Looking Back at the First Half of 2022
The OAA has had a busy first half of this year, especially with respect to Policy and Government Relations (PGR) work. From weighing in on multiple public consultations to monitoring significant changes to the development approval process, along with ongoing research projects and continuing to advance initiatives that address the climate emergency, 2022 has already been a whirlwind of activity.
Public Consultations
Stemming from the end of 2021 and leading in to election season 2022, the OAA undertook to respond to numerous public consultations in a very short timeframe.
Building Code Consultations
As the province moves to harmonize the Ontario Building Code with the National Codes, the public had the opportunity to weigh in on more than 700 proposed code changes. With more than half of the proposals pertaining to energy efficiency, the OAA took an “all-hands-on-deck” approach to responding to the Winter Code Consultation. From the Association’s perspective, the energy efficiency proposals are problematic—they appear to move Ontario’s standards backward from the current SB-10 and SB-12 to a lesser standard. The OAA has strongly cautioned government against any harmonization measures that will reduce energy efficiency requirements in Ontario.
The OAA also responded to the proposed interim changes to the 2012 Building Code that intend to support innovation, increase housing supply, and improve firefighter safety. The changes contemplated in this particular consultation were passed via omnibus legislation (more on this below) and many of the changes took effect July 1, 2022.
Other Building Code consultations to which the OAA responded include Interim Changes to the 2012 Ontario Building that Exempt Sheds from Building Code Requirements.
CSA Standards
In addition to the building code consultations, the OAA also responded to consultations on two CSA standards.
In its review of the New CSA Long-Term Care Homes Standard, the Association concluded it is generally supportive of the standard. Given the aspirational nature of it, the OAA will consider following up with the Ministry of Long-term Care to recommend that Ontario’s Design Standards for LTC homes should align with the CSA standard, and if undertaken, there will be budgeting and planning considerations for the Ministry.
In its review of the New CSA Accessible Design Standard, the OAA submitted selective comments focusing on key changes highlighted by the CSA as well as suggesting a review of accessibility considerations related to electric-vehicle-charging stations.
FARPACTA Regulatory Proposal
Emerging from the passage of Bill 27, Working for Workers Act, 2021 (see the OAA submission here), amendments were made to other pieces of existing legislation, including Fair Access to Regulated Professions and Compulsory Trades Act (FARPACTA), 2006. The purpose of FARPACTA is to ensure regulated professions and individuals applying for registration by regulated professions are governed by registration practices that are fair, impartial, objective, and transparent.
Upon the passage of Bill 27, regulatory changes to FARPACTA were required. In addition to attendance at multiple in-person consultation sessions about these changes, the OAA made a written submission to reiterate its position on the various proposals, including changes to Canadian experience requirements, language proficiency testing, decision-making timeframes, and registration processes during emergencies.
BCIN Consultation
The OAA is participating in the Ministry of Municipal Affairs and Housing (MMAH) consultation on the current Building Code Identification Number (BCIN) system. The Ministry is seeking feedback on the current qualification program and looking to identify potential changes for the future. The Executive Committee of OAA’s Council is attending an interview with the Ministry on July 20, 2022.
Significant Changes to the Development Approval Process
The introduction and speedy passage of Bill 109, More Homes for Everyone Act, 2022, brought with it significant changes to the development approval process and legislated building code changes proposed through Interim Changes to the 2012 Building Code. The OAA’s submission on this legislation is here.
In principle, the OAA is supportive of this legislation and was happy to learn some recommendations it had been advancing for more than a decade had passed, including delegated authority for site plan control decisions and additional funding to help the Ontario Land Tribunal resolve disputes faster. Other changes to the development approval process that result from the passage of this legislation include:
- A 60-day timeline for approval of site plan applications, including application fee rebates starting January 1, 2023 for processes that take longer than the allotted 60 days; and
- The “Streamline Development Approval Fund” to assist municipalities to ready themselves for this 60-day timeline and associated fee rebate requirement.
Through its work over the remainder of this year, the OAA will continue to encourage government to restore the Section 41 design exclusions to the Planning Act, ensuring planners can focus on the elements of a proposal that affect the public realm and leave colours, materiality, and other design decisions to architects.
In addition to the significant changes to the development approval process for which Bill 109 is responsible, the legislation also supports innovation in design and construction. It includes changes to the Ontario Building Code, including the allowance of 12-storey mass timber construction and modular multi-unit residential construction. In its submission, the OAA expressed support for both of these changes.
Research
The University of Toronto long-term care study continues to progress and the Phase 1 report, including 25 case studies and 50 design recommendations, will be publicized in later this summer. At that time, Phase 2 of the research will commence.
In addition to this, the Construction Design Alliance of Ontario (CDAO), of which the OAA is a member, released their study, “Impacts of Pre-Project Investment & Quality of Documents on Project Delivery Efficiencies”, which confirms the high cost of low quality design documents on projects. This report will be presented at CDAO’s Procurement Day which is expected to take place in later October of this year.
Climate Action
To uphold and amplify the Association’s strategic theme of climate action, many environmental initiatives have been underway since the start of 2022. The OAA’s Sustainable Built Environment Committee (SBEC) members supported the development of the Association’s response to the Winter Building Code Consultation including a response to more than 300 changes that contemplated energy efficiency measures in buildings. Additionally, SBEC members comprised the Technical Jury for the 2022 Design Excellence Awards, and presented Continuing Education sessions at the 2022 OAA Conference, Inspiring Climate Action.
To stay up to date about the OAA’s Policy and Government Relations work, periodically stop by the Government Relations page on the OAA website. If you have specific questions about any of the initiatives listed in this round up, please contact Sara Trotta.