What happens if a bylaw section is found invalid?

The invalid section is removed or treated as unenforceable, and the severability clause preserves the rest of the bylaw where possible.

Can a resident appeal a ticket related to a severed provision?

Yes; appeal routes depend on the bylaw and provincial procedures—consult the ticket or the City of Regina enforcement page for steps and deadlines.

Where can I read the exact severability language?

Look at the consolidated text of the specific City of Regina bylaw; the city’s bylaw repository lists current bylaws and their wording.

Severability Clauses in Regina Bylaws

General Governance and Administration Saskatchewan 3 Minutes Read · published May 24, 2026

· By Daniel Roy

In Regina, Saskatchewan, severability clauses appear in municipal bylaws to protect the remainder of an ordinance if one provision is declared invalid. These clauses mean that a court decision striking down a part of a bylaw will not necessarily void the whole bylaw; the city and affected parties can usually rely on the surviving provisions while seeking corrections or amendments.

A severability clause helps keep lawful parts of a bylaw in effect when one piece is invalidated by a court.

What a severability clause does

A severability clause typically states that if any section, subsection, phrase, or provision of a bylaw is found to be ultra vires, void, or unenforceable, the remaining provisions continue in force. The precise wording and legal effect vary between individual bylaws adopted by the City of Regina; check the specific bylaw text for exact language City of Regina bylaws^[1].

Penalties & Enforcement

Severability clauses themselves do not prescribe penalties; they operate to preserve enforceable provisions. Specific fines, continuing offence penalties, and enforcement powers are set out in each bylaw or the provincial enabling legislation. Where a bylaw includes monetary penalties or orders, those amounts and procedures appear in the specific bylaw text or the city’s enforcement pages; if a specific fine for severability is sought, it is not specified on the cited page City of Regina bylaws^[1].

Fines: not specified on the cited page; check the individual bylaw for amounts and schedules.
Escalation: first, repeat, and continuing offence treatment is determined by the enforcement sections of each bylaw and by provincial procedure; not specified on the cited page.
Enforcer: City of Regina Bylaw Enforcement and delegated officers handle compliance and tickets; contact details are on the city site Bylaw Enforcement^[2].
Inspection and complaints: complaints are typically submitted to Bylaw Enforcement or the relevant department via the city website; follow the department’s intake instructions.
Appeals/review: procedures and time limits for contesting tickets or orders are set out in the applicable bylaw or provincial process; specific time limits are not specified on the cited page and must be checked in the bylaw text or enforcement notice.
Defences/discretion: common defences include reasonable excuse, compliance plans, permits or variances where the bylaw or permitting regime allows; availability depends on the bylaw language.

If a bylaw provision is struck down, enforcement typically continues under parts of the bylaw that remain valid.

Applications & Forms

There is normally no separate form to invoke a severability clause; it operates automatically by law when a court rules on validity. For enforcement actions, ticket payment, appeals, or permit/variance requests consult the City of Regina enforcement and permits pages for forms and procedures Bylaw Enforcement^[2].

Common violations tied to clauses and outcomes

Zoning and land-use conflicts: may trigger declarations of invalidity for specific provisions while leaving other zoning rules intact.
Signage and licensing rules: individual provisions can be severed without nullifying the entire licensing regime.
Parking and traffic bylaws: contested sections may be severed but penalties for remaining offences typically remain enforceable.
Noise and public nuisance provisions: courts may sever an overbroad clause while upholding narrower, well-defined prohibitions.

FAQ

What happens if a bylaw section is found invalid?: The invalid section is removed or treated as unenforceable, and the severability clause preserves the rest of the bylaw where possible.
Can a resident appeal a ticket related to a severed provision?: Yes; appeal routes depend on the bylaw and provincial procedures—consult the ticket or the City of Regina enforcement page for steps and deadlines.
Where can I read the exact severability language?: Look at the consolidated text of the specific City of Regina bylaw; the city’s bylaw repository lists current bylaws and their wording City of Regina bylaws^[1].

Check the exact bylaw text early when planning compliance or appeals.

How-To

Identify the specific bylaw and section in question by searching the City of Regina bylaws repository.
Gather evidence and the enforcement notice or ticket; note dates and officer details.
Contact City of Regina Bylaw Enforcement to request clarification or to file an appeal as directed on the notice Bylaw Enforcement^[2].
If needed, seek legal advice and consider judicial review or court processes; provincial enabling legislation (Cities Act) frames municipal authority Cities Act^[3].

Start appeals promptly—procedural deadlines are often short.

Key Takeaways

Severability clauses protect the remainder of a bylaw when part is invalidated.
Always consult the specific bylaw text and the City of Regina enforcement pages for exact procedures and amounts.