ONTARIO BUILDING OFFICIALS ASSOCIATION

1. ONTARIO BUILDING OFFICIALS ASSOCIATION Self Management Proposal - Public & Stakeholder Consultations March 30, 31 & April 01, 2009

2. Agenda 1.0 Purpose 2.0 Introduction 3.0 Issues Discussion 4.0 Potential Solutions 5.0 Summary 6.0 Closing Remarks

3. 1.1 Consultation On OBOA Proposal concerning Self-Management 2.0 The MOU 3.0 Stakeholder Groups 4.0 Comments on the Proposal 5.0 Submission to the Minister MMAH 1.0 Purpose

4. 1.1 Consultation Process What does this process signify? While no policy decision has been made on the issue, the process is to provide industry wide opinion on the potential merit of the proposal to the minister Why is it being undertaken? Sufficient interest was expressed by a number of industry stakeholders based on preliminary discussions with the OBOA Who is involved? The proposal draft was developed jointly by MMAH staff and the OBOA. Industry partners have been identified as stakeholders. What are the desired results?

5. 1.1 Consultation Process cont’d What are the desired results? The proposal, on the review of stakeholders prior to and after the consultation, will be accompanied by a report itemizing support and concern in the aim of allowing the Minister to make a potential policy decision on the matter

6. 1.2 The MOU When and why? On July 18, 2007 MMAH entered into an MOU to develop a potential framework for Self- Management. The intent was to consult on the framework and determine merit for policy consideration What are the implications? If the proposal and consultation comments establish merit, draft legislation will be considered. If not , the proposal will terminate as a policy objective

7. 1.2 The MOU cont’d What does it result in? If merit is established, and the Minister decides so, draft legislation establishing a professional practice regime for Building Officials

8. 1.3 Stakeholder Groups The Public Sector Building Official Employers, Representative Groups, Government Agencies, Ministries The Industry Design Professionals, Contractor Groups, Advocacy Bodies Building Officials/Peer Groups Chief Building Officials, Specialists The Public

9. 1.4 Comments and Submission Comments gathered throughout Consultation will be evaluated and included in a covering report Comments are to be directed to the OBOA and copied to MMAH Questions regarding the proposal prior to comment may be directed to Dean Findlay, see OBOA Contact Info for details Covering Report and Proposal to be submitted to Minister MMAH by May/09

10. 2.0 Introduction 2.1 The Delegated Authority Model 2.2 The Need for the Proposal 2.3 The Existing Administrative Regime 2.4 The Proposed Professional Regime 2.5 Expected Outcomes 2.6 Results

11. Current examples Real Estate and Business Brokers Act – Real Estate Council of Ontario. General Structure The regulatory body administers the governing legislation on behalf of the Ministry of Government Services and enters into an administrative agreement with the Minister re how regulation will occur and the responsibilities of both the Minister and RECO – Known as Self-Management. Self Regulation Regulatory body enjoys full autonomy – College of Physicians and Surgeons, Law Society of Upper Canada, Professional Engineers of Ontario. 2.1 The Delegated Authority Mode

12. LGIC Regulations Lieutenant Governor in Council may delegate to the administrative authority – i.e. RECO – the power to regulate its members, enact by-laws, etc. Board of Directors Structure Administrative Agreement includes composition of the Board (ie not fewer than 5 persons, not more than 20 persons, 51% to be elected OBOA members, the balance consisting of Minister appointed and affiliate members) 2.1 The Delegated Authority Model cont’d

13. Competence Improved standard of competency required beyond examination results alone Current regulatory regime deficient re mandatory education, measured workplace experience, consistent application of the BCA/Ontario Building Code and consistent enforcement of qualification requirements. Education & Examination Examination and internship requirements not enough to prepare individuals as Building Officials. Self-Management will provide the structure to accommodate consistent, mandatory training for all Building Officials. 2.2 Need for the Proposal

14. 2.2 Need for the Proposal cont’d Enforcement Major focus is on ensuring the enforcement of legislation, and more particularly, with regard to those who practice without qualification. Public Safety Objective is to ensure that: BO’s practice only in those defined areas in which they are qualified. Consistent enforcement of and monitoring of standards of conduct of members.

15. 2.2 Need for the Proposal cont’d Consistency Enforcement and interpretation of the Building Code without regional disparity. In so doing, one result will be a reduction in municipal liability. Public Interest Promotion of the highest degree of professionalism on the part of BO’s and the promotion of uniformity will be beneficial to the public interest.

16. 2.2 Need for the Proposal cont’d Divisional Court Recent decision involving professional engineers and the MMAH stated that “the Building Code is a professional regulatory Act in search of a profession”: OBOA and BO’s can fill the void. Objective Based Codes Require greater evaluation, interpretation and judgment on the part of BO’s and place more emphasis on their professional capability and their ability to apply the Associations’ body of knowledge.

17. 2.2 Need for the Proposal cont’d This requires enhances professional standards and training of BO’s. Self-management will establish the OBOA as the professional body for all BO’s in Ontario, with standard setting and regulatory powers commensurate with a professional body complying with its mandate of service to the public.

18. 2.2 Need for the Proposal cont’d Need for consistency of application of BCA and OBC Through: practice bulletins, practice guidelines and practice standards. The PEO Divisional Court decision makes it clear that a relationship between engineers, architects and building officials exists or should be developed on a more formal basis in order to address pending industry issues – requiring OBOA self-managed professional status to fully regulate and represent the BO profession and to be a full contributing partner in that relationship.

19. In 1995, in submission to the provincial government, the LMCBO made the following observations: “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.” 2.2 Need for the Proposal cont’d

20. It is common in other jurisdictions either province-wide or statewide to certify Building Officials. 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; Report outlines 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. 2.2 Need for the Proposal cont’d

21. The Proposal outlines a regulatory regime based on the delegated administrative authority model that will achieve the regulatory regime that the LMCBO stated was in the public interest and that OBOA maintains will support that public interest objective 2.2 Need for the Proposal cont’d

22. Internship Facilitates limited work duties until examination completion Qualification Complete upon completion of prescribed examinations Maintenance/Re-qualification Not yet determined 2.3 Existing Administrative Regime

23. Conduct/Ethics Left to individual Principal Authorities Complaints and Discipline Left to individual Principal Authorities, no provincial enforcement 2.3 Existing Administrative Regime cont’d

24. 2.4 Proposed Professional Regime Internship Still based on MMAH examination, time spent in this phase will count toward minimum experience requirement for qualification Qualification In addition to examination, 3 years experience as a Building Official will be required to gain full qualification. This will not be subject to the work limitations currently imposed on an intern, but mentorship over the 3 year experience requirement will be necessary. Intern time will be counted

25. 2.4 Proposed Professional Regime cont’d Maintenance/Re-qualification Maintenance of the “right to practice” qualification will be by mandatory education based on code changes, re-examination is not anticipated beyond initial qualification.

26. Conduct and Ethics Overriding Principle is the protection of the public. How: By defining the expected conduct and competencies of members. Rules will set out three primary areas of expected conduct: ethical behavior Competence Actions Will be addressed through: Code of Ethics Definitions of Incompetence and Negligence Rules of Professional Conduct 2.4 Proposed Professional Regime cont’d

27. 2.4 Proposed Professional Regime cont’d Complaints and Discipline OBOA will prescribe the limits of acceptable actions and conduct in conjunction with affiliate bodies – as well as the basic competencies required to practice the profession. Process will be developed to hear complaints about alleged member violations of Rules. As well, a discipline process will be developed that will apply corrective action and – where required – will impose penalties in the interests of public safety, the enhancement of the profession and to ensure that justice has been done and seen to have been done.

28. Internship Consistent with current examination requirement augmented with mentored experience component, in the end a more competent Building Official Qualification/Specialists A right to practice qualification that ensures competency and the recognition of specialist expertise including external education (HRAI) and affiliated certifications (eg OPIA OMFPOA) Maintenance/Re-qualification Maintenance of the right to practice through relevant education, not re-examination 2.5 Expected Outcomes

29. 2.5 Expected Outcomes cont’d Certification In the future, a revised CBCO certification in line with practice requirements and national certification efforts to improve the aspect of labour mobility within Canada Conduct/Ethics A consistent and province wide minimum standard to which Building Officials will be held, augmenting local and Principal Authority needs.

30. Complaints and Discipline A process based in law in which the interests of the public are upheld, and in which Building Officials will be guided to act in the best interests of the public, the principal authorities and their profession. 2.5 Expected Outcomes cont’d

31. 2.6 Results Public Safety Improved by enhanced competency Public Interest Upheld by increased consistency and efficiency Industry Served by co-coordinated regulation of Building Officials Ontario Benefits from efficient and professional delivery of Public Safety legislation administration.

32. 3.0 Issues Discussion 3.1 Qualification 3.2 Conduct and Ethics 3.3 Complaints and Discipline 3.4 Principal Authority and CBO Autonomy 3.5 Jurisdictional Resources 3.6 Professional Interaction

33. 3.1 Qualification Alignment with current MMAH examinations Internship Maintenance/Re-qualification Certification

34. 3.2 Conduct and Ethics Principal Authority Codes of Conduct Principal Authorities required to establish Codes of Conduct for their Building Officials Province Wide Code of Conduct Over 400 Principal Authorities in Ontario leads to inconsistent standards, OBOA conduct and ethics would apply province wide The Employer/Employee Relationship OBOA recognizes that any process must still allow Principal Authorities and supervisors to manage their employees. This is achieved in other professions as well as this proposal.

35. 3.2 Conduct and Ethics Chief Building Officials The proposal recognizes the required autonomy of Chief Building Officials due to their adjudicative and supervisory duties. The duties assigned under legislation to CBO’s are not regulated by this proposal.

36. 3.2.1 Principal Authority Codes of Conduct • Recognized that while the complaints and discipline procedures will encompass a rigorous framework for addressing matters of malpractice and misconduct – nevertheless there are already many internal controls in place in the workplace to deal with public safety and protection concerns • Principal Authorities already maintain Codes of Conduct as mandated by the BCA • OBOA recognizes the need to protect and secure the employer- employee relationship – however – there is still a need for a province-wide minimum code of conduct that will improve consistency in the application of standards across Ontario • Recognition that even though there may be a breach of ethical conduct on the part of a member – there may nevertheless be an element of conduct which breaches administrative ethics normally regulated by the employer

37. 3.2.1 Principal Authority Codes of Conduct cont’d • The proposal establishes a process for determining – where a complaint has been laid – in which jurisdiction the majority of the issues reside – which is one reason for ensuring employer intervener status at discipline hearings • Intention of the Proposal: to bring about uniformity in conduct and application of ethical principles while affecting existing and well-established procedures as little as possible.

38. 3.3 Complaints and Discipline Complaints submitted to Registrar Various dispositions: Registrar’s investigation Registrar may recommend dismissal, may forward complaint to Complaints Committee or refer to Dispute Resolution Committee Where complaint is dismissed – complainant may appeal to Complaints Auditor Dispute Resolution Committee – will deal with predominantly technical and administrative matters under the BCA and OBC Resolution will either be – dismissal or a Resolution Order which will set out actions to be taken by member.

39. 3.3 Complaints and Discipline cont’d Complaints Committee: Hears complaints referred to it by Registrar and Dispute Resolution Committee (where DRC feels that the complaint deals with issues of professional misconduct) Complaint will either be dismissed or a referral to the Discipline Committee for a hearing of complaint Where Complaints Committee dismisses a complaint – complainant can refer the matter to the Complaints Auditor for a review of whether the process utilized has been appropriate.

40. 3.3 Complaints and Discipline cont’d Discipline Committee: Quasi-judicial body: rules of evidence and standards of proof based on the Statutory Powers Procedures Act. Employer may be entitled to intervener status and can fully participate in the hearing, i.e. lead evidence, cross-examine witnesses. Employer will have opportunity to have input into the determination of the appropriate resolutions of the complaint for the benefit of all parties involved and most particularly for the protection of the public. Appeals of decisions are to the Appeal Committee.

41. 3.3 Complaints and Discipline cont’d Discipline Committee: Powers of Discipline Committee range from cancellation, suspension of membership to an undertaking by member to take remedial action to the imposition of conditions as required re training, experience ,etc. Appeals of decisions are to the Appeals Committee.

42. 3.4 CBO Autonomy Designated duties not affected Identified as having interests beyond generic Building Officials Principal Authority Involvement

43. 3.5 Jurisdictional Resources Large Municipalities – generally have sufficient resources re staff, money for training and development, internal support and expertise re standards of conduct/ethics/competency assessment and other oversight functions. Small Urban, Rural and Northern Principal Authorities - face significant challenges in these areas

44. 3.6 Professional Interaction Specialized/Affiliated Building Officials Alternative education and developed certifications given no consideration in qualification Engineers and Architects In developing technical and procedural advancements for the industry, do not have access to one voice for Building Officials Industry Partners Inconsistent administration and core code knowledge impairs the efficiency of the industry

45. 4.0 Potential Solutions 4.1 Qualification 4.2 Conduct and Ethics 4.3 Complaints and Discipline 4.4 Principal Authority and CBO Autonomy 4.5 Jurisdictional Resources 4.6 Professional Interaction

46. 4.1 Qualification Address exam content and applicability Develop (in conjunction with MMAH or other partners) exams that test core knowledge and understanding, not so much where to find information and ensure applicability (ie inspectors writing the structural exam) Mandatory Education vs re-examination Qualification maintenance should be by mandatory continuous learning, not re-examination, as in other professions. Consider industry certification vs examination (OPIA, OMFPOA) Updated specialist certifications could for the basis for qualification, and specialized training could count toward maintenance (ie HRAI)

47. 4.1 Qualification cont’d PLA/PEA for trades and foreign trained professionals Learning and experience assessment contribution toward qualification would expand the resource pool available by accounting for practical knowledge and legislative administration in different countries and cultures Expand internship to include experience Upon the completion of examinations, the mentorship process will extend beyond the internship program, and it’s practice restrictions Delegated Internship Possibilities Consider the ability of larger and better resourced principal authorities to conduct internal internship programs

48. 4.2 Conduct & Ethics Establish a provincial minimum standard for conduct and ethics The OBOA bylaw would contain and provide for the enforcement of a province wide code of conduct and ethics Encourage PA’s to adopt conduct and ethics Principal Authority Codes of Conduct could compliment and mesh with a provincial minimum to ensure seamless application of standards Explore the ability to internalize components of the procedure As with internship, consider the ability of larger and better resourced principal authorities to internalize certain front end functions such as complaint intake, initial investigation and mediation.

49. 4.2 Conduct & Ethics cont’d Provide practice support to PA’s Develop processes and services that will assist all principal authorities in developing conduct and ethics policies and procedures that will minimize any potential conflicts between principal authorities and a professional regulatory regime.

50. 4.3 Complaints & Discipline Engage PA’s and CBO’s to Participate The unique, automatic intervener status for principal authorities and RCA’s set out in the proposal encourages involvement and input in any and every disciplinary process Recognize PA Procedures in Process Have regard for the complaints review, investigation and disciplinary processes of principal authorities in the process Establish Compliance as Core Principle The guiding principle of the process is compliance, personal betterment and non-punitive correction.