a building permit?
  2. When do I need a building permit?
  3. Why should I obtain a building permit?
  4. How can I obtain a building permit?
  5. How can I learn more about building codes?

What is a building permit?

A building permit gives you legal permission to start construction of a building project in accordance with approved drawings and specifications. Building permits are very beneficial to you and your community. By working with an expert code official, you will benefit from their knowledge of the building codes to ensure your construction project is built right, will be safe and will last. Safe construction practices help protect you, your family, your friends and your investment. Be sure to get your local code official involved with your project, because the building department is on your side.

When do I need a building permit?

The best way to find out if you need a permit is to call your local building department. The staff is there to serve the public by providing information about safety and understanding of your local building codes. Be sure to discuss your plans with the code official before you begin construction to determine whether you need a permit. If a permit is not needed, the code official will answer your construction questions and provide valuable advice. Permits are usually required for the following:

  • New Buildings
  • Additions (bedrooms, bathrooms, family rooms, etc.)
  • Residental work (decks, garages, fences, fireplaces, pools, water heaters, etc.)
  • Renovations (garage conversions, basement furnishings, kitchen expansions, re-roofing, etc.)
  • Electrical Systems
  • Plumbing Systems
  • HVAC (heating, ventilating and air-conditioning) systems

Why should I obtain a building permit?

Increased Value - Your home or business is an investment. If your construction project does not comply with the codes adopted by your community, the value of your investment could be reduced. Property insurers may not cover work done without permits and inspections. If you decide to sell a home or building that has had modifications without a permit, you may be required to tear down the addition, leave it unoccupied or do costly repairs.

Protects - A property owner who can show that code requirements were strictly and consistently met, as demonstrated by a code official's carefully maintained records, has a strong ally if something happens to trigger a potentially destructive lawsuit.

Ensures Safety - Your permit also allows the code official to protect the public by reducing the potential hazards of unsafe construction and ensuring public health, safety and welfare. By following code guidelines, your completed project will meet minimum standards of safety and will be less likely to cause injury to you, your family, your friends or future owners.

How can I obtain a building permit?

  1. Talk to Your Local Building Code Official
    Your code official wants your project to be a success and will help you avoid potential problems that could cost you time and money. You will be asked some basic questions (What are you planning to do? Where?), advised of any requirements and, if necessary, referred to other departments for their approval. The code official will provide you with the resources and information needed for compliance with the applicable building codes. You will then receive an application for a building permit.
  2. Submit Application
    At this stage you will document the "Who, What, When, Where and How" of the job, along with any sketches or plans of the proposed work. Normally, separate permits are required for electrical, plumbing, and heating or air-conditioning work. In a brief amount of time, the code official will review your plans and determine if your project is in compliance with local requirements. If your plans meet these requirements, a permit is issued. If not, the code official may suggest solutions to help correct the problem.
  3. Receive Permit
    Now that you have been approved for a permit, you have legal permission to start construction. A fee, based on the size of the job, is collected to cover the cost of the application, the review and the inspection process. An experienced code official is available to you should you have any questions concerning your project. You should consider your code official as an ally who will help you make your project a success.
  4. Job-site Visits
    On-site inspections will be required to make certain the work conforms to the permit, local codes and plans. Again, you will have access to the expertise of the code official to help you with questions or concerns regarding the project and to ward off potentially costly mistakes. The code official will let you know approximately how many inspections may be needed for your project. Usually, a one- or two-day notice is needed when requesting visits.
  5. Receive Final Approval
    The code official will provide documentation when construction is complete and code compliance is determined. You will then have the personal satisfaction of a job done right. Enjoy your new surroundings with the peace of mind and the knowledge that they meet the safety standards in your community.
      i. Talk to Your Local Building Code Official
      ii. Submit Application
      iii. Receive Permit
      iv. Job-site Visits
      v. Receive Final Approval

How can I learn more about building codes?

This Web site can keep you up to date on the latest construction news and will offer many tips for how you can make your home as safe as possible.

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Other Links

Alliance of Canadian Building Officials Association - ACBOA
Association of Manitoba Municipalities - AMM
Association of Professional Engineers and Geoscientists of Manitoba - APEGM
Office of the Fire Commissioner - OFC
Manitoba Association of Architects - MAA
National Fire Protection Association - NFPA
Underwriters Laboratories of Canada - ULC
CSA International
Modular Housing Association Prairie Provinces -  MHAPP
Canadian Construction Materials Centre - CCMC

Provincial Associations:

ABOA - Alberta Building Officials Association
BOABC - Building Officials Association of B.C.
NSBOA - Nova Scotia Building Officials Association
NBBOA - New Brunswick Building Officials Association
OBOA - Ontario Building Officials Association
SBOA - Saskatchewan Building Officials Association

National Building Codes - NRC Publications

National Building Code of Canada: 2015
National Plumbing Code of Canada: 2015
National Fire Code of Canada: 2015
National Energy Code of Canada for Buildings: 2015
National Building Code of Canada: 2010
National Plumbing Code of Canada: 2010
National Fire Code of Canada: 2010
National Energy Code of Canada for Buildings: 2011

Manitoba Laws

Consolidated Regulations of Manitoba (  

Canadian building code and fire code education and resources

Kilo Lima Code Community  

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