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Professional Services
March 27, 2006
Building code amendments need clarification
TORONTO
Professional Engineers Ontario (PEO) has requested the courts to “clarify” an application of controversial amendments to the Ontario Building Code, which came into effect January 1.
In a press release, PEO counsel Richard Steinecke said the amendments “appear to prohibit anyone who has not met qualification and registration requirements in the OBC from engaging in certain building design activities or preparing reports on general review of construction.
“Our argument will be that these amendments duplicate, contradict and otherwise interfere with the important statutory role of PEO to license, discipline and regulate its members.”
PEO council, including its 12 government appointees, unanimously agreed on March 3 to ask the court to interpret the application of the OBC amendments. It filed a notice of application for judicial review with divisional court March 20.
As the regulator of professional engineering in the province, PEO felt “it had no other option” than to take this action to maintain the integrity of its exclusive jurisdiction over regulation of engineering under the Professional Engineers Act.
“This action is simply about good regulatory practice,” says Catherine Redden, a government appointee to PEO council. “To properly exercise the exclusive delegated authority devolved to it in the public interest by the legislature over 80 years ago, PEO must do whatever is necessary to protect the integrity of its licensing and authorization instruments under the act.”
Kim Allen, PEO’s chief executive officer and registrar, said this course of action follows two years of discussions with the Ministry of Municipal Affairs and Housing.
“Unfortunately, all of our proposals were rebuffed in favour of those that would create a system paralleling the new legislative requirements,” Allen said. “As a regulator, PEO cannot support overlapping legislative responsibility for, and requirements imposed upon, the same licence holders.”
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