Open May 2009 - Ontario Association of Architects

Transcription

OAA COUNCIL MEETINGS
RULES AND PROCEDURES
Meetings of the Council of the Ontario Association of Architects (OAA) are conducted in
accordance with Roberts Rules of Order which is included in the Councillor Orientation Binder,
unless stipulated otherwise with the by-laws or as otherwise approved by OAA Council – see
below.
Rules and Procedures for Discussion/Debate/Motions within
Council Meetings
1) The maximum time for a speech in debate on a motion is two minutes.
2) The Chair shall keep a speakers’ list of those wishing to speak to a motion; and
a) the speakers’ list shall be built in the order that the Chair notes a member’s
intention to speak; and
b) any member having not spoken to a motion shall be given preference on the
speakers’ list over any member who has already spoken to the motion.
3) An original main motion may only be introduced at a meeting if it has been added
under New Business to the agenda approved for that meeting.
4) An item For Information Only which no Council member indicates will be the
subject of a question or an original main motion is considered to be dispensed
upon approval of the agenda for that meeting.
5) The meeting will move to a period of informal discussion immediately after a new
item has been presented and any questions on the item have been put and
answered, but before an original main motion on the item is introduced; and
a) a period of informal discussion is defined as the opportunity to discuss an item
without there being a motion on the floor; and
b) the Chair of the meeting when the item is introduced continues as the Chair
during the period of informal discussion unless he or she chooses to relinquish the
Chair; and
c) in a period of informal discussion the regular rules of debate are suspended;
and
d) a period of informal discussion ceases when the Chair notes that no additional
members wish to speak to the item or when an incidental motion to return to the
regular rules of debate passes with a majority; and
e) immediately upon leaving a period of informal discussion, the presenter of the
item may move an original main motion on the item and the formal rules of debate
resume; and
f) if the presenter of the item moves no motion on the item then the item is
considered dispensed unless an indication to introduce additional original main
motions on the item is on the agenda, in which case each of these motions is
presented in turn and debated as per the rules of formal debate.
OAA Council Open Meeting #186
March 5, 2009
Summary of Motions
6264. It was moved by Mintz and seconded by Birdsell that the agenda be approved as
amended.
-- CARRIED UNANIMOUSLY
6265. It was moved by Mintz and seconded by Chlebowski that the minutes of the January
22, 2009 Open Council meeting be approved as circulated.
6267. It was moved by Fiett and seconded by Gabor that the five strategic objectives
established at the February planning session and the proposed implementation strategy
be approved as circulated.
-- CARRIED (1 abstention)
6268. It was moved by Popovic and seconded by Gabor that the March 5, 2009 Open
Council meeting be moved In-Camera.
6268. It was moved by O’Reilly and seconded by Craddock that Council accept the 2008
audited financial statements as circulated.
6269. It was moved by Farrow and seconded by Popovic that Council approve making a
presentation to the Passport to Prosperity Steering Committee
6270. It was moved by Newman and seconded by Green that the issue of development of
a document designed to inform the public about engaging an architect for a house project,
including implementation of a strategy to best communicate the availability of such a
document be referred to Practice Committee.
6271. It was moved by Sharp and seconded by Hastings that Council approve the
proposed budget allocation of $20,330 as noted in the memorandum to Council from the
Committee on the Future of the Profession/Interns dated March 3, 2009 as well as the
increase in the Committee complement to 8 from 4 Interns.
6272. It was moved by O’Reilly and seconded by Craddock that Council approve adopting
and advocating the 2030 Challenge.
6274. It was moved by Sharp and seconded by O’Reilly that Council approve to support
the OAAAS Board of Directors’ motion to host a reception for technologists working at
Toronto-area architectural firms during the OAA Conference 2009 with financial support to
a maximum of $2,500 being shared ($1,250 each) by the Founders, OAA and OACETT.
6275. It was moved by Gabor and seconded by Popovic that Council approve notifying
architectural firms of the availability of students and/or Interns for work experience for
summer 2009. Councillor Gabor to draft a memorandum for consideration and approval
by Executive Committee.
-- CARRIED (3 abstentions)
6276. It was moved by Newman and seconded by Birdsell that a Finance Committee be
created with the SVP and Treasurer as Chair and up to 4 additional members appointed by
Council from time to time for the purpose of assisting the activities of the SVP and
Treasurer.
-- DEFEATED (5 in favour, 5 opposed)
6291. It was moved by Farrow and seconded by Gabor that the meeting be adjourned at
3:25 p.m.
--CARRIED (1 abstention)
ONTARIO ASSOCIATION OF ARCHITECTS
Council Meeting of May 6, 2009 at approx. 10:00 a.m.
Meeting # 187
OPEN MEETING AGENDA
1.0
AGENDA APPROVAL
2.0
APPROVAL OF MINUTES
2.1
Draft minutes of the March 5, 2009 Open Council Meeting (see attached)
2.2
Draft minutes of the April 7, 2009 Open Council Meeting (see attached)
3.0
BUSINESS ARISING FROM THE MINUTES
4.0
ITEMS FOR REVIEW AND APPROVAL
4.1
Pro-Demnity Insurance Company – Annual Meeting of the Shareholder (see
attached)
4.2
Ontario Association for Applied Architectural Science (OAAAS) Motions re.
Annual Meeting of the Founders (see attached)
Appointments to the Board of Directors
Founders Motions
Financial Update
SVP and Treasurer
Immediate Past
President
4.3
National Review of Canadian Education Standard (CES) (see attached)
Director of Policy
4.4
Ontario Building Officials Association (OBOA) – Self-Management Proposal (see
attached)
Director of Policy
4.5
Canadian Architectural Certification Board (CACB) and Accreditation of Ryerson
University (see attached)
Director of Policy
4.6
Funding Request – McLaren Gallery Architectural Exhibit, Barrie, Ontario (TBD)
Immediate Past
President
5.0
EXECUTVE COMMITTEE REPORTS
5.1
Report from the President
5.1.a Activities for month of March/April (see attached)
5.1.b Fees and Services Task Group (see attached)
Review of Royal Architectural Institute of Canada (RAIC) Draft Fee
Guideline
5.2
Report from the Senior Vice President and Treasurer
5.2.a Financial Statements for four months ended March 31, 2009 (see
attached)
5.3
Report from Immediate Past President
5.3.a Committee for the Examination for Architects in Canada (CExAC) –
Update (see attached)
5.3.b National: Update re. International Relations Committee (see attached)
5.4
Report from Vice President Strategic
5.4.a Committee on the Future of the Profession/Interns (see attached)
Committee Appointments
President
SVP and Treasurer
Immediate Past
President
Vice President Popovic
Councillor Sharp
Open Council Agenda
5.4.b Report from the OAA Structure Committee (oral)
5.4.c Correspondence to Ministry of Education re. Meeting on Capital Standards
(see attached)
5.5
5.6
5.7
6.0
Report from Vice President Communications
5.5.a Report from the Communications Committee (see attached)
5.5.b Sustainable Built Environments Committee – Update/Report (see
attached)
Councillor Gabor
Vice President Popovic
Vice President Fiett
Immediate Past
President
Vice President Cooke
Report from Vice President Regulatory Activities
5.6.a Report from the Registrar (see attached)
Registrar
Report from Vice President Practice
5.7.a Report from Vice President Practice (see attached)
5.7.b Strategic Opportunities Committee – Standard Supplementary Conditions
for Consultant Agreement (see attached)
5.7.c OAA/PEO Joint Liaison Committee – Update (oral)
5.7.d Sub-Committee on Building Codes and Regulations (SCOBCAR) Proposed Revision to the National Building Code (NBC) and National Fire Code
(NFC) (see attached)
ITEMS FOR DISCUSSION
Vice President
Craddock
Director of Policy
Director of Policy
Vice President
Craddock
Registrar
6.1
Correspondence from the Ministry of Training, Colleges and Universities
(MTCU) re. Agreement on Internal Trade (see attached)
7.0
ITEMS FOR INFORMATION
7.1
Building Advisory Council (BAC) – Report from March 24, 2009 Meeting (see
attached)
Director of Policy
7.2
Sales Tax Harmonization (see attached)
SVP & Treasurer
7.3
Society Updates (see attached)
7.4
Articles from Publications (see attached)
8.0
OTHER BUSINESS
9.0
DATE OF NEXT MEETING
9.1
The next regular meeting of Council is Thursday June 25 at 9:30 a.m. at the OAA Headquarters,
Toronto, Ontario.
10.0
ADJOURNMENT
Society Liaisons
th
2.1
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 2.1
Ontario Association of Architects
Meeting #186 Open
MINUTES
March 5, 2009
The one hundred and eighty sixth meeting of the Council of the Ontario Association of Architects, held
under the Architects Act, took place on Thursday March 5, 2009 at the OAA Headquarters, Toronto,
Ontario.
Present:
Regrets:
Gerrie Doyle
David Craddock
James Farrow
Pawel Fiett
Sean O’Reilly
Vladimir Popovic
J. William Birdsell
Jane Burgess
Jerry Chlebowski
Peter Gabor
Brad Green
Paul Hastings
Elaine Mintz
Rob Newman
Sheena Sharp
Andre Sherman
Thomas Thoma
Michael Visser
Kristi Doyle
Gordon Masters
Hillel Roebuck
Marcia Cooper
Marilyn Regendanz
Tina Carfa
President
Vice President Practice
Senior Vice President and Treasurer
Vice President Communications
Immediate Past President
Vice President Strategy
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor (part attendance)
Lieutenant Governor in Council Appointee
Director of Policy
Director of Operations
Registrar
Communications Specialist
Manager, Finance and Administration
(part attendance)
Executive Assistant, Executive Services
Louis Cooke
Kevin Robinson
Vice President, Regulatory Activities
The President called the meeting to order at 1:45 p.m.
AGENDA APPROVAL
6264.
The Chair noted that the following items would be added to the agenda:
8.1
8.2
8.3
Ontario Association for Applied Architectural Sciences (OAAAS) Reception Proposal
Discussion re. Assistance to Interns (oral)
Motion to add a Finance Committee (oral)
It was noted by the Vice President Practice that he wished to speak to the item under 7.4 Royal
Architectural Institute of Canada (RAIC) Council Update.
The President indicated that Executive Committee Reports would be moved to the end of the meeting
unless a motion is required from Council.
It was moved by Mintz and seconded by Birdsell that the agenda be approved as amended.
Open Council Minutes
March 5, 2009
Page 2 of 9
APPROVAL OF MINUTES
6265.
Reference Material Reviewed: Draft Minutes of the January 22, 2009 Open Council Meeting.
The minutes from the January 22, 2009 Open Council Meeting were reviewed by Council.
It was moved by Mintz and seconded by Chlebowski that the minutes of the January 22, 2009
Open Council meeting be approved as circulated.
BUSINESS ARISING FROM THE MINUTES
6266.
There was no business arising from the minutes.
ITEMS FOR REVIEW AND APPROVAL
6267. Reference Material Reviewed: Memorandum from President, Gerrie Doyle dated February 24,
2009 re. 2009 Strategic Planning Session and attached background information. (APPENDIX ‘A’)
Councillor Peter Gabor volunteered to continue to participate on the Fees and Services Task Group.
It was agreed by Council that formal approval of the final list of Councillor appointments would be made at
the next meeting of Council.
It was moved by Fiett and seconded by Gabor that the five strategic objectives established at the
February planning session and the proposed implementation strategy be approved as circulated.
6268. Reference Material Reviewed: Memorandum from Senior Vice President and Treasurer, James
Farrow dated February 25, 2009 re. Audited 2008 Financial Statements. (APPENDIX ‘B’)
The Senior Vice President and Treasurer reported that the books are balanced for 2008 partly attributable
to the fact that there was additional revenue to cover off the additional expenses incurred during the past
year.
A member of Council noted on page 13 of the financial statements that the name “CCAC” should be
replaced with “CACB”.
A Council member requested clarification with respect to the increase in spending on committees and
task groups over the previous year.
The Senior Vice President and Treasurer responded that Special Projects added $100,000 to the amount
spent on Committees and Task Groups; specifically, the Communication Framework study and final
report cost $75,000 and the ExAC development was $80,000 over budget due to a change in accounting
standards, i.e.: expenses must be expensed in the year they occur.
A member of Council enquired as to the reason for a 50% increase in costs attributed to the Ontario
Association for Applied Architectural Sciences (OAAAS).
It was noted by a member of Council that the year prior, the OAAAS Executive Director’s salary was paid
for only part of the year since the position was vacant for a number of months. This explains the increase
by 50% last year from the previous year. The business plan was also extended and the advanced
March 5, 2009
Page 3 of 9
standing issue delayed the timeline outlined in the original plan. It is expected that OAAAS will breakeven
in three years time.
Masters reminded that last year, Council approved OAAAS Executive Director, Garry Neil’s proposal to
hire a part-time staff person to assist in the OAAAS recruitment.
A Council member indicated that listed are expenses which do not include revenue to offset the bottom
line.
A member of Council referred to the OAA’s current mortgage rate of 7% on page 3, enquiring as to
whether there have been any discussions with respect to lowering the rate to the current rates in the
market.
The Senior Vice President and Treasurer responded that the issue was discussed at the Pro-Demnity
Insurance Company (ProDem) Board meeting, adding that the OAA members on the Board would not be
permitted to vote on such an issue as it would be deemed a conflict of interest. The Board voted against
changing the current mortgage rate.
It was suggested by a member of Council that the OAA consider seeking alternate mortgage
arrangements in the market.
It was moved by Popovic and seconded by Gabor that the March 5, 2009 Open Council meeting be
moved In-Camera.
The meeting moved to In-Camera for further discussion.
The meeting returned to the Open portion.
The Senior Vice President and Treasurer reported that there was a noted increase in expenses for areas
such as Council travel, meals, Practice Committee, Communications Committee, OAA Building
Committee, and the Committee on the Future of the Profession/Interns.
It was moved by O’Reilly and seconded by Craddock that Council accept the 2008 audited
financial statements as circulated.
6269. Reference Material Reviewed: Memorandum from Director of Policy, Kristi Doyle dated February
24, 2009 re. The Learning Partnership – Passport to Prosperity and attached background information.
(APPENDIX ‘C’)
K. Doyle reported that the OAA has been providing information on the Passport to Prosperity initative on
its Web site to OAA members and practices. The Learning Partnership has extended an invitation for
representation from the OAA to meet with the Steering Committee to discuss the OAA Education
Resource Guide (ERG) and architecture as a career in general.
A Council member indicated that a member who is well versed in education and architecture would be a
good choice to meet with the panel of educators.
It was suggested by K. Doyle that the representative could be a member of Council as it would be an
official presentation on behalf of the OAA.
A member of Council indicated that this type of information program has been around in the southwestern
Ontario region and is not a new initiative.
March 5, 2009
Page 4 of 9
K. Doyle noted that it is a Greater Toronto Area (GTA) initiative funded by the government and the OAA
was approached on the matter, adding that there may be other regions in the province carrying out a
similar program to this one.
Roebuck enquired as to the status of the education kit.
K. Doyle responded that the Kit has been discontinued and had been replaced with the Education
Resource Guide a number of years ago.
It was moved by Farrow and seconded by Popovic that Council approve making a presentation to
the Passport to Prosperity Steering Committee
6270. Reference Material Reviewed: Memorandum from Vice President Regulatory Activities, Louis
Cooke dated February 20, 2009 re. The development of an information document that is designed
specifically for members of the public who are considering engaging an architect for a house project.
(APPENDIX ‘D’)
K. Doyle reported that this issue was presented to Council in the fall of 2008. The purpose of this report
is to reiterate the Complaints Committee’s concerns and to have the Practice Committee speed up the
process.
It was noted by the Vice President Practice that the issue is tabled for next week’s Practice Committee
meeting agenda.
A Council member suggested that there is a need to establish a program to promote architecture and the
importance of engaging and architect.
The President responded that there is an interview scheduled for next week with Casa Guru to explain
the reasons why it is important to engage an architect.
A member of Council expressed his continued concern that Document 600 is inappropriate and overly
long, adding that many clients are unwilling to even review it. There should be some consideration to
review the AIA documents and revisit that issue.
It was moved by Newman and seconded by Green that the issue of development of a document
designed to inform the public about engaging an architect for a house project, including
implementation of a strategy to best communicate the availability of such a document be referred
to Practice Committee.
It was noted by the President that as per the amended agenda issues requiring review and approval and
item 7.4 Royal Architectural Institute of Canada (RAIC) Council Update would be tabled next in the
meeting.
6271. Reference Material Reviewed: Memorandum from the Committee on the Future of the
Profession/Interns dated March 3, 2009 re. Committee on the Future of the Profession/Interns and
attached background information. (APPENDIX ‘E’)
The Chair of the Committee on the Future of the Profession/Interns reported on the specific projects
underway by the Committee including a request for budget resources.
It was moved by Sharp and seconded by Hastings that Council approve the proposed budget
allocation of $20,330 as noted in the memorandum to Council from the Committee on the Future of
March 5, 2009
Page 5 of 9
the Profession/Interns dated March 3, 2009 as well as the increase in the Committee complement
to 8 from 4 Interns.
6272. Reference Material Reviewed:
Memorandum from the Sustainable Built Environments
Committee (SBEC) dated March 2, 2009 re. Update of Committee Acitivities – OAA Sustainable Built
Environments Committee; Memorandum from the SBEC dated March 2, 2009 re. The 2030 Challenge.
(APPENDIX ‘F’)
The Immediate Past President and Chair of the Committee suggested that the information was self
explanatory. The SBEC would like to adopt the 2030 Challenge and have requested Council’s
consideration.
It was moved by O’Reilly and seconded by Craddock that Council approve adopting and
advocating the 2030 Challenge.
6273. Reference Material Reviewed: Memorandum from Vice President Practice, David Craddock
dated February 24, 2009 re. Royal Architectural Institute of Canada (RAIC) Board Meeting #2009-1
Synopsis. (APPENDIX ‘G’)
The Vice President Practice reported on the RAIC Board meeting. The BC government is moving towards
amalgamating the design disciplines, each with a reserved scope of practice. There was concern
expressed by the architects in BC that competition will increase due to the economic downturn.
It was noted by the Vice President Practice that Newfoundland is also experiencing a similar situation with
the introduction of a new Act. The Newfoundland Association of Architects (NAA) has been split in that a
Registration Board responsible to the government strictly handles licensing and registration and
complaints/discipline run by the Registrar with the elimination of member services. This will be lead by
the NAA.
The report was noted for information.
Sherman left the meeting at 2:40p.m.
OTHER BUSINESS
6274. Reference Material Reviewed: Memorandum from OAA Representative to OAAAS Board of
Directors, Sheena Sharp dated March 3, 2009 re. Proposal for OAAAS Reception at OAA Conference
2009. (APPENDIX ‘H’)
The OAA representative and Councillor reported that the OAAAS had considered arranging a reception
for the benefit of the architectural technologists during the OAA Conference. It is expected that there
would be a greater turnout at the reception since the Conference is held in Toronto this year.
It was recommended by the Councillor that advertising for the reception be included in Conference
material and via e-bulletin, adding that it will be held at the same time as the alumni events.
The President indicated that the Conference budget would be unable to fund the reception but that it
would be derived from the OAAAS budget line with the anticipation that it would be offset by an increase
in membership.
It was moved by Sharp and seconded by O’Reilly that Council approve to support the OAAAS
Board of Directors’ motion to host a reception for technologists working at Toronto-area
March 5, 2009
Page 6 of 9
architectural firms during the OAA Conference 2009 with financial support to a maximum of
$2,500 being shared ($1,250 each) by the Founders, OAA and OACETT.
6275.
Discussion re. Assistance to Interns (oral)
A member of Council reported that s/he has held discussions with students over the past four months,
noting concern over a potential loss of future architects as similarly occurred back in 1991.
It was suggested by the Councillor that Certificate of Practice holders be surveyed to gauge their interest
to make volunteer positions available for students to gain experience. On a recent visit to Washington
s/he noted that there were noticeable efforts made to place students in firms or related fields.
A member of Council suggested that the Councillor draft a document for inclusion in the next e-bulletin as
well as a letter.
It was suggested by a member of Council that the student would be directed in the notice to contact the
student placement department at their respective school.
Concern was expressed by a Council member that volunteering has the potential to create a loss of jobs
for paid employees at a firm, including those for intern architects trying to gain their experience.
A Council member suggested investigating the possibility of government programs to assist in the
placement process.
It was moved by Gabor and seconded by Popovic that Council approve notifying architectural
firms of the availability of students and/or Interns for work experience for summer 2009.
Councillor Gabor to draft a memorandum for consideration and approval by Executive Committee.
-- CARRIED (3 abstentions)
6276.
Motion to add a Finance Committee (oral)
A Council member reported that the purpose of the Finance Committee would be to take a more active
role in the financial aspect of the OAA’s operations.
A member of Council enquired as to whether the previous two Senior Vice Presidents and Treasurers felt
that it would be of benefit to have a Finance Committee available to assist.
It was suggested by both prior Senior Vice Presidents and Treasurers that they felt that it was not
necessary to have such a committee. The Manager, Finance and Administration is a significant and
valuable resource as well as the various committees where feedback is sourced from.
It was moved by Newman and seconded by Birdsell that a Finance Committee be created with the
SVP and Treasurer as Chair and up to 4 additional members appointed by Council from time to
time for the purpose of assisting the activities of the SVP and Treasurer.
-- DEFEATED (5 in favour, 5 opposed)
EXECUTIVE COMMITTEE REPORTS
6277.
Report from the President (oral)
The President reported that Lieutenant Governor in Council appointee, Rob Newman has been keeping
Council well apprised of political events and issues. A function was recently attended with guests Richard
Florida, Rob Martin, and Michael Bryant.
March 5, 2009
Page 7 of 9
The President recalled recently attending an event hosted by Attorney General, Chris Bentley and David
Zimmer which allowed for ample opportunity to speak to OAA related issues with them.
It was noted by the President that she and K. Doyle were present for the announcement at Queen’s Park
of The Green Energy and Green Economy Act, 2009 and spoke with Minister George Smitherman. The
Act is short on details but the concept is good and suggested that the OAA might consider bringing ideas
and solutions to the government at an early stage. A letter has gone to Ministers Smitherman and
Watson which conveys the desire to become involved.
A Council member recalled at a recent trade luncheon that Minister Smitherman spoke of architects on a
positive note.
6278.
Report from the Senior Vice President and Treasurer (oral)
It was reported by the Senior Vice President and Treasurer that the audited Financial Statements for
2008 have now been approved by Council and will be included in the 2008 Annual Report.
6279.
Report from the Vice President Strategic (oral)
The Vice President Strategic noted that there was nothing further to report at this time.
6280. Reference Material Reviewed: Memorandum from the Vice President Communications, Pawel
Fiett dated February 18, 2009 re. Communications Committee Update. (APPENDIX ‘H’)
It was reported by the Vice President Communications that comments have been received and noted with
respect to the Communications Framework and were discussed at the Communications Committee
meeting yesterday. The comments will be forwarded on to Bruce Mau Design for incorporation into the
Framework which notes inclusion of the general public in the document.
The President suggested that the Perspectives publication deadlines be discussed between the
Communications Committee and the SBEC if content for the Green issue is still required.
The Vice President Communications confirmed that Communications Specialist, Marcia Cooper had
finalized the content of the publication in the fall of 2008 along with the SBEC and Perspectives Editorial
committee.
Cooper reported that the Honours and Awards press release will go out to the media shortly. The
People’s Choice Awards will be online thereafter. The tracking issue has been rectified with an allowance
of one vote per IP address for this year.
6281. Reference Material Reviewed: Memorandum from Chair of the OAA Structure Committee and
Councillor, Peter Gabor dated February 20, 2009 re. Update from the OAA Structure Committee –
Timeline for consultation with the membership. (APPENDIX ‘I’)
6282. Reference Material Reviewed: Memorandum from OAA Representative on the Committee for the
Examiniation for Architects in Canada (CExAC) and Immediate Past President, Sean O’Reilly dated
February 23, 2009. (APPENDIX ‘J’)
It was suggested by the Vice President Strategic that there be a letter from the President congratulating
graduates of the first ExAC as well as an e-bulletin announcement. A similar process should also be
followed for newly licensed architects. It was noted that a letter is sent by the President each year inviting
them to attend the conference as a special guest.
March 5, 2009
Page 8 of 9
6283. Reference Material Reviewed: Memorandum from Registrar, I. Hillel Roebuck dated February 23,
2009 re. Activities Under the Registrar – January 5, 2009 to February 23, 2009. (APPENDIX ‘K’)
It was noted by a member of Council there were a significant increase in applications for license over the
previous month.
Roebuck suggested that it may possibly be attributed to the ExAC and the change in the Intern annual fee
structure.
Sharp left the meeting at 3:10p.m.
6284.
Report from the Vice President Practice (oral)
The Vice President Practice reported that Practice Committee would be meeting next week and will have
a report on it for the next Council meeting.
24, 2009 re. Strategic Opportunities Committee (SOC) – Update re. Working Group on Contracts.
(APPENDIX ‘L’)
It was noted by the Vice President Practice that the next draft of the supplementary conditions will be
going to K. Doyle tomorrow and that the next meeting of the Strategic Opportunities Committee (SOC) is
th
scheduled for March 13 .
Hastings left the meeting at 3:20p.m.
ITEMS FOR DISCUSSION
6286.
There were no items for discussion.
ITEMS FOR INFORMATION
15, 2009 re. Accessibility for Ontarians with Disabilities Act, 2005 – Accessibility Standards by
Regulation. (APPENDIX ‘M’)
6288. Reference Material Reviewed: Memorandum from the Conference Committee dated February
24, 2009 re. OAA Conference 2009. (APPENDIX ‘N’)
6289. Reference Material Reviewed: Report from Toronto Society of Architects Council Liaison, Jane
Burgess; report from Grand Valley Society of Architects Council Liaison, J. William Birdsell, dated
February 25, 2009. (APPENDIX ‘O’)
The reports were noted for information.
March 5, 2009
Page 9 of 9
6290.
Reference Material Reviewed: Articles from Publications. (APPENDIX ‘P’)
The articles were noted for information.
ADJOURNMENT
6291. It was moved by Farrow and seconded by Gabor that the meeting be adjourned at 3:25 p.m.
--CARRIED (1 abstention)
______________________________________________
President
____________________________
Date
2.2
FOR COUNCIL MEETING
May 6, 2009
(open)
Ontario Association of Architects ITEM: 2.2
Special Meeting
MINUTES
April 7, 2009
A special meeting of the Council of the Ontario Association of Architects, held under the Architects Act,
took place via conference call on Tuesday, April 7, 2009 in Ontario.
Present:
Gerrie Doyle
Louis Cooke
James Farrow
Sean O’Reilly
Vladimir Popovic
J. William Birdsell
Jane Burgess
Jerry Chlebowski
James Farrow
Peter Gabor
Brad Green
Paul Hastings
Elaine Mintz
Rob Newman
Kevin Robinson
Sheena Sharp
Thomas Thoma
Kristi Doyle
Hillel Roebuck
Marcia Cooper
Tina Carfa
President
Vice President, Regulatory Activities
Senior Vice President and Treasurer
Immediate Past President
Vice President Strategy
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Director of Policy
Registrar
Communications Specialist (part attendance)
Executive Assistant, Executive Services
Regrets:
David Craddock
Pawel Fiett
Andre Sherman
Michael Visser
Gordon Masters
Vice President Practice
Vice President Communications
Councillor
Director of Operations
The President called the meeting to order at 3:05 p.m.
NEW BUSINESS
1.0 Reference Material Reviewed: OAA Structure Committee Member Consultation Document, Draft 6
dated April 6, 2009. (APPENDIX ‘A’)
The President reported that the OAA Structure Committee had met over the last number of weeks to
prepare the draft discussion paper to go to the membership prior to the breakfast session scheduled at
the Conference next month. This discussion paper forms the first part of a series of membership
consultation efforts. It was noted that consensus on the draft document had been reached among the
Committee with the exception of the Committee Chair.
The President noted that the basic concept of the draft document was to circulate a high level message to
the membership to gauge its interest in regards to the establishment of an advocacy group separate from
the OAA.
A member of Council indicated that discussion on the issue would take place at the Breakfast meeting at
the Conference and suggested that the six options presented in the paper should be reduced to two with
an affirmation of one of the choices and then provide a further explanation of the options following it.
Special Meeting of Council Minutes
April 7, 2009
Page 2 of 4
It was suggested by a member of Council that the six options were too confusing and that the document
should present only two options to the membership. The six options represented too much detail at this
stage of the consultation.
A Council member expressed concern that in limiting the selection, the membership would not be fully
and correctly informed. If asked a very broad question some may agree or disagree with it without giving
any thought to the actual ramifications or practicalities.
A member of Council indicated that the membership should be made aware of all potential outcomes of a
decision it may be required to make in the future.
It was suggested by a member of Council that the two options be presented with sub-categories outlining
the possible outcome of each selection in further detail. The positive and negative aspects of each
choice could be defined to some degree for the members.
It was noted by the Chair of the Committee that the mandate and value proposition would be already
listed before it could be questioned by the reader of the document and suggested that the detail was
redundant.
The President enquired whether Council believes a separate group is necessary, suggesting that there
may be some confusion as to the original mandate of the Committee which was to investigate the issue
only. The membership’s thoughts need to be assessed and proceed to research the issue further beyond
that point.
There was some support from members of Council for the option to have a Royal Architectural Institute of
Canada (RAIC) advocacy chapter to assist architects on a national and provincial basis.
The Committee Chair referenced a discussion with the Alberta Association of Architects (AAA) President
whose province had established an RAIC chapter, adding that President had expressed some
disappointment with the advocacy group which then prompted the Practice in Alberta to establish a
business advocate on their own. It was noted that this was done outside of any involvement with the
AAA.
It was suggested by the Committee Chair that there is an inherent conflict with OAA in fulfilling its
mandate to protect the public which prevents the potential for performing advocacy for the profession.
Other members of Council disagreed with this notion suggesting that what is in the interest of the
profession assists in fulfilling that mandate to protect the public. Reference was made to the OAA
Communications Framework.
A member of Council indicated that funding of a separate organization through the OAA would be difficult
adding that s/he does not see a fundamental flaw citing the creation of the fee schedule.
A Council member suggested that titling of the document be edited to reflect the focus on advocating the
business of architecture. Promoting the business of architecture could be difficult under the current
document structure and should be presented at the front of it, adding that good design can be promoted
without splitting the Association.
There was a suggestion from several members of Council that the rationale section of the discussion
paper be moved towards the front of the document.
The Committee Chair additionally suggested that under the proposed changes to the rationale that all of
the third paragraph be eliminated with the exception of the last sentence which should then be moved to
the previous paragraph, citing that the wording is repetitive.
April 7, 2009
Page 3 of 4
It was suggested by a Council member that the Committee look to the local societies for feedback on the
proposal as well as during the Breakfast session during the conference.
A Council member suggested that the issue of Bill 124 be used as an example in the third paragraph on
page six of the draft document in terms of how advocacy might have been handled better.
The Committee Chair indicated that although Bill 124 was a regulatory issue its downfall may be
significantly attributed to the lack of existence of an advocacy group.
It was suggested by a member of Council that a strong advocacy group is necessary to defend architects
in future against potential issues related to government intervention.
The importance of the regulatory and advocacy branch to work in tandem was noted by a member of
Council as the key to its success. It was suggested that then there would simply be a duplication of
efforts and that financially this would be difficult to sustain.
A Council member enquired as to the number of OAA members who were also members of RAIC. It was
confirmed that there are approximately 900 members from the OAA.
K. Doyle indicated that after the Breakfast session at the Conference the intention is for the Structure
Committee to issue a survey which would provide more detail and pose some very specific questions of
the members, adding that the current draft document before Council is something that is intended to
foster discussion with the membership.
A Council member noted the difficulty an advocacy group would likely encounter becoming recognized as
speaking on behalf of architects.
It was noted by the Committee Chair that Committee research found that the best organizations were
ones that had close ties with an advocacy group.
A Council member suggested that the two groups will likely encounter difficulties in achieving this given
earlier statement that there is an inherent conflict in advocacy vs. regulation.
It was reported by K. Doyle that the number of individuals registered for the Conference were 976 with 91
registered for the Breakfast session, 20 of which are members of Council. For comparative purposes, last
year’s Fees and Services Task Group’s Breakfast session was attended by over 250 members.
Roebuck enquired as to whether there will be clarification in a decision to determine whether the group is
related to members or to practices.
The Committee Chair responded that the specific focus of the group has not yet been determined.
It was suggested by Roebuck that a balance is imperative in terms of what the group would be focusing
its interest on.
It was suggested by a member of Council that the draft document be sent back to the Committee to
further revise, incorporating the changes suggested in the meeting.
nd
K. Doyle noted that the document is scheduled to go to the membership on April 22 and therefore, the
content will need to be finalized this week.
th
It was suggested by Cooper that the final content be forwarded to her by Tuesday April 14 .
The President noted that a meeting of the Committee be held on Tuesday to coincide with the deadlines
noted.
April 7, 2009
Page 4 of 4
It was agreed by members of the Committee that the conference call/meeting be held at 10:00am on
th
Tuesday April 14 .
The Committee Chair noted that he would incorporate the required revisions and forward on to K. Doyle
and the Committee members by Thursday of this week.
ADJOURNMENT
The meeting was adjourned at 4:15p.m.
______________________________________________
____________________________
President
Date
4.1
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 4.1
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
James Farrow
Senior Vice President & Treasurer
Date:
April 21, 2009
Subject:
Pro-Demnity Insurance Company
Annual Meeting of the Shareholder
Objective:
1. To conduct the Annual Meeting of the Shareholder of Pro-Demnity Insurance Company.
2. To consider approval of the resolutions before the Shareholder at the Annual Meeting.
Background:
1. In accordance with By-law No. 2005-1 of Pro-Demnity Insurance Company, the Shareholder
is required to conduct an Annual Meeting. The OAA is the sole shareholder of Pro-Demnity.
2. The purpose of the Annual Meeting is as follows:
a. Hearing and receiving the reports and financial statements (a copy of the statements is
attached along with the Annual Report and Business Plan).
b. Electing directors (refer to memorandum from Pro-Demnity President & CEO to OAA
Director of Operations dated April 16, 2009 re. Annual Meeting of Shareholder –
Appointment of Directors.
…/2
111 Moatfield Drive, Toronto, Ontario Canada M3B 3L6 Telephone 416.449.6898
Fax 416-449-5756 www.oaa.on.ca
2
Council is asked to consider the recommendation of the Governance and Nomination
Committee of Pro-Demnity Insurance Company that the proposed slate of Directors be
approved for a one year term. In addition, Council will be required to formally appoint
its ‘Council appointees’ for a one year term. Those appointments for Council’s
consideration are Brad Green and (consider either Fiett or O’Reilly).
The Senior Vice President & Treasurer, James Farrow, automatically assumes the exofficio position as the linking director by virtue of the position on OAA Council.
c.
Appointing the auditor and actuary and authorizing the Board to fix remuneration (refer
to memorandum from Pro-Demnity President & CEO, Byron Treves dated April 16,
2009 re. Annual Meeting of Shareholder – Appointment of Auditors and Actuary).
d. Approving By-Law No. 2009-1 which the ProDemnity Board resolved that the
Investment Committee, and Finance and Audit Committee be combined. The change
was brought on due to concerns of the number of meetings during the year, and the
time spent in preparation thereof. The combination of the above two committees will
reduce the number of meetings, and it was considered logical since both Committees
relate to the financial performance of the Company.
The mandates of the Finance and Investment Committees remain unchanged, as does
the composition of the combined committee for the remaining of the year, i.e. 3 from the
Investment Committee, and 4 from the Finance Committee (the Chair of the Finance
Committee is also a member of the Investment Committee).
3. Noted below are draft resolutions with respect to items b), c) and d) for Council’s
consideration:
It was moved by ____________ and seconded by ____________ that the Ontario
Association of Architects (as the sole shareholder of Pro-Demnity Insurance Company and
effective the date that common shares of Pro-Demnity Insurance Company are first issued
to the OAA) hereby elects the following individuals as Directors of the Board of Pro-Demnity
Insurance Company for a one year term effective May 6, 2009.
Christopher Fillingham
Leo Makrimichalos
J.E. (Ted) Sievenpiper
Jamie Wright
Fiett or O’Reilly
Brad Green
Andrew Smith
Ron McLaughlin
Sylvia Watson
Michael Natale
David Browne
Architect Member
Architect Member
Architect Member
Architect Member
OAA Council Appointee
OAA Council Appointee
…/3
3
to the OAA) hereby appoints Mr. Joe Cheng of J.S. Cheng & Partners Inc. as the Actuary
for Pro-Demnity Insurance Company, and authorize the Finance & Audit Committee to fix
remuneration.
to the OAA) hereby appoints BDO Dunwoody the auditor for Pro-Demnity Insurance
Company, and authorize the Finance & Audit Committee to fix remuneration.
to the OAA) hereby approves By-Law No. 2009-1 which the Pro-Demnity Board resolved
that the Investment Committee, and Finance and Audit Committee be combined.
Action:
1. Council is asked to consider the above noted resolutions related to Pro-Demnity Insurance
Company re. Election of Directors, appointment of auditor and actuary, as well as approval
of By-Law No. 2009-1.
2. Council is asked to receive the financial statements for Pro-Demnity Insurance Company.
3. Council is asked to receive the Annual Report and Business Plan for Pro-Demnity
Insurance Company.
MEMORANDUM
TO:
Gordon Masters,
Director of Operations, OAA
DATE: April 16, 2009
FROM:
Byron Treves
RE:
Annual Meeting of Shareholder –
Appointment of Directors
At the Board meeting of April 16, 2009, the recommendation of the Governance and
Nomination Committee was accepted.
The recommendation by the Board and Committee is that the following persons be
nominated for election as Directors at the annual Shareholder’s meeting:
Christopher T. Fillingham
Leo Makrimichalos
J.E. (Ted) Sievenpiper
Jamie Wright
Andrew Smith
Ron McLaughlin
Sylvia Watson
Michael Natale
David Browne
Architect member
Architect member
Architect member
Architect member
In addition, two Council appointees are to be elected by the Shareholder, one of which we
understand to be:
Brad Green
We look forward to your advice as to the second elected Council appointee.
The ex-officio Directors are not elected to the Board as their appointments are based on their
offices:Ex-officio Directors: James Farrow (OAA Senior VP & Treasurer)
Byron Treves (President & C.E.O.)
MEMORANDUM
TO:
Gordon Masters,
FROM:
Byron Treves
RE:
Annual Meeting of Shareholder –
Appointment of Auditor and Actuary
DATE: June 2, 2008
Please be advised that at the Board meeting of June 2, 2008, it was resolved that the Board
recommend to the Shareholder that BDO Dunwoody, and Mr. Joe Cheng of J.S. Cheng &
Partners Inc., be re-appointed as Auditor and Actuary, respectively, for Pro-Demnity for the
2008 fiscal year.
MEMORANDUM
TO:
Gordon Masters,
FROM:
Byron Treves
RE:
Amendment to By-Law No. 2008-1 of
Pro-Demnity Insurance Company
DATE: April 16, 2009
Please find attached:
1.
Extract of Shareholder’s Resolution to confirm By-Law.
2.
The By-Law No. 2009-1 which has been approved by the Board at its meeting
of April 16, 2009.
3.
A copy of the By-Law showing the changes, that is, Pages 1, 11, 12, and 13, articles
31, 35, and 38 – Committees.
The Board resolved that the Investment Committee, and Finance and Audit
Committee be combined. The change was brought on due to concerns of the number
of meetings during the year, and the time spent in preparation thereof. The
combination of the above two committees will reduce the number of meetings, and it
was considered logical since both Committees relate to the financial performance of
the Company.
The mandates of the Finance and Investment Committees remain unchanged, as does
the composition of the combined committee for the remaining of the year, i.e. 3 from
the Investment Committee, and 4 from the Finance Committee (the Chair of the
Finance Committee is also a member of the Investment Committee).
This By-Law must be submitted to the AGM of the Shareholder for approval.
Attchs:
PROPOSED TEXT FOR RESOLUTION FOR PASSAGE BY
SHAREHOLDER OF
PRO-DEMNITY INSURANCE COMPANY
(the "Corporation")
CONFIRMATION OF BY-LAW NO. 2009-1
WHEREAS:
A.
The Board of Directors of the Corporation passed Amended and Restated By-Law
No. 2009-1 on April 16, 2009, under which by-law the former Investment Committee
and the Finance and Audit Committee were consolidated as the Finance, Audit and
Investment Committee;
B.
The sole voting Shareholder of the Corporation wishes to confirm By-Law No. 20091, as required by the Corporations Act (Ontario); and
C.
By-law No. 2009-1 contains a provision repealing all former by-laws of the
Corporation.
NOW THEREFORE BE IT RESOLVED THAT:
1.
By-law No. 2009-1, being an Amended and Restated By-Law relating generally to the
conduct of the business and affairs of the Corporation, be and is hereby confirmed as
a By-Law of the Corporation.
2.
By the confirmation of By-Law No. 2009-1, all prior By-Laws of the Corporation be
and are hereby repealed, subject to any exceptions relative to such repeal contained in
sections 93 and 94 of the said By-Law.
AMENDED AND RESTATED BY-LAW NO. 2009-1
being a by-law relating generally to
the transaction of the business and
affairs of the Company
WHEREAS:
A.
The Board of Directors of the Corporation passed By-law No. 2005-1 on
September 13, 2005, which was confirmed by the sole voting shareholder on
May 10, 2006.
B.
The Board of Directors passed By-Law No. 2008-1 (which replaced By-Law No.
2005-1) on June 2, 2008, which was confirmed by the sole shareholder on June
12, 2008;
C.
It has been determined to amend certain provisions of By-law No. 2008-1;
D.
It is in the best interests of the Corporation to consolidate the amendments into
an Amended and Restated By-law No. 2009-1;
BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of PRO-DEMNITY
INSURANCE COMPANY (hereinafter called the “Company”) that:
DEFINITIONS
1.
In this By-law, the following terms will have the meanings set out below:
“Act” means the Corporations Act (Ontario), as such statute may be amended or
reenacted from time to time;
“Board” means the board of directors of the Company;
“body corporate” means a firm, partnership, unincorporated association, joint
venture, corporation, bank, trust, pension fund, union, governmental agency,
board, tribunal, ministry or commission or other legal entity of any kind
whatsoever, but excludes an individual or natural person;
“Business Plan” means a twelve month business plan and budget for the
Company prepared by management of the Company and approved in
accordance with paragraph 69;
“Chair” means the director of the Company appointed as Chair of the Board by
the Board;
“Council” means the governing council of the Ontario Association of Architects;
3311375.1
-2”Ex-Officio” means by virtue of office and includes all of the rights and obligations
of office, including the right to vote, unless otherwise provided;
“Family Member” means the Spouse, parent, child, brother or sister of any
person, and the Spouse of any such child, parent, brother or sister;
“Financial Statements” means, for any particular period, audited or unaudited (as
stipulated in this By-law), financial statements of the Company consisting of not
less than a balance sheet, a statement of income and retained earnings, a
statement of changes in financial position, a report or opinion of the Auditor (in
the case of audited Financial Statements) and such other statements, reports,
notes and information prepared in accordance with generally accepted
accounting principles (consistently applied) and as are required in accordance
with any applicable law;
“person” means an individual, a natural person or a body corporate;
“President and Chief Executive Officer” means the president and chief executive
officer of the Company;
“Regulator” means the Ontario Superintendent of Insurance and each other
governmental or regulatory authority having jurisdiction over the Company;
“Spouse” has the meaning ascribed to such term in the Family Law Act (Ontario);
“Vice-Chair” means the director of the Company appointed as Vice-Chair of the
Board by the Board;
“Vision and Mission” means any statement of vision and mission as may be
determined by the Company from time to time.
HEAD OFFICE
2.
The head office, of the Company shall be in the City of Toronto, in the Province
of Ontario and at such place therein as the directors of the Company may from
time to time by resolution determine.
SEAL
3.
The corporate seal of the Company shall be in the form impressed in the margin
hereof.
DIRECTORS
4.
3311375.1
Number and Quorum. Until changed by special resolution, the number of the
directors of the Company shall be thirteen of whom seven shall constitute a
quorum for the transaction of business at any meeting of the directors; provided
that no less than fifty percent (50%) of a quorum shall consist of members of the
-3Ontario Association of Architects. Notwithstanding vacancies in the Board, the
remaining directors may exercise all the powers of the Board so long as a
quorum of the Board remains in office.
5.
Qualification. The qualification of a director shall be the holding at the time of
his or her election or appointment, and throughout his or her term of office, in his
or her own name and for his or her own use and absolutely in his or her own right
shares of the capital stock of the Company upon which at least $500 has been
paid in and upon which all calls and instalments due have been paid in cash, and
no person is eligible to become or shall be elected or appointed a director unless
all liabilities incurred by him or her to the Company are paid in full in cash. Each
director shall be at least 18 or more years of age.
6.
Composition, Election and Term of Office. Each of the President and Chief
Executive Officer of the Company and the Senior Vice-President of the Ontario
Association of Architects shall be an ex officio member of the Board. The Board
shall also consist of no less than six members of the Ontario Association of
Architects, no less than two of whom are members of the Council. In selecting
directors, the shareholders shall consider candidates nominated by the
Governance and Nomination Committee, but shall not be obliged to select such
candidates. Apart from the President and Chief Executive Officer and the Senior
Vice-President of the Ontario Association of Architects, the directors shall be
elected yearly at the annual meeting of the shareholders and shall hold office
until the annual meeting next following. Apart from the President and Chief
Executive Officer and the Senior Vice-President of the Ontario Association of
Architects, the whole Board shall be elected at each annual meeting and all the
directors then in office shall retire, but, if qualified, shall be eligible for re-election.
The election may be by a show of hands or by resolution of the shareholders
unless a ballot be demanded by any shareholder. If an election of directors is not
held at the proper time, the directors then in office shall continue in office until
their successors are elected.
7.
Vacancies. So long as there is a quorum of directors in office, any vacancy
occurring in the Board may be filled for the remainder of the term by the
directors.
8.
Vacation of Office. The office of any director shall be vacated (a) if he or she
becomes bankrupt or suspends payment or compounds with his or her creditors
or makes an authorized assignment or is declared insolvent; (b) if he or she is
found to be a mentally incompetent person or becomes of unsound mind; (c) if he
or she ceases to hold the number of shares necessary to qualify him or her for
his or her office of director; or (d) if by notice in writing to the Company he or she
resigns his or her office of director.
9.
Removal of Directors. The shareholders may, by resolution passed by at least
two-thirds of the votes cast at a general meeting of shareholders of which notice
specifying the intention to pass such resolution has been given, remove any
3311375.1
-4director before the expiration of his or her term of office and may, by a majority of
the votes cast at that meeting, elect any person in his or her stead for the
remainder of his or her term.
10.
Powers. The Board shall have full power and authority to manage and control
the affairs and business of the Company.
11.
Duties of the Board of Directors. Each Director shall comply with the
provisions of the Act and the by-laws and shall exercise the powers and
discharge the duties of his or her office honestly and in good faith and shall
exercise the same degree of care, diligence and skill that a reasonable and
prudent person would exercise in comparable circumstances in furtherance of
the objects of the Company. Each Director shall:
3311375.1
(a)
familiarize himself or herself with the Act, the Architects Act (Ontario), the
Insurance Act (Ontario) and the by-laws and with such other records and
documents as may be necessary as background knowledge for the
purpose of performing the duties of his or her office;
(b)
attend every meeting of the Board and take part in the discussions and
decisions taken at each meeting unless unavoidably detained by illness,
urgent prior commitment or other emergency;
(c)
serve on the Committees which the Board may appoint;
(d)
be present at and participate in the Annual Meeting or General Meetings;
(e)
provide liaison personally or as an alternate to at least one Committee or
task force, the meetings of which he or she shall attend unless
unavoidably detained by illness, urgent prior commitment or other
emergency;
(f)
provide guidance to such Committee or task force and its chairman
whenever necessary and, if requested, prepare a written report for the
next meeting of the Board as to the activities, concerns and intentions of
the Committee or task force;
(g)
perform such duties as may be requested by the Board with respect to
liaison with other organizations and to act as a representative on joint
Committees and task forces and at other functions;
(h)
disclose any interest he or she may have, other than as a Director, in any
matter coming before the Board, a Committee or task force and thereafter
withdraw from the meeting and not vote or be counted in the quorum in
respect of such matter;
(i)
ensure that confidential matters coming to his or her attention as a
Director are not disclosed by him or her except as required for the
-5performance of his or her duties or as may be directed by the Board and
preserve secrecy with respect to all matters that come to his or her
knowledge in the course of his duties in accordance with the Act;
12.
13.
3311375.1
(j)
devote whatever time is reasonably necessary to properly perform his or
her duties as a Director; and
(k)
perform such other duties as from time to time may be agreed upon
between him or her and the Board.
Principles of Governance.
(a)
For the purposes of this By-Law, governance is defined as the process of
governing the Company through the direction and monitoring of the
business affairs of the Company, in accordance with its letters patent,
supplementary letters patent, By-laws and all appropriate legislation.
(b)
The Board shall be governed by the following Principles of Governance:
(i)
The Board is responsible for the governance of the Company;
(ii)
The Board provides strategic leadership in the establishment of and
commitment to the Company’s Vision and Mission;
(iii)
The Board acts in the best interests of the Company in carrying out
its responsibilities;
(iv)
The Board is cognizant of the insurance needs of Ontario
architects;
(v)
The Board strives for consensus on all issues but a majority vote
will govern; and
(vi)
The Board provides policy leadership and does not engage in dayto-day operational matters, except as required by law or fiduciary
obligations, maintaining at all times a clear distinction between
Board and staff roles.
Responsibilities of the Board of Directors. The Board shall:
(a)
adhere to the Principles of Governance in conducting the business of the
Board;
(b)
be guided by the Company’s Vision and Mission;
(c)
engage a President and Chief Executive Officer and set and approve his
or her compensation; and
-6(d)
14.
15.
satisfy itself that the policies of the Company approved by the Board are
reflected in the organization’s practices.
Responsibilities of Individual Directors. In contributing to the achievement of
the responsibilities of the Board as a whole, each director shall:
(a)
adhere to the Principles of Governance and be guided by the Vision and
Mission of the Company;
(b)
work positively, co-operatively and respectfully as a member of the team
with other directors and with the Company’s management and staff;
(c)
declare any conflict of interest;
(d)
respect and abide by Board decisions and processes established by the
Board for external communication;
(e)
maintain a strong attendance record and be available to serve on a
committee;
(f)
complete the necessary background preparation in order to participate
effectively in meetings of the Board and its committees;
(g)
keep informed about matters relating to the Company and the community
it serves;
(h)
participate in initial director orientation and on-going Board education;
(i)
participate in any evaluation of overall Board effectiveness; and
(j)
represent the Board, when requested, in activities within the Company and
in external activities with other organizations.
Meetings of Directors. Meetings of the Board may be held at the head office of
the Company or at any other place within or outside of Ontario.
Such meetings may be held at any time without formal notice being given if all
the directors are present, or if a quorum is present and those directors who are
absent have signified their consent in writing, or by any form of electronic
communication, to the holding of the meeting in their absence, and any resolution
passed, or proceeding had, or action taken at such meeting shall be as valid and
effectual as if it had been passed at or had or taken at a meeting duly called and
constituted, and any minutes of any such meeting signed by all the directors shall
be as valid as if such meeting had been duly called and held.
The Chair of the Board, the President and Chief Executive Officer or any two
directors may at any time, and the Secretary at the direction of the Chair of the
Board, the President and Chief Executive Officer, or any two directors, shall
3311375.1
-7convene a meeting of directors. Notice of such meeting shall be delivered or
mailed or sent by any form of electronic communication to each director not less
then seven (7) days before the meeting is to take place.
Notice of any meeting or any irregularity in any meeting or the notice thereof may
be waived by any director.
After the election of directors at a meeting of shareholders, for the first meeting of
the Board to be held immediately following such meeting, or in the case of a
director appointed to fill a vacancy on the Board, for the meeting at which the
appointment is made, no notice of such meeting shall be necessary to the newly
elected or appointed director or directors in order to validly constitute the
meeting, provided a quorum of directors be present.
The Board may appoint a day or days in any month or months for regular
meetings of the Board and shall designate the place and time at which such
meetings are to be held. A copy of any resolution of the Board fixing the place
and time of regular meetings of the Board shall be sent to each director forthwith
after being passed, and no other notice shall be required for any such regular
meeting.
16.
Minimum Number of Meetings. There shall be not less than four meetings of
the Board in each year.
17.
Resolutions in Writing. Subject to the Act, a resolution in writing, signed by all
the Directors entitled to vote on that resolution at a meeting of Directors or
Committee of Directors, is as valid as if it had been passed at a meeting of
Directors or Committee of Directors called, constituted and held for that purpose.
18.
Meetings by Telephone Conference or Other Communications Facilities.
3311375.1
(a)
If all Directors, or all members of a Committee (as the case requires)
consent thereto generally or in respect of a particular meeting and each
has adequate access, Directors may participate in a meeting of the Board
or of a Committee by means of such conference telephone or other
communications facilities as permit all persons participating in the meeting
to hear each other, and a Director participating in such a meeting by such
means is deemed to be present at the meeting; and
(b)
Provided further that at the outset of each meeting referred to in
subparagraph 18.(a), the chairman of the meeting shall call roll to
establish quorum and whenever votes are required, and unless a majority
of the Directors present at such meeting otherwise require, adjourn the
meeting to a predetermined date, time and place whenever not satisfied
that the proceedings of the meeting may proceed with adequate security
and confidentiality.
-819.
Those to be Present. Except by invitation or with the consent of the Board, no
persons other than Directors shall be present at the meetings of the Board;
provided, however, that a Vice-President of the Company shall be entitled to
attend and participate (but not vote at) meetings of the Board or any Committee.
20.
Validity of Actions. The transactions of the Board or of any Committee are
valid notwithstanding the disqualification of any member thereof through any
defect or irregularity in his election or appointment. No error or omission in giving
notice for a meeting of the Board shall invalidate such meeting, and any Director
may at any time waive notice of any such meeting and may ratify or approve any
or all of the proceedings taken or had thereat.
21.
Absent Directors. Any director of the Company who may be resident either
temporarily or permanently outside of the Province of Ontario may file with the
Secretary of the Company a written waiver of notice of any meetings of the
directors and may at any time withdraw such waiver, and until such waiver shall
be withdrawn, no notice of meetings of directors shall be sent to such director,
and any and all meetings of the directors of the Company shall (providing a
quorum of directors be present) be validly constituted notwithstanding that notice
shall not have been given to such director.
22.
Voting at Meetings. Questions arising at any meeting of directors shall be
decided by a majority of votes. In the case of an equality of votes, the
chairperson of the meeting shall not have a second or casting vote.
23.
Review of Decisions. No question or matter that has been decided by a majority
of votes at a meeting of the Board in a calendar year shall be reviewed or reexamined at any subsequent meeting of the Board in the same calendar year
unless at least two-thirds of the Directors present at that subsequent meeting
agree to do so.
24.
Remuneration. The Directors shall be paid such remuneration as the Board
shall from time to time, by resolution determine.
25.
Confidentiality and Public Relations.
3311375.1
(a)
Every director, officer and every employee of the Company shall respect
the confidentiality of matters brought before the Board or before any
committee of the Board or relating to the Company, or any matter dealt
with in the course of the employee’s employment activities in the
Company; provided, however, that any matters brought before the Board
or before any Committee of the Board or relating to the Company may be
reported to the shareholders of the Company.
(b)
The Chair of the Board or the President and Chief Executive Officer is
responsible for Board communication and may delegate authority to one
or more directors, officers or employees of the Company to make
-9statements to the news media on matters concerning the public brought
before the Board.
26.
3311375.1
Conflict of Interest.
(a)
A director of the Company who is in any way directly or indirectly
interested in a proposed contract or a contract with the Company shall
disclose in writing to the Company, or request to have entered in the
minutes of the meeting of directors, the nature and extent of his or her
interest at the time and in the manner provided by the Act and such a
director shall not vote on any resolution to approve the same;
(b)
In the case of a proposed contract, the declaration referred to in
subparagraph 26(a) shall be made at the meeting of the directors at which
the question of entering into the contract is first taken into consideration
or, if the director is not at the date of that meeting interested in the
proposed contract, at the next meeting of the directors held after he or she
becomes so interested, and, in a case where the director becomes
interested in a contract after it is made, the declaration shall be made at
the first meeting of the directors held after he or she becomes so
interested;
(c)
A general notice given to the directors by a director to the effect that he or
she is to be regarded as interested in any contract or proposed contract
made with any other corporation, association, agency, institution, public
authority or person, shall be deemed to be a sufficient declaration of
interest in relation to a contract so made, but no such notice is effective
until it is given at a meeting of the directors or the director takes
reasonable steps to ensure that it is brought up and read at the next
meeting of the directors after it is given;
(d)
If a director has made a declaration of his or her interest in a proposed
contract or a contract in compliance with the provisions of this section
26(d) and has not voted in respect of the contract, the director is not
accountable to the Company or to its shareholders or creditors for any
profit realized from the contract, and the contract is not voidable by
reason only of the director holding that office or the fiduciary relationship
thereby established;
(e)
Despite anything to the contrary in this section, a director is not
accountable to the Company or to any of its shareholders or creditors for
any profit realized from such contract and the contract is not by reason
only of the director’s interest therein voidable if it is confirmed by the
majority of the votes cast at a general meeting of the shareholders duly
called for that purpose and if the director’s interest in the contract is
declared in the notice calling the meeting;
- 10 (f)
27.
28.
Neither directors nor their Family Members shall enter into any proposed
contract or contract with the Company, unless the director has, in
accordance with the foregoing provisions, declared his or her interest in
the contract and refrained from voting on the matter.
Indemnity of Directors and Officers. Every director or officer of the Company
and his or her heirs, executors and administrators, and estate and effects,
respectively, shall, from time to time and at all times, be indemnified and saved
harmless out of the funds of the Company, from and against:
(a)
all costs, charges and expenses whatsoever which such director or officer
may sustain or incur In or about any action, suit or proceeding which is
brought, commenced or prosecuted against him or her, for or in respect of
any deed, matter or thing whatsoever made, done or permitted by him or
her, in or about the execution of the duties of his or her office;
(b)
all other costs, charges and expenses which he or she may sustain or
incur in or about or in relation to the affairs thereof, except such costs,
charges or expenses as are occasioned by his or her own wilful neglect or
default.
Protection of Directors and Officers. No director or officer of the Company
shall be liable for the acts, receipts, neglects or defaults of any other director or
officer or employee, or for joining in any receipt or other act for conformity, or for
any loss, damage or expense happening to the Company through the
insufficiency or deficiency of title to any property acquired by order of the Board
for or on behalf of the Company, or for the insufficiency or deficiency of any
security in or upon which any of the moneys of the Company shall be invested or
for any loss or damage arising from the bankruptcy, insolvency or tortious act of
any person, firm or corporation with whom any moneys, securities or effects of
the Company shall be deposited, or for any loss occasioned by any error of
judgment or oversight on his or her part or for any other loss, damage or
misfortune whatever which may happen in the execution of the duties of his or
her office or in relation thereto unless the same shall happen by or through his or
her own wilful neglect or default.
The directors may rely upon the accuracy of any statement or report prepared by
the Company’s auditors and shall not be responsible or held liable for any loss or
damage resulting from the payment of any dividends or otherwise acting upon
such statement or report.
The directors of the Company are hereby authorized from time to time to cause
the Company to give indemnities to any director or other person who has
undertaken or is about to undertake any liability on behalf of the Company and to
secure such director or other person against loss by mortgage and charge upon
the whole or any part of the real and personal property of the Company by way of
3311375.1
- 11 security. Any action from time to time taken by the directors under this
paragraph shall not require approval, or confirmation by the shareholders.
Nothing in this paragraph 28 shall operate to relieve a director of the Company
from liability pursuant to section 368(11) of the Insurance Act (Ontario) or section
62 of the Act, as the same may be amended from time to time, unless such
director complies with the relieving provisions contained in such sections.
29.
Insurance. Subject to the Act, the Company may purchase and maintain such
insurance for the benefit of any person referred to in paragraph 27 hereof as the
Board may from time to time determine.
COMMITTEES
30.
31.
Committees of the Board. The Board may appoint from their number one or
more committees of the Board, however designated, and delegate to any such
committee any of the powers of the Board except powers to:
(a)
submit to the shareholders any question or matter requiring the approval
of the shareholders;
(b)
fill a vacancy among the directors or in the office of auditor or actuary or
appoint or remove the Chief Executive Officer, the chief financial officer,
the Chair or the President of the Company;
(c)
subject to the Act, issue securities except in the manner and on the terms
authorized by the directors;
(d)
declare dividends;
(e)
purchase, redeem or otherwise acquire shares issued by the Company;
(f)
approve any Financial Statements; and
(g)
adopt, amend or repeal by-laws.
Standing, Special and Advisory Committees.
(a)
3311375.1
At the first meeting of the Board following the annual meeting, the Board
shall, if appropriate, establish the following Standing Committees:
(i)
the Finance, Audit and Investment Committee;
(ii)
the Governance and Nomination Committee; and
(iii)
the Conduct Review Committee.
- 12 (b)
The Board shall appoint annually the chairs and members of the Standing
Committees. Each Standing Committee shall have no less than one (1)
member of the Ontario Association of Architects as a member;
(c)
The Board may at any meeting appoint any advisory committee or special
committee and name the Chair of the advisory committee or special
committee, and any such committee may be composed of one or more
members who are not members of the Board;
(d)
The Board shall prescribe terms of reference for any advisory committee
or special committee;
(e)
The Board may by resolution dissolve any standing committee, advisory
committee or special committee at any time.
32.
Transaction of Business. The powers of a committee of the Board may be
exercised by a meeting at which a quorum is present or by resolution in writing
signed by all members of such committee who would have been entitled to vote
on that resolution at a meeting of the committee.
33.
Quorum and Other Rules. Unless otherwise determined by the Board, each
committee shall have power to fix its quorum at not less than a majority of its
members and to regulate its procedure. To the extent that the Board or the
committee does not establish rules to regulate the procedure of the committee,
the provisions of this By-law applicable to meetings of the Board shall apply with
all necessary modifications.
34.
Procedures For Committee Meetings.
35.
(a)
Board committee meetings shall be held at the call of the Chair, the Chair
of the particular Board Committee, or at the request of the Board;
(b)
Minutes shall be kept for all Board Committee meetings, and each
committee shall report regularly to the Board;
(c)
Guests may attend Board Committee meetings at the invitation of the
Chair;
(d)
A quorum for any Board committee meeting shall be a majority of the
members of the Board committee entitled to vote.
Finance, Audit and Investment Committee.
Investment Committee shall:
(a)
3311375.1
The Finance, Audit and
recommend to the Board financial policies and other parameters related to
the development of annual operating plans and major expenditures;
- 13 -
36.
(b)
review and make its recommendations to the Board in respect of the
annual operating plan and the related operating and capital budgets;
(c)
review the quarterly financial statements, review monthly highlights and
advise the Board accordingly;
(d)
make recommendations on major expenditures not foreseen in the
approved annual budget and deal with such expenditures in accordance
with established Board policy;
(e)
consider on an annual basis the scope of the audit work and actuary work
performed, or to be performed, for the Company;
(f)
recommend for presentation to the Board annual financial statements and
the related auditors’ report;
(g)
discuss with the auditors any matters arising out of the annual financial
statements;
(h)
discuss with the actuary any matters arising out of its annual report;
(i)
receive and review the auditors’ report on internal controls and related
recommendations;
(j)
evaluate the auditor’s and the actuary’s performance and recommend
appointment, reappointment or replacement;
(k)
receive information on implications of changes in legislation related to
financial matters, and advise the Board as necessary;
(l)
recommend to the Board an investment policy for the Company;
(m)
monitor compliance with the investment policy established by the Board;
(n)
monitor performance of the investments made by the Company;
(o)
report to the Board on all matters reviewed by the Committee; and
(p)
recommend to the Board the appointment of investment managers and
investment consultants.
Governance and Nomination Committee.
(a)
The Governance and Nomination Committee shall:
(i)
3311375.1
review the By-laws and governance structure of the Company
regularly;
- 14 -
(b)
37.
3311375.1
(ii)
nominate persons for election to the Board to fill any vacancies on
the Board;
(iii)
nominate persons for election to the Board at the annual
shareholders meeting;
(iv)
nominate persons for appointment as officers of the Company;
(v)
nominate directors to serve as Chair and members of the Standing
Committees of the Board;
(vi)
consult with the Chair in naming directors to Committees not
otherwise provided for in the By-laws of the Company; and
(vii)
establish procedures for the annual review of the overall
performance of the Board in relation to the Vision and Mission of
the Company.
In selecting persons as nominees for election to the Board, the Committee
shall:
(i)
give due regard to the qualifications of candidates including
experience or knowledge with respect to architecture, insurance
companies or boards of major corporations or other commercial
enterprises, corporate finance and financial services, government
and corporate governance, law, engineering, construction
development or real estate, market development, information
systems and public policy issues and laws relating to the Company
and the insurance industry;
(ii)
consider the names of all persons submitted as nominees in
accordance with this By-law;
(iii)
consider the potential contribution of any person nominated in
relation to the function of the Company; and
(iv)
adhere to the qualifications provided for in paragraph 5 of this Bylaw.
Conduct Review Committee. The Conduct Review Committee shall:
(a)
review the practices of the Company to ensure that any transactions with
related parties of the Company that may have a material effect on the
stability or solvency of the Company are identified;
(b)
monitor and make recommendations to the Board with respect to
compliance with procedures established by the Board to resolve conflicts
of interest, including techniques for the identification of potential conflict
- 15 situations and monitor compliance with procedures established by the
Board for restricting the use of confidential information;
(c)
monitor compliance with procedures established by the Board to provide
disclosure of information to customers of the Company and for dealing
with customer complaints and review and recommend to the Board
appropriate procedures to provide disclosure of information to customers
of the Company and for dealing with customer complaints;
(d)
report to the Board on all transactions and other matters reviewed by the
committee;
(e)
perform such further and other duties as are imposed by statute or
regulation applicable to the Company on a committee of the Board
performing similar duties; and
(f)
review and make recommendations to the Board concerning the
remuneration of directors and officers of the Company.
OFFICERS
38.
General. The officers of the Company shall be a Chair of the Board, a ViceChair, a President and Chief Executive Officer, a Secretary and, if deemed
advisable, one or more Vice-Presidents, a Treasurer, an Assistant-Secretary
and/or an Assistant-Treasurer and such other officers as the Board may from
39.
Elected Officers. The Board at its first meeting after its election shall elect a
Chair and a Vice-Chair of the Board, from among its members. In default of such
election the then incumbents, if members of the Board, shall each hold office until
his or her successor is elected. A vacancy occurring from time to time in the
office of Chair or Vice-Chair of the Board may be filled by the Board from among
its members.
40.
Appointed Officers. The Board shall appoint a President and Chief Executive
Officer and a Secretary and may appoint one or more Vice-Presidents, a
Treasurer and such other officers as the Board may determine including one or
more assistants to any of the officers so appointed. The officers so appointed
may but need not be members of the Board. One person may hold more than
one office, and if the same person holds both the office of Secretary and
Treasurer, he or she shall be known as the Secretary Treasurer.
41.
Remuneration, Removal and Delegation of Duties. The Board may fix the
remuneration to be paid to officers, agents, employees of the Company and shall
fix the remuneration and terms of employment of all officers elected or appointed
by the Board. Any officer, agent, servant or employee of the Company may
receive such remuneration as may be determined notwithstanding the fact that
he or she is a director or shareholder of the Company. All officers, in the
3311375.1
- 16 absence of written agreement to the contrary, shall be subject to removal by
resolution of the Board at any time with or without cause. In case of the absence
or inability to act of the Chair, the Vice-Chair, the President, a Vice-President or
of any other officer of the Company or for any other reason that the Board may
deem sufficient, the Board may delegate all or any of the powers of such officer
to any other officer or to any director for the time being.
42.
Chair and Vice-Chair of the Board. The Chair of the Board shall preside at any
or all meetings of the Board and shall exercise general supervision over the
financial affairs of the Company. The Vice-Chair shall have all the powers and
perform all the duties of the Chair in the absence or disability of the Chair and
shall perform any other duties assigned by the Chair or the Board.
43.
The President. The President shall be the chief executive officer of the
Company and shall be charged with the general supervision of the business of
the Company involving the planning, organizing, execution and monitoring of all
aspects of the business including, but not limited to, underwriting, claims,
reinsurance, finance, investments, marketing and human resources. The
President shall, in the absence of the Chair of the Board, preside at all meetings
of the directors of the Company. He or she shall sign all instruments which
require his or her signature and shall perform all duties incident to his or her
office and shall have such other powers and duties as may from time to time be
assigned to him or her by the Board. The President shall also:
44.
3311375.1
(a)
serve as an ex-officio member of the Board and all additional or special
Committees and attend such meetings as may from time to time be
required;
(b)
call meetings of shareholders, meetings of the Board and meetings of
Committees;
(c)
be the custodian of the seal of the Company and of all books, papers,
records, correspondence, contracts and other documents belonging to the
Company; and
(d)
record the proceedings at all meetings of shareholders, all meetings of the
Board and all meetings of the Committees, and enter the same in a book
kept for that purpose.
Vice-President. During the absence or disability of the President, his or her
duties may be performed and his or her powers may be exercised by the VicePresident (if any), or if there are more than one, by the Vice-Presidents in order
of seniority (as determined by the Board), save that no Vice-President shall
preside at a meeting of the Board or at a meeting of shareholders who is not
qualified to attend the meeting as a director or shareholder, as the case may be.
If a Vice-President exercises any such duty or power, the absence or disability of
the President shall be presumed with reference thereto. A Vice-President shall
- 17 also perform such duties and exercise such powers as the Chairperson of the
Board or the President may from time to time delegate to him or her or the Board
may prescribe.
45.
Secretary. The Secretary shall give, or cause to be given, all notices required to
be given to shareholders, directors, auditors and members of committees; he or
she shall attend all meetings of the directors and of the shareholders and shall
enter or cause to be entered in books kept for that purpose minutes of all
proceedings at such meetings; he or she shall be the custodian of the stamp or
mechanical device generally used for affixing the corporate seal of the Company
and of all books, papers, records, documents and other instruments belonging to
the Company; and he or she shall perform such other duties as may from time to
time be prescribed by the Board.
46.
Treasurer. The Treasurer shall keep proper books of account and accounting
records with respect to all financial and other transactions of the Company and,
under the direction of the Board, shall control the deposit of money, the
safekeeping of securities and the disbursement of the funds of the Company; he
or she shall render to the Board at the meetings thereof, or whenever required of
him or her, an account of all his or her transactions as Treasurer and of the
financial position of the Company; and he or she shall perform such other duties
as may from time to time be prescribed by the Board.
47.
Assistant Secretary and Assistant Treasurer. The Assistant Secretary (if any)
and the Assistant Treasurer (if any) or, if more than one, the Assistant
Secretaries and the Assistant Treasurers, shall respectively perform all the duties
of the Secretary and Treasurer in the absence or disability of the Secretary or
Treasurer, as the case may be. The Assistant Secretary and the Assistant
Treasurer shall also have such powers and duties as may from time to time be
assigned to them by the Board.
48.
Other Officers. The duties of all other officers of the Company shall be such as
the terms of their engagement call for or the Board requires of them. Any of the
powers and duties of an officer to whom an assistant has been appointed may be
exercised and performed by such assistant, unless the Board otherwise directs.
49.
Variation of Duties. The Board may, from time to time, vary, add to or limit the
powers and duties of any officer or officers.
50.
Agents and Attorneys. The Board shall have power from time to time to
appoint agents or attorneys for the Company in or out of Ontario with such
powers of management or otherwise (including the power to sub-delegate) as
may be thought fit.
51.
Fidelity Bonds. The Treasurer and each other officer having charge of the
money of the Company shall give security consisting of the bond of a licensed
guarantee Insurance or surety company in an amount not less than $100,000.
3311375.1
- 18 The Board may require such other officers, employees and agents of the
Company as the Board deems advisable to furnish bonds for the faithful
discharge of their duties, in such form and with such surety as the Board may
from time to time prescribe, and no director shall be liable for failure to require
any bond or for the insufficiency of any bond or for any loss by reason of the
failure of the Company to receive any indemnity thereby provided.
MEETING OF SHAREHOLDERS
52.
Annual Meeting. The annual meeting of the shareholders shall be held at such
place within Ontario or at such other place (if any) as may be designated by the
letters patent or supplementary letters patent on such day in each year and at
such time as the Board, or the Chair of the Board, or the President and Chief
Executive Officer may from time to time determine, for the purpose of hearing
and receiving the reports and statements required by the Act to be read at and
laid before the Company at an annual meeting, electing directors, appointing the
auditor and the actuary and fixing or authorizing the Board to fix his or her
remuneration, and for the transaction of such other business as may properly be
brought before the meeting.
53.
General Meeting. The Board or the Chair of the Board or the President and
Chief Executive Officer or a Vice-President who is a director shall have power at
any time to call a general meeting of the shareholders of the Company to be held
at such time and at such place within Ontario or at such other place (if any) as
may be designated in the letters patent or supplementary letters patent as may
be determined by the Board or the person calling the meeting. The phrase
“general meeting of the shareholders” wherever it occurs in this by-law shall
include a meeting of any class or classes of shareholders as well as a general
meeting of shareholders; and the phrase “meeting of shareholders” wherever it
occurs in this by-law shall mean and include an annual meeting of shareholders
and a general meeting of shareholders.
54.
Notices. Notice of the time and place of each meeting of shareholders shall be
given not less than ten days before the day on which the meeting is to be held, to
the auditor of the Company and to each shareholder of record at the close of
business on the day on which the notice is given who is entered on the books of
the Company as the holder of one or more shares carrying the right to vote at the
meeting. Notice of a general meeting of shareholders shall state the general
nature of the business which is to be transacted at such meeting. A meeting of
shareholders may be held at any time without notice if all the shareholders
entitled to vote thereat are present in person or represented by proxy or those
not so present or represented by proxy have waived notice and if the auditor is
present or has waived such notice, and at such meeting any business may be
transacted which the Company at an annual or general meeting of the
shareholders may transact.
3311375.1
- 19 55.
Persons Entitled to be Present. The only persons entitled to attend a meeting
of shareholders shall be those entitled to vote thereat and the auditor and the
actuary of the Company and others who although not entitled to vote are entitled
or required under any provision of the Act or the letters patent, supplementary
letters patent or by-laws of the Company to be present at the meeting. Any other
person may be admitted only on the invitation of the chairperson of the meeting
or with the consent of the meeting.
56.
Quorum. One person present in person and entitled to vote thereat shall
constitute a quorum for the transaction of business at any meeting of
shareholders.
57.
Right to Vote. At each meeting of shareholders every shareholder shall be
entitled to vote who is at the proper time entered in the books of the Company as
the holder of one or more shares carrying the right to vote at such meeting and
who is not in arrears in respect of any call save that, if the share or shares in
question have been mortgaged or hypothecated, the person who mortgaged or
hypothecated such share or shares may nevertheless represent the shares at
meetings and vote in respect thereof unless in the instrument creating the
mortgage or hypothec he or she has expressly empowered the holder of such
mortgage or hypothec, to vote thereon, in which case the holder of such
mortgage or hypothec (or his or her proxy) may attend meetings and vote in
respect of such shares upon filing with the secretary of the meeting sufficient
proof of the terms of such instrument.
58.
Representatives.
An executor, administrator, committee of a mentally
incompetent person, guardian or trustee and where a corporation is such
executor, administrator, committee, guardian or trustee of a testator, intestate,
mentally incompetent person, ward or cestui que trust, any person duly
appointed a proxy for such corporation, upon filing with the secretary of the
meeting sufficient proof of his or her appointment, shall represent the shares in
his or her or its hands at all meetings of the shareholders of the Company and
may vote accordingly as a shareholder in the same manner and to the same
extent as the shareholder of record.
59.
Proxies. Every shareholder, including a corporate shareholder, entitled to vote
at meetings of shareholders may by instrument in writing appoint a proxy, who
need not be a shareholder, to attend and act at the meeting in the same manner,
to the same extent and with the same power as if the shareholder were present
at the meeting. The instrument appointing a proxy shall be in writing under the
hand of the appointor or of his or her attorney, authorized in writing, or if the
appointor is a corporation, under the corporate seal or under the hand of an
officer or attorney so authorized and shall cease to be valid after the expiration of
one year from the date thereof.
60.
Form of Proxy. The instrument appointing a proxy may be in the following form
or in any other form which may be prescribed from time to time by the Board or
3311375.1
- 20 which the chairperson of the meeting may accept as sufficient, provided that
such other forms comply with the provisions of the Act.
I,
DATED this
of
a shareholder of
hereby appoint
of
as my proxy to vote for me and on my behalf at the
meeting of the Company, to be held on the
day of
and at any adjournment thereof.
day of
.
Signature of Shareholder
Instruments appointing a proxy shall be deposited with the secretary of the
meeting before any vote is cast under the authority thereof or at such earlier time
and in such manner as the Board may prescribe in accordance with the Act.
61.
Votes to Govern. At all meetings of shareholders every question shall, unless
otherwise required by the Act, the letters patent, supplementary letters patent or
by-laws of the Company be decided by the majority of the votes duly cast on the
question.
62.
Show of Hands. At all meetings of shareholders every question shall be
decided by a show of hands unless a poll thereon be required by the chairperson
or be demanded by any shareholder present in person or represented by proxy
and entitled to vote. Upon a show of hands every shareholder present in person
and entitled to vote shall have one vote, but a shareholder represented by proxy
shall have no vote. After a show of hands has been taken upon any question the
chairperson may require or any shareholder present in person or represented by
proxy and entitled to vote may demand a poll thereon. Whenever a vote by show
of hands shall have been taken upon a question, unless a poll thereon be so
required or demanded, a declaration by the chairperson of the meeting that the
vote upon the question has been carried or carried by a particular majority or not
carried and an entry to that effect in the minutes of the proceedings at the
meeting shall be prima facie evidence of the fact without proof of the number or
proportion of the votes recorded in favour of or against any resolution or other
proceeding in respect of the said question, and the result of the vote so taken
shall be the decision of the Company in annual or general meeting, as the case
may be, upon the question. A demand for a poll may be withdrawn at any time
prior to the taking of the poll.
63.
Polls. If a poll be required by the chairperson of the meeting or he demanded by
any shareholder present in person or represented by proxy and entitled to vote
and the demand be not withdrawn, a poll upon the question shall be taken in
3311375.1
- 21 such manner as the chairperson of the meeting shall direct. Upon a poll such
shareholder who is present in person or represented by proxy shall be entitled to
one vote for each share in respect of which he or she is entitled to vote at the
meeting and the result of the poll shall be the decision of the Company in annual
or general meeting, as the case may be, upon the question.
64.
Adjournment of Meetings. The Chairperson of any meeting of shareholders
may, with the consent of the meeting and subject to such conditions as the
meeting may decide, adjourn the same from time to time and no notice of such
adjournment need be given to the shareholders except that when a meeting is
adjourned for thirty days or more, notice of the adjourned meeting shall be given
as in the case of an ordinary meeting. Any business may be brought before or
dealt with at any adjourned meeting which might have been brought before or
dealt with at the original meeting in accordance with the notice calling such
original meeting.
65.
Share Certificates. Every shareholder shall be entitled, without payment, to a
share certificate stating the number and class of shares held by him or her and
the amount paid up thereon as shown by the books of the Company. Subject to
the provisions of the Act, share certificates shall be in such form or forms as the
Board shall from time to time approve. Unless otherwise ordered by the Board,
they shall be signed by the President and Chief Executive Officer, and by the
secretary or an Assistant Secretary and need not be under the corporate seal;
provided that certificates representing shares in respect of which a transfer agent
and registrar (which term shall include a branch transfer agent and registrar)
have been appointed shall not be valid unless countersigned by or on behalf of
such transfer agent and registrar. If authorized by resolution or the Board the
signature of one of the signing officers, or in the case of share certificates
representing shares in respect of which a transfer agent and registrar have been
appointed, the signature of both signing officers, may be printed, engraved,
lithographed or otherwise mechanically reproduced in facsimile upon share
certificates and every such facsimile signature shall for all purposes be deemed
to be the signature of the officer whose signature it reproduces and shall be
binding upon the Company. Share certificates executed as aforesaid shall be
valid notwithstanding that one or both of the officers whose signature (whether
manual or facsimile) appears thereon no longer holds officer at the date of issue
or delivery of the certificate.
66.
Replacement of Share Certificates. The Board may by resolution prescribe,
either generally or in a particular case, the conditions upon which a new share
certificate may be issued in lieu of and upon cancellation of any share certificate
which has become mutilated or in substitution for any certificate which has been
lost, stolen or destroyed.
67.
Transfer of Shares. Shares in the capital stock of the Company shall be
transferable only on the register of transfers kept by or for the Company in
respect thereof by the registered holder of such shares in person or by attorney
3311375.1
- 22 duly authorized in writing endorsed or accompanied by a properly executed
transfer, subject to the provisions of the Act and subject to the restrictions on
transfer (if any) set forth in the letters patent or supplementary letters patent.
68.
Record Date. The Board may fix in advance a date preceding by not more than
two weeks the date for the payment of any dividend or the date for the issue of
any warrant or other evidence of right to subscribe for shares in the capital stock
or securities of the Company as a record date for the determination of the
persons entitled to receive payment of such dividend or to exercise the right to
subscribe for such shares or securities, as the case may be, and in every such
case only such persons as shall be shareholders of record at the close of
business on the date so fixed shall be entitled to receive payment of such
dividend or to exercise the right to subscribe for such shares or securities and to
receive the warrant or other evidence in respect of such right, as the case may
be, notwithstanding the transfer of any shares after any such record date fixed as
aforesaid.
REPORTING
69.
70.
3311375.1
Business Plan. Not later than sixty (60) days prior to the end of each fiscal
year, the Board will cause management of the Company to prepare for approval
by the Board and submission to the shareholders a Business Plan for the
Company. The Business Plan will be prepared on a consistent basis with the
Business Plan then in effect. The Company will carry on its business and
operations in accordance with the Business Plan which will include, in respect of
the period covered by such plan:
(a)
the strategic direction and any new business initiatives which the
Company will undertake;
(b)
a general expenses and capital expenditure budget;
(c)
an underwriting operations budget;
(d)
projections of revenue and expenditures derived from activities other than
insurance underwriting;
(e)
a balance sheet;
(f)
a copy of the then applicable investment policy of the Company; and
(g)
any material variances from the Business Plan then in effect.
Quarterly Reports. Within 45 days after the end of each fiscal quarter, the
Board will cause management of the Company to prepare (on a consistent basis
with the previous fiscal quarter) and submit to the shareholders a quarterly
report. The quarterly report will include, in respect of the immediately preceding
fiscal quarter:
- 23 (a)
quarterly unaudited Financial Statements;
(b)
such explanations, notes and information as is required to explain and
account for any variances between the actual results from operations and
the budgeted amounts set forth in the current Business Plan, including any
material variances in the projected ability of any business activity to meet
or continue to meet the financial objectives of the shareholders;
(c)
information that is likely to materially affect policyholders’ perceptions or
opinions regarding the Company;
(d)
description of any new business initiatives not addressed in a Business
Plan; and
(e)
information regarding any matter, occurrence or other event which is or
claimed to be a material breach or violation of any law.
71.
Audit. The Company’s Financial Statements will be audited annually by an
auditor appointed by the shareholders (the “Auditor”).
72.
Accounting. The Company will, in consultation with the Auditor, adopt and use
the accounting policies and procedures which may be approved by the Board
from time to time and all such policies and procedures will be in accordance with
generally accepted accounting principles and applicable regulatory requirements.
73.
Annual Financial Statements. The Board will cause the Auditor to deliver, as
soon as practicable and in any event within 90 days after the end of each fiscal
year, the audited Financial Statements of the Company for consideration by the
shareholders.
74.
Actuary. The actuary of the Company shall give an opinion as to the adequacy
of provisions made for unearned premiums, unpaid claims and claims adjustment
expenses of the Company as at the end of each fiscal year and any other matter
specified by the Regulator. The Board will cause the actuary to deliver, as soon
as practicable, and in any event within 90 days after the end of each fiscal year,
the opinion of the actuary for consideration by the shareholders.
VOTING SHARES AND SECURITIES IN OTHER COMPANIES
75.
3311375.1
All of the shares or other securities carrying voting rights of any other company or
companies held from time to time by the Company, may be voted at any and all
meetings of shareholders;, bondholders, debentureholders, debenture
stockholders or holders of other securities (as the case may be) of such other
company or companies and in such manner and by such person or persons as
the Board of the Company shall from time to time determine. In the absence of
action by the Board, the proper signing officers of the Company may also from
time to time execute and deliver for and on behalf of the Company instruments of
- 24 proxy and arrange for the issuance of voting certificates and other evidence of
right to vote in such names as they may determine.
NOTICES
76.
Method of Giving. Any notice, communication or other document to be given by
the Company to a shareholder, director, officer or auditor of the Company shall
be sufficiently given if given In writing and delivered personally to the person to
whom it is to be given or if delivered to his or her last address as recorded in the
books of the Company or if mailed by prepaid ordinary or air mail in a sealed
envelope addressed to him or her at his or her last address as recorded in the
books of the Company or if sent by any means of electronic communication. The
Secretary may change the address on the books of the Company of any
shareholder in accordance with any information believed by him or her to be
reliable. A notice, communication or document so delivered shall be deemed to
have been given when it is delivered personally or at the address aforesaid; and
a notice, communication or document so mailed shall be deemed to have been
given when deposited in a post office or public letter box; and a notice sent by
any means of electronic communication shall be deemed to have been given
when received by the addressee.
77.
Computation of Time. In computing the date when notice must be given under
any provision of the letters patent, supplementary letters patent or by-laws
requiring a specified number of days’ notice of any meeting or other event, the
date of giving the notice shall be excluded and the date of the meeting or other
event shall be included.
78.
Omissions and Errors. The accidental omission to give any notice to any
shareholder, director, officer, or auditor or the non-receipt of any notice by any
shareholder, director, officer or auditor or any error in any notice not affecting the
substance thereof shall not invalidate any action taken at any meeting held
pursuant to such notice or otherwise founded thereon.
79.
Persons Becoming Entitled by Death or Operation of Law. Every person
who by operation of law, transfer, death of a shareholder or by any other means
whatsoever, shall become entitled to any share or shares, shall be bound by
every notice in respect of such share or shares which previously to his or her
name and address being entered on the books of the Company shall be duly
given to the person from whom he or she derives his or her title to such share or
shares.
80.
Proof of Service. A certificate of the Secretary or other duly authorized officer of
the Company in office at the time of the making of the certificate, or of any agent
of the Company as to facts in relation to the mailing or delivery or sending of any
notice to any shareholder, director of officer shall be conclusive evidence thereof
and shall be binding on every shareholder, director or officer of the Company, as
the case may be.
3311375.1
- 25 81.
Waiver of Notice. Any shareholder (or his or her duly appointed proxy), director,
officer or auditor may waive any notice required to be given under any provision
of the letters patent, supplementary letters patent or by-laws of the Company or
of the Act, and such waiver, whether given before or after the meeting or other
event of which notice is required to be given, shall cure any default in giving such
notice. Any shareholder (or his or her duly appointed proxy) may waive any
irregularity in any meeting of shareholders.
BANK ACCOUNTS, CHEQUES, DRAFTS AND NOTES
82.
The Company’s bank accounts shall be kept in such chartered bank, trust
company or other firm or corporation carrying on a banking business as the
Board may by resolution from time to time determine.
Cheques on the bank accounts, drafts drawn or accepted by the Company,
promissory notes given by it, acceptances, bills of exchange, orders for the
payment of money and other instruments of a like nature may be made, signed,
drawn, accepted or endorsed, as the case may be, by such officer or officers,
person or persons as the Board may by resolution from time to time name for
that purpose.
Cheques, promissory notes, bills of exchange, orders for the payment of money
and other negotiable paper may be endorsed for deposit to the credit of the
Company’s bank account by such officer or officers, person or persons, as the
Board may by resolution from time to time name for that purpose, or they may be
endorsed for such deposit by means of a stamp bearing the Company’s name.
BORROWING POWER OF DIRECTORS
83.
3311375.1
The Board may from time to time:
(a)
authorize the borrowing of money upon the credit of the Company by
obtaining loans or advances or by way of overdraft or otherwise;
(b)
authorize the sale or pledge of any securities owned by the Company,
including, without limitation, bonds, debentures or debenture stock, for
such sums or on such terms and at such prices as they may deem
expedient; and
(c)
authorize the assignment, transfer, conveyance, hypothecation,
mortgaging, pledge, charge or giving security in any manner, upon all or
any of the real or personal, moveable or immoveable property, rights,
powers, choses in action, or other assets, present or future or the
Company to secure any such securities or other securities of the
Company, or any money borrowed or to be borrowed or any obligations or
liabilities as aforesaid or otherwise of the Company heretofore are, now or
hereafter made or incurred directly or indirectly or otherwise.
- 26 EXECUTION OF INSTRUMENTS
84.
Any two officers of the Company shall have authority to sign in the name and on
behalf of the Company all instruments in writing in the ordinary course of
business having a value of less than $25,000. Instruments in writing out of the
ordinary course of business and instruments in writing in the ordinary course of
business having a value of $25,000 or more shall be signed by one officer and
the President and Chief Executive Officer (or in his or her absence, by one
director of the Company). Any instruments in writing so signed shall be binding
upon the Company without any further authorization or formality. The Board
shall have power from time to time by resolution to appoint any other officer or
officers or any person or person on behalf of the Company to sign specific
instruments in writing. The corporate seal may, when required, be affixed to any
instruments in wring.
The term “instruments in writing” as used herein shall, without limiting the
generality thereof, include contracts, documents, deeds, mortgages, hypothecs,
charges, conveyances, transfers and assignments of property (real or personal,
immovable or movable), agreements, tenders, releases, proxies, receipts and
discharges for the payment of money or other obligations, conveyances,
transfers and assignments of shares, stocks, bonds, debentures or other
securities and all paper writings.
INVESTMENTS
85.
Funds of the Company not immediately required may be invested and reinvested
in any investments that may from time to time be authorized investments for joint
stock insurance companies under the Act and the Insurance Act (Ontario).
CUSTODY OF SECURITIES
86.
The directors may from time to time by resolution provide for the deposit and
custody of securities of the Company.
FISCAL YEAR
87.
The fiscal year of the Company shall terminate on the 31st day of December in
each year.
INTERPRETATION
88.
3311375.1
In all by-laws of the Company where the context so requires or permits, the
singular shall include the plural and the plural the singular; the word “person”
shall include firms and corporations, and the masculine gender shall include the
feminine and neuter genders; and wherever reference is made to “Chair” or
“Chairperson” it shall mean “Chairman” as such term is used in the Act and
wherever reference is made to the “Corporations Act” or the “Act”, it shall mean
the Corporations Act (Ontario), and every other act or statute incorporated
- 27 therewith or amending the same, or any act or statute substituted therefor, and in
the case of such substitution the reference in the by-laws of the Company to nonexisting acts or statutes shall be read as referring to the substituted provisions in
the new act or statute.
AMENDMENTS TO BY-LAWS
89.
Enactment of By-Laws. By-Laws may be passed, amended or revoked by the
Board from time to time in accordance with and subject to the provisions of the
Act.
90.
Effect. A By-law or an amendment passed by the Board, unless in the meantime
it is confirmed at a general meeting of the shareholders of the Company duly
called for that purpose, is effective only until the next annual meeting of the
shareholders of the Company, unless confirmed by them thereat, and if not so
confirmed by the shareholders of the Company, the By-law or the amendment
ceases to have effect at and from the date of the annual meeting and in that
case, no new By-law of the same or like substance has an effect until it is first
confirmed at a general meeting of the shareholders.
91.
Shareholder Confirmation. The shareholders at a shareholders’ meeting may
confirm, reject, amend or otherwise deal with any By-law or amendment passed
by the Board and submitted to the shareholders for confirmation, but no act done
or right acquired under such By-law that has been approved pursuant to the Act
is prejudicially affected by any such rejection, amendment or other dealing.
REPEAL OF PRIOR BY-LAWS
92.
Repeal. Subject to the provisions of sections 93 and 94 hereof, all prior by-laws,
resolutions and other enactments of the Company heretofore enacted or made
are repealed.
93.
Exception. The provisions of section 92 shall not extend to any by-law or
resolution heretofore enacted for the purpose of providing to the Board the power
or authority to borrow.
94.
Proviso. Provided however that the repeal of prior by-laws, resolutions and other
enactments shall not impair in any way the validity of any act or thing done
pursuant to any such repealed by-law, resolution or other enactment.
ENACTED as a By-law of the Company and passed by the Board of Directors the 16th
day of April, 2009.
President and Chief Executive Officer
3311375.1
Secretary
- 28 RESOLVED that the foregoing By-Law No. 2009-1 of the by-laws of the Company is
hereby confirmed.
The undersigned, being the sole voting shareholder of PRO-DEMNITY INSURANCE
COMPANY, hereby signs the foregoing resolution.
DATED the 6th day of May, 2009.
By:
Name:
Title:
By:
Name:
Title:
3311375.1
VISION AND MISSION
The following vision and mission will guide the operations of the Company:
(a)
(b)
3311375.1
The Company recognizes that it is in the best interests of the Company
that the Company conducts its affairs:
(i)
on a not-for-profit basis for the professional liability insurance for
Ontario architects mandated by the Architects Act (Ontario) and its
regulations; and
(ii)
on a commercially prudent basis in respect of other business, in
particular complying with the requirements of regulatory authorities
and sound underwriting practices.
Net income in excess of surplus funds retained for the operation of the
Company, shall be utilized by the Company as follows (in no particular
order of priority):
(i)
to increase the capitalization of the Company as required by the
actuary of the Company or the applicable regulatory authorities;
(ii)
to purchase reinsurance to address extraordinary losses;
(iii)
to develop and maintain education, risk management and research
programs to reduce the exposure of Ontario architects to
professional liability claims; and
(iv)
to reduce the premiums payable by architects for professional
liability insurance mandated by the Architects Act (Ontario) and its
regulations.
(c)
The coverages and insurance premiums payable by Ontario architects for
professional liability insurance mandated by the Architects Act (Ontario)
and its regulations will be consistent with the practices of the Indemnity
Plan prior to establishment of the Company;
(d)
Ontario architects purchasing insurance from the Company will be treated
in an equal and equitable manner with no benefit being provided to one
Ontario architect which would not be given to another Ontario architect;
(e)
In undertaking other business to be conducted on a commercially prudent
basis, the Company must first be assured that the risk does not unduly
expose the capitalization of the Company;
(f)
The Company will provide its services with an emphasis on policy holder
satisfaction;
- ii -
3311375.1
(g)
The Company will keep the Ontario Association of Architects fully
informed of material changes in the terms, conditions and premiums of the
professional liability insurance for Ontario architects mandated by the
Architects Act (Ontario) and its regulations;
(h)
The Company will:
(i)
provide professional liability insurance to Ontario architects
required by the Architects Act (Ontario) and its regulations;
(ii)
offer to sell increased limits of liability to the mandatory professional
liability insurance under subparagraph (h)(i); and
(iii)
make arrangements to offer to sell enhanced coverages to
supplement the increased limits of liability to the mandatory
professional liability insurance under subparagraph (h)(ii);
(i)
The Company will increase its ability to address extraordinary losses
thereby providing greater protection and confidence to the public and
Ontario architects;
(j)
The Company will attempt to develop additional sources of revenue
necessary to finance its ability to address extraordinary losses and provide
education, risk management and research programs to reduce the
exposure of Ontario architects to professional liability claims;
(k)
The Company will manage all risks relating to its business, through the
adoption of appropriate strategies and internal controls consistent with
insurance industry norms;
(l)
The Company will develop a strategic plan which is consistent with the
maintenance of a viable business and which preserves the value of the
business; and
(m)
The Board is responsible for determining and implementing the
appropriate balance among the foregoing principles and for causing the
Company to conduct its affairs in accordance with the same.
AMENDED AND RESTATED BY-LAW NO. 2009-1
being a by-law relating generally to
the transaction of the business and
affairs of the Company
WHEREAS :
A.
the Board of Directors of the Corporation passed By-law No. 2005-1 on
September 13, 2005, which was confirmed by the sole voting shareholder on
May 10, 2006.
B.
the Board of Directors passed By-Law No. 2008-1 (which replaced By-Law No.
2005-1) on June 2, 2008, which was confirmed by the sole shareholder on June
12, 2008;
AND WHEREAS C. it has been determined to amend certain provisions of By-law No.
20052008-1;
AND WHEREAS D. it is in the best interests of the Corporation to consolidate the
amendments into an amended and restated By-law No. 20082009-1;
BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of PRO-DEMNITY
INSURANCE COMPANY (hereinafter called the “Company”) that:
DEFINITIONS
1.
In this By-law, the following terms will have the meanings set out below:
“Act” means the Corporations Act (Ontario), as such statute may be amended or
reenacted from time to time;
“Board” means the board of directors of the Company;
“body corporate” means a firm, partnership, unincorporated association, joint
venture, corporation, bank, trust, pension fund, union, governmental agency,
board, tribunal, ministry or commission or other legal entity of any kind
whatsoever, but excludes an individual or natural person;
“Business Plan” means a twelve month business plan and budget for the
Company prepared by management of the Company and approved in
accordance with paragraph 7069;
“Chair” means the director of the Company appointed as Chair of the Board by
the Board;
“Council” means the governing council of the Ontario Association of Architects;
2223841.33311375.1
3311700.1
-2”Ex-Officio” means by virtue of office and includes all of the rights and obligations
of office, including the right to vote, unless otherwise provided;
“Family Member” means the Spouse, parent, child, brother or sister of any
person, and the Spouse of any such child, parent, brother or sister;
“Financial Statements” means, for any particular period, audited or unaudited (as
stipulated in this By-law), financial statements of the Company consisting of not
less than a balance sheet, a statement of income and retained earnings, a
statement of changes in financial position, a report or opinion of the Auditor (in
the case of audited Financial Statements) and such other statements, reports,
notes and information prepared in accordance with generally accepted
accounting principles (consistently applied) and as are required in accordance
with any applicable law;
“person” means an individual, a natural person or a body corporate;
“President and Chief Executive Officer” means the president and chief executive
officer of the Company;
“Regulator” means the Ontario Superintendent of Insurance and each other
governmental or regulatory authority having jurisdiction over the Company;
“Spouse” has the meaning ascribed to such term in the Family Law Act (Ontario);
“Vice-Chair” means the director of the Company appointed as Vice-Chair of the
Board by the Board;
“Vision and Mission” means any statement of vision and mission as may be
determined by the Company from time to time.
HEAD OFFICE
2.
The head office, of the Company shall be in the City of Toronto, in the Province
of Ontario and at such place therein as the directors of the Company may from
SEAL
3.
The corporate seal of the Company shall be in the form impressed in the margin
hereof.
DIRECTORS
4.
Number and Quorum. Until changed by special resolution, the number of the
directors of the Company shall be thirteen of whom seven shall constitute a
quorum for the transaction of business at any meeting of the directors; provided
that no less than fifty percent (50%) of a quorum shall consist of members of the
3311700.1
2223841.33311375.1
-3Ontario Association of Architects. Notwithstanding vacancies in the Board, the
remaining directors may exercise all the powers of the Board so long as a
quorum of the Board remains in office.
5.
Qualification. The qualification of a director shall be the holding at the time of
his or her election or appointment, and throughout his or her term of office, in his
or her own name and for his or her own use and absolutely in his or her own right
shares of the capital stock of the Company upon which at least $500 has been
paid in and upon which all calls and instalments due have been paid in cash, and
no person is eligible to become or shall be elected or appointed a director unless
all liabilities incurred by him or her to the Company are paid in full in cash. Each
director shall be at least 18 or more years of age.
6.
Composition, Election and Term of Office. Each of the President and Chief
Executive Officer of the Company and the Senior Vice-President of the Ontario
Association of Architects shall be an ex officio member of the Board. The Board
shall also consist of no less than six members of the Ontario Association of
Architects, no less than two of whom are members of the Council. In selecting
directors, the shareholders shall consider candidates nominated by the
Governance and Nomination Committee, but shall not be obliged to select such
candidates. Apart from the President and Chief Executive Officer and the Senior
Vice-President of the Ontario Association of Architects, the directors shall be
elected yearly at the annual meeting of the shareholders and shall hold office
until the annual meeting next following. Apart from the President and Chief
Executive Officer and the Senior Vice-President of the Ontario Association of
Architects, the whole Board shall be elected at each annual meeting and all the
directors then in office shall retire, but, if qualified, shall be eligible for re-election.
The election may be by a show of hands or by resolution of the shareholders
unless a ballot be demanded by any shareholder. If an election of directors is not
held at the proper time, the directors then in office shall continue in office until
their successors are elected.
7.
Vacancies. So long as there is a quorum of directors in office, any vacancy
occurring in the Board may be filled for the remainder of the term by the
directors.
8.
Vacation of Office. The office of any director shall be vacated (a) if he or she
becomes bankrupt or suspends payment or compounds with his or her creditors
or makes an authorized assignment or is declared insolvent; (b) if he or she is
found to be a mentally incompetent person or becomes of unsound mind; (c) if he
or she ceases to hold the number of shares necessary to qualify him or her for
his or her office of director; or (d) if by notice in writing to the Company he or she
resigns his or her office of director.
9.
Removal of Directors. The shareholders may, by resolution passed by at least
two-thirds of the votes cast at a general meeting of shareholders of which notice
specifying the intention to pass such resolution has been given, remove any
3311700.1
2223841.33311375.1
-4director before the expiration of his or her term of office and may, by a majority of
the votes cast at that meeting, elect any person in his or her stead for the
remainder of his or her term.
10.
Powers. The Board shall have full power and authority to manage and control
the affairs and business of the Company.
11.
Duties of the Board of Directors. Each Director shall comply with the
provisions of the Act and the by-laws and shall exercise the powers and
discharge the duties of his or her office honestly and in good faith and shall
exercise the same degree of care, diligence and skill that a reasonable and
prudent person would exercise in comparable circumstances in furtherance of
the objects of the Company. Each Director shall:
(a)
familiarize himself or herself with the Act, the Architects Act (Ontario), the
Insurance Act (Ontario) and the by-laws and with such other records and
documents as may be necessary as background knowledge for the
purpose of performing the duties of his or her office;
(b)
attend every meeting of the Board and take part in the discussions and
decisions taken at each meeting unless unavoidably detained by illness,
urgent prior commitment or other emergency;
(c)
serve on the Committees which the Board may appoint;
(d)
be present at and participate in the Annual Meeting or General Meetings;
(e)
provide liaison personally or as an alternate to at least one Committee or
task force, the meetings of which he or she shall attend unless
unavoidably detained by illness, urgent prior commitment or other
emergency;
(f)
provide guidance to such Committee or task force and its chairman
whenever necessary and, if requested, prepare a written report for the
next meeting of the Board as to the activities, concerns and intentions of
the Committee or task force;
(g)
perform such duties as may be requested by the Board with respect to
liaison with other organizations and to act as a representative on joint
Committees and task forces and at other functions;
(h)
disclose any interest he or she may have, other than as a Director, in any
matter coming before the Board, a Committee or task force and thereafter
withdraw from the meeting and not vote or be counted in the quorum in
respect of such matter;
(i)
ensure that confidential matters coming to his or her attention as a
Director are not disclosed by him or her except as required for the
3311700.1
2223841.33311375.1
-5performance of his or her duties or as may be directed by the Board and
preserve secrecy with respect to all matters that come to his or her
knowledge in the course of his duties in accordance with the Act;
12.
13.
(j)
devote whatever time is reasonably necessary to properly perform his or
her duties as a Director; and
(k)
perform such other duties as from time to time may be agreed upon
between him or her and the Board.
Principles of Governance.
(a)
For the purposes of this By-Law, governance is defined as the process of
governing the Company through the direction and monitoring of the
business affairs of the Company, in accordance with its letters patent,
supplementary letters patent, By-laws and all appropriate legislation.
(b)
The Board shall be governed by the following Principles of Governance:
(i)
The Board is responsible for the governance of the Company;
(ii)
The Board provides strategic leadership in the establishment of and
commitment to the Company’s Vision and Mission;
(iii)
The Board acts in the best interests of the Company in carrying out
its responsibilities;
(iv)
The Board is cognizant of the insurance needs of Ontario
architects;
(v)
The Board strives for consensus on all issues but a majority vote
will govern; and
(vi)
The Board provides policy leadership and does not engage in dayto-day operational matters, except as required by law or fiduciary
obligations, maintaining at all times a clear distinction between
Board and staff roles.
Responsibilities of the Board of Directors. The Board shall:
(a)
adhere to the Principles of Governance in conducting the business of the
Board;
(b)
be guided by the Company’s Vision and Mission;
(c)
engage a President and Chief Executive Officer and set and approve his
or her compensation; and
3311700.1
2223841.33311375.1
-6(d)
14.
15.
satisfy itself that the policies of the Company approved by the Board are
reflected in the organization’s practices.
Responsibilities of Individual Directors. In contributing to the achievement of
the responsibilities of the Board as a whole, each director shall:
(a)
adhere to the Principles of Governance and be guided by the Vision and
Mission of the Company;
(b)
work positively, co-operatively and respectfully as a member of the team
with other directors and with the Company’s management and staff;
(c)
declare any conflict of interest;
(d)
respect and abide by Board decisions and processes established by the
Board for external communication;
(e)
maintain a strong attendance record and be available to serve on a
committee;
(f)
complete the necessary background preparation in order to participate
effectively in meetings of the Board and its committees;
(g)
keep informed about matters relating to the Company and the community
it serves;
(h)
participate in initial director orientation and on-going Board education;
(i)
participate in any evaluation of overall Board effectiveness; and
(j)
represent the Board, when requested, in activities within the Company and
in external activities with other organizations.
Meetings of Directors. Meetings of the Board may be held at the head office of
the Company or at any other place within or outside of Ontario.
Such meetings may be held at any time without formal notice being given if all
the directors are present, or if a quorum is present and those directors who are
absent have signified their consent in writing, or by any form of electronic
communication, to the holding of the meeting in their absence, and any resolution
passed, or proceeding had, or action taken at such meeting shall be as valid and
effectual as if it had been passed at or had or taken at a meeting duly called and
constituted, and any minutes of any such meeting signed by all the directors shall
be as valid as if such meeting had been duly called and held.
The Chair of the Board, the President and Chief Executive Officer or any two
directors may at any time, and the Secretary at the direction of the Chair of the
Board, the President and Chief Executive Officer, or any two directors, shall
3311700.1
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-7convene a meeting of directors. Notice of such meeting shall be delivered or
mailed or sent by any form of electronic communication to each director not less
then seven (7) days before the meeting is to take place.
Notice of any meeting or any irregularity in any meeting or the notice thereof may
be waived by any director.
After the election of directors at a meeting of shareholders, for the first meeting of
the Board to be held immediately following such meeting, or in the case of a
director appointed to fill a vacancy on the Board, for the meeting at which the
appointment is made, no notice of such meeting shall be necessary to the newly
elected or appointed director or directors in order to validly constitute the
meeting, provided a quorum of directors be present.
The Board may appoint a day or days in any month or months for regular
meetings of the Board and shall designate the place and time at which such
meetings are to be held. A copy of any resolution of the Board fixing the place
and time of regular meetings of the Board shall be sent to each director forthwith
after being passed, and no other notice shall be required for any such regular
meeting.
16.
Minimum Number of Meetings. There shall be not less than four meetings of
the Board in each year.
17.
Resolutions in Writing. Subject to the Act, a resolution in writing, signed by all
the Directors entitled to vote on that resolution at a meeting of Directors or
Committee of Directors, is as valid as if it had been passed at a meeting of
Directors or Committee of Directors called, constituted and held for that purpose.
18.
Meetings by Telephone Conference or Other Communications Facilities.
(a)
If all Directors, or all members of a Committee (as the case requires)
consent thereto generally or in respect of a particular meeting and each
has adequate access, Directors may participate in a meeting of the Board
or of a Committee by means of such conference telephone or other
communications facilities as permit all persons participating in the meeting
to hear each other, and a Director participating in such a meeting by such
means is deemed to be present at the meeting; and
(b)
Provided further that at the outset of each meeting referred to in
subparagraph 18.(a), the chairman of the meeting shall call roll to
establish quorum and whenever votes are required, and unless a majority
of the Directors present at such meeting otherwise require, adjourn the
meeting to a predetermined date, time and place whenever not satisfied
that the proceedings of the meeting may proceed with adequate security
and confidentiality.
3311700.1
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-819.
Those to be Present. Except by invitation or with the consent of the Board, no
persons other than Directors shall be present at the meetings of the Board;
provided, however, that a Vice-President of the Company shall be entitled to
attend and participate (but not vote at) meetings of the Board or any Committee.
20.
Validity of Actions. The transactions of the Board or of any Committee are
valid notwithstanding the disqualification of any member thereof through any
defect or irregularity in his election or appointment. No error or omission in giving
notice for a meeting of the Board shall invalidate such meeting, and any Director
may at any time waive notice of any such meeting and may ratify or approve any
or all of the proceedings taken or had thereat.
21.
Absent Directors. Any director of the Company who may be resident either
temporarily or permanently outside of the Province of Ontario may file with the
Secretary of the Company a written waiver of notice of any meetings of the
directors and may at any time withdraw such waiver, and until such waiver shall
be withdrawn, no notice of meetings of directors shall be sent to such director,
and any and all meetings of the directors of the Company shall (providing a
quorum of directors be present) be validly constituted notwithstanding that notice
shall not have been given to such director.
22.
Voting at Meetings. Questions arising at any meeting of directors shall be
decided by a majority of votes. In the case of an equality of votes, the
chairperson of the meeting shall not have a second or casting vote.
23.
Review of Decisions. No question or matter that has been decided by a majority
of votes at a meeting of the Board in a calendar year shall be reviewed or reexamined at any subsequent meeting of the Board in the same calendar year
unless at least two-thirds of the Directors present at that subsequent meeting
agree to do so.
24.
Remuneration. The Directors shall be paid such remuneration as the Board
shall from time to time, by resolution determine.
25.
Confidentiality and Public Relations.
(a)
Every director, officer and every employee of the Company shall respect
the confidentiality of matters brought before the Board or before any
committee of the Board or relating to the Company, or any matter dealt
with in the course of the employee’s employment activities in the
Company; provided, however, that any matters brought before the Board
or before any Committee of the Board or relating to the Company may be
reported to the shareholders of the Company.
(b)
The Chair of the Board or the President and Chief Executive Officer is
responsible for Board communication and may delegate authority to one
or more directors, officers or employees of the Company to make
3311700.1
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-9statements to the news media on matters concerning the public brought
before the Board.
26.
Conflict of Interest.
(a)
A director of the Company who is in any way directly or indirectly
interested in a proposed contract or a contract with the Company shall
disclose in writing to the Company, or request to have entered in the
minutes of the meeting of directors, the nature and extent of his or her
interest at the time and in the manner provided by the Act and such a
director shall not vote on any resolution to approve the same;
(b)
In the case of a proposed contract, the declaration referred to in
subparagraph 26(a) shall be made at the meeting of the directors at which
the question of entering into the contract is first taken into consideration
or, if the director is not at the date of that meeting interested in the
proposed contract, at the next meeting of the directors held after he or she
becomes so interested, and, in a case where the director becomes
interested in a contract after it is made, the declaration shall be made at
the first meeting of the directors held after he or she becomes so
interested;
(c)
A general notice given to the directors by a director to the effect that he or
she is to be regarded as interested in any contract or proposed contract
made with any other corporation, association, agency, institution, public
authority or person, shall be deemed to be a sufficient declaration of
interest in relation to a contract so made, but no such notice is effective
until it is given at a meeting of the directors or the director takes
reasonable steps to ensure that it is brought up and read at the next
meeting of the directors after it is given;
(d)
If a director has made a declaration of his or her interest in a proposed
contract or a contract in compliance with the provisions of this section
26(d) and has not voted in respect of the contract, the director is not
accountable to the Company or to its shareholders or creditors for any
profit realized from the contract, and the contract is not voidable by
reason only of the director holding that office or the fiduciary relationship
thereby established;
(e)
Despite anything to the contrary in this section, a director is not
accountable to the Company or to any of its shareholders or creditors for
any profit realized from such contract and the contract is not by reason
only of the director’s interest therein voidable if it is confirmed by the
majority of the votes cast at a general meeting of the shareholders duly
called for that purpose and if the director’s interest in the contract is
declared in the notice calling the meeting;
3311700.1
2223841.33311375.1
- 10 (f)
27.
28.
Neither directors nor their Family Members shall enter into any proposed
contract or contract with the Company, unless the director has, in
accordance with the foregoing provisions, declared his or her interest in
the contract and refrained from voting on the matter.
Indemnity of Directors and Officers. Every director or officer of the Company
and his or her heirs, executors and administrators, and estate and effects,
respectively, shall, from time to time and at all times, be indemnified and saved
harmless out of the funds of the Company, from and against:
(a)
all costs, charges and expenses whatsoever which such director or officer
may sustain or incur In or about any action, suit or proceeding which is
brought, commenced or prosecuted against him or her, for or in respect of
any deed, matter or thing whatsoever made, done or permitted by him or
her, in or about the execution of the duties of his or her office;
(b)
all other costs, charges and expenses which he or she may sustain or
incur in or about or in relation to the affairs thereof, except such costs,
charges or expenses as are occasioned by his or her own wilful neglect or
default.
Protection of Directors and Officers. No director or officer of the Company
shall be liable for the acts, receipts, neglects or defaults of any other director or
officer or employee, or for joining in any receipt or other act for conformity, or for
any loss, damage or expense happening to the Company through the
insufficiency or deficiency of title to any property acquired by order of the Board
for or on behalf of the Company, or for the insufficiency or deficiency of any
security in or upon which any of the moneys of the Company shall be invested or
for any loss or damage arising from the bankruptcy, insolvency or tortious act of
any person, firm or corporation with whom any moneys, securities or effects of
the Company shall be deposited, or for any loss occasioned by any error of
judgment or oversight on his or her part or for any other loss, damage or
misfortune whatever which may happen in the execution of the duties of his or
her office or in relation thereto unless the same shall happen by or through his or
her own wilful neglect or default.
The directors may rely upon the accuracy of any statement or report prepared by
the Company’s auditors and shall not be responsible or held liable for any loss or
damage resulting from the payment of any dividends or otherwise acting upon
such statement or report.
The directors of the Company are hereby authorized from time to time to cause
the Company to give indemnities to any director or other person who has
undertaken or is about to undertake any liability on behalf of the Company and to
secure such director or other person against loss by mortgage and charge upon
the whole or any part of the real and personal property of the Company by way of
3311700.1
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- 11 security. Any action from time to time taken by the directors under this
paragraph shall not require approval, or confirmation by the shareholders.
Nothing in this paragraph 28 shall operate to relieve a director of the Company
from liability pursuant to section 368(11) of the Insurance Act (Ontario) or section
62 of the Act, as the same may be amended from time to time, unless such
director complies with the relieving provisions contained in such sections.
29.
Insurance. Subject to the Act, the Company may purchase and maintain such
insurance for the benefit of any person referred to in paragraph 27 hereof as the
Board may from time to time determine.
COMMITTEES
30.
31.
Committees of the Board. The Board may appoint from their number one or
more committees of the Board, however designated, and delegate to any such
committee any of the powers of the Board except powers to:
(a)
submit to the shareholders any question or matter requiring the approval
of the shareholders;
(b)
fill a vacancy among the directors or in the office of auditor or actuary or
appoint or remove the Chief Executive Officer, the chief financial officer,
the Chair or the President of the Company;
(c)
subject to the Act, issue securities except in the manner and on the terms
authorized by the directors;
(d)
declare dividends;
(e)
purchase, redeem or otherwise acquire shares issued by the Company;
(f)
approve any Financial Statements; and
(g)
adopt, amend or repeal by-laws.
Standing, Special and Advisory Committees.
(a)
3311700.1
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At the first meeting of the Board following the annual meeting, the Board
shall, if appropriate, establish the following Standing Committees:
(i)
the Finance and, Audit and Investment Committee;
(ii)
the Governance and Nomination Committee; and
(iii)
the Conduct Review Committee;
(iv)
the Investment Committee.
- 12 (b)
The Board shall appoint annually the chairs and members of the Standing
Committees. Each Standing Committee shall have no less than one (1)
member of the Ontario Association of Architects as a member;
(c)
The Board may at any meeting appoint any advisory committee or special
committee and name the Chair of the advisory committee or special
committee, and any such committee may be composed of one or more
members who are not members of the Board;
(d)
The Board shall prescribe terms of reference for any advisory committee
or special committee;
(e)
The Board may by resolution dissolve any standing committee, advisory
committee or special committee at any time.
32.
Transaction of Business. The powers of a committee of the Board may be
exercised by a meeting at which a quorum is present or by resolution in writing
signed by all members of such committee who would have been entitled to vote
on that resolution at a meeting of the committee.
33.
Quorum and Other Rules. Unless otherwise determined by the Board, each
committee shall have power to fix its quorum at not less than a majority of its
members and to regulate its procedure. To the extent that the Board or the
committee does not establish rules to regulate the procedure of the committee,
the provisions of this By-law applicable to meetings of the Board shall apply with
all necessary modifications.
34.
Procedures For Committee Meetings.
35.
(a)
Board committee meetings shall be held at the call of the Chair, the Chair
of the particular Board Committee, or at the request of the Board;
(b)
Minutes shall be kept for all Board Committee meetings, and each
committee shall report regularly to the Board;
(c)
Guests may attend Board Committee meetings at the invitation of the
Chair;
(d)
A quorum for any Board committee meeting shall be a majority of the
members of the Board committee entitled to vote.
Finance and, Audit and Investment Committee. The Finance and, Audit and
Investment Committee shall:
(a)
3311700.1
2223841.33311375.1
recommend to the Board financial policies and other parameters related to
the development of annual operating plans and major expenditures;
- 13 -
36.
(b)
review and make its recommendations to the Board in respect of the
annual operating plan and the related operating and capital budgets;
(c)
review the quarterly financial statements, review monthly highlights and
advise the Board accordingly;
(d)
make recommendations on major expenditures not foreseen in the
approved annual budget and deal with such expenditures in accordance
with established Board policy;
(e)
consider on an annual basis the scope of the audit work and actuary work
performed, or to be performed, for the Company;
(f)
recommend for presentation to the Board annual financial statements and
the related auditors’ report;
(g)
discuss with the auditors any matters arising out of the annual financial
statements;
(h)
discuss with the actuary any matters arising out of its annual report;
(i)
receive and review the auditors’ report on internal controls and related
recommendations;
(j)
evaluate the auditor’s and the actuary’s performance and recommend
appointment, reappointment or replacement; and
(k)
receive information on implications of changes in legislation related to
financial matters, and advise the Board as necessary.;
(l)
(m)
(n)
(o)
(p)
Governance and Nomination Committee.
(a)
The Governance and Nomination Committee shall:
(i)
3311700.1
2223841.33311375.1
review the By-laws and governance structure of the Company
regularly;
- 14 -
(b)
37.
(ii)
nominate persons for election to the Board to fill any vacancies on
the Board;
(iii)
nominate persons for election to the Board at the annual
shareholders meeting;
(iv)
nominate persons for appointment as officers of the Company;
(v)
nominate directors to serve as Chair and members of the Standing
Committees of the Board;
(vi)
consult with the Chair in naming directors to Committees not
otherwise provided for in the By-laws of the Company; and
(vii)
establish procedures for the annual review of the overall
performance of the Board in relation to the Vision and Mission of
the Company.
In selecting persons as nominees for election to the Board, the Committee
shall:
(i)
give due regard to the qualifications of candidates including
experience or knowledge with respect to architecture, insurance
companies or boards of major corporations or other commercial
enterprises, corporate finance and financial services, government
and corporate governance, law, engineering, construction
development or real estate, market development, information
systems and public policy issues and laws relating to the Company
and the insurance industry;
(ii)
consider the names of all persons submitted as nominees in
accordance with this By-law;
(iii)
consider the potential contribution of any person nominated in
relation to the function of the Company; and
(iv)
adhere to the qualifications provided for in paragraph 5 of this Bylaw.
Conduct Review Committee. The Conduct Review Committee shall:
(a)
review the practices of the Company to ensure that any transactions with
related parties of the Company that may have a material effect on the
stability or solvency of the Company are identified;
(b)
monitor and make recommendations to the Board with respect to
compliance with procedures established by the Board to resolve conflicts
of interest, including techniques for the identification of potential conflict
3311700.1
2223841.33311375.1
- 15 situations and monitor compliance with procedures established by the
Board for restricting the use of confidential information;
38.
(c)
monitor compliance with procedures established by the Board to provide
disclosure of information to customers of the Company and for dealing
with customer complaints and review and recommend to the Board
appropriate procedures to provide disclosure of information to customers
of the Company and for dealing with customer complaints;
(d)
report to the Board on all transactions and other matters reviewed by the
committee;
(e)
perform such further and other duties as are imposed by statute or
regulation applicable to the Company on a committee of the Board
performing similar duties; and
(f)
review and make recommendations to the Board concerning the
remuneration of directors and officers of the Company.
Investment Committee. The Investment Committee shall:
(a)
(b)
(c)
(d)
(e)
OFFICERS
38.
39. General. The officers of the Company shall be a Chair of the Board, a ViceChair, a President and Chief Executive Officer, a Secretary and, if deemed
advisable, one or more Vice-Presidents, a Treasurer, an Assistant-Secretary
and/or an Assistant-Treasurer and such other officers as the Board may from
39.
40. Elected Officers. The Board at its first meeting after its election shall elect a
Chair and a Vice-Chair of the Board, from among its members. In default of such
election the then incumbents, if members of the Board, shall each hold office until
his or her successor is elected. A vacancy occurring from time to time in the
office of Chair or Vice-Chair of the Board may be filled by the Board from among
its members.
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- 16 40.
41. Appointed Officers. The Board shall appoint a President and Chief
Executive Officer and a Secretary and may appoint one or more Vice-Presidents,
a Treasurer and such other officers as the Board may determine including one or
more assistants to any of the officers so appointed. The officers so appointed
may but need not be members of the Board. One person may hold more than
one office, and if the same person holds both the office of Secretary and
Treasurer, he or she shall be known as the Secretary Treasurer.
41.
42. Remuneration, Removal and Delegation of Duties. The Board may fix the
remuneration to be paid to officers, agents, employees of the Company and shall
fix the remuneration and terms of employment of all officers elected or appointed
by the Board. Any officer, agent, servant or employee of the Company may
receive such remuneration as may be determined notwithstanding the fact that
he or she is a director or shareholder of the Company. All officers, in the
absence of written agreement to the contrary, shall be subject to removal by
resolution of the Board at any time with or without cause. In case of the absence
or inability to act of the Chair, the Vice-Chair, the President, a Vice-President or
of any other officer of the Company or for any other reason that the Board may
deem sufficient, the Board may delegate all or any of the powers of such officer
to any other officer or to any director for the time being.
42.
43. Chair and Vice-Chair of the Board. The Chair of the Board shall preside at
any or all meetings of the Board and shall exercise general supervision over the
financial affairs of the Company. The Vice-Chair shall have all the powers and
perform all the duties of the Chair in the absence or disability of the Chair and
shall perform any other duties assigned by the Chair or the Board.
43.
44. The President. The President shall be the chief executive officer of the
Company and shall be charged with the general supervision of the business of
the Company involving the planning, organizing, execution and monitoring of all
aspects of the business including, but not limited to, underwriting, claims,
reinsurance, finance, investments, marketing and human resources. The
President shall, in the absence of the Chair of the Board, preside at all meetings
of the directors of the Company. He or she shall sign all instruments which
require his or her signature and shall perform all duties incident to his or her
office and shall have such other powers and duties as may from time to time be
assigned to him or her by the Board. The President shall also:
(a)
serve as an ex-officio member of the Board and all additional or special
Committees and attend such meetings as may from time to time be
required;
(b)
call meetings of shareholders, meetings of the Board and meetings of
Committees;
3311700.1
2223841.33311375.1
- 17 (c)
be the custodian of the seal of the Company and of all books, papers,
records, correspondence, contracts and other documents belonging to the
Company; and
(d)
record the proceedings at all meetings of shareholders, all meetings of the
Board and all meetings of the Committees, and enter the same in a book
kept for that purpose.
44.
45. Vice-President. During the absence or disability of the President, his or her
duties may be performed and his or her powers may be exercised by the VicePresident (if any), or if there are more than one, by the Vice-Presidents in order
of seniority (as determined by the Board), save that no Vice-President shall
preside at a meeting of the Board or at a meeting of shareholders who is not
qualified to attend the meeting as a director or shareholder, as the case may be.
If a Vice-President exercises any such duty or power, the absence or disability of
the President shall be presumed with reference thereto. A Vice-President shall
also perform such duties and exercise such powers as the Chairperson of the
Board or the President may from time to time delegate to him or her or the Board
may prescribe.
45.
46. Secretary. The Secretary shall give, or cause to be given, all notices
required to be given to shareholders, directors, auditors and members of
committees; he or she shall attend all meetings of the directors and of the
shareholders and shall enter or cause to be entered in books kept for that
purpose minutes of all proceedings at such meetings; he or she shall be the
custodian of the stamp or mechanical device generally used for affixing the
corporate seal of the Company and of all books, papers, records, documents and
other instruments belonging to the Company; and he or she shall perform such
other duties as may from time to time be prescribed by the Board.
46.
47. Treasurer. The Treasurer shall keep proper books of account and
accounting records with respect to all financial and other transactions of the
Company and, under the direction of the Board, shall control the deposit of
money, the safekeeping of securities and the disbursement of the funds of the
Company; he or she shall render to the Board at the meetings thereof, or
whenever required of him or her, an account of all his or her transactions as
Treasurer and of the financial position of the Company; and he or she shall
perform such other duties as may from time to time be prescribed by the Board.
47.
48. Assistant Secretary and Assistant Treasurer. The Assistant Secretary (if
any) and the Assistant Treasurer (if any) or, if more than one, the Assistant
Secretaries and the Assistant Treasurers, shall respectively perform all the duties
of the Secretary and Treasurer in the absence or disability of the Secretary or
Treasurer, as the case may be. The Assistant Secretary and the Assistant
Treasurer shall also have such powers and duties as may from time to time be
assigned to them by the Board.
3311700.1
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- 18 48.
49. Other Officers. The duties of all other officers of the Company shall be such
as the terms of their engagement call for or the Board requires of them. Any of
the powers and duties of an officer to whom an assistant has been appointed
may be exercised and performed by such assistant, unless the Board otherwise
directs.
49.
50. Variation of Duties. The Board may, from time to time, vary, add to or limit
the powers and duties of any officer or officers.
50.
51. Agents and Attorneys. The Board shall have power from time to time to
appoint agents or attorneys for the Company in or out of Ontario with such
powers of management or otherwise (including the power to sub-delegate) as
may be thought fit.
51.
52. Fidelity Bonds. The Treasurer and each other officer having charge of the
money of the Company shall give security consisting of the bond of a licensed
guarantee Insurance or surety company in an amount not less than $100,000.
The Board may require such other officers, employees and agents of the
Company as the Board deems advisable to furnish bonds for the faithful
discharge of their duties, in such form and with such surety as the Board may
from time to time prescribe, and no director shall be liable for failure to require
any bond or for the insufficiency of any bond or for any loss by reason of the
failure of the Company to receive any indemnity thereby provided.
MEETING OF SHAREHOLDERS
52.
53. Annual Meeting. The annual meeting of the shareholders shall be held at
such place within Ontario or at such other place (if any) as may be designated by
the letters patent or supplementary letters patent on such day in each year and at
such time as the Board, or the Chair of the Board, or the President and Chief
Executive Officer may from time to time determine, for the purpose of hearing
and receiving the reports and statements required by the Act to be read at and
laid before the Company at an annual meeting, electing directors, appointing the
auditor and the actuary and fixing or authorizing the Board to fix his or her
remuneration, and for the transaction of such other business as may properly be
brought before the meeting.
53.
54. General Meeting. The Board or the Chair of the Board or the President and
Chief Executive Officer or a Vice-President who is a director shall have power at
any time to call a general meeting of the shareholders of the Company to be held
at such time and at such place within Ontario or at such other place (if any) as
may be designated in the letters patent or supplementary letters patent as may
be determined by the Board or the person calling the meeting. The phrase
“general meeting of the shareholders” wherever it occurs in this by-law shall
include a meeting of any class or classes of shareholders as well as a general
meeting of shareholders; and the phrase “meeting of shareholders” wherever it
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2223841.33311375.1
- 19 occurs in this by-law shall mean and include an annual meeting of shareholders
and a general meeting of shareholders.
54.
55. Notices. Notice of the time and place of each meeting of shareholders shall
be given not less than ten days before the day on which the meeting is to be
held, to the auditor of the Company and to each shareholder of record at the
close of business on the day on which the notice is given who is entered on the
books of the Company as the holder of one or more shares carrying the right to
vote at the meeting. Notice of a general meeting of shareholders shall state the
general nature of the business which is to be transacted at such meeting. A
meeting of shareholders may be held at any time without notice if all the
shareholders entitled to vote thereat are present in person or represented by
proxy or those not so present or represented by proxy have waived notice and if
the auditor is present or has waived such notice, and at such meeting any
business may be transacted which the Company at an annual or general meeting
of the shareholders may transact.
55.
56. Persons Entitled to be Present. The only persons entitled to attend a
meeting of shareholders shall be those entitled to vote thereat and the auditor
and the actuary of the Company and others who although not entitled to vote are
entitled or required under any provision of the Act or the letters patent,
supplementary letters patent or by-laws of the Company to be present at the
meeting. Any other person may be admitted only on the invitation of the
chairperson of the meeting or with the consent of the meeting.
56.
57. Quorum. One person present in person and entitled to vote thereat shall
constitute a quorum for the transaction of business at any meeting of
shareholders.
57.
58. Right to Vote. At each meeting of shareholders every shareholder shall be
entitled to vote who is at the proper time entered in the books of the Company as
the holder of one or more shares carrying the right to vote at such meeting and
who is not in arrears in respect of any call save that, if the share or shares in
question have been mortgaged or hypothecated, the person who mortgaged or
hypothecated such share or shares may nevertheless represent the shares at
meetings and vote in respect thereof unless in the instrument creating the
mortgage or hypothec he or she has expressly empowered the holder of such
mortgage or hypothec, to vote thereon, in which case the holder of such
mortgage or hypothec (or his or her proxy) may attend meetings and vote in
respect of such shares upon filing with the secretary of the meeting sufficient
proof of the terms of such instrument.
58.
59. Representatives. An executor, administrator, committee of a mentally
incompetent person, guardian or trustee and where a corporation is such
executor, administrator, committee, guardian or trustee of a testator, intestate,
mentally incompetent person, ward or cestui que trust, any person duly
appointed a proxy for such corporation, upon filing with the secretary of the
3311700.1
2223841.33311375.1
- 20 meeting sufficient proof of his or her appointment, shall represent the shares in
his or her or its hands at all meetings of the shareholders of the Company and
may vote accordingly as a shareholder in the same manner and to the same
extent as the shareholder of record.
59.
60. Proxies. Every shareholder, including a corporate shareholder, entitled to
vote at meetings of shareholders may by instrument in writing appoint a proxy,
who need not be a shareholder, to attend and act at the meeting in the same
manner, to the same extent and with the same power as if the shareholder were
present at the meeting. The instrument appointing a proxy shall be in writing
under the hand of the appointor or of his or her attorney, authorized in writing, or
if the appointor is a corporation, under the corporate seal or under the hand of an
officer or attorney so authorized and shall cease to be valid after the expiration of
one year from the date thereof.
60.
61. Form of Proxy. The instrument appointing a proxy may be in the following
form or in any other form which may be prescribed from time to time by the Board
or which the chairperson of the meeting may accept as sufficient, provided that
such other forms comply with the provisions of the Act.
I,
DATED this
of
a shareholder of
hereby appoint
of
as my proxy to vote for me and on my behalf at the
meeting of the Company, to be held on the
day of
and at any adjournment thereof.
day of
.
Signature of Shareholder
Instruments appointing a proxy shall be deposited with the secretary of the
meeting before any vote is cast under the authority thereof or at such earlier time
and in such manner as the Board may prescribe in accordance with the Act.
61.
62. Votes to Govern. At all meetings of shareholders every question shall,
unless otherwise required by the Act, the letters patent, supplementary letters
patent or by-laws of the Company be decided by the majority of the votes duly
cast on the question.
62.
63. Show of Hands. At all meetings of shareholders every question shall be
decided by a show of hands unless a poll thereon be required by the chairperson
or be demanded by any shareholder present in person or represented by proxy
and entitled to vote. Upon a show of hands every shareholder present in person
and entitled to vote shall have one vote, but a shareholder represented by proxy
3311700.1
2223841.33311375.1
- 21 shall have no vote. After a show of hands has been taken upon any question the
chairperson may require or any shareholder present in person or represented by
proxy and entitled to vote may demand a poll thereon. Whenever a vote by show
of hands shall have been taken upon a question, unless a poll thereon be so
required or demanded, a declaration by the chairperson of the meeting that the
vote upon the question has been carried or carried by a particular majority or not
carried and an entry to that effect in the minutes of the proceedings at the
meeting shall be prima facie evidence of the fact without proof of the number or
proportion of the votes recorded in favour of or against any resolution or other
proceeding in respect of the said question, and the result of the vote so taken
shall be the decision of the Company in annual or general meeting, as the case
may be, upon the question. A demand for a poll may be withdrawn at any time
prior to the taking of the poll.
63.
64. Polls. If a poll be required by the chairperson of the meeting or he
demanded by any shareholder present in person or represented by proxy and
entitled to vote and the demand be not withdrawn, a poll upon the question shall
be taken in such manner as the chairperson of the meeting shall direct. Upon a
poll such shareholder who is present in person or represented by proxy shall be
entitled to one vote for each share in respect of which he or she is entitled to vote
at the meeting and the result of the poll shall be the decision of the Company in
annual or general meeting, as the case may be, upon the question.
64.
65. Adjournment of Meetings.
The Chairperson of any meeting of
shareholders may, with the consent of the meeting and subject to such
conditions as the meeting may decide, adjourn the same from time to time and
no notice of such adjournment need be given to the shareholders except that
when a meeting is adjourned for thirty days or more, notice of the adjourned
meeting shall be given as in the case of an ordinary meeting. Any business may
be brought before or dealt with at any adjourned meeting which might have been
brought before or dealt with at the original meeting in accordance with the notice
calling such original meeting.
65.
66. Share Certificates. Every shareholder shall be entitled, without payment, to
a share certificate stating the number and class of shares held by him or her and
the amount paid up thereon as shown by the books of the Company. Subject to
the provisions of the Act, share certificates shall be in such form or forms as the
Board shall from time to time approve. Unless otherwise ordered by the Board,
they shall be signed by the President and Chief Executive Officer, and by the
secretary or an Assistant Secretary and need not be under the corporate seal;
provided that certificates representing shares in respect of which a transfer agent
and registrar (which term shall include a branch transfer agent and registrar)
have been appointed shall not be valid unless countersigned by or on behalf of
such transfer agent and registrar. If authorized by resolution or the Board the
signature of one of the signing officers, or in the case of share certificates
representing shares in respect of which a transfer agent and registrar have been
appointed, the signature of both signing officers, may be printed, engraved,
3311700.1
2223841.33311375.1
- 22 lithographed or otherwise mechanically reproduced in facsimile upon share
certificates and every such facsimile signature shall for all purposes be deemed
to be the signature of the officer whose signature it reproduces and shall be
binding upon the Company. Share certificates executed as aforesaid shall be
valid notwithstanding that one or both of the officers whose signature (whether
manual or facsimile) appears thereon no longer holds officer at the date of issue
or delivery of the certificate.
66.
67. Replacement of Share Certificates. The Board may by resolution
prescribe, either generally or in a particular case, the conditions upon which a
new share certificate may be issued in lieu of and upon cancellation of any share
certificate which has become mutilated or in substitution for any certificate which
has been lost, stolen or destroyed.
67.
68. Transfer of Shares. Shares in the capital stock of the Company shall be
transferable only on the register of transfers kept by or for the Company in
respect thereof by the registered holder of such shares in person or by attorney
duly authorized in writing endorsed or accompanied by a properly executed
transfer, subject to the provisions of the Act and subject to the restrictions on
transfer (if any) set forth in the letters patent or supplementary letters patent.
68.
69. Record Date. The Board may fix in advance a date preceding by not more
than two weeks the date for the payment of any dividend or the date for the issue
of any warrant or other evidence of right to subscribe for shares in the capital
stock or securities of the Company as a record date for the determination of the
persons entitled to receive payment of such dividend or to exercise the right to
subscribe for such shares or securities, as the case may be, and in every such
case only such persons as shall be shareholders of record at the close of
business on the date so fixed shall be entitled to receive payment of such
dividend or to exercise the right to subscribe for such shares or securities and to
receive the warrant or other evidence in respect of such right, as the case may
be, notwithstanding the transfer of any shares after any such record date fixed as
aforesaid.
REPORTING
69.
70. Business Plan. Not later than sixty (60) days prior to the end of each fiscal
year, the Board will cause management of the Company to prepare for approval
by the Board and submission to the shareholders a Business Plan for the
Company. The Business Plan will be prepared on a consistent basis with the
Business Plan then in effect. The Company will carry on its business and
operations in accordance with the Business Plan which will include, in respect of
the period covered by such plan:
(a)
3311700.1
2223841.33311375.1
the strategic direction and any new business initiatives which the
Company will undertake;
- 23 -
70.
(b)
a general expenses and capital expenditure budget;
(c)
an underwriting operations budget;
(d)
projections of revenue and expenditures derived from activities other than
insurance underwriting;
(e)
a balance sheet;
(f)
a copy of the then applicable investment policy of the Company; and
(g)
any material variances from the Business Plan then in effect.
71. Quarterly Reports. Within 45 days after the end of each fiscal quarter, the
Board will cause management of the Company to prepare (on a consistent basis
with the previous fiscal quarter) and submit to the shareholders a quarterly
report. The quarterly report will include, in respect of the immediately preceding
fiscal quarter:
(a)
quarterly unaudited Financial Statements;
(b)
such explanations, notes and information as is required to explain and
account for any variances between the actual results from operations and
the budgeted amounts set forth in the current Business Plan, including any
material variances in the projected ability of any business activity to meet
or continue to meet the financial objectives of the shareholders;
(c)
information that is likely to materially affect policyholders’ perceptions or
opinions regarding the Company;
(d)
description of any new business initiatives not addressed in a Business
Plan; and
(e)
information regarding any matter, occurrence or other event which is or
claimed to be a material breach or violation of any law.
71.
72. Audit. The Company’s Financial Statements will be audited annually by an
auditor appointed by the shareholders (the “Auditor”).
72.
73. Accounting. The Company will, in consultation with the Auditor, adopt and
use the accounting policies and procedures which may be approved by the
Board from time to time and all such policies and procedures will be in
accordance with generally accepted accounting principles and applicable
regulatory requirements.
73.
74. Annual Financial Statements. The Board will cause the Auditor to deliver,
as soon as practicable and in any event within 90 days after the end of each
3311700.1
2223841.33311375.1
- 24 fiscal year, the audited Financial Statements of the Company for consideration by
the shareholders.
74.
75. Actuary. The actuary of the Company shall give an opinion as to the
adequacy of provisions made for unearned premiums, unpaid claims and claims
adjustment expenses of the Company as at the end of each fiscal year and any
other matter specified by the Regulator. The Board will cause the actuary to
deliver, as soon as practicable, and in any event within 90 days after the end of
each fiscal year, the opinion of the actuary for consideration by the shareholders.
VOTING SHARES AND SECURITIES IN OTHER COMPANIES
75.
76. All of the shares or other securities carrying voting rights of any other
company or companies held from time to time by the Company, may be voted at
any and all meetings of shareholders;, bondholders, debentureholders,
debenture stockholders or holders of other securities (as the case may be) of
such other company or companies and in such manner and by such person or
persons as the Board of the Company shall from time to time determine. In the
absence of action by the Board, the proper signing officers of the Company may
also from time to time execute and deliver for and on behalf of the Company
instruments of proxy and arrange for the issuance of voting certificates and other
evidence of right to vote in such names as they may determine.
NOTICES
76.
77. Method of Giving. Any notice, communication or other document to be
given by the Company to a shareholder, director, officer or auditor of the
Company shall be sufficiently given if given In writing and delivered personally to
the person to whom it is to be given or if delivered to his or her last address as
recorded in the books of the Company or if mailed by prepaid ordinary or air mail
in a sealed envelope addressed to him or her at his or her last address as
recorded in the books of the Company or if sent by any means of electronic
communication. The Secretary may change the address on the books of the
Company of any shareholder in accordance with any information believed by him
or her to be reliable. A notice, communication or document so delivered shall be
deemed to have been given when it is delivered personally or at the address
aforesaid; and a notice, communication or document so mailed shall be deemed
to have been given when deposited in a post office or public letter box; and a
notice sent by any means of electronic communication shall be deemed to have
been given when received by the addressee.
77.
78. Computation of Time. In computing the date when notice must be given
under any provision of the letters patent, supplementary letters patent or by-laws
requiring a specified number of days’ notice of any meeting or other event, the
date of giving the notice shall be excluded and the date of the meeting or other
event shall be included.
3311700.1
2223841.33311375.1
- 25 78.
79. Omissions and Errors. The accidental omission to give any notice to any
shareholder, director, officer, or auditor or the non-receipt of any notice by any
shareholder, director, officer or auditor or any error in any notice not affecting the
substance thereof shall not invalidate any action taken at any meeting held
pursuant to such notice or otherwise founded thereon.
79.
80. Persons Becoming Entitled by Death or Operation of Law. Every person
who by operation of law, transfer, death of a shareholder or by any other means
whatsoever, shall become entitled to any share or shares, shall be bound by
every notice in respect of such share or shares which previously to his or her
name and address being entered on the books of the Company shall be duly
given to the person from whom he or she derives his or her title to such share or
shares.
80.
81. Proof of Service. A certificate of the Secretary or other duly authorized
officer of the Company in office at the time of the making of the certificate, or of
any agent of the Company as to facts in relation to the mailing or delivery or
sending of any notice to any shareholder, director of officer shall be conclusive
evidence thereof and shall be binding on every shareholder, director or officer of
the Company, as the case may be.
81.
82. Waiver of Notice. Any shareholder (or his or her duly appointed proxy),
director, officer or auditor may waive any notice required to be given under any
provision of the letters patent, supplementary letters patent or by-laws of the
Company or of the Act, and such waiver, whether given before or after the
meeting or other event of which notice is required to be given, shall cure any
default in giving such notice. Any shareholder (or his or her duly appointed
proxy) may waive any irregularity in any meeting of shareholders.
BANK ACCOUNTS, CHEQUES, DRAFTS AND NOTES
82.
83. The Company’s bank accounts shall be kept in such chartered bank, trust
company or other firm or corporation carrying on a banking business as the
Board may by resolution from time to time determine.
Cheques on the bank accounts, drafts drawn or accepted by the Company,
promissory notes given by it, acceptances, bills of exchange, orders for the
payment of money and other instruments of a like nature may be made, signed,
drawn, accepted or endorsed, as the case may be, by such officer or officers,
person or persons as the Board may by resolution from time to time name for
that purpose.
Cheques, promissory notes, bills of exchange, orders for the payment of money
and other negotiable paper may be endorsed for deposit to the credit of the
Company’s bank account by such officer or officers, person or persons, as the
Board may by resolution from time to time name for that purpose, or they may be
endorsed for such deposit by means of a stamp bearing the Company’s name.
3311700.1
2223841.33311375.1
- 26 BORROWING POWER OF DIRECTORS
83.
84. The Board may from time to time:
(a)
authorize the borrowing of money upon the credit of the Company by
obtaining loans or advances or by way of overdraft or otherwise;
(b)
authorize the sale or pledge of any securities owned by the Company,
including, without limitation, bonds, debentures or debenture stock, for
such sums or on such terms and at such prices as they may deem
expedient; and
(c)
authorize the assignment, transfer, conveyance, hypothecation,
mortgaging, pledge, charge or giving security in any manner, upon all or
any of the real or personal, moveable or immoveable property, rights,
powers, choses in action, or other assets, present or future or the
Company to secure any such securities or other securities of the
Company, or any money borrowed or to be borrowed or any obligations or
liabilities as aforesaid or otherwise of the Company heretofore are, now or
hereafter made or incurred directly or indirectly or otherwise.
EXECUTION OF INSTRUMENTS
84.
85. Any two officers of the Company shall have authority to sign in the name and
on behalf of the Company all instruments in writing in the ordinary course of
business having a value of less than $25,000. Instruments in writing out of the
ordinary course of business and instruments in writing in the ordinary course of
business having a value of $25,000 or more shall be signed by one officer and
the President and Chief Executive Officer (or in his or her absence, by one
director of the Company). Any instruments in writing so signed shall be binding
upon the Company without any further authorization or formality. The Board
shall have power from time to time by resolution to appoint any other officer or
officers or any person or person on behalf of the Company to sign specific
instruments in writing. The corporate seal may, when required, be affixed to any
instruments in wring.
The term “instruments in writing” as used herein shall, without limiting the
generality thereof, include contracts, documents, deeds, mortgages, hypothecs,
charges, conveyances, transfers and assignments of property (real or personal,
immovable or movable), agreements, tenders, releases, proxies, receipts and
discharges for the payment of money or other obligations, conveyances,
transfers and assignments of shares, stocks, bonds, debentures or other
securities and all paper writings.
INVESTMENTS
85.
86. Funds of the Company not immediately required may be invested and
reinvested in any investments that may from time to time be authorized
3311700.1
2223841.33311375.1
- 27 investments for joint stock insurance companies under the Act and the Insurance
Act (Ontario).
CUSTODY OF SECURITIES
86.
87. The directors may from time to time by resolution provide for the deposit and
custody of securities of the Company.
FISCAL YEAR
87.
88. The fiscal year of the Company shall terminate on the 31st day of December
in each year.
INTERPRETATION
88.
89. In all by-laws of the Company where the context so requires or permits, the
singular shall include the plural and the plural the singular; the word “person”
shall include firms and corporations, and the masculine gender shall include the
feminine and neuter genders; and wherever reference is made to “Chair” or
“Chairperson” it shall mean “Chairman” as such term is used in the Act and
wherever reference is made to the “Corporations Act” or the “Act”, it shall mean
the Corporations Act (Ontario), and every other act or statute incorporated
therewith or amending the same, or any act or statute substituted therefor, and in
the case of such substitution the reference in the by-laws of the Company to nonexisting acts or statutes shall be read as referring to the substituted provisions in
the new act or statute.
AMENDMENTS TO BY-LAWS
89.
90. Enactment of By-Laws. By-Laws may be passed, amended or revoked by
the Board from time to time in accordance with and subject to the provisions of
the Act.
90.
91. Effect. A By-law or an amendment passed by the Board, unless in the
meantime it is confirmed at a general meeting of the shareholders of the
Company duly called for that purpose, is effective only until the next annual
meeting of the shareholders of the Company, unless confirmed by them thereat,
and if not so confirmed by the shareholders of the Company, the By-law or the
amendment ceases to have effect at and from the date of the annual meeting
and in that case, no new By-law of the same or like substance has an effect until
it is first confirmed at a general meeting of the shareholders.
91.
92. Shareholder Confirmation. The shareholders at a shareholders’ meeting
may confirm, reject, amend or otherwise deal with any By-law or amendment
passed by the Board and submitted to the shareholders for confirmation, but no
act done or right acquired under such By-law that has been approved pursuant to
the Act is prejudicially affected by any such rejection, amendment or other
dealing.
3311700.1
2223841.33311375.1
- 28 REPEAL OF PRIOR BY-LAWS
92.
93. Repeal. Subject to the provisions of sections 9493 and 9594 hereof, all prior
by-laws, resolutions and other enactments of the Company heretofore enacted or
made are repealed.
93.
94. Exception. The provisions of section 9392 shall not extend to any by-law or
resolution heretofore enacted for the purpose of providing to the Board the power
or authority to borrow.
94.
95. Proviso. Provided however that the repeal of prior by-laws, resolutions and
other enactments shall not impair in any way the validity of any act or thing done
pursuant to any such repealed by-law, resolution or other enactment.
ENACTED as a By-law of the Company the 2ndand passed by the Board of Directors
the 16th day of JuneApril, 2008.2009.
President and Chief Executive Officer
Secretary
RESOLVED that the foregoing By-Law No. 20082009-1 of the by-laws of the Company
is hereby confirmed.
The undersigned, being the sole voting shareholder of PRO-DEMNITY INSURANCE
COMPANY, hereby signs the foregoing resolution.
DATED the 126th day of JuneMay, 2008.2009.
By:
Name:
Title:
By:
Name:
Title:
3311700.1
2223841.33311375.1
VISION AND MISSION
The following vision and mission will guide the operations of the Company:
(a)
(b)
The Company recognizes that it is in the best interests of the Company
that the Company conducts its affairs:
(i)
on a not-for-profit basis for the professional liability insurance for
Ontario architects mandated by the Architects Act (Ontario) and its
regulations; and
(ii)
on a commercially prudent basis in respect of other business, in
particular complying with the requirements of regulatory authorities
and sound underwriting practices.
Net income in excess of surplus funds retained for the operation of the
Company, shall be utilized by the Company as follows (in no particular
order of priority):
(i)
to increase the capitalization of the Company as required by the
actuary of the Company or the applicable regulatory authorities;
(ii)
to purchase reinsurance to address extraordinary losses;
(iii)
to develop and maintain education, risk management and research
programs to reduce the exposure of Ontario architects to
professional liability claims; and
(iv)
to reduce the premiums payable by architects for professional
liability insurance mandated by the Architects Act (Ontario) and its
regulations.
(c)
The coverages and insurance premiums payable by Ontario architects for
professional liability insurance mandated by the Architects Act (Ontario)
and its regulations will be consistent with the practices of the Indemnity
Plan prior to establishment of the Company;
(d)
Ontario architects purchasing insurance from the Company will be treated
in an equal and equitable manner with no benefit being provided to one
Ontario architect which would not be given to another Ontario architect;
(e)
In undertaking other business to be conducted on a commercially prudent
basis, the Company must first be assured that the risk does not unduly
expose the capitalization of the Company;
(f)
The Company will provide its services with an emphasis on policy holder
satisfaction;
2223841.33311375.1
3311700.1
(g)
The Company will keep the Ontario Association of Architects fully
informed of material changes in the terms, conditions and premiums of the
professional liability insurance for Ontario architects mandated by the
Architects Act (Ontario) and its regulations;
(h)
The Company will:
(i)
provide professional liability insurance to Ontario architects
required by the Architects Act (Ontario) and its regulations;
(ii)
offer to sell increased limits of liability to the mandatory professional
liability insurance under subparagraph (h)(i); and
(iii)
make arrangements to offer to sell enhanced coverages to
supplement the increased limits of liability to the mandatory
professional liability insurance under subparagraph (h)(ii);
(i)
The Company will increase its ability to address extraordinary losses
thereby providing greater protection and confidence to the public and
Ontario architects;
(j)
The Company will attempt to develop additional sources of revenue
necessary to finance its ability to address extraordinary losses and provide
education, risk management and research programs to reduce the
exposure of Ontario architects to professional liability claims;
(k)
The Company will manage all risks relating to its business, through the
adoption of appropriate strategies and internal controls consistent with
insurance industry norms;
(l)
The Company will develop a strategic plan which is consistent with the
maintenance of a viable business and which preserves the value of the
business; and
(m)
The Board is responsible for determining and implementing the
appropriate balance among the foregoing principles and for causing the
Company to conduct its affairs in accordance with the same.
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4.2
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 4.2
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Sean O’Reilly
OAA representative to OAAAS Board of Directors
Date:
April 30, 2009
Subject:
Ontario Association for Applied Architectural Sciences (OAAAS)
Appointment of the Board of Directors
Annual Meeting of the Founders
Objective:
1. To consider the recommendation re. Appointment of OAA members to the OAAAS Board of
Directors for the 2009/2010 term.
2. To consider a recommendation with respect to the following items that are required to be
dealt with at the Annual Meeting of the Founders.
Appointment of the President of OAAAS
Appointment of the Treasurer of OAAAS
Appointment of the Auditor for OAAAS
Appointment of the Registrar
Background:
Appointment of OAA Representatives to the OAAAS Board of Directors
1. The annual meeting of the OAAAS Board of Directors will be held on June 10th at which
time the Board will make a formal recommendation to the Founder’s with respect to the
2009/2010 slate of directors (among other items as well).
…/2
2
In accordance with the OAAAS by-laws, it is the responsibility of each of the Founders, OAA
and OACETT, to put forward names for consideration to the Board of Directors. The Board
then returns the slate to the Founders for appointment at the Founders meeting. For
information, the role of President alternates between the OAA and OACETT representatives to
the Board, and the 2009/2010 President will be recommended by OAA Council. The role of
Treasurer also alternates, and it will be the OACETT’s responsibility to recommend the
Treasurer for 2009/2010.
2. As a current Director of OAAAS and an OAA representative to the Board. I will be stepping
down from the Board after completion of this term. A replacement for my position will be
th
proposed at the Council meeting on May 6 .
3. I would like to recommend that Council consider the appointment of William Birdsell to the
OAAAS Board of Directors for a one year term. In addition, I would also request that Council
consider recommending the existing Board members Sheena Sharp, David Mills and David
Mailing to ensure continuity and corporate memory on the Board for an additional one year
term. You will see a formal motion to this effect below in relation to the motions to be
considered by the Founder’s on June 10, 2009.
Motions re: Annual Meeting of the Founders of OAAAS
1. In accordance with By-law No. 1 of the OAAAS, an annual meeting of the Founders of the
Association must be held each year. The last annual meeting was held on June 4, 2008. The
annual meeting of the Founder’s for 2009 will be held on June 10. The OAA and the Ontario
Association of Certified Engineering Technicians and Technologists (OACETT) are the
Founders of the OAAAS.
2. The purpose of the Annual Meeting is as follows:
Appointment of the President of OAAAS
Appointment of the Treasurer of OAAAS
Appointment of the Auditor for OAAAS
Appointment of the Registrar
3. Based on my recommendation contained above, I am recommending that Council
Consider the appointment of the following individuals to the Board of the OAAAS for the
2009/2010 term:
Mr. William Birdsell
Mr. David Mailing
Mr. David Mills
Ms. Sheena Sharp
…/3
3
4. As noted above, for the 2009-10 year, the President of OAAAS is to be an OAA
representative to the Board. Consideration needs to be given to who that individual will be
and a recommendation will need to be made by Council to the OAAAS Board at the June
10, 2009 meeting. I would like to recommend that Council consider the appointment of
OAA representative David Mailing as President for the coming term. David Mailing is the
2008-09 OAAAS Treasurer.
5. As noted above under the items to be dealt with at the Annual Meeting of the Founders, it
is also necessary for Council to put forth a recommendation to the OAAAS Board with
respect to the appointment of the Auditors as well as the Registrar.
6. The OAAAS Board is recommending to the OAA and OACETT Councils that the
accounting firm of BDO Dunwoody LLP be considered for reappointment by the Founders
as the auditor for the 2009/2010 term.
7. OAA and OACETT would like to recommend that the OAAAS Executive Director, Garry
Neil be appointed as the Registrar for the 2009/2010 term.
8. It is also necessary for the Council to appoint an individual to act on behalf of the OAA at
the Annual Meeting of the Founders and execute the resolutions based on the original
recommendations of the OAA Council. It should be noted that the meeting of the
Founders is somewhat of a procedural matter, relaying the decisions of each of OAA and
OACETT Councils. Council will need to appoint an individual to act on its behalf once
again. I recommend that Gordon Masters be considered for the June 10, 2009 meeting.
Action:
1. Council is asked to consider approval of the following motions with respect to resolutions
that will be considered by the Founders of OAAAS on June 10, 2009.
It was moved by ………… and seconded by ………………. that it be recommended to the
Board of OAAAS that the following individuals be appointed to the OAAAS Board for the
2009/2010 term:
Mr. William Birdsell
Mr. David Mailing
Mr. David Mills
Ms. Sheena Sharp
It was moved by………and seconded by….. that it be recommended to the OAAAS Board that
David Mailing be appointed as the President of the OAAAS for the 2009/2010 term.
It was moved by ………and seconded by……… that it be recommended to the OAAAS Board
that the OAAAS Executive Director Garry Neil be appointed as the Registrar for the OAAAS
for the 2009/2010 term.
…/4
4
It was moved by ……….and seconded by ……….that it be recommended to the OAAAS
Board that BDO Dunwoody, LLP be reappointed as auditors for the OAAAS for the 2009/2010
term.
In accordance with the agreement between OAA and OACETT regarding rotating treasurer,
the OAA will be asked to support OACETT’s recommendation for the 2009/2010 Treasurer
from among their Board members.
2. Council is required to authorize an individual to act on behalf of the OAA as the Founder at
the Annual General meeting and execute the resolutions, in accordance with Council’s
direction as noted above. It is recommended that Gordon Masters be considered for the June
10, 2009 meeting.
24 April 2009
UPDATE ON DEVELOPMENTS
1. Number of Members
When the proposal to hire a part-time administrative assistant for OAAAS was approved
last year, there was agreement that continuing this staffing arrangement beyond March
2009 was contingent on meeting targets for membership growth. The targets relate to the
number of Licensed Technologists OAA:
Year-End 28 February
2009
2010
2011
New Licensed Technologists OAA
5
10
14
We are pleased to report we surpassed the target set for 2008/09, as there were eight
individuals who received their limited licence in the 12 months after March 1, 2008. The
following table provides the overall member numbers in April of each year:
LT OAA
Technologists
Associates
Total
2008
11
22
67
100
2009
18
27
70
115
We have launched a campaign to review all those members of OACETT who are
considered to be future members of OAAAS (to qualify to join, a recent graduate must
have two years of work experience). We anticipate we will have an accurate number of
future members by June.
2. Advanced Standing Policy
Eight of the initial ten candidates have passed the interview stage and will attend the next
OAA Admission Course, where they will be joined by six other OAAAS members. This
will put us in a strong position to meet our target for new Licensed Technologists OAA
for 2009/10.
Implementation of the Advanced Standing Policy has proven to be a challenge. The
process is time consuming: one candidate reported spending 50 hours assembling the
information needed for the portfolio of ten projects. It is also expensive, particularly for
candidates who are not already members of OACETT ($1,600 + costs of documentation
+ dues). It has also revealed areas where the Founders may wish to improve the process
if it is to achieve its objective, which is to allow candidates to reach the highest
certification in their field if “they are able to demonstrate they have achieved a standard
of technical competence comparable” to that level.
The OAAAS Admissions Committee, which oversees the process and has representatives
from both OACETT and OAA, has agreed to make one small change to the process and
at its next meeting may propose further modifications for consideration by the Founders.
3. Membership Marketing Campaign
A key responsibility of the Executive Director is to market the OAAAS program, both to
students in the province’s architectural technician and technology programs, and to
people working in the field.
The Executive Director has established excellent contacts with all 13 institutions which
offer architectural technology programs. He has visited 11 of these schools, several on
more than one occasion, and has standing offers to make regular presentations at five.
Progress with architectural firms has been slower than anticipated, primarily because
there is no way to identify architectural practices by size or by the number of
technologists they employ. Thus, every contact requires research, cold calls, follow-up
and personal involvement, and sometimes results in a meeting with only two
technologists. The Executive Director has made presentations at more than a dozen firms
in the past year. He has compiled a list of more than 30 individuals who are interested
and potentially qualified as advanced standing candidates.
An important part of the marketing effort is working with the Ontario Association of
Architects to promote the OAAAS to the province’s architects and architectural practices.
Every year, we have an information table at the OAA Annual Conference. This year, our
presence this year will be more robust:
information table;
working session open to all delegates: New opportunities for Ontario
architectural practices: Licensed Technologists OAA;
reception to which all Toronto-area architectural technologists will be invited (+
guests).
We are particularly excited by the opportunity of the reception and thank OACETT and
OAA for agreeing to share the cost. The reception is being held at the new architecture
gallery at Harbourfront Centre and the Centre has kindly agreed to donate the space in
order to establish new links with the profession. Holding it at this location and in
conjunction with the OAA Annual Conference highlights the fact that our program is
designed to allow qualified technologists to be considered as part of Ontario’s
architectural profession.
There is no doubt that awareness of the OAAAS and the benefits of its program have
increased in the past year and we are positioned for even more significant growth in the
next 12 months.
Sincerely,
Garry Neil, Executive Director|Registrar
4.3
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 4.3
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Kristi Doyle, Director of Policy
Date:
April 14, 2009
Subject:
National Review of Canadian Education Standard
Objective:
To provide Council with a copy of the final Report and Recommendations relative to the review
of the Canadian Education Standard (CES) as directed by the National Canadian Architectural
Certification Board (CACB) Task Group.
To obtain direction from Council as to the OAA’s position on the Report and Recommendations
in preparation for attendance at the June meeting of the Canadian Architectural Licensing
Authorities (CALA).
Background:
1. In 2007 a national Task Group was established to deal specifically with issues related to the
CACB. A number of concerns had been raised over the last few years relative to the lack of
communication between the CACB and CALA – this Task Group has been mandated to ensure
clear communication between the two and also to be the conduit to deal with regular matters as
they arise
2. One issue identified by the Task Group last year, as well as the CACB was the need to
review and update the CES. This is the formal document against which individuals’ education is
assessed in order to obtain ‘CACB certification’ which is a condition of licensure across the
country (exception Quebec).
3. As additional background on the review the CES, the Royal Architectural Institute of Canada
(RAIC) obtained funding from the federal government through Human Resources and Skills
Development Canada (HRSDC) to cover the cost of engaging a consultant to review the
existing CES and making recommendations for amendment to bring the document up-to-date.
The CACB Task Group was directed by CALA to issue an Request for Proposal (RFP) and
2
engage a consultant. Architect Dale Taylor from Alberta was engaged and has conducted his
work over the past 10 months or so.
4. A preliminary draft of his Report and Recommendations was distributed to OAA Council in
October 2008 via email for review and comment. A copy of that email is attached for
information. This same preliminary draft was tabled for discussion last October during the RAIC
Roundtable meeting (which included all of the Regulators) at which time there was general
consensus as to the direction it was headed.
Various drafts were also reviewed at specific intervals by the members of the CACB Task
Group. (as a reminder the Task Group is comprised of Ontario, Quebec, Alberta,
Saskatchewan, and Manitoba)
In addition, various drafts have been shared with OAA Registrar Hillel Roebuck and OAA
Administrator Admissions, Jessica O’Rafferty for review and comment.
5. You will see in the attached Report from Taylor, the key changes made to the document are
in title/format and the inclusion of performance standards which are suggested for inclusion
directly into the body of the CES. The previous CES tended to be more about procedures as
opposed to the actual standard against which an individual’s education is being assessed.
In addition, the Consultant, as part of his Report, has suggested that the Regulators consider
the development of a true Competency Standard which would then become a component of the
Education Standard in terms of the ultimate competencies of an architect in Canada which
would be formally documented. The CACB Task Group has discussed this to some extent as
part of their mandate, and agrees that it is appropriate to have such a standard and has begun
discussions to that effect. Note that any that is developed will be subject to the scrutiny and
approval of all of the Regulators.
The Consultant has also made specific recommendation relative to the operation of the CACB
Assessment Committee whose role is to apply the CES. Given the changes being suggested to
the actual document, the Assessment Committee will also need to make some changes. The
proposed revised CES also incorporates an assessment process for the new RAIC syllabus
program as well as the existing program.
As part of his Report, the Consultant has also posed two points for discussion (see page 7 of
his report -- noted with an asterisk) relative to addressing deficiencies within an individual’s
education credentials. I would ask Council to consider those two items and provide comment.
6. I would suggest that there is no need for further explanation as to the attached documents
and request members of Council to review the Report and Recommendations in detail and
provide any comments/concerns, etc. that they may have.
7. At this point, the attached email from CACB Task Group Chair, Dave Edwards and
accompanying Report and Recommendations from Consultant Dale Taylor, has been sent to all
of the provincial/territory Regulators, for review and comment with the hope of reaching some
agreement on acceptance of the report and all or some of the recommendations as submitted.
In the spirit of this request from the National CACB Task Group, Council direction is requested
in terms of receipt of the Consultants Report and Recommendations contained therein.
8. In late June, OAA President Doyle, OAA Registrar Roebuck and I will be attending the semiannual meeting of CALA and this Report and Recommendation will be on the agenda for
consideration of Review and Approval. As per the bylaws of the CACB, the CES in any form is
subject to the approval of the architectural regulators.
3
Action:
Council direction is request in terms of receipt of the Consultant’s final Report and proposed
recommendations for revision to the Canadian Education Standard.
Page 1 of 2
Tina Carfa
Subject:
Review of Canadian Education Standard.
Importance: High
Attachments: CES Draft 1 Notes.pdf; CES Draft 1 send.pdf
From: Kristi Doyle
Sent: October 21, 2008 11:55 AM
To: Andre Sherman; Brad Green; David Craddock; Elaine Mintz; Evangelo Kalmantis; Gerrie Doyle 1; Gerrie Doyle
2; James Farrow; Jerry Chlebowski; Kevin Robinson; Lou Ampas; Louis Cooke (louiscookearchitect@bellnet.ca);
mv@michaelvisser.com; Paul Hastings; Paul Hastings 2; Pawel Fiett; Peter Gabor; Rob Newman; Sean O'Reilly
(soreilly@xplornet.com); Sheena Sharp (sharp@coolearth.ca); Vladimir Popovic
Cc: Hillel Roebuck; Gordon Masters
Subject: Review of Canadian Edcuation Standard.
Importance: High
Members of Council,
Attached you will find the first draft of the work of Dale Taylor, the consultant who has been
engaged to do a review of the Canadian Education Standard on behalf of the Regulator's, for
implementation by the CACB. The draft was presented to the National Roundtable meeting
which was held in Ottawa last Friday. In attendance at the Roundtable were all of the
Provincial/Territorial Architectural Regulators, members of the CACB Board of Directors as
well as staff, members of the RAIC Board of Directors, as well as individuals who there as part
of a presentation on the RAIC Syllabus Renewal Program. Recall that I sent to all of Council
as well as members of the Practice Committee a document from Dale Taylor in Mid August to
solicit feedback on the review of the CES etc.
You will see that the 'Draft 1 notes" document provides a bit of background and explanation for
the changes to the draft as well as outlines questions being posed as part of the redraft.
As a result of the meeting on Friday all of the Regulators were asked to request final
comments from their Council's and any further direction on what has been drafted to date. I
am forwarding this document to you now for that purpose. If you have any comments positive,
negative, indifferent, etc., please forward them to me within the next week.... so Prior to
October 31st. For information there was general agreement with the direction being
taken to date by those 50 individuals that were in attendance at the meeting on Friday.
Based on comments received last Friday as well as anything received in the next week or so,
Dale will revise the document and present the next draft in accordance with the stipulated work
plan/schedule.
Can I ask everyone to take some time to review this and provide comment. This is our second
opportunity to provide input, and will likely be the last time to comment before a final draft is
produced. The final draft will be ready for Council review and approval at the December
meeting of Council.
(Pay particular attention to those items that are in blue/red in the draft document.)
Thanks.
15/04/2009
15 February 2009
RAIC/Regulators CACB Task Force on
The Canadian Education Standard
Attention: David Edwards fraic
Re: Canadian Education Standard Review Project
Please find attached two documents prepared in accordance with the terms of
our current agreement, and submitted for your review and comment. These
documents are entitled:
Conditions and Procedures for the Certification of Educational
Qualifications, and
Notes and Recommendations Arising from the
Canadian Education Standard Review.
This work has responded to consultation and comment from a number of
interested parties, and I am available to make any editorial adjustments or
clarifications that may be required as these documents are prepared for
translation and distribution. I am happy to speak with any interested party, but
shall take specific direction from you in this regard.
This was, and remains, an interesting project and important to the profession,
and I thank you for the opportunity.
Dale M Taylor architect
aaa.maibc.fraic
.
Conditions and Pro cedures
for the
Certific ation o f Educ atio nal Qualificatio ns
Required for Admission (Registration or Lic ensing) to
Provinc ial and Territorial Arc hitec tural Assoc iations In Canada
CES Review Project
FINAL DRAFT
15 February 2009
The Conditions and Pro cedures
fo r the
Certification of Educational Qualifications
Required fo r Admissio n (Registration o r Lic ensing) to
Provinc ial and Territo rial Arc hitec tural Asso c iations in Canada
This document is endorsed by the following member associations (Canadian
Architectural Licensing Authorities).
Architectural Institute of British Columbia
Alberta Association of Architects
Northwest Territories Association of Architects
Saskatchewan Association of Architects
Manitoba Association of Architects
Ordre des architectes du Qu bec
Architects Association of New Brunswick
Nova Scotia Association of Architects
Architects Association of Prince Edward Island
Newfoundland Association of Architects
TABLE OF CONTENTS
A.
PRINCIPLES OF THE CANADIAN EDUCATION STANDARD
CACB Certification
Competency Standards
Canadian Education Standards
B.
CONDITIONS and PROCEDURES for CERTIFICATION
Conditions
Accredited Professional Degree
Degree or Diploma Not Accredited by the CACB
Graduate Diploma from the RAIC Centre for Architecture at
Athabasca University (the former RAIC Syllabus of Studies)
Architects Registered Prior to Adoption of the Certification Process
Procedures
Accredited Professional Degree
Degree or Diploma Not Accredited by the CACB
Graduate Diploma from the RAIC Centre for Architecture at
Athabasca University (the former RAIC Syllabus of Studies)
Architects Registered Prior to Adoption of the Certification Process
Removing Education Deficiencies
Review and Appeals
C.
PROCEDURES and STANDARDS for ASSESSMENT of NONACCREDITED DEGREES or DIPLOMAS
Assessment Procedures
Curriculum Standards
The Six Subject Areas
General Education
Professional Education
Performance Standards
D.
CONDITIONS and PROCEDURES for ACCREDITATION of
PROFESSIONAL DEGREE PROGRAMMES in ARCHITECTURE
(Under separate cover)
PART A
PRINCIPLES OF A CANADIAN EDUCATION STANDARD
Provincial and Territorial legislation has given each professional governing body
both the authority and the responsibility to establish standards of competence for
candidates seeking to practise architecture in their jurisdiction. Each jurisdiction has
chosen to have this professional competence normally obtained and demonstrated
through a combination of formal educ ation, supervised experience and examinatio n.
Each jurisdiction may also, under extraordinary circumstances, exempt a candidate from
some of these normal requirements if competency can be demonstrated by other reliable
means.
The Canadian Architectural Certification Board (CACB) was established in 1976
by an agreement of the Councils of the Canadian Architectural Licensing Authorities
(Regulators), who grant it the authority to act on their behalf in assessing the
educ ational qualific atio ns of individuals holding a professional degree or diploma in
architecture. The assessments are made in accordance with standards and procedures
established by the Regulators. L'Ordre des architectes du Qu bec joined the CACB in
1992, and the Northwest Territories Association of Architects in 2002.
The CACB is governed by a Board of Directors (the Board), which establishes
the policies of the CACB. The Board appoints a Registrar who is empowered to issue a
Certificate of Educational Qualifications to persons so qualified, and Assessment
Co mmittees who act on behalf of the Board and recommend to the Registrar.
The CACB procedures for Certification, and the education standards against
which qualifications are measured, have been developed in accordance with both the
core principles of the UNESCO/UIA Charter for Architectural Education and the relevant
sections of the UIA Accord on Recommended International Standards on
Professionalism in Architectural Practice. The CACB, acting on behalf of the Regulators,
is part of working agreements with the National Architectural Accrediting Board (USA)
and the National Council of Architectural Registration Boards (USA), and is a signatory
to the Canberra Accord on Architectural Education, which was ratified in 2008 for
implementation in 2010.
CACB Certification
Normally, applicants must have their academic qualifications certified as having
met the educational requirement for entry to the profession by the CACB prior to, or as a
part of, the application process for registration or licensure with any of the Canadian
Architectural Licensing Authorities. The assessment of credentials for certification is
conducted in accordance with Parts B and C of this document. Following c ertification
by the CACB that their academic qualifications meet the standard established by the
Regulators, applicants are required to complete the remaining requirements for the
province or territory in which they wish to be registered or licensed. These requirements
vary from jurisdiction to jurisdiction and may be affected from time to time by new
Canadian Education Standard Review
FINAL DRAFT 15 February, 2009
Page 4 of 18
legislation or changes in bylaws. Current information concerning requirements for
registration or licensure should be obtained from the Regulator concerned.
Canadian Co mpetenc y Standards
Each Provincial and Territorial governing body registers or licenses architects on
the basis of standards of performance, developed in the public interest and approved by
its professional membership, and which rely on the professional judgment of individual
officers and committees of the association or institute, who regularly assess the
competency of its members and prospective members. In the interests of fairness to the
applicant and consistency between provinces and territories, the Regulators have
undertaken to develop a documented national standard detailing the level of
competence in the range of skills and knowledge required of a candidate for registration
or licensure as a practicing architect in Canada. Once adopted, this Competency
Standard will be applied to the revision and consolidation of the more focused existing
standards, conditions and procedures for each of the educ ation, experience and
examinatio n requirements for registration or licensure. It will also provide the guiding
principles for international agreements respecting mutual recognition of credentials, and
for the development of criteria used in evaluating exceptional cases.
Canadian Educ atio n Standards
Those current competency standards that are expected, by a consensus of the
Regulators, to be achieved and demonstrated through fo rmal educ atio n have been
applied to the development of standards and procedures for the assessment of both
professional degrees accredited by the CACB or NAAB, and professional degrees or
diplomas not accredited by the CACB or NAAB, which includes the Graduate Diploma of
the RAIC Centre for Architecture at Athabasca University. These standards and
procedures have been chosen to assure that the assessments are equitable in each
case, while accommodating the varied backgrounds and circumstances of the
applicants. This results in standards for each category of applicant that are equivalent
but not identic al.
PART B
CONDITIONS and PROCEDURES for CERTIFICATION
Conditions
1.
Ac c redited Pro fessio nal Degree
Applicants may be granted CACB certification that their education meets the
standards for entry to the profession following graduation from a professional program of
architectural education that has been accredited by the CACB, by the National
Architectural Accrediting Board (NAAB), or by any other body recognized by the
Regulators. While this document outlines the procedures for the Certification of an
Page 5 of 18
individual applicant s accredited degree, the detailed procedures and standards for the
evaluation of architecture programs seeking or maintaining accreditation are described
in the document CACB Conditions and Procedures for Accreditation. These Conditions
and Procedures are meant to be applied to university professional programs in
architecture during a periodic accreditation process, and not to the credentials of
individual graduates. An accredited professional degree may be granted at either the
Bachelor's, the Master's or the Doctor s level. Pre professional degrees in architectural
studies by themselves, and post professional degrees in related fields do not satisfy the
requirements in this section.
2
Degree or Diplo ma Not Ac c redited by the CACB
Applicants with a valid degree or diploma in architecture that is a first
professional degree or diploma and is accepted as a requirement for registration or
licensure in its country of origin, but is not accredited by the CACB or the NAAB, may
apply for CACB certification to determine whether their education, or the degree
program, meets the curriculum standards of Part C-2 and in the judgment of the CACB,
the candidate s work meets the performance standards of Part C-3 of this document.
This includes a graduate from a currently accredited Canadian school of architecture
whose degree was granted prior to the school being accredited by the CACB.
The process involves a detailed evaluation of the individual's academic record
and a review by an Assessment Committee of the applicant s Portfolio of Academic
Work. The requirements for this evaluation are described in Part C, Procedures and
Standards for Assessment of Non-accredited Degrees or Diplomas.
Applicants who have received a Graduate Diploma in Arc hitecture from the
RAIC Centre for Arc hitecture at Athabasc a University or previously from the RAIC
Syllabus of Studies, may be granted CACB Certification following a review of the
requisite courses and guided studies, a mandatory oral examination and a recommendation of the Work/Study Assessment Committee, which is commissioned specifically to
assess the graduates of work/study programs against the performance standards
described in Part C of this document.
3.
Arc hitec ts Registered Prio r to Ado ption o f the Certific atio n Pro c ess
The Regulators have agreed that Architects who were registered or licensed prior
to July 1, 1976 by a provincial association, or by the Ordre des architectes du Qu bec
prior to 1992, or whose education was certified by the Universities Coordinating Council
in Alberta prior to 1992, are accepted as having equivalent education to satisfy the
Canadian Education Standard, and may be granted CACB Certification upon application.
Applic ants who c annot present credentials that are no rmally required to be
eligible for co nsideratio n for Certification by the Board may have rec ourse under
the Appeal pro visio ns o f Article B5 (belo w), or may be eligible for registratio n o r
licensure by a Canadian Arc hitec tural Lic ensing Authority under the Bro adly
Experienc ed Arc hitect c riteria.
Page 6 of 18
Proc edures
Following is a summary of the Procedures followed for Certification in each of the
categories identified in Part A:
1.
Ac c redited Degrees/Pro grams
Application Forms and detailed instructions for Certification under this category
are available online at < www.cacb-ccca.ca >.
Upon receipt of an Application for Certification of Academic Qualifications,
all required supporting documentation and any required fee, CACB staff will verify
eligibility under this category and the Registrar will issue a Certificate.
2a
No n-acc redited Degrees o r Diplomas
are available online at <www.cacb-ccca.ca >. Note that a separate application form and
submission requirement are available for graduates from a currently accredited
Canadian school of architecture whose degree was granted prior to the school being
accredited by the CACB. The CACB will assess the content of the degree program in
accordance with the procedures detailed in Part C below.
Upon receipt of an Application for Assessment of Academic Qualifications, all
requested supporting documentation and any required fee, CACB staff will first verify the
applicant s eligibility under this category (see the description under Three ways to satisfy
the Canadian Education Standard, above). Eligible applications will be sent to an
Assessment Committee that will assess the applicant s submission, including a Portfolio
of Academic Work, against the curriculum and performance standards of Part C, and will
recommend to the Registrar. Upon approval by the Assessment Committee, the
Registrar will issue a Certificate.
2b
Graduate Diploma from the RAIC Centre fo r Arc hitec ture at
Athabasc a University or fro m the fo rmer RAIC Syllabus of Studies.
Upon receipt of an Application for Assessment of Academic Qualifications, all
required supporting documentation and any required fee, CACB staff will verify eligibility
under this category and schedule an interview with a Work/Study Assessment
Committee. This Committee will assess both the applicant s submission and the
interview performance against the Performance Standards of Part C, with special
consideration for the nature of work/study programs, and will recommend to the
Registrar. Upon approval by the Work/Study Assessment Committee, the Registrar will
issue a Certificate.
Page 7 of 18
3.
Arc hitec ts Registered o r Lic ensed Prior to Adoption of the
Certific atio n Proc ess
Upon receipt of an Application for Certification of Academic Qualification Under
the Grandfathering Right Clause , all required supporting documentation and any
required fee, CACB staff will verify eligibility under this category and the Registrar will
issue a Certificate.
4.
Remo ving Education Deficienc ies
If an assessment identifies deficiencies in an applicant's professional
degree/diploma program when compared with the Curriculum and Performance
Standards below, one or more of the following options may be selected to remove the
deficiencies:
4.1
If the deficiency is in the general education and elective subject area,
relevant courses may be taken at any university, including the RAIC Centre for
Architecture at Athabasca University, or at a community college that has been
approved by the CACB prior to enrolment in the courses.
4.2
If the deficiency is in history, human behavior, environment, technical
systems or professional practice subject areas, relevant courses may be taken at
any school of architecture whose professional degree program is accredited by
the CACB or through the RAIC Centre for Architecture at Athabasca University.
Courses taken at institutions without a CACB accredited program may be
accepted if approved by the CACB prior to enrolment in the courses. If an
academic institution grants credit in relevant subjects on the basis of equivalency
examinations administered by the institution, and if that credit is listed on an
official transcript issued by that institution, then that credit may be used to
remove deficiencies in these subject areas.
4.3
If the deficiency is in the design subject area, on-campus or off-campus
design studios may be taken at or through an institution with a CACB accredited
program, or through the RAIC Centre for Architecture at Athabasca University.
Such studios must be administered or monitored by the design faculty and must
be taken for academic credit.
When deficiencies have been removed, official transcripts and/or equivalency
examination score reports must be sent to the CACB directly by the academic
institution(s) and/or examination authority involved. If the applicant has been previously
issued a Conditional Certificate, the CACB will verify that the conditions have been met
and, following approval by the Registrar, a regular Certificate will be issued.
Page 8 of 18
5.
Review and Appeals
5.1
If an applicant for certification should disagree either with the conclusion
that their credentials are not eligible for assessment under a category, or with a
ruling of an Assessment Committee, an appeal may be made in writing to the
CACB.
The CACB offers to the applicant, without extra cost, the possibility to first
ask for a review of his or her application before moving forward for an appeal.
Upon receipt of a written request for review, including the applicant s reasons for
the review and any documented information that may affect the review, the
applicant s file is sent back to the Assessment Committee for reassessment.
If the application was considered not eligible for assessment because the
applicant is unable to submit the required documentation due to extraordinary
personal circumstances, the Assessment Committee may, at their discretion,
require alternate evidence of educational achievement, including an oral
examination and/or properly documented post graduate professional work.
The applicant will be notified of the results of the review by mail.
5.2
If an applicant for certification has received a written response from the
CACB to a request for reconsideration of an eligibility or assessment decision
and believes the evaluation is still in error, an appeal may be made in writing to
the CACB Board of Directors. The Letter of Appeal should include the applicant s
reasons for the appeal and any documented information that may support the
appeal.
5.3
The Board of the CACB will review the applicant s letter of appeal, the
Assessment Committee report, and the educational credentials at its next
scheduled meeting. The Board may seek clarification from the staff of CACB, the
Assessment Committee or the applicant. If the Board agrees with the applicant, it
may direct the Registrar to issue a Certificate or a Conditional Certificate. The
applicant will be notified of the decision of the Board by mail. No further appeal to
the Board is possible.
Page 9 of 18
PART C.
PROCEDURES and STANDARDS for ASSESSMENT of NONACCREDITED DEGREES or DIPLOMAS
1
Assessment Procedures
In assessing non-accredited degrees or diplomas for Certification, the following
Course Equivalents and Performance Standards contained in Part C are used. This
ensures consistency of application and fairness of assessments across the diverse types
of programs available.
The CACB will determine whether the degree is a recognized first professional
degree or diploma. The Curriculum Standards are then applied to the degree or diploma
for a preliminary evaluation, which relates an individual record to a CACB-accredited
degree equivalent. Eligibility is determined on the basis of the length, structure and
general content of the courses being evaluated and their substantial conformance with
the Curriculum Standards. In determining eligibility, the evaluators assign the applicant's
academic work to the six required subject areas, in accordance with semester hour
equivalents as detailed below.
During this stage of the assessment, CACB staff may request further information
in order to complete the applicant s file. If the file is determined to be in substantial
compliance with the quantitative requirements of the Curriculum Standards, the
application, including a Portfolio of Academic Work, is forwarded to the CACB
Assessment Committee for final assessment. The nature and requirements for the
Portfolio of Academic Work are described in the detailed instructions for application
under this category that accompanies the Application Form referred to above. If the
degree or diploma is considered not eligible under this category, the applicant is notified
in writing, and the application fee is refunded.
The CACB Assessment Committee meets regularly to assess applications. The
Assessment Committee considers the detailed course content as documented in the
applicant s file, and the quality of the applicant's school projects as demonstrated by the
required Portfolio of Academic Work, to confirm that the Performance Standards outlined
in Part C/Section 3 have been met.
The outcome of the assessment may be:
that the applicant's academic qualifications fulfill the educational component of
the registration/licensure requirements in Canada and a Certificate is issued by
the Registrar; or
that the Assessment Committee determines the applicant's academic
qualifications to be deficient in particular subject areas and the applicant is
required to remove those deficiencies by successfully completing the appropriate
courses of study approved by the CACB. In this case, and on a recommendation
from the Assessment Committee, the Registrar may issue a Conditional
Certificate; or
Page 10 of 18
that the applicant's academic qualifications do not fulfill the educational
component of the registration/licensure requirements in Canada.
Applicants are notified of the result of an assessment or of a Registrar s decision
by mail, and the assessment process normally takes from 3 to 6 months from the time
that the application, including all required documentation, is complete. If the Registrar
does not grant Certification, an applicant may undertake additional studies, and then
reapply for certification.
2
Curric ulum Standards
The CACB evaluation accommodates recognized types of professional degree
programs, the most common being:
Bachelor of Architecture Program requiring a minimum of five years of study (or
4 years following CEGEP in Quebec), or
Master of Architecture Program requiring a minimum of three years of study
following an unrelated bachelor's degree, or two years following a four-year, related preprofessional degree; and does not preclude variations approved by the CACB.
The CACB degree equivalent requires 160 semester hours of academic credit,
grouped into six subject areas:
general education and electives;
history and human behavior;
environment;
design and graphic communication;
technical systems;
knowledge of the profession, which also includes the legal and
administrative context of architectural practice.
In determining course equivalency, the evaluators assign the applicant's
academic work to the subject areas in accordance with semester hour
equivalents. A semester hour is equivalent to 1 hour of CACB approved lecture
or 2 hours of CACB approved laboratory/studio instruction per week for the
duration of the semester or term. For programs that operate on a quarter
system, 1.5 quarter hours are equivalent to 1 semester hour. A course may
consist of instruction in more that one subject area, so may be apportioned
between subject areas as appropriate.
If the degree or diploma is determined to meet the CACB equivalent degree in
length and general content, both the academic record and the Portfolio of Academic
Work are evaluated against the Performance Standards required for the subject areas
detailed below. This two-part assessment is the basis for the Assessment Committee s
recommendation to the Registrar. The Performance Standards are consistent with, but
not identical to, the Student Performance Criteria found in the CACB s Conditions and
Procedures for Accreditation, which are used in the evaluation of university professional
programs in architecture.
Page 11 of 18
THE SIX SUBJECT AREAS
GENERAL EDUCATION AND ELECTIVE REQUIREMENT
A professional degree program must provide a foundation of general education,
including studies with other than architectural content that imparts general knowledge
and develops the students intellectual capacity to undertake professional studies. This
enables them to see their professional studies in the broader context of the natural,
cultural and social world.
A professional degree program must also allow students to pursue their special
interests. The curriculum must be flexible enough to allow students to complete minors
or develop areas of concentration that are outside of architectural studies, either as
general studies or as electives with other than architectural content.
Co urse Equivalents
At least 32 semester hours of credit in:
English or French Composition
Humanities
Social Sciences
Mathematics
Natural Sciences
A minimum of 2 semester hours of English or French composition, or an acceptable
language proficiency test demonstrating adequate compositional skills, 6 semester hours
in the Humanities or Social Sciences and 6 semester hours in Mathematics or the
Natural Sciences are required. The remaining 18 semester hours may be taken in any
of the five subject areas. These courses may be included either as an admission
requirement or as part of the professional degree curriculum.
English or Frenc h Compositio n is defined as written communication that
explains, interprets, analyses or presents and supports a point of view, utilizing
the principles and conventions of standard language. Courses in English or
French literature are not acceptable in this subject, but are acceptable in the
subject of Humanities.
Courses in English or French as a foreign language are not acceptable.
Humanities are defined as the academic disciplines that study the human
condition through the recognition, comprehension, analysis and interpretation of
various forms of art and literature.
Studio and performing art courses are not acceptable in this subject, but may be
acceptable as electives.
Page 12 of 18
So c ial Sc ienc es are defined as the study of the social life of human groups and
individuals through the analysis of economic, historical, political, psychological
and sociological aspects of society.
Mathematics is defined as the logical study of quantities, magnitudes,
arrangement and change, and of the methods for using rigorously defined
self consistent symbols to make their properties and exact relationships known,
either in the abstract or in their practical applications.
Natural Sc ienc e is defined as the study of the physical universe, and is divided
into two general areas: biological science and physical science.
ELECTIVE SUBJECTS
Co urse Equivalents
Studies to total the Board approved equivalent of 160 semester hours of credit
are required. The 24 semester hours required beyond the minimums listed may
be taken in any one or more of the six subject areas and/or specialized elective
subjects outside of the professional program.
PROFESSIONAL EDUCATION REQUIREMENTS
HISTORY OF ARCHITECTURE AND HUMAN BEHAVIOUR
Co urse Equivalents
History of Architecture at least 12 semester hours
Human Behavior at least 6 semester hours
History o f Arc hitec ture is defined as the study of construction by which human
needs have been satisfied and human aspirations have been met.
Human Behavior is defined as the study of characteristics and behavior of
individuals and groups, including those with varying physical abilities, that relate
to the physical environments in which they function, and to the process of
environmental modification and change.
ENVIRONMENT
Co urse Equivalents
Environment.
Page 13 of 18
Enviro nment is defined as the basic principles of ecology as well as the actions
with respect to environmental and resource conservation in architecture and
urban design for which the architect is responsible. It includes the constructed
artifacts and service infrastructure as well as the climatic, geographic and other
natural characteristics of the site that influence the setting for architecture.
DESIGN and GRAPHIC COMMUNICATION REQUIREMENT
Co urse Equivalents
At least 50 semester hours of credit, including a Level IV design studio
sequence.
Design is defined as analysis, synthesis, judgment and communication which
architects use to understand, bring together, assess and express ideas which
lead to a built project.
Design studies are divided into four levels, not necessarily corresponding to the
year of instruction. These levels are:
Level I
Individual learning experiences within a non building
spatial context; familiarity with spatial analysis, design process; design
literacy; research skills.
Level II Simple projects with emphasis on the natural environment,
user space studies and further skill development; introduction of
qualitative technical material; the use of precedents in architecture
and urban design; a minimum proficiency in the design and
communication of simple buildings with a basic understanding of
construction and structural systems; data analysis, programming, site
analysis and design.
Level III Simple and complex building studies with qualitative
technical input; total building synthesis developed; a general
proficiency in the complete design of simple buildings and design for
accessibility; development of collaborative skill; a minimum ability to
deal with complex buildings and multi building complexes; site
analysis and design.
Level IV General proficiency in the total synthesis of complex
buildings and related systems; integration of technical information;
social and environmental ramifications of planning and architecture;
project emphasis on advanced building design, planning and urban
design. Level IV work must indicate a mastery of data collection,
research and analysis, programming, planning, design, graphic
communication, structures, building systems, landscape and site
design and other related knowledge.
Page 14 of 18
Basic Design studies, courses in graphic communication, computer assisted
design and photography may be used to fulfill Level I requirements. Levels II-IV
must be satisfied by the completion of studio courses. Completion of a
comprehensive studio in Level III or Level IV is required.
Candidates must include, among other things in their Portfolio of Academic Work,
a comprehensive studio and representative Level IV design work for review by
the CACB Assessment Committee (see application form).
TECHNICAL SYSTEMS REQUIREMENT
Co urse Equivalents
At least 24 semester hours credit in:
Structural Systems at least 6 semester hours
Environmental Control Systems at least 6 semester hours
Construction Materials and Assemblies at least 6 semester hours
The remaining 6 semester hours must be taken in at least two of the three areas,
or in studies of Building Systems Integration.
Struc tural Systems are defined as the basic structural elements of a building,
their interaction as a support system, the forces that act on or in buildings and
the principles and theory upon which an understanding of these systems is
based. An acceptable sequence of study should include the theory of structures,
(including statics, principles of equilibrium and stability, resolution of forces,
shear and bending moments, strength and mechanics of materials, analysis of
structural elements, and sizing of structural members.) and the design of
structures, (including the selection and design of structural systems in wood,
steel and concrete appropriate to a variety of building types and span conditions.)
Enviro nmental Control Systems are defined as building elements that pertain
to the modification of the microclimate for the purpose of human use and comfort.
An acceptable sequence of study will include theory and applications in the areas
of heating, air conditioning, lighting (natural and artificial), plumbing, waste and
fire control systems, building core systems and acoustics. Studies will also
develop an understanding of related issues such as energy efficiency and
alternative energy systems and strategies, health and safety codes and
requirements, and environmental quality.
Co nstruc tio n Materials and Assemblies are defined as the characteristics of
building materials and how they are made and applied in a building project.
An acceptable sequence of study will include properties and behavior of
materials, performance of materials and assemblies under use, material selection
and detailing, the building industry, codes and standards affecting the design and
construction of buildings, construction sequences and procedures, and relative
economies of material and component choices.
Page 15 of 18
Applicants must include, among other things in their Portfolio of Academic Work,
representative projects, assignments or examinations that demonstrate adequate
performance in Environmental Control Systems, Construction Materials and
Assemblies and the integration of Technical Systems, for review by the CACB
Assessment Committee (see application form).
KNOWLEDGE OF THE PROFESSION REQUIREMENT
Co urse Equivalents
At least 6 semester hours credit in Knowledge of the Profession
Knowledge of the Pro fession is defined as the study of the technical, business,
legal and ethical environment in which the practice of architecture occurs,
including the range of activities involved in a typical architectural project as it
moves from inception through completion of construction; the concepts, ethics
and procedures for organizing an architectural practice; the financial aspects of
building, including the economics of development and the legal context and rules
of professional conduct, that affect architectural practice.
Practical experience in this subject area is acceptable only if it was accumulated
in fulfillment of a supervised academic program requirement that has been
evaluated and appears on the transcript of student grades.
3
Performance Standards
An applicant must demonstrate that they possess the knowledge and skills
defined by the standards set out below. These knowledge and skills are the minimum for
meeting the demands of an internship leading to registration for practise. While the
CACB stipulates the student performance standards that must be met, there is a range
of acceptable forms of academic work that may serve as evidence of having met these
standards.
The Assessment Committee will assess some performance standards on the
basis of transcripts and detailed course descriptions, while other standards will require
evidence in the form of a Portfolio of Academic Work, as described in the CACB
instructions accompanying the Application Form. It is therefore important that the make
up of the Portfolio of Academic Work submitted by the applicant be prepared according
to the submission requirements for each category and carefully considered with the
relevant performance standards in mind.
The performance standards encompass two levels of accomplishment:
Understanding means the assimilation and comprehension of information
without necessarily being able to see its full implication.
Ability means the skill in using specific information to accomplish a task, in
correctly selecting the appropriate information, and in applying it to the solution of
a specific problem.
Page 16 of 18
The Assessment Committee will review the application, including the program
description, detailed course outlines and the Portfolio of Academic Work to determine if
the applicant has met the CACB standards as follow:
History & Human Behavior Studies
3.1
Understanding of the architectural canons and traditions in architecture,
landscape and urban design, including the vernacular traditions, as well as the
climatic, technological, socioeconomic, and other cultural factors that have
shaped and sustained them.
3,2
Understanding of the theories and methods of inquiry that seek to clarify
the relationship between human behavior and the physical environment.
3.3
Understanding of the diverse needs, values, behavioral norms, physical
ability, and social and spatial patterns that characterize different cultures and
individuals and the implication of this diversity for the social roles and
responsibilities of architects.
Enviro nment Studies
3.4
Understanding of the principles of ecology and sustainability both in
making architecture and urban design decisions that conserve natural and built
resources, including culturally important buildings and sites, and in the creation of
healthful buildings and communities
3.5
Understanding of the ethical issues regarding the ecology of the natural
and built environments as a fundamental responsibility of professional
stewardship of the environment.
Design & Co mmunic atio n Studies
3.6
Understanding of the fundamentals of visual perception and the principles
and systems of order that inform two- and three-dimensional design, architectural
composition, and urban design.
3.7
Ability to use appropriate representational media, including freehand
drawing and computer technology, to convey essential information at each stage
of the pre-design and design process.
3.8
Ability to make technically precise drawings and develop an outline
specification for a proposed design
3.9
Ability to apply fundamental architectural principles in the design of
buildings, interior spaces and sites, and to respond to natural and built site
characteristics in the development of a program and the design of a project.
3.10 Ability to prepare a comprehensive program for an architectural project
that accounts for client and user needs, appropriate precedents, space and
equipment requirements, the relevant laws and standards, and site selection and
design assessment criteria.
3.11 Ability to produce and document a comprehensive architectural project
based on a building program and a site, and that includes the development of
forms and spaces demonstrating an understanding of structural and
environmental systems, building envelope systems, building assemblies and lifesafety provisions, and of the principles of sustainability and environmental
stewardship.
Page 17 of 18
Tec hnical Studies
3.12 Understanding of principles of structural behavior in withstanding gravity
and lateral forces and the evolution, range, and appropriate application of
contemporary structural systems
3.13 Understanding of the basic principles and appropriate application and
performance of environmental systems, including acoustical, lighting, climate
modification systems and energy use.
performance of plumbing, electrical, vertical transportation, communication,
security, and fire protection systems
3.15 Understanding of the basic building science principles and the
appropriate application of building envelope materials and assemblies in the
Canadian environment
performance of various construction materials, products, components, and
assemblies common to the Canadian construction industry, including their
environmental impact and reuse
3.17 Ability to integrate appropriate technical systems into a complex building
and to use appropriate representational media, including freehand drawing and
computer technology, to convey essential technical elements at each stage of the
design development process
Knowledge of the Pro fession
3.18 Understanding of the responsibility of the architect to seek out,
understand, and resolve the needs of the client, owner and user.
3.19 Understanding of obtaining commissions and negotiating contracts,
managing clients, selecting consultants and recommending project delivery
methods and forms of service contracts.
3.20 Understanding of the fundamentals of building cost, life-cycle cost, and
construction estimating.
3.21 Understanding the workings of the Canadian construction industry and
the role of the architect in the construction process.
3.22 Understanding of the basic principles and legal aspects of practice
organization, including business planning, office and personnel management,
financial management, project management, risk mitigation and dispute
resolution, as well as an understanding of trends that will affect practice.
3.23 Understanding of the architect s responsibility under the laws, codes,
regulations and contracts common to the practice of architecture in Canada.
3.24 Understanding of the ethical issues involved in the formation of
professional judgment in architectural design and practice.
3.25 Understanding of the role of internship in obtaining licensure and
registration and the mutual rights and responsibilities of interns and employers.
END
Page 18 of 18
NOTES AND RECOMMENDATIONS
ARISING from the
CANADIAN EDUCATION STANDARD REVIEW
For the RAIC/Regulators CACB Task Force
15 February 2009
In the interests of providing a focused submission for consideration by the
Task Force and others, I have limited my documentation to the proposed revision
of the existing CES document, and these short notes on the tasks related to the
review that will be finalized by others with a direct stake in their ongoing
workability. The bulk of the supporting information and detailed reasoning for
decisions remains in the file, although much has been seen in the email
exchanges and the Round Table presentation. The proposed Conditions and
Procedures for the Certification of Educational Qualifications is therefore a
document that can be implemented as written, and it is hoped that the
consultation to this point will result in only a few revisions following the review by
the Regulators. It is important that preparation for the new principle of
Performance Standards begin as soon as possible, as the transition could take
some time. Possible development of a Canadian Competency Standard may
ultimately require revisions the this CACB document (as may the final revision
and adoption of a new C&P for Accreditation document), but early adoption of the
C&P for Certification document by the Regulators would allow for valuable
experience with performance standard-based assessment and examination.
When is a Standard not a Standard
The most visible differences between the proposed document and the
current one are its title and its format. The first draft of the review for circulation
and comment was the old Canadian Education Standard with changes to the text
and a somewhat integrated section of Performance Standards. This was partly
an effort to respect the original format that had come as part of the agreements
with NAAB and NCARB arising from the NAFTA discussions, and which was
seen by some as necessary to maintain for that reason.
It was apparent to many that the current document was not really the
Canadian education standard, but mostly a procedures document for the
Certification of non-accredited degrees, with a section of standards against which
to assess an architecture curriculum. That was because that is its job. It seemed
much more clear to just call it that, incorporate the Performance Standards
required by the Regulators, and to organize it in such a way as to put it into
context with the idea of an overriding Competency Standard (yet to be
developed) and the existing C & P for Accreditation. Initial response to the format
was positive, so here you have it. As was my mandate, I have proposed a
rigorous but fair CACB working document for the issuance of Certificates and the
assessment of non-accredited degrees and diplomas (including Curriculum and
Performance Standards for that purpose), without bearing the heavy burden of
being THE Canadian Education Standard. I will leave that burden to the
Canadian Competency Standard.
The Issue of Subjectivity in Assessments
The most significant departure that this proposed document has taken
from its original form as the Canadian Education Standard is the incorporation of
performance standards against which the quality of a candidate s work is
assessed. This has come from the Regulators, whose experience has raised
concerns that the current input model of assessment does not reliably predict
the quality of the output and that this is not in the public interest. The move by
Regulators toward documented performance standards for assessment
(including an interest by NAAB/EESA and NCARB, I understand) has been
accompanied by the apparent need for measurable outcomes, in part to assure
that our assessment of standards is objective (as opposed to subjective ) and
thereby not in our own self-interest.
There are some, including long time academic evaluators whose job it is
to be fair and impartial, who are skeptical that the use of performance standards
can be done without the risk of subjective judgments. There is also concern
that, while it is reasonable to confirm that the subject matter of a university
program is acceptable to us, it is both unnecessary and impolite to question the
standard of performance of a long standing and recognized university.
I think that the profession has answered the last question. While we are
actively seeking international agreements that will allow recognition of foreign
schools about which we have no direct knowledge but rely on the judgment of
others, we still see it in the public interest to confirm the quality of other programs
through the work of their graduates. As for the question of subjective
judgments, I am of the opinion that they are unavoidable in this context and quite
acceptable. I prefer to use the term professional judgment , which includes both
subjective and objective decisions for a reason.
There is a limit to our ability to disaggregate professional competence
into a set of outcomes measurable by objective means. That is why the idea of a
self-governing profession was invented. Society decided some time ago that it
was sometimes in the public interest to leave the decision as to who was
qualified to act in matters that could adversely affect its citizens in the hands of
those with the special knowledge of how to safely act. A doctor could know better
who was qualified to be a doctor than a layperson. In exchange for this power
came the professional responsibility to act in the public interest and not in one s
own. That is what a self-governing profession is. Many decisions architects make
are by current definition subjective , being connected as they are to an
individual s judgment, but they are not arbitrary, nor are they self-interested. This
should be the case in architectural education, professional practice and in the
assessment or evaluation of current or prospective members of the profession.
Society may have good reason the reconsider that decision, but to date have not.
The concept of professional rights and responsibilities is still operational.
We do have an obligation to be as clear as possible about the criteria by
which professional membership will be granted or denied. They must allow a
candidate to fairly prepare for assessment or examination, result in equitable
treatment in case after case, and provide a consistent basis for reconsideration
or appeal. They must also protect our ability to make professional judgments
about competence in the public interest.
* * *
Guidelines for Assessment Committee and Work/Study Assessment
Committee makeup and review processes.
The Assessment Committee
The increase in the number of Portfolios now required for assessment,
and the resources needed to evaluate all of them against the new Performance
Standards should have some effect on the makeup and process of the
Assessment Committee. I have received advice from CACB staff and the current
Assessment Committee members, and have discussed the assessment process
with Pei Liu at NAAB.
The NAAB/EESA process has 4 individual assessors with academic
backgrounds, living outside of Washington, who handle about 280 assessments
a year. Applications are received and organized in the Washington office and
sent to an assessor, who completes the entire assessment, including the
transcript analysis. Only a portion of these applications includes a portfolio. The
Washington office reviews each assessment for consistency, and facilitates any
requests an assessor may have for additional material, such as a portfolio. The
CACB process has the transcript analysis done in Ottawa by CACB staff, then
the application passed to a centralized standing committee for review, discussion
and decision. Currently, only a portion of these applications includes a portfolio
as well. Neither of the above includes judgments of performance that could
cause an application meeting the curriculum criteria to be rejected on the basis of
performance, which is not only possible, but also likely, in the assessment
process being proposed.
The CACB Committee structure does help with the consistency of the
assessments, so there is some reason to consider continuing with a good
balance of academic experience (to be able to speak the language of the
transcript ), and practice/intern experience. On the other hand, to continue
having the whole Committee meet to discuss and make the final assessment
decision implies a centralized committee membership (or a significant travel
budget), so will likely put a significant strain on the resources available in Ottawa.
Notwithstanding the real concerns about consistency of judgment as noted
earlier, I recommend that:
the Assessment Committee consist of a Chairperson appointed by the
Board, and Members in a number sufficient to their task, to be determined
by the Board ;
each applicant s file be analyzed according to the Curriculum Standards
by the Coordinator, Certification Program, then forwarded for assessment;
each applicant s file and Portfolio of Academic Work be assessed against
the Performance Standards by an individual member of the Assessment
Committee;
each initial assessment that recommends rejection be assessed by a
second Member;
the Chairperson, the Executive Director and the Coordinator, Certification
Program, meeting together, review every assessment report and
recommendation for consistency and correctness. A report may be
forwarded, or returned to a Member with comment, for reconsideration;
each Member s final report and recommendation be submitted to the
Registrar for the issuance of a Certificate and/or notification of the
decision to the applicant;
the Assessment Committee meet as a whole annually to review the
assessment process, share and discuss issues arising from both their
Committee work and from the Regulators point of view, and to help train
new or prospective Members.
This process will allow for a broader source and selection of
Members/Assessors and reduces the assessment time for individual Committee
Members. It keeps the curriculum review in the central office where the reference
resources and transcript experience are, and focuses the quality control task on
a smaller group of experienced people. Once again, its success depends on a
detailed and documented set of assessment criteria, and on a consistent and
well-trained set of assessors, as discussed above.
The Work/Study Assessment Committee
The Graduate Diploma of the RAIC Centre for Architecture at Athabasca
University and its predecessor the RAIC Syllabus of Studies are non-accredited
diploma programs that will be assessed under Part B-2 of the C&P document.
This diploma program is familiar to the profession in Canada and unique in its
structure, which presents both challenges and opportunities for a fair and
equitable assessment of Diploma graduates. A separate Work/Study
Assessment Committee was proposed for two reasons:
Firstly, the nature of both the Centre and its Graduate Diploma was, and
remains at the time of this writing, neither entirely clear nor officially approved.
Enabling a customized assessment committee and assessment process in the
C&P for Certification document gives the CACB the flexibility to establish
separate criteria and procedures for this program (or not) as may be appropriate
without revising the C&P document; and
Secondly, the Graduate Diploma has long represented itself as an
alternate route to registration, different from a school of architecture and relying
on the students daily office experience as part of the educational program. It
seems to follow that neither the Student Performance Criteria for accredited
degrees (since the Graduate Diploma is not seeking accreditation), nor the
Performance Standards for non-accredited degrees or diplomas (that rely on
student performance in only documented course work, and excludes
experience), were entirely appropriate for a work/study program. This proposal
allows the Work/Study Assessment Committee to require and evaluate evidence
that is appropriate to a work/study program, including the office work portion.
Given the various interests affected by the outcome, it is my recommendation that an appropriately constituted work group be established by the CES
Task Force to articulate how each part of the Graduate Diploma program
addresses the standards in the C&P document, and what evidence might be
submitted to the CACB for proper assessment of a graduate. This will assist in
establishing portfolio requirements and oral examination criteria for the
assessment of the Graduate Diploma. This is not to be an assessment or
evaluation of the diploma program, but a determination of how a diploma
graduate can best be assessed. While final decisions must await the final details,
early discussions among the group may be useful to those developing the new
diploma program. The interests of the Regulators, Athabasca University, the
CCUSA, the CACB and the RAIC, including current Syllabus representatives,
should be considered by the work group.
* * *
Guidelines for Portfolio submissions.
Every applicant must now submit a Portfolio of Academic Work, and it
must contain specific material that the Assessment Committee needs to make its
judgment. The Assessment Committee will review the whole application,
including the program description and detailed course outlines as well as the
Portfolio of Academic Work to determine if the applicant has met the CACB
standards. To require the submission of every piece of an applicant s schoolwork
would be unnecessary and, in most instances, impossible. In the interest of
fairness to the applicant, and in consideration of the magnitude of the
assessment task, the Portfolio should be limited to work that demonstrates
performance that is not verifiable through the other means.
Experienced assessors have confirmed that some areas of achievement
may be reasonably judged on the basis of detailed course descriptions plus a
verifiable passing grade without including work in the Portfolio. Of the 6 subject
areas, this applies to the subject areas General Education & Electives, History &
Human Behavior, Environment and Knowledge of the Profession. In the
Technical Systems area, structural analysis may also be assessed on the basis
of detailed course descriptions.
Applicants should therefore include in their Portfolio of Academic Work
representative projects, assignments or examinations that demonstrate adequate
performance in Environmental Control Systems, Construction Materials and
Assemblies, and in the application of structural theory to the required range of
structural systems (wood, concrete & steel). The Portfolio should also include a
comprehensive studio, representative Level III/IV design work, and any additional
studio and project work necessary to demonstrate adequate performance in the
standards for Design & Communication Studies outlined in Part C of the C&P
document, and especially standards 3.9, 3.10 & 3.11. More than one project will
be required to do this.
To accommodate the variety of assessment tasks, the Board may adjust
these Portfolio requirements for applicants such as those with the Graduate
Diploma of the RAIC Centre for Architecture at Athabasca University and its
predecessor the RAIC Syllabus of Studies, or applicants who graduated from a
currently accredited Canadian school of architecture but whose degree was
granted prior to the school being accredited by the CACB. It is also important to
restate that the success of a meaningful and fair assessment of a Portfolio of
Academic Work depends on a detailed and documented set of assessment
criteria, and on a consistent and well trained set of assessors, as discussed
above.
* * *
Guidelines for Issuanc e of a Conditional Certificate.
A Conditional Certificate may be issued if, in the judgment of the
Assessment Committee, the applicant s record shows minor deficiencies that
would not substantially affect their ability to perform as an Intern, and on the
condition that the deficiencies are removed to the satisfaction of the Committee
within a prescribed period of time.
A Conditional Certificate should not be awarded for marginal quality work
that might be salvageable by further studies, or for significant gaps in General
Education. Those cases can reapply after the work is upgraded as outlined in
Part B-4 of the C&P document. It should be limited to applicants with acceptable
quality portfolio work who are deficient in a small amount of coursework (not
studios) for which remedial courses or CACB-approved activities are reasonably
available.
Deficiencies should be limited to 3 course equivalents and be removed
within 2 years. They should normally be limited to these subject areas: English or
French Composition*; Environment; Technical Systems 1 course each in of
Environmental Control Systems and Construction Materials and Assemblies; and
Knowledge of the Profession* 1 course.
* For Discussion:
If an English or French Composition course is the only evidence of the
necessary language ability, this deficiency should not be allowed for a
Conditional Certificate. If language ability is satisfied in another way, this
deficiency could be removed during the Internship. If neither is the case,
the C&P doc ument should contain a requirement for evidence of
language proficienc y.
It is likely that a number of foreign applicants will lack formal instruction in
practice and construction matters for the Canadian context, but that their
basic understanding of the architect s task may allow them to learn these
in an Internship. While coursework, including professional continuing
education courses, are available for this deficiency, it has been suggested
that successful completion of the registration examinations or an oral
examination part way through the Internship may also be considered. The
risk here is in appearing to support the idea that the quality of the formal
education is irrelevant - that if you pass the exam and the interview, you
are qualified (an opinion that has been expressed by some in the course
of this review). It may also imply that the significant number of Knowledge
of the Profession performance standards required in both the
Accreditation and Certification documents are really not necessary to
begin an Internship. On the other hand, a properly supervised Internship is
a good learning environment for this subject area. It is a question of how
you evaluate it.
* * *
Canadian Competency Standards in Architecture.
While it is outside of the mandate of the CES Task Force, the principle of
a national Competency Standard has been raised and discussed in the course of
this review as a good way to bring consistency to the body of decisions that
individual authorities make regularly related to education, experience and
licensing. It is particularly useful as some Regulators move toward measured
outcomes for their internship interviews, etc.
The idea seems to have found a champion, and the Canadian
Architectural Licensing Authorities seem to be agreeing on the value of the
Canadian Competency Standards in Architecture and seeking the ways and
means for its development. The Competency Standards have been written into
the new C&P document as an initiative that is underway, but not yet completed,
so it is not necessary that the Competency Standard be operational for this
document to make sense. It will make more sense when a documented
Competency Standard becomes the guiding principle, but in the meantime will
serve as a good transitional tool for the CACB to introduce the principle of
Performance Standards to non-accredited degree assessment.
I would make three observations on the development of a Competency
Standard. Firstly, the Standard should be broad enough to include all of the
profession s expectations of education, internship experience and even
continuing professional competence. This means that the templates most readily
available are usually written by regulators and are related to their responsibility in
examining the practicum or internship. As a result, they usually do not include the
competencies they assume that the candidates schooling has provided. The
Australian Competency Standard acknowledges this in its introduction. The new
Canadian standards should be comprehensive, particularly if it is to become the
basis for an Education Standard.
Secondly, it should hold to the Goldilocks principle: neither too general
nor too specific. It should read as a comprehensive expression of principles by
itself and serve as the basis for, but not include, more detailed measures that
may be developed to evaluate a particular competency. For example, the ExAC
document has a number of clauses under the Construction Document
requirement, one of which is Evaluate material assemblies and their influence
on design and documentation . This clause has a number of sub-clauses,
including Evaluate an acoustic assembly and Evaluate a fire stop assembly . In
my opinion, Understand Construction Documents is too general, Evaluate a
fire stop assembly is too specific and Evaluate material assemblies
is just
right.
Finally, my comments in the note on subjectivity in assessment (above)
regarding the limits of objective measurement apply to this important document
as well, if not more so. We need a clear and comprehensive Competency
Standard; just don t give away the farm.
END
4.4
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 4.4
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Date:
April 14, 2009
Subject:
Ontario Building Officials Association (OBOA)
Self Management Proposal
Objective:
To consider approval of the attached draft letter to the OBOA in response to the stakeholder
consultation process regarding their final draft of a proposal for self-management.
Background:
1. The OBOA has been pursuing ‘self-management’ or ‘regulatory’ status for quite a number of
years now and in July 2007 the OBOA signed a Memorandum of Understanding (MOU) with the
Ministry of Municipal Affairs and Housing (MMAH) agreeing to jointly develop and consult on a
legislative/regulatory framework that would establish the OBOA as a designated administrative
authority through legislation. The framework would govern the scope and conduct of such an
authority and its members. A copy of that MOU and periodic updates were provided to Council
over the course of the past two years.
2. As a reminder, OAA Council provided support in principle of the concept of self-management
for building officials in December 2006 and subsequently, after review of a first draft of their
proposal to MMAH last August, the OAA provided a second letter of support. Notwithstanding
the OAA’s general support for the self management proposal, the Council did feel it appropriate
to raise a number of issues which it felt should be considered or addressed should this proceed
further. Those issues are contained in the attached letter from then President O’Reilly dated
August 7, 2008.
3. Since August 2008, the OBOA has continued to work with MMAH staff to refine and further
enhance their proposal, in part based on feedback that had been received from OAA and PEO
and also their own membership and members of the Large Municipalities Chief Building Officials
(LMCBO).
2
4. In February of this year, the OBOA finalized their proposal for consideration by the Minister,
however prior to submission were directed to conduct a broad stakeholder consultation process
during the month of March. All stakeholder groups have been invited to submit comments
which would be forwarded as part of the package to the Minister by May 15, 2008.
OAA President Doyle and I attended the design & construction industry session on March 31,
2009 in Toronto. The session consisted of a detailed PowerPoint presentation by the OBOA
which outlined the background to the development of the proposal, the process undertaken by
the OAA, and the concepts within the proposal. A copy of the full proposal which will be
submitted to the Minister is attached for consideration as well as a copy of the PowerPoint deck.
I can confirm that the content has not been changed substantially since the August 2008 draft
which OAA Council reviewed and supported in concept.
5. Following our attendance at the stakeholder session, President Doyle and I have discussed
the matter further and would suggest that there does not appear to be any reason why the OAA
would not be in a position to continue its support in concept. During the stakeholder session
we did raise verbally those issues that were outlined in letter of August 2008, specifically those
concerns contained in point #2, and assurances were given to us that those issues would be
appropriately addressed and/or confirmed in the proposed legislation or within formal policy.
6. Notwithstanding the suggestion for continued support of the OBOA in their pursuit for self
management status, it would still be appropriate for the OAA to continue to raise those issues
which will need to be addressed if this proceeds and that the OAA anticipates that it will
continue to be consulted, and/or involved in its further development.
7. Council is asked to consider the draft OAA response to the OBOA consultation regarding its
self management proposal.
Action:
OAA Council approval of the draft response to the OBOA regarding their self-management
proposal is requested.
Memorandum
To:
Council
Sean O’Reilly
Jerry Chlebowski
David Craddock
James Farrow
Peter Gabor
Paul Hastings
Elaine Mintz
Vladimir Popovic
Sheena Sharp
George Teichman
Lou Ampas
Louis Cooke
Gerrie Doyle
Pawel Fiett
Brad Green
Angelo Kalmantis
Rob Newman
Kevin Robinson
Andre Sherman
Michael Visser
From:
Kristi Doyle,
Director of Policy
Date:
July 7, 2008
Subject:
Ontario Building Officials Association
Self-Management Proposal
Objective:
To provide Council with an update regarding the Ontario Building Officials Association’s (OBOA)
proposal for self-management.
To consider approval of a draft response to the OBOA from the OAA as a stakeholder group
relative to the self-management proposal.
Background:
1. You will hopefully recall that I have been providing periodic updates to Council regarding the
OBOA’s pursuit of some form of regulation/self-management. This initiative has been ongoing
for many years now. You may also recall that the OAA provided support in principle of the
concept of self-management for building officials in December 2006.
2. In September of last year, the OBOA signed a Memorandum of Understanding with the
Ministry of Municipal Affairs and Housing, agreeing to jointly develop and consult on a
legislative/regulatory framework that would establish the OBOA as a designated administrative
authority through legislation. The framework would govern the scope and conduct of such an
authority and its members. A copy of that MOU was provided to OAA Council in the September
2007 Open Council package for information. I have attached a copy of the MOU once again for
reference.
3. In accordance with the MOU, the OBOA and MMAH staff jointly submitted to the Minister of
Housing a report which outlined the policy and operational elements of a potential legislative
and regulatory framework in early January.
2
4. Shortly thereafter the OAA received a copy of the OBOA Proposal for Self-Management:
Consultation Draft Document with a request for review & comment from the OAA as one of the
key stakeholder groups. (PEO and the municipalities have been invited to comment as well).
The OBOA also offered to meet directly with OAA representatives to present the proposal and
be available to answer any questions we might have. A copy of the Consultation Draft is
attached.
5. In discussion with President O’Reilly we agreed to meet with OBOA along with Vice President
Popovic (Strategy), Vice President Sharp (Practice and EABO member), Councillor Farrow
(EABO member) and Immediate Past President Craddock who had been involved in earlier
discussions with the OBOA on this subject.
6. As anticipated, following the presentation (which also included representatives of the PEO as
well as MMAH), the OBOA requested that the OAA formally respond in terms of our position on
the issue. Attached you will find a draft response to the OBOA relative to their Consultation
Draft which is based on our review of the Consultation Draft Document and which has been
developed in cooperation with the members of Council noted in item 5. above. Council is being
asked to consider approval of the draft response at this time.
7. For information, broader stakeholder consultation will occur later this fall and the OAA will be
given another opportunity to review and respond to the OBOA proposal as well.
Action:
OAA Council approval of the draft response to the OBOA regarding their self-management
proposal is requested.
Attach. Memorandum of Understanding between OBOA and MMAH dated July 2007
OBOA Proposal for Self-Management: Consultation Draft Document
Draft response to OBOA from OAA President O’Reilly
May 7, 2009
Ms. Lynn Balfour
President
200 Maycroft Avenue, Unit 8
Woodbridge, ON L4L 5X4
Dear Ms. Balfour:
I am writing on behalf of the Ontario Association of Architects in regards to the OBOA’s recent
Notice of Public and Identified Stakeholder Consultation. I attended the March 31, 2009
Industry Consultation Session, along with OAA Director of Policy Kristi Doyle and found the
presentation to be extremely detailed and useful in ensuring a clear understanding of the
background to this initiative, the rationale and content.
Based on our review of the final draft proposal and our attendance at the March 31, 2009
session, I would like to confirm that the OAA continues to support the principle of a selfmanagement framework for building officials where it would assist in addressing issues of
consistency of Building Code interpretation and enforcement as well as lead to a more efficient
means of implementing standards of practice and process between the design community and
building officials. Properly implemented this proposal could also serve to address disputes which
may arise between building officials and architects/engineers. We are also in support of a model
which would ensure standardized training and certification of building officials as a means to
further legitimizing them as a recognized group of individuals.
As a self-regulating body the OAA views the intended direction as a means to address the need
for a more professional approach to issues being faced by building officials that affect the design
and construction industry as a whole.
The OAA has previously conveyed its support in principle for this initiative and have also at the
same time conveyed some areas of concern that we feel must be addressed should this move
forward to the next step of having legislation drafted.
I do want to reiterate some of those comments/concerns on behalf of the OAA that were raised in
the August 8, 2008 letter to you from then President Sean O’Reilly:
1. We continue to support the concept of mandatory representation from our profession
and the engineering profession on the OBOA Board in order to allow for input and
transfer of information from our professions directly to the OBOA given the level of
interaction between our three professions.
2. We do continue to have some concern as to how the final structure would be applied to
architects and engineers who are employed as building officials as well as potential
impact on the individuals who provide code consulting services. For example:
i) Given the education, training and knowledge of our own profession we
understand that additional training and examination would not be required for
architects under OBOA membership requirements.
…/2
2
ii) As the sole regulator of the practice of architecture in Ontario we would like to
point out that there cannot be a direct impact on the scope of architectural
practice, nor would membership within the OBOA permit any individual who is
not a licensed member of the OAA to practice architecture in any way.
iii) We understand that those individuals that would be registered under the
OBOA as CBCO’s would always be employees of a municipality, health unit or
conservation authority. Or, be contracted to provide CBO services as a
Registered Code Agency to any three of those entities. We assume this will be
addressed within the legislation if this proceeds.
3. We continue to suggest that further clarification be given around the disciplinary
process given that we still see an overlap with the municipal employer who may have
concern with this aspect of the proposal as the OBOA would likely be seen as a third
party. We urge the OBOA to come to some agreement on these issues with
municipalities ahead of implementation as we feel this would be crucial to ensuring a
smooth functioning regulatory process.
4. We would like to urge the OBOA to ensure that the education component of
registration includes not only Building Code knowledge but also sound knowledge of
general construction principles.
st
5. An additional area of concern that has arisen for us as a result of the March 31
session and our review of the final proposal centers around the matter of objective based
codes and how interpretation of alternative design solutions factor in the roles and
responsibities of the Building Official and governance under this self-management
proposal.
6. Finally, we must express concern relative to the need for uniform application of the
self-management proposal and what seems to be an exemption from the main tenants of
this initiative in that Chief Building Officials will be provided autonomy when said to be
exercising their discretionary powers under the Building Code.
The OAA appreciates the effort that the OBOA has made to keep us informed of its progress on
this initiative and its work with the Ministry of Municipal Affairs & Housing. We look forward to
being involved further should the Minister support the final proposal and proceed with drafting the
required legislation.
Sincerely,
Gerrie Doyle, OAA, RAIC
President
Cc:
Michael DeLint, Ministry of Municipal Affairs and Housing.
OBOA Self Management Proposal
March 17, 2009
Stakeholder Sessions
Proposal for Self-Management
Consultation Document
Report to the Minister of Municipal Affairs
and Housing
March17, 2009
Submitted to:
The Building and Development Branch
Ministry of Municipal Affairs and Housing
777 Bay Street 2nd Floor
Toronto, ON M5G 2E5
Submitted by:
200 Marycroft Avenue, Unit 8
Woodbridge, ON L4L 5X4
Page 1 of 103
March 17, 2009
OBOA SELF MANAGEMENT PROPOSAL
Index
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
Purpose Statement
Executive Summary
Introduction
Self Management Proposal
3.1
The Case for Self Management
3.2
3.2.1 Standardization
3.2.2 Education
3.2.3 Experience
3.2.4 Objective Based Codes
3.2.5 Construction Professional Attrition
3.2.6 Industry Efficiency
3.2.7 Industry Partnerships
3.2.8 Enhanced Safety and Reduced Liability
MMAH and Stakeholders
Core issues to be Addressed
4.1
4.1.1 Public Safety
4.1.2 Public Interest
4.1.3 Municipal/Principal Authority Employee Relations
Accomplishment of the Self Management Proposal Goals
4.2
Next Steps
4.3
Overview of Regulated Authority and Self Management
Self Management The Real Estate Example
5.1
The Real Estate and Business Brokers Act, 2002
5.2
Administrative Authority: The Safety and Consumer Statutes
5.3
Administration Act (SCSAA)
How the SCSAA Delegates Authority
5.4
The Administrative Agreement
5.5
The OBOA as a Delegated Administrative Authority
OBOA Governance Principles
Governance Objectives of a Regulated Administrative Authority
7.1
Governance related to Certification, Conduct and Complaints
7.2
Final Considerations
7.3
Key Elements of the Proposed Self Management Framework
Scope
8.1
8.1.1 Persons to be Regulated
8.1.2 Work Functions to be Regulated
8.1.3 Duties, Conduct, Standards and Services to be Regulated
8.1.4 Scope of Complaints to be Regulated
8.1.5 Assignment of Administrative Responsibilities to OBOA
8.1.6 Prohibitions Regarding Persons not Members of OBOA
8.1.7 Exemptions
4
4
7
7
14
14
14
14
15
15
15
15
15
17
17
17
18
18
19
22
22
22
23
23
24
24
27
28
28
29
30
32
32
32
32
33
35
35
36
37
Page 2 of 103
March 17, 2009
8.2
9.0
Governance
8.2.1 Process for Development of regulations
8.2.2 How are Regulations Developed?
8.2.3 Authority of the OBOA to Administer Examinations and Training
8.2.4 Authority of the OBOA to set Practice Standards
8.2.5 Authority of the OBOA to set Fees
8.2.6 Composition and Appointments to the Council/Board of Directors
8.2.7 Meetings of the Council/Board of Directors
8.2.8 Committees of the Council/Board of Directors
8.2.9 Powers of the Council/Board of Directors to pass bylaws and their
Relationship to the Act and the Regulations
8.2.10 Immunity of the OBOA for Acts Done in Good Faith
Qualification and Certification
8.3
8.3.1 Foundation Studies Necessary to Enter the Profession
8.3.2 Internship Studies
8.3.3 Qualification Studies
8.3.4 Certification Studies
8.3.5 CBCO Certification
Complaints, Informal Dispute Resolution and Discipline Process
8.4
8.4.1 Rules
8.4.1.1 Code of Ethics
8.4.1.2 Incompetence and Negligence
8.4.1.2.1 Incompetence
8.4.1.2.2 Negligence
8.4.1.3 Rules of Professional Conduct
8.4.1.4 Basis of Complaints
8.4.2 Process Overview
8.4.3 Process Structure
8.4.4 Process Procedure
8.4.5 Municipal/Principal Authority Interest
Reporting
8.5
8.5.1 Annual Report to the Minister
8.5.2 Role of the Minister to Review Activities of the Council/Board of
Directors and Advise on Implementation of the Act
Transition
8.6
Conclusions
Appendices
Appendix A Self-Management MOU
Appendix B Internship MOU
Appendix C - Court Judgment Analysis
Appendix D PEO Communication on Objective Based Codes
Appendix E OAA/PEO Joint Communication on Design
Appendix F Ontario Regulation 579/05 REBBA
Appendix G Communication from Jeff Leal, MPP Peterborough
38
38
38
40
41
43
43
47
47
48
50
52
52
52
53
54
55
55
55
56
57
57
57
57
58
58
58
59
63
64
64
64
65
67
69
76
89
95
97
99
102
Page 3 of 103
March 17, 2009
1.0 PURPOSE STATEMENT
The purpose of the report is
of a self-management model for regulation of the building official profession. The
report is prepared according to the provisions of a Memorandum of Understanding
(MOU) executed between Her Majesty The Queen In Right of Ontario As
Represented By The Minister Of Municipal Affairs and Housing (MMAH) and the
Ontario Building Officials Association (OBOA) on July 18, 2007.
2.0 EXECUTIVE SUMMARY
advocated in favor of greater self-regulatory authority, one issue has remained
constant: there was little appetite within the provincial government to legislate full
self-regulation for the Association. Instead, the discussions have centered around
meant, the OBOA was continually referred to the example of real estate agents
who are governed pursuant to what is generally known as the delegated
administrative authority model. Therefore, when the Association developed its
proposed model for self-management, it based the proposal on the delegated
authority model since it was apparent that this was the most likely model to be
accepted and a model that would still provide a framework for an efficient and
effective process of building official practice management. It is acknowledged that
there are other models and processes that might be used in implementing a
professional practice regime. Nova Scotia, for example, requires Building Officials
to be members in good standing of the Nova Scotia Building Officials Association by
direct reference in their Building Code Act. The OBOA welcomes discussion on
alternative methods that maintain the governance principles and objectives as set
out in Section 7 of the proposal.
While there has not been a policy decision made, the aforementioned MOU
prescribed a process wherein MMAH staff and representatives of the OBOA would
jointly consult and develop the potential elements of a regulatory framework that
would establish the OBOA as a designated administrative authority. The identified
regulatory framework would then form the basis of a public consultation process
that would seek input from the general public, members of the OBOA and
Ministries, agencies and associations noted in Schedule C to the MOU. (See
Appendix A)
The elements identified as relevant to this process were not only of a technical
and/or practice-based nature, but also included topics that established the base
need for such a proposal. Further, the proposal was expected to describe the
ability of the delegated authority model to support and promote the public interest,
Page 4 of 103
March 17, 2009
as well as to recognize the complex relationships and needs of building official
employers, specialized practitioners, large municipalities, rural and northern
municipalities, chief building officials and other principal authorities.
This proposal sets out the rationale and perceived need for and benefit of a
professional regulatory regime as well it's structure, cites similar existing legislation
for reference, lays out a governance structure including implementing legislation
requirements, frames the studies stage of internship/qualification (right to practice) /
certification (broader knowledge recognition) and establishes a complaints and
discipline framework committed to an ongoing sensitivity to the needs of principal
authorities and Chief Building Officials.
The OBOA, being a voluntary certification body for Ontario's Building Officials,
(Certified Building Code Official-CBCO) is exposed to many issues of the industry in
its day-to-day operation, as are its individual members. Many issues present
themselves to the Board of Directors, either in its entirety through association
business or individually through director portfolio activity. In addition, issues will
make their way to the board through the association's provincial chapter structure.
Ontario is divided into 6 regions containing a total of 22 chapters representing over
2200 Building Officials. This network provides the Board with opinion and concerns
on everything from Marijuana Grow Op issues in the GTA to the difficulty of
providing mentorship services to Intern Building Code Officials in northern Ontario.
The need for autonomy and efficient services in Ontario's larger communities is
contrasted by the need for guidance, support, and issue advocacy for small urban,
rural and northern Ontario.
An improved standard of competency for Building Officials beyond that of
examination alone has received support from most Building Official groups. The
inclusion of mandatory education (along with prior learning and experience
assessment) as well as measured on-the -job experience, as components of a
competency-based qualification system, is seen as an important step in fostering a
more consistent and complete level of core code knowledge amongst Building
Officials. More consistent levels of competency with regard to BCA and Ontario
Building Code administration across Ontario as a whole can only result in improved
public safety and more efficient construction and development industry performance
on a province wide basis. These two anticipated results are, in OBOA's opinion,
fundamental to the public interest in Ontario. Walkerton has shown that proactive
measures with regard to professional competence and consistent conduct are in the
public interest.
The degree of geographic and resource variance of principal authorities across
Ontario presents other issues that have been brought to the attention of the OBOA.
While many larger municipalities have sufficient resources in terms of staff, monies
for training and development, internal support and expertise in relation to standards
of conduct/ethics, competency assessment and other oversight functions, many
other principal authorities face significant challenges in these areas. As an
Page 5 of 103
March 17, 2009
example, some of Ontario's larger urban centres offer in-house training featuring
expertise in a given code discipline and enough enrollment to result in a thorough
and productive educational session. Further, some of these entities have the
internal resource and expertise to "intern" new building officials in a program that
would likely meet or perhaps even exceed the experience measurement and
competency assessment results of the current OBOA Internship program. In
contrast, the smaller urban, rural and northern principal authorities often find
themselves with a single Building Official (a Chief Building Official) who has limited
access to training (due to lack of monies for development, staff resource to cover
absence, lack of training in proximity etc), limited ability to procure mentorship
services for an intern due to similar adjacent principal authority issues and
particularly in the north, travel and area of coverage limitations.
As will be further discussed in the introduction, there are certain differences
between the existing BCA regime and that which is being proposed. Qualification
through examination is augmented with a mandatory experience component and
maintenance of qualification will be by mandatory education and continuous
learning, not re-examination. A provincially consistent conduct and ethics proposal,
as well as practice qualification requirements will be supported by a complaints and
discipline process that recognizes the needs of employers and the autonomy that
must exist for Chief Building Officials in particular.
It is certain that while the improved professionalism of Building Officials is supported
by most, the extent of the needs in this end do vary across Ontario. It is the intent of
this proposal's structure to implement procedures that will accomplish the goals that
are uniformly accepted as being desirable, and to also offer a defined venue for
further discussion on those procedures that are desired at differing extents based
on the above circumstances.
If the proposal establishes to the Minister the merit of creating a professional
regulatory regime for Building Officials in keeping with the governance principals
and objectives as outlined herein, the legislation drafting period is expected to last
at least one year and development/implementation of the operational procedures to
extend a further 2 to 3 years. It is maintained that this period of time should enable
thorough consultation between all building officials and joint development of
governance and procedure that will reflect the needs of both large and small
Ontario principal authorities
As has been said in previous stakeholder discussions, this proposal is not so much
about current Building Officials, OBOA members or not, but about the future
Building Officials of Ontario.
The introduction that follows (section 3 of this report) identifies and discusses eight
industry-specific issues that establish a sound basis for the delegation of
administrative authority to the OBOA. Section 4 of this report deals with several
Page 6 of 103
March 17, 2009
additional core issues: 1. serving public safety; 2. serving the public interest; and 3.
meeting the needs of building official employers.
Sections 5,6 and 7 address the legislative basis for delegated administrative
authority and sets out the governance principals of the OBOA. Other organizations
that have been designated as delegated administrative authorities are used to
explain the transition of the OBOA into such an authority; how the OBOA would
function under the legislated designation and the natural evolution of the OBOA not
only as a regulator but also as an organization that can add value to the profession
of building official.
included in section 8. Scope, governance, qualification/certification,
complaints/dispute resolution/discipline, reporting and transition are discussed in
detail. Not only are processes, requirements and rules identified, but reference is
made to how these elements complement and support the submissions made in
support of self management (section 3) and the aforementioned core issues: public
safety, the public interest and building official employer needs.
This report concludes with a summary outlining the need for regulatory change to
the profession of building official through the self-management model; how the
public interest would be promoted and protected; how the proposed model will
respect the specific needs/concerns of parties affected by the OBOA self
management proposal; and how the proposal will promote a transparent, effective
and efficient model of governance for Ontario building officials.
After the public consultation, the proposal and resulting consultation comments will
be forwarded (accompanied by a financial analysis of the OBOA) to the Minister
MMAH for consideration.
3.0 INTRODUCTION
3.1 SELF-MANAGEMENT PROPOSAL
It has been said that the BCA is a statute looking for a profession. It is an apt
statement given the vital role of building officials in facilitating construction and
safeguarding public safety. In September 2007, construction in Ontario employed
just over 413,000 people. Building permits issued in Ontario for 2006 amounted to
more than $23 billion. Investment in industrial, commercial and institutional (ICI)
construction in Ontario increased in value from $7.6 billion in 1998 to approximately
$10.4 billion in 2006. The figure is projected to reach $11.6 billion in 2008.
Building Officials, as a profession, are
calculations. Building Officials oversee specifications related to structural
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soundness, fire safety, health, accessibility, and building protection. They review
plans for construction, addition, renovation and demolition. They ensure compliance
with building codes, regulations and by-laws, and they issue regulatory orders that
results in circumstances such as required compliance with the Building Code Act
(BCA) Building Code, uncovering of constructed works, stopping of work,
declaration of unsafe building, prohibiting use/occupancy of an unsafe building and
declaration of an emergency with regard to a building or site when requirements are
not met. They are instrumental in developing related legislation, and they frequently
prepare information for prosecution or injunction, as well as provide expert
testimony when necessary.
The Divisional Court in Association of Professional Engineers et al. v. Her Majesty
the Queen in Right of Ontario et al. held at paragra
While the decision in question was not in any material way directed towards
Building Officials, it was, by its supporting commentary, able to determine that the
BCA and the Ontario Building Code displayed evident professional regulating
tendencies. The OBOA maintains that the duties and responsibilities assigned by
the legislation and the regulations are professional in nature, and that Building
Official is currently a profession that is ready to be recognized and moved forward
to the next phase in professional evolution, self-managing status.
The Government of Ontario offered no appeal to this ruling, or any part thereof. In
that regard, the OBOA respectfully submits that the Minister need not look any
further than this proposal and the building official profession to remedy the Building
Code deficiency as identified in the Divisional Court decision. Building officials are
by their actions very much a profession. The role of building official is critical to the
orderly development of Ontario communities and to the administration of a
reasonable regulatory regime for the building industry in Ontario. The need for
expert, well-qualified building officials was recognized with the passage of the
Ontario Building Officials Association Act
confers the right to title status). The legislation also recognized the professionalism
of building officials in Ontario, as does the current Memorandum of Understanding
regarding the internship of building officials in Ontario. (See Appendix B)
The building official profession shares the same elements of a profession, as do
other professions such as engineering, architecture, law, etc. In that regard, it is a
profession that requires specialized intellectual abilities and knowledge; a
relationship based on trust and confidentiality; a code of ethics to bind all members
and to ensure good character, competence and service in the interests and
protection of the public.
Specifically, it contains the following elements of a voluntary education and
experience program administered by the OBOA, which is detailed in the Certified
Building Code Official (CBCO) designation:
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a program that recognizes relevant education from institutions in Ontario and
other jurisdictions
successful completion of up to five years post-secondary school education in
Ontario, or the equivalent
a monitored experience program
successful completion of a Provincial Qualification examination
professional certification granted by related industry professional
associations
The education component of the Certified Building Code Official program is based
on:
the recognized curriculum of a community college of applied arts and
technology, and
Courses developed and offered in conjunction with the OBOA and other
industry associations
the Building Code, in addition to other statutes such as the Planning Act, the
Fire Protection and Prevention Act, the Sustainable Water and Sewage
System Act (2002) and other such legislation
the expertise accumulated from the shared experience in other jurisdictions
the consideration of recommendations of the International Code Council a
body whose mandate is to create an international building code and
standards which are relevant and applicable to public life, health and safety
pertaining to shelter and habitation.
the application of converging streams of knowledge and provincial interest as
exhibited by building departments/municipalities being directly charged with
responsibilities in other legislative jurisdictions, such as those related to
Grow Ops and Fortification (which sees Building Officials participating, using
gned
to municipalities, building officials often find themselves involved with BCA
and Ontario Building Code violations of a type specific, in both cause and
the ability to mold decision-making processes from common sense based
principles with the results of court decisions, legislative interpretations and
precedents in law.
It is crucial to note that while there is room for interpretation and the exercise of
considered judgment in the types of decisions that building officials must make,
there is little ambiguity or lack of clarity in what the Building Code and related
legislation requires in making such a decision. The process used in making such a
decision, and the competence deemed necessary to make such decisions
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effectively results in a comprehensive and tight body of knowledge relevant to the
It is clear that under Canadian law building inspectors and municipalities owe a duty
of care to the owners and users of a building, and that this standard of care
includes omissions as well as actions. A municipality is responsible for ensuring that
a building meets Building Code requirements for the sake of quality and safety.
Therefore when a building is discovered to be non-compliant with building code
requirements and approval for the building is granted by the municipality
notwithstanding the deficiencies, municipalities have been held liable.
The damages awarded in some of these cases have been significant, while in other
cases they have been small. Nonetheless, properly trained and certified building
officials would reduce exposure to these lawsuits and save principle authorities the
legal costs incurred in defending claims resulting from the negligent acts of poorly
trained building officials.
trained (including elements of education and measured experience) individuals
occupy positions as building officials in the future, we have summarized various
court judgments that illustrate the risk to principle authorities where errors of
judgment and lack of professionalism occur. We believe these instances of
negligence support our contention that mandatory not voluntary membership in
OBOA is required for all building officials so that every member is required to meet
stringent practice standards, enhanced knowledge requirements and rigorous
regulatory control that will promote uniformity in application of the Building Code
across Ontario. Attached to this report, as Appendix C is our analysis of relevant
court judgments.
In our view, there are valid reasons for seeking enhanced statutorily recognized
approval of the OBOA as a self-managed professional organization that on that
would be given the mandate for the certification and training for all building officials.
interpretation and judgment becomes even greater. It will place more emphasis on
the professional capability of the building official. It is clear that while an objective
based code will not materially change the body of knowledge of the profession, it
will clearly increase the degree of expertise required in the application of that body
of knowledge. The need to assess submissions of Professional Architects and
Professional Engineers raises concerns with regard to matters of practice in the
case of the related professions. (see Appendix D)
There is therefore a greater need for enhanced professional standards and training
of building officials. One method that can be utilized is self-management legislation
that will change its status and establish the OBOA as the professional body for all
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building officials, with standard setting and regulatory powers commensurate with a
professional body complying with its mandate of service in the public interest.
Despite this reality, the body in Ontario predominately representing professional
building officials the Ontario Building Officials Association (OBOA) cannot truly
govern the profession and maintain accountability the same way comparable bodies
such as the Ontario Association of Architects (OAA) and the Professional Engineers
of Ontario (PEO) can.
As a self-governing, not-for-profit professional association, the OBOA is committed
to maintaining the highest degree of professionalism in the field of building official
competence, Building Code administration and building safety. Through committee
work, training and education, the Association strives for uniform enforcement and
code interpretation across Ontario. While uniformity cannot be guaranteed, any
sustained objective based on improving and promoting uniformity is beneficial to
this important industry and certainly in the public interest.
Because membership in the OBOA is voluntary, however, the reality is that
enforcement and interpretation can vary greatly from one municipality to another.
This professional disparity is ironic given the fact that building officials are given
certain legislative power and responsibility with regard to building and design plans
submitted by engineers and architects.
Such disparity underscores the need for enhanced, mandated professionalism
-management and,
consequently, the Memorandum of Understanding (MOU) it has entered into with
the Ministry of Municipal Affairs and Housing (MMAH). The purpose of the MOU is
to identify the elements of a selflation.
-managing
professional status is the belief that the scope of work of a building official has
advanced to that of a professional (as evidenced by the BCA itself in terms of
internship, qualification and conduct provisions), yet the current regime falls short of
closing the circle with regard to important related aspects such as mandatory
education, measured workplace experience, consistent application of the
BCA/Ontario Building Code and consistent enforcement of qualification
requirements and other provisions of the legislation. It must be noted that while this
report focuses on specific improvements to current BCA and Ontario Building Code
administration, the significant gains that have made, in terms of the increased
professionalism of Building Officials, through Bill 124 and other MMAH initiatives
since then, are extensive. Ontario took the initiative to introduce minimum
qualification requirements to practice as a Building Official (as well as designers) in
addition to mandating principal authority codes of conduct for Building Officials.
This important first step has recognized the professional nature of the Building
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Official (as will be further discussed in the proposal), and for that reason among
others, the OBOA on behalf of its member Building Officials respectfully
acknowledges the invaluable efforts of MMAH staff to improve the delivery of
building code services to the people of Ontario
The current requirement to practice as a building official consists of having passed
examinations, one typical to all practitioners on the legal aspects and obligations set
out in the BCA and the Ontario Building Code, and at least one other associated
with a specific technical part of the Ontario Building Code (ie. House / Large
Buildings / plumbing /hvac /on site sewage). An internship component exists that
allows a person to function as a building official in a limited capacity under
supervision until they have completed the required examinations. Once the
examinations are complete, they are considered to be qualified and leave the
internship program, with no minimum experience in the area of work required. One
ered
Building Code.
The professional regulatory regime proposed in this document would build on the
basic platforms that MMAH implemented under Bill 124, those being examination
and internship. OBOA would add the platforms of mandatory education, measured
experience requirements in the work environment and qualification maintenance to
provide a whole approach to the matter of professional regulation. Included in this
approach would be the resolve to enforce legislation as it stands now and would in
the future, with particular regard to practice without qualification as an example.
Similar to the current requirement, a new building official would have to complete a
legal exam prior to registering in the internship program. While the building official
completes required exams, the experience gained in the workplace under a mentor
will be recorded in terms of time. When the official completes the required
examinations, they will enter a phase of work no longer restricted by the limited
duties of an intern, but they shall work under the continued guidance of a mentor in
the aim of gaining three years experience as a building official. Time spent in the
initial phase of internship (prior to exam completion) will be included in this three
year total. On completing the three-year experience requirement, the candidate will
undertaken the required examination. This process will also recognize the specialty
areas such as plumbing, on-site sewage, HVAC, and fire protection. A candidate
may complete the legal exam, enroll in the internship program, complete the
Plumbing House and Plumbing All Buildings exams (as an example within six
months) and would then work with no restriction on duties under a mentor for
another two years and six months. At this point, the candidate has completed the
required exams, has amassed the required experience and is now in possession of
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The three years experience required is general in nature and directed toward
developing the broad skills of a Building Official such as plans review, inspection,
note taking, legal processes including the collecting/giving of evidence and report
preparation. Once the 3 years of experience has been gained, it will not have to be
repeated, even in part. Using the plumbing example above, if the qualified person
completes Building Services examination for example, they would then also
The enforcement of legislative provisions within the current regime is of significant
concern to Building Officials. The requirements for principal authorities to have and
internal review processes and enforcement policies while others have some, little or
none of these. While it is recognized that more advanced and resourced
jurisdictions may have no issue in this regard, it is true nonetheless that others
struggle in providing a complete approach to the matter, which leads to inconsistent
overall application of the provisions of the legislation in Ontario. Further, the
legislative requirement to practice as a Building Official only in those areas where
one is qualified sees virtually no enforcement province wide. When persons and
organizations are challenged by various circumstances while trying to comply with
safety-oriented legislation, in an environment where there is little enforcement of the
applicable legislation, a negative result is not something that is difficult or
unreasonable to predict.
In line with this thought, a proposal to improve public safety and to further the public
interest should not have to arise from a Coroner or Provincial Inquest or from a
history of failings. If Ontario will take one lesson from the Walkerton event, it is that
there is a need to ensure strong and certain competence assessment and
enforcement procedures exist in the application of public safety legislation. When
circumstances of diminished competence, inconsistent professional and ethical
conduct and lacking enforcement of legislation align themselves; a failure or even a
circumstances exist within the province that need to be considered as requiring
proactive attention in keeping with the lessons of Walkerton.
The complaints and discipline provisions outlined in the proposal seek to bring
about uniformity in conduct and ethics by assisting those in need in improvement
and affecting those with well-established procedures as little as possible. While
professional complaints and discipline systems exist in harmony within other areas
of principal authority business, it is understood that this application will need to be
well thought-out and thoroughly discussed with all principal authority and Building
Official stakeholders prior to the drafting of any potential legislation. In terms of
practice without qualification, the intent of the complaints and discipline process is
to bring Building Officials into compliance and to offer assistance in overcoming any
and disciplinary process is the best method to address the above intent.
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As a self-managed body, operating in a manner similar to that of the Real Estate
Council of Ontario (RECO), the OBOA would function under delegated authority. It
would regulate itself in the areas designated by the Ministry, with the Ministry
retaining ultimate legislative control. Membership in the OBOA would be mandatory,
enabling it to effectively regulate the industry and function as a true professional
association.
3.2 THE CASE FOR SELF-MANAGEMENT
The OBOA has been advocating self-management for a number of years, the
reasons for which become increasingly compelling.
3.2.1 Standardization
As noted earlier, the OBOA is a professional organization. It is recognized by both
federal (written recognition of the importance of the professional contributions of
Building Officials made in Canada, in particular the OBOA) and provincial
governments. However, membership is voluntary. Thus, aside from the minimum
qualification requirements introduces under Bill 124 (as a positive first step), there is
no single set of rules no mandated code of ethics or conduct governing all
professional building officials in Ontario. The proposed self-management legislation
will ensure a uniform set of standards and qualifications that, under mandatory
membership, can be consistently applied across the province.
3.2.2 Education
A key reason the OBOA exists is to ensure members of its industry are properly
educated and trained. However, just as OBOA membership is voluntary, so is its
training and certification. Moreover, the academic curricula on which Building
specific to building codes to all building officials. Self-management will provide the
structure to accommodate consistent, mandatory training for all Ontario building
officials.
3.2.3 Experience
OBOA has long held, as evidenced in its CBCO certification requirements, that
experience is a vital component in the development of a competent and
knowledgeable professional building official. There is currently no mandatory
requirement for or recognition of experience in OBC qualification requirements.
OBOA proposes to develop a certification process that will mandate and effectively
measure that experience that is fundamental in the competence base of building
officials.
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3.2.4 Objective-based codes
The 2006 introduction of objective-based building codes, designed to help users
better understand the reasons behind the requirements, are intended to promote
innovation and flexibility in construction. These codes will also, however, require
more complex decision-making on the part of building officials. While the OBOA
currently provides specialized training, once again, the training is not mandatory for
all building officials. As previously stated, this matter raises practice matters
between building officials and associated professions.
3.2.5 Construction Professional Attrition
The Ontario Chamber of Commerce's 2003 Skilled Trades Survey reported that
within the next 15 years, 52 percent of skilled tradespeople are expected to retire.
Forty-one percent of Ontario's skilled trades said that within five years they
anticipate skills shortages in their respective industries. Construction is one such
industry, with a looming mass attrition that will result in a considerable loss of
intellectual capital and collective industry experience. The potential impact, on the
quality of work, of this loss is going to make it doubly important that related
professionals such as building officials are sufficiently regulated and qualified.
3.2.6 Industry Efficiency
More consistent conduct of building officials, more consistent core knowledge and
experience required of building officials, the availability of an informal dispute
resolution process and the ability of Practice Guidelines and Practice Standards to
offer useful instruction in matters of interest or practice to building officials are seen
as tools that can be used to improve the overall efficiency of the building regulatory
process in Ontario.
3.2.7 Industry Partnerships
There are many inter-industry partnerships that OBOA could add value to, such as
that of the Professional Engineers of Ontario and the Ontario Association of
Architects. As will be discussed in this report, lines of influence and the need to
work co-operatively and formally together to address industry issues would seem to
indicate that a relationship outside of the Building Code should be considered. To
be a contributing partner in that relationship, OBOA would work best as a self
managed professional body.
3.2.8 Enhanced Safety and Reduced Liability
Building officials sometimes review building and design plans that reflect limited
knowledge of the Building Code. They conduct inspections where faulty building
construction or design may pose a serious health or safety risk to residents or
tenants.
Safety and, consequently, liability, are considerable concerns. Principal authorities
are largely responsible for the decisions made by building officials. Because of the
complex nature of knowledge required and special knowledge needed to enforce
building codes, municipal / local governments and other principal authorities face
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the mounting risk of litigation, made evident by the increasing trend in successful
lawsuits holding municipalities accountable for substandard construction.
The ability to consistently enforce and monitor the standards of conduct of members
will enable the OBOA to better protect public safety and, in turn, reduce the liability
of municipalities currently responsible for the actions of officials not governed by
any one set of rules.
The professionalism of building officials has a direct impact on the well being of
Ontarians, socially and economically. In support of that professionalism and well
being, and in accordance with the MOU with the Ministry, the report that follows
outlines the OBOA model of self-management.
The OBOA and MMAH have a unique and longstanding relationship built on
education, training and co-operation. It is hoped that in fully defining the principles
of self-management its scope, governance, certification, reporting, and final
transition this cooperation will evolve to a joint understanding that prompts the
introduction of legislation supporting the model.
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4.0 MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING AND
STAKEHOLDERS
The September 2006 proposal by the OBOA to the Ministry of Municipal Affairs and
t both parties entered into
a Memorandum of Understanding (MOU). The MOU would see both parties jointly
develop and consult on the elements of a legislative/regulatory framework that
would establish the OBOA as a designated administrative authority through
legislation, and which would govern the scope and conduct of such an authority and
4.1 CORE ISSUES TO BE ADDRESSED
The OBOA understands the need for the OBOA to communicate to the MMAH and
stakeholders a clear and cogent rationale for proceeding with self-management. We
offer three predominant themes for consideration:
1. How is public safety enhanced by the proposal?
2. How is the public interest enhanced by the proposal? and
3. How will the OBOA ensure the continuity of the principal authority
employer/employee relationship as it pertains to building officials?
While we have touched upon these issues previously, it is important that they be
given consideration.
4.1.1 Public Safety
The most serious risk a member of the public faces related to the work of building
officials is exposure to an unqualified or incompetent building official. Bill 124
introduced minimum qualification requirements (based on examination alone)
required to practice as a Building Official. This proposal intends to further that
positive recognition of the important role that Building Officials perform in the
industry. While it is the responsibility of a principal authority employer to hire only
qualified building officials to enforce the BCA and the Building Code, it is also
crucial to public safety that a building official be able to prove that he or she is
qualified to undertake work assigned to them.
While we are not likely seeing an epidemic in Ontario, there are numerous
anecdotal instances of persons appointed and performing duties as building officials
who do not possess the required qualifications. Currently the OBOA is not able to
address this matter, and the MMAH has in good faith elected to trust principal
authorities to take action in such circumstances. With respect, we are of the view
that leaving the authority to enforce building official practices under the Building
Code Act in the hands of more than 400 independent municipalities and various
other principal authorities is not, in the opinion of the OBOA and others, supporting
the intent of the legislation or promoting public safety. Further, it may place an
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March 17, 2009
undue burden of verification of credentials on principal authorities. Therefore, a
proposal intended to ensure the application of a consistent standard of conduct with
regard to building official qualification and competence is, in our respectful opinion,
an appropriate foundation for the preservation and enhancement of public safety.
4.1.2 Public Interest
The consistency with which building code administration services are delivered in
Ontario directly affects the general quality of consumer purchased development and
the efficiency in which the design and construction segments of industry are able to
operate. The extent of principal authority resources, the BCA knowledge of
employers and the presence/quality of building official knowledge will vary from
principal authority to principal authority. While the Building Code Act has worked to
address plans review, permit issuance and inspection service levels in terms of time
frames, levels of service with regard to building official knowledge, competence and
ethical conduct have not necessarily been addressed and are bound to be
inconsistent from one jurisdiction to another. While we can only point to anecdotal
accounts of such practices, it is nevertheless the case that they exist and are of
grave concern to the OBOA. By establishing a Code of Conduct that focuses
predominantly on matters of practice; by providing for a fair, efficient, rigorous and
effective process to consider, hear and deal with complaints of conduct and
consistency of decisions; and by establishing and enforcing mandatory standards of
practice that would be applied uniformly across Ontario, the OBOA submits that its
self-management proposal will improve the consistency of the services delivered to
the public, as well as to the construction and development industry. Within that
context, we are convinced that our proposal will greatly serve and enhance the
public interest.
4.1.3 Municipal/Principal Authority Employee Relations
We acknowledge that there is much concern on the part of principal authority
employers about their ability to maintain their authority over employees who are
appointed as building officials, should Building Official self-management occur. The
OBOA has given this issue a great deal of consideration. A review of municipal and
provincial authority workforces demonstrates the presence of members of
numerous self-regulating professions within principal authority scopes of authority,
such as lawyers, accountants, etc. To date, there has been little or no interference
with how principal authorities direct these professionals as employees. The OBOA
does acknowledge, however, that the direction given to building officials as
employees will affect a larger proportion of employees within a single department,
and such direction is not typical of the relationship between municipalities and other
professionals.
made to the obligation of employees to conduct themselves in accordance with the
requirements of the professional organizations to which they belong. When a
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principal authority recruits individuals with professional credentials, or when a
professional designation is required as a condition of employment in a particular
work category, the principal authority is relying not only on the employees to comply
with the standards of the profession, but it is also relying on the professional
organization to ensure that the persons bearing their professional designation are
competent to perform the work they are hired to perform. In the event that a person
forfeits his or her designation as a result of a finding of professional misconduct, the
principal authority must decide if that employee can be assigned other work not
requiring the professional designation. In the alternative, the principal authority can
decide that the misconduct was so grave as to require termination of employment.
Although the basic principal authority/professional association relationship is
reflected in the OBOA self-management proposal, the legislated requirement for
principal authorities to have Chief Building Officials and Inspectors and the specific
responsibilities assigned to each warrants additional consideration of provincial
authority interests. Resources and geographic locations provide certain challenges
to principal authorities in meeting these requirements, and therefore, situations in
different principal authorities must be taken into account when a professional
practice framework is developed for building officials. The OBOA will present a
unique dispute resolution and complaints and discipline process that ensures that
employers have input into proceedings under that process.
4.2
ACCOMPLISHMENT OF SELF MANAGEMENT PROPOSAL GOALS
OBOA has included key issues raised by various stakeholders in its internal
framework for regulating the building official profession. One of the keys to ensuring
public safety an important objective raised by stakeholders is to ensure that the
scope of the legislation providing for self-management reasonably captures those
persons that act as building officials (practitioner scope) and the activities that they
perform that will be subject to regulation (practice scope).
The underlying principle driving the scope of the proposed self-management model
of regulation is that any person appointed under the authority of the BCA to
administer and enforce any part of the BCA or the Building Code will be deemed to
be a building official and subject to the requirements and obligations of the
legislation. Engineers, architects, plumbing inspectors, septic system inspectors,
fire prevention officers and persons acting as Registered Code Agencies (RCA) and
who are appointed in the manner described above will be subject to the regulatory
proposal under consideration. Property Standards officers, while appointed under
the BCA, are not appointed as inspectors and are therefore not included in the
scope of the proposal. Ensuring that all persons who act as building officials are
members of the OBOA, meet the qualification requirements of the OBOA, and are
subject to practice review, professional development and the disciplinary
requirements of the OBOA, will establish a minimum level of competence across
Ontario that will enhance public safety. It is important to note that the reference to
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collective company/agency.
The public interest will be served by the OBOA self-management proposal in
several other ways. Consistent levels of core knowledge and experience improve
the consistency of Building Code administration services in Ontario. A
complaints/dispute resolution/discipline process that seeks to resolve issues
utilizing the concepts of personal betterment, lifelong learning, peer review,
negotiation and mutual agreement will orient the profession to stronger relations
with affiliated professional bodies (PEO, OAA, Ontario Association of Engineering
Technicians and Technologists (OACETT)). This proposal will also improve access
to professional standard development for the industry and the public. This will result
in improved communication between professions and a more transparent view of
building official practice.
T
and Experience)
establishment of the self-management model. The existing MMAH examination
structure has initiated mandatory qualification to practice. This milestone was
further entrenched in the OBOA internship program, developed to allow new
building officials to begin practice and serving their principal authority prior to
obtaining full qualification. In consideration of the work involved in establishing the
above processes, OBOA proposes to incorporate them entirely within the initial
elements of the practice structure. The current examinations will continue to
constitute a part of the practice requirements, while internship will allow candidates
time to gain these qualifications while providing a measure of experience. In
required (under mentorship as currently required in the internship program) to
obtain the full right to practice. Time spent in internship will be credited towards this
requirement.
The CBCO designation has been separated from the right to practice certification
process in the proposal. The CBCO designation will be developed in a manner
consistent with its current mandate, which is to recognize a more comprehensive
level of overall Building Code knowledge and an elevated level of experience.
Mandatory continuing education is another important component of professional
standing. The OBOA intends to introduce a maintenance program for right to
practice and CBCO certification. The maintenance program will be modeled on the
current CBCO maintenance structure; a point based system that recognizes time
spent in technical sessions, related professional training and provincial
examinations. A minimum number of recognized Building Code courses will be
added to the maintenance program to ensure current Building Code knowledge
development is taking place. In addition to MMAH courses, assessments would be
made of training provided by stakeholders such as Ontario Municipal Fire
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Prevention Officers Association, Ontario Plumbing Inspectors Association, Heating
Refrigeration and Air Conditioning Institute and others in the aim of recognizing the
diverse body of knowledge of building officials.
The OBOA submits that the development of a process that establishes direct
working structures and processes with other Building Code professions; that
establishes consistency in building official qualification and competency; and that
incorporates mandatory examination, education and experience components in the
establishment of professional qualification of building officials is, we believe, in
furtherance of the public interest.
The OBOA also submits that in keeping with general principal authority reliance on
professional associations who regulate persons in municipal employment, and
acknowledging the need of principal authorities to govern their employees in a
principal authority participation in the complaints, dispute resolution and discipline
processes, where warranted, will further public safety and enhance the public
interest.
participate in such proceedings will permit their issues to be considered, both in
leading evidence and in the right to cross-examine witnesses. This right will be
extended to all principal authorities.
hearing, which has been conducted on the basis of the rules of natural justice,
determines this action to be in the public interest However, the OBOA also
proposes extensive alternative dispute resolution methods, where appropriate, and
which will dispose of complaints in an efficient, fair and cost effective manner
consistent with the public interest.
A potential overlap in principal authority codes of conduct and a provincial-wide
OBOA code of conduct can be perceived as being in favor of public interest. In
may be given to other sources of conduct policy and remedial actions. Where
conduct of a building official may violate a local and provincial code, consideration
may be given to the jurisdiction (local or provincial) whose policies best address the
matter and when action is taken, if that action is in keeping with the principals of
justice and in support of the public interest. A more seamless application of
principals of conduct may result from such a circumstance. As evidence of this
possibility, it is found that many principal authority codes of conduct require
employees to abide by the rules of conduct established by the certification bodies to
which the employee belongs as a condition of their employment.
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4.3
NEXT STEPS
The OBOA has commenced a review of its educational and examinations course
ownership. Indeed, partial or full ownership of all education and examination
material is a long-term goal of the self-management proposal. The continued cooperation between OBOA and MMAH could be of great and lasting benefit in this
matter.
In the meantime, continuing with the current examination material and delivery
programs minimizes the cost and any destabilizing effect of implementing the
proposal during the period of transition from the current right to title legislation to the
requested right to practice legislation. A three-year transition proposal, in
consideration of the proposed experience requirement of 3 years, means that any
building official practicing up to the date of implementation of delegated authority
legislation will have 3 years to assemble the required experience (3 years) in order
to obtain right to practice certification.
The OBOA self-management proposal, like other professional regulatory regimes,
will evolve over time. For example, concepts raised in the Large Municipalities Chief
1995 are still valid and appropriate today and ought to be considered. More will be
said about this. Furthermore, while the OBOA self-management proposal currently
incorporates the advocacy function within the Association, a future division of the
regulatory and advocacy functions could, and will, no doubt, be considered. It is
anticipated that multi stakeholder input will direct the OBOA on this issue in the
future.
5.0 OVERVIEW OF DELEGATED AUTHORITY AND SELF-MANAGEMENT
5.1 SELF-MANAGEMENT: THE REAL ESTATE EXAMPLE
Since the delegated administrative authority model established pursuant to the Real
Estate and Business Brokers Ac 2002 (REBBA) was referred to the OBOA as a
possible self-management model, it is essential to understand how it operates in
practice.
The Real Estate Council of Ontario (RECO), the delegated administrative authority
under the REBBA operates under a self-management model similar to that
proposed by the OBOA.
Under this model, RECO has a dual mandate:
1. to administer the regulatory requirements of the real estate industry as set
down by the Government of Ontario
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2. to protect consumers and members through a fair, safe and informed
marketplace
On behalf of the Ministry of Government Services, RECO administers REBBA.
Under the Act, all licensed real estate agents in Ontario must be members of
RECO, and all members of RECO must abide by its regulations. These include bylaws RECO has adopted that provide for effective governance of the profession.
RECO is governed by a 12-member Board of Directors: Nine are elected
representatives and three are Ministerial appointees.
RECO operates on a not-for-profit basis.
5.2 THE REAL ESTATE AND BUSINESS BROKERS ACT, 2002
The Real Estate and Business Brokers Act, 2002, embodies provisions typically
included in professional regulatory legislation. These provisions relate to:
selecting officers of RECO
prohibiting practice unless registered as a member of RECO
mandatory member registration
complaints, inspection and discipline processes
conduct and offences
regulations governing the industry and protecting the public
With regard to regulations, the Minister of Government Services may set down the
legislation for:
establishing a code of ethics
governing the jurisdiction and procedures of committees
educational requirements
However the Minister may also, subject to his or her approval, delegate this
regulatory power to RECO.
5.3 ADMINISTRATIVE AUTHORITY:
THE SAFETY AND CONSUMER STATUTES ADMINISTRATION ACT (SCSAA)
In the Schedule of the Safety and Consumer Statutes Administration Act, 1996
(SCSAA), certain Acts are named that may be administered by conferring
regulatory powers to a designated administrative authority.
An administrative authority is a not-for-profit organization that:
has no share capital
is incorporated under the laws of Ontario or Canada
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operates in Ontario but does not form part of the Government of Ontario, any
other government, or a government agency
To date, the Acts designated by the SCSAA to operate administrative authorities
include the Cemeteries Act; Electricity Act; Film Classification Act, 2005; Funeral,
Burial and Cremation Services Act, 2002; Real Estate and Business Brokers Act,
2002; Technical Standards and Safety Act, 2000; and the Travel Industry Act, 2002.
5.4 HOW THE SCSAA DELEGATES AUTHORITY
The following provisions taken from the SCSAA relate to the delegation of authority.
Section 3(3) is especially noteworthy.
Section 3(1): The Lieutenant Governor in Council may, by regulation, designate an
Act named in the Schedule, a regulation made under that Act or provisions of that Act
or that regulation as designated legislation for the purpose of this Act. 1996, c. 19,
s. 3 (1).
Section 3(2): Subject to section 4, the Lieutenant Governor in Council may, by
regulation, designate one or more administrative authorities for the purpose of
administering designated legislation. 1996, c. 19, s. 3 (2).
Section 3(3) Subject to subsection (4), if the Lieutenant Governor in Council
designates an administrative authority for the purpose of administering designated
legislation, all provisions in the legislation relating to its administration are delegated
to the administrative authority unless specifically exempted in the designation of the
administrative authority or the legislation. 1996, c. 19, s. 3 (3).
Section 3(4), which follows, provides that where legislation specifically assigns
regulatory powers to a Minister or Cabinet, those powers cannot be delegated to
the administrative authority:
Section 3(4) The powers to make regulations that designated legislation confers on the
Lieutenant Governor in Council or the Minister responsible for the administration of
the designated legislation are not delegated to the designated administrative authority.
1996, c. 19, s. 3 (4).
5.5 THE ADMINISTRATIVE AGREEMENT
Subsection 4(1) of the SCSAA states that Cabinet may not designate an
administrative authority until the Minister and the authority have entered into an
administrative agreement.
The administrative agreement includes:
the portion(s) of legislation to be delegated to the authority
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composition of the board of directors
financial terms for the delegation, including license fees
provisions ensuring the administrative authority has adequate resources to carry
out its assigned administration in compliance with the Act
the right, if any, of the administrative authority to purchase, use or otherwise
have access to government assets, including information, records or intellectual
property
a requirement that the authority support and maintain a fair, safe and informed
marketplace
specifics on the liability arising from the administration delegated to the authority
a requirement that the administrative authority maintain adequate insurance
against this liability
In the context of the existing MOU with the Ministry, other provisions relevant to the
administrative agreement include:
the role of the parties to the agreement
submission of a business plan and annual report to the Minister
submission to the Minister of copies of the administrative authori
-laws,
respecting qualifications, terms and conditions of registration or membership,
and the conduct of individuals to be registered under the legislation
composition of the board: Selection criteria and processes, and the term of office
for board members other than Ministerial appointees, are to be established at the
discretion of the board, either through a by-law (with membership approval) or by
resolution of the board alone
the administrative authority must provide the by-law or resolution the Minister for
review and approval prior to submitting them to the board or membership, as the
case may be
occurs or is required
indemnities and releases that must be given by the administrative authority
provisions requiring the authority to maintain appropriate insurance against
dispute-resolution procedures to resolve disputes arising in connection with the
administrative agreement
the designation of contact personnel by each of the parties to the agreement
other provisions as required
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The Minister may, upon giving notice to the administrative authority, amend or insert
a term in the administrative agreement or delete a term from the agreement if he or
she considers doing so reasonable and in the public interest.
Other relevant provisions of the SCSAA that are applicable to the OBOA as an
administrative authority relate to:
Duties:
Section 7: A designated authority shall carry out the administration of designated
legislation or a portion of the administration of delegated legislation as it is delegated
to it and it must do so in accordance with the law, the SCSAA, the designated
legislation and the administrative agreement, having regard to the intent and purpose
of the SCSAA and the designated legislation.
Members:
Section 8(6): If the administration of designated legislation is delegated to a designated
to a designated administrative authority, the administrative authority may, by by-law,
require that all persons who, in order to carry out an activity governed by the
legislation, are required to register or obtain a license, permit, certificate, etc. and
become members of the administrative authority on the terms that it specifies.
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6.0 THE OBOA AS A DELEGATED ADMINISTRATIVE AUTHORITY
The provisions of the SCSAA would apply to the Ontario Building Officials
Association as outlined below.
The OBOA mandate
Under the SCS
administer the regulatory requirements of the Building Code and other
applicable legislation enacted by the Government of Ontario as they pertain to
Building Officials within the scope of the proposal
protect the public and OBOA members through rigorous entry standards,
conduct
Self-Management Legislation
Similar to that adopted by RECO, self-management legislation for the OBOA
includes provisions that typically govern professional bodies. The legislation
provides for:
a board of directors
prohibition against practice unless registered as a member of the OBOA
mandated member registration
procedures for complaints, discipline and enforcement
monitoring of conduct and handling of offences
regulations governing building officials and protecting the public
The Minister of Municipal Affairs and Housing may set regulations for:
establishing a code of ethics
governing the jurisdiction and procedures of committees
educational requirements
The Minister may also, through an administrative agreement subject to his or her
approval, delegate the above regulatory powers to the OBOA.
Administering Legislation: Mandatory Membership
Through its Board of Directors, the OBOA will administer legislation on behalf of the
MMAH. The Association will adopt by-laws that respond to the needs of
municipalities and other stakeholders, and that provide for effective governance of
the profession. Membership in the OBOA by all building officials will be mandatory,
and all must abide by membership terms and conditions.
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7.0 OBOA GOVERNANCE PRINCIPLES
profession in the public interest, it will be guided by certain principles. The
governance principles proposed for the OBOA as a self-managed body underscore
its primary objective of serving the public and promoting public safety. It is the
not only building officials but also interns
desire to better regulate the profession
and students
management and delegated administrative authority. The OBOA emphasizes that,
as an administrative authority, it will ensure that the process of certifying individuals
and regulating conduct remains focused on public and stakeholder protection under
relevant provincial and municipal legislation. Certification and regulation must never
be undertaken in the private interests of any person or organization. The principles
continued commitment to professionalism and public safety.
7.1 GOVERNANCE OBJECTIVES OF A DELEGATED ADMINISTRATIVE
AUTHORITY
The governance of all delegated administrative authorities should contribute to and
ensure:
the protection of all those using the services provided by the delegated authority,
and the integrity of the processes provided for under municipal and provincial
legislation
t
in Canada, it is fundamentally consistent in principle with all other prevailing and
emerging Canadian and international standards and practices
confidence in the qualifications and currency of knowledge and experience of all
building officials
that the delegated authority fulfill its statutory mandate of regulating building
officials in the public interest
that the delegated authority act in a manner that will bear the closest possible
scrutiny, an obligation that extends beyond simply acting within the law
due process in the administration of regulatory requirements governing
certification and regulation of building officials, while recognizing the substantive
and particular concerns of municipalities/principal authorities employing building
officials.
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The OBOA submits that as an administrative authority it must have:
public representation on its governing board or council and on its statutory and
other regulatory committees
transparent regulatory processes
purpose and programs
a published mission statement setting out the purpose and strategic direction of
the authority
an annual report explain
current year and coming year
7.2 GOVERNANCE RELATED TO MEMBER CERTIFICATION, CONDUCT AND
COMPLAINTS
To maintain good governance around the licensing and conduct of building officials,
the OBOA as a designated administrative authority must:
require that members have attained post-secondary education or an equivalent
prior to or at the point of certification as a building official
maintain an education program relevant to and necessary for attaining
knowledge and competency in the work of a building official
maintain an examination(s) that tests theoretical knowledge of prescribed subject
matter as well as the ability to apply that knowledge in practice
require practical experience
have rules and practices ensuring members of the delegated authority maintain
an appropriate level of competence
maintain a complaints process that:
will assess complaints from the public and other stakeholders relating
to the activities of all OBOA members
is fair and reasonable and includes adequate provision for appeals
have a code of ethics, rules and practices that relate to the investigation and
discipline of members, and that include adequate provision for appeals
require that its members adhere to accepted standards and principles relevant to
the work of building officials
have requirements in place for continuous professional development
maintain a registry of all members who hold a professional building official
designation in Ontario
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have processes for monitoring the standard and rigor of OBOA approved
examinations and the adequacy of the practical training and experience obtained
by members
have processes that will ensure compliance with these above-noted
requirements, and will provide for effective monitoring of that compliance
The OBOA also submits that as a delegated authority it must have in place a
committee whose mandate is to:
consider applications for building-official certification and recommend to the
governing board or council those members who have met the standards and
criteria for certification
make recommendations to the governing board or council regarding policies and
programs implemented to ensure members meet OBOA standards
maintain a certification application process that includes:
a written application
a competency-assessment record
a process to verify information in the application
ensure a process for renewal of certification upon application by current
members
maintain criteria for reviewing certification applications from individuals from
other jurisdictions
maintain an appropriate certification-appeals process
Further details on these governance principles can be found in the remaining
sections and appendices of the report.
7.3 FINAL CONSIDERATIONS
Reference has been made to submissions made by the Large Municipalities Chief
Building Officials Group to the Government of Ontario in 1995. LMCBO is a Group
that was formed in 1990 and which is comprised of the Chief Building Officials from
large municipalities in Ontario with a population of 50,000 or greater.
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In 1995, in submission to the provincial government, the LMCBO made the
following observations:
At the present time there are no provincial standards as to who can enforce
the Ontario Building Code. The qualifications required for building officials
are left to each municipality and as such vary greatly across the Province.
This lack of uniform qualifications leads to uneven enforcement of the
Building Code. In addition, contractors are not required to demonstrate any
competency with the Building Code in order to undertake construction. It is
common in other jurisdictions either province-wide or statewide to certify
Building Officials and certify or license contractors.
LMCBO therefore recommends that:
1. The Province require that any person enforcing building regulations be
certified in order to provide consistent enforcement of such standard;
2. The certification of persons enforcing building regulations be done by way
of self-regulation, similar to current practice for architects and engineers;
3. Contractors providing construction services to the public or ownerbuilders be licensed by the Province in order to ensure competency,
adequate insurance coverage and warranties or securities are in place to
protect the public.
We commend the foresight that the LMCBO demonstrated in calling for proper
certification of building officials; consistent enforcement of the Building Code; and
for self-regulation of building officials as a means of better protecting the public and
enhancing public safety. In this report, the objective of the OBOA is to outline a
regulatory proposal based on the delegated administrative authority model that will
achieve the regulatory regime that the LMCBO stated was in the public interest.
Twelve years later, the above noted Divisional Court has also recognized that there
is a deficiency in the application of the Building Code: the lack of a proper
regulatory administrator, to the extent that the court saw the BCA as an act in
search of a profession, a regulatory administrator would certainly be a part of a
solution to the identified issue. Once again, the OBOA submits that the Minister
-management model as the
means to rectify the deficiency identified by the LMCBO and validated by the
Divisional Court.
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8.0 KEY ELEMENTS OF THE PROPOSED SELF-MANAGEMENT FRAMEWORK
AS SET OUT IN THE MOU
8.1 SCOPE
8.1.1 Persons and Activities to be Regulated by Legislation
Persons and activities to be regulated pursuant to the proposed legislation are
those individuals appointed pursuant to the Building Code Act to perform the work
of professional building officials, including:
Section 3(2): Chief Building Officials and such inspectors that are necessary for
the for the enforcement of the BCA in the areas in which the municipality has
jurisdiction
Section 1.1(7): Inspectors who exercise powers and perform duties under the
BCA and the Building Code in connection with reviewing plans, inspecting
construction and issuing orders in accordance with the BCA and the Code
Section 3.1(1): board of health, planning board and conservation authority
sewage inspectors who are appointed for the enforcement of the BCA in areas
in which the board of health, planning board or conservation authority has
jurisdiction under the BCA
Section 4.1(1): a person performing the work and requiring the qualifications of a
Registered Code Agency pursuant to the BCA and the Building Code.
Members of the OBOA not appointed pursuant to the BCA, such as student
members, associate members and retired members shall not be subject to this
section nor the certification requirements as established by the designated
administrative authority.
8.1.2 Work Functions to be Regulated
The OBOA submits that the following provisions be used as the basis for the scope
of practice for a Building Official:
(1) A person performs the work of a Building Official when the person is appointed
pursuant to the BCA and performs some or all of the following duties in respect of
the enforcement and administration of the Building Code Act, the Building Code and
other legislation:
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(a) administers provincial laws and municipal by-laws related to the design and
construction of all types of buildings and structures and ensure that the
objectives of structural safety, fire safety, health, accessibility and the
protection of buildings are addressed prior to occupancy;
(b) assesses, consults and reports on the design, construction and occupancy
of all types of buildings and structures in accordance with applicable
legislation and includes, but is not limited to, the review and inspection of
plans, specifications and construction, renovations, alterations and additions,
changes in use, interior improvements, and demolition;
(c) conducts Building Code and BCA sec 7 authorized by-law compliance
reviews to confirm compliance and initiate corrective action related to unsafe
conditions in new and existing construction;
(d) administers, when appointed pursuant to the BCA, reference documents that
may include the applicable fire code and other minimum property and
maintenance standards or by-laws related to buildings, heating, ventilation
and air conditioning, plumbing, electrical and gas systems.
(2) For the purposes of this proposal, the practice of a professional building
official includes the duties and obligations of a Chief Building Official and
Inspector as provided for in the BCA, and individuals performing the duties of
Registered Code Agencies as provided for in Section 3.4.3.2 (1) (c) Div C of
the Building Code.
8.1.3 Duties, Conduct, Standards and Services to be Regulated
In terms of regulating functions, the BCA and the Building Code assign specific
responsibilities to MMAH (i.e. the Director, the BCC, the BMEC etc), municipalities
and other principal authorities (i.e. appoint a CBO, appoint such inspectors as
required, enact a
permits, disposition of regulatory orders, decisions on objective based codes
applications etc). As opposed to duplicating existing authorities in these areas,
OBOA intends only to augment the established protocols for building officials, and
to regulate in those areas that current authorities do not regulate or where there
exists inconsistent province-wide application of regulatory functions. For example,
there are no current requirements for measured and verified experience as a
component of practice qualification. Nor are there any references to mandatory
education outside of current Building Code examination requirements. Required
codes of conduct are inconsistent and in some cases non-existent across Ontario
and, as with practice without qualification matters, little to no enforcement of these
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legislative requirements exists today. In this void, OBOA proposes to regulate an
expanded internship-type program to introduce mandatory experience and
education as an element of practice certification in addition to ensuring those who
practice are qualified.
As with other professionals employed by municipalities, building officials are subject
to codes of conduct established by their employers. While the BCA specifically
states that principal authorities (including municipalities) establish specific codes of
conduct for building officials, OBOA seeks to augment those established codes of
conduct with a province-wide minimum code of conduct that will not only improve
consistency in the application of standards across Ontario, but which at the same
time will recognize the specific interest that municipalities and other principal
authorities have in such codes and how they are applied to their employees. While
the OBOA proposes to establish and maintain a Code of Conduct for building
officials in Ontario, it also recognizes the need for direct input of municipalities and
other principal authorities into matters associated with building official conduct, as
outlined in our complaints, dispute resolution and discipline process.
In terms of consistency of BCA and Building Code application in Ontario, the OBOA
proposes to promote services such as practice guidelines, practice bulletins,
opinions and specialized education to provide building officials access to current
information on trends in construction, technical developments, legal precedents and
other such material. We are convinced that this will enhance a better understanding
of current industry issues and better inform peer decisions in those matters. These
processes will not constitute mandatory requirements.
The issue of Practice Standards, a term associated with mandatory actions required
of professionals, the OBOA allows for their inclusion in this proposal. We know that
authorities requiring certain conduct by building officials already exist. It is also clear
from the proposal that the OBOA intends to focus on the regulation of building
official qualification (i.e. experience and education in addition to examination) and
conduct (a province-wide standard recognizing the specific interests of
municipalities and other provincial authorities). As a result of these two realities, the
extent of the Practice Standards concept at this time is limited. It is
intention to identify subjects in this category on a provincial basis in consultation
with all building officials and the affected industry partners. The relationship
between architects, engineers and building officials is a potential subject for a
discussion about standards. The current Building Code structure, the recent
decision in the Divisional Court in Association of Professional Engineers et al. v.
Her Majesty the Queen in Right of Ontario et al and the positions taken by all three
groups of professionals appears to indicate that a relationship between these
bodies either exists or should be further developed on a more formal basis in order
to address pending industry issues (see Appendix D (PEO communication on
Objective Based Codes) and AppendixE (PEO/OAA joint communication on
design)).
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We believe that of the establishment of dispute resolution processes between these
professions, in which practice standards are an essential component, could result in
the resolution of jurisdictional issues on the basis of mutual consents by the parties
to disputes. These resolutions, if addressed by a practice standard, could be
binding on the consenting parties much the same as resolution orders would be
binding in the internal OBOA dispute resolution process. As we have noted, where
existing authorities are silent, or where significant inconsistency in approach exists,
the development of mandatory practice standards could be a useful tool. The
governing principle supporting this concept, and without which practice standards
and dispute resolution processes cannot be established, is, of course, consensus
among stakeholders and LGIC regulation.
8.1.4 Scope of complaints to be regulated
Based on the proposed scope of practice and the limits of OBOA regulatory
functions as outlined above, only matters arising from the qualification of building
officials, their conduct, their observance of orders arising from dispute
resolution/disciplinary procedures, their adherence to practice standards and
general matters of demonstrated incompetence/negligence will constitute a basis
for complaints.
8.1.5 Assignment of Administrative Responsibilities to the OBOA
The OBOA proposes that the delegation of administrative authority to the
administrative authority shall be delegated by the Minister to the
authority as per the Safety and Consumer Statutes Administration Act, 1996.
Discussion:
The Safety and Consumer Statutes Administration Act, 1996 (SCSAA) provides that
the administration of all provisions in delegated legislation may be delegated by the
Minister to an administrative authority. Section 3 of the SCSAA provides as follows:
Designations
3. (1) The Lieutenant Governor in Council may, by regulation, designate an Act
named in the Schedule, a regulation made under that Act or provisions of that Act or
that regulation as designated legislation for the purpose of this Act. 1996, c. 19,
s. 3 (1).
Same, administrative authority
(2) Subject to section 4, the Lieutenant Governor in Council may, by regulation,
designate one or more administrative authorities for the purpose of administering
designated legislation. 1996, c. 19, s. 3 (2).
Delegation of administration
(3) Subject to subsection (4), if the Lieutenant Governor in Council designates an
administrative authority for the purpose of administering designated legislation, all
provisions in the legislation relating to its administration are delegated to the
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administrative authority unless specifically exempted in the designation of the
administrative authority or the legislation. 1996, c. 19, s. 3 (3).
The administrative agreement between the administrative authority and the Minister
will also particularize the responsibilities delegated to the authority.
8.1.6 Prohibitions Regarding Regulated Persons who are not Members of the
OBOA
The OBOA proposes that in order to protect the public, only those persons qualified
and competent to perform the work of a building official are permitted to practice the
building official profession, it is necessary to provide that only members of the
Association may:
1. engage in the practice of a building official,
2. hold themselves out as a building official,
3. use the CBCO designation or an other designation that the OBOA may
establish, or
4. imply or hold out that they are members of the Association.
A breach of this provision would subject the offender to a prosecution under the
Provincial Offences Act.
The statutory language the Association suggests is:
(1) No person shall engage in the practice of a building official, or hold
themselves out as a building official, unless the person is a member of the
Association and has been issued a certificate that recognizes him or her as
having satisfied the qualifications of membership.
(2) No person shall
(a)
establish, either alone or in combination with any other word, name,
title, initial or description, or
(b) implies or holds out that he or she is a member of the Association
unless the person is a member of the Association.
We suggest that every person who contravenes these provisions is guilty of an
offence and on conviction is liable,
(a) to a fine of not more than $25,000 for a first offence;
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(b) to a fine of not more than $50,000 for a subsequent offence.
8.1.7
Exemptions
OBOA Position:
Persons and others to be exempted from the proposed legislation include:
1. Property Standards Officers
2. It is also suggested that the legislation contain provisions as follows:
No effect on professional engineers or architects
Nothing in this section [i.e. scope of practice] affects or purports to affect the rights
and obligations of professional engineers under the Professional Engineers Act or
of architects under the Architects Act where such individuals are practicing as
engineers or architects.
If, however, an engineer and/or architect is appointed pursuant to the BCA as a
building official or RCA, he/she must register as a member of the administrative
authority.
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8.2 GOVERNANCE
8.2.1 Process for Development of Regulations
The OBOA submits that the powers to be obtained by the delegated administrative
authority, i.e. the OBOA, should, and will, occur pursuant to the provisions of the
Safety and Consumer Statutes Administrative Act, 1996 (SCSAA)
Discussion:
Particulars: Safety and Consumer Statutes Administration Act, 1996 (SCSAA)
Delegation:
Pursuant to the SCSAA, the Lieutenant Governor in Council may delegate to the
OBOA as a designated administrative authority certain powers and duties in
relation to the administration of a statute. In this case, The OBOA wishes the
Minister to introduce a new OBOA governing statute in the legislation as a
designated Act and to confer powers and duties on it to administer that Act.
Pursuant to the SCSAA, if the OBOA is designated as an administrative authority
for the purpose of administering designated legislation, all provisions in the
legislation relating to its administration are delegated to the Association unless the
designation or the legislation specifically exempts it. One of the exemptions in the
SCSAA is found in subsection 3(4) which provides that the powers that the
provincial Cabinet or the Minister responsible for the designated legislation (in this
case the Minister of Municipal Affairs and Housing) are not delegated to the OBOA.
8.2.2 How are Regulations developed?
The OBOA submits that the Minister may make regulations respecting matters
relevant to the authority of the administrative authority. However, the Minister may
also delegate the regulation-making power to the administrative authority in order
for it to govern its affairs. Below are the statutory provisions in support of the OBOA
position.
Discussion:
The Minister may make regulations respecting a number of matters. For example,
under the Real Estate and Business Brokers Act, 2002 (REBBA), the Minister may
make regulations establishing code of ethics; governing the jurisdiction and
procedures of committees established under that Act; and a host of other matters.
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The Minister may also despite the provisions of subsection 3(4) of the SCSAA
delegate in writing to the administrative authority the power to make some or all of
approval.
The Minister may approve or not approve regulations; however, there will be no
approval unless they are made in accordance with the provisions of the
administrative agreement between the administrative authority and the Minister.
The Minister may also revoke the delegation to the administrative authority to make
regulations.
While the OBOA as the delegated administrative authority would expect to
develop regulations governing the operations of the OBOA, but subject to the
approval of the Minister, the legislation should provide for the areas in which the
Lieutenant Governor in Council may make regulations delegating authority. In our
respectful submission, these areas should include regulations:
(a) respecting eligibility for membership, registration and reinstatement of
membership or registration, issuance of certificates, standards relating to the work
or practice of building officials, including evaluation, examination, education and
work experience requirements for members, and the discipline of members,
including what constitutes professional misconduct;
(b) prescribing such things as this Act requires or permits to be prescribed or to be
done by regulation;
(c) fixing the number of members to be elected to the board and defining chapters
or constituencies, and prescribing the number of representatives;
(d) respecting and governing the qualifications, nomination, election and term or
terms of office of the members to be elected to the board, and disputed elections;
(e) prescribing the conditions disqualifying elected members from sitting on the
board governing the filling of vacancies on the board;
(f) prescribing positions of officers of the Association and providing for their election
or appointment;
(g) prescribing classes of membership and certificates and imposing terms,
conditions and limitations on any class;
(h) respecting the composition of committees, appointment of members to
committees, quorum requirements and practice and procedure before committees,
and respecting all matters relating to appeals of decisions by committees;
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(i) prescribing information to be included in the public register maintained by the
Registrar;
(j) requiring the making of returns of information by members in respect of names,
addresses and telephone numbers and requiring the use of forms established or
approved by the Association for such returns;
(k) providing for a program of continuing education of members of the Association;
(l) classifying and exempting any class of members from any provision of the
regulations under such special circumstances in the public interest as the board
considers advisable;
(m) respecting any transitional matters necessary for the effective implementation of
this Act and the regulations;
(n) prescribing any matter that is necessary for furthering the Association's objects
and that is in the public interest.
There can also be a delegation to the Minister to develop regulations in certain
areas that otherwise could only be exercised by the Lieutenant Governor in Council.
For example, pursuant to Ont. Reg568/05 (REBBA), the subject matter in which the
Minister may make regulations could also be included in OBOA legislation.
8.2.3 Authority of the OBOA to Administer Examinations and Training
The OBOA submits that the Lieutenant Governor in Council may make regulations
governing education, examinations and training. However, such regulations may
examinations and training required for certification. The OBOA suggests that this
model be followed.
Discussion:
Pursuant to the delegated administrative authority model, the Lieutenant Governor
in Council may make regulations governing examinations and training. For
example, subsection 51(1) of REBBA provides for regulations prescribing
educational requirements for individuals wishing to register as real estate agents:
Pursuant to Ontario Regulation 579/05 made under REBBA, the educational
requirements for registration are set out. For example, various provisions in
Regulation 579/05 permit the Registrar of RECO to designate educational courses
that are required for registration as a salesperson and for renewals of registration.
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The OBOA would expect that similar statutory provisions would be developed for
legislation governing its activities as a delegated administrative authority. The
Registrar appointed by the delegated administrative authority and/or a committee
established to deal with educational issues could be given the authority to set
educational requirements for certification as a building official, as is provided in
Ontario Regulation 579/05 made pursuant to REBBA, a copy of which has been
attached hereto. (see Appendix F)
8.2.4 Authority of OBOA to Set Practice Standards
The OBOA proposes that it, as the administrative authority, should be provided with
the authority to establish Practice Guidelines and Practice Standards. As this issue
is complex and requires multi-stakeholder review on each potential guideline and
standard, it is proposed that the authority to do so be obtained by future LGIC
regulation. It is envisioned that the process and participant structure reviewed by
the Minister and approved by the LGIC would ensure ministerial and industry
satisfaction with consensus potential.
Discussion:
Practice Guidelines and Practice Standards for the work of building officials will
better protect the public interest as they will promote a consistent approach to the
application of Building Code matters.
Practice Guidelines and Practice Standards would be issued by the delegated
administrative authority pursuant to its authority under the delegation from the
Minister to make regulations it considers necessary or desirable to carry out or
facilitate any of the purposes of the Act and to require compliance with them. Such
practice standards would constitute minimum standards for the practice of
administration and enforcement of building code regulations by members. Practice
guidelines would not be mandatory in nature but would be encouraged to promote
consistency.
The development of Practice Standards that would form a mandatory measure of
conduct or action for a building official shall be achieved by industry and ministerial
consensus as well as detailed research to ensure that not only are these standards
acceptable to the industry, but that they do not create conflicts with or
contraventions of legislated, regulated or delegated duties of any party.
The OBOA, as the delegated administrative authority, would require that all
members comply with and adhere to Practice Standards as a minimum required
standard of care. Failure by a member to comply with such standards would
constitute professional misconduct for which the complaints and discipline process
would apply.
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The SCBBA contains provisions which would provide the Association with the
authority to establish, maintain and enforce practice standards. These provisions
include:
Duties
7. (1) A designated administrative authority shall carry out the administration of
designated legislation delegated to it and shall do so in accordance with law, this Act,
the designated legislation and the administrative agreement, having regard to the
intent and purpose of this Act and the designated legislation. 1996, c. 19, s. 7 (1).
Additional activities
(2) Nothing in this Act restricts a designated administrative authority from carrying
out other activities in accordance with its objects. 1996, c. 19, s. 7 (2).
The Guidelines and Standards will be published on the OBOA website at
www.oboa.on.ca and would be made available to members of the public free of
charge in electronic form or, on request and at cost, as a paper document to
members of the public requesting the same.
Why are Practice Guidelines and Practice Standards in the Public Interest?
The issue of standardization in the interpretation and application of the Building
Code and other provisions dealing with building issues was recently highlighted in a
letter by Jeff Leal, MPP Peterborough, in a letter to the Hon. John Gerretsen,
Minister of Municipal Affairs and Housing. He stated: For ease of reference, we
The standardization issue is particularly important given the objectives of the
Building Code and the nature of the work of building officials which deal with
significant public health, life and safety, structural adequacy and accessibility
related issues.
With the authority to develop and issue Practice Guidelines and other support
material, and to develop, issue and enforce Practice Standards, the Association
would be in a position to promote consistency of application and interpretation of
the Building Code throughout Ontario, an objective that is particularly needed as we
enter into the era of objective based codes.
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8.2.5 Authority of OBOA to Set Fees
The OBOA proposes that it, as the administrative authority, should be provided with
the authority to set and collect fees, administrative penalties, costs and other
relevant charges.
Discussion:
Normally, a professional regulator such as the OBOA has the authority to establish
fees to ensure the proper administration of the organization. In the delegated
administrative authority model, certain provisions found in the SCBAA would apply
in this regard. These provisions may be found in Section 12 of the legislation.
The OBOA, as the delegated administrative authority, would establish the following
dues and special levies:
annual membership dues payable by members determined from time-to-time by
the board of directors
special levies payable by members in such amounts as the board will determine
exemptions from payment of fees and levies, e.g. by life members
fees for reinstatement of membership
8.2.6 Composition and Appointment of the Council/Board of Directors
The OBOA proposes that, pursuant to the SCSAA and the administrative
agreement between the Minister and the administrative authority, the OBOA, as the
administrative authority, be given the authority to establish:
1. the composition of the Board of Directors
2. the appointment of the directors
3. the duties of the directors
4. the election procedures for directors;
5. the appointment of the officers of the administrative authority, and 6. the
composition and appointment of the members of the executive
committee.
Discussion:
The SCSAA provides for the appointments of the delegated administrative
oard of Directors. Furthermore, the administrative
agreement between the Minister and the delegated authority will provide for the
composition and appointment of members of the Council or Board of Directors.
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Aside from the duties that would be granted t
pursuant to subsection 8(5) of the SCSSA, the Association submits that it ought to
be granted the powers and duties to manage the property, business and affairs of
the Association. More particularly, the board should be granted the authority to pass
by-laws which are necessary to conduct the business and carry out the objects of
the Association. The OBOA submits that this should include the authority to pass
by-laws:
(a) respecting the application of funds of the Association and the investment and
reinvestment of any funds not immediately required, and the safekeeping of its
securities;
(b) prescribing the remuneration of the members of the board and of committees
and providing for the payment of their necessary expenses in the conduct of their
business;
(c) governing the election and appointment of officers and directors, their terms of
office and their responsibilities;
(d) providing for the appointment of committees, sub-committees and task forces,
and governing their composition, responsibilities, powers, and the election or
appointment of their chairs;
(e) establishing a curriculum, courses of study and examinations for student and
government members of the Association, and governing the granting of certificates
to those who have successfully completed the required examinations;
(f) establishing classes of membership in the Association, and establishing the
qualifications for,
(i) the class of members who are certified building code officials, and
(ii) other classes of members.
(g) regulating and governing the conduct of members of the Association by
prescribing a code of ethics, rules of conduct and standards of practice, and
providing for suspension, expulsion or other penalty if a member contravenes the
code of ethics, rules of conduct or standards of practice, and
(h) providing for the establishment and designation of local chapters of the
Association.
The Ontario Building Officials Association is a corporation without share capital and
therefore has the ability to develop By-Laws of the Corporation from time-to-time. In
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particular, the OBOA has the authority to establish a By-Law dealing with the
appointment and composition of the Board of Directors. The Board shall manage
the affairs of the Corporation and most, importantly, ensure that it meets its
obligations under the administrative agreement.
Further, section 7 of the SCBBA provides for how the delegated administrative
authority will carry out the administration of the designated legislation:
Duties
As well, it is anticipated that the administrative agreement between the Minister and
the administrative authority will provide for provisions such as the following:
Appointment of the Board:
(1) The composition of the Board, the selection criteria and process and term of
office of its members, other than Ministerial appointees shall, in the discretion of the
Board, be established either by by-law, that is with the approval of the membership,
or by resolution of the Board alone. The Administrative Authority shall provide such
by-laws or resolution to the Minister for review and approval prior to submitting them
to the Board or membership as the case may be.
(a) Restrictions to who can sit as a board member
(b)
any change in the by-laws or resolutions respecting Board composition, the
selection criteria and process and term of office of its members.
(c) Any motion from the floor that affects Board composition or selection criteria
or process and terms of office of its members shall not be entertained or put
to the vote of the membership unless a copy of the motion has been
reviewed and approved by the Minister.
As we have noted, the purpose of the Board is to: individually and collectively
manage the property, business and affairs of the Association; and to further the
aims and objectives of the Association and the interests of the members and the
public. In that regard, it is our respectful submission that the Board be granted the
authority to manage the following matters:
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Composition of the Board:
The OBOA suggests that the board of the delegated administrative authority be
composed of:
(a) not fewer than five and not more than twenty members of the Association, as
the board may determine by by-law, of which at least 51% are elected by the
members of the Association, together with directors appointed by the Minister;
(b) three ex-officio directors, including the Immediate Past President and
such other members as the board may direct and
(c) up to four ex-officio directors representing related industry associations as
determined by the President.
Election of the Board of Directors:
The manner of electing the members of the board, the qualifications of electors, the
notification to the electors of the time and place of holding elections, the taking and
counting of votes, the giving of a casting vote in the case of an equality of votes, the
tenure of office and removal of all members of the board, the regional
representation of board membership, and other necessary provisions will be as set
out in the by-laws.
Officers of the Board:
The officers of the Association shall consist of a President, one or more VicePresidents, a Secretary, a Treasurer, a Registrar and a Chief Administrative Officer.
The board may, at any time and from time to time, combine into one position the
positions of Secretary, Treasurer and Registrar and may also, from time to time
create and fill by election or appointment, such honorary or other offices, and shall
prescribe such authority and duties to such offices, as it shall see fit.
Executive Committee:
The board shall appoint an Executive Committee that shall be comprised of the
President, one or more Vice-Presidents, the Secretary, the Treasurer and the Chief
Administrative Officer.
The board may delegate to the Executive Committee the authority to exercise any
power or perform any duty of the board other than to amend or revoke a by-law.
Other matters relating to the operation of the Board are set out in the OBOA By-Law
approved on October 3, 2006, and attached hereto.
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8.2.7 Meetings of the Council/Board of Directors
The OBOA proposes that the Board of the administrative authority shall determine
the appropriate place and times of the meetings of the Board, as well as the Annual
General Meeting.
Discussion:
It is respectfully submitted that meetings of the Board of Directors may be held at
anytime and place as determined by the Board so long as appropriate notice of not
less than 48 hours written notice is provided to board members other than by
mail. If notice is to be provided by mail, it must be sent at least seven days prior to
the meeting date. A minimum of one board meeting per year must be held.
There shall also be an Annual General Meeting of the members of the Association.
The place and date of such meeting will be determined each year by the Board of
Directors.
8.2.8 Committees of the Council/Board of Directors
The OBOA proposes that the Board of Directors shall be empowered to establish
and standing and other committees.
Discussion:
Pursuant to the Administrative Agreement with the Minister, it is respectfully
submitted that the Board of Directors should be entitled from time to time to
establish and disband Standing Committees of the Association. Such committees
include:
Certification and Maintenance
Education
Executive
Finance
Public Relations
Complaints Committee
Discipline Committee
Committee on Dispute Resolution Process with the PEO and OAA
The Board is entitled from time-to-time to establish such other committees as may
be appropriate for the governing of the affairs of the Association.
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8.2.9 Powers of the Council/Board to pass by-laws and their relationship to the Act
and Regulations
The OBOA proposes that the administrative authority should have the authority to
carry out its administrative duties pursuant to the SCSAA and the administrative
agreement. Included in that authority is the power to pass by-laws.
Discussion:
The Ontario Building Officials Association is a corporation without share capital and
therefore has the ability to develop By-Laws of the Corporation from time-to-time.
The Board shall manage the affairs of the Corporation and most, importantly,
ensure that it meets its obligations under the administrative agreement. That
agreement will provide for the by-law making authority of the Board.
Further, section 7 of the SCBBA provides for how the delegated administrative
authority will carry out the administration of the designated legislation:
Duties
The purpose of the Board is to individually and collectively manage the property,
business and affairs of the Association and to further the aims and objectives of the
Association and the interests of the members and the public. In that regard, the
Board should have the authority to pass by-laws to ensure the proper administration
of the designated legislation, through the SCSSA and the administrative agreement.
In that regard, it is submitted that the Board should have the authority to enact bylaws:
(a) respecting the application of funds of the Association and the investment and
reinvestment of any funds not immediately required, and the safekeeping of its
securities;
(b) prescribing the remuneration of the members of the board and of committees
and providing for the payment of their necessary expenses in the conduct of their
business;
(c) governing the election and appointment of officers and directors, their terms of
office and their responsibilities;
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(d) providing for the appointment of committees, sub-committees and task forces,
and governing their composition, responsibilities, powers, and the election or
appointment of their chairs;
(e) establishing a curriculum, courses of study and examinations for students and
members of the Association, and governing the granting of certificates to those who
have successfully completed the required examinations;
(f) establishing classes of membership in the Association, and establishing the
qualifications for,
(i) the class of members who are certified building code officials, and
(ii) other classes of members.
(g) regulating and governing the conduct of members of the Association by
prescribing a code of ethics, rules of conduct and standards of practice, and
providing for suspension, expulsion or other penalty if a member contravenes the
code of ethics, rules of conduct or standards of practice, and
(h) providing for the establishment and designation of local chapters of the
Association.
The by-laws will be open to examination by the public at the head office of the
Association during normal business hours.
8.2.9(1) Authority of the OBOA under Delegated Legislation
It is clear that a delegated authority can only exercise those powers that are
delegated to it. It is also clear from a review of legislation establishing delegated
administrative authorities that in fact certain powers are delegated to such
authorities. For example, we have noted that pursuant to REBBA, the Minister can
establish regulations prescribing a code of ethics; governing the jurisdiction and
procedures of committees; establishing the education requirements for members of
RECO. However, it is also to be noted that the Minister can delegate that regulation
power to RECO, that is, to the delegated administrative authority. That can be
accomplished through an administrative agreement between the Minister and the
administrative authority. Typically, the administrative agreement will delegate such
powers to the administrative authority as: the composition of the board; the
qualifications, terms and conditions of membership; the terms of office for members
of the board, other than those individuals who are appointed to the board by the
Minister; and the power for the board to use its discretion to enact provisions
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covering these issues either by by-law (which would have to be approved by
members, presumably at an annual general meeting or special meeting) or by
resolution of the board alone. This is consistent with Subsection 3(3) of the SCSAA
that provides that where an administrative authority has been designated by the Lt.
Gov. in Council for the purpose of administering delegated legislation, then all
provisions relating to is administration are delegated to the administrative authority
except those that are specifically excepted or exempted in the legislation that
designates the administrative authority. It is also consistent with section 7 of the
SCSAA which provides that a designated administrative authority can undertake the
administration of the delegated legislation in
accordance with law, the SCSAA, the designated legislation and the administrative
agreement.
It should also be noted that delegated legislation can include regulation making
powers by the Lt. Gov. in Council over a number of areas that one would expect the
administration authority to administer: educational requirements, term of office for
board members, etc. Nevertheless, as we have noted with the real estate example,
those regulations can provide for the administrative authority to set educational and
certification requirements, for example.
In the result, whether the delegated legislation provides for authority in the Minister
to exercise certain powers over educational requirements, board membership, etc.
or whether it provides for the Lt. Gov. in Council to regulate in these areas, it is
clear that these powers may be delegated to the delegated authority by the Minister
or may be given to the delegated authority directly through regulation enacted by
the Lt. Gov. in Council. We would, therefore, submit that regardless of which
approach is taken in the delegated legislation, the OBOA could be provided with the
jurisdiction or power to administer the operations of the Association in the essential
areas of education, board administration, certification, etc.
8.2.10 Immunity of the OBOA for acts done in good faith
Discussion:
The OBOA proposes that individuals who are engaged in the administration of the
delegated legislation should be immune from civil liability in respect of any acts
performed in good faith as part of their duties. More specifically, the delegated
legislation should contain the following immunity provisions:
(1) No action or other proceeding for damages shall be instituted against the
Association, a board member, a member of a committee of the Association, an
employee or agent of the Association, including an investigator appointed under
section 29, or any other person engaged in the administration of this Act for any act
done in good faith in the performance or intended performance of a duty or in the
exercise or intended exercise of a power under this or any other Act or for any
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alleged neglect or default in the performance or exercise in good faith of such a
duty or power.
(2) The Association shall indemnify a person described in subsection (1) for all
costs, charges and expenses sustained or incurred by the person relating to an
action or other proceeding described in subsection (1), but not for any costs,
charges and expenses that are caused by the person's own willful neglect or
default.
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8.3 QUALIFICATION AND CERTIFICATION
The OBOA proposes that it, as the administrative authority, should have the power
to set educational requirements and training for prospective members, pursuant to
regulations made by the Minister. In the initial phase of the proposal, it is anticipated
that LGIC regulations will require the use of MAH examination categories. However,
maintenance of qualification and re-qualification matters, as has been stated, are
intended to be addressed by mandatory education in keeping with code cycles and
with the advice of MMAH
Discussion:
Pursuant to the ability to establish regulations regarding the educational and
qualification standards of individuals wishing to register as professional building
officials, the association sets the framework for the following program. (Failure to
complete the Internship studies or the Qualification Studies within the prescribed
timeframes will result in the candidate having to re-apply to the program.)
8.3.1 Foundation Studies necessary to enter the Profession:
General background consists of all the courses and programs taken and
completed by individuals in their lives and their general work experience.
This general background provides individuals with the requisite knowledge
and abilities necessary to learn the required technical skills of the
professional building official occupation.
The required background for a professional building official is
a)
High School Diploma (or equivalent)
and one or more of the following:
b)
Successful completion of a diploma or degree program related to the
building industry (e.g. Architecture, relevant engineering or
engineering technology)
c)
Journeyman Provincial license in a building trade, or
d)
Five years of relevant work experience in the building industry or in
the municipal standards enforcement field
8.3.2 Internship Studies
Entry into the Qualification and Certification Program is at the Intern Stage,
this provides individuals with the appropriate background with a point of entry
into the qualification and certification program for professional building
officials.
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following exam must be successfully completed
General Legal for Inspectors and Designers;
Powers and Duties of CBOs, and RCAs or a recognized equivalent.
The internship stage consists of a choice of two tiers.
Tier 1 will encompass qualification exams necessary to advance to the stage
of Qualified - Residential. (House, Plumbing-House, HVAC-House)
Tier 2 will encompass qualification exams necessary to advance to either
Qualified Small Buildings, Qualified- Large Buildings, Qualified Large
Buildings Advanced or Qualified Specialty (Small Buildings, Large
Buildings, Complex Buildings, Building Services, Building Structural,
Plumbing All Buildings, On Site Septic)
Tier 1 Interns may be enrolled for not longer than 18 months, except that a
further period of 6 months may be added for personal hardship.
Tier 2 Interns may be enrolled for not longer than 12 months, except that a
further period of 6 months may be added for personal hardship.
The Intern stage of qualification and certification will include a supervised
stage in the qualification and certification program in the area being
supervised. The intern must remain a member in good standing.
Individuals who have documented compliance to the existing MAH
qualification levels may be exempt from this stage and enter directly into the
Qualification stage if they meet the exam requirements listed in the matrix
and have successfully completed the General Legal for Inspectors and
Designers Exam or Powers and Duties of CBOs, and RCAs Exam.
Initially, intern work functions will be limited to the functions currently
permitted under Building Code requirements.
8.3.3 Qualification Studies
The Qualification process of the program consists of 6 different levels of
specialty studies. These levels are independent and may be achieved
individually.
a)
b)
Qualified - House
Qualified Small Buildings
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c)
d)
e)
f)
Qualified Large Buildings
Qualified Large Buildings Advanced
Qualified Specialty (i.e. On Site Sewage Systems, Plumbing House
and All Buildings, Building Services, Fire Protection)
Qualified Management/CBO
The Qualification stage will outline the additional educational courses
necessary for an individual to advance to the certified stage while gaining
supervised experience in the stage of qualification.
Building Officials in this process will not be restricted to the work functions of
an intern.
Note: To be developed is a matrix table of the qualification levels above, with
examinations required and mandatory courses.
An individual must remain in the Qualification stage for a minimum of 3
years and a maximum of 5 years.
Failure to complete the Internship Studies component or the Qualification
Studies component within the prescribed timeframes may result in the
candidate having to re-apply to the program. While in the program, an
individual must remain a member in good standing.
8.3.4. Certification Studies
An individual is acknowledged as certified in the one of the 6 qualified
elements once they have met the additional education requirements and
mandatory experience requirement for that element.
a)
b)
c)
d)
e)
f)
Certified - House
Certified Small Buildings
Certified Large Buildings
Certified Large Buildings Advanced
Certified Specialty (i.e. On Site Sewage Systems, Plumbing House
and All Buildings, Building Services, Fire Protection)
Certified Management/CBO
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8.3.5 CBCO Certification
An individual may be awarded a CBCO certification if they have advanced to
the certified stage in following levels of qualification as noted in the Qualification
Studies section:
Certified
Certified
Certified
Certified
House
Small Buildings
Large Buildings
(To be determined - Under Review)
is necessary to be a member in good standing in the Association. This
includes:
Complying with a Code of Ethics and/or Code of Conduct
Remain Current to Code undertake mandatory training as established by
the OBOA within 3 years of the introduction of a new code edition
Commitment to a minimum of 30 hours of continuing education or
commitment to 30 hours of service to the Association in a 5 year period
NOTE
8.4
COMPLAINTS, INFORMAL DISPUTE RESOLUTION AND DISCIPLINE PROCESS
8.4.1 Rules
All professional regulatory bodies have as their mandates the protection of the
public. In that regard, an element common to all such bodies is the responsibility of
defining the expected conduct and competencies of their members. In doing so,
these organizations prescribe the limits of acceptable actions and decisions, as well
as the basic competencies required to practice in the applicable profession. When
about alleged member violations of these rules. Typically, a professional
organization will also establish a discipline process designed to apply corrective
action and, where required, to impose penalties in the interests of public safety, the
betterment of the profession and to ensure that justice has not only been done but
seen to have been done in the circumstances.
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OBOA envisions rules that will set out three primary areas of expected conduct:
ethical behaviour
competence, and
actions.
These will be addressed primarily through the following elements of the complaints
and discipline program:
1. an OBOA Code of Ethics
2. definitions of Incompetence and Negligence, and
3. OBOA Rules of Professional Conduct
8.4.1.1 Code of Ethics
The following shall be the Code of Ethics of the Association:
(a) No member shall commit an indictable offence or other offence
prosecuted under indictment under the Criminal Code (Canada) or similar
criminal legislation in the United States of America, or in any municipality,
province, state, district or territory of Canada or the United States of
America, or any other offence which affects their ability to perform the
practice of a Professional Building Official or that brings discredit or
embarrassment to other Members or chapters of the Association.
(b) No Member shall commit any offence or serious misconduct pertaining to
the funds and/or property of any branch of government.
(c) No Member or shall be guilty of serious and improper action in the
performance of their duties that brings discredit and/or embarrassment to
other Members or the Association.
(d) Members shall resist any encroachment of stated responsibilities that
out official policies and handle any issue without discrimination on the
basis of principle and justice.
(e) No Member shall disclose to others or use to further any personal
interest, confidential information acquired in the course of stated official
duties.
(f) Members shall strive to maintain the integrity of the profession and should
participate in its activities.
(g) Members shall observe the Code of Ethics set out herein in both spirit as
well as in letter.
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8.4.1.2 Incompetence and Negligence
8.4.1.2.1 Incompetence shall be defined as:
a)
lack of knowledge, skill or judgment, or disregard for the welfare of the
public of a nature or to an extent that demonstrates the person is unfit to
practice as a building official, or
b) suffering from a physical or mental condition or disorder of a nature and
extent that it is in the public interest and the interest of the person that the
persons practice as a building official be restricted, or as required,
prohibited.
8.4.1.2.2 Negligence shall be defined as:
a building official
that constitutes a failure to maintain standards that would be expected in the
execution of duties by a reasonable and prudent building official.
8.4.1.3 Rules of Professional Conduct
The following shall constitute the Rules of Professional Conduct of the OBOA:
a) members shall adhere to the OBOA Code of Ethics
b) members shall not engage in vexatious comment or conduct in their
professional lives that would be reasonably known to be unwelcome
and/or inappropriate
c) members shall not practice in disciplines where they do not hold the
required certification
d) members shall not act in a manner portraying themselves as building
officials in an area, location or jurisdiction where they are not appointed to
do so
e) members shall abide by any and all conditions and obligations imposed
on them by the certifications they possess
f) members shall comply (OR is it better to say cooperate) fully with any
Association investigation process, including but not limited to, a
Registrars Investigation, Complaints and Disciplinary Hearings, Appeals
Committee Hearings and Complaints Auditor reviews
g) members shall comply with Resolution Orders to which they are
voluntarily a party to
h) members shall comply with decisions and conditions imposed upon them
by the Discipline Committee
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8.4.1.4 Basis for Complaints
A complaint may be made on the basis that a Member has demonstrated
Incompetence as set out in section 10.1.2.1, Negligence as set out in section
10.1.2.2, or that he or she is guilty of Professional Misconduct as a result of a
contravention of the Rules of Professional Conduct as set out in section 10.1.3.
8.4.2 Process Overview
The Complaints, Dispute Resolution and Discipline process program is structured to
regulate the practice of Professional Building Officials and to govern the holders of
certifications granted by the OBOA in accordance with legislation, regulation and
s. Such governance shall ensure the protection of public
safety and the advancement of the public interest.
The three core principles established in this proposal are: protection of the public;
ethical and competent performance of the duties of Professional Building Officials;
and a transparent regulation of practice. In complaint matters that are outside of or
beyond the above-noted core principles, the OBOA seeks to encourage positive
dispute resolution, improved co-operation with other professions and industry
partners and, where possible, a movement towards remedial solutions to disputes
as opposed to the imposition of punitive sanctions.
The framework that provides for the administration of the aforementioned process is
based on the foundations of administrative law, including the principles of natural
justice, that have been developed in both statute and the common law. While the
delegated authority model of OBOA self management differs from the models of
independent, self- regulating bodies such as the PEO and the OAA, the manner in
which complaints, dispute resolution and discipline processes can be undertaken, is
virtually identical. All are based on administrative law principles, most notably the
principle of natural justice.
8.4.3 Process Structure
To ensure fundamental transparency in these processes, a person may not serve
concurrently on more than one of the complaints, dispute resolution, discipline or
appeals committees or as the Complaints Auditor. Further, it is anticipated that the
Minister of MMAH will appoint members of the public in the appointments made to
the OBOA Board of Directors, and such individuals would participate on these
committees.
The Registrar will be an employee of the Association and will have responsibility for
membership
The Complaints Auditor shall be appointed by the Board of Directors, but will not be
a member of the Board or any practice related committee
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be focused on practice regulation. Several routes of appeal from decisions made
within the practice regime lead to this position, and all appeals from the decisions of
the Complaints Auditor will be to the Appeals Committee. The Complaints Auditor
generally deals with appeals related to the dismissal of complaints by various
committees in the practice regulation structure, as well as an appeal from a member
regarding the decision of the Complaints committee to dismiss a complaint against
another member. The primary responsibility of this position is to ensure that
principles of administrative law have been observed, that the procedures set out by
the Association have been followed, and that impartiality was maintained
throughout the process. The review by the Complaints Auditor will be based on the
evidence produced and no new evidence will be considered during this review.
A Complaints Committee Chair and at least two other committee members shall be
appointed by the Board of Directors. At least one committee member shall be a
board member appointed by the Minister of MMAH.
The Dispute Resolution Committee shall be appointed by the Board of Directors
and shall consist of not less than five members, two of which will be representatives
of the PEO and the OAA. The committee shall choose a chair from amongst its
members.
Similar to other self regulating bodies, the Discipline Committee shall be comprised
of not less than five persons, of which at least one is appointed from each of the
following: elected members of the Board of Directors, members of the Board of
Directors appointed by the Minister of MMAH and members of the Association. The
Discipline Committee shall appoint a chair from amongst the committee members.
The Appeals Committee will be appointed by the Board of Directors, will be
comprised of not less than 3 and not more than 5 persons and will contain at least:
one OBOA Board Executive member, one OBOA board member appointed by the
Minister of MMAH and one person who is not a building official nor an OBOA board
member. The Appeals Committee shall appoint a chair from amongst the
committee members. The Appeals Committee will exercise the final internal appeal
function of the Complaints/Dispute Resolution/ Discipline process and appeals from
the decisions of this committee will be to the Divisional Court.
8.4.4 Process Procedure
Complaints will be submitted in the prescribed form to the Registrar of the OBOA.
The Registrar may forward the complaint to the Complaints Committee, or where
circumstances dictate, he or she may undertake a Registrars Investigation. If the
latter, the Registrar may examine the basis of the complaint, the extent and quality
of the evidence, the seriousness of the alleged activity, the requests of the
complainant and the response of the member in question. At the completion of the
investigation, the Registrar may recommend dismissal of the complaint, may
forward the complaint to the complaints committee, or may recommend to the
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complainant and the member in question that the public would be best served by a
referral of the complaint to the Dispute Resolution Committee. In the event that the
Registrar dismisses the complaint, the complainant may appeal to the Complaints
Auditor. Appearance before the Dispute Resolution Committee is optional, and
where there is no agreement between the parties to participate, or where any type
of accommodation is seen to be unlikely, the Registrar shall forward the complaint
to the Complaints Committee.
The Dispute Resolution Committee shall hear matters predominately related to
technical and administrative processes under the BCA and the OBC, and more
particularly, as they pertain to practice regulation. (This committee will also receive
applications external to the complaints process as part of a new working
relationship with Industry professionals. Does this need to be described?). The
Dispute Resolution process will result in either a dismissal of the application (again
appeal able to the Complaints Auditor) or the issuance of a Resolution Order, which
will describe the actions and measures that the member must comply with. Upon
the agreement of the complainant, the member in question and the Chair of the
Discipline Committee, the Order will be signed by the chair of the Dispute
Resolution Committee, the complainant and the member in question. This order will
be binding. (It should be noted that the Rules of Professional Conduct will refer to
Where the Dispute Resolution Committee Chair deems that an application before it
is of a nature that exceeds the mandate of dispute resolution in that it would more
appropriately be deal with as an allegation of professional misconduct, the
committee hearing will be terminated immediately and the matter forwarded to the
Complaints Committee. It must be noted that attendance before the Dispute
Resolution Committee, and consenting to a resolution order, is completely
voluntary.
The Complaints Committee shall hear matters put before it by the Registrar (either
directly or through the Registrars Investigation) or by the Dispute Resolution
Committee. The decision of this committee will result in either dismissal of the
complaint or the referral of the complaint to the Discipline Committee. The decision
of the Complaints Committee will be appeal able to the Complaints Auditor but
only on the basis of a review of the process undertaken by the Complaints
Committee and not the substance of the complaint.
The Discipline Committee will hear matters put before it by the Complaints
Committee or the Complaints Auditor. This committee will be quasi-judicial in
nature and will be constituted under bylaw and operational policy to conduct itself
as such. The general procedures, rules of evidence and standard of proof shall be
based on the rules of civil procedure, and more particularly on the basis of the
Statutory Powers Procedures Act.
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It should be noted that in OBOA disciplinary hearings, the employer of the member
in question would
Once
granted intervenor status, the employer may choose to fully participate in the
hearing by leading evidence and cross-examining witnesses, including the member
and the complainant.
Similar to disciplinary policies of other self-regulating and self-managing bodies,
mitigating and extenuating circumstances may be led into evidence and considered
by the Discipline Committee during the disciplinary hearing. Where the member in
question is accused of an act of professional misconduct, and it appears that his or
her conduct may be related to certain factors within his employment (e.g. available
resources, operational policies, education and development), the employer or the
member can lead such evidence. The intent of this process is to allow the
employer to have input into the determination of appropriate resolutions to the
disciplinary matters actions for the benefit of all interests involved, and most
particularly, for the protection of the public. Decisions of the Discipline Committee
can be appealed to the Appeals Committee.
The Discipline Committee will have a wide range of options available to it when
determining the appropriate disposition of a matter before it. These options will, in
the interest of fairness and justice, include:
cancellation of membership
revocation of certification (with the ability to apply for re-instatement to the
Discipline Committee after 24 months)
suspension of certification for a period less than 24 months
placement of restrictions on a members certification
accept an undertaking on behalf of the respondent for remedial and corrective
actions
suspend the sentence to assess respondent actions or actions in the matter by
other bodies having jurisdiction
impose such conditions on the respondent as required with regard to training,
experience or other professional development initiatives
The Appeals Committee will hear appeals from the decisions of the Discipline
Committee and the Complaints Auditor. In addition to ensuring that the bodies in
question have adhered to the requirements set out in legislation, regulation and the
independent legal counsel when required to assist the committee in ensuring
compliance with the principles of administrative law. (Should there not be legal
counsel for the Discipline Committee as well?) The Appeals Committee may either
dismiss the appeal, refer the matter back to any committee or body for review,
modify the decision of the Discipline Committee or the Ombudsman or quash the
decision of the Discipline Committee or the Complaints Auditor.
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Following is a flow chart of the Complaints, Informal Dispute Resolution and
Discipline processes.
OBOA Complaints, Dispute Resolution and Discipline Process Chart
JAN/08
Resolution
Order
Complaint
Registrar
Registrars
Investigation
Dismiss
Complaint
Dispute
Resolution
Committee
Dismiss
Complaint
Complaints
Committee
Complaints
Auditor
Dismiss and
Appeal
Discipline
Committee
Discipline
Order
Matter
Disposed
Dismiss
Further Action*
Appeals
Committee
Dismiss
Complaint
Dismiss
Appeal to
Divisional
Court
Notes:
1.
2.
Dashed arrows and boarders constitute Informal Dispute Resolution, a voluntary component of the Complaints and Discipline
process. Must be consented to by both the complainant and the respondent.
returning the matter to the
Discipline Committee or modifying an order or conditions made by the Discipline Committee.
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8.4.5 Municipal/Principal Authority Interests
It is anticipated that while the procedures outlined above are a rigorous framework
for addressing matters of malpractice and misconduct, it must be recognized that
there is a sufficient level of internal controls and review in the workplace that
ensures the public interest is at the forefront of activities undertaken, and decisions
made, by building officials.
Integral to the application of the proposed practice regulation framework is an
understanding of what forms the basis of professional misconduct. Pursuant to
requirements of the BCA, Sec 7.1, principal authorities are required to establish
Codes of Conduct for persons exercising powers under the Act. Municipalities
addressed this requirement in different ways. Some added provisions dealing with
enforcement behavior, abuse of power and ethical conduct (with regard to duties
under the BCA) to existing codes of conduct for all municipal staff. Other
municipalities meanwhile, created a simple, core code function document that was
layered over existing municipal employee codes of conduct. While the requirement
in Section 7.1 of the BCA should be removed, principal authorities should be able to
enact codes of conduct or maintain the ones they have to address specific internal
needs.
While OBOA recognizes the need to protect and secure the employer/employee
relationship and not undermine it - when developing a proposed Code of Conduct
to be applied provincially, it must be recognized that a small degree of overlap may
occur when considering certain allegations of activities which are alleged to violate
codes of conduct. It is anticipated that in matters of ethical conduct concerning the
discharge of duties under the Building Code, there may also be violations of
administrative ethics normally regulated by the employer. The key is to determine in
which jurisdiction the majority of the issues reside. That is one of the primary
reasons for including employers in the discipline process. Once a complaint has
been referred to the Discipline Committee following the various steps outlined
above - it can work to determine where the predominate violations of conduct have
occurred. For example, an act of theft unrelated to the discharge of BCA duties
Not only could the disciplinary panel consider the fact that the violation is not
predominantly practice related, but they might also look to the employer Code of
Conduct to ascertain if the matter could be more suitably resolved under employerbased administrative provisions and sanctions. The proposal for establishing
intervenor status for employers of Building Officials would provide further
opportunity for the employer, the member in question and the OBOA to discuss
what action is in the public interest as well as the best interests of the parties
involved. This could result in OBOA decisions that reflect the predominant interest
of the employer in the matter and the acceptance by the Discipline Committee that
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employer actions to be taken, or already taken, sufficiently serve the public interest.
As opposed to causing conflict, employer and OBOA Codes of Conduct might well
work together to provide a greater and more seamless protection of the public
interest
8.5
REPORTING
The OBOA, as the administrative authority, must meet reporting requirements to
the Minister as set out in the SCSAA and new legislation establishing the OBOA as
an administrative authority.
Discussion:
8.5.1 Annual Report to the Minister
As per the SCSAA, the OBOA would provide reports to the Minister on an annual
basis on its activities and its financial affairs.
The specific legislation that requires these reports is as follows:
Reports
SCSAA:
13. (1) The board of a designated administrative authority shall report to the
Minister within one year of the effective date of its designation under this Act, and
each year after that, on its activities and financial affairs in respect of this Act, the
designated legislation for which administration is delegated to the administrative
authority and the regulations made under this Act and the designated legislation.
1996, c. 19, s. 13 (1).
Form and contents
(2) The report shall be in a form acceptable to the Minister and shall provide the
particulars that the Minister requires. 1996, c. 19, s. 13 (2).
8.5.2 Role of the Minister to Review Activities of the Council/Board, Advise Board
on Implementation of the Act
The OBOA proposes that, as per the SCSSA, legislation establishing the OBOA as
an administrative authority shall set out the role of the Minister in reviewing the
activities of the administrative authority.
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Discussion:
The SCSAA provides for the role the Minister plays in reviewing the activities of the
Board and empowers the Minister to provide advice in respect of the
implementation of the Act. Section 8(5) provides:
Duties
(5) The board of a designated administrative authority shall,
(a) suggest to the Minister amendments to Acts and regulations made under Acts that
it considers would contribute to the purpose of this Act or designated legislation;
(b) inform and advise the Minister with respect to matters that are of an urgent or
critical nature and that are likely to require action by the administrative
authority or Minister to ensure that the administration of designated legislation
delegated to the administrative authority is carried out properly; and
(c) advise or report to the Minister on any matter that the Minister may refer to the
board relating to this Act or to the administration of designated legislation
delegated to the administrative authority. 1996, c. 19, s. 8 (5).
In addition, the administrative agreement between the OBOA and the Minister
should provide for a conduct performance, governance, accountability or financial
reviews of the board/administrative authority upon the terms negotiated in the
agreement.
8.6 TRANSITION
The OBOA proposes that the legislation establishing the OBOA as the delegated
administrative authority shall set out certain transition provisions relating to the
status of current members; the necessary repeal of current legislation; and the date
the new legislation shall be in force.
The OBOA submits that the following principles ought to be established for the
purposes of transition from the current statutory regime to the delegated
administrative authority model:
1. A person who is currently a qualified member of the Ontario Building Officials
Association on the day this Act comes into force is deemed to be continue to be a
member of the Association and subject to any OBOA certification and qualification
requirements may continue to practice as a professional building official.
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2. The Ontario Building Officials Act, 1992, Bill Pr40, will be repealed upon the new
OBOA legislation coming into force.
3. The new legislation will be in force upon the date of proclamation by the
Lieutenant Governor in Council. However, the proclamation date will not be any
earlier than a period of three years following the date the legislation received Royal
Assent. The OBOA submits that the applicable regulations and administrative
agreement referred to throughout this report should also be completed at the time of
Royal Assent.
4. Division C, Sections 3 be amended with regard to the qualifications of Chief
the following
Building Officials, Supervisors/Managers, Inspectors and
wording pertaining to persons appointed pursuant to the BCA, and where those
persons perform the work of a professional building official;
Lieutenant Governor in Council, by regulation, has designated
one or more administrative authorities for the purpose of administering the
BCA and the OBC, the person shall remain a member in good standing
with the designated administrative authority.
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9.0 CONCLUSIONS
The OBOA and its members appreciate this opportunity to outline their position on
the implementation of the self-management model of regulation for the building
official profession. The Association regards it as a unique opportunity to work
collaboratively with the MMAH to establish a modern regulatory scheme which:
recognizes the maturity of the OBOA; enhances the opportunities for increased
professionalism among building officials; responds to the challenges of an
increasingly complex and changing building environment; respects the interests,
mandate and responsibilities of municipalities; and places the public interest at the
forefront of decisions and interpretation of the Building Code Act, the Building Code
and other relevant legislative authority.
The Association believes that the movement towards self-management represents
a natural evolution from a professional body operating under with right-to-title
legislation to a regulatory body enjoying right-to-practice rights and authority. At this
moment in its 51-year history, the Association is ready, willing and able to fill the
void recognized by the Divisional Court in its decision in Association of Professional
Engineers et al. v. Her Majesty the Queen in Right of Ontario et al. when it held that
that regard, the MOU has presented the OBOA, the MMAH, the Hon. Jim Watson,
Minister of Municipal Affairs and Housing, and stakeholders with an opportunity to
work cooperatively to close the regulatory gap identified by the Court.
-management is based on several core principles
which has guided it throughout the MOU process. They are:
1. the need for standardization, that is, the need to establish, implement and
professional duties
2. the establishment of competence as the basis for obtaining and maintaining
certification as a building official
3. a mandatory experience requirement as a component in the development of
competent and knowledgeable building officials
4. a rigorous program to assess complaints from the public and other stakeholders
relating to the activities of all OBOA members
5. an informal dispute resolution process to hear matters that are primarily practicebased in nature
6. a dispute resolution process involving professional engineers, architects and
building officials to resolve jurisdictional issues
7. a governance structure that promotes efficient and effective management of the
property, business and affairs of the Association and that is responsive to the
needs of the building official profession and the public it serves
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8. a recognition of the municipal context in which the building official profession
operates, and more particularly, the authority of municipal employers large
and small, rural and urban - to manage their workplaces; a recognition of the
ethics and municipal codes of conduct, and
9. the establishment and maintenance of the building official profession based on
specialized intellectual abilities and knowledge; a relationship based on trust
and confidentiality; a code of ethics to ensure appropriate conduct/competence
as the basis for certification and maintenance of membership; and service in the
interest of the public.
Lastly, in presenting this report, the OBOA wishes to acknowledge the guidance,
patience, assistance and thoughtful and critical analysis of our proposal provided by
MMAH staff, OBOA members and stakeholders. We look forward to continued
cooperation and dialogue in the interests of pursuing the objectives outlined in this
report pursuant to the direction established by the MOU.
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APPENDIX A
Self-Management MOU
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APPENDIX B
Internship MOU
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APPENDIX C
Court Judgment Analysis
The Case Law
Given the scope of the assignment and the needs of the client, this memo will merely briefly
summarize the case law discovered on the issue of municipal liability due to the negligence
of building officials and inspectors responsible for compliance with building code
requirements and highlight the damages awarded. The cases follow in chronological
descending order with the most recent case being summarized first.
Grey Condominium Corp. No. 27 v. Blue Mountain Resorts Ltd., [2007] O.J. No. 715
(S.C.J.)
In this case, a condominium corporation discovered that there were serious building code
deficiencies in an ongoing project with respect to fire safety and thus wanted to recover its
remedial costs. The court found that the town was negligent in its review of the building
$267,500, plus interest, less $50,000.
Reid Development Inc. v. Toronto (City), [2006] O.J. No. 1304 (Sm. Clms Crt.)
In this case, contractors were hired to demolish a building and to build a new single family
home. During construction of the new home, a disagreement arose with respect to whether
the plans for the home provided for the requisite air barrier between interior and exterior
walls. The inspector ordered bricklaying work to cease which resulted in the contractor
having to dismantle scaffolding around the structure due to an expected overnight storm.
After the dismantling occurred, the contractors were approved. The contractor sued the city
for the cost of removal and reinstallation of the scaffolding. The city was held liable in the
on constituted negligence. The damages
amounted to nearly $5,000.
Heinicke v. Cooper Rankin Ltd., [2006] M.J. No. 446 (Q.B.)
In this case, a homeowner sued the city and architects for the costs of replacing untreated
pine shakes on the roof of the plaint
that the pine shakes were wholly unsuitable and that the installation of the shakes was the
result of the failure of the city to inspect the roof. During the trial, the city admitted that it
only conducted spot inspections of the property. The court agreed that the failure to inspect
the roof constituted a prima facie
carry out the
inspection.
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Foley v. Shamess, [2005] O.J. No. 6089 (S.C.J.)
In this case, property owners sued the Town of Parry Sound for nuisance and negligence on
account of their loss of a portion of their building. The owners contended that an adjacent
building should either have been repaired or demolished years before it was eventually
demolished, but that there was delay because the town had failed to enforce their property
standards by-law. The first notice of violation to the adjacent owners had been delivered in
November 1994, but a final order declaring the building unsafe was not made until
November 1997, and demolition did not occur until 2001. The court concluded that the
-law coupled with an ongoing deterioration of the building at
issue, contributed to the damages sustained by the property owners. The town was held 40%
responsibility for the damages sustained.
Flynn v. Halifax (Regional Municipality), [2005] N.S.J. No. 175 (C.A.)
In this case, homeowners sued a contractor and municipality for negligent inspection of their
home. The homeowners had hired the contractor to build an environmentally safe home.
However the walls of the house were not built in accordance with the height requirements of
the National Building Code, and the roof was not built in accordance with the building
plans. The municipality conducted five building inspections and issued an occupancy permit
notwithstanding known outstanding deficiencies. At trial, the municipality and building
inspector were held jointly and severally liable with the contractor for a defective wall. The
contribution between the municipality and the contractor was 50% each. The total damage
attributed to the municipality was in excess of $13,000.
Riverside Developments Bobcaygeon Ltd. v. Bobcaygeon (Village), [2004] O.J. No. 151
(S.C.), varied [2005] O.J. No. 3326 (C.A.)
In this case, Riverside undertook a construction project for which plans that were not
approved by an engineer were used. Riverside convinced the Village that the plans complied
with the Building Code and thus the plans were approved. However the structure built
required major remedial work because of certain flaws. Riverside sued on the grounds that
the Village and its building official failed to exercise their responsibility correctly when
approving the plans. The Village conceded that its building official was negligent, but
disputed damages.
The court ruled in favour of Riverside. It found that the building official had not done his
job properly and that it was reasonable for Riverside to conclude that it had good plans. It
was also reasonably foreseeable that when the official negligently gave approval for a
project to proceed and the project collapsed several years later, the losses would flow back
to the approval. Losses included lost income for the project, lost equity in the property,
excess cost and mortgage indebtedness. Guarantors under the mortgage were also awarded
damages.
This judgment was varied on appeal with respect to the amount of damages awarded at trial
and the right of the Village to set-off certain amounts.
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Wood v. Hungerford (Township), [2004] O.J. No. 4472 (S.C.J.), varied [2006] O.J. No.
2012 (C.A.)
In this case, a new homeowner discovered shortly after moving in to the house that there
were significant problems with the home. There was a marked slope in the kitchen and
bedroom floors on the upstairs level and subsequent renovations revealed that the concrete
block basement foundation walls were cracked and were being pushed inward by the soil on
the exterior side. Ultimately the front foundation wall failed and the house was declared
uninhabitable. The homeowner sued, among other defendants, the Township of Hungerford.
Evidence revealed that the township had issued a building permit for the house, but that the
building inspector involved had had little experience in house construction. He had had no
training in the requirements of the Ontario Building Code. The court concluded that the
township was liable in this case because it did not have in place a building inspection
program that allowed for the proper oversight of the construction standards required by the
Ontario Building Code and that no proper inspection of the house was ever carried out to
ensure compliance with the required standards. The footings of the house were not
constructed below the frost line and the footings were not supported on soil of adequate
bearing. The court held the township jointly and severally liable with a real estate agent, and
apportioned liability between them at 50% each. The total damage awarded was, after
variation on appeal, slightly less than $100,000. Included in this award was an amount for
mental distress.
Strata Plan NW 3341 v. Canlan Ice Sports Corp. [2001] B.C.J. No. 1723
In this action, a strata corporation brought an action against a developer and contractor, a
structural engineer, a building design company and a municipality for the negligent approval
of a building permit, negligent inspection of construction, and negligent issue of the
occupancy permit. The evidence revealed that building plans approved by the city were not
drawn by an architect and that during the construction the municipality conducted
y process to ensure
compliance with most of Part 5 of the Building Code, which prescribed design objectives
related to wind, water and vapour protection for buildings. Within one year of completion,
numerous owners complained about water ponding on the balconies of their units and water
department not to inspect in relation to Part 5 of the Building Code and not to require a
certificate of compliance from an architect or professional engineer was unreasonable and
was a causative factor in the damages to the strata corporation. The city was held jointly and
assessed at 20%.
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Cumiford v. Powell River (District), [2001] B.C.J. No. 1349 (S.C.)
In this case, a homeowner sued, among other defendants, the city in relation to a house that
had significant defects. The facts revealed that the house was originally built with a permit,
but that during construction there had been no inspections by the inspector who issued the
permit. A second inspector did inspect the house during a period when the original inspector
was ill and raised significant concerns about poor workmanship and building code
violations. The original inspector said he would deal with the problems, but he never did. A
final inspection was carried out and an occupancy permit was issued. The builder of the
home subsequently built an illegal rear addition, changed the roofline and added an upstairs
suite, all without permits. The homeowner discovered numerous defects after moving in,
including wavy floors on the main level caused by the absence of a concrete slab which
ordinarily was required by the building code. Furthermore, the hallway floor was spongy
and there were signs of moisture in the upstairs loft bedroom. The homeowner contended
that the city was liable because it permitted the home to be built. The court ruled in favour
of the homeowner and awarded damage in the amount of $40,000.
Ingles v. Tutaluk Constructions Ltd., [2000] 1 S.C.R. 298
In this case, a homeowner hired a contractor to renovate his basement. The project required
the installation of underpinnings under the existing foundation to prevent the walls from
cracking and the home from collapsing. A building permit was required for the work, but it
commenced without the permit being issued. When the permit was issued and an inspection
was held, the underpinning work had already been completed and concealed. The inspector
was unable to examine the underpinnings due to rainy conditions on the date of inspection
constructed. None of the information provided to the inspector, other than information
related to the concrete (an examination took place), was independently verified by him.
Shortly after completion of the work, the home experienced flooding. It was discovered that
the underpinnings were inadequate and that they failed to meet the standard prescribed by
the Ontario Building Code Act. In an action brought against the contractor and the city, the
Supreme Court of Canada upheld the decision of the trial judge, who found that the
contractor and city were jointly and severally liable for $49,368.80 in damages to the
indemnification from the contract in an amount slightly more than $42,000.
Carson v. Gloucester (City), [2000] O.J. No. 3863 (S.C.)
In this case, the homeowner built a home in the rural area of Gloucester. The city approved
the plans and inspected the home. The home was elevated to avoid the chance of water runoff flooding the basement and a sump pump was also located in the basement. 10 years later,
a thaw and heavy rain created a high level of water in the area. The homeowner called the
city and a city operations supervisor visited the home. It was discovered that a ditch was
clogged and that it needed to be cleaned. However the ditch was not cleaned out in a proper
Page 92 of 103
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flooded and he sued the city. The court held the city 100% liable for the ensuing damages. It
was found that city should have arranged for the proper inspection of the work. The agreed
damages were $19,000.
Beeze v. Edmonton (City), [1996] A.J. No. 754 (Q.B.)
In this case, a property owner sued the city for damages that allegedly occurred as a result of
negligence in the planning process involving the development of neighbouring land. During
the process the property owner had approved certain plans. However these plans were
rejected. Revised plans were later approved which were unlike the plans prepared by the
first architect. The property owner complained that city employees failed to take care,
knowing that a person would be thereby affected. The plans became the basis for the
building permit approvals and construction. During the construction the builder was
required to trespass on the neighbouring lands. The trespasses caused significant damage to
the suing property owner. The court found that negligence against the city was made out. A
ard
and set in motion a train of events that denied the property owner his rights.
Dha v. Ozdoba, [1990] B.C.J. No. 768 (S.C.)
In this case, homeowners commenced an action against various defendants, including the
municipality, for defects in their home that rendered it almost worthless. The homeowners
had hired a designer, who in turn hired an engineer to draw the foundation plans for the
building inspector, a professional engineer, issued a building permit, but he did not examine
the plans to determine whether they complied with the Building Code. Shortly after moving
in, the homeowners noticed cracks in the walls and later in the masonry. The problems were
caused from an inadequate foundation design. In the circumstances, the city was held 1/3
liable for the damages caused. It found that although the building inspector was negligent,
total
amount of damage awarded in the case was over $230,000.
Rothfield v. Manolakos, [1989] 2 S.C.R. 1259
In this case, the homeowners hired contractors to build a retaining wall in their backyard. An
application was made for a building permit and the permit was issued notwithstanding that
the plans had not been certified by an engineer. The wall was built and an inspection took
place. However a standard inspection could not be performed because of the advanced stage
of construction of the wall. A large crack eventually opened in the wall and the city advised
that backfilling be halted until the wall could be monitored for movement. 20 days later the
contractor completed the backfilling. A few months later the wall collapsed. In the
circumstances, the cit
collapse. The total damages amounted to slightly more than $15,000.
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March 17, 2009
Faucher v. Friesen, [1985] B.C.J. No. 640 (S.C.)
In this case, buyers of a house shortly after moving in discovered that there were serious
defects in the structural, heating and plumbing systems. Evidence revealed that plans for the
plans were changed to the knowledge and approval of the inspector. After completion, the
inspector found deficiencies in the plumbing system and insulation and slope of the land and
ordered that they be corrected. However the builder moved into the home without making
the necessary corrections. The building inspector never returned for a final inspection. In the
circumstances, the building inspector was found negligent in failing to carry out his duties of
inspection and permitting occupation. The total damage awarded was slightly more than
$28,000.
Kamloops (City) v. Nielsen, [1984] 2 S.C.R. 2
In this case, a contractor submitted plans to build a house for his parents. The plans were
approved and a building permit was issued, subject to the requirements that the footings
were to be taken down to solid bearing. However the contractor did not comply with the
condition. The footings were set into loose fill. An inspector noted that the foundations were
not in accordance with the plans. Furthermore the inspector was unable to determine if the
foundations would provide adequate support to the building because concrete had already
been poured around them. A stop work order was issued, but then lifted after new
engineering plans were submitted. The work did not proceed in accordance with the new
plans. Another stop work order was made. Despite the stop work order the contractor was
able to sell the house to his parents, who in turn sold it to a new homeowner. When the
foundation subsided, the new homeowner commenced a lawsuit. In the circumstances, the
city was held liable for its breach of duty. The damages in the case exceeded $45,000 for
which the city was responsible for 25%.
Northrup, Graham and Graham Realty Ltd. v. Fredericton (City), [1979] N.B.J. No. 233
(Q.B.)
In this case, shareholders of the plaintiff sued the city for negligent misrepresentation in
relation to the cancellation of a building permit previously granted with respect to the
construction of an apartment building. Construction on the apartment building had actually
begun prior to the building permit being first issued. Construction continued for a month
until it was brought to the attention of the city through complaints by neighbouring property
owners that a portion of the lot on which construction was taking place was zoned in a
manner that did not permit construction of an apartment building. An application to change
the zoning was dismissed and thus the building could not be erected. The court found the
city liable and awarded damages slightly in excess of $27,000.
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APPENDIX D
PEO Communication on Objective Based Codes
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APPENDIX E
OAA/PEO Joint Communication on Design
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APPENDIX F Ontario Regulation 579/05 - REBBA
Re: Authority of the OBOA to Administer Examinations and Training (see Part
Real Estate and Business Brokers Act, 2002
ONTARIO REGULATION 579/05
EDUCATIONAL REQUIREMENTS, INSURANCE, RECORDS AND OTHER
MATTERS
EDUCATIONAL REQUIREMENTS FOR REGISTRATION
Initial educational requirements for salespersons
1. (1) If an applicant for registration as a salesperson has not previously been
registered as a salesperson, the applicant shall, before making the application, successfully
complete all the educational courses that are designated by the registrar for applicants of that
type. O. Reg. 579/05, s. 1 (1).
(2) Despite subsection (1), if an applicant for registration referred to in that
subsection has complied with that subsection but does not make the application within 12
months after the last educational course was successfully completed, the applicant shall,
before making the application, repeat and again successfully complete all the educational
courses referred to in that subsection. O. Reg. 579/05, s. 1 (2).
(3) Subsection (2) applies, with necessary modifications, to an applicant for
registration referred to in subsection (1) who, in accordance with subsection (2), repeats and
again successfully completes all the educational courses referred to in subsection (1).
O. Reg. 579/05, s. 1 (3).
Articling requirements for salespersons
2. (1) An applicant for renewal of registration as a salesperson shall, before making
the application, successfully complete all the educational courses that are designated by the
registrar for applicants of that type. O. Reg. 579/05, s. 2 (1).
(2) Subsection (1) also applies to an applicant for registration as a salesperson who
has previously been registered as a salesperson. O. Reg. 579/05, s. 2 (2).
(3) Subsections (1) and (2) do not apply to the following applicants:
1. An applicant who successfully completed all the educational courses referred to in
subsection (1) before making a previous application for registration or renewal
of registration as a salesperson, if the previous application was approved.
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March 17, 2009
2. An applicant for registration as a salesperson who has previously been registered
as a salesperson but ceased to be registered before the registration expired and
as a salesperson would have expired.
3. An applicant to whom subsection 6 (1) applies. O. Reg. 579/05, s. 2 (3).
(4) Despite subsection 10 (1), if, pursuant to paragraph 2 of subsection (3), subsection
(2) does not apply to an applicant for registration as a salesperson and the application is
have expired if he or she had not ceased to be registered. O. Reg. 579/05, s. 2 (4).
Initial educational requirements for brokers
3. If an applicant for registration as a broker has not previously been registered as a
broker, the applicant shall, before making the application, successfully complete all the
educational courses that are designated by the registrar for applicants of that type. O. Reg.
579/05, s. 3.
Continuing education for salespersons
4. (1) If section 1 and subsections 2 (1) and (2) do not apply to an applicant for
registration or renewal of registration as a salesperson, the applicant shall, before making the
application, successfully complete the number of courses that the registrar specifies from
among the educational courses that the registrar designates for salespersons. O. Reg. 579/05,
s. 4 (1).
(2) Subsection (1) does not apply to an applicant described in paragraph 2 of
subsection 2 (3). O. Reg. 579/05, s. 4 (2).
Continuing education for brokers
5. If an applicant for registration or renewal of registration as a broker has previously
been registered as a broker, the applicant shall, before making the application, successfully
complete the number of courses that the registrar specifies from among the educational
courses that the registrar designates for brokers. O. Reg. 579/05, s. 5.
24-month break in registration
6. (1) If an applicant for registration as a salesperson has previously been registered
as a salesperson but has not been registered as a salesperson at any time in the 24 months
immediately preceding the date of the application,
(a) section 4 does not apply; and
(b) the applicant shall, before making the application, successfully complete the
educational courses that the registrar designates for the applicant. O. Reg.
579/05, s. 6 (1).
(2) If an applicant for registration as a broker has previously been registered as a
broker but has not been registered as a broker at any time in the 24 months immediately
preceding the date of the application,
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(a) section 5 does not apply; and
(b) the applicant shall, before making the application, successfully complete the
educational courses that the registrar designates for the applicant. O. Reg.
579/05, s. 6 (2).
Applicants from other jurisdictions
7. (1) If an applicant for registration as a salesperson was registered in another
jurisdiction as a person with equivalent status to a real estate or business broker or
salesperson in Ontario or had equivalent status in that jurisdiction to a real estate or business
broker or salesperson in Ontario, the registrar may exempt the applicant from section 1 or
subsection 2 (1) or (2) and require the applicant, before making the application, to
successfully complete the educational courses that the registrar designates for the applicant.
O. Reg. 579/05, s. 7 (1).
(2) If an applicant for registration as a broker was registered in another jurisdiction as
a person with equivalent status to a real estate or business broker in Ontario or had
equivalent status in that jurisdiction to a real estate or business broker Ontario, the registrar
may exempt the applicant from section 3 and require the applicant, before making the
application, to successfully complete the educational courses that the registrar designates for
the applicant. O. Reg. 579/05, s. 7 (2).
Designation of organization
8. (1) The registrar shall designate one or more organizations that are authorized to
provide the educational courses referred to in sections 1 to 7. O. Reg. 579/05, s. 8 (1).
(2) The registrar may cancel or amend a designation of an organization. O. Reg.
579/05, s. 8 (2).
Requirements to be made available
9. The registrar shall make available to the public a description of the requirements
established by sections 1 to 5, including the educational courses referred to in those sections
and the organizations that are authorized to provide those courses. O. Reg. 579/05, s. 9.
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APPENDIX G
Communication from Jeff Leal, MPP Peterborough
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March 17, 2009
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4.5
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 4.5
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Date:
April 14, 2009
Subject:
Canadian Architectural Certification Board (CACB) and Accreditation of
Ryerson University
Objective:
To consider approval of the following items as requested by the National CACB Task Force:
a)
the draft Candidacy for Accreditation Process Diagram;
b)
there be provision for automatic certification of those individuals who graduated up to
two years prior to initial accreditation of a new Canadian program in architecture,
should accreditation be achieved;
c)
the CACB be instructed to finalize the required amendments to the Conditions and
Procedures for Accreditation, for the review and approval by the provincial/territorial
associations; and
d)
the CACB be authorized to communicate the intended process for candidacy and
initial certification, as well as provision for automatic certification of prior graduates, to
Ryerson at this time.
Background:
1. As a quick reminder the National CACB Task Group has been mandated by the Canadian
Architectural Licensing Authorities (CALA) to address matters relative to development and
approval of policies as they relate to the mandate of the CACB and to be the conduit between
the CACB and also the Canadian Council of University Schools of Architecture (CCUSA).
Recall that CALA and CCUSA are the founding members of the CACB.
…/2
2
2. You will note from the attached materials that there is a need to formalize the
process/procedures and policies around accreditation of a NEW school of architecture given
that all existing schools were accredited prior to the existence of the CACB. As you are aware
Ryerson University has been seeking accreditation of their Masters in Architecture Program for
quite some time (it is a very lengthy process) and have now achieved candidacy status. As
noted this will be the first new school to come on stream under the CACB. The OAA has
supported Ryerson over the years in its pursuit to become an accredited school of architecture.
There are likely to be two other schools coming forward for consideration in the new few years
as well.
3. I would suggest that the attached memorandum from the Chair of the National CACB Task
Force and accompanying materials are self explanatory. Of particular note and urgency
however is the proposed policy which would grant certification of a Ryerson graduates’ degree
where that degree has been granted up to 2 years prior to the accreditation being formally
granted to the School. The significance of the 2 years is that once two graduating classes have
passed through the program, according to the proposed process, a visiting accreditation team
from CACB will have a body of work they can assess and evaluate. Then, if accreditation is
granted, then CACB will be able to give those pioneering students certification retroactively.
4 It should be noted that the materials presented for consideration have been reviewed by the
members of the National Task Group as well as CCUSA. Both groups are recommending
approval of the items listed above under ‘objective’.
Action:
Council to consider approval of the following:
a)
the draft Candidacy for Accreditation Process Diagram;
b)
there be provision for automatic certification of those individuals who graduated up to
two years prior to initial accreditation of a new Canadian program in architecture,
should accreditation be achieved;
c)
the CACB be instructed to finalize the required amendments to the Conditions and
Procedures for Accreditation, for the review and approval by the provincial/territorial
associations; and
d)
the CACB be authorized to communicate the intended process for candidacy and
initial certification, as well as provision for automatic certification of prior graduates, to
Ryerson at this time.
Page 1 of 1
Tina Carfa
Subject:
CACB and Ryerson Accreditation
Attachments: CACB-CCCA Candidacy for Accreditation Process(Eng) (2).pdf
From: Dave Edwards [mailto:dedwards.mews@sasktel.net]
Sent: April 5, 2009 9:56 AM
To: Deleigh Rausch; Diane Scott; Dorothy Barkley; Karen Chantler; Lynda Hayward; Ole Hammarlund; John Parry
Cc: Jean Pierre Dumont; John Ennis; Judy Pestrak; Kristi Doyle
Subject: CACB and Ryerson Accreditation
To all Provincial/Territorial Presidents and Councils, As you are all aware, Ryerson is in the process of being accredited by the CACB. This is the first university program to be accredited by the CACB as all the others were accredited prior to the CACB. Your Task Force on the CACB has been working with CCUSA and CACB to establish a process that Ryerson can follow. The American organization NAB has accredited schools in the past and their processes was used in part as a basis for the CACB protocol. There are a number of other schools that are considering starting an architectural program and would need to follow the established process. Please find attached the draft process for your consideration and comment. There is one important issue regarding the students who graduate from Ryerson over the next few years and the CACB are requesting that the students who graduate up to two years prior to Ryerson getting accredited would be retroactively certified by the CACB. The CACB needs to see the standards of graduating students as part of the accreditation process and it would be unfair for them not to be certified. While this document is in a preliminary stage and will be completed in the near future as further explanation of some stages are required. CCUSA are also in the process of reviewing this document and a preliminary indication from Rick Haldenby is that the CCUSA will approve the document. Therefore your Task Force recommends that the Provincial/Territorial Associations approve the following steps in the process:‐ a) the draft Candidacy for Accreditation Process Diagram be approved; b) there be provision for automatic certification of those individuals who graduated up to two years prior to initial accreditation of a new Canadian program in architecture, should accreditation be achieved; c) the CACB be instructed to finalize the required amendments to the Conditions and Procedures for Accreditation, for the review and approval by the provincial/territorial associations; and d) the CACB be authorized to communicate the intended process for candidacy and initial certification, as well as provision for automatic certification of prior graduates, to Ryerson at this time. As there is some urgency to inform Ryerson and the students of the process your Task Force requests that these recommendations be considered at the first available council meeting, and a response be forwarded to the Task Force by May 15th 2009 Dave Edwards Chair National Task Force on CACB Dave Edwards SAA, AAA, MAA, FRAIC de Lint + Edwards Architects (306) 359‐3077 15/04/2009
Ottawa, March 6, 2009
Canadian Architectural LicensingAuthorities
Canadian Council of University Schools of Architecture
RE: CACB CCCA CANDIDACYFORACCREDITATION
Dear CACB CCCA Members,
As you know, we are currently planning a review of the CACB CCCA Conditions and
Procedures for Accreditation (C+P s). Because of emerging new programmes seeking
candidacy for the first time, there is some urgency to confirm our process for Candidacy
towards Accreditation.
You will find enclosed the proposed CACB CCCA Candidacy for Accreditation Process
Diagram. This diagram is based on the Draft 2009 NAAB Procedures for accreditation as
modified to the CACB CCCA existingcandidacy process and certain proposed revisions.
The most relevant newprovisions are as follows:
Determination of Eligibility
Plan for achievinginitial accreditation
Termof initial Accreditation (3 year only)
Eligibility for Certification for graduates (2 year prior to initial accreditation)
We are circulating this with the intention of validating these new provisions leading to the
revisions of the C+P s and to provide clear direction to Ryerson School of Architecture
regardingthe status of their 2009 cohort of graduates.
We would appreciate your comments by the end of April 2009. For further information
please do not hesitate to contact us.
Sincerely,
Gordon Richards, MAIBC, MRAIC
President CACB CCCA
CC: CACB CCCA Board of Directors
Encl: CACB CCCA Candidacy for Accreditation Process Diagram(2 pages)
Extract from2005 C+P s(P. 47 48)
CACB CCCA
3/2/2009
CACB-CCCA CANDIDACY FOR ACCREDITATION
(Source: draft 2009 NAAB Procedures for accreditation)
Candidacy
Application
A written announcement fromthe institution s chief academic officer of the intention to
seek accreditation for a professional degree programme in architecture. The letter
should include the specific degree name (e.g., B. Arch., M. Arch).
A statement verifyingthe institution's accreditation by a recognized agency.
The Plan for Achieving Initial Accreditation
Determination of Eligibility.
A reviewpanel consistingof the CACB CCCA executive director, president, and one additional
member of the Board of Directors will reviewthe application and determine whether to accept the
application in full;accept the application provisionally; or reject the application and request a new
application.
Eligibility Visit.
Determination
of Eligibility
1. To reviewthe Conditions and Procedures with the proposed programme s administrators,
faculty, staff, and students.
2. To confirmthe institutional commitment to the implementation of the Plan for Achieving Initial
Accreditation;and
3. To reviewthe physical, financial, human, and information resources committed to the
programme.
Plan for Achieving Initial Accreditation.
ThePlan for Achieving Initial Accreditation serves multiple purposes:
Initial
Candidacy
1. It is an analysis of the current status of the programme that identifies long termobjectives for
establishingand implementingthe newdegree programme.
2. It is an analysis of the extent to which the newprogramme already complies with the Conditions
for Accreditation with special emphasis on programme identity, resources, and the curricular
framework.
3. It proposes a course of action for achievinginitial accreditation in not more than sixyears. This
includes, but is not limited to, the following:
a. Securingresources not already available to the programme (e.g., faculty, space, financial
support).
b. Securinginstitutional approvals for the newdegree programme (if required).
c. Recruitingand retainingstudents.
d. Proposed date for enrollingthe first student cohort;projected date for awardingdegreesto
the first student cohort to complete the programme.
e. Developingand implementingnewcourses and/or curricular sequences.
Architecture Programme Report Submitted for Initial Candidacy Visit
Candidacy Visiting Team
Candidacy Site Visit
Candidacy-Visiting Team Report
1
CACB-CCCA CANDIDACY FOR ACCREDITATION
(Source: draft 2009 NAAB Procedures for accreditation)
Candidacy
Status
Once candidacy status is granted, the programme must maintain it through
subsequent biennial site visits that are initiated by submittingan APR.
6 years
Architecture Programme Report Submitted for subsequent Candidacy
Subsequent Candidacy Visiting Team
Subsequent Candidacy Site Visit
Subsequent Candidacy-Visiting Team Report
Eligibility for Initial Accreditation
Initial Accreditation
3 years
i. Completed no less than 2 years in continuous candidacy.
ii. One graduatingclass that has completed the professional degree
programme for which accreditation is sought. This cohort must have
graduated not more than two years prior to the year in which the initial
accreditation is granted (e.g., for visits in 2011, the first cohort must have
graduated in 2009 or 2010).
Official Request for Initial Accreditation.
a
the programme must formally request the CACB CCCA to
schedule a visit for initial accreditation.
b the request must include the following:
i. A written request fromthe chief academic officer of the
institution to schedule a visit for initial accreditation of the
professional degree programme in architecture.
ii. A copy of the most recent decision letter fromthe CACB CCCA.
iii. A statement verifyingthe institution's accreditation by a
recognized agency.
iv. An assessment of the progress against the Plan for Achieving
Initial Accreditation with specific attention to providing
evidence that the plan will be fully implemented by the time of
the site visit for initial accreditation.
Once the application has been reviewed for completeness, the programme
will be added to the annual visit schedule for the next academic year. Visits
for initial accreditation are similar to those for continuingaccreditation.
The first step is the preparation of an Architecture Programme Report
(APR)and preparation for a visitingteam.
Note:To be eligible for CACB CCCA Certification, students must have
graduated fromthe programme not more than 2 years prior to initial
accreditation.
2
2005 CACB Conditions and Procedures
For Accreditation
With preliminary revisions
(blue highlighted text)
2009 -Draft Conditions and Procedures for Accreditation
5.2
Programmes seeking initial accreditation must first be granted
candidacy status by the CACB. Institutions intending to establish a
professional degree programme are encouraged to seek guidance from
educational and professional consultants, advisory groups, and the
CCUSA. Visiting teams of experienced educators can be arranged
through the CCUSA to assist in the development, documentation, and
review required by a candidacy application. (See Candidacy for
Accreditation Process Diagram)
a)
Candidacy Procedures
To achieve candidacy status, a candidacy application must be
submitted to the CACB, including:
- Candidacy Application A written notice of the intention to
seek accreditation for a professional degree programme in
architecture from the institution's chief academic officer,
- Determination of Eligibility;
Eligibility
Visit,
and
Plan
Accreditation)
for
Achieving
Initial
- Initial Candidacy
An APR with an additional section documenting the extent of
the programme's current compliance with each of the CACB
Conditions and describing the institutionally-approved plans
for removing any deficiencies.
When the application is complete, the CACB authorizes a site
visit by a three-person candidacy visiting team.
The team,
which consists of an educator, a practitioner, and the CACB
executive director, prepares a VTR. The CACB reviews the APR,
the VTR, the viability of the programme's plans for complying
with the CACB Conditions, and additional relevant information.
If the CACB considers that the programme will be able to
implement its development plans and achieve accreditation within
no more than six years, candidacy status is granted.
- Candidacy Status
Once granted, the programme must maintain candidacy status
through subsequent biennial site visits that are initiated by
submitting an APR. The programme pays for all direct expenses
for these visits. The maximum period of candidacy is six years.
Should a programme fail to achieve initial accreditation within
this period, it must submit a new candidacy application.
47
2009 -Draft Conditions and Procedures for Accreditation
b)
The Initial Site Visit Initial Accreditation
The requirements for an initial site visit include
- The completion of a minimum of two years with continuous
candidacy status,
- One
graduating
class
that
has
completed
the
entire
professional degree programme for which accreditation is
sought, and
- Evidence that the plan for complying with the CACB Conditions
will be achieved by the initial site visit,
- Where professional degree
programme(s) in architecture
already exist(s), the attainment of a five-year term for the
existing programme(s).
- When the programme has met these requirements, it may
initiate
the
accreditation
sequence
described
at
the
beginning of the chapter.
c)
The Initial Visiting Team
The visiting team always includes four members representing the
CCUSA (2 experienced architectural educators) and CCAC CALA (2
practising architects, one of whom would be from the province in
which the school is located). Normal Accreditation team.
d)
Terms of Initial Accreditation
Programmes seeking initial accreditation may receive one of two
terms of accreditation the following term:
-
Initial Six-year Term:
indicates that all programme
components and resources are in place and operating at the
same satisfactory level as programmes receiving this term in
the continuing accreditation category.
The programme is
accredited for a six-year period.
-
Initial Three-year Term: indicates that all major programme
components and resources are in place. Some additional
programme development may be necessary and/or deficiencies
corrected.
The programme is accredited for a three-year
period under the same terms as programmes receiving this term
in the continuing accreditation category.
-
To be eligible for CACB-CCCA Certification, students must
have graduated from the programme not more than 2 years prior
to initial accreditation.
-
48
Failure to achieve Initial Accreditation
application for Candidacy Status.
requires
re-
4.6
DEPARTMENT OF ARCHITECTURAL SCIENCE
FACULTY OF ENGINEERING, ARCHITECTURE AND SCIENCE
Paul Hastings, OAA
OAA Councillor
FOR COUNCIL MEETING
May 6, 2009
(open)
Additional Item: 4.5
May 4, 2009
Dear Paul Hastings and the OAA Board,
The Department of Architectural Science would like to request that graduates of our Master of Architecture
program, and any other future CACB Candidate programs, be granted a provisional status to be able to
record their experience for professional internship, pending the granting of full accreditation to the program
by the CACB.
Background
This request is not seeking special status for Ryerson. Rather, we are seeking clarification regarding the
process for bringing new accredited programs in architecture online. Please note that although Ryerson is
the first wholly new Ontario program seeking accreditation since accreditation began in Canada, it is
anticipated that there will be more new programs in the coming years. Our experience at Ryerson has
shown us that the lack of clarity around the process has been a serious impediment to starting new
programs, and a very serious source of stress for our students.
Due to the structure of the CACB accreditation process, which evaluates, among other things, the work of
graduated students, each new program will have students who graduate prior to the granting of
accreditation. The status of these students is currently unclear. Although the CACB’s American equivalent,
NAAB, has language in its Conditions and Procedures for Accreditation to deal with this situation, allowing
graduates up to two years prior to initial accreditation to become licensed architects, the CACB does not.
Although this is not a Ryerson-specific issue, we at Ryerson have been seeking clarification of this status
question since early 2005.
We expect our first class of students to graduate this fall, and anticipate seeking full accreditation in 2010 or
2011.
In March of this year, we received a letter from the CACB stating that they have “ drafted a procedures
sequence that includes provision for certification of a class that graduates not more than 2 years before
accreditation is granted.” The CACB is currently seeking ratification from the CALA and CCUSA, plus
approval by its own board, in order to implement this proposal. If approved, this will clarify the situation for
our graduates and those of future new programs. We have attached the letter from the CACB for your
information.
Meanwhile, our students have raised a second issue, which directly concerns the OAA, rather than the
CACB. Many of our students are older than the norm for graduate students, with many years of experience
in architectural offices. They are anxious to get on with the process of becoming licensed architects. As
such, they are concerned that between the time they graduate and the date accreditation is granted they
may not be allowed to begin recording experience hours.
As a result, we are requesting that the OAA institute a special category of Intern Architect that would allow
graduates of Candidate programs with the CACB to begin recording experience hours.
Thank you very much for your consideration of our request.
Kendra Schank Smith, Ph.D., MRAIC
Department of Architectural Science, Ryerson University
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 4.6
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
From:
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
Pawel Fiett, Chair, Communications Committee
Committee Members:
Lou Ampas
Jane Burgess
Andre Sherman
Date:
May 1, 2009
Subject:
Request for funding to support a fall 2009 Architecture Exhibit at The MacLaren
Art Centre in Barrie, Ontario from September 10 – November 1, 2009.
Objective:
1. For Council to consider lending its support for the initiative of the Barrie area architects in
regard to the Architectural Exhibit at the MacLaren Art Centre titled “Logotopia- The Library
in Architecture, Art and the Imagination”.
2. For Council to consider the amount of the donation to sponsor the Logotopia Exhibit and
programs at the MacLaren Art Centre.
Background:
On behalf of the Architects of the Barrie area, Sean O’Reilly, Councilor – Central Ontario,
requested the OAA Communications Committee’s support for OAA’s sponsorship of $ 2,500.00
for an Architectural Exhibit at the MacLaren Art Centre. The nationally traveling exhibit titled
“Logotopia- The Library in Architecture, Art and the Imagination”, will be in Barrie from
2
September 10 – November 1, 2009. For details, please see the attached memorandum from
Sean O’Reilly to the OAA Communication Committee dated April 29, 2009.
The Communications Committee supports this initiative of the Barrie area architects and
proposes that Council lend its support as well.
Since the budget line, ‘Societies: Special Program Funding’, was set at zero dollars this year,
due to the tight financial situation for 2009, the Communications Committee is proposing that
$1,000 be allocated to this event, and requests Council’s consideration to support this amount
as the donation to sponsor the Logotopia Exhibit and programs at the MacLaren Art Centre. The
initial request from Sean O’Reilly is $2,500.
Action:
1. For Council to consider lending its support for the initiative of the Barrie area architects in
regard to the Architectural Exhibit at the MacLaren Art Centre titled “Logotopia- The Library
in Architecture, Art and the Imagination”.
2. For Council to consider $1,000 as the amount of the donation to sponsor the Logotopia
Exhibit and programs at the MacLaren Art Centre taking place in the fall of 2009.
Logotopia: The Library in Architecture, Art and the Imagination
Organized and circulated by Design at Riverside, Cambridge Galleries
Tour Itinerary:
Design at Riverside, Cambridge Galleries, Cambridge ON, February 19 - April 6,
2008
Mount Saint Vincent University Gallery, Halifax NS, Jan 10 - February 22, 2009
Dunlop Art Gallery, Regina SK, March 20 - May 3, 2009
MacLaren Art Centre, Barrie ON, Sept 10
Nov 1, 2009
University of Alberta, Edmonton AB, April - June, 2010
Grand Salon, Biblioth que nationale de Qu bec, Montreal QC, October 2010 March, 2011
The Rooms, St. John's NL, May - July, 2011
Media coverage to date:
http:/ / www.leaderpost.com/ health/ Photo+gallery+Logotopia/ 1398373/ story.html
http:/ / www.leaderpost.com/ Technology/ show+about+words+special+places/ 1405084/ story.html
http:/ / www.canadianarchitect.com/ issues/ ISArticle.asp id=97475&issue=03172009&ref=rss
http:/ / news.therecord.com/ arts/ article/ 316667
Logotopia: The Library in Arc hitecture, Art and the Imagination
September 10 through November 1, 2009
Curator: Sascha Hastings
Organized and circulated by Cambridge Galleries
Janice Laking Gallery
Opening Reception: Thursday, September 17, 7:00 to 9:00 p.m.
Logotopia (from the Ancient Greek logos, meaning word and topos, meaning place )
presents a range of stunning library projects Canadian and International,
contemporary and historical, real and imaginary. The exhibition explores the library in its
various typologies the Universal Library, the National Library, the Community Library,
and the Private Library, plus a section on Technology and the Future of Libraries. The
exhibition takes visitors to places and times as diverse as ancient Alexandria,
contemporary Montreal, small-town Ontario, war-torn Baghdad and cyberspace.
Architects, writers and artists explore the library as a concept and a built form through
four distinct categories: the Universal Library, the National Library, the Public Library
and the Private Library. This multi-disciplinary exhibition and publication features
original artworks, commissioned essays and stories, contemporary library architecture,
library lore and ephemera, and pop culture icons.
Featured projects include Biblioteca Alexandria in Egypt by Sn hetta Architects, the
Grande Bibliotheque in Montreal by Patkau Architects, the Hespeler Library in
Cambridge by Alar Kongats Architects and Library of a Poet in Japan by Shigeru Ban
Architects as well as the MacLaren Art Centre s transformation from a Carnegie library
building into an award-winning art gallery. In addition, Logotopia presents thematically
related objects of art, literature, new media and pop culture.
The exhibition is accompanied by a 128 page illustrated publication including
contributions by writers and artists as well as architects.
Featured Architects: Hariri Pontarini Architects, Kongats Architects Inc., Patkau
Architects, Shigeru Ban Architects, Shim-Sutcliffe Architects, Sn hetta Architects.
Featured Artists: Adam David Brown, Douglas Coupland, Denis Farley, Guy Laram e,
Michael Lewis. Featured Writers: Lise Bissonnette, Ray Bradbury, Alberto Manguel,
Robert Jan van Pelt, Nora Young.
5.1.a
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.1.a
President's Log
Date
Event
Location
OAA Rep's
Comments
March 6/09
IO presentation to Industry
Toronto
G Doyle
K Doyle
D Craddock
J Farrow
March 10/09
Interview with Casa Guru re residential Architecture
Toronto
G Doyle
March 25/09
Goernor General's Awards in Visual + Media Arts
Ottawa
G Doyle
March 26/09
Meeting with OGCA re CCDC 2 Supp. Conditions
Toronto
March 31/09
OBOA Self Management Industry Consultation
Toronto
April 02/09
Bd. Of Trade Business Lunch - Dalton McGuinty
Toronto
G Doyle
April 20/09
SOC meeting w/ ORC
Toronto
OAA SOC TG ORC now using contracts
April 22/09
Chris bentley B'fast - Attorney General
Toronto
G Doyle
K Doyle
Fund Raiser, spoke w/ AG and w/
PEO new President and 2 Board
mbrs.
April 24/09
OGCA Symposium
Blue Mountain
G Doyle
K Doyle
OAA Received a plaque award for
being a 5 year sponsor
OAA OGCA
TG
G Doyle
K Doyle
April 28 - May 02/09AIA Conference
San Francisco G Doyle
May 05 - 09
OAA Conference
Toronto
June 17 - 21
RAIC /OAQ Festival
Montreal
Everyone
IO Program Roll out to Industry Will
be Con-Ed eligible
Raymond Moriyama received a
'Laureat Award'
45 day time limit to resolve
Refer to memo in Council package
Invited by Graham Murray of Inside
Queens Park
5.1.b
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.1.b
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Fees and Services Task Group
Gerrie Doyle, Chair
Jerry Chlebowski
Peter Gabor
Sean O’Reilly
Date:
April 27, 2009
Subject:
Fees and Services Task Group - Update
Objective:
To provide Council with an update on the activities of the OAA’s Fees & Services Task Group
Background:
1. A meeting of the Fees and Services Task Group was held on April 23, 2009.
The purpose of the meeting was to review the draft Royal Architectural Institute of Canada’s
(RAIC) Fees Guide as well as the comments that had been compiled as a result of a review of
that document by OAA Practice Committee and Practice Advisory staff.
2. Recall that the RAIC had sent the draft document to all Provincial/Territorial Associations for
review and comment. The RAIC’s intention is to have the document finalized and ready for
release at the RAIC Festival in mid-June.
A copy of the draft RAIC Fee Guide was sent to OAA Council for review and comment as well in
mid-April.
…/2
2
rd
3. As a result of the April 23 meeting, comments will be forwarded to the RAIC for their
consideration in finalizing their document in the next few days. A copy of those comments will
th
be provided to Council at the May 6 meeting.
4. At the present time the OAA Fees and Services Task Group, as directed by Council in March,
is reviewing the RAIC draft document against the OAA’s Fee Guide with a view to identifying
how the two might be harmonized. It should be noted that much of the RAIC document is
mirrored on the OAA Fee Guide and the Architectural Institute of British Columbia (AIBC) Tariff
of Fees.
5. As previously agreed by Council a second iteration of the OAA document will be released in
2009 based on feedback received from OAA members and based on the Task Group’s review
of the RAIC draft document. Comments from two particular client groups have also been
received to date.
The Task Group anticipates a draft of the next iteration of the OAA’s Fee Guide will be ready for
Council’s consideration at the September Council meeting.
Action:
For information only.
5.2.a
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.2.a
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
James Farrow, Senior Vice President & Treasurer
Date:
May 6, 2009
Subject:
Updated Financial Statements and Budget Report at March 31, 2009
Objective:
To provide an update on the latest financial statements to Council for information.
Background:
You will find attached to your Council Package the latest financial statements for March 31,
2009. These statements were prepared by staff in accordance with normal practice. As you
review these statements, I would like to take this opportunity to highlight and summarize a few
of the key areas of interest.
Due to additional workload related to converting from our old accounting system, we were
st
unable to provide the usual 1 quarter report at the end of February. Staff report that they have
completed the transition to the new accounting software and are now running with the new
software and so moving forward through the year the reporting should be able to be prepared in
a more timely fashion. This report includes figures up to the end of March 31, 2009.
Overall, with the help of regular monitoring by our staff, our financial position remains stable.
We typically receive the bulk of our income in the first part of the year when membership fees
are paid. For the current period we are pleased that our revenue is ahead of the budget
projection. We can report that despite fears related to the economy, most of our members
appear to have paid their fees up to date. The C of P fees are also coming in but the final due
date for that is not until end of April 2009.
While we are happy to have the revenue to meet our expenses, we need to remember that
while the revenue comes in at the beginning of the year, the expenses continue for 12 months
and often include unforeseen items that can appear at any time. It is and continues to be a
delicate balance.
2
Balance Sheet:
Assets:
Our Assets remain stable and show a slight increase when compared with the end of the
previous year. There are some fluctuations between cash and short term deposits depending
upon reporting dates for maturity dates etc. In addition to cash on hand, our major assets
continue to be the building and land, as well as furniture and computer equipment.
Liabilities and Members Equity:
Our primary liability is the mortgage on the building.
Budget Report
Revenue “Where does our money come from”
Showing an increase in revenue over the approved budget amount are the following categories:
Annual membership fees and related revenue
Classifieds Revenue
st
ExAC Registration Income (1 year)
Admission Course
Facility Rental and Catering
Showing a decrease in revenue over the budget amount are the following categories:
Sales of publications
Conference and Annual Meeting (note that full accounting for this item will not
be complete until late summer 2009)
Rental and other income
BCDS Revenue (phase out)
Investment Income (market conditions)
Expenses “Where does our money go”
Direct program expenses are summarized on the revenue/expense statement and detailed in a
schedule attached to the Financial Statement.
Notable expense items currently running ahead of the approved budget amounts are as follows:
Council and Executive Expenses (more meetings in this period)
Exam for Architects in Canada (first time exam marking in 09)
Expenses related to Discipline Action and Prosecution
Honors and Awards (major activity is in this period)
Notable expense items currently running behind the approved budget amounts are as follows:
Practice Consultation Service (PCS program not functioning)
Admission Course (fees received but no expenses until May 09)
Conference Expenses (not finalized until late summer 2009)
Special Projects (approved budget amounts not yet spent)
Continuing Education (sessions not offered yet)
3
Salaries and benefits have increased consistent with the previously approved budget.
Building and Offices Services Expenses remain stable on an overall basis against the approved
budget with increases in some areas being offset by reductions in others. It is noted that there
are some increased expenses related to adjustments to Internet and Website hosting capacity.
Other Issues
Building Maintenance Fund
There is currently $93,333.00 (increasing by $40,000 annually and pro-rated through the year)
in the internally restricted Building Maintenance Fund that was established to fund anticipated
renovations necessary for the OAA Headquarters Building.
Pro-Demnity Insurance and the Building
Pro-Demnity’s financial position remains stable. The mortgage held by Pro-Demnity for the
building stands at $2,027,945.00 and bears interest at 7% and is due January 15, 2028. The
current (2009) interest expense of $143,060.00 is included in the building schedule and budget
for expenses. At this time there is no consideration of any mortgage or interest rate relief.
New Computer Accounting System
The staff are now working on the new computer accounting system and hope to have some
minor reporting issues sorted out shortly. This system will enable faster and more accurate
reporting and record keeping for both members and staff. We look forward to seeing the
positive results of this investment as we move through 2009.
Special Projects
As has been previously noted, over the course of the last fiscal year, and in response to various
issues that arose during the year, Council added approx. $100,000.00 to the previously
approved budget over and above normal yearly budget to actual adjustments that typically
occur throughout the year. For the current year, we are at this time projecting a surplus
primarily due to Council’s approval of restructured C of P fees as well as increased Intern Fees
for long-term Interns. While at this time we are projecting a surplus, we need to wait until the
remainder of our revenue arrives in order to determine our expected position with more
accuracy. The key remaining items are the remainder of the C of P fees as well as the update
on the Conference revenue and expenditures. I expect to be able to provide Council with an
update later in 2009 as soon as the figures are finalized and the reconciliation completed.
Please review the attached package and should you have any questions, I would be happy to
answer them if I can, or to seek out appropriate answers from our Staff or professional advisors.
Action:
For Council to receive and accept the March 31, 2009 interim financial report.
Balance Sheet
As At March 31, 2009
2009
ASSETS
CURRENT
Petty Cash
Cash
500
884,739
Term Deposits - General
Accounts Receivable
NSF Cheques
Pro-Demnity Accounts Rec.
Accrued Interest
GST - Input Tax Credits
GST Receivable
2,297,792
50,369
368
885,239
2,297,792
6,808
57,544
Prepaid Expenses
Prepaid Miscellaneous
Inventory
-1,038
-85
9,513
8,390
3,248,965
Total Current
LONG TERM
Land
Furniture & Equipment
Computer Equipment
Building - 111 Moatfield Drive
Total Property & Equipment
Accumulated Depreciation - Building
Accumulated Depreciation - Furniture & Equipme
Accumulated Depreciation - Computer
Total Depreciation
Net Fixed Assets
Investment in Pro-Demnity
470,000
707,027
471,062
2,630,991
4,279,080
-453,511
-636,871
-316,653
(1,407,034)
2,872,046
22,673,617
Total Assets
LIABILITIES
CURRENT
Accounts Payable
GST Payable
Ontario Retail Sales Tax
22,673,617
28,794,627
4,200
80,495
2,046
86,741
Deferred Revenue - Fees
Deferred Revenue - Rent/Service Agreement
Deferred Revenue - Sponsors
Mortgage Payable - Current
237,171
54,505
Total Current
LONG TERM
Mortgage Payable - Long Term
Total Long Term Liabilities
237,171
54,505
378,416
2,027,945
2,027,945
Total Liabilities
2,406,361
EQUITY
Members' Equity
Building Reserve Fund
Surplus/(Deficit) - 2009
24,162,965
93,333
2,131,967
Members Equity Closing
26,388,266
Total Liabilities & Equity
28,794,627
Statement of Cash Flows
Four Months Ended March 31, 2009
Operating Activities:
Excess (deficiency) of revenue over expenses
Add items not involving cash:
Amortization of property and equipment
Income from investment in Pro-Demnity Insurance Company
2,131,967
51,417
0
Net change in non-cash working capital items:
Short-term deposits
Accounts receivable
Inventories
Prepaid expenses
Accounts payable and accrued liabilities
Deferred revenue
Building reserve
(1,798,582)
119,082
3,507
71,831
(48,133)
(9,433)
13,333
Cash flows from operating activities
534,989
Financing Activities:
Repayment of mortgage principal
Cash flows from financing activities
Investing activities:
Purchase of property and equipment
Cash paid on purchase of building
(13,277)
(13,277)
(62,602)
Cash flows from investing activities
(62,602)
Net increase/(decrease) in cash during the year
459,110
Cash, beginning of year
426,128
Cash, end of year
885,238
Statement of Revenue and Expenses
2008
2009
ACTUAL-YTD
Detail
Total
ACTUAL-YTD
Detail
Total
ANNUAL BUDGET
Detail
Total
BUDGET PROJECTION
Detail
Total
REVENUE
Fees
Increase in Intern Fees
Admission Course Revenue
Classifieds Revenue
ExAC Registration Income
Interest Earned
Publications, Job Signs & Other Revenue
Rental/Catering Revenue
Recovery of Discipline Charges
Conference Revenue
Pro-Demnity:
Service Agreement
PCS Transfer
Rental Income
-2,619,714
-4,525
-49,674
-8,526
-10,250
-384,125
-553,000
-39,064
-14,263
-45,644
Subtotal Revenue
Continuing Education Revenue
-2,645,680
-82,852
-73,539
-5,900
1,950
-996
-6,710
-8,975
-41,102
-45,644
-3,175,785
-24,161
Total Revenue
EXPENDITURES
Council & Executive
Action against Association & Members
AGM (Annual General Meeting)
Council & Executive
Legal:
Construction Lien Act
Legal General
Other Committees & Task Groups:
Interns/ITP Task Group
Joint Liaison Committee
Miscellaneous Committee Expense
SOC (ORC/OGCA/CEO/ARIDO)
Salaries & Benefits Council & Exec
0
0
53,180
-3,245,743
-22,440
-37,020
-85,000
-35,000
-120,000
0
0
-689,975
-85,000
-35,000
-120,000
0
0
-689,975
-113,801
-33,890
-121,716
-113,801
-33,890
-121,716
-3,462,447
-3,246
-4,504,585
-78,260
-3,199,946
-3,465,693
183,608
196,191
-4,504,585
-78,260
-4,582,845
-4,582,845
554,584
554,584
64,820
24,000
11,000
195,000
24,000
11,000
195,000
963
263
1,849
2,000
5,000
2,000
5,000
316
42
1,140
887
126,861
2,481
330
126,669
1,000
2,000
5,000
5,000
304,584
1,000
2,000
5,000
5,000
304,584
Office of the Registrar:
Admission Course
Discipline:
ExAC Committee
Exam for Architects in Canada (ExAC)
Experience Requirements
Legal:
Appeals
General
Hearings
Prosecutions & Injunctions, Cease & Desist
Registration Committee
Salaries & Benefits - Registrar
-3,245,743
-22,440
-37,020
219,167
277,119
811,375
811,375
20,657
9,899
37,020
37,020
7,323
1,331
3,808
36,000
6,000
36,000
6,000
50,000
1,000
50,000
1,000
10,000
20,000
20,000
9,000
2,500
619,855
10,000
20,000
20,000
9,000
2,500
619,855
398
36,443
12,033
955
1,888
777
1,316
335
0
172,552
Practice Advisory:
Legal-Practice
159
Committees;
Alternative Finance & Procurement (AFP)/IO
237
Engineers, Architects, Building Officials (EABO)
0
Fee Schedule Development/Guideline
0
Practice Committee
2,112
210
Practice Advisory Service Task Group
Subcommittee on Building Codes & Regs (SCOBC
0
Salaries & Benefits - PA
52,679
Salary Survey with Society of Design Administration (SDA)
4,125
5,040
11,948
205,458
55,397
61,472
203
835
165
1,481
58,789
242,525
242,525
5,000
5,000
5,000
0
10,000
20,000
1,000
2,500
187,025
12,000
5,000
0
10,000
20,000
1,000
2,500
187,025
12,000
Page 3
2008
2009
ACTUAL-YTD
Detail
Total
Communications:
Committees:
Communications Committee
Government Affairs Committee
Honors & Awards Committee
Sustainable Build Environment Committee
Government Relations Contingency
Honors & Awards
Liaison With Gov't & Other Organizations:
AIA
Canadian Architectural Certification Board (CACB)
Other
RAIC
Perspectives (Income & Expenses)
P.R. Opportunities
Publications, Job Signs & Other
Salaries & Benefits - Communications
Scholarships and Awards (Trust Fund)
Societies:
Society Liaison Travel
Society Funding
Special Program Funding
Society Chairs Meeting (at conference)
Trade Shows/Events
University Funding
Web
134,572
2,981
0
210
484
0
1,757
970
9,910
0
3,407
47,842
10,000
0
0
35,000
19,650
0
224
0
3,587
PCS Site Visits/Miscellaneous Expense
Practice Review Steering Committee
PCS ConEd
Salaries & Benefits - PCS
Audit Fees/Consultants
Audit Committee
Computer Operations
Bank Charges:
Bank Charges
Credit Card Charge on Fees/ConEd/Document Or
Depreciation
General Expenses
Interest on Moatfield
Insurance:
Errors & Omissions
Directors & Officers
Mailing Costs:
Postage & Delivery
Member Mailings
Printing & Office Supplies
Rental & Catering
Retirement Allowance for Former Executive Director
Salaries & Benefits - Admin
Subscriptions & Memberships
Telephone & Internet Access
Surplus(-)/Deficit(+) Before Special Projects
28,178
1,843
5,000
45,000
10,000
5,000
34,705
6,000
60,000
185,244
10,500
5,000
45,000
10,000
5,000
34,705
6,000
60,000
185,244
10,500
5,000
35,000
0
4,000
6,163
0
8,036
5,000
35,000
0
4,000
6,163
0
8,036
1,173
83,141
46,776
762,321
681,667
500
80,154
36,364
985
985
762,321
681,667
500
80,154
68,779
4,000
1,000
5,000
58,779
0
327,961
337,377
68,779
4,000
1,000
5,000
58,779
874,748
874,748
-2,750
0
9,405
-14,000
229
1,629
19,000
0
55,000
19,000
0
55,000
31,016
18,000
5,117
55,413
0
37,577
26,217
1,606
48,151
55,000
78,651
7,500
143,060
55,000
78,651
7,500
143,060
46,419
9,230
37,713
50,000
50,000
9,126
10,748
19,386
1,241
25,142
90,845
2,268
6,586
9,673
11,223
17,586
177
25,142
107,275
1,894
16,056
25,000
25,000
60,000
0
43,100
285,437
5,000
23,000
25,000
25,000
60,000
0
43,100
285,437
5,000
23,000
Building:
Building Reserve Fund
Building Committee
Commercial Insurance
Depreciation - Building
Heat, Light & Water
Property Taxes
Maintenance & Security
13,565
16,878
Administration:
456,434
172
407
8
37,845
9,113
0
0
7,766
456,434
4,035
0
2,573
2,000
0
28,178
105,140
Practice Consultation Service:
BUDGET PROJECTION
Detail
Total
4,035
0
2,573
2,000
1,663
599
13,629
5,000
6,226
53,334
10,000
76,346
304
28,490
ANNUAL BUDGET
Detail
Total
145,817
353
0
-1,449
Conference:
Conference
Conference Committee
Salaries & Benefits - Conference
ACTUAL-YTD
Detail
Total
161,287
13,333
1,464
206,023
13,333
0
23,195
25,200
22,675
87,364
34,256
25,333
18,755
53,891
48,510
-1,995,934
485,842
40,000
18,000
76,000
80,000
130,000
141,842
-2,157,567
485,842
40,000
18,000
0
76,000
80,000
130,000
141,842
-326,237
-326,237
Page 4
2008
2009
ACTUAL-YTD
Detail
Total
Special Projects
ACTUAL-YTD
Detail
Total
14,993
Advocacy Ontario/OAA Structures Committee
Bill 124 - Fair Access
Building Audit (Repair/Maintenance/IDP)
Communications Framework
Demographics/Intern Comm - Future of the Professi
ITP Mentoring Pilot Project (Ministry of Citizenship)
QBS/RFP Awareness Campaign
Reg Amendments Review Task Group
1,192
713
2,500
6,171
7,781
0
479
2,000
Other Projects
-2,156,374
4,708
4,708
Surpus(-)/Deficit(+) before Continuing Education
0 -1,976,233
Continuing Education:
26,738
ConEd Committee
Continuing Education
ConEd Development
Salaries & Benefits - ConEd
136
8,325
0
18,277
-319,737
4,424
4,424
24,830
2,500
0
0
0
20,330
0
0
2,000
2,000
-1,980,941
BUDGET PROJECTION
Detail
Total
6,500
0
353
688
Surplus(-)/Deficit(+) before Other Projects
OAAAS
ANNUAL BUDGET
Detail
Total
-301,407
47,300
47,300
-2,151,951
-272,437
19,983
108,561
83
1,718
48,000
18,182
60,561
48,550
48,550
-252,857
108,561
0
48,000
0
60,561
Surpus(-)/Deficit(+)
-1,949,495
-2,131,967
-163,876
-144,296
TOTAL EXPENDITURES
TOTAL REVENUE
1,250,451
-3,199,946
1,333,725
-3,465,693
4,418,969
-4,582,845
4,438,549
-4,582,845
SURPLUS(-)/DEFICIT(+)
-1,949,495
-2,131,967
-163,876
-144,296
Documented Adjustment Summary (Budget vs Budget Projection):
Mar'09
Interns & Demographics original budget
Interns & Demographics revised
OAAAS Reception
-2,000
20,330
1,250
19,580
Total Adjustments
Budget
Adjustments
Running Budget Deficit
0
-163,876
19,580
-144,296
Page 5
Committee Statement
2009
BUDGET
Business
Audit Committee
Trustees
Education Committee
Building Committee
BUD PROJECTION
18,000
ACTUAL
18,000
229
0
0
229
18,000
18,000
0
Strategic
Government Relations
Bill 124 - Fair Access
Joint Liaison Committee
Advocacy Ontario/OAA Structures Committee
Demographics
Demographics/Intern Comm - Future of the Profession
Interns/ITP Task Group
2,500
0
2,500
2,000
1,000
ExAC Committee
Exam for Architects in Canada (ExAC)
Experience Requirements
9,108
2,573
2,000
2,573
2,000
95,500
36,000
6,000
50,000
1,000
2,500
50,000
1,000
2,500
46,500
40,649
3,808
0
398
36,443
0
0
46,500
5,000
0
10,000
1,000
20,000
1,000
0
2,000
5,000
2,500
174,608
1,014
353
83
0
0
172
407
95,500
36,000
6,000
5,000
0
10,000
1,000
20,000
1,000
0
2,000
5,000
2,500
521
479
42
9,108
4,035
0
500
Practice
Alternative Finance & Procurement (AFP)/IO
Engineers, Architects, Building Officials (EABO)
Fee Schedule Development/Guideline
Practice Advisory Service Task Group
Practice Committee
Practice Review Steering Committee
QBS/RFP Awareness Campaign
Reg Amendments Review Task Group
SOC (ORC/OGCA/CEO/ARIDO)
Subcommittee on Building Codes & Regs (SCOBCAR)
21,330
20,330
1,000
4,035
0
500
Regulatory
713
0
0
713
2,500
3,000
Communications
Communications Committee
ConEd Committee
Conference Committee
Government Affairs Committee
Honors & Awards Committee
Sustainable Build Environment Committee
2,500
0
3,014
203
835
165
0
1,481
0
0
0
330
0
192,938
46,140
5.3.a
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.3.a
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
Pawel Fiett
Peter Gabor
Brad Green
Elaine Mintz
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
James Farrow
Paul Hastings
Rob Newman
Kevin Robinson
Andre Sherman
Michael Visser
From:
Committee for the Examination for Architects in Canada (CExAC)
Sean O’Reilly
Date:
April 23, 2009
Subject:
Examination for Architects in Canada (ExAC)
Objective:
To provide Council with an update on the administration of the Exam for
th
Architects in Canada (ExAC) and the April 6 meeting of the Committee of
the ExAC (CExAC)
Background:
.
1.
2009 ExAC Administration
The Committee established the date for the 2009 ExAC administration as October
19/20, 2009. After the April 6 meeting the committee, due to having to update various
components of the ExAC Web site, has deferred the opening of registration period for
this year's ExAC administration until May 15, 2009 and will close on Friday, July 17,
2009.
At the April 6 meeting of the CExAC the roles of the National ExAC Administrators, the
Test Consultants and the Registrars were examined and defined. A Communication
Protocol was established. The issues of Interns requesting a second review of their
failed sections were reviewed and a process has been established. Only two requests
for review were received from OAA Interns, Quebec received 13 and Alberta one.
2
2.
2009 ExAC - Question Development
OAQ and OAA have completed the question development sessions. AAA will
commence theirs in the next couple of weeks. The OAA panel consisted of 5 architects
led by our Test Consultant Brenda Protheroe. Over the 8 days the group revised
General and Specific Objectives of the Code Research Section of the exam.
The new and revised questions are now being inputted into the LXR Database system
and are expected to be vetted by the CExAC at the June 15/16 2009 session.
3.
2006 - 2008 ExAC - Question Development Expenses
The three founding partners will be meeting on May 11, 2009 to consolidate the
expenses incurred during the development of the ExAC from 2006 to the end of 2008.
The final ExAC Development Expenses Report and Operating Budget will be presented
at the July meeting of the CExAC.
Action:
For information only
5.3.b
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
From:
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.3.b
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
Sean O’Reilly,
Chair International Relations Committee
Members of International Relations Committee
Sean O’Reilly, Chair
Daryl Procinsky, Alberta
Dave Willkinson, British Columbia
Dave Edwards, Saskatchewan
Charlie Henley, Newfoundland & Labrador
Andre Bourassa, Quebec
Date:
April 22, 2009
Subject:
Update from National Committee
International Relations Committee
Objective:
To provide Council with a copy of the draft notes from the teleconference meeting of the
International Relations Committee held April 22, 2009.
To consider a draft budget for the International Relations Committee and a recommendation
from the Committee for approval.
Background:
1. Please find attached a copy of the draft notes of the Committee’s conference call meeting
held April 22, 2009. I will suggest that the items in the notes are self-explanatory; however I
am happy to provide additional comment on request during the meeting.
2. You will see from the meeting notes that the Committee discussed a draft budget for 2009 to
cover the operation of the Committee as previously directed by the Canadian Architectural
Licensing Authorities (CALA). The budget has been drafted to essentially cover meeting costs
that the Committee will incur in carrying out its mandate. Of particular urgency for 2009 is a
meeting with NCARB to discuss the Canada/US Inter-recognition Agreement. The Committee is
2
recommending that this meeting is critical in order to deal with inter-recognition between
Canada and the US in light of the new Canadian Exam.
3. After some discussion the International Relations Committee is recommending approval of
the budget for 2009. You will see a footnote is added to the budget that indicates that the costs
may be reduced based on the outcome of a grant application made by RAIC on behalf of CALA
to cover costs related to specific international relations files (specifically meetings with the US
and also Mexico). In the recent past RAIC has been successful in securing federal funds to
cover costs for such projects as the review of the Canadian Education Standard and
development of a Broadly Experienced Foreign Architect assessment process.
4. As part of the budgeting formula the Committee is also recommending that the expenses be
covered (save and except portions that can be covered with the pending federal grant monies)
by the 11 Regulators on a per capita basis (i.e. based on licensed architects). For the OAA this
translates into approximately $4402 as a maximum amount payable by the OAA for 2009.
Provincial Association Registered members OAQ AANB MAA OAA AIBC AAA NWTAA SAA AAPEI NSAA NAA in 2008 2779 177 268 2530 1400 793 28 178 58 240 58 Total 8509 Again, as noted this is a maximum amount and may be considerably less based on receipt of
federal government funding.
5. While I understand that this is not currently budgeted for in the 2009 OAA annual budget
costs are currently being covered for items such as this under line items designated for
‘national initiatives’. In future this item could be identified specifically, as well as other national
task forces and committees that the OAA is involved in within the OAA budget. I would like to
suggest that, in fact, by approving a national budget the other provinces will also share in the
cost of the activities even if their association is not directly represented on the Committee thus
potentially reducing the OAA costs related to national initiatives.
Action:
Council to consider approval of the draft 2009 budget for the International Relations Committee.
Meeting Notes
Wednesday April 22, 2009
Via conference call 11:00 a.m. EST
In Attendance:
Committee Members
Sean O’Reilly, Chair, OAA
Dave Edwards, SAA
Daryl Procinsky, AAA
Charlie Henley, NFLAA
Dave Wilkinson, AIBC
Staff:
Kristi Doyle, Director of Policy, OAA
Dorothy Barkley, Executive Director, AIBC
Jean Pierre, Executive Director, OAQ
Regrets:
André Bourassa, OAQ
1.0
Agenda
The meeting agenda was reviewed and approved.
2.0
Report on April 8th Meeting with OAQ and Representatives from France
O’Reilly and Procinsky reported on their attendance at a meeting with OAQ
representatives as well as representatives from France with respect to the establishment
of a bi-lateral agreement between the two.
It was noted that the meeting had been prompted by an invitation from Andre Bourassa
during the last Committee conference call.
Procinsky noted that the meeting had resulted in a better understanding of the catalyst
for the agreement as well as the elements of the agreement. It was noted that the focus
of the bilateral agreement between PQ and France is focussed on dealing with
individuals entering each respective jurisdiction through immigration.
It was noted in comparison that the proposed ACE agreement is focussed on
corporations coming to Canada to practice.
Dumont added that the agreement is being driven by government policy on both sides
and not the individual professions. He added that the professions are attempting to deal
with it in a positive light in terms of assessing the benefits to the profession. It was
questioned as to how the rest of the professions are dealing with this. Engineers
agreement is already in place, however the other professions are struggling as there
may not be a counterpart in France. There are only 9 regulated professions in France.
A committee member suggested that this is somewhat similar to the TILMA situation.
1
Dumont provided the following overview of the agreement. An individual with an
architectural degree obtained in France or Quebec along with a professional title/license
will be eligible for reciprocal licensing between the jurisdictions. Dumont added however
that OAQ raised concerns over the fact that their existing interns and other Canadian
interns are required to do more to obtain an initial licence i.e. examination and
experience. As a result the education obtained in France was reviewed more closely
and the conclusion was reached that the education is very much the same i.e. approx. 6
year program and that it also includes 6 to 9 months practice within France. In order to
compensate for the lack of examination and reduced practical requirement it was agreed
that a France architect would also need to have three years senior level practical
experience in a firm in France before coming to Quebec. Also, 50 hours of continuing
education is required in Building Code and legislation within the first year of license for
the France architect.
It was noted that those who are not schooled in France i.e. elsewhere in the EU, cannot
apply through this to be licensed in Quebec. Nor will a Quebec architect who has
obtained their degree from a school outside of Quebec be eligible for license in France.
It was highlighted however, that this affects the rest of Canada in that once an architect
from France registers in PQ, they can then move freely across Canada under new
provisions of the Agreement on Internal Trade. The concern that all Canadian architects
not educated in PQ cannot benefit from this in any way, even the OAQ member that
obtained their degree from U of T, does not qualify.
O’Reilly and Procinsky noted that they had also meet with Paule Boutin President of the
RAIC who would be travelling to Helsinki at the end of April for the ACE conference.
During their discussion with Boutin a specific list of items and questions was compiled
that she would raise which are of interest to CALA as part of ‘fact finding’ during the ACE
conference. It was noted however that the main message that she will deliver is that the
CALA is prepared to look at the ACE agreement again and will be ready to re-engage in
those discussions shortly.
2.0
Review of Draft Budget
KD reviewed draft agenda. It was noted that word had not been received yet from RAIC
as to the status of the PEMD grant application which may reduce the amount required
from the regulators to cover the costs in the budget.
It was suggested that a 5% contingency should be added to the budget as well as funds
for all Committee members to attend the proposed NCARB meeting in the Fall.
After discussion and agreement on the proposed changes,it was agreed that the Chair
would forward the draft Budget to the CALA members for consideration and with a
recommendation from the Committee for approval. The communication would also
include a recommendation for a funding formula based on the per capita membership of
each province/territory. It will also note that the funding necessary may decrease
depending on the outcome of the PEMD grant application.
The Committee also agreed that a date for the NCARB meeting needs to be scheduled
as soon as possible.
2
There was some discussion around the APEC Architect Project and the request from
RAIC to take on the responsibilities to fund the secretariat and manage it. It was agreed
that this would be left out of the 2009 Budget at this time. The Committee needs to
discuss the matter and its implications in more detail during their next meeting.
Action:
Doyle to follow up on the PEMD grant application with Hobbs
O’Reilly to forward draft budget to CALA on behalf of the Committee for their approval.
4.0
Review of Existing International Files
4.1
Tri-National Agreement.
Henley encouraged the Committee to move this forward in a timely manner.
Edwards reported that during a recent Committee of Examination meeting he had attend
with NCARB there was a feeling on their part that the meeting could be postponed until
late 2009 or spring 2010. It was suggested that CALA should forward a letter to
FCARM to that effect.
There was some discussion about previous history on this file and agreement that every
jurisdiction must be clear on the content of the agreement there was some concern that
this lack of understanding had caused the agreement to be stalled. The future approach
it to be fully transparent and insure the best possible understanding of the agreement by
the jurisdictions while negotiations are underway so this does not happen again.
There was discussion around the completion of the BEFA project prior to moving this
forward and the recollection that the CALA felt that the BEFA process would form the
foundation for this agreement and possibly others.
Action: Draft letter to FCARM to suggest meeting in later 09 or spring 2010.
4.2 Canada/US Inter-Recognition Agreement
Edwards suggested that a letter to NCARB be send on behalf of CALA suggesting a
meeting date for the Fall. Edwards added that during the last COE meeting there was
some discussion around the new Canadian Examination and that he had informally
conveyed that CALA’s initial position would be to establish equivalency between ExAC
and the ARE. He noted that they seemed receptive to this, so there may be a window of
opportunity to pursue this.
It was also noted as an aside that there are rumours that the pass rates in the States
have dropped with the introduction of ARE 4.0 inferring that there may be a problem with
the process. NCARB has neither confirmed nor denied this.
Edwards added that NCARB seemed interested in our review of the CES and also the
proposed competency standard.
3
Action: Edwards to contact NCARB with some dates for a Fall meeting, and that
Toronto would be suggested as the location. A formal letter would follow up once
potential dates have been established.
4.3
Architect’s Council of Europe
O’Reilly noted that RAIC is attending the ACE meeting in Helsinki and will report back to
the Committee on the specific issues discussed between O’Reilly, Procinsky and Boutin
after which the Committee will discuss further action on this file.
4.4
APEC Architect Project (Pacific Rim jurisdictions)
It was agreed that the Committee would discuss this file in greater detail at the next
Committee meeting in June. Specifically the request from the RAIC to assume
responsibilities for the secretariat.
Action: Members of the Committee were asked to review the material that currently
exists on the RAIC Web site in preparation for that meeting.
4.5
CANBERRA Accord
Action: Edwards to contact CACB to obtain a report for the next meeting.
5.0
Next Meeting
It was agreed that the next meeting of the Committee be held during the RAIC Festival
on June 17th in the afternoon -- location to be established.
It was also agreed that a report would be prepared for the CALA meeting on behalf of
the Task Group for the purposes of reporting on the activities of the International
Relations Committee.
4
Annual Budget 2009
EXPENSES
Committee Meetings:
Conference Call Meetings 5 per year @ $400
$ 2,000
Face to Face (in concert with national meetings) 2 per year @
(includes meeting room and lunch/refreshments and some travel for those Ctte members
that may not be part of the national meetings))
Travel
$1,500
Hotel
$1,000
Room
$ 600
Lunch/Ref.
$ 300
_______
$ 3,400
International Meetings
NCARB re. US/Canada Inter-Recogntion Agreement in Canada
(Food, travel, accommodation for all Cttee reps (6 pp) in Toronto)
Room
$ 600
Lunch/Ref.
$1,000
Travel
$2,500
Hotel
$2,500
Incidentals
$ 500
_______
$ 7,100
NCARB/FCARM re. Tri-National Agreement held in Canada
(Food and meeting room only.. combine with meeting above)
Room
$ 600
Lunch/Ref.
$1,000
_______
$ 1,600
Contingency (5%)
----------$14,100
$ 705
_______
$14,805
FUNDING
The Committee would like to recommend the following as a potential funding structure
based on jurisdictional per capita membership.
Association/Institute contribution based on 2008 numbers:
Provincial Association
Registered members OAQ AANB MAA OAA AIBC AAA NWTAA SAA AAPEI NSAA NAA in 2008 2779 177 268 2530 1400 793 28 178 58 240 58 Total 8509 $1.74(per member) X 8509 = $14,805
*** Federal Government Grant Funding (TBD after March 31st) (PEMD Grant requested
up to $15,000 to include costs of hosting Tri-National as well as Can/US Inter-rec
meetings) of approved will be put towards expenses to reduce per capita amount.
5.4.a
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.4.a
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Sheena Sharp
Chair, Interns and Demographics Committee
Date:
May 5, 2009
Subject:
Appointments to the Committee on the Future of the Profession/
Interns
Objective:
Council is asked to consider the recommendation regarding the appointment of members to the
Committee on the Future of the Profession/Interns.
Background:
In accordance with Council Policy re. appointment of individuals to committees and task groups,
an advertisement was placed in the e-Bulletin regarding the opportunity for appointment to the
Committee on the Future of the Profession/Interns.
Expressions of interest were requested from the following categories: students, interns, and
optionally, licensed architects. Received were ten applications from licensed architects, 1
sylabus student, 1 student, 1 employed as a highschool teacher, 1 employed by the
government, 1 “independent consultant”, 2 unemployed, 3 employed by architects. There was
one late submission, also employed by an architect.
The submissions were sent to all council members who are members of the committee. The
recommendations are as follows:
…/2
2
After reviewing the indications of interest received, and in light of the proposed action plan for
the Committee on the Future of the Profession/Interns for 2007, I would like to recommend to
Council the following candidates to be appointed to the Committee, effective immediately:
Intern Architects
Vivian Lo
Jeffery Atchison
Atef Boulos
Students
Brynne Campbell
Alternate Recommendation:
Lou Kahssay
Action:
Council is asked to consider the following motion:
It was moved by _______ and seconded by _________ that Council increase the number of
new members to 5, and approve the appointment of the following individuals to the Committee
on the Future of the Profession/Interns effective immediately:
Vivian Lo
Brynne Campbell
Jeffery Atchison
Atef Boulos
Lou Kahssay
5.4.c
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.4.c
5.5.a
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.5.a
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
From:
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
Pawel Fiett, Chair, Communications Committee
Committee Members:
Lou Ampas
Jane Burgess
Andre Sherman
Date:
April 22, 2009
Subject:
Communications Committee Update
Objective:
To provide an update on current and ongoing Communication activities.
Background:
1. Communications Framework
The Communications Framework document has been completed and was posted on the
OAA Web site April 24.
2. OAA Web site – Audit & Re-design
The Committee held a meeting March 25 with iMIS representatives, ASI consultants, and
members of the Snuffbox/Bruce Mau/Thinkflo team (the original Web site redesign
proponent). The meeting was to learn about the modules iMIS provides and those that the
OAA has already purchased to ensure the Web site can integrate these as needed as well
as assess the pros and cons of the modules and the web configuration. This was an
opportunity for the team to gather information in order to submit a revised proposal which
takes into account the iMIS system.
The Snuffbox/Bruce Mau/Thinkflo team submitted a new proposal April 16 which was
reviewed by the Communications Committee. The Committee quickly determined an
independent consultant would be helpful to assess the statements made within the proposal
as well as to assist in determining the additional information required to fully understand the
options, as well as a definition of strengths and weaknesses of each, to be outlined in the
revised proposal.
A revised proposal was requested for delivery April 28 to be reviewed by the Committee
2
April 30. The Committee will be working toward developing a clear recommendation to
Council in June.
3. Sustainable Design Committee
See 5.5.b. in the Open Package
4. Teleconferencing Solution for the OAA
Gordon Masters will look into resourcing a provider to move ahead with the
Teleconferencing Solution.
5. Perspectives Editorial Committee
The Awards issue will be published in July. The content will be reviewed at the April 23
Meeting.
The Communications Committee has reviewed a proposal from Naylor (Canada) Inc.
regarding the launch of a digital publication of Perspectives which would build upon the
topics of the printed journal.
6. Profiles Directory
The new theme for the 2010 Profiles Directory is being reviewed by the Communications
Committee. A theme will be confirmed in June in accordance with Naylor’s advertising
schedule for the publication.
7. Honours & Awards Update
This year’s People’s Choice Competition received 1291 votes. The winning project received
344 votes. This year, only one vote per ip address was allowed. This resulted in an excellent
response and a more evenly distributed of vote. Last year, when voting was wide open, 2842
votes were received, 1075 of which was for the winning project.
The 2009 winner will be announced at The Celebration of Excellence awards ceremony and
dinner taking place Friday, May 8, 2009 at The Westin Harbour Castle hotel, as part of the
OAA Conference.
8. IIDEX/NeoCon 2009
The Committee reviewed the contract provided by IIDEX/NeoCon for the 2009 event. The
OAA will be given a kiosk, free of charge, to distribute materials including Profiles Directory,
and Perspectives.
Council will hold its meeting at IIDEX NeoCon September 24. Meals will be served on the
tradeshow floor to encourage touring the exhibits and suppliers.
5.5.b
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.5.b
Memorandum
To:
Council
Jane Burgess
Louis Cooke
Gerrie Doyle
Pawel Fiett
Brad Green
Elaine Mintz
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Kevin Robinson
Andre Sherman
Michael Visser
From:
Sustainable Built Environment Committee (SBEC)
Sean O’Reilly (Chair)
Andre Sherman
Rob Newman
Nancy Cohen
Alex Speigel
Richard Williams
Jesse Zuker
Sheryl Boyle
Mark Gorgolewski
Terri Boake
Stephen Pope
Lou Ampas
Date:
April 28, 2009
Subject:
Update of Committee Activities
Objective:
To provide Council with an update on the Committee’s activities.
Activities:
The SBEC most recently met at the OAA on April 2, 2009. It’s next scheduled meeting is May
14 via conference call.
Acting on the direction of Council from the last Council meeting, the OAA has registered for the
2030 Challenge. This move forward has sparked great enthusiasm amongst the committee
members.
In keeping with the previous Council report I will report on these individual items.
1. Education :
As mentioned in our last report, a member of the Committee (Terrie Boake) is
preparing an education piece for our use relative to the 2030 Challenge. She is
presenting one of the ConEd sessions at the conference entitled “ Leap to Zero
Carbon “ which has sold out. She will be preparing a more compact version of this
presentation which we can post on our web site. If the ConEd Committee and
Council approves, this could be used for distance ConEd points in the category of
2
CORE learning. The subject of the course is to help members and the public to
understand the meaning of the 2030 Challenge. This will be ready for review and
posting we hope in June.
2. OAA Website :
The Committee has started doing its review of the web site and the links. We have
found a number of them to be out of date or no longer relevant. This is a very large
undertaking and the committee will work on it a bit at a time. As areas are reviewed,
the information will be forwarded to OAA Communications staff for updating the
site. This task will be ongoing.
Additionally, there are numerous events and activities coming to light on a regular
basis. As soon as the Committee is made aware it quickly reviews it and has it
posted on the OAA web site so that members are aware. This has been handled
very well through OAA staff in expediting the process.
It should be noted as well that a link to the “Green Area of the Web site” has now
been moved to the home page of the OAA Web site so it is easily seen and
accessible.
3. Submission re. the new Green Energy and Green Economy Act (Bill 150)
At the previous Committee meeting the introduction of the Green Energy Act was
discussed and the potentially important role the OAA could play in its further
development through Regulations, etc. Letters were written to the Ministers of
Housing and Energy to this effect. The Committee plans to be ready when the
government approaches the profession to provide input. To that end, the
Committee has begun discussions on a draft paper of topic areas and solutions to
be considered for recommendation to the government for amendments to the OBC
and the Planning Act. When this paper is ready, it will be brought to Council for
review and approval. As a first step, a letter was sent to the Government Standing
Committee which is review the draft legislation by the OAA President expressing
our desire to assist and be part of the process. Until we hear back, we will continue
with our draft paper. A copy of the letter to the Standing Committee is attached for
information. During the Meeting there was some discussion with respect to concern
raised by a few members of the OAA relative to the proposed Act’s ability to
circumvent municipal zoning and bylaws.
4. Position and definition for Sustainable Built Environments
The committee was hoping to address this at the last Committee meeting. Due to
the work on the other issues before the Committee, it was deferred.
5. 2030 Challenge
The OAA is now officially registered. The Committee is looking at methods where
this can be pursued beginning with the education piece mentioned under item 1.
The Committee also discussed providing ‘bit sized’ amounts of information to
members on a regular basis through ebulletin with respect to how they can meet
the 2030 Challenge. The Committee has recognized that one of the challenges is
how energy consumption is measured.
6. City of Toronto Green Roof By-Law
3
Committee member Lou Ampas provided the members of the Committee with an
update on the status of the City of Toronto Green Roof By-Law. Recall that Amps
has been sitting on the City Advisory Committee which has been working on this
initiative. At the beginning of April, this initiative seemed to be moving very quickly
and public hearings before the City relative to the By-law were scheduled for May
th
6 . The Committee has agreed that it should draft a letter for consideration of the
OAA President expressing some level of support for the green initiative but that
their current process in the development of the bylaw may be flawed, and also that
green roofs are only one type of solution to a larger issue and the City may wish to
consider this larger context. Since this discuss we understand that the process
has been stalled due possible to growing concerns. The Committee will provide an
update once further information is provided. It was noted that Pro-Demnity
Insurance Company has expressed concern over certain liability and insurance
matter.
Action:
For information only
April 22, 2009
Standing Committee on General Government
c/o Trevor Day, Clerk of the Committee
Legislative Offices
99 Wellesley Street West, Rm 1405
Toronto, ON M7A1A2
Attention: David Orazietti, Chair
Re. Bill 150 - Green Energy and Green Economy Act, 2009
The Ontario Association of Architects respectfully submits our comments regarding Bill 150 the Green Energy and Economy Act, 2009. Architects are uniquely positioned within the
building industry to provide leadership in the development of effective implementation of a
sustainable future envisioned by the Act and offer the following by way of explanation of our
unique understanding and fit for moving forward.
The OAA is in support of legislation that encourages the widespread adoption of renewable
energy, promotes a culture of conservation, and fosters the development of a vital green
economy for the province. This clearly positions Ontario as a leader for the environment
nationally and globally. Further, the Act impacts key legislation that architects interact with on
a daily basis, including the Ontario Building Code and The Planning Act, and their
administration at a municipal level. Architects are therefore in a unique position to participate
in the implementation of renewable energy, conservation, and the green economy.
Our members are well aware of the environmental impact of the built environment, with some
estimates putting buildings as consuming 50% of our extracted natural resources and
contributing 35% of our greenhouse gases. The profession is taking a position of leadership
within the building industry, and the public in general, in actively redressing this impact and,
through our work, creating a more sustainable future. We look forward to a built environment
that is restorative and a foundation for a vital green economy. The OAA is also aware of the
building industry as being the sector of the economy that can most immediately and costeffectively address reduction of energy use and reduction of our carbon footprint. This
opportunity has been reported from various agencies including the United Nations’
Intergovernmental Panel on Climate Change (IPCC). Estimates suggest that green building,
on average, can currently reduce energy use by 30 percent and carbon emissions by 35
percent.
In pursuit of a more sustainable built environment the OAA is in support of Ontario’s initiative
for the rapid and widespread adoption of renewable energy at a variety of scales, from
individual buildings to larger power generation sites. This variety of scales supports the
variety of project opportunities in the industry and the broad spectrum of green businesses
developing now and in the future to meet the demand. As well, the common characteristic of
connection to the grid provides for a resilient, robust and low carbon distributed generation
capacity for the province.
…/2
111 Moatfield Drive, Toronto, Ontario Canada M3B 3L6
Telephone 416.449.6898
Fax 416.449.5756
www.oaa.on.ca
2
Just as important as support of 'renewables', is the Act’s recognition and support of energy
conservation. It is well known in the industry that the greenest energy is the energy demand
reduced through effective conservation, the “nega-watts”. In this, our members have been
leaders in the development and deployment of energy conservation in design, construction
and operation. In fact, with effective and successful conservation, the added renewable
energy capacity will be allowed to make up a greater percentage of the overall demand.
Thus conservation helps to increase the market success of renewable energy as the viable
strategy for the future.
In driving the new green economy OAA members are not only involved in new construction
but also renovations and building upgrades, a reminder that our industry must address
existing building stock with as much vigour as new construction in order for us to be
successful in a sustainable future. But the reach and participation of our membership goes
far beyond that. We fill significant roles with the building industry in our province: in
development, construction, education, government and manufacturing.
Architects are engaged day-to-day in creating a sustainable built environment and with the
advent of the Green Energy and Economy Act we offer our participation in moving this to
implementation within our industry and the province. The OAA is ready and able to help the
Government make this a reality.
Thank you for this opportunity to present our views to the committee and we look forward to
the opportunity of participating with you on the implementation of this important and
necessary legislation.
Sincerely,
Gerrie Doyle, OAA, MRAIC
President
cc:
OAA Members of Council
OAA Committee on Sustainable Built Environments
111 Moatfield Drive, Toronto, O ntario Canada M3B 3L6 Telephone 416.449.6898
Fax 416.449.5756 www.oaa.on.ca
5.6.a
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.6.a
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
I. Hillel Roebuck, Registrar
Date:
April 27, 2009
Subject:
Activities under the Registrar
February 24, 2009 to April 27, 2009
Licence
Total Members on April 27 is 2702
Technologist OAA is 17
Non-Practising Architect is 18
of which Licensed
The Office of the Registrar received 52 Applications for Licence, of which there were 7
Internationally Trained Professionals. There have been 94 Licences approved of which, 72
were first time applicants (of these 13 were Internationally Trained Professionals), 4 were
under the Reciprocal Agreement, 9 were under the Inter-Recognition Agreement, 1 was a
Reapplication, 6 were Reinstatements and 2 were Non-Practising Architects.
st
th
January 1 through April 27
2008
47
2009
120
48
121
19
88
27
83
Total # Applications Received
Total # Applications Approved
st
# Applications Received – 1 Licence (Intern Architect)
st
# Applications Approved – 1 Licence (Intern Architect)
st
Of the 2009 1 Licences approved:
38 individuals wrote ExAC
Of the 38 individuals who wrote ExAC:
24 individuals had not written any ARE
9 individuals were Internationally Trained Professionals (ITP’s)
2
Certificate of Practice
Total Certificates of Practice on April 27 is 1359
of which Licensed Technologist OAA is 2
The Office of the Registrar received 26 Applications for Certificate of Practice. There have
been 39 Certificates of Practice approved of which 29 were new Certificates of Practice (of
these, 4 were issued to practices in other Provinces and 6 were issued to practices in the
USA) 5 reinstatements and 5 changes to existing Certificates of Practice.
Temporary Licence/Certificate of Practice under Section 23 of the Act (CofP23)
Total active Temporary Licences is 31
Total active CofP23 is 28
Experience Requirements Committee (ERC)
No interviews scheduled during this period. We are currently in the process of scheduling
6 individuals.
Intern Architects
Total Intern Architects on April 27 is 1434
The OAA received 33 Intern Architect Applications.
Student Associates
Total Student Associates on April 27 is 220
The OAA received 14 Student Associate Applications.
OAAAS Advanced Standing Interviews in the Licensed Technologist OAA process
th
st
10 interviews were scheduled for April 20 and 21
3 Teams of Interviewers (3 Architects on each team)
Each team interviewed 3 candidates
1 candidate did not attend
1 candidate was not accepted
8 candidates were accepted, will attend OAA Admission Course and write the
OAAAS examination
There are currently 7 cases under review; two of which are new cases received since the last
reporting period.
Public Interest Review Committee (PIRC)
There were no meetings held during this period.
There are no discipline hearings scheduled and no discipline matters pending.
3
Act Enforcement (Cease & Desist, Prosecution, Injunction)
The OAA has received documentation with respect to 10 individuals and/or entities indicating
use of the term “Architect” or “Architectural” or misrepresenting him/her/itself to the public.
The documentation for 7 of these individuals has been forwarded to legal counsel for action,
the Registrar will contact 1 of the other individuals and 2 files are closed due to insufficient
evidence.
There are no hearings scheduled.
5.7.a
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.7.a
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Bill Birdsell
Jerry Chlebowski
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
David Craddock, Vice President, Practice
Committee Members:
Domenic Cristofaro
Toon Dreessen
Ian Grinnell
Bruce March
John Stephenson
Stanford Downey
Christopher Fillingham
Hoda Kayal
Gerry Morris
Date:
April 20, 2009
Subject:
Practice Portfolio Report / Update
Objective:
To update Council on activities under the VP Practice Portfolio.
Background:
PC Objectives for 2009
The Chair asked PC for topics that could be explored during the year.
Some suggestions from the group included:
- the complexity of the Regulatory environment, perhaps involving the Royal Architectural
Institute of Canada (RAIC)
- development of objective-based code approvals - to respond to municipal
requirements/changes that affect the architect’s ability to do his job. (PC was informed that
acceptable solutions were being discussed by National)
- unrealistic client expectations outside of architects’ realm of responsibility – being asked to
do more without compensation
- more educational approach for current members – also develop program for architects to
speak to architectural practices, universities, high schools, etc.
- educating members on the use of the fees guideline – how to negotiate a contract, what
2
-
constitutes a basic service/additional services, etc.
rebranding of Document 600
Standard Contract – Residential
Schedule “R” to Document 600 (Progress Report)
Two members had volunteered to create Schedule “R” (residential) per Council’s directive. The
idea was to create a “simple” version of Schedule “A” for residential clients, unfamiliar and less
comfortable with the more complex and possibly more daunting Schedule “A”. Upon
undertaking the project, they determined that it was unfeasible to shorten Schedule “A” without
eliminating valuable components necessary to both parties. Based on their observation, PC
determined not to pursue Schedule “R” further.
Note: Initially, a “Small Buildings” Schedule (also per Council’s instruction) separate from
Schedule “R” had been on hold pending the completion of Schedule “R.” Per the group’s
findings, a “Small Building” schedule would now also not be pursued further.
Promotion Piece (brochure) - “What Does an Architect Do?
Greenberg advised the group that a draft document would be available for the next meeting.
Letter of Intent – Progress Report (Feedback from Foundation for Architectural Research)
PC was informed that some architects may feel uncomfortable presenting a client with a written
contract. If the relationship between the architect and client subsequently deteriorated, the lack
of a written contract could prove detrimental to the architect. The Foundation for Architectural
Research (FAR) was invited to craft a “Letter of Intent” that would address/solve many OAA
Complaints issues. On behalf of the Foundation, guest Charles Simco of Shibley Righton, LLP,
was present to speak to the draft document.
Several standard documents had been reviewed in preparation of this “Letter of Intent” where it
was determined that the document was not intended for larger projects, where OAA Document
600 might be more appropriate.
Some observations from Simco included:
- the “Letter of Intent” could fill a large void where there was no written agreement
- the document could be utilized prior to the signing of a formal standard document contract
- including the six-year (liability) limitation was fundamental
- the document might also benefit from an “entire agreement clause” (recommended)
- in Schedule “A”, point #6 under Additional Services – Hourly/Per Diem Basis, suggested
altering “Obtain Building Permit” to “Assist in Obtaining Building Permit”
- did not recommend referring the “Letter of Intent” to OAA Document 600 on the OAA Web
site, as it might confuse the client as to which document was primary
- in all the court cases he’d managed, RAIC Document Eight – Short Form Agreement
Between Client and Architect had never been involved in litigation.
Some responses from PC included:
- there could be a danger in ending up with too many versions of Document 600, however the
“Letter of Intent” could possibly replace OAA Document 301
- members might be uncertain on when to employ a “Letter of Intent” over another standard
document
- how did one define a ”large” or “small” project? Upon discussion, the group determined it
could not be defined. In addition, the more simplified Schedule “A”, might be confusing to
members, them not identifying what criteria would determine the employment of this
schedule or Schedule “A” from Document 600
- if a “Letter of Intent” were a stand-alone agreement, some Definitions and General
Conditions could be added
3
-
-
the “Letter of Intent” might not appeal to clients who may have limited resources and typically
wanted a “one-source” deal
one member suggested making Document 600 more modular/approachable
one member suggested omitting the word “oral” from clause “52 of section 42 in Regulation
27. This relates to providing architectural services without an express written or oral
contract” in Regulation 27
develop courses for the Admission Course Program that were mandatory before acquiring
one’s license
educate membership on common sense approach to using documentation. Greenberg to
develop a Practice Tip.
The Chair polled the group, where the majority agreed that the OAA should have a short form
agreement. The Committee did not favour the suggested FAR document, as there were already
numerous examples of short contacts available. The problem seemed to be the reluctance of
OAA members to use a contract of any format.
It was suggested that Council could be approached on the educational aspect to members.
FAR would be further consulted based on PC’s comments and Greenberg would develop
Practice Tip on why to use a contract.
Update on CCDC 14 – “Design-Build, Stipulated Price Contract”
PC had reviewed the document previously and had forwarded comments to Practice Advisory
Services (PAS.) A formal OAA response was then forwarded to the CCDC.
In addition, the Committee discussed CCDC preparing Document 15, 2000 Design-Builder –
Builder Consultant Contract and that client/architect agreements should only be done by the
RAIC. A draft OAA position for the Committee’s review would be crafted by Greenberg.
RAIC Draft Fee Guideline – Consultation Draft
The OAA (via PC) had been requested to review the RAIC Draft Fee Guideline for comments.
PC was informed that many provincial fee schedules had been reviewed in the preparation of
this draft, which would then be re-distributed to RAIC members, incorporating submitted
comments.
A comment was made that if the RAIC was issuing a national fee schedule, an Ontario version
should perhaps not co-exist, to avoid any possible contradictions/discrepancies regarding
multiple documents
Other comments included:
- a fee schedule is a consensus document
- a national document on fees is challenging
- the Royal Institute of British Architects (RIBA) have found broad acceptance from their client
base with their guide
- a successful guide would incorporate a strategy that targeted clients at every level
- not all Ontario architects are in agreement as to the application of a fees guide, which
unfortunately cannot be regulated
- to be successful, the guide should connect services to fees
- the guide should also relate to Quality Based Selection (QBS)
PAS would further review the document and prepare list of comments for advancement to the
RAIC.
Toronto Construction Association (Opportunity for Presentation on Electronic Tendering)
4
A member had been approached by the Toronto Construction Association to speak to PC on
electronic tendering. There is currently no clear OAA position on this issue. The Ontario
General Contractors Association (OGCA) had expressed concern over the fees involved in
downloading the forms. Although it was decided to forestall a speaker on electronic tendering
at this time, this topic was to be added to the next meeting agenda for further discussion, under
the heading of “PC Objectives for 2009”. The member would contact the Toronto Construction
Association to relay PC’s determination.
Opportunity for Presentation on Sprinklers by Linda Jeffrey
The Chair informed PC that there was the opportunity for Linda Jeffrey to speak to the group on
the proposal of having residential buildings sprinklered.
Upon discussion, PC felt it was inappropriate for the OAA to sanction a formal position on this
issue. A suggestion was made to await any determination from National. The Chair to speak to
Ms. Jeffrey to decline the opportunity.
Report on CCDC
The Committee was informed that OAA Practice Advisor, Aitken, would attend the CCDC
meeting in Vancouver at the end of March.
It was suggested by the Chair that an item entitled the “Education of CCDC” be added to the
next meeting agenda, for discussion as a prospective orientation/guidance topic for members.
Report on EABO
th
The Chair advised PC that the first meeting of 2009 was on March 4 , with meetings to be held
on a quarterly basis.
One member asked if there was any further development on a former meeting topic regarding
the OAA’s participation at the annual OBOA conference this October, in Huntsville. There
would be an opportunity for OAA technical sessions focused towards Building Officials. EABO
was also to be approached about participation. The Chair would contact Paul Roth, Chair of
EABO for an update.
PC was informed that Pro-Demnity had recently received phone calls from members regarding
Green Roofs. It was noted that the Toronto Society of Architects (TSA) had a delegation to
speak to this trendy topic The group briefly discussed the immense cost factors and difficulties
of the implementation of such a directive.
Follow-Up re PC Reports to Council re: BIM Think Tank, Web Based Practice Forum and
Business Based Tools
PC was informed that at the February Council Planning Session, Council directed the Vice
President, Practice to refer the issue of a Web-based Forum to the Communications Committee
for further discussion and consideration.
Council had indicated they would welcome more investigation on Business-based tools.
The Chair stated that a PC report on Building Information Modeling (BIM) had been presented
to Council, whereby Council approved further investigation. It was disclosed that Con-Ed was
developing BIM programs for the OAA Conference in May. The suggestion of a BIM “think tank”
involving both architectural and non-architectural firms, as well as legal counsel, could also be
further explored.
A PC BIM sub-committee was created with the directive of investigating BIM issues in further
detail. Stephenson would chair the sub-committee, with Aitken, Dreessen, Kayal and March as
5
members. Hackett would also act as a resource. The sub-committee would present its findings
to Council in the Fall, also addressing any funding that might be required. A member noted that
FAR had also indicated an interest in funding BIM.
Report from the Sub-Committee on Building Codes and Regulations (SCOBCAR)
(As attached)
Post Meeting Item: “Rebranding” of Document 600
The Chair was contacted post-meeting by a member who suggested PC might consider a
discussion of “rebranding” Document 600. Some of the components to consider would include:
outlining the basic requirements of Document 600 that can be modified (and not modified) by
the members for use and customization; provide some examples of modifications to the
document for residential, small commercial and other “short form contract” applications; develop
accessory documents to Document 600 including a standard amendment form, a standardized
letter of suspension of services, termination of services, etc., and a marketing strategy for
Document 600.
The Chair asked that this topic be added to the next meeting agenda for further consideration
by the Committee.
Action:
For information only. No action is required at this time.
5.7.b
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
From:
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.7.b
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
Committee Members:
Gerrie Doyle
Sean O’Reilly
Ian Hill
Vlad Popovic
Chris Fillingham
Jane Burgess
David Craddock
Date:
April 22, 2009
Subject:
Strategic Opportunities Committee Update
Objective:
To update Council on activities of the Strategic Opportunities Committee.
Background:
1. A meeting of the Strategic Opportunities (SOC) was held on April 21, 2009. A copy of the
meeting agenda is attached for information. As a quick reminder SOC is the strategic liaison
that has been established between the OAA, the Ontario General Contractors Association
(OGCA), Consulting Engineers Ontario (CEO), the Association Registered Interior Designers of
Ontario (ARIDO) and the Ontario Realty Corporation (ORC).
2. Of particular note was the ‘wrap up’ discussion relative to the work that has been done over
the last year by the Contracts Working Group functioning under the SOC. Specifically,
completion of the Standard ORC Construction Contract as well as the Standard Consultant
Agreement were discussed. Attached for information is a copy of the latest SOC Joint
Communiqué which highlights the issuance of the ORC Consultant Agreement. Use of both of
this agreement and the ORC Construction Contract are being mandated by ORC for use on
ORC projects i.e. the Project Management Service Providers (PMSP) are required to administer
them. I have also attached for Council’s information a copy of the final set of the supplementary
conditions for the Consultant Contract as well as the Schedules that accompany the agreement.
3. The attached Joint Communiqué was issued to OAA members via the last ebulletin along
with some additional explanation for members with respect to the OAA’s involvement in
negotiating the supplementary conditions and how members can gain insight into their intention
and implications. I have briefed OAA Practice Advisory Service staff on dealing with questions
2
from members, particularly in understanding the implications of the conditions so that they can
make informed business decisions when engaging in ORC projects.
These supplementary conditions to the consultant contract are a result of a number of meetings
between the OAA members of the Contracts Working Group and the Ontario Realty Corporation
as well as input from OAA staff and Pro-Demnity Insurance Company. The contract has been
issued as ‘interim’ as there are a few items that the group agreed would continue to be
discussed and possibly amended or altered in the next edition. In addition, OAA legal counsel
is conducting a review of the supplementary conditions for the purpose of highlighting any legal
matters that architects should be made aware of in entering into an ORC agreement.
It should be recognized that the very first iteration of the document drafted by ORC contained a
fair number of elements which the OAA pushed back on. This push back and subsequent
discussions resulted in restoration of a number of elements that the ORC had wanted
changed/deleted. This exercise has also highlighted that, as a public client and agent of the
Crown, certain restrictions are placed on the ORC and/or needs exist which must be addressed
within the contract documents. While the industry did not achieve all of the desired outcomes
from the Consultant’s perspective the 'supplementaries' represent a concerted effort to create a
more balanced and consistent agreement which has not existed up until this point.
4. Also of note, and as discussed at the April 21 SOC meeting, a ‘road show’ is being arranged
by ORC to help communicate ORC’s new business model to the industry. All SOC partners will
assist in advertising these events to their members which will take place over the next 4 months
or so.
5. As the new Contracts are rolled out through the PMSPs there will be ongoing monitoring of
their implementation and any issues that arise in terms of their use, or with respect to specific
clauses, will be compiled and brought back to the contracts working group for further
discussion.
6. The ongoing ‘Register’ mechanism which was instituted during the early stages of
resurrecting the relationship between the ORC and the industry is being maintained and has
proven to be very useful in dealing with our own member’s issues and concerns with respect to
ORC projects in a timely manner.
Action:
For information only. No action is required at this time.
4.0
Report re. Issues Register
5.0
Communications
5.1
Communiqué 10 - Consultant Contract
Watkinson
5.2
Discussion: additional communiqués
All
5.3
Brief re. requirements in consultant contract re. cost overruns Watkinson
6.0
Education, Participation at Association Events, etc.
6.1
The “road show”
6.2
Other Association events
Watkinson
All
7.0
Refresh of Memorandum of Understanding
All
8.0
Review of Action Items Outstanding and Next Steps
Watkinson et al
9.0
Other business
9.1
Role of SOC during transition to new delivery model
All
10.0
Next Meeting
All
SOC Agenda
April 20, 2009
Page 2 of 2
Watkinson, Greidanus
Agenda
Meeting/ Purpose
Strategic Opportunities Committee
Reminder - Group photo will be taken for ORC Annual Report
Date/ Time
Monday April 20, 2009
Venue
ORC Offices
20th Floor, 1 Dundas Street West, Toronto
1400 to 1515
Dial in: 416-212-0400 (Local) or 1-866-355-2663 (Toll Free)
Code : 3140
Attending
reps:
Ontario Realty Corporation
Association of Registered Interior Designers of Ontario
Consulting Engineers of Ontario
Ontario General Contractors Association
Brian Watkinson, Strategies 4 Impact! Inc.
1.0
Report from Working Group - Contracts
1.1
Contractor contract – PMSPs and supplementary conditions
1.2
Consultant contract – OAA Document 600
1.2.1 Supplementary conditions - association legal review
and outstanding items
1.2.2 Schedules
1.3
“As Builts” vs. “Record Drawings”
1.4
Guide to Project Specific Supplementary Conditions
1.5
Next steps
2.0
Report
3.1
3.2
3.3
3.4
3.5
3.6
3.0
Update re. Project Management Service Providers
All
from Working Group – Qualification, Evaluation, Procurement
Update - Contractor Vendor of Record RFQ's
Greidanus
Update - Consultant Vendor of Record RFQ’s
Greidanus
Consulting Engineer Vendor of Record RFQ
Greidanus
Contractor Performance Assessment Policy
Watkinson
Procurement
Watkinson
Next steps
54 Loring Crescent
Markham, Ontario L3R 0G2
tel. 416.409.7393
Greidanus
www.strategies4impact.com
Strategic Opportunities Committee
Communiqué 10 Final
2009 04 21
Key Messages
Ontario Realty Corporation (ORC) adopts new consultant contract
contract is based on Ontario Association of Architects (OAA) Document 600 with
ORC standard supplementary conditions that have been developed in
consultation with the industry via the Strategic Opportunities Committee (SOC)
ORC and its project management service providers are now using this
new contract
contract is being used for architects and interior designers, and will be
used for consulting engineers once ORC establishes the Vendor of
Record list for consulting engineers later this year
this is a "first stage release" of the new contract because a few provisions are still
under discussion via SOC
ORC is preparing guidelines for project specific supplementary conditions in
consultation with the industry and PMSPs
the guidelines are important to maintain the certainty and consistency that
have been established with the new contract
Ontario Realty Corporation Adopts New Consultant Contract
Contract based on OAA Document 600 with Standard ORC Supplementary Conditions
The Ontario Realty Corporation(ORC) has begun using a new contract for design
consultants. The new contract uses the Ontario Association of Architects (OAA)
Document 600, the Standard Form of Contract for Architect's Services, supported by a
standard set of supplementary conditions that have been developed in consultation with
the industry through the Strategic Opportunities Committee (SOC). This parallels the
approach taken by ORC in developing its new construction contract based on the
industry standard CCDC 2 document and is a key element of ORC’s strategy to
streamline its contracting approaches and be more attuned to industry best practice.
ORC and its project management service providers are currently using the new
consultant contract when engaging architects and interior designers. Once ORC
establishes the Vendor of Record list for consulting engineers later this year, this new
contract will also be used when engineering companies are being engaged as prime
consultant.
In announcing the move to the new consultant contract, ORC Senior Vice President,
Project Services Mike Greidanus said "We are very pleased with the continued
collaborative sprit and constructive input we received from the industry during this
consultation process."
Greidanus characterizes the introduction of this new contract as a "first stage release",
noting that a small number of provisions are still under discussion at SOC. "We were
anxious to get the new contract into use as quickly as practical because of the benefits
it brings to ORC in servicing our clients, and to the consultants who are engaged on our
projects. This approach enables us to do so while we continue discussing those last few
outstanding terms."
OAA President Gerrie Doyle commented "We all welcome this very proactive move by
ORC to adopt industry standard contracts. The profession recognizes that major clients
like ORC often have their own specific requirements when engaging consultants and
while the OAA has not necessarily endorsed each individual condition, we were pleased
to provide input into the development of conditions that would meet those needs while
at the same time attempting to strike a reasonable balance with the interests of the
design professions. We see this "first stage" version as a major improvement over the
previous ORC contract, and are encouraged that this will be the standard for ORC. Our
members can make their decision to pursue ORC work based on the knowledge that a
standard agreement and set of supplementary conditions is in place."
Clive Thurston, President of the Ontario General Contractors Association said "The
consistency and certainty that has been established with the new construction and
consultant contracts is a major achievement and will be of great value to ORC, its
clients and the industry." It is anticipated that project specific supplementary conditions
may be necessary to address the unique circumstances of a particular project.
Thurston added "The industry is very pleased to learn that ORC is developing a
guideline for the use of project specific conditions to preserve that consistency. We're
anxious to work with ORC as those are created."
Deborah Rutherford, President of the Association of Registered Interior Designers of
Ontario added "ORC's approach drives real efficiencies for our industry because it has
adopted industry standard language and approaches. We believe this will provide best value
for ORC because of the talented companies that this refreshing approach to public contracting
will attract."
ORC is currently planning what the industry is calling a "road show" later this Spring
with a series of presentations planned in a number of locations around the province to
familiarize design professionals and contractors with ORC's updated project delivery
model and these new contracts.
The Ontario Realty Corporation is a crown corporation of the Government of Ontario
and, as one of Canada’s largest real estate management companies, is a major
customer of Ontario’s design and construction sector, initiating 2,000 to 2,500 projects
last year worth approximately $400 million.
The Strategic Opportunities Committee (SOC) was originally initiated in 2004 and was
re-energized in 2008 at the invitation of ORC President and CEO David Glass to
facilitate constructive consultation between ORC and the design and construction
industry. Participants in this standing liaison committee include Consulting Engineers of
Ontario, the Ontario General Contractors Association, the Ontario Association of
Architects and the Association of Registered Interior Designers of Ontario, as well as
ORC itself.
Additional background on the Strategic Opportunities Committee is available by
reviewing all previous SOC Communiqués on the ORC website www.ontariorealty.ca click on "What's New" and "News Archives".
END
SUPPLEMENTARY CONDITIONS
The Ontario Association of Architects Standard Form of Contract for Architect’s Services,
Document 600, 2008 consisting of the Agreement, Definitions, General Conditions Parts 1 to 12
inclusive, and Schedules governing same is hereby made part of these Contract Documents, with
the following amendments, additions and modifications:
These Supplementary Conditions have been developed by Ontario Realty Corporation, in
collaboration with the Strategic Opportunities Committee (SOC) which represents the formalized
liaison between Ontario Realty Corporation and the design, engineering and construction
industry.
The Ontario Association of Architects Standard Form of Contract for Architect’s Services,
Document 600, 2008 is hereby adapted for use by and reflects the agreed terms and conditions
between the client and Prime Consultants.
All references in the Ontario Association of Architects Standard Form of Contract for Architect’s
Services, Document 600, 2008 to the “Architect” shall be replaced with “Prime Consultant”.
All references in this contract to the "client" shall refer to the entity identified in A2, which entity
may be Ontario Realty Corporation, acting as agent for Her Majesty the Queen in Right of
Ontario or a PMSP retained by Ontario Realty Corporation under Master Services Agreements
dated December 16, 2008, but all rights, benefits, or entitlements reserved to the "client" under
the terms of this contract shall equally accrue to and be jointly or severally enforceable by
Ontario Realty Corporation, Her Majesty the Queen in Right of Ontario, and the client.
AGREEMENT
ARTICLE A-7 – PRIME CONSULTANT’S SERVICES
Delete the words “the following schedule(s) affixed to this contract ________,”
and replace with “Schedule “A” affixed to this contract.”
ARTICLE A-8 – CLIENT’S INFORMATION
Delete the words “the following schedule(s) affixed to this contract ________,”
and replace with “Schedule “B” affixed to this contract.”
ARTICLE A-9 – CONSULTANTS ENGAGED
Delete A-9 entirely and substitute the following:
March 18, 2009
-2-
The Prime Consultant and the client will engage Consultants as listed in Schedule
“C” affixed to this contract. The Prime Consultant shall coordinate the services
of all of the Consultants listed in Schedule “C” affixed to this contract. The
Prime Consultant and client shall each notify the other in writing of any proposed
change of Consultant and shall not make such change without the prior written
consent of the client, which consent shall not be unreasonably withheld.
ARTICLE A-10 – PRIME CONSULTANT’S FEES
For the Prime Consultant’s services as outlined in Schedule “A” identified in
Article A-7, the fee shall be computed as outlined in Schedule “D” affixed to this
contract.
ARTICLE -11 – ADMINISTRATIVE CHARGE
Delete A11 entirely.
ARTICLE -12 – AUTOMOBILE TRAVEL COSTS
A-12 The rate for calculating automobile travel costs shall be the rate specified
in the then current travel directive issued by the Government of Ontario,
but such rate shall only be paid for the portion of travel distances greater
than 20 kilometres per one-way trip.
ARTICLE -13 – RETAINER FEE
Delete A13 in its entirety.
ARTICLE -14 - INVOICES
Amend A14 by deleting the phrase “upon receipt” and substituting therefore the
phrase “within 45 days following the approval”.
-3-
ARTICLE -15 - INTEREST
Amend A15 by deleting the phrase “of ______% per annum, commencing
________ days after the date that the Prime Consultant submits the invoice” and
substitute the with the following words: “established from time to time by the
Minister of Finance (Ontario) commencing 30 calendar days after the date when
the payment became due until payment is made.
ARTICLE A-18 – CONFLICT OF INTEREST
Delete A18 entirely and substitute the following:
18.1
The Prime Consultant, all of the Consultants, and any of their respective
advisors, partners, directors, officers, employees, agents, and volunteers
shall not engage in any activity or provide any services where such
activity or the provision of such services creates a conflict of interest
(actually or potentially, in the sole opinion of the client) with the provision
of the professional services pursuant to this contract. The Prime
Consultant acknowledges and agrees that a conflict of interest includes the
use of confidential information where the client has not specifically
authorized such use.
18.2
The Prime Consultant shall disclose to the client, in writing, without delay
any actual or potential situation that may be reasonably interpreted as
either a conflict of interest or a potential conflict of interest, including the
retention of any Consultant that is directly or indirectly affiliated with or
related to the Prime Consultant.
18.3
The Prime Consultant covenants and agrees that it will not knowingly hire
or retain the services of any employee or previous employee of the Ontario
Realty Corporation or the Ontario Public Service where to do so
constitutes a breach by such employee or previous employee of the Public
Service of Ontario Act and its Regulations as they may be amended from
time to time.
18.4
A breach of this Article by the Prime Consultant, any of the Consultants,
or any of their respective advisors, partners, directors, officers, employees,
agents, and volunteers shall entitle the client to terminate this contract, in
addition to any other rights and remedies that the client has in this
contract, in law, or in equity.
ARTICLE A-19 - CONFIDENTIALITY
Add new Article A-19- CONFIDENTIALITY as follows:
19.1
The Prime Consultant agrees that it shall, both during or following the
term of this contract, maintain the confidentiality and security of all
confidential information and personal information, and that it shall not
-4-
directly or indirectly disclose, destroy, exploit, or use any confidential
information or personal information, except where required by law,
without first obtaining the written consent of the client. The Prime
Consultant may disclose confidential information provided to the Prime
Consultant by the client to any Consultant, if the Prime Consultant
discloses only such information as is necessary to fulfill the purposes of
this contract and the Prime Consultant has included a commensurate
confidentiality provision in its contract with the Consultant.
19.2
The Prime Consultant acknowledges that it will comply with all
requirements of the Personal Information Protection and Electronic
Documents Act. The Prime Consultant acknowledges that the Ontario
Realty Corporation and Her Majesty the Queen in Right of Ontario are
bound by the provisions of the Freedom of Information and Protection of
Privacy Act (“FIPPA”). The Prime Consultant further acknowledges that
Ontario Realty Corporation and Her Majesty the Queen in Right of
Ontario may be required to disclose any or all of the confidential
information and personal information in the event that it is compelled to
do so by law, through a request under FIPPA, or by the rules of any
applicable regulatory authority.
19.3
For the purposes of this Article, personal information has the same
definition as in subsection 2(1) of FIPPA and includes an individual’s
name, address, age, date of birth, sex, and religion, whether recorded in
printed form, on film, by electronic means, or otherwise and disclosed to
the Prime Consultant, and confidential information means all the
information or material of Ontario Realty Corporation and Her Majesty
the Queen in Right of Ontario that is of a proprietary or confidential
nature, whether it is identified as proprietary or confidential or not,
including but not limited to information and material of every kind and
description (such as drawings and move-lists) which is communicated to
or comes into the possession or control of the Prime Consultant at any
time, but confidential information shall not include information that:
.1
is or becomes generally available to the public without fault
or breach on the part of the Prime Consultant, including
without limitation breach of any duty of confidentiality
owed by the Prime Consultant to the client or to any third
party, but only after that information becomes generally
available to the public;
.2
the Prime Consultant can demonstrate to have been
rightfully obtained by the Prime Consultant from a third
party who had the right to transfer or disclose it to the
Prime Consultant free of any obligation of confidence;
-5-
.3
the Prime Consultant can demonstrate to have been
rightfully known to or in the possession of the Prime
Consultant at the time of disclosure, free of any obligation
of confidence; or
.4
is independently developed by the Prime Consultant
without use of any confidential information.
DEFINITIONS
Revise definition of “General review” so it reads as follows:
General review means review during visits to the place of work (and where
applicable, at locations where building components are fabricated for use at the
project site) at intervals appropriate to the stage of the construction that the Prime
Consultant in its professional discretion, considers necessary to become familiar
with the progress and quality of the Work and to determine that the construction,
enlargement or alteration is in general conformity with the design governing the
construction enlargement or alteration and reporting thereon.
Add the following definitions:
Prime Consultant means the individual or entity engaged by the client and
identified as such in the Agreement. The Prime Consultant includes the holder of
a certificate of practice issued by the Ontario Association of Architects under the
Architects Act; the holder of a certificate of authorization issued by Professional
Engineers of Ontario under the Professional Engineers Act, and an individual who
is registered with the Association of Registered Interior Designers of Ontario, or
an entity that operates under the direction of an individual who is registered with
the Association of Registered Interior Designers of Ontario.
Record drawings means the drawings that are prepared by the Prime Consultant
by revising the editable CAD files prepared to current ORC standards to reflect
changes from the construction drawings made during construction based on:
content of as built drawings prepared by the contractor; and
changes in response to site instructions, change orders, change directives
and other direction given by the Prime Consultant.
-6-
GENERAL CONDITIONS
1.1
Where a General Condition or paragraph of the General Conditions of the
Contract for Prime Consultant’s Services is deleted by these Supplementary
Conditions, the numbering of the remaining General Conditions or paragraphs
shall remain unchanged, and the numbering of the deleted item will be retained,
unused.
GC 1
CLIENT’S RESPONSIBILITIES
GC 2.2
.1
Delete the third sentence of GC1.1
.2
Delete GC 1.2.5 entirely
.3
.4
.5
PRIME CONSULTANT’S RESPONSIBILITIES
.1
Delete GC 2.2 entirely and substitute new GC 2.2:
2.2
GC 3
The Prime Consultant shall maintain and keep accurate Project
records (which means all tangible records, documents, computer
printouts, electronic information, books, plans, Construction
Documents, accounts, Record drawings or other information
relating to the Work) in its office in Ontario in accordance with
requirements of law, but in any event for not less than 6 years from
Substantial Performance of the Work or until all claims have been
settled. During this time, the Prime Consultant shall allow the
client and Ontario Realty Corporation access to the Project records
during normal business hours upon the giving of reasonable notice.
The Prime Consultant shall include equivalent provisions to those
provided herein in each consulting contract and shall require the
Consultants to incorporate them into every level of contract
thereunder for any part of the Work.
CONSTRUCTION BUDGET AND CONSTRUCTION COSTS
.1
Delete the word “three” in the first line of GC 3.2 and replace it with the
word “six”.
.2
Add new GC 3.5 as follows:
-7-
3.5
GC 4.2
The Prime Consultant will develop an estimate of final
construction costs immediately following the tender of the
construction – Post Tender Estimate. Except where increases in
construction costs are beyond the reasonable control of the Prime
Consultant, should the cost to complete the Work exceed the Post
Tender Estimate by more than 5%, the Prime Consultant's fee
shall be reduced by the percentage amount that the cost to
complete the Work exceeds the 105% of Post Tender Estimate, but
in no case shall the fee be decreased by more than 10 percent
under this provision.
CERTIFICATE FOR PAYMENT
.1
Add the following to the end of GC 4.2:
“However, the Prime Consultant shall not issue a certificate of payment
unless and until the contractor has submitted a fully completed application
for payment as set out in the construction contract.”
GC 5.4
COPYRIGHT AND USE OF DOCUMENTS
.1
Delete the words “including all fees and expenses of suspension or
termination”, and add to the end of the sentence “, except any amounts in
dispute between the parties.”
.2
Add a new GC 5.6 to GC 5.9 as follows:
5.6
The Prime Consultant consents to the right of the client to enlarge,
alter or demolish the building, or in any other way alter the design
without such work violating the moral rights of the Prime
Consultant. Acting in good faith, the client may, but shall not be
obliged to, in cases of significant restoration, alteration or addition,
consult with the Prime Consultant as to how best retain the
integrity of the Prime Consultant's work while providing for the
new work.
5.7
The Prime Consultant and its Consultants shall make all best
efforts to avoid inclusion of designs, processes and equipment
infringing applicable patents in the Project. In the event designs or
equipment employed or provided are later claimed or found to be
infringing, the Prime Consultant and its Consultants shall resolve
any such situations at no cost to the client, except where there has
not been an infringement of a patent.
-8-
GC 6.1
5.8
Unless otherwise agreed to in writing, in advance, any process or
design developed by the Prime Consultant and its Consultants
specifically for inclusion in the Project shall be the property of the
client and any patents sought for same shall be applied for and
taken out in the client's name, responsibility, and expense. The
Prime Consultant shall co-operate with the client in obtaining
these patents.
5.9
The Prime Consultant consents to the right of the client to reuse
the editable CAD files prepared to current ORC standards
developed by the Prime Consultant and its Consultants, for future
renovations. Any such reuse by the client will be at the client’s
sole risk, without liability to the Prime Consultant.
PROJECT IDENTIFICATION
.1
For large building Projects only, the Prime Consultant may request
the client’s permission, which permission may be granted or
denied in the client’s sole discretion, to sign the building that is
erected by inscription, or otherwise, on a permanent, suitable and
reasonably visible part of the building.
GC 7
LIABILITY OF THE PRIME CONSULTANT
.1
7.1
The Prime Consultant hereby agrees to put in effect and maintain
for the duration of this contract, at its own cost and expense, with
insurance companies licensed to do business in the Province of
Ontario, all the necessary and appropriate insurance that a prudent
person in the business of the Prime Consultant would maintain,
including, but not limited to, the following:
.1
Commercial General Liability insurance on an
occurrence basis for third party bodily injury,
personal injury and property damage, to an inclusive
limit of not less than five million ($5,000,000)
dollars per occurrence, which policy is to include:
.1 contractual liability coverage;
.2 cross-liability clause; and
.3 employer’s liability coverage.
-9-
Such coverage shall continue and remain in full
force and effect throughout the warranty period of
the Project.
.2
Professional Liability Insurance for errors and
omissions in the performance or failure to perform
the professional services, in the amount of:
.1 not less than two hundred and fifty thousand
($250,000) dollars per occurrence and not less
than one million ($1,000,000) in the aggregate, if
the Prime Consultant’s fee is less than twentyfive thousand ($25,000) dollars;
.2 not less than five hundred thousand
($500,000) dollars per occurrence and not less
than two million ($2,000,000) in the aggregate, if
the Prime Consultant’s fee is between twenty-five
thousand ($25,000) dollars and one hundred
thousand ($100,000) dollars;
.3 not less than one million ($1,000,000)
dollars per occurrence and not less than two
million ($2,000,000) in the aggregate, if the Prime
Consultant’s fee is greater than one hundred
thousand ($100,000) dollars and up to one million
($1,000,000) dollars;
.4 not less than two million ($2,000,000)
dollars per occurrence and in the aggregate, if the
Prime Consultant’s fee is greater than one million
($1,000,000) dollars;
or as otherwise set out in the tender call
documents.
.3
With the exception of Professional Liability
insurance coverage, all applicable coverage required
under this contract shall include the client, which
for greater certainty includes Ontario Realty
Corporation and Her Majesty the Queen in Right of
Ontario, as an additional insured with respect to
liability arising in the course of performance of the
Prime Consultant’s obligations under, or otherwise
in connection with, this contract and shall provide
for thirty (30) day written notice of cancellation,
termination, or material change to the client. The
Prime Consultant shall provide the client with proof
of the insurance required by this contract in the
- 10 -
form of valid certificates of insurance that reference
this contract and confirm the required coverage, on
or before the commencement of this contract, and
renewal replacements upon renewal of such
insurance. Upon the request of the client, a copy of
each insurance policy shall be made available to it.
The Prime Consultant shall strictly require that each
of its Consultants complies with the insurance
requirements set out in this contract by obtaining
similar types of insurance as the Prime Consultant
and providing the Prime Consultant with proof of
the acquisition and maintenance of such insurance.
.2
Delete the first sentence of GC 7.2.
.3
Delete GC 7.4.2 entirely and replace with:
“be responsible for acts or omissions of the contractor,
subcontractors, suppliers or any other persons performing any of
the Work, but however, will notify the client in a timely manner, in
writing, of any such acts or omissions the Prime Consultant
observes during any site or General reviews and/or site meetings.”
.4
Add the following at the end of GC 7.4.4:
“except to the extent that the Prime Consultant has specified a
procedure for removal of toxic or hazardous substances or
materials in the Construction Documents, or a hazardous
procedure.”
.5
Delete GC 7.5 entirely and replace with:
7.5
The client and the Prime Consultant agree that both parties may
engage Consultants under other contracts. Where either party
engages a Consultant, that party shall be responsible for the
contract with its Consultant. Nothing in this clause shall derogate
from the Prime Consultant’s duty to coordinate all Consultants.
.6
Delete GC 7.6 entirely
.7
Add new GC 7.8, GC 7.9 and 7.10 as follows:
7.8
The Prime Consultant agrees that the client and its directors,
officers, employees, and appointees shall not be liable for any
injury (including death) or damage suffered by a director, officer,
employee, agent, independent contractor or Consultant of the
Prime Consultant, or for the loss of or damage to the property of
the Prime Consultant or of its Consultant, or their respective
- 11 -
directors, officers, agents, employees, or independent contractors
in any manner based upon, occasioned by or in any way
attributable to the professional services, unless the injury, loss or
damage is caused by the negligence of a director, officer employee
or appointee of the client while acting within the scope of his or
her employment.
GC 8
7.9
The Prime Consultant shall indemnify and hold harmless the
client, Ontario Realty Corporation, Her Majesty the Queen in right
of Ontario, and their respective agents, appointees, directors,
officers and employees from and against claims, demands, losses,
expenses, costs, damages, actions, suits or proceedings that arise
out of or are attributable to the Prime Consultant's performance of
the Contract. Nothing in this paragraph 7.9 shall limit any claim
that Ontario Realty Corporation, Her Majesty the Queen in right of
Ontario, or the client may have under the insurance coverage to be
provided under General Condition 7.1 - INSURANCE.
7.10
The Prime Consultant shall not be liable for any damages arising
out of the client’s reuse of editable CAD files developed by the
Prime Consultant as contemplated under GC 5.9.
SUSPENSION AND TERMINATION
.1
Delete GC 8.1, and replace with:
8.1
The client may suspend the provision of services by the Prime
Consultant under this contract at any time for any reason and
without cause upon giving the Prime Consultant written notice to
that effect.
In such event, the Prime Consultant shall be entitled to be paid for
all services performed to the date of suspension and be
compensated for all actual costs incurred arising from the
suspension, and such other damages as the Prime Consultant may
have sustained as a result of the suspension, but in no event shall
the Prime Consultant’s actual costs continue to accrue during
suspension, and in no event shall the Prime Consultant be entitled
to be compensated for any indirect, special, or consequential
damages incurred.
In the event that the suspension continues for more than 180
calendar days, the contract shall be deemed to be terminated and
the provisions of GC 8.10 shall apply.
.2
Delete the word “forty-five” in GC 8.2 and substitute with the word
“ninety”.
- 12 -
.3
Add the word “permitted” following the fifth word of the first sentence of
GC 8.6. In the third sentence of GC 8.6, delete the words “thirty days of
the date that the invoice for suspension of services is submitted” and
substitute with the words “forty-five days following the approval of
invoices.”
.4
Delete GC 8.7 entirely
.5
Add the following at the end of GC 8.8.3:
“provided the Prime Consultant has completed all professional
services called for under this contract, except where prevented by
reasons beyond the Prime Consultant’s control; or”
.6
Delete GC 8.8.4 entirely.
.7
Delete GC 8.9 entirely.
.8
Delete GC 8.10 and replace with the following:
8.10
.9
The client may terminate the provision of services by the Prime
Consultant under this contract at any time for any reason and
without cause upon giving the Prime Consultant written notice to
that effect. In such event, the Prime Consultant shall be entitled to
be paid for all services performed to the date of termination and be
compensated for all actual costs incurred arising from the
termination, but in no event shall the Prime Consultant be entitled
to be compensated for any loss of profit on unperformed portions
of the Work, or indirect, special, or consequential damages.
Delete GC 8.11, GC 8.12, and GC 8.13 entirely, and replace with the
following:
8.11
Upon termination, the Prime Consultant shall, in addition to its
other obligations under this contract and at law:
.1 at the client’s request, provide the client with a report
detailing (i) the current state of the provision of services by
the Prime Consultant at the date of termination; and (ii)
any other information requested by the client pertaining to
the provision of the services and performance of this
contract;
.2 execute such documentation as may be required by the
client to give effect to the termination; and
- 13 -
.3 comply with any other instructions provided by the client,
including but not limited to instructions for facilitating the
transfer of its obligations to another person or entity.
GC 10
If the client terminates the Contract pursuant to GC 8.10 the Prime
Consultant shall be entitled to be paid the actual costs incurred by
the Prime Consultant for the services requested and performed
pursuant to GC 8.11, as part of the Prime Consultant’s termination
costs.
8.13
Termination shall not relieve the Prime Consultant of its
obligations arising under this contract relating to the services
performed or money paid. In addition to its other rights of
holdback or set-off, the client may hold back payment or set-off
against any payments owed if the Prime Consultant fails to comply
with its obligations on termination.
SUCCESSORS AND ASSIGNS
.1
GC 12
8.12
In GC 10.2, change the words “contract documents” to “Prime
Consultant’s Instruments of Service” and add to end of GC 10.2 “, save
and except for the client’s standard specifications and details that are
found in substantially all of the client’s projects.”
PAYMENTS TO THE PRIME CONSULTANT
.1
Delete the first sentence of GC 12.1 and replace with the following three
sentences:
“The client will have 10 calendar days after the receipt of an invoice to
review and approve or reject that invoice. If an invoice or part thereof is
rejected, the client will notify the Prime Consultant of the disputed amount
of that invoice and the nature of the dispute within the 10 calendar day
period referred to above. Payments for all amounts that are not disputed
shall be made in accordance with Article A-14 of this contract.”
.2
.3
.4
Delete GC 12.5 and replace with the following:
12.5
If the scope of the Project or of the Prime Consultant’s services is
changed, the fees shall be adjusted accordingly, subject to the
provisions of this paragraph GC 12.5.
For additional services, or when revisions or additions are made by
the client to the program of requirements or previously approved
- 14 -
documents prepared by the Prime Consultant, and such revisions
or additions require services beyond those already provided, the
fee for such additional services shall be mutually agreed with the
client, in writing, and the Prime Consultant shall only provide
these additional services if authorized in writing by the client.
Where the client has not requested a change in the manner outlined
above but the Prime Consultant believes that instructions or
directions given by the client constitute additional services, the
Prime Consultant shall promptly notify the client of the required
additional services in writing. The fee for, and authorization to
provide the additional services, will be determined in the manner
outlined above.
Whenever any fee adjustment is contemplated, the Prime
Consultant shall provide to the client, within 5 business days, a
written quotation for the additional services setting out a detailed
description of the additional services, the methodology utilized for
calculating the additional fee requested, an amount of adjustment
for the contract price if any and the adjustment in the contract time
if any for the proposed change in the services. The quotation shall
also state on its face that the additional services are beyond the
scope of the original scope of work under this contract and have
not been caused by any error or omission by the Prime Consultant
or anyone for whom the Prime Consultant is responsible and do
not pertain to changes that:
.1 are required by authorities having jurisdiction at the place
of the Project, and that the Prime Consultant ought to have
reasonably foreseen; or
.2 relate to coordination issues with or between Consultants;
for which no fee adjustment shall be made. The quotation shall
also state whether, in the opinion of the Prime Consultant, the fees
for the additional services were caused by an act or omission of
the contractor. The Prime Consultant’s fees shall be based on the
rates set out in the Schedules to this contract.
The client shall approve or reject the Prime Consultant’s written
quotation within 5 business days of receipt of same. If the client
rejects the written quotation, the parties will proceed to negotiate
the cost of the additional services. Once the client has approved
the quoted or negotiated amount, it shall provide the Prime
Consultant with a written amendment to confirm the additional
services and the cost thereof.
- 15 -
If the client directs the Prime Consultant to proceed with the
additional services prior to the parties agreeing to the
corresponding adjustment in the contract price and contract time,
the client shall issue a change directive. Upon receipt of the
change directive, the Prime Consultant shall proceed promptly
with the change in Work.
The adjustment in the contract price for a change carried out by
way of change directive shall be determined on the basis of the
cost of the Prime Consultant’s actual expenditures and or any
savings attributable to the change directive valued in accordance
with the rates set out in the Schedules to this contract.
GC 14
.5
In GC 12.6, delete the words “as set forth in article A10 of the agreement
or” and add the words “in writing” to the end of the sentence.
.6
In GC 12.9, delete the words "plus an administrative charge as identified
in Article A11 of the agreement.”
CONTRACTOR PERFORMANCE
Add the new GC 14 as follows:
GC14 CONTRACTOR PERFORMANCE
The client employs the performance evaluation criteria outlined in Ontario Realty
Corporation's Contractor Performance Assessment Report as amended from time
to time (“CPAR”). The client will evaluate the performance of the Prime
Consultant with respect to the Work in accordance with CPAR.
GC 15
RECORD DRAWINGS
Add the new GC 15 as follows:
GC15 RECORD DRAWINGS
The Prime Consultant shall prepare Record drawings and provide a writable copy
of the digital files in addition to a PDF copy of the digital files to the client within
30 days of the date it receives the completed as-built drawings prepared by the
contractor.
Unless otherwise agreed in writing, until the completed Record drawings are
submitted to it, the client will retain an amount from payments to the Prime
Consultant as follows:
- 16 -
for Projects where the professional fees are less than $25,000 the amount
retained will be $2,500;
for Projects where the professional fees are greater than $25,000 but less
than $100,000 the amount retained will be $2,500, or 5% of the fee,
whichever is greater; and
for projects where the professional fees are greater than $100,000, the
amount retained will be $5,000 or 4% of the fee, whichever is greater.
Unless otherwise agreed in writing, should the Prime Consultant fail to produce
completed Record drawings within 60 days of the date it receives the completed
as-built drawings prepared by the contractor, the amount retained will be forfeited
to the client for the damages deemed to have been incurred by the client, and not
as a penalty.
C:\Documents and Settings\waltera\Local Settings\Temporary Internet Files\OLK1\OAA-SC 2009 03 18.DOC
1
Schedule A
Prime Consultant's Services (Architect)
This schedule forms part of the contract for consulting services for
Project [insert from Article A -4 in the Agreement]
Between the Client [insert from Article A-2 in the Agreement]
And the Prime Consultant [insert from Article A-2 in the Agreement]
Dated [insert from Article A-1 in the Agreement]
For the purposes of this schedule the User Group is defined as [insert
definition]
1.1 Prime Consultant's Services
1.1.1 The Prime Consultant’s services consist of those services
performed by the Prime Consultant, the Prime Consultant's
employees and the consultants engaged by the Prime
Consultant. They include the provision of architectural
services plus the provision of normal structural, mechanical
and electrical engineering services by professional
engineers when these consultants are engaged by the Prime
Consultant.
1.1.2 The Prime Consultant's services include consultant coordination to integrate all parts of the services, i.e. structural,
mechanical and electrical engineering services, landscaping
and other required services.
[Edit the following to suit the specific requirements of the
project - ideally the RFP can include a schedule which can
be imported directly into this schedule to save time and
minimize errors]
1.2 Pre-Design Services
The Prime Consultant shall:
1.2.1
Prepare detailed analyses of client's needs, in compliance
with the most current information within the Ontario Realty
Corporation Office and Workspace Guidelines, Barrier Free
Access Standards and Fire Separation Requirements.
1.2.2 Feasibility Studies
2
1.2.2.1
1.2.2.2
1.2.2.3
1.2.2.4
1.2.2.5
1.2.2.6
1.2.2.7
1.2.2.8
1.2.2.9
1.2.2.10
1.2.2.11
Review current facilities: obtain existing
electronic plans from client, tour site and
review basic building services and systems;
Review proposed facilities: obtain electronic
base building plans from landlord, tour site and
review basic building services and systems;
Evaluate feasibility of alternative sites/facilities;
Verify accuracy of base building plans through
site verification/measurement;
Produce a measured drawing of proposed
facility conditions as constructed;
Manage the application process for LEED
certification throughout the project;
Prepare and submit to the client a Verified
Base Building Plan;
Follow ORC workplace space standards for
offices and workstations ;
Develop and determine area requirements;
Prepare a room data sheet for every space
identified in the space analysis where the
Prime Consultant shall establish and record
operational, architectural, and engineering
criteria which includes but is not limited to:
1.2.2.10.1.1 Room identification criteria
1.2.2.10.1.2 Area (net areas only)
1.2.2.10.1.3 Operational criteria
1.2.2.10.1.4 Security requirements
1.2.2.10.1.5 Controlled environment
1.2.2.10.1.6 Finishes
1.2.2.10.1.7 HVAC
1.2.2.10.1.8 Lighting and power
1.2.2.10.1.9 Plumbing
1.2.2.10.1.10 Millwork
1.2.2.10.1.11 Voice/data/telecom services
1.2.2.10.1.12 Fixed equipment and related
services
1.2.2.10.1.13 Loose equipment and related
services
1.2.2.10.1.14 Furniture
1.2.2.10.1.15 AODA compliant requirements
1.2.2.10.1.16 Life Safety Requirements
1.2.2.10.1.17 Hardware requirements and code
compliance
1.2.2.10.1.18 Washrooms
1.2.2.10.1.19 Air handling/cooling equipment
1.2.2.10.1.20 Diesel generator/UPS
Prepare a program of space needs for client
approval.
1.3
3
Schematic Design
Phase
1.3.1 review the program of requirements furnished by the client
and characteristics of the site;
1.3.2 review and comment on the client's construction budget and
schedule in relation to the client's program of requirements;
1.3.3 review with the client alternative approaches to the design of
the project :
1.3.4 review applicable statutes, regulations, codes and by-laws
applicable to the design of the project and where necessary
review the same with the authorities having jurisdiction;
1.3.5 based on the mutually agreed upon program of
requirements, schedule and construction budget, prepare for
the client's review and approval, schematic design
documents to illustrate the scale and character of the project
and how the parts of the project functionally relate to each
other, and;
1.3.6 prepare and submit to the client an estimate of construction
cost and schedule based on current area or volume unit
costs.
1.4
Design Development Phase
Based on client-approved schematic design documents and
agreed estimate of construction cost and schedule, the
Prime Consultant shall:
1.4.1 prepare for the client's review and approval, design
development documents consisting of drawings and other
documents appropriate to the size of the project, to describe
the size and character of the entire project including the
architectural, structural, mechanical and electrical systems,
materials and such other elements as may be appropriate;
and
1.4.2 prepare and submit to the client a revised estimate of
construction cost and schedule, and
1.4.3 as the design of the project is developed, continue to review
applicable statutes, regulations, codes and by-laws
applicable to the design of the project and where necessary
review the same with the authorities having jurisdiction.
1.5
Construction Documents Phase
Based on client-approved design development documents
and agreed estimate of construction cost and schedule, the
1.5.1
1.5.2
1.5.3
1.5.4
1.5.5
1.5.6
1.6
4
prepare, for the
client's review and
approval, construction documents consisting of drawings
and specifications setting forth in detail the requirements for
the construction of the project:
advise the client of any adjustments to the estimate of
construction cost and schedule, including adjustments
indicated by changes in client requirements and general
market conditions
obtain instructions from and advise the client on the
preparation of the necessary bidding information, bidding
forms, conditions of the contract between the client and the
contractor
review statutes, regulations, codes and by-laws applicable to
the design of the project and where necessary review the
same with the authorities having jurisdiction in order that the
client may apply for and obtain the consents, approvals,
licenses and permits necessary for the project; and
assist the client in making application for the building permit
shall assist and advise the Requestor in obtaining bids and
in awarding and preparing tender documents for
construction.
Bidding or Negotiation Phase
Following the client's approval of the construction documents
and the latest estimate of construction cost and schedule,
the Prime Consultant shall:
1.6.1
1.7
assist and advise the client in obtaining bids or negotiated
proposals and in awarding and preparing the contract for
construction
Construction Phase – Contract Administration
1.7.1 The extent of the duties, responsibilities and limitation of
authority of the Prime Consultant as the client's
representative during construction shall be modified and
extended only with the written consent of the client and the
architectural consultant.
1.7.2 During the construction phase – contract administration, the
1.7.2.1 be a representative of the client;
1.7.2.2 advise and consult with the client
1.7.2.3 have the authority to act on the client's behalf to the
extent provided in the this contract and the
construction contract documents;
1.7.2.4 have access to the work at all times wherever it is in
preparation or progress;
1.7.2.5 forward all instructions from the client to the
contractor;
5
1.7.2.6
1.7.2.7
1.7.2.8
1.7.2.9
1.7.2.10
1.7.2.11
1.7.2.12
1.7.2.13
1.7.2.14
1.7.2.15
1.7.2.16
carry out
the
general review of the work as defined in this
contract and in accordance with applicable
statutes, and provide written reports thereon to the
client, the contractor and the chief building official;
examine, evaluate and report to the client upon
representative samples of the work;
keep the client informed of the progress and
quality of the w and report in writing to the client
defects and deficiencies in the work observed
during the course of the site reviews;
determine the amounts owing to the contractor
under the construction contract based on the
Prime Consultant’s observations and evaluation of
the contractor’s application(s) for payments;
issue certificates for payment in the value
proportionate to the amount of the construction
contract, of work performed and products
delivered to the place of work;
in the first instance, interpret the requirements of
the construction contract documents and make
findings as to the performance thereunder by both
the client and contractor
when requested in writing, render within a
reasonable time interpretations in written and
graphic form as may reasonably be required by
either the client or the contractor;
render written findings within a reasonable time,
on all claims, disputes and other matters in
question between the client and the contractor
relating to execution or performance for the work
or the interpretation of the construction contract
documents;
render interpretations and findings consistent with
the intent of and reasonably inferable from the
construction
contract
documents
showing
partiality to neither the client nor the contractor
but shall not be liable for the result of any
interpretation or finding rendered in good faith in
such capacity;
have the authority to reject work, which does not
conform to the construction contract documents,
and whenever, in the Prime Consultant’s opinion,
it is necessary or advisable for the
implementation of the intent of the construction
contract documents, have the authority to require
special inspection or testing of work, whether or
not such work has been fabricated, installed or
completed;
review and take other appropriate action with
reasonable promptness upon such contractor’s
6
1.7.2.17
1.7.2.18
1.7.2.19
1.7.2.20
1.7.2.21
1.7.2.22
1.7.2.23
1.8
submittals as shop drawings, product data, and
samples, for conformance with the general design
concept of the work as provided in the
prepare change orders and change directives for
the client's approval and signature in accordance
with the construction contract documents;
have the authority to order minor adjustments in
the work which are consistent with the intent of
the construction contract documents where these
do not involve an adjustment in the contract price
or an extension to the contract time;
furnish supplemental instructions to the contractor
with reasonable promptness or in accordance
with a schedule for such instructions agreed to by
the Prime Consultant and the contractor;
review the as-built drawings being prepared by
the contractor and where current as-built
drawings are not presented for review determine
in accordance with the construction contract the
amount of payment to the contractor that will be
withheld until current as-built drawings are
presented;
assist with the coordination of phased moving into
swing space to facilitate the construction
throughout the project, as required;
facilitate regular site meetings (minimum one
every seven (7) days) including the client's
Project Manager, representative of the User
Group, , operations staff, consultants, general
contractor, and sub-contractors, as applicable.
Take meeting minutes and issue them no later
than three (3) days following the site meeting to
all parties;
review and coordinate the delivery of operating
and maintenance manuals;
Project Completion
1.8.1 determine the date of Substantial Performance of the work
and issue the certificate as prescribed in the Construction
Lien Act, RSO 1990, c. C.30 as it may be amended from
time to time;
1.8.2 review for completeness the list of items to be completed or
corrected submitted by the contractor and forward to the
client and contractor together with a list of any additional
items observed by the Prime Consultant;
1.8.3
1.8.4
1.8.5
1.8.6
1.8.7
7
receive from the
contractor
the
submittals that are listed in the construction contract to be
submitted with the request for the Prime Consultant to
review for substantial performance;
1.8.3.1 forward submittals to the client for review with a
written report listing any submittals listed in the
construction contract documents that have not
been submitted;
1.8.3.2 where required submittals have not been
submitted by the contractor, determine the amount
that will be retained from payments to the
contractor in accordance with the construction
contract until the submittals are submitted;
Verify the validity of the contractor’s application for final
payment and issue a certificate of final payment;
prepare record drawings as set out in this contract;
prior to the end of the period of one year following the date
of Substantial Performance of the work, review any defects
or deficiencies which have been reported or observed during
that period, and notify the contractor in writing of those items
requiring attention by the contractor to complete the work in
accordance with the construction contract.
provide client with:
1.8.7.1 one electronic PDF copy and one editable CAD file
(latest format, as per ORC standards) of the original
construction documents. The PDF copy is to be
signed and dated by the client and Prime Consultant
to establish a record of the information that was
provided;
1.8.7.2 one hard copy and one electronic PDF copy of all
site instructions, change orders, change directives
and reports on general review issued during
construction; and
1.8.7.3 editable CAD files prepared to current ORC
standards of the record drawings as set out in the
contract.
1.9
Furniture/Fixtures Inventory
The Prime Consultant shall provide the following services:
1.9.1 Furnishing Layouts:
1.9.1.1.1 make preliminary determination of furniture and
equipment requirements;
1.9.1.1.2 prepare furniture layouts in all rooms and
determine most suitable locations for existing
furniture which may vary in size;
1.9.1.1.3 conduct inventory of existing furniture and
prepare
report
recommending
reuse,
refurbishment or abandonment or existing
furniture and equipment, including cost estimates
8
for
acquiring, refurbishing and moving furniture and
equipment;
1.9.1.1.4 identify where other furniture and equipment must
be procured to meet project needs and assist
client in the selection of furniture and equipment
from Government surplus stock using lists of
surplus stock provided by the client;
1.9.1.1.5 develop a preliminary new furniture, finishes and
equipment list and cost estimate to supplement
the existing and additional reusable furniture,
furnishings
and
equipment
and
to
refurbish/reupholster as necessary all furniture
and equipment to be reused.
1.9.2 Acquisition:
1.9.2.1.1 select finishes and colours for refurbished
furniture; select new furniture complete with
finishes and colours; coordinate selections with
building finishes and ORC standards, presenting
a minimum of three options and variations; and
prepare a new furniture, refurbished furniture and
equipment list and cost estimate;
1.9.2.1.2 advise and assist the client in obtaining bids
participate in bid evaluations, notifications to
bidders and contract award;
1.9.2.1.3 prepare, with input from the User Group, a
moving plan for the relocation from existing sites
to new locations of all new and existing furniture,
furnishings, equipment, files, books and staff
effects;
1.9.2.1.4 supervise the receiving and installation of new
and relocated interlocking screen and component
systems, new and used loose furniture,
equipment and all other on-site move related
activities;
1.9.2.1.5 verify delivery of items, prepare deficiency reports
and coordinate the correction of deficiencies.
1.9.3 coordinate provision of detailed equipment requirements to
engineering consultants by the client
1.9.4 locate equipment on plans;
1.9.5 integrate special equipment in furniture plans.
1.10
Furniture Standards:
1.10.1 develop generic furniture standard footprints into detailed
specifications for pricing
1.10.2 coordinate site tours with bidders for furniture supply
1.10.3 coordinate request for responses to bidders (identifying
detailed specifications, finishes and quantities anticipated for
initial purchase, and for ongoing buying agreements);
9
1.10.4 provide
analysis
and advice to client
regarding submissions;
1.10.5 revise generic standards to reflect successful bidder's
specifications
1.10.6 revise generic furniture plans to reflect actual sizing of
successful manufacturers;
1.10.7 provide dimensions to installation supplier for provision of
installation drawings;
1.10.8 provide plan of staff numbers/names for location plans.
1.11
Custom Furniture Design:
1.11.1 design custom furniture solutions;
1.11.2 prepare custom furniture budget;
1.11.3 tender custom furniture solutions
1.11.4 make recommendations regarding submissions;
1.11.5 reserve exclusive client rights for client with manufacturers.
1
Schedule A
Prime Consultant's Services (Interior Designer)
For the purposes of this schedule the User Group is defined as [insert
definition]
1.1 Prime Consultant's Services
1.1.1 The Prime Consultant’s services consist of those services
performed by the Prime Consultant, the Prime Consultant’s
employees and the consultant engaged by the Prime
Consultant. They include the provision of interior design
services plus the provision of normal structural, mechanical
and electrical engineering services by professional
engineers when these consultants are engaged by the Prime
Consultant.
1.1.2 The Prime Consultant’s services include consultant coordination to integrate all parts of the services, i.e. structural,
mechanical and electrical engineering services, landscaping
and other required services.
[Edit the following to suit the specific requirements of the
project - ideally the RFP can include a schedule which can
be imported directly into this schedule to save time and
minimize errors]
1.2 Pre-Design Services
1.2.1 Prepare detailed analyses of client's needs, in compliance
with the most current information within the Ontario Realty
Corporation Office and Workspace Guidelines, Barrier Free
Access Standards and Fire Separation Requirements.
1.2.2 Feasibility Studies
2
1.2.2.1 review
current
facilities: obtain existing electronic plans from client,
tour site and review basic building services and
systems;
1.2.2.2 Review proposed facilities: obtain electronic base
building plans from landlord, tour site and review
basic building services and systems;
1.2.2.3 Evaluate feasibility of alternative sites/facilities;
1.2.2.4 Verify accuracy of base building plans through site
verification/measurement;
1.2.2.5 Produce a measured drawing of proposed facility
conditions as-constructed;
1.2.2.6 Manage application process for LEED certification
throughout the project;
1.2.2.7 Prepare and submit to the client a Verified Base
Building Plan;
1.2.2.8 Follow ORC workplace space standards for offices
and workstations ;
1.2.2.9 Develop and determine area requirements;
1.2.2.10 Prepare a room data sheet for every space
identified in the space analysis where the Prime
Consultant shall establish and record operational,
architectural, and engineering criteria which includes
but is not limited to:
1.2.2.10.1.1 Room identification criteria
1.2.2.10.1.2 Area (net areas only)
1.2.2.10.1.3 Operational criteria
1.2.2.10.1.4 Security requirements
1.2.2.10.1.5 Controlled environment
1.2.2.10.1.6 Finishes
1.2.2.10.1.7 HVAC
1.2.2.10.1.8 Lighting and power
1.2.2.10.1.9 Plumbing
1.2.2.10.1.10 Millwork
1.2.2.10.1.11 Voice/data/telecom services
1.2.2.10.1.12 Fixed equipment and related
services
1.2.2.10.1.13 Loose equipment and related
services
1.2.2.10.1.14 Furniture
1.2.2.10.1.15 AODA compliant requirements
1.2.2.10.1.16 Life Safety Requirements
1.2.2.10.1.17 Hardware requirements and
code compliance
1.2.2.10.1.18 Washrooms
1.2.2.10.1.19 Air handling/cooling equipment
1.2.2.10.1.20 Diesel generator/UPS
1.2.2.11
Prepare a program of space needs for client
approval.
1.3 Schematic Design Phase
The
Prime
2.3.1
2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
2.3.7
3
Consultant shall:
Prepare Block and Stack Drawings at an appropriate
scale for presentation purposes; colour coded to
differentiate departments, circulation, etc and reduced
for 81/2 x 11 report.
Prepare a minimum of two preliminary blocking,
stacking and massing options; each option shall be
resolved to the point where one recommended
blocking, stacking and massing scheme can be
finalized quickly; all program areas shall be identified
and drawn to scale, together with circulation
elements; colour shall be used to enable the client
and User Group to visualize the selected scheme in
three dimensions; narrative shall be included to
explain the block, stacking and massing concepts
and assumptions; text and diagrams together shall
permit a full understanding of the scheme; unless
otherwise provided the three options shall be capable
of being executed for the same price
2.3.2.1 Block and Stack single line diagrams
identifying functional components
and relationships of all departments,
level by level, primary vertical and
horizontal
circulation
patterns,
vertical transportation elements,
vertical service shafts, mechanical
space, entrances and exits for
proposed and existing facilities;
show diagrammatic block floor plans
of existing linked facilities to
proposed facility at link level(s) only;
identify entrances and exits.
2.3.2.2 Provide three Block and Stack
iterations for each option; identify
written pros and cons for each
option, incorporate client/User Group
feedback and make
recommendations regarding the
optimum solution in draft and final
drawings and report.
Provide diagrams to illustrate high level functional
relationships in preparation for the blocking, stacking,
and massing diagram stage.
Coordinate
with
mechanical,
electrical
and
communications
consultants
to
determine
location/adjacency requirements;
Coordinate with other specialists if required
Conduct code compliance review of schematic plan to
coordinate compliance with authorities having
jurisdiction;
Develop phasing strategies related to moves;
4
2.3.8 Prepare one
schematic
design for client approval;
2.3.9 Prepare a cost estimate for client approval.
1.4 Design Development Phase
Based on approved schematic design documents and agreed
estimate of cost and schedule, the Prime Consultant shall:
2.4.1 prepare design concepts in presentation format. The
Prime Consultant shall prepare two (2) options, which
shall include the following elements as a minimum:
2.4.1.1 A layout of each floor plate showing
each discrete room/area arranged in
accordance
with
the
functional
relationship spreadsheet;
2.4.1.2 Exterior walls shall be shown in two-line
format, interior walls may be shown in
single line format;
2.4.1.3 All proposed doors, windows, opening,
shafts and stairs shall be shown;
2.4.1.4 Two or more sections through key
portions of the building which illustrate
vertical
stacking
and
ceiling
arrangements;
2.4.1.5 Cost estimates shall accompany each
design concept
2.4.2 prepare detailed space plan(s) to reflect approved
program and schematic plan. Plans to indicate all built
elements and generic furniture/equipment;
2.4.3 suggest materials and generic furniture elements to
communicate design concept;
2.4.4 prepare preliminary partition plans, reflected ceiling
plans and power/communications plans;
2.4.5 conduct code compliance review of design
development to coordinate compliance with
authorities having jurisdiction;
2.4.6 coordinate with project/engineering consultants and
client to finalize requirements;
2.4.7 liaise with client to confirm that design concept
elements conform to approved budget;
2.4.8 models;
2.4.9 renderings ;
2.4.10 CAD modeling;
2.4.11 presentation boards;
2.4.12 communications/branding/graphics applications;
2.4.13 customized solutions (e.g. custom carpet or light
fixtures);
2.4.14 one Design Development Package a and submit to
client for approval.
2.5
Furniture/Fixtures Inventory
5
The Prime Consultant
shall provide the following services:
2.5.1 Furnishing Layouts:
2.5.1.1 make
preliminary determination of
furniture and equipment requirements;
2.5.1.2 prepare furniture layouts in all rooms
and determine most suitable locations
for existing furniture which may vary in
size;
2.5.1.3 conduct inventory of existing furniture
and prepare report recommending
reuse, refurbishment or abandonment or
existing furniture and equipment,
including cost estimates for acquiring,
refurbishing and moving furniture and
equipment;
2.5.1.4 identify where other furniture and
equipment must be procured to meet
project needs and assist client in the
selection of furniture and equipment
from Government surplus stock using
lists of surplus stock provided by the
client;
2.5.1.5 develop a preliminary new furniture,
finishes and equipment list and cost
estimate to supplement the existing and
additional reusable furniture, furnishings
and
equipment
and
to
refurbish/reupholster as necessary all
furniture and equipment to be reused.
2.5.2 Acquisition:
2.5.2.1 select finishes and colours for
refurbished
furniture;
select
new
furniture complete with finishes and
colours; coordinate selections with
building finishes and ORC standards,
presenting a minimum of three options
and variations; and prepare a new
furniture, refurbished furniture and
equipment list and cost estimate;
2.5.2.2 advise and assist the client in obtaining
bids
2.5.2.3 participate
in
bid
evaluations,
notifications to bidders and contract
award;
2.5.2.4 prepare, with input from the User Group,
a moving plan for the relocation from
existing sites to new locations of all new
and existing furniture, furnishings,
equipment, files, books and staff effects;
2.5.2.5 supervise the receiving and installation
of new and relocated interlocking screen
6
and component systems, new and used
loose furniture, equipment and all other
on-site move related activities;
2.5.2.6 verify delivery of items, prepare
deficiency reports and coordinate the
correction of deficiencies.
2.5.3 coordinate provision of detailed equipment
requirements to engineering consultants by the client;
2.5.4 locate equipment on plans;
2.5.5 integrate special equipment in furniture plans.
2.6 Furniture Standards
2.6.1 develop generic furniture standard footprints into
detailed specifications for pricing
2.6.2 coordinate site tours with bidders for furniture supply
2.6.3 coordinate request for responses to bidders
(identifying detailed specifications, finishes and
quantities anticipated for initial purchase, and for
ongoing buying agreements);
2.6.4 provide analysis and advice to client regarding
submissions;
2.6.5 revise generic standards to reflect successful bidder's
specifications
2.6.6 revise generic furniture plans to reflect actual sizing of
successful manufacturers;
2.6.7 provide dimensions to installation supplier for
provision of installation drawings;
2.6.8 provide plan of staff numbers/names for location
plans.
2.7 Custom Furniture Design (optional)
2.7.1 design custom furniture solutions;
2.7.2 prepare custom furniture budget;
2.7.3 tender custom furniture solutions
2.7.4 make recommendations regarding submissions;
2.7.5 reserve exclusive client rights for client
manufacturers.
with
2.8 Construction Documents Phase
Based on client-approved development documents
and agreed estimate of
construction cost and
schedule, the Prime Consultant shall:
2.8.1 prepare, for the client's review and approval,
construction documents consisting of drawings and
specifications setting forth in detail the requirements
for the construction of the project:
2.8.2 advise the client of any adjustments to the estimate of
construction cost and schedule, including adjustments
indicated by changes in client requirements and
general market conditions
7
2.8.3 obtain
instructions
from and advise the client on the preparation of the
necessary bidding information, bidding forms,
conditions of the contract between the client and the
contractor;
2.8.4 review statutes, regulations, codes and by-laws
applicable to the design of the project and where
necessary review the same with the authorities having
jurisdiction in order that the client may apply for and
obtain the consents, approvals, licenses and permits
necessary for the project;
2.8.5 assist the client in making application for the building
permit by preparing building permit application forms
with the required BCIN numbers
2.9 Bidding and Negotiation Phase
Following the client's approval of the construction documents and
the latest estimate of construction cost and schedule, the Prime
Consultant shall:
1.9.1 assist and advise the client in obtaining bids or negotiating
proposals and in awarding and preparing the contract
for
construction
2.10
Construction Phase – Contract Administration
2.10.1
The extent of the duties, responsibilities and
limitation of authority of the Prime Consultant as
the client's representative during construction shall
be modified and extended only with the written
consent of the client and the interior design Prime
Consultant.
2.10.2
During the construction phase – contract
administration, Prime Consultant shall:
2.10.3
be a representative of the client;
2.10.4
advise and consult with the client
2.10.5
have the authority to act on the client's behalf to
the extent provided in this contract and the
2.10.6
have access to the work at all times wherever it is
in preparation or progress;
2.10.7
forward all instructions from the client to the
contractor;
2.10.8
carry out the general review of the work as defined
in this contract and in accordance with applicable
statutes, and provide written reports to the client,
the contractor and the chief building official;
2.10.9
examine, evaluate and report to the client upon
representative samples of the work;
2.10.10 keep the client informed of the progress and
quality of the Work, and report in writing to the
8
2.10.11
2.10.12
2.10.13
2.10.14
2.10.15
2.10.16
2.10.17
2.10.18
2.10.19
2.10.20
client
defects
and deficiencies in the work observed during the
course of the site reviews;
determine the amounts owing to the contractor
under the construction contract based on the
Prime Consultant’s observations and evaluation of
the contractor’s application(s) for payments;
issue certificates for payment in the value
proportionate to the amount of the construction
contract, of work performed and products
delivered to the place of work;
in the first instance, interpret the requirements of
the construction contract documents and make
findings as to the performance thereunder by both
the client and contractor
when requested in writing, render within a
reasonable time interpretations in written and
graphic form as may reasonably be required by
either the client or the contractor;
render written findings within a reasonable time,
on all claims, disputes and other matters in
question between the client and the contractor
relating to execution or performance for the work
or the interpretation of the construction contract
documents;
render interpretations and findings consistent with
the intent of and reasonably inferable from the
construction
contract
documents;
showing
partiality to neither the client nor the contractor but
shall not be liable for the result of any
interpretation or finding rendered in good faith in
such capacity;
have the authority to reject Work, which does not
conform to the construction contract documents,
and whenever, in the Prime Consultant’s opinion,
it is necessary or advisable for the implementation
of the intent of the construction contract
documents, have the authority to require special
inspection or testing of work, whether or not such
work has been fabricated, installed or completed;
review and take other appropriate action with
reasonable promptness upon such contractor’s
submittals as shop drawings, product data, and
samples, for conformance with the general design
concept of the work as provided in the
prepare change orders and change directives for
the client's approval and signature in accordance
with the construction contract documents;
have the authority to order minor adjustments in
the work which are consistent with the intent of the
9
2.10.21
2.10.22
2.10.23
2.10.24
2.10.25
2.10.26
construction contract documents where these do
not involve an adjustment in the contact price or
an extension to the contract time;
furnish supplemental instructions to the contractor
with reasonable promptness or in accordance with
a schedule for such instructions agreed to by the
architect and the contractor;
review the as-built drawings being prepared by the
contractor and where current as-built drawings are
not presented for review determine in accordance
with the construction contract the amount of
payment to the contractor that will be withheld until
current as-built drawings are presented;
assist with the coordination of phased moving into
swing space to facilitate the construction
throughout the project, as required;
facilitate regular site meetings (minimum one
every seven (7) days) including the client's Project
Manager, representative of the User Group,
operations staff, consultants, general contractor,
and sub-contractors (as applicable). Take meeting
minutes and issue them no later than three (3)
days following the site meeting to all parties;
review and coordinate the delivery of operating
and maintenance manuals;
coordinate the construction with the installation of
all furniture, furnishings and equipment;
2.11
Project Completion
2.11.1
determine the date of Substantial Performance of
the work and issue the certificate as prescribed in
the Construction Lien Act, RSO 1990, c. C.30 as it
may be amended from time to time;
2.11.2
review for completeness the list of items to be
completed or corrected submitted by the
contractor and forward to the client and contractor
together with a list of any additional items
observed by the Prime Consultant;
2.11.3
receive from the contractor the submittals set out
in the construction contract documents that are to
be provided at substantial performance
2.11.3.1 forward the submittals to the client for
review with a written report listing any
submittals listed in the construction
contract documents that have not been
submitted;
2.11.3.2 where required submittals have not
been submitted by the contractor,
determine the amount that will be
10
retained from payments to the
contractor in accordance with the
construction contract until the submittals
are submitted;
2.11.4
verify the validity of the contractor’s application for
final payment and issue a certificate of final
payment;
2.11.5
prepare record drawings as set out in this contract
2.11.6
prior to the end of the period of one year following
the date of Substantial Performance of the work,
review any defects or deficiencies which have
been reported or observed during that period, and
notify the contract in writing of those items
requiring attention by the contractor to complete
the work in accordance with the construction
contract.
2.11.7 Provide client with:
2.11.7.1 one electronic PDF copy and editable
CADfile prepared to current ORC
standards of original construction
documents. The PDF copy is to be
signed and dated by the client and
Prime Consultant to establish a record
of the information that was provided.
2.11.7.2 one hard copy and one electronic PDF
file of all site instructions, change
orders, change directives and reports on
general review issued during
construction; and
2.11.7.3 editable CAD files prepared to current
ORC standards of the record drawings
as set out in this contract
Schedule B
Client's Information
This schedule forms part of the contract for consulting services for:
Under Article A-8 of this contract the Client will provide the following information to the
Prime Consultant:
[List all information with indentifying names and dates - ideally this information is
included as a schedule in the RFP to enable respondents to accurately price their
services and can be imported directly into this schedule to save time and minimize
errors]
Schedule C
Consultants
1. Under Article A-9 of this contract
.1 The Client will engage the following consultants:
.1
.2 The Prime Consultant will engage the following consultants:
.1
2. As set out in Article A-9 of this contract the Prime Consultant shall coordinate the
services of all the consultants listed in this schedule.
Schedule D
Prime Consultant's Professional Fees
Under Article A-10 of this contract, the Prime Consultants’ Professional Fees for
providing the professional services set out in this contract are as follows:
[Complete the schedule by transferring from Prime Consultant's proposal, e.g].
A fixed fee of $____________, apportioned as follows:
•
•
•
•
•
•
Feasibility Study
Schematic design phase
Design development phase
Construction documents phase
Bidding or negotiating phase
Construction phase-contract administration
$________________
$________________
$________________
$________________
$________________
$________________
Fees for changes to the work shall be as agreed upon prior to the commencement of
services for the change as set out in GC 12.5 of this contract. If a specific fee for a
change is not agreed upon prior to the performance of the services in respect of the
change, the fee shall be at an hourly rate of:
•
•
•
•
•
Principals:
Senior staff:
Intermediate staff:
Junior staff:
Clerical:
$____________per hour
$____________per hour
$____________per hour
$____________per hour
$___________ per hour
5.7.d
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 5.7.d
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Bill Birdsell
Jerry Chlebowski
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
David Craddock, Vice President, Practice
Committee Members:
Allan Larden, Chair
Alek Antoniuk, Ministry of Municipal Affairs and Appeals
Douglas Clancey
Pamela Cluff
Deborah Farrow
Stephen Pope, CANMET Energy Technology Centre
Colin Ripley
Greg Sather
Date:
April 20, 2009
Subject:
Assessment by the Sub-Committee on Building Codes and Regulations
(SCOBCAR) of the Canadian Commission on Building and Fire Codes
(CCBFC) Public Review of the Relocation of Building Design Requirements
from the 2005 National Fire Code (NFC) to the 2005 National Building Code of
Canada (NBC)
Objective:
To request Council’s review and consideration of SCOBCAR’s determination on the proposed
code changes to the 2005 NFC, as well as the appropriate cross-referencing between the 2005
NFC and the 2005 NBC.
Background:
The Ontario Association of Architects (OAA), along with other stakeholders in the national
construction codes, had been invited by the CCBFC to take part in a public review to assess the
relocation of building design requirements from the 2005 NFC to the 2005 NBC, and the
addition of appropriate cross-referencing between the two documents.
2
The proposed changes are the result of an editorial exercise aimed at drawing a clear line
between the roles of the NFC and the NBC. No new technical changes are being proposed.
The National Building, Fire and Plumbing Codes developed by the CCBFC are model codes,
which the provinces and territories can adopt as is or with modifications as part of their building,
fire and plumbing regulations.
The Chair requested that SCOBCAR review the fifty-nine proposed changes prior to a
conference call held on April 14, 2009 where the group discussed an appropriate OAA response
to the CCBFC. Upon discussion, the Sub-Committee noted that there weren’t too many
changes to these relatively innocuous codes and that the cross-referencing and the
relocation task between the 2005 NFC and the 2005 NBC was a positive attempt at
cohesiveness.
SCOBCAR determined that the OAA should “agree” to all the proposed changes and that the
individual response forms be completed and electronically submitted to the CCBFC by the
deadline of May 29, 2009.
Action:
Council is asked to consider approval of the following:
1. Advancement of an OAA response to the CCBFC where the OAA “agrees” to all fifty-nine
proposed changes to the NFC pertaining to the relocation of building design requirements
from the 2005 NFC to the 2005 NBC.
6.1
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 6.1
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
Hillel Roebuck, Registrar
Date:
April 24, 2009
Subject:
Agreement on Internal Trade (AIT)
Implementation – August 1, 2009
Objective:
To update Council with respect to the Agreement on Internal Trade (AIT). Refer to the attached
letter from John Milloy, Minister, Ministry of Training Colleges and Universities (MTCU).
(Appendix A)
Background:
Canadian Architects have enjoyed mobility of licensure across Canada under the Canadian
Reciprocity Agreement since 1992. The principle of the Canadian Reciprocity Agreement was
to establish common standards which, if satisfied, allowed the architect the opportunity to apply
for and obtain licensure in any Province or Territory in Canada without having to comply with
any additional requirements.
The AIT has changed that fundamental principle of the Canadian Reciprocity Agreement
in that, regardless of the manner by which the architect was issued a licence, or whether the
architect currently is engaged in the practice of architecture, the architect can be licensed in
another provincial or territory without being required to complete any additional requirements.
As Council is aware, under the existing Canadian Reciprocal Agreement the architect is subject
to currency requirements if such a policy is in place with the licensing authority. The OAA has
such a policy requiring the architect to demonstrate 2 years of experience in the practice of
architecture within the 5 year period immediately preceding an Application for Licence. The AIT
will eliminate this requirement such that as of August 1, 2009 an architect who maintains a
licence in a jurisdiction in Canada, whether or not he/she is engaging in the practice of
architecture, is entitled to gain licensure without restriction, anywhere in Canada.
Included in this new provision under the AIT will be the impact of any bi-lateral agreements that
any Canadian jurisdiction enters, e.g. the bi-lateral agreement between the Province of Quebec
and France. Under this bi-lateral agreement, any French architect who gains full licensure in
the OAQ will be eligible, under the AIT, for mobility across Canada.
2
The AIT is intended to deal with the mobility of ‘labour’. Except for the OAA and PEO, both of
which require an additional certificate to practise their profession (CofP, CofA) to the public, no
other Ontario profession has such a requirement, i.e. a licence is all that is required to be able
to practise.
Currently, under Section 17.(2) of the Architects Act, in order to obtain a Certificate of Practice
an architect must demonstrate to the Registrar that he/she has engaged in the practice of
architecture during the period of five (5) years preceding application. It is the OAA legal
counsel’s opinion that this is a post-licence requirement and as such should not be affected.
All Ontario Regulators are still awaiting the ‘wording’ from the Provincial Government as to how
changes to all provincial statutes, including the Architects Act, will be addressed through
Omnibus legislation, i.e. whether Section 17.(2) could be eliminated.
Action:
For information only.
7.1
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 7.1
Building Advisory Council
Agenda
Lynn C. Balfour, Co-Chair
Meeting of Building Advisory Council (BAC)
Danny Young, Co-Chair
Ontario Society of Professional Engineers
Aubrey LeBlanc
Association of Architectural Technologists
of Ontario
Roy Hardy
Association of Municipalities of Ontario
March 24, 2009, 10 a.m.-2:30 p.m.
Boardroom 2B, 777 Bay Street (College and Bay)
Ministry of Municipal Affairs and Housing, Toronto,
Ontario
Alison Logue
Association of Registered Interior
Designers of Ontario
1. Review of Minutes from last meeting
Ron Mazza
Consulting Engineers Ontario
2. Review of Agenda
Michael Lio
Consumers Council of Canada
3. Ministry Updates and status reports:
David Surplis
Council of Ontario Construction
Associations
Bernie Torchia
Building Industry and Land Development
Association
Ann Borooah
Large Municipalities Chief Building
Officials
Allan Larden
George Evans
Ontario Association of Certified
Engineering Technicians and Technologists
Clive Thurston
Ontario General Contractors Association
-
Building Code Examinations and Requalification
Next Edition of the Building Code
Lake Simcoe Protection Plan
On-site Sewage Systems
Construction Guides / Skills Development
Solar Industry
OBOA Self-management
Other (MPMP; Final Inspections; Complete
Applications, etc.)
4. Green Energy Act
Terry Kaufman
Ontario Home Builders Association
5. Status - Accessibility for Ontarians with Disabilities Act
(AODA)
Dan Devlin
Ontario Plumbing Inspectors Association
6. Lunch
Chris Roney
Professional Engineers Ontario
7. Review of BAC Issues:
Michael Steele
Residential Construction Council of
Central Ontario
Tim Moore
Toronto Area Chief Building Officials
Committee
Krystyna Paterson
Office of the Fire Marshal (ex-officio
member).
-
Identify any issues to add to list
Identify priority issues
Develop work plan, deliverables and time
frame for priority issues
8. Next steps, next meeting date
7.2
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 7.2
Memorandum
To:
Council
Gerrie Doyle
Jane Burgess
Louis Cooke
James Farrow
Peter Gabor
Paul Hastings
Rob Newman
Vladimir Popovic
Sheena Sharp
Thomas Thoma
Bill Birdsell
Jerry Chlebowski
David Craddock
Pawel Fiett
Brad Green
Elaine Mintz
Sean O’Reilly
Kevin Robinson
Andre Sherman
Michael Visser
From:
James Farrow, Senior Vice President and Treasurer
Date:
April 27, 2009
Subject:
Sales Tax Harmonization
Objective:
To offer Council preliminary information on the proposed Sales Tax
Harmonization – effective July 1, 2010.
Background:
Finance Minister Dwight Duncan delivered Ontario’s 2009 Budget on March 26, 2009. The
Budget proposes to harmonize Ontario’s current 8% Retail Sales Tax and the federal 5% GST
to create a single 13% value-added tax effective July 1, 2010.
PKF Hill, LLP, Chartered Accountants, the OAA’s auditor informed us when we asked for
information on the topic that, “Unfortunately, until the legislation is drafted (which won't be for a
while) it is hard to give any definitive guidance. Generally, anything that GST is currently being
applied on will attract the harmonized tax. You are correct in that this will impact our Not-forProfit clients (in fact, it will impact all our clients), so as we find out more we will be offering
additional information on the subject.”
…/2
2
I will keep you posted as we receive more information. Also, once we receive more meaningful
details that will be of interest to the membership, we will include this information in e-bulletin.
Sales Tax Harmonization
General
It is proposed that starting July 1, 2010 Ontario will introduce a value-added tax. This tax will be
combined with the federal GST to create a federally administered single sales tax replacing
the existing Ontario Retail Sales Tax (“RST”).The harmonized tax will have a 13% rate,
comprising a 5% federal portion and an 8%Ontario portion and will be largely consistent
with the GST whereby a wide range of goods and services will be taxed. As with the GST, the
harmonized tax will not be charged on items such as basic groceries, prescription drugs and
medical devices. Businesses making taxable or zero-rated sales will generally be able to claim
input tax credits for the harmonized tax paid on their purchases.
Sales Tax Transition Benefits for Individuals
To assist individuals with the harmonized sales tax, benefits will be payable to eligible Ontario
income tax filers aged 18 and over. A single person with no children and income of less than
$80,000 will receive $300 in 3 installments payable June 2010, December 2010 and June
2011. Single parents or couples with combined income of $160,000 or less will receive $1,000
in 3 installments payable at the same dates.
Transitional Support for Small Business
Effective March 31, 2010 the vendors’ compensation currently paid under the RST will
be eliminated. To assist small business in transitioning to the harmonized sales tax, a credit will
be provided. The credit will be based on taxable sales in the first full quarter commencing after
June 30, 2010.
-
businesses with taxable revenues of $15,000 or less will receive a $300 credit,
-
businesses with taxable revenues between $15,000 and $50,000 will receive a credit of
2% of taxable revenue, and
-
businesses with taxable revenues between $50,000 and $500,000 will receive a credit
of $1,000.
Temporarily Restricted Input Tax Credit (“ITC”)
Restricted ITCs will be imposed on large businesses with annual taxable sales in excess of $10
million and financial institutions. The restriction will apply only to the provincial portion of the
harmonized sales tax for the first 5 years and then phased out over the next 3 years.
Purchases subject to the ITC restriction include certain energy charges, certain
telecommunication services, and road vehicles weighing less than 3,000 kilograms, food,
beverages and entertainment.
…/3
3
Rebates for Public Service Bodies
Similar to the GST, rebates will be available for the provincial portion of the harmonized tax.
These rebates will benefit municipalities, universities/colleges, school boards, hospitals,
charities and qualifying non-profit organizations.
New Housing Rebate
To ensure that new homes priced under $400,000 do not attract additional sales tax, a
rebate of 6% will be available (equal to 75% of the provincial component of the harmonized
sales tax). This rebate will be phased out for homes priced between $400,000 and $500,000.
No rebate will be available for those priced over $500,000. Resale home purchases will not be
subject to the harmonized sales tax.
Insurance Premiums
Insurance premiums currently subject to the RST will also be subject to the 8% provincial
portion of the harmonized sales tax.
Alcohol Sales
RST is currently applied on purchases of alcoholic beverages at rates of 10% or 12%.
Under the harmonized sales tax these rates will fall to 8%. To ensure that existing revenues are
maintained, alcohol fees, levies and charges will be adjusted upward.
Private Transfers of Motor Vehicles
After implementation of the harmonized sales tax, Ontario will retain a sales tax on private
transfers of automobiles.
Hotel Rooms and Other Transient Accommodation
The RST currently applies at a rate of 5% on charges for hotel rooms and other transient
accommodation. Under the harmonized sales tax system the provincial tax will increase by 3
percentage points.
Action:
For Information only.
7.3
Meeting Minutes
TYPE OF MEETING:
DATE & TIME:
LOCATION:
PRESENT:
Society Meeting
Sept 23 - 2008
Rivermill Restaurant
Gary Kembel, Chair
Hermano Sahrdina
Nersianna Bekhit
Gerry Shoalts
Rob Crothers
Ray Zaback
ITEM
1
Approval of the agenda:
FOR COUNCIL MEETING
May 6, 2009
(open)
ITEM: 7.3
File No.: MM-SLVSA-2005-9
5:00 p.m. – 6:30 p.m.
Rhonda Horne - McQuay
Fil Scarpazza
Tod Colbourne
Tyler Tympani
Debra Krakaow
Guests: Claire Beach ARIDO
Jim Farrow, Council Liason
Sean O’Reilly, OAA President
Kristy Doyle, Director of Policy
DESCRIPTION
2
Approval of the minutes:
None were available
3
President Shawn O’Rielly and Kristi Doyle were welcomed
4
Society Tour 2008 Report from President O’Reilly
1.0 Review of key Council priorities -- input from members
-
Recent release of OAA’s “A Client’s Guide to Architect’s Fees &
Services”
long awaited guide was launched in early August
- a "guide” cannot be enforced
- what we need now is feedback from the members
- intended to be a living document, revised and re-released every
year or two
New Regulatory Notices released and new structure for bulletins
- our practice bulletins in desperate need of revision
- we have thoroughly reviewed it - removing unnecessary ones,
combining others- we will no longer have "bulletins"
- 3 new categories
Regulatory Notices, Practice Tips, News Items
ExAC update and first administration of the Canadian Exam
- first sitting will be November 17/18
- there are 549 interns writing nationally, 134 in Ontario (over 10%)
Page 1 of 3
ACTION
ITEM
DESCRIPTION
- last March, all the provinces except BC signed on
- what it means for now is that both NCARB and ExAC will be accepted in all
provinces except BC -NCARB only, and Quebec-ExAC only
- discussions will occur at some point as to fate of inter-recognition agreement,
goal is to have US recognize our exam as well.
Proposed changes to the Internship Process
- looking into some significant changes to the Intern Process
- putting time limits on how long interns can be interns
- revising experience requirements
- launching of the ExAC
Investigation of Advocacy vs Regulatory activities at the OAA
- ongoing committee of council
- initial research report has been produced analyzing other associations
across Canada, US and Europe, down under, also other professions
- structures vary widely
- vast majority have separate organizations
- Alberta a few years ago
- committee still working on it but we need your input
- do you like one organization or would you prefer 2
- why - your perceived strengths and weaknesses
Alternative Finance Procurement and ongoing discussion with
Infrastructure Ontario
- have been meeting with IO on regular basis
- expressing our concern for bundling of small projects
- they claim they have no interest in this
- members need to be prepared to see more of this
- joint ventures, practice associations - we are looking at ways of
making it easier to work together as a group
Task Group to arrange education session(s) for members, likely at
conference.
Working with the Ontario Realty Corporation and use of standard
documents / agreements
- Strategic Opportunities Committee - OGCA, CEO, ARIDO, OAA
- ORC committed to being more user friendly for architects
- ORC has RFQ out now for architects to register for Vendor List
Page 2
ACTION
ITEM
DESCRIPTION
- ORC has committed to using standard documents including
Document 600 - developing Supplementary Conditions now
- Practice Committee has proposed changes to Doc 600 to make it
more current and easier to use
- Encourage all members to use standard documents, especially
contracts
- even if you do not, at least have a written contract
(Complaints Cttee and Pro-Dem - no contract or poor
communication biggest source of problems)
Sustainability
- established a committee with a number of notable non architects giving input
- goal is to be an industry leading resource on all aspects of sustainabilityconstruction methods
2.0Discussion re. Local Society Issues and concerns.
-
what are the issues that you are concerned about ?
R.Zaback: removal of table in OBC, requirements for architect and
engineer, cause for concern
A.Sardinha : requirement of engineer seal on grading drainage plans
“culture of fear pushing architects aside”
R.Crothers: recommends Society lunch and learn with building officials,
he will pursue the idea
3.0Closing Reminders.
OAA Conference 2009 - Toronto May 6 - 9
Fall 2008 Council Elections
- 5 positions coming up for rotation
ConEd Cycle Five - this cycle comes to an end in December
Page 3
ACTION
St. Lawrence Valley Society of Architects
Financial Activity 2008
Assets
Bank Account Balance 2007-12-30
GIC Value 2007-12-30
Revenue
OAA Funding
Amount ($)
Subtotal ($)
4042.56
3991.35
8133.91
Feb 06
May 14
Sep 15
1070.00
1150.00
1500.00
3720.00
Expenses
Room rentals and refreshments
President’s Dinner
Bank charges
Habitat / Cohoon donations
Memorials (flowers donations)
Donations/sponsorships
148.82
1150.00
24.00
1500.00
419.03
475.00
3716.85
Closing Balance
Bank Account Balance 2008-12-30
GIC Value 2008-12-30 (118.79 interest)
4045.71
4110.14
8155.85
Prepared by Gary Kembel, joint acting SLSVA Treasurer (unaudited) 2009-04-06
Follow- up OF TSA LIAISON MEETING
Meeting No.1
Project:
OAA liaison to TSA
Job No.:
NA
Attendees:
Jane Burgess : OAA
Meg Graham : President TSA
Margo Welsh: Administrator TSA
Mtg Date:
April 1st. 2009
Min Date:
April 7nd , 2009
all attendees: Kristie Doyle, Director of Policy/ Gerrie Doyle President , OAA
Copies to:
Item Description
Follow-up April 6th
1.0
Margo indicated the TSA might consider trying to
advocate an education in the schools program
similar to the one the TSA recently were presented
in Chicago.
Item 4.3 March 5th Open Council Mtg The
Learning Partnership- sent to TSA...
After OAA meeting in June Jane will
discuss with TSA to see if the TSA
interested in pursuing farther
OAA web site school lesson resource.
OAA has a list of people willing to speak
in schools if TSA needs access to
2.0
Meg indicated that the TSA was surprised that there
was no Special Project Funding
Due to budget constraints there was no
Society funding available
3.0
Meg indicated that the TSA was wondering if the
OAA could pay 100% in the Design Industry
Advisory
Due to funding constraints would not be
interested in pursuing paying 100% of
fees. Could the TSA report on provincial
wide initiatives that have come out of this
committee and name the representative.
Jane will report to council. (See
appended.)
4.0
The TSA is presently pursuing a grant Application
with the Trillium Foundation to assist in operating
costs.
TSA would require the support of OAA for this
application OAA was willing in principle to support
the TSA’s application pending additional
information as the TSA works through the process.
The TSA should report back as they work
through the application as to exactly why
the OAA is required in order to submit an
application
5.0
Jane indicated that she was not familiar with the
legal structure that makes the “Societies” chapters
of the OAA. Jane said she would request that
information from the OAA.
See Attached
6.0
The TSA wanted to know if the OAA would loan
the TSA the award panels for them to be displayed
at their May or June forum to be held at the Arts &
Letters Club
The TSA may borrow in June. (Other
Societies have borrowed before.) Contact
Tamara La Pierre King /Website and
Communications Administrator
(416)449-6898 ext#252
tamarak@oaa.on.ca
They fit in a van
Page 1
e-mail:
7.0
.1 TSA may send anything the TSA wants
posted to the above
.2 The Societies are presently listed/linked
on the website under the OAA banner at
the top.
.3 The side bar banners are full but this
could be addressed in the design of the
new website. Jane to follow up.
Web Site Synergies:
END OF ACTION REVIEW
Page 2
O:\OAA\Society Reports\Sent M1 with actions followed up.wpd
Excerpt from OAA Bylaws - - re. SOCIETIES (full set of bylaws are available on the OAA Web site)
The societies in existence when this by-law comes into force are continued as societies of the
69.
Association with areas constituted by their present boundaries until the Council shall determine otherwise
and the constitution and by-laws of each such society in effect at the date when this by-law comes into force
shall continue in effect until rescinded or amended in accordance with the provisions for rescission or
amendment contained in such constitution or by-laws.
70.
Any five (5) members of the Association residing in one locality may with the approval of the Council,
form a society of the Association with headquarters at such place as they may select, provided that the
territory of a new society does not encroach upon the territory of an existing society. Should any question of
encroachment between the territories of two societies arise, the same shall be settled by the Council.
71.
The Council may establish from time to time standard rules and procedures governing the operation
of societies and the conduct of their affairs.
72.
Subject to the provisions of the Act, the by-laws and any standard rules of procedures established
under Section 71, each society may fix dues for its members and pass by-laws governing its operations and
respecting the conduct of its affairs including provisions for amendment of such by-laws. A copy of all such
by-laws and amendments thereto shall be filed with the Executive Director.
73.
A by-law passed by a society and any amendments thereto is not effective until it has been approved
by the Council.
74.
On or before the 1st day of December in each calendar year, every society shall file a report of its
activities for the year, which shall include the number of members and affiliates of the society, with the
Executive Director.
75.
The Societies may by by-law provide for the admission of persons who are not members of the
Association who shall be designated as affiliates of the society, but no person who is not a member of the
Association, other than one intern architect, may be an officer of a Society. (By-law No. 6(2)).
76.
No officer, member or affiliate of a society, nor any society shall have any power or authority as such
to contract in the name of the Association nor to assume any obligations on behalf of the Association.
77.
The Council may from time to time declare any society inactive and suspend its operation or dissolve
any society and provide for the transfer of the members and assets of any such society to another society or
societies.
78.
If a society shall be dissolved or ceases to exist for any other reason, or is declared inactive by the
Council, all assets of that society, unless otherwise directed by the Council shall vest in the Association and
shall be delivered over by the governing body of the society to the Vice-President and Treasurer of the
Association forthwith on demand.
78a. The Council may periodically authorize the making of grants to societies in such amounts and for
such purposes as it considers appropriate. (By-law No. 20).
5522. Reference Material Reviewed: Memorandum from Vice President Communications, Michael
Bulatovich dated February 24, 2006 re. Design Industry Advisory Committee – Consideration re. Joint
Membership. (APPENDIX ‘J’)
The Vice President Communications reported that there was a request from the Toronto Society of
Architects (TSA) to OAA Council to participate jointly in the Design Industry Advisory Committee (DIAC)
including sharing of the cost of membership of $500.
The Vice President Communications provided some history pertaining to the DIAC, noting that they have
secured provincial funding to provide support to the related industries by way of surveys and research.
Bulatovich added that the objectives of the DIAC are congruent with those of the OAA.
It was moved by Sharp and seconded by Larden that Council approve expenditure in the amount of
$500 for a joint membership with the Toronto Society of Architects in the Design Industry Advisory
Committee.
-- CARRIED, 1 Abstention (Visser)
A member of Council enquired as to how the $500 is to be spent by the DIAC.
The Vice President Communications responded that the DIAC intends to make government a model
procurer for design services, adding that they are also looking into tax credits and grants for the design
industry.
7.4
BMD Love Blog
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FOR COUNCIL MEETING
May 6, 2009
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ITEM: 7.4
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Daily News Thursday, March 26, 2009
Vote for the OAA's 2009 People's Choice
Award
Toronto
The Ontario Association of Architects (OAA) encourages everyone to
participate in determining this year’s People’s Choice Award. Voting
is open until April 10, 2009.
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Companies
You can now go online at www.oaa.on.ca and click on the People’s
Choice 2009 logo.
Look through the images of all of the selected 14 Design Excellence
Award winners. These buildings and environments were chosen from
136 submissions by a panel of distinguished jurors who evaluated each submission on how it best addressed any or all of the following criteria:
1. Creativity: The innovative and ground-breaking nature of the design solution
2. Context: The contribution a project makes to its unique location, neighbouring uses and community building
3. Program: The role played by the architect in defining and addressing unique aspects of the project
4. Environment: The contribution the project makes to a sustainable environment
5. Good Design is Good Business: The degree to which the project demonstrates the principles of “Good Design is Good Business” by
creatively supporting the business and architectural goals of the client
6. Legacy: The contribution of the project in establishing a new benchmark for architectural excellence
Then choose your favourite, note the project’s title and click on “Vote”. The project with the most votes will be declared the People’s Choice Awar
winner and announced at the Celebration of Excellence Awards Ceremony taking place on May 8, 2009 as part of the 2009 OAA Conference in Tor
Ontario.
For more about the OAA Awards program, visit www.oaa.on.ca go to: News & Events, OAA Awards.
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OAA 2009 People's Choice Awards | Drake Blogs | Rap Basement
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canadianarchitect.com - Canadian Architect - 4/28/2009
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Daily News Sunday, March 22, 2009
2009 OAA award winners announced
The Ontario Association of Architects recently announced
Related Items
the winners of their annual awards program. Several
Articles
projects were recognized as achieving design excellence,
Awards
and they are:
401 Wellington Street in Toronto by Stantec Architecture
Ltd., Architects; 40R_Laneway House in Toronto by Superkül Inc., Architect; Artscape Wychwood Barns in Toronto by
Joe Lobko Architect Inc. and du Toit Architects Limited; Belleville Public Library and John M. Parrott Art Galleries in
Belleville by Zeidler Partnership Architects; Bishop Street Residence in Toronto by Taylor Smyth Architects; Cascade
House in Toronto by Paul Raff Studio Incorporated Architect; Ireland Park in Toronto by Kearns Mancini Architects Inc.;
Island Yacht Club in Toronto by Montgomery Sisam Architects Inc.; Molly's Cabin in Pointe Au Baril by AGATHOM Co.;
Peterborough Regional Health Centre in Peterborough by Stantec Architecture Ltd., Architects; The City of Toronto
Enderby Road Child Care Centre in Toronto by CS&P Architects Inc.; The George Brown College Centre for Hospitality
and Culinary Arts in Toronto by Kearns Mancini Architects Inc. with Gow Hastings Architects Inc.; The Renfrew County
Courthouse in Pembroke by NORR Limited Architects and Engineers; Torys LLP Offices in Toronto by Kuwabara Payne
McKenna Blumberg Architects.
The Landmark Award was given to Toronto’s St. Lawrence Neighbourhood 1977-82 in Toronto, designed by: Alan
Littlewood (currently practicing as Alan Littlewood Architect); Bernard Gillespie Architect; Boris A. Lebedinsky; Irving
Grossman, Architect; Janis Kravis Architect; Jerome Markson (currently practicing as Jerome Markson Architect Inc.);
Joel Shack Architect; J.E. Sievenpiper (currently practicing as Sievenpiper Associates Inc.); Klein & Sears Architects;
Matsui Baer Vanstone Freeman Architects; Page & Steele Architects (currently practicing as IBI Group Architects); Paul
Reuber Architect (currently practicing as Paul Reuber Incorporated Architect; Robinson & Heinrichs Architects (currently
practicing as Victor J. Heinrichs Inc. Architect); Sillaste & Nakashima Architects; The Thom Partnership Architects; V.W.
Kuchar & Associates, Architects; and Zeidler Partnership Architects.
In the Concepts & Presentations category, the Image Award of Excellence was given to student Lisa Hirmer for Desert,
and student Johnathan Wong received an Honourable Mention for Drive-in, Niagara Falls, 2008. The Artifact Award of
Excellence was given to Drew Mandel Design for Parti [Mailbox-Light-House Number].
In the Concepts/Proposals category, an Award of Excellence was given to intern Kate Bowman for Centre Block- A New
Urban Landscape for Downtown Kitchener, while two Honourable Mentions were bestowed upon intern Reza Aliabadi for
Cart Shelter and to student Mariangela Piccione for Core House - A Proposition for New Orleans.
Raw Design Inc. were recognized as the Best Emerging Practice, while John Bobaljik received the G. Randy Roberts
Service Award. Norman D. Macdonald received the distinction of Honour Roll, and Jerome Markson was named to the
Order of da Vinci.
For more information, please visit
www.oaa.on.ca/client/oaa/OAAHome.nsf/ArchNewsBydate/66D5F9C1CF52D6898525757E0045114E!opendocument
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28/04/2009
2009 OAA Awards | John H. Daniels Faculty of Architecture, Landscape & Design
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http://www.daniels.utoronto.ca/news_events/notices/2008/12/3553
28/04/2009
Posted: 12/03/2008
Page 2 of 2
Notices
The Ontario Association of Architects (OAA) is now accepting
entries for the 2009 OAA Awards. The annual OAA Awards offer
Ontario architects, students and interns an opportunity to
showcase their best work and increase public appreciation of the
services provided by the architectural profession.
Award winners receive coverage in the OAA journal Perspectives
and are featured on the Web site. Award winners and their clients
will be honoured at the Celebration of Excellence Awards
Ceremony at the 2009 OAA Annual Conference in Toronto, May 6 –
9, 2009.
Please visit www.oaa.on.ca for a full description of award details
and submission requirements. The submission deadline is January
30, 2009.
Please click here for the Award Postcard [PDF].
IMPORTANT | CACB Certifcation
Procedures | Submit Information
by Friday, May 8, 2009
Winter 2009 Exam + Review
Schedule Online
Prof. Richard M. Sommer
Appointed Dean, John H. Daniels
Faculty of Architecture, Landscape,
and Design
IMPORTANT | Course Folder
Deletion | Monday, May 11, 2009
Upcoming Course for Division II
Graduate Students
6th Paysages Éphémères - 2010
Railway Lands Pedestrian Bridge
Online Design Charette
Thesis Final Reviews 4/23/09 4/24/09
[more...]
John H. Daniels Faculty of Architecture, Landscape, and Design | University of Toronto
230 College Street | Toronto ON M5T 1R2 | CANADA
enquiry@daniels.utoronto.ca
28/04/2009
The Daily Commercial News Online
LATEST NEWS
Page 1 of 1
Green Building
April 1, 2009
Ontario Association of Architects adopts 2030 Challenge
PATRICIA WILLIAMS
staff writer
The Ontario Association of Architects (OAA) has demonstrated its support for going green by adopting the
2030 Challenge.
“This is just the beginning,” says Sean O’Reilly, chair of the OAA’s sustainable built environments committee
and the association’s immediate past president.
“This is just one of the many initiatives the OAA is planning to implement over the next few years to support
and promote green and sustainable building activities.”
Buildings are a major source of demand for energy and materials that produce by-product greenhouse gases.
The challenge, issued by the Architecture 2030 organization, calls on the global architectural and building
community to adopt a series of targets for reduction in fossil fuel consumption in new buildings and major
renovations.
These targets can be accomplished by implementing innovative sustainable design strategies, generating onsite renewable power and/or purchasing renewable energy and/or certified renewable energy credits.
By 2030, the intent is for buildings to be carbon-neutral, using no fossil-fuel, greenhouse gas-emitting energy
in their operations.
In Canada, the initiative has been endorsed by the Royal Architectural Institute of Canada and the Canada
Green Building Council as well as by a number of design firms and other organizations across the country
In an interview, OAA president Gerrie Doyle said her association has made a commitment to supporting an
“aggressive improvement” in energy efficiency and reduction in carbon emissions of new buildings and major
renovations by adopting the 2030 Challenge.
“We are committing to assist our members with best practice guides and performance analysis tools that will
enable them to explain to their clients the various approaches and trade-offs required to capture the
<0x2026> operational benefits of such aggressive energy-management policies,” she said.
Architecture 2030 is a U.S-based environmental advocacy organization established by architect Edward Mazria
in response to the global warming crisis.
500 Hood Rd, 4th Flr., Markham, ON. L3R 9Z3
Phone: 905-752-5408 | Fax: 905-752-5450
Toll free: 800-465-6475 | Toll free Fax: 888-396-9413
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http://www.dcnonl.com/cgi-bin/dcnhome.pl?rm=print_story&story_id=33226&source=ar... 02/04/2009
Artscape Wychwood Barns Wins Ontario Association of Architects Award for Design Ex... Page 1 of 3
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Announcing the 2009 OAA Awards Winners!
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List of Winners
Design Excellence:
401 Wellington Street
Toronto
Stantec Architecture Ltd., Architects
40R_Laneway House
Toronto
Superkül Inc., Architect
Artscape Wychwood Barns
Toronto
Joe Lobko Architect Inc.
du Toit Architects Limited
Belleville Public Library and John M. Parrott Art Galleries
Belleville
Zeidler Partnership Architects
Bishop Street Residence
Toronto
Taylor Smyth Architects
Cascade House
Toronto
Paul Raff Studio Incorporated Architect
Ireland Park
Toronto
Kearns Mancini Architects Inc.
Island Yacht Club
Toronto
Montgomery Sisam Architects Inc.
Molly's Cabin
Pointe Au Baril
http://www.torontoartscape.on.ca/news/artscape-wychwood-barns-wins-ontario-associati...
28/04/2009
AGATHOM Co.
Peterborough Regional Health Centre
Peterborough
Stantec Architecture Ltd., Architects
The City of Toronto Enderby Road Child Care Centre
Toronto
CS&P Architects Inc.
The George Brown College Centre for Hospitality and Culinary Arts
Toronto
Kearns Mancini Architects Inc. with Gow Hastings Architects Inc.
The Renfrew County Courthouse
Pembroke
NORR Limited Architects and Engineers
Torys LLP Offices
Toronto
Kuwabara Payne McKenna Blumberg Architects
Landmark Award
St. Lawrence Neighbourhood 1977-82
Toronto
Alan Littlewood (currently practising as Alan Littlewood Architect), Bernard Gillespie
Architect, Boris A Lebedinsky, Irving Grossman, Architect, Janis Kravis Architect,
Jerome Markson (currently practising as Jerome Markson Architect Inc.) Joel Shack
Architect, J.E. Sievenpiper (currently practising as Sievenpiper Associates Inc.),
Klein & Sears Architects, Matsui Baer Vanstone Freeman Architects, Page & Steele
(currently practising as IBI Group Architects), Architects, Paul Reuber Architect
(currently practising as Paul Reuber Incorporated Architect, Robinson & Heinrichs
Architects (currently practising as Victor J. Heinrichs Inc. Architect), Sillaste &
Nakashima Architects, The Thom Partnership Architects, V.W. Kuchar & Associates,
Architects & Zeidler Partnership/Architects
Concepts & Presentations
Image:
Desert
Award of Excellence
Lisa Hirmer, student
Drive-in, Niagara Falls, 2008
Honourable Mention
Johnathan Wong, student
Artifact:
Parti [Mailbox-Light-House Number]
Award of Excellence
Drew Mandel, intern
Concepts/Proposals:
Centre Block- A New Urban Landscape for Downtown Kitchener
Award of Excellence
Kate Bowman, intern
Cart Shelter
Honourable Mention
Reza Aliabadi, intern
Core House - A Proposition for New Orleans
28/04/2009
Honourable Mention
Mariangela Piccione, student
Best Emerging Practice
rawdesign inc.
G. Randy Roberts Service Award
John Bobaljik
Honour Roll
Norman D. Macdonald
Order of da Vinci
Jerome Markson
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28/04/2009
Lisa Rochon citylab: upcoming events
Page 1 of 1
Information about Lisa Rochon's upcoming schedule of
appointments, including events such as seminars, interviews and
panel discussions, will be posted here.
Guest Speaker, the Forty Minute Forum, St. Clement’s Church
May 10, 2009
Stopping the Violence: How Beautiful Buildings Can
Transform the Toughest Neighbourhoods
In this presentation, Lisa Rochon describes how iconic
architecture and new public space combined with social
programming can reinvent areas previously plagued by gun
violence, high unemployment and illiteracy. Award-winning
libraries, community centres and sports fields have
triggered massive change in high-risk areas around the
world. Leaders of vulnerable and dangerous Canadian
communities should pay attention.
Jury Member, Bike Stand competition, Ontario College of Art and
Design.
March 30, 2009
Read more about this competition here
Jury Member, Design Excellence Jury, 2009 OAA Annual Design
Awards.
February 12, 2009
Raymond Moriyama will serve as Chair of the 2009 Jury
Awards will be presented on May 8, 2009 during the OAA
Conference at the Harbour Castle Hotel, Toronto
For the latest news about Lisa Rochon, please click here
http://www.lisarochon.com/upcoming1.html
26/03/2009
Page 1 of 3
LATEST NEWS
O H & S | Green Building | Professional Services | Skills Training | Steel
March 30, 2009
Ontario Association of Architects’ 2009 Design Excellence Awards
ZEIDLER PARTNERSHIP ARCHITECTS
The above project, the Belleville Public Library and John M. Parrott Art Galleries, was among 14 that received 2009
Design Excellence Awards from the Ontario Association of Architects. The awards will be presented May 8 in Toronto.
PATRICIA WILLIAMS
staff writer
Fourteen diverse buildings from across the province have been singled out for recognition in the Ontario
Association of Architects (OAA) 2009 awards program.
Winners in the non-residential sector run the gamut from a yacht club in Toronto to a courthouse in Pembroke
and a regional health centre in Peterborough.
Awards will be presented at the association’s upcoming celebration of excellence May 8 in Toronto.
Winners of Design Excellence Awards include:
• 401 Wellington Street, Toronto. (Stantec Architecture Ltd.) A showcase of sustainability, Stantec’s downtown
office was designed to provide a flexible, high-performance workspace. The site is the former home of
McGregor Socks, a timber post and beam building originally constructed in 1905.
• Artscape Wychwood Barns, Toronto. (Joe Lobko Architect Inc. and du Toit Architects Ltd.) The Toronto
Transit Commission’s heritage streetcar repair barns were transformed into a multi-million-dollar green arts
and entertainment centre.
• Belleville Public Library and John M. Parrott Art Galleries, Belleville. (Zeidler Partnership Architects). The new
38,000 square-foot library provides resources for research and recreation as well as a cultural and community
destination.
• Ireland Park, Toronto. (Kearns Mancini Architects Inc.) Located on the Toronto waterfront, the park was
designed as a rocky environment evocative of the character of the landscape left behind by Irish famine
immigrants.
Page 2 of 3
• Island Yacht Club, Toronto. (Montgomery Sisam Architects Inc.) The building on Muggs Island on Toronto’s
inner harbour replaced a structure that had been destroyed in a fire.
RICHARD JOHNSON PHOTOGRAPHY
Peterborough Regional Health Centre.
• Peterborough Regional Health Centre, Peterborough. (Stantec Architecture Ltd.) The 715,000-square-foot,
full-service centre provides 494 inpatient beds and full diagnostic and treatment facilities. Use of local
materials pays homage to regional industrial architectural traditions.
• The City of Toronto Enderby Road Child Care Centre, Toronto. (CS&P Architects Inc.) The building, which is
train station-like in appearance, occupies a site at the edge of a residential neighbourhood backing onto a
railway corridor.
KEARNS MANCINI ARCHITECTS INC./GOW HASTINGS ARCHITECTS INC.
George Brown College Centre for Hospitality and Culinary Arts.
• The George Brown College Centre for Hospitality and Culinary Arts, Toronto. (Kearns Mancini Architects Inc.
with Gow Hastings Architects Inc.) The project consisted of renovation and retrofit of a 100-year-old building
and an addition and renovation at the school of culinary arts.
Page 3 of 3
STEVE EVANS
Renfrew County Courthouse in Pembroke.
• Renfrew County Courthouse, Pembroke. (NORR Ltd. Architects and Engineers). The renovation and addition
consolidates four courts into a single central facility. The addition includes a multi-storey atrium wrapped
around a heritage courthouse.
• Torys LLP offices, Toronto. (Kuwabara Payne McKenna Blumberg Architects). The design of the renovated
law offices realigns the physical environment “with the innovative spirit that is the hallmark of the firm’s
practice.”
Toronto’s St. Lawrence neighbourhood (1977-82) received the Landmark Award as a notable example of the
development of architecture in Ontario.
The OAA regulates the practice of architecture in the province.
500 Hood Rd, 4th Flr., Markham, ON. L3R 9Z3
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Canadian Interiors, 4/2/2009
NORR Courthouse Project Wins 3rd Award
The Ontario Association of Architects (OAA) recently announced the winners of their annual awards program
which recognizes achieving design excellence. NORR’s work on the Renfrew County Courthouse Renovation
and Addition Project, led by design architect, NORR Partner David Clusiau, was recognized with an OAA Award
of Excellence.
”Receiving this recognition from the OAA and our professional peers is a great honour,” said Silvio Baldassarra,
Senior Vice President of NORR, “This was a very rewarding project and we are grateful to our clients, the Ontario
Realty Corporation and The Ministry of the Attorney General, for their thoughtful collaboration and support during
the renovation and addition to the courthouse.”
The Renfrew County Courthouse Renovation and Addition Project previously won an Interior Design Award of
Merit from the Association of Registered Interior Designers of Ontario (ARIDO) and a Certificate of Merit from the
American Institution of Architects Committee on Architecture for Justice.
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reportonbusiness.com: Architects draft blueprint for hard times
Page 1 of 4
Architects draft blueprint for hard times
Article
Comments
ANGELA KRYHUL
GLOBE AND MAIL UPDATE
APRIL 21, 2009 AT 6:00 AM EDT
HOK Canada Inc.'s Lui Mancinelli can attest to the old saying that bad news comes in threes.
Last November, in the space of just a few hours, the Toronto architecture firm learned that three of its Dubai clients had suspended the
designing of millions of dollars worth of hotel, residential and retail mixed-use projects.
That came as a surprise because commercial sector work in the Middle East was still pretty buoyant through 2008, even as projects in
Canada were slowing down, says Mr. Mancinelli, HOK Canada's senior vice-president and managing principal. The Dubai work “kind
of disappeared over a 36-hour period,” he says.
Since then, HOK Canada has been forced to hunt for other kinds of work – a position that many other Canadian architecture firms also
find themselves in as a result of the global slowdown in commercial development that the economic meltdown has wrought.
Lui Mancinelli
Like other businesses, architecture practices have had to trim staff. They are also shifting gears to pick up the commercial slack by
taking on more public and institutional work. As well, instead of putting shape to new buildings, they are taking on contracts to help
retrofit old ones. They're also facing more competition from U.S. architecture firms that are looking north of the border for work.
When the Dubai work dried up, HOK Canada cut its Canadian work force by 15 per cent to 306 full-time staff from 361. It's not the
only firm cutting back. Toronto-based Ingenium Group Inc., had to chop almost a 10th of its staff, dropping to 680 from 750, because of
the economic slowdown, says chief executive officer Victor Smith.
Jon Hobbs, executive director of the Royal Architectural Institute of Canada, says that while his organization does not keep tabs on how
many architects have lost their jobs, firms in British Columbia and Alberta appear to be making deeper cuts than in Eastern Canada.
“We did go around the table at our last board meeting, region by region, just to see what is affected [by the economy]. The further west
you go, the worst it seems to be. Atlantic Canada and Quebec didn't seem to be affected … because there's more institutional work per
architectural firm there,” Mr. Hobbs says.
Architecture firms are finding ways to do new business, including going after public and institutional projects that will benefit from new
government infrastructure funding programs.HOK Canada will put more effort into work for the health care, educational and
government sectors, as well as upgrading existing buildings to be greener, Mr. Mancinelli says.
About 55 per cent of HOK's practice will now be public sector projects, compared with about 30 per cent over the past few years, Mr.
Mancinelli says. Commercial and corporate work will now account for 45 per cent of total business, down from about 70 per cent
previously, he says.
Ingenium, too, is seeing a change in its business mix, Mr. Smith says. “Two or three years ago, the majority of our work was in the
private sector – residential, office, hotel and resort. I think we're seeing a major trend right now where the market is shifting from
private sector to public sector projects.”
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reportonbusiness.com: Architects draft blueprint for hard times
Page 2 of 4
Donald Schmitt, principal of Diamond and Schmitt Architects in Toronto, says a number of post-secondary schools are anxious to get
their hands on some of the new infrastructure funding. “In the institutional sector, a lot of colleges and universities are very busy trying
to respond to the opportunities for infrastructure investment. There's a significant amount of planning and preparation for the
development of shovel-ready projects,” he says.
Mr. Schmitt also says that some institutional and health care clients are eager to get planned projects under way because contractors are
bidding more competitively. “We've had a number of projects out to bid in the last few months that have come in well under budget and
I think it's a reflection that the overheated [costs of] construction are cooling and bringing benefits to the developer,” Mr. Schmitt says.
Toronto's Hospital for Sick Children, for example, has asked Mr. Schmitt's firm to accelerate plans for its new 24-storey research
building, he says. “They're very actively pushing us to finish the design and drawings and be under construction this summer because
they see this as the perfect time for them to build.”
In Alberta, architects that have experience with institutional projects are busy these days, says Doug Cinnamon, vice-president of voice
for the Alberta Association of Architects and a principal with Cohos Evamy Integrated Design.
“The architects in town that have had to lay off are the ones that were doing condominiums and office towers,” Mr. Cinnamon says.
“The firms that have a lot of institutional work are still really busy.”
If Canadian architects are hungry for work, so too are U.S.-based firms, some of which are bidding on Canadian work or looking to
team up with firms here. “We have what I would call the domino effect now starting to happen, where U.S. practices are starting to
come into Ontario and bidding on projects, and, similarly, we have some of the larger Toronto firms expanding and bidding on projects
outside of the Greater Toronto Area, [in cities] such as London, Windsor and North Bay,” says Gerrie Doyle, president of the Ontario
Association of Architects and a principal of AIPM Architects Inc. in Toronto.
Some firms that lack expertise in specialized areas of institutional and research building design are partnering up with other firms to win
work, says Dermot Sweeny, a principal of Sweeny Sterling Finlayson & Co. Architects in Toronto.
His firm is in preliminary talks with a U.S.-based company that has specialized institutional design expertise, particularly in wet labs for
medical research facilities. “I don't have the ability to invest, as a company, in being an expert on wet labs. To [win a contract for] a
building that might include wet labs, we're affiliating with a firm that has done many of them,” he says.
Until the economy picks up again, Mr. Sweeny expects to see many developers switch from erecting new buildings to modernizing
some of their older ones. “We will see a huge shift to retrofit buildings,” Mr. Sweeny says. Redesigning interiors and bringing old
buildings up to snuff on green issues, such as energy efficiency, will help keep architects busy, he says.
Mr. Sweeny is taking the economic downturn in stride and hoping it will spark more innovative architectural design.
“Times like this are interesting. Clients need a competitive edge. For a lot of [architecture] firms, this is a great time to bring research
and development back into firms. They need to start thinking more,” Mr. Sweeny says. “I think recessions are good things, personally.
They shake us up and bring us back to first principles: Why are we here, what are we doing, what are we about.”
Special to The Globe and Mail
Article
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Canadian Architect, 3/22/2009
2009 OAA award winners announced
The Ontario Association of Architects recently announced the winners of their annual awards program. Several
projects were recognized as achieving design excellence, and they are:
401 Wellington Street in Toronto by Stantec Architecture Ltd., Architects; 40R_Laneway House in Toronto by
Superkül Inc., Architect; Artscape Wychwood Barns in Toronto by Joe Lobko Architect Inc. and du Toit Architects
Limited; Belleville Public Library and John M. Parrott Art Galleries in Belleville by Zeidler Partnership Architects;
Bishop Street Residence in Toronto by Taylor Smyth Architects; Cascade House in Toronto by Paul Raff Studio
Incorporated Architect; Ireland Park in Toronto by Kearns Mancini Architects Inc.; Island Yacht Club in Toronto by
Montgomery Sisam Architects Inc.; Molly's Cabin in Pointe Au Baril by AGATHOM Co.; Peterborough Regional
Health Centre in Peterborough by Stantec Architecture Ltd., Architects; The City of Toronto Enderby Road Child
Care Centre in Toronto by CS&P Architects Inc.; The George Brown College Centre for Hospitality and Culinary
Arts in Toronto by Kearns Mancini Architects Inc. with Gow Hastings Architects Inc.; The Renfrew County
Courthouse in Pembroke by NORR Limited Architects and Engineers; Torys LLP Offices in Toronto by Kuwabara
Payne McKenna Blumberg Architects.
The Landmark Award was given to Toronto’s St. Lawrence Neighbourhood 1977-82 in Toronto, designed by: Alan
Littlewood (currently practicing as Alan Littlewood Architect); Bernard Gillespie Architect; Boris A. Lebedinsky;
Irving Grossman, Architect; Janis Kravis Architect; Jerome Markson (currently practicing as Jerome Markson
Architect Inc.); Joel Shack Architect; J.E. Sievenpiper (currently practicing as Sievenpiper Associates Inc.); Klein
& Sears Architects; Matsui Baer Vanstone Freeman Architects; Page & Steele Architects (currently practicing as
IBI Group Architects); Paul Reuber Architect (currently practicing as Paul Reuber Incorporated Architect;
Robinson & Heinrichs Architects (currently practicing as Victor J. Heinrichs Inc. Architect); Sillaste & Nakashima
Architects; The Thom Partnership Architects; V.W. Kuchar & Associates, Architects; and Zeidler Partnership
Architects.
In the Concepts & Presentations category, the Image Award of Excellence was given to student Lisa Hirmer for
Desert, and student Johnathan Wong received an Honourable Mention for Drive-in, Niagara Falls, 2008. The
Artifact Award of Excellence was given to Drew Mandel Design for Parti [Mailbox-Light-House Number].
In the Concepts/Proposals category, an Award of Excellence was given to intern Kate Bowman for Centre BlockA New Urban Landscape for Downtown Kitchener, while two Honourable Mentions were bestowed upon intern
Reza Aliabadi for Cart Shelter and to student Mariangela Piccione for Core House - A Proposition for New
Orleans.
Raw Design Inc. were recognized as the Best Emerging Practice, while John Bobaljik received the G. Randy
Roberts Service Award. Norman D. Macdonald received the distinction of Honour Roll, and Jerome Markson was
named to the Order of da Vinci.
For more information, please visit
www.oaa.on.ca/client/oaa/OAAHome.nsf/ArchNewsBydate/66D5F9C1CF52D6898525757E0045114E!
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KPMB wins OAA Award for Design Excellence
March 19, 2009
The Study at Yale: Click here to view new images of the newly completed project
January 27, 2009
Charles R. Walgreen, Jr. Drama Center & Arthur Miller Theatre wins 2009 USITT Architecture Award of Merit
January 15, 2009
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Notices
The Ontario Association of Architects (OAA) is now accepting
entries for the 2009 OAA Awards. The annual OAA Awards offer
Ontario architects, students and interns an opportunity to
showcase their best work and increase public appreciation of the
services provided by the architectural profession.
Award winners receive coverage in the OAA journal Perspectives
and are featured on the Web site. Award winners and their clients
will be honoured at the Celebration of Excellence Awards
Ceremony at the 2009 OAA Annual Conference in Toronto, May 6 –
9, 2009.
Please visit www.oaa.on.ca for a full description of award details
and submission requirements. The submission deadline is January
30, 2009.
Please click here for the Award Postcard [PDF].
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28/04/2009
globeandmail.com: Taking it one room at a time
Page 1 of 2
SLOWHOME.COM: RETHINKING WHERE WE LIVE
Taking it one room at a time
With his smart new website, a Calgary architect hopes to educate the public in all that's wrong with cookie-cutter, supersized homes
LISA ROCHON
APRIL 18, 2009
lrochon@globeandmail.com
North America's obsession with food has been heavily scrutinized by psychologists, medical associations and the media - and there have been many
layers of lard to get through. But the supersizing of a nation cannot be reduced to a conversation strictly about food. The epidemic of
overconsumption has spread to other passions, including architecture.
For every Big Mac, there's a McMansion waiting to be consumed by the hungry homeowner in search of something big and juicy. For every side
order of fries, there's a condominium with angled rooms impossible to occupy.
Such are the empty calories being fed to homeowners, says John Brown, a Calgary architect and professor angry about the meaningless excess of
much residential design. Angry enough to provoke Brown to launch a Web-based teaching studio last month - a unique initiative he calls Slow
Home.
Print Edition - Section Front
Enlarge Image
It's a healthy idea that's full of integrity - sort of a green-tea alternative to a whipped-cream-laced iced cappuccino. Brown, associate dean of research
at the University of Calgary's faculty of environmental design, has been studying and collecting floor plans of condominiums and houses for about
20 years. On the Slow Home website (theslowhome.com), he takes viewers through the flaws of those plans with impressive fluency, defining
unworkable zones with a red pen, and, alternately, highlighting the dimensions that make a dining room or living room a good place to have a
conversation or simply relax.
As he scribbles on a computer tablet with his stylus, Brown speaks to his Web audience in accessible language, often in five-to-seven minute
segments. Each week presents a different theme: one week, it's poorly and well-designed 900-square-foot condos; the next, kitchens - nasty
examples and great ones. Viewers are invited to provide their own solutions to design problems. Every Friday, a case study of a real-life design by
an interesting architect is analyzed.
Though the Slow Home website launched only last month, Brown's audience has already gone global: Judging from reader posts, the largest
participation comes from people living in Orange County, Calif., but there are also strong audiences in Toronto, London, Sydney, Vancouver and
Calgary. His Internet studio may have grown out of an architect's frustration with what's on offer in the marketplace - but the world of design could
certainly use more such benevolent gestures.
Brown defines the slow home as a place that is simple, light and open. In other words, it's easy to use, easy on the environment, and easy on your
finances. A slow home is defined by open, flexible spaces, often aligned to the outdoors.
Does your home qualify? Take the slow-home test: Do you have bedrooms that are quiet and peaceful? Do you have a table at which everyone can
eat? Can your house be kept warm or cool without mechanical means (admittedly a tall order in much of Canada)? Is your main living room
connected to outdoor space? Do you spend more than 45 minutes a day commuting?
Brown's virtual studio consciously avoids the thrilling adventure ride offered by the design makeovers dominating the TV airwaves. ("OMG! Look
at how we transformed this dump in only 48 hours!") Instead, he says he was inspired by the no-nonsense, step-by-step approach of the early Julia
http://www.theglobeandmail.com/servlet/story/LAC.20090418.AROCHON18ART01153... 28/04/2009
globeandmail.com: Taking it one room at a time
Page 2 of 2
Child television spots, in which an American housewife taught North Americans how to approximate the glories of French cuisine. Her
demonstration-cooking school moved the public away from Cheez Whiz on a celery stick to the heady delights of quiche lorraine and cassoulet. As a
child, Brown watched the Julia Child shows with his mother at his side. His sister is a slow-food chef based in Calgary. So, hitting on the approach
and the methodology for the slow home was only a matter of time.
Practising architecture with a twist has long motivated Brown. He wears many hats, and has even been known to sport a jacket and pinstriped shirt
rather than the all-black uniform of the typical architect. Wanting to get in on the market - and the amazing number of postwar bungalows in
Calgary's downtown that could easily be retrofitted and expanded - Brown earned his license as a real-estate broker and a construction contractor 10
years ago.
The Slow Home site is, in fact, being funded by Housebrand, a business venture that Brown co-founded with partners Matthew North and Carina
van Olm as a design-build studio. Its success comes from providing intelligent, urban living for two kinds of Calgarians: young couples wanting to
move out of tiny condominiums and into houses with back yards; and empty nesters who would rather live downtown than stay in the relative
isolation of the burbs. In 2003, Housebrand received the Royal Architectural Institute of Canada award of excellence for innovation. Since then, the
studio has grown to 15 employees; despite the recession, it will this year design and construct 10 new houses and approximately 40 other projects,
from small renovations to large additions.
Brown's energy is astounding. Besides making daily videos for his Slow Home site, he personally replies to every comment that pops up on his Web
page. On alternate Saturdays, he conducts free seminars on design within his large retail store - where he sells furniture, art and design objects - on
4th Avenue in the trendy neighbourhood of Mission.
For too long, sloppy thinking has dominated residential design: entrance lobbies without coat closets; powder rooms that open directly onto dining
rooms; bedrooms of skewed geometry. Truth is, the public has been silent on the matter - possibly due to a lack of education about how design can
work to enhance and lift one's life, possibly because developers have simply gotten away with architectural murder.
As a kind of knee-jerk response, says Brown, people have become convinced that if a kitchen doesn't function well, a bigger kitchen must be in
order. A house in the suburbs loaded with goodies - double ovens, a double-car garage and five washrooms - will surely make up for any design
problem. Not so, says Brown. Not if the garage robs much of the family room of natural light. Not if the oversized living room merely becomes a
repository for a plant and an antique couch from a long-dead aunt.
"It's like eating fast food," says Brown. "You're consuming empty calories and it doesn't satisfy you for long. A cookie-cutter house is like a Big
Mac and fries. It's bad for you and bad for the environment. It's wasteful. These houses are designed to be sold, not to be used."
Such houses are a specialty of spec developers. A one-bedroom will fetch a certain amount. But, a one-bedroom with a den will certainly fetch more.
So what if that den is about as big as a coffin? "We have a very coarse way of discussing houses as something with five bedrooms and five
bathrooms. ... It makes me so angry when I think about the environmental cost and the financial investment - it's not the homeowner's fault. They're
simply being sold a bill of goods."
In a small, significant way, Brown is arming the public with the ability to demand more from residential space - and to improve the shape of future
cities by insisting on higher design standards. A powerful design lobby can only come out of an educated public. "McDonald's didn't decide to offer
salads and take trans fats out of burgers out of the goodness of its heart," he says. "It did it because the public voted with their dollars."
© Copyright 2009 CTVglobemedia Publishing Inc. All Rights Reserved.
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The Journal of Commerce Online
Page 1 of 2
LATEST NEWS
Skills Training | Engineering | Professional Services
April 15, 2009
PCL joins Canada BIM Council
PATRICIA WILLIAMS
staff writer
Membership recruitment by the Canada BIM Council has received a shot in the arm with the addition to the
organization’s ranks of the PCL family of companies.
“We now have two of the largest Canadian contractors on board,” said Derek Smith, executive director of the
London and District Construction Association and the council’s interim administrator.
“We’re pretty happy about that.”
EllisDon is also on board.
The council was federally incorporated in mid-December and officially launched last month.
Its goal is to provide building information modeling advocacy and support services.
It now has 20 members.
In a statement, PCL said it joined the council because it recognizes the important role that BIM (Building
Information Modeling) can play in the development of the construction market and project delivery methods.
“The CBC is an opportunity to get involved as a BIM advocate for the entire construction industry,” the
company said.
BIM is defined as a process that delivers construction projects using parametric modeling of the building in
virtual space prior to construction.
Edmonton-headquartered PCL uses virtual construction (VC) techniques, including building information
modeling tools, as a construction simulation process by creating digital representations of construction
projects in the virtual world.
It offers modeling services throughout its Canadian and United States operations.
The company said it routinely uses VC techniques on select projects that benefit economically from use of the
process.
Projects that are particularly large or high-risk present the greatest potential for VC to add value, PCL said.
Consequently, these projects are typically selected for the application of BIM-enabled virtual construction.
“We have found virtual construction adds value to our projects in a number of ways, things like
constructability analysis and clash detection routines,” said Drew Teal, virtual construction co-ordinator, PCL
Constructors Inc.
“For example, we are able to check drawings and make sure things are fitting together properly. This way, we
can anticipate any problems that might occur and fix them before they arise in the field.”
In some cases, Teal said, PCL has collaborated with architects on projects using BIM models created by the
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21/04/2009
Page 2 of 2
design team.
The company said it believes interest in, and demand for, use of virtual construction and tools like BIM
throughout the lifecycle of construction projects is growing.
“As more and more of PCL’s project partners become BIM-capable,” it said. “PCL forecasts that the potential
value it can add will grow as well.”
The BIM council’s mission is to provide a non-proprietary advocacy, resource and standards council dedicated
to supporting business, professionals, educators, purchasers of construction and related services in navigating
and applying best practices when deploying BIM.
The management team consists of architects Allan Partridge and Paul Loreto, Tom Strong of EllisDon, Albert
Celli of Halsall Associates and Mark Casaletto of Reed Construction Data, in addition to Smith.
Since its launch, the council has signed up more than a dozen new members.
A significant portion are architectural and engineering firms based in Ontario and Alberta. A couple of firms
from British Columbia have joined as well, Smith noted.
The council will be funded wholly by membership revenues.
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21/04/2009
LATEST NEWS
Page 1 of 2
Skills Training
April 1, 2009
RAYMOND LUM PHOTOGRAPHY
John Patkau and Patricia Patkau are the recipients of the Royal Architectural Institute of Canada’s 2009 Gold Medal.
Royal Architectural Institute of Canada
Vancouver architects earn RAIC’s 2009 Gold Medal
PATRICIA WILLIAMS
staff writer
The Royal Architectural Institute of Canada (RAIC) has awarded its 2009 Gold Medal to Vancouver-based
architects John Patkau and Patricia Patkau, founders of Patkau Architects Inc.
“They fulfill the dream that ordinary people have about architecture: that life can be more whole, more
harmonious, more livable because such a building exists,” the Gold Medal selection committee said.
The Gold Medal is awarded in recognition of a significant contribution to Canadian architecture.
It is the highest honour the profession of architecture in Canada can bestow.
It recognizes an individual whose personal work has demonstrated exceptional excellence in the design and
practice of architecture and/or whose work related to architecture has demonstrated exceptional excellence in
research or education.
“I don’t know if there is any tradition of partners being awarded the Gold Medal,” Patricia said via e-mail. “But
for us, it recognizes the reality of our practice together.
“John and I have worked together now for more than 30 years and I can’t imagine practising without him. Our
work association has been one of the most fulfilling aspects of my life.
21/04/2009
Page 2 of 2
“I am honoured to be selected for this recognition and very happy to share that honour with my partner in life
and work.”
John concurred.
“Patricia has expressed my feelings completely,” he said.
The two Winnipeg-born architects founded Patkau Architects in Edmonton in 1979, after graduating from
university. Patricia graduated from the University of Manitoba with a bachelor of interior design degree in
1974 and from Yale University with a master’s degree in architecture in 1978.
For his part, John received bachelor of arts and bachelor of environmental studies degrees in 1969 from the
University of Manitoba, followed by a master’s degree in architecture in 1972.
In 1984 they relocated to Vancouver. Both are fellows of the RAIC, honourary fellows of the American
Institute of Architects and the Royal Institute of British Architects, members of the Royal Canadian Academy
of Art and members of the Order of Canada.
Patkau Architects has received numerous national and international awards, including 12 Governor General’s
Medals, four Progressive Architecture Awards, 16 Canadian Architect Awards of Excellence, an RAIC
Innovation in Architecture Award of Excellence and three AIA Honor Awards.
Patricia was awarded the 2009 Tau Sigma Delta Gold Medal for exemplary commitment to architectural
education and to the practice of architecture.
In a statement, the RAIC said John and Patricia have been committed to both teaching and practice
throughout their careers.
Patricia is a member of the faculty of the School of Architecture and Landscape Architecture at the University
of British Columbia.
Both have traveled across Canada and the world to teach, lecture and participate in symposia.
“Their work as architects and teachers has inspired generations of aspiring architects across Canada,” the Gold
Medal selection committee said. “They create architecture that matters.”
The two architects will be the featured speakers at a June 20th luncheon during this year’s Festival of
Architecture in Montreal.
The Royal Architectural Institute of Canada is a voluntary national association established in 1907 as the voice
for architecture and its practice in Canada.
The institute represents almost 3,800 architects.
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21/04/2009
The Daily Observer
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« Back
Renfrew County courthouse
architecture award
nominated
for
Building nominated for design award
Updated 19 days ago
The people of Renfrew County could be the difference in the Renfrew County Courthouse winning a significant
provincial architectural design award.
The courthouse was one of 14 buildings in the province chosen for their design excellence by a jury selected by
the Ontario Association of Architects (OAA).
Although a jury chose the nominees for the award, it's up to the general public to choose the winner by voting
online.
The Renfrew County Courthouse Renovation and Addition Project was led by design architect and NORR
Limited Architects and Engineers partner David Clusiau and now NORR hopes Renfrew County residents will
vote and make the courthouse a winner.
Susanne Simic, public relations for NORR, said it was wonderful news that the courthouse had been nominated.
"It is a great honour for us to be nominated and we hope by letting people know, we can get them interested in
voting," she said.
A jury comprised of architects, designers, and architecture critics selected the 14 buildings and environments in
the running for the award from a total of 136 submissions.
The jurors evaluated each of the submissions based on creativity, context, program, environment, 'good design
is good business,' and legacy.
Other buildings up for the award include the Belleville Public Library and John M. Parrott Art Galleries, the
Peterborough Regional Health Centre, The George Brown College Centre for Hospitality and Culinary Arts, and
the Island Yacht Club in Toronto.
Tamara La Pierre King, website and communications administrator for the OAA, said this is the second year the
association has held the people's choice awards.
She said the inaugural contest proved to be quite popular.
Voting this year has been limited to one vote per IP (Internet provider) address to cut down on people voting
multiple times.
Ms. King said the OAA awards offer the Ontario architectural profession an annual opportunity to present its
work to both a public and professional audience. She added that it also fosters a greater appreciation of
architecture and architects among all levels of society, professional and non-professional.
"The award is about recognizing design excellence but it is also about providing the public with an opportunity to
learn about some of Ontario's buildings," Ms. King said.
The winner will be announced at an elaborate gala at the Habour Castle in Toronto on May 8.
http://www.thedailyobserver.ca/PrintArticle.aspx?e=1515159
28/04/2009
The Daily Observer
Page 2 of 2
"The winner will remain a surprise until that night," she said.
To vote, visit www.oaa.on.ca and click on the 2009 People's Choice award button on the right side bar. People
will have to register their vote quickly as voting is only open until April 10.
Anthony Dixon is a Daily Observer reporter.
Copyright © 2009 The Daily Observer
http://www.thedailyobserver.ca/PrintArticle.aspx?e=1515159
28/04/2009
Page 1 of 2
LATEST NEWS
Green Building | Concrete
April 1, 2009
NIC LEHOUX
The Roar live-work project, pictured above, was a 2008 recipient of the Governor General’s Medal in Architecture. With
the housing units facing the street and separated by a semi-public court, the building exemplifies the value that
architects bring to residential design. Lang Wilson Practice in Architecture Culture Inc. (Lead Design Architect)/Hotson
Bakker Boniface Haden Architects (Associated Architect).
Architects bring value to residential design, especially in tough
economic times
Stuart Howard, FRAIC
RAIC’s Regional Director for British Columbia
While Canada may not be affected as severely as other countries, we definitely are in a recession, and this
recession will have a long-term effect on housing and housing choices.
The first and most noticeable effect to date has been the access to credit. Construction, whether it is small or
large scale, requires borrowed money to proceed. Due to the tightening of the money supply internationally,
access to construction loans has anecdotally almost disappeared, certainly as it applies to multi-family
residential projects.
What is the immediate impact? Certainly, there has been a reassessment of all residential
projects, and of course a number have been postponed or cancelled, the speculator-driven
home building has stopped, and all projects that may proceed are being reassessed, re-bid
or rethought.
The rethinking of residential construction is not a short-term blip that disappears and
everything returns to normal after a short period of time. What has happened with this
downturn is change; change that will alter how we view housing immediately and in the
future. Some of the changes and impacts that are starting to become noticeable. For
instance, we are seeing the disappearance of ‘McMansions,’ i.e., very large, quickly
constructed suburban homes.
The average size of a new home is decreasing from the lofty heights attained in recent
years. Why? Cost certainly, but a re-evaluation of home size based on needs versus wants
has also taken place and it is lowering expectations of area and numbers of rooms. Gone are the days when
Stuart Howard,
FRAIC
21/04/2009
Page 2 of 2
unnecessary square footage is added to a home ‘just in case,’ for resale value or for the imagined next owner.
The effect of this mind shift will be the active pursuit of value over cost; how can we get the best value in this
new smaller size? Efficient design will be more important as surplus space is unsustainable and unaffordable.
Good design has value, value in efficient space planning, value in material durability and appropriate selection,
value in sustainable design that will reduce operating costs over time, value in effective site and urban design
that takes all possible advantage of the context of housing.
Energy-efficient homes well designed with sustainable materials will be desired by most future home buyers.
This is not just an option, but it may very well become a requirement. This demand for sustainability will add
value to housing today even in a down market. Those people looking to buy will expect and demand energy
efficiency and sustainable features the same way they expect and demand safe streets, solid foundations and
closet space.
According to Green Works realty in Washington State, environmentally certified homes sell in 18 percent less
time and for 28 to 37 per cent higher value per square foot. This data shows that sustainable design has more
value and that green homes command a higher return on investment.
A positive impact this recession will be that some of the sustainable features that didn’t make economic sense
in the past will become more affordable, as market conditions drive down prices of elements to a point where
long-term value exceeds short-term costs, and the ‘buy back’ period decreases.
Another positive aspect will be the retrofitting of existing housing stock to make it more energy efficient and
consequently reduce its carbon impact on the planet. The embodied energy of all the existing housing stock is
tremendous and taking advantage of that — in effect recycling the energy it took to build the home in the first
place — with a lower energy-consumption-efficient design will mean more value for less cost than replacement
housing.
Architects have been long-time efficient-design proponents. They bring efficient-design expertise to housing,
and they are committed as a profession to the reduction of the construction industry’s carbon footprint and to
sustainable design through such initiatives as the 2030 Challenge, LEED certified housing, Slow Home,
alternative energy sources and knowledgeable site planning. Architects have always brought value to the
design of housing, and in these tough times that value is even more obvious.
If you are considering hiring an architect or curious about the value of green building, there are many
resources and contacts available on the websites of the Architecture Institute of BC (www.aibc.ca) and the
Royal Architectural Institute of Canada (www.raic.org).
Stuart Howard is the Royal Architectural Institute of Canada’s Regional Director for British Columbia. He is a
practicing architect in Vancouver.
– RCD Digital Media
Phone: 604-433-8164 | Fax: 604-433-9549
Toll free: 888-878-2121
21/04/2009
TheStar.com - Insight - In defence of starchitecture
Page 1 of 2
In defence of starchitecture
Some critics are happy to bid the boom and
its bold buildings goodbye. They're being
silly
April 18, 2009
CHRISTOPHER HUME
URBAN AFFAIRS COLUMNIST
They say we should be careful what we
wish for, and for good reason. In the case
of all those nasty architecture critics
gleefully cheering as the Great Recession
brings the Age of Starchitecture to an end,
that's doubly true.
Were they to take a moment to consider
what that would mean, they might hope for
something else.
TARA WALTON/TORONTO STAR
Libeskind’s hotly debated ROM reno.
The problem has never been too much starchitecture, but too little.
If by starchitecture we mean buildings designed by the best architects in the world, not simply
buildings designed by celebrity architects, there could never be enough.
But in the highly competitive, winner-take-all, schadenfreude-fuelled world of architecture, it's
hardly surprising that there's a surfeit of resentful observers anxious to see greatness fail. The
harder they come, the harder they fall.
"What was pernicious about the idea of `iconic' architecture," Rowan Moore wrote in the Evening
Standard, "is its assumption that just by making a building look spectacular, you make it good."
Oh my goodness, what could be worse than spectacular architecture? The iconic, we are
admonished, should not be confused with the good. Indeed not.
Another, more local critic huffed recently about the "outrageous" fees charged by architectural
stars, and went on to celebrate the coming "minimalist economy."
Other than revealing a dismaying smallness of spirit, what message does this unseemly whining
send to developers, planners, politicians and the rest of us?
If it's wrong to hire the best architects (too expensive, too spectacular), then it must be right to
hire the mediocre (cheaper and less iconic). If it's bad to aspire to architecture with a capital A,
then it must be good to settle for the strictly ordinary, the second-rate.
In a city such as Toronto, where architectural excellence cannot be taken for granted, the
presence of Frank Gehry, Will Alsop, Norman Foster, Santiago Calatrava, Stephan Behnisch and,
yes, even Daniel Libeskind, has raised the architectural stakes immeasurably.
Ads by Google
Architectural Technology
http://www.thestar.com/printArticle/620440
28/04/2009
TheStar.com - Insight - In defence of starchitecture
Page 2 of 2
This city also happens to be blessed with a number of first-rate local firms, but how many
developers would have bothered to hire Peter Clewes, David Pontarini or Rudy Wallman to do their
condos if design weren't suddenly so important to their bottom line?
You don't have to look far to see that what passed for architecture in Toronto even a decade ago
leaves much to be desired. Developers' willingness to accept whatever the big corporate design
firms produced went unquestioned. Now, we expect more.
Let's not forget, either, that although starchitecture is a term of derision for some, starchitects,
like them or not, are called that because they are the finest in the business. It may have become a
cliché for a city to want a Frank Gehry, but the Guggenheim Museum he designed in Bilbao
changed more than that city, it changed the way we look at museums and their relationship to the
urban context. And let there be no doubt about the power of the Bilbao Effect: 12 years after the
museum opened, visitors are still pouring into that city, the Hamilton of Spain, to see Gehry's
masterpiece, if not the art within.
And as for the argument that most architects struggle in the shadow of their more celebrated
colleagues: So what else is new? In fact, the growing interest in architecture has opened up
possibilities for the young and lesser known that never existed previously.
Consider the case of Absolute, the Mississauga condo dubbed Marilyn Monroe, which was designed
by the Chinese outfit MAD, chosen after an international competition. Such an event would have
been unthinkable, especially in Mississauga, only years ago.
That's why this sudden fear of the iconic rings hollow. Who complains about the Chrysler Building
or the Empire State Building, those symbols of an earlier age of excess? Their meaning might have
changed over the decades, but they remain as central to the history of New York – and
architecture – as ever, not just because they qualify as icons, but because they are examples of
architectural greatness.
This isn't to say every project need be an icon. The vast majority are "fabric buildings" – they
serve a purpose, fill space and in their totality create the streetscape that defines the city. But no
one should mistake fabric buildings for second-rate buildings.
In our rush to throw out the iconic we are in danger of chucking the brilliant. Not that we want to
turn our cities into so many clones of Dubai, an example of what happens when architecture
becomes little more than a race to out-icon the building next door. In this context, architecture
becomes meaningless; it is reduced to little more than a frantic contest between architects trying
desperately to outdo one another. If anything, Dubai could use a little starchitecture, though in its
case, it might be too little too late.
When Toronto launched its so-called Cultural Renaissance five or six years ago, there was a
predictable outcry against the inclusion of starchitects, even before they had designed anything.
But keep in mind that Gehry, Libeskind and Alsop notwithstanding, commissions also went to
Diamond & Schmitt (Four Seasons Performing Arts Centre) as well as KPMB (Royal Conservatory
of Music, National Ballet School, Gardiner Museum of Ceramic Art and the Young Centre in the
Distillery District).
In other words, local architects fared well in the process. All the more so for the presence of so
many international heavy-hitters. And in the aftermath, Alsop has stayed on to design subway
stations for the Toronto Transit Commission, as has Norman Foster.
Whether these projects will be iconic or not remains to be seen, but already one thing is clear: The
world will be waiting and watching.
http://www.thestar.com/printArticle/620440
28/04/2009

Open May 2009 - Ontario Association of Architects

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