Partie II - Lois des Premières nations promulguées

SQUAMISH NATION SENAKW CERTIFIED PROFESSIONAL BY-LAW 2022

This By-law was published and came into force on _______________________.

SQUAMISH NATION SENAKW CERTIFIED PROFESSIONAL BY-LAW 2022

WHEREAS the Band Council of the Squamish Indian Band deems it to be in the best interests of the Squamish Nation to enact a by-law governing the administration and enforcement of the British Columbia Building Code through a Certified Professional Program on Kitsilano Indian Reserve No. 6.

NOW THEREFORE the Band Council of the Squamish Indian Band at a duly convened meeting of the Band Council assembled on the 30th day of June, 2022, hereby enacts, pursuant to sections 81(g), 81(l), 81(h), 81(q) and 81(r) of the Indian Act, R.S.C. 1985, Chapter I-5, as a By-law the following:

Title 1.

This By-law may be cited as the “SQUAMISH NATION SENAKW CERTIFIED PROFESSIONAL BY-LAW “

Definitions 2. The following definitions apply in this By-law: (a) “Architect” means a person registered or licensed under the Architects Act as a member of the Architectural Institute of British Columbia;

(b) (c)

(d)

(e)

(f)

(g)

(h)

“Authority Having Jurisdiction” means Squamish Nation acting through its Council,; “Building Code” means the current edition of the British Columbia Building Code, including the current edition of the British Columbia Plumbing Code, the City of Vancouver Fire By-law and the elements of the Vancouver Building By-law pertaining to Vancouver Fire and Rescue Services provisions, all as amended or replaced from time to time;

“business day” means means any day other than a Saturday, Sunday, Indigenous Peoples Day (June 21), National Day for Truth and Reconciliation (September 30), or any statutory holiday in the Province of British Columbia;

“Certified Professional” means an Architect or Engineer who has been recognized as qualified as a Certified Professional by the Architectural Institute of British Columbia or the Association of Professional Engineers and Geoscientists of the Province of British Columbia;

“Designated Entity” means the Squamish Nation Department of Planning and Capital Projects, or another Squamish Nation department or agent designated by Council by Resolution;

“Engineer” means a person registered under the Engineers and Geoscientists Act as a professional engineer;

“Owner” means any person that is in lawful possession of land or improvements on the Reserve;

2

(i)

(j) (k)

(l)

(m)

(n)

“Permit” means a written document or approval issued by the Authority Having Jurisdiction or a Designated Entity pursuant to this By-law authorizing the construction or occupancy of a building by the Owner;

“Reserve” means Kitsilano Indian Reserve No. 6; “Resolution” means a motion, as recorded in the minutes of the meeting, passed and approved at a duly convened meeting of the Council pursuant to the consent of the majority of the councillors present at that meeting;

“Squamish Nation” means the Squamish Indian Band, a band as defined in the Indian Act R.S.C. 1985, Chapter I-5;

“Squamish Nation Certified Professional Program” means the optional and voluntary program for a building and occupancy permit process for the Reserve set out in the Squamish Nation Certified Professional Program Manual; and

Squamish Nation Certified Professional Program Manual” means the manual and all appendices, copies of which are set out in Schedule “A”, which set out the policy, procedure and requirements of the Squamish Nation Certified Professional Program, as amended from time to time.

Scope of By-law 3. This By-law applies to the Reserve. Building Code 4. The design, construction and substantial alteration of all buildings must comply with the provisions of the Building Code.

Designated Entity 5. A Designated Entity shall have the rights and powers to act on behalf of the Authority Having Jurisdiction, as specified in this By-Law, unless and to the extent revoked by the Authority Having Jurisdiction by a Resolution. For greater certainty, all of the rights and powers of a Designated Entity specified in this By-Law may be exercised by the Authority Having Jurisdiction.

Disqualification of Certified Professional 6. The Authority Having Jurisdiction may suspend or disqualify a Certified Professional from practising on the Reserve if that individual does not meet the requirements of the Certified Professional Program Manual or that individual:

(a)

(b)

if an architect, ceases to be a member of, or licenses by, the Architectural Institute of British Columbia or, if an engineer, ceases to be registered or licensed as a professional engineer under the provisions of the Engineers and Geoscientists Act;

fails, when required by the Authority Having Jurisdiction, to demonstrate a satisfactory familiarity with the provisions of the Building Code;

3

(c)

(d)

(e)

submits to the Authority Having Jurisdiction a certificate or letter of assurance which is in any material way inaccurate;

fails to disclose to the Authority having Jurisdiction any deviations from, or violations of the Building Code of which the Certified Professional is aware, on any project with which the Certified professional is connected; or

does or fails to do anything, whether as a Certified Professional or otherwise, with the intent of misleading or concealing something from the Authority Having Jurisdiction.

Application for Permit by Certified Professional 7. If an Owner wishes to have the Squamish Nation Certified Professional Program apply to the design and construction of a building, or portion thereof, that falls within the scope of Part 3 of the Building Code, a Certified Professional shall submit an application for that Permit to the Designated Entity that includes all requirements of the Squamish Nation Certified Professional Program Manual. If the Designated Entity issues a Permit, an Owner shall be bound by the Permit and shall comply with all the terms and provisions and perform all of the duties and obligations set out in or referred to in the Squamish Nation Certified Professional Program Manual.

Fees 8.

The Fees set out in Schedule “B” are payable by the Owner or applicant to the Authority Having Jurisdiction, care of the Designated Entity, at the time of an application for a Permit.

Permits 9. (1) A Permit may be issued by the Designated Entity on behalf of the Authority Having Jurisdiction if the application includes and satisfies all the requirements of the Squamish Nation Certified Professional Program Manual and this By-Law and issuance is recommended by the Certified Professional.

(2) If a Permit is not issued within five business days of recommendation for issuance by the Certified Professional under section 8(1), then at the request of the Owner, representatives of the Owner and the Designated Entity will meet within a further two business days with the Squamish Nation Chief Administrative Officer, or equivalent, to discuss any timing or other issues related to issuing a Permit.

Revocation of Permit 10. A Designated Entity may revoke a Permit issued under the Squamish Nation Certified Professional Program if :

(a)

(b) (c) (d)

the Owner has failed, after reasonable notice in writing to comply in a material respect with the requirements of the Program or Building Code;

if a Certified Professional is no longer retained by the Owner for that project; if a Certified Professional for that project ceases to be a Certified Professional; or if a Certified Professional fails to perform any of their duties or obligations as set out in the Squamish Nation Certified Professional Manual.

4

Responsibility of the Owner 11. Notwithstanding any other provision of this By-Law, neither the granting of a Permit by the Designated Entity, the approval of drawings or inspection made by the Designated Entity shall relieve the Owner from the obligation to carry out or have work carried out in accordance with the requirements of this By-Law and the Building Code and either the Authority Having Jurisdiction or the Designated Entity may enforce the provisions of this By-Law by the issuance of stop work orders, injunctions, prosecutions or by any other legal means available.

No Liability 12. Where the Designated Entity accepts a certificate of a Certified Professional, neither the Authority Having Jurisdiction nor any of is employees or the Designated Entity shall be liable for any loss, damage or expense caused by or contributed to because a building in respect of which a certificate is issued is unsafe or does not comply with the Building Code.

Schedules 13. The Schedules attached to this By-law form part of this By-law. Severability 14. If any provision of this By-law is found invalid, that provision is severable.

5

SCHEDULE “A” SQUAMISH NATION CERTIFIED PROFESSIONAL PROGRAM MANUAL [See Manual attached next page]

6

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

1.

2.

3.

Kitsilano Indian Reserve #6 - Seṅákw SUPPLEMENT TO THE PROVINCIAL CERTIFIED PROFESSIONAL MANUAL March 2022

Introduction: 1.1. General 1.2. Kitsilano Indian Reserve #6 Building Bylaw 1.3. Certified Professional Program

Kitsilano Indian Reserve #6 Certified Professional Program Requirements

2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10. 2.11. 2.12. 2.13. 2.14. 2.15. 2.16. 2.17.

General Application of the Certified Professional Program Building Permit Application Civic Address Construction Value Building Permit Fees Staged Building Permits Tenant and Landlord Improvements Departmental Reviews Energy Step Code Requirements Special Mechanical Systems Alternative Solutions Revision Permits Trade Permits Liability Insurance Building Inspections and Occupancy Final Design Drawings

Appendix Certified Professional Program Forms

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

1.

Introduction 1.1 General The Certified Professional (CP)Program is recognized as an optional and voluntary program for the building permit process in the Kitsilano Indian Reserve #6. To become a Certified Professional (CP), Registered Professionals must successfully complete the Certified Professional Course and pass its examinations as administered by Engineers and Geoscientists British Columbia and the Architectural Institute of British Columbia.

1.2 Kitsilano Reserve #6 Building Bylaw In 2022, Squamish Nation Council passed a Band Council resolution to use the Certified Professional Program for Kitsilano Indian Reserve #6 to facilitate the development of the Seṅákw project on the Reserve.

CPs have an obligation to the Squamish Nation to monitor and ascertain that projects are designed and built in accordance with the BC Building Code 2018. A CP may be disqualified from practicing on Kitsilano Indian Reserve #6 for not meeting requirements.

1.3 Certified Professional Program The Certified Professional Program for Kitsilano Indian Reserve #6 will follow the requirements outlined in the British Columbia Certified Professional Program, Practice and Procedure Manual. Refer to the resources in the link below:

https://www.egbc.ca/Practice‐Resources/Programs‐Resources/Certified‐ Professional‐Program

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

2.

Kitsilano Indian Reserve #6 Certified Professional Program Requirements 2.1 General In general, the Certified Professional Program for Kitsilano Indian Reserve #6 follows the procedures outlined in the British Columbia Certified Professional Program, Practice and Procedure Manual. This section outlines specific requirements and provides necessary information for CPs to practice on Kitsilano Indian Reserve #6.

2.2 Application of the CP Program The CP Program may be applied to the design and construction of any new Part 3 building that is proposed to be constructed as part of the Seṅákw project on Kitsilano Indian Reserve #6.

2.3 Building Permit Application The CP must submit the building permit application and all supporting documents. The submission requirements are as outlined in the Certified Professional Program Building Permit Application Checklist in the Appendix.

Once the permit package is complete and ready for submission, the CP can schedule a meeting with the Squamish Nation Planning and Capital Projects Department (SNPCP) to go over the particulars of the project and the submission.

2.4 Civic Address Prior to making a building permit application, the CP should confirm with the SNPCP Department that the correct civic address of the project is used. All Letters of Assurance and drawings are to be complete with the correct civic address noted thereon.

2.5 Construction Value The CP must obtain a construction value from the owner to be declared at the time of building permit application. The SNPCP Department may verify the declared construction value with a third-party valuation source prior to building permit issuance. The higher of the values will be used to determine the building permit fees (see also Section 2.7).

Construction Value means the greater of declared value of the work provided by the applicant or the value of the work calculated by SNPCP staff using accepted current costing guides such as the Altus Helyar Construction Cost Guide. In the event the applicant does not agree with the value determined by the SNPCP

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

Department, the applicant may, prior to payment of the fees and issuance of the Permit, retain a professional Quantity Surveyor to provide a written estimate of the value of the work, in which event “Construction Value” will mean the value of the work as estimated by the Quantity Surveyor.

2.6 Building Permit Fees The building permit application fees are required to be paid at the time of application. The balance of the permit fees will be calculated and forwarded after the final review has been completed.

2.7 Staged Building Permits A permit may be issued for a portion of a building, such as excavation and foundation to grade, before the documentation for the entire building has been accepted, provided sufficient information has been submitted by the CP to demonstrate to the Squamish Nation Planning and Capital Projects Department that the portion of the building accepted for construction substantially complies with the Building Code 2018, City of Vancouver Sewer and Water Utilities Bylaws and certain elements of the Vancouver Fire and Rescue Services standards relating to fire and life safety, approved project implementation plans, and other applicable standards that may be adopted from time to time.

2.8 Tenant or Landlord Improvements If a building has not yet been granted final occupancy, any tenant or landlord work and permits requires involvement of the CP. The CP must either take overall responsibility (CP-1) or review the improvement for compatibility with the base building (CP-3).

Prior to base building being granted occupancy, it is a requirement that the Registered Professionals for the tenant or landlord improvement to be the same as the ones used for the base building. However, a letter will be accepted from the base building Registered Professional of Record stating that they have discussed the proposed improvements with the improvement Registered Professionals of Record and that it is acceptable for the work to be done by the improvement RPR prior to the base building receiving occupancy.

2.9 Departmental Reviews In addition to the Building Permit review, separate reviews with other Squamish Nation departments or other agencies may occur during the building permit review process. The CP is the main point of contact with the Squamish Nation Planning and Capital Projects Department and is required to provide to the Squamish Nation departments the requested information and requirements from the various consultants.

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

2.10 Energy Step Code Requirements The Seṅákw project will be designed to meet the requirements of the 2018 BC Building Code including the BC Step Code requirements applicable at the time of building permit application.

2.11 Special Mechanical Systems The CP is required to ascertain that mechanically related fire emergency systems (such as commercial kitchen exhaust systems, dust collectors, paint spray booths) and fire suppression system drawings have been submitted to the Squamish Nation Planning and Capital Projects department for review.

2.12 Alternative Solutions Any Alternative Solutions to the requirements of the BC Building Code must be proposed in writing, preferably with the building permit application. The alternative solution must be reviewed and stamped by the CP and incorporated into the Building Code Report and Code Compliance Drawings, prior to submission to the Squamish Nation Planning and Capital Projects department.

2.13 Revision Permits Revisions must be submitted to reflect changes made to the approved building permit drawings. However, we do not require a separate permit application to be made for revisions. Revisions stay with the original building permit. The CP must review all applicable revision drawings and supporting documents to ascertain that the revisions substantially comply with the Building Code 2018, City of Vancouver Sewer and Water Utilities Bylaws, City of Vancouver Fire Bylaw and elements of the VBBL pertaining to Vancouver Fire and Rescue Services provisions, approved project implementation plans, and other applicable standards. All related drawings and documents submitted are required to bear the stamp of the CP. It is the responsibility of the CP to collect the drawings and supporting documents and amalgamate them into a complete building permit revision package to be submitted to the Squamish Nation Planning and Capital Projects Department.

2.14 Trade Permits Trade permits are required for mechanical/plumbing, and fire sprinkler works. The Squamish Nation does not issue trade permits for gas or electrical, which are reviewed by Technical Safety BC. Third party reviews and inspections will be required for mechanical, plumbing, and sprinkler systems. The CP shall confirm that these permits are in place prior to the contractor starting work and notify the building inspector if they are not.

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

2.15 Liability Insurance The CP must provide a copy of their certificate of liability insurance and must carry a minimum $1,000,000 per claim.

2.16 Building Inspections and Occupancy The CP is required to perform a minimum of monthly site reviews and submit a monthly report to the Squamish Nation Planning and Capital Projects Department.

The Squamish Nation Planning and Capital Projects department may make random site visits to review the status of the building relative to the CP’s site review reports. The CP should meet with the SNPCP Department representative upon request.

Prior to final occupancy, the CP is required to submit the Final Building Inspection Document List (see Appendix) to the Squamish Nation Planning and Capital Projects Department in a binder. Once all required documents are confirmed, the CP will coordinate with the Squamish Nation Planning and Capital Projects department on a final walkthrough.

The Certified Professional can recommend Final Occupancy and/or issuance of Occupancy Permit but cannot authorize occupancy of a building.

2.17 Final Design Drawings (Record Drawings) Final design drawings are not required to be submitted to the Squamish Nation Planning and Capital Projects Department if the CP verifies that the accepted building permit drawings were complete, and the final design substantially complies with the accepted building permit drawings.

If the final design does not substantially comply with the accepted building permit drawings, the CP shall not request a final inspection until revised drawings and a list of changes are submitted and accepted by the Squamish Nation Planning and Capital Projects department. Revised drawings shall be submitted for each discipline in which the changes are applicable. All revised drawings must comply with the conditions of the approved Implementation Plan for the project.

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

3.

Appendix Certified Professional Program Forms: ❖ Confirmation of Commitment by Owner and Certified Professional (Schedule CP−1)

❖ ❖ ❖ ❖ ❖ ❖ ❖

Confirmation of Completion of Code Coordination (Schedule CP−2) Confirmation of Tenant Improvement Compatibility (Schedule CP-3) Building Permit Application Checklist Building Permit Application Form Building Permit Inspection Checklist Implementation Plan Compliance Letter Project Directory

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

Confirmation of Commitment by “Owner” and “Certified Professional” Schedule CP-1

Notes:

To:

1. 2. 2. 3.

This letter is endorsed by the Architectural Institute of British Columbia and the Association of Professional Engineers and Geoscientists of the Province of British Columbia. The phrase “Building Code” where used in this letter means the 2018 edition of the British Columbia Building Code Words in italics are given the same meaning as defined in the British Columbia Building Code. Words in “quotations” are defined herein.

Authority having jurisdiction Sḵwx̱wú7mesh Úxwumixw (Squamish Nation) 320 Seymour Blvd, North Vancouver, BC V7L

Date :

Project Address Building or Legal Permit No. Description: In signing and submitting this document to the authority having jurisdiction the “owner” confirms that the owner has authorized the “Certified Professional (CP)”, to undertake “code coordination” and the undersigned “CP” confirms that the “CP” will undertake “code coordination” with respect to the above noted project for which a building permit is sought.

“Code coordination” includes the following tasks: 1. act on behalf of the owner as the owner’s representative in matters involving the authority having jurisdiction in relation to the building permit, related project construction and related occupancy;

2.

ascertain that the required registered professionals of record (RPR) for the project have been retained to provide design and field review in accordance with the “Building Code”;

3.

4.

5.

6.

obtain the necessary letters of Assurance of Professional Design and Commitment for Field Review from the registered professionals of record for the project and deliver the originals of same to the authority having jurisdiction when applying for the building permit for the project;

obtain the other necessary documents required to support the building permit application and deliver same to the authority having jurisdiction when applying for the building permit for the project;

apply for and obtain a building permit for the project in accordance with the process as described in the authority having jurisdiction’s Building By-law;

provide “design review” of the plans and supporting documents prepared by each of the registered professionals of record for the project;

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱ ̱

Certified Professional Program Kitsilano Indian Reserve #6 – Seṅákw

7.

8.

9.

10.

11. 12. 13.

14.

15.

16.

17.

18.

19.

“Code coordination” (cont’d): ascertain that the registered professionals of record have incorporated in their plans and supporting documents, the requirements of the “Building Code” Division A; Division B Parts 1 and 3; and Division C;

ascertain that the Division A; Division B, Parts 1 and 3; and Division C “Building Code” requirements governing the project are compatible between the plans and supporting documents prepared by each registered professional of record;

provide “site review” of the components of the plans and supporting documents prepared by each of the registered professionals of record for the project;

keep records of all “site reviews” by the “CP” and of any corrective action required and taken as a result of these “site reviews”. Discrepancies noted during “site reviews” must be tracked and the resolution of these discrepancies noted such that a list of significant known unresolved discrepancies can be provided at the request of the authority having jurisdiction;

“monitor field review activities” of the registered professionals of record; monitor and report on significant events and changes in the project; submit a monthly summary progress report to the authority having jurisdiction during construction of the project;

consult with the authority having jurisdiction if any unresolved variances in interpretation of the “Building Code” arise between the “CP” and the registered professionals of record;

consult with the authority having jurisdiction if any unresolved issues with respect to the “Building Code” arise between the “CP” and the contractor.

review relevant shop drawings with respect to the requirements of Division A, Division B, Parts 1 and 3 and Division C of the “Building Code”;

notify the authority having jurisdiction in a timely manner of any significant known, unresolved contraventions of the “Building Code” or building permit requirements;

obtain the necessary letters of Assurance of Professional Field Review and Compliance from the registered professionals of record or the project and deliver the originals of same to the authority having jurisdiction when applying for occupancy for the project;

obtain the other necessary documents required to support the occupancy application and deliver same to the authority having jurisdiction when applying for occupancy for the project;

PLANNING AND CAPITAL PROJECTS Sḵwx̱wú7mesh Úxwumixw Squamish Nation 320 Seymour Blvd, North Vancouver, BC V7L 604-904-7474 permits@senakw.ca Senakw CP Manual 03102022 ̱