Ontario Association of Architects. Meeting #157 Open MINUTES May 10, 2006

Transcription

1 Ontario Association of Architects Meeting #157 Open MINUTES The one hundred and fifty-seventh meeting of the Council of the Ontario Association of Architects, held under the Architects Act, took place on Thursday at the OAA Headquarters Building, Toronto, Ontario. Present: David Craddock President Sean O Reilly Senior Vice President & Treasurer Michael Bulatovich Vice President, Communications Allen Larden Vice President, Practice Sheena Sharp Vice President, Government Relations Lisa Bate Immediate Past President Jerry Chlebowski Pawel Fiett Paul Hastings William Kachmaryk Debra Krakow Joanne McCallum Jeff Perry Andre Sherman George Teichman Lieutenant Governor in Council Appointee Michael Visser Lieutenant Governor in Council Appointee Brian Watkinson Executive Director & Deputy Registrar Kristi Doyle Senior Policy Advisor Marcia Cooper Communications Specialist Marilyn Regendanz Office Manager Tina Carfa Executive Assistant, Executive Services Regrets: Amar Banerjee Lieutenant Governor in Council Appointee Peter Barnicke Lieutenant Governor in Council Appointee Louis Cooke Vice President, Statutory Activities The President called the meeting to order at 10:10 a.m. AGENDA APPROVAL The President noted that the following item had been added to the agenda: 5.1 Ryerson Liaison (oral) It was moved by Kachmaryk and seconded by Bulatovich that the agenda be approved as amended. -- CARRIED UNANIMOUSLY APPROVAL OF MINUTES

2 Page 2 of Reference Material Reviewed: Draft Minutes of the March 9, 2006 Open Council Meeting. (APPENDIX A ) The minutes from the March 9, 2006 Open Council Meeting were reviewed by Council. It was moved by Kachmaryk and seconded by Sherman that the minutes of the March 9, 2006 Open Council meeting be approved as circulated. -- CARRIED, (3 abstentions) Reference Material Reviewed: Draft Minutes of the April 13, 2006 Open Council Meeting. (APPENDIX B ) The minutes from the April 13, 2006 Open Council Meeting were reviewed by Council. It was moved by Sherman and seconded by Bulatovich that the minutes of the April 13, 2006 Open Council meeting be approved as circulated. -- CARRIED, (3 abstentions) BUSINESS ARISING FROM THE MINUTES There was no business arising from the minutes. NEW BUSINESS For Review and Approval Reference Material Reviewed: Memorandum from s Jeff Perry and Pawel Fiett dated May 1, 2006, re. Internationally-Trained Professionals (ITP) Mentoring Pilot Project and attached background materials. (APPENDIX C ) It was reported by a member of Council that a conference call was held the previous day to review and discuss the appointments to the ITP Mentoring Pilot Project Steering Committee. He noted that 15 expressions of interest were received resulting in a list that includes licensed architects, interns, and others considering becoming licensed in Canada. In selecting the make up of the Committee, it was agreed that there should be diverse range in the background of the Committee members. The individuals to be recommended would be as follows: Vladimir Popovich who is a licensed architect, Victoria Lucas who is currently an intern, and Ghada Abdul-Baki, a Lebanese architect, not yet licensed in Canada. The Council member also noted that there was a Request for Proposal (RFP) which was advertised in the e-bulletin special edition of April 18, 2006 for the development of written content specific to the architectural profession to assist the mentors and their internationally-trained architects. The Council member noted that one RFP was received. It was noted that his credentials appear to fit the requirements, but that Fiett and Perry wished to interview the proponent to ensure that is the case. The went on to note that OAA policy calls for more than one application if the RFP is greater than $2,500 and that this RFP is approximately $3,500. It was noted that the policy does allow for solesourcing in certain circumstances. The member of Council requested approval to grant the RFP to the individual who applied due to the time sensitive nature of the program and because his qualifications which fit the criteria. It was moved by Fiett and seconded by Perry that the following individuals be appointed to the ITP Mentoring Project Steering Committee effective immediately: Vladimir Popovich

3 Page 3 of 10 Victoria Lucas Ghada Abul-Baki -- CARRIED (1 Abstention) It was moved by Fiett and seconded by Kachmaryk that Council approve the granting of the RFP to Martin Contal, subject to an interview of Contal by Perry and Fiett, to develop written content specific to the architectural profession to assist the mentors and their internationally-trained architects. -- CARRIED (1 Abstention) Reference Material Reviewed: Memorandum from Vice President, Statutory Activities Louis Cooke dated April 13, 2006 re. Broadly Experienced Architect Inter-Recognition Agreement (Reciprocity between Canada and the US). (APPENDIX D ) The President suggested that in the absence of the Vice President, Statutory Activities that the issue be deferred to June at which time his intention is to be present to discuss the issue. It was moved by Kachmaryk and seconded by Bulatovich that the issue regarding broadly experienced architects and the Canada-United States inter-recognition agreement be deferred for consideration of approval to the next Council meeting. -- CARRIED UNANIMOUSLY Reference Material Reviewed: Memorandum from Executive Director, Brian Watkinson dated April 6, 2006 re. Architect Registration Examination (ARE) Consideration of Re-commitment to Review of ARE in Canada. (APPENDIX E ) Watkinson reported that along with the attached memorandum which was deferred from the prior Council meeting he added that there had been some additional developments. He noted that the Ordre des Architectes du Quebec (OAQ) were moving ahead with the development of their own examination to replace the ARE. Watkinson suggested that Council needs to consider renewing their commitment to work with the Alberta Association of Architects (AAA), the OAQ, and hopefully, eventually the remainder of the provinces on an exam suitable to Canadian architects. The content of the exam as reported by Watkinson would still need to be firmed up with the next step being the learning objectives. Watkinson indicated that the examination would likely be covered over a two day period. In reviewing the resources required, Watkinson suggested that approximately of a staff person would be required to assist in the development and implementation of the first phase of the work and that a consultant could possibly be hired to assist in overseeing the first phase which involves developing the learning objectives in detail. The final development of the question pool could also be managed by a consultant as the OAA did with the Building Code Designation System assessments. Watkinson noted that the OAQ has completed some work and has an idea of what they feel the content needs to be. Watkinson added that part of the intention of the examination is to ensure that there is no reexamination of what is already covered in the professional degree. A member of Council suggested that the interns may possibly not gain recognition in the U.S. if the new exam is implemented. It was indicated by a member of Council that the U.S. is making various deals among the States where the ARE is not included in the dealings.

4 Page 4 of 10 Sharp requested some feedback from sources in the U.S. with respect to honouring the new exam. Watkinson recalled that a survey went out to interns at one point with regards to the current ARE and there was a general consensus that they wanted to discontinue and replace it. The interns noted that what they were looking for was a sensible exam to become licensed in Ontario and that inter-recognition with the U.S. was not a big issue to most. Watkinson added that the National Council of Architectural Registration Boards (NCARB) is aware of the possibly of a replacement examination being created and noted that many states require supplementary exams be written along with the ARE. A member of Council reported that the OAA is already looking at a significant cost in translating the current ARE and therefore, a decision either way needs to be made soon. It was noted by a Council member that there should be an exam created for the interns who will help in getting them through in half the time it is currently taking to complete the exams. An enquiry was made by a member of Council as to whether there could be possible political allies in the U.S.. Watkinson noted that there may be allies with the American Institute of Architects, as well as the student and intern organizations in the U.S. The necessity to translate the ARE into French was questioned by a member of Council, and it was confirmed that it was not legally required. It was suggested by a member of Council that an investigation take place to review the subject matter and proposed learning outcomes and then develop a proposal and recommendation on an alternative exam to the ARE. Watkinson recalled that Council in 2005 decided that they wanted to pursue an alternate to the ARE and notwithstanding the lack of response, the OAQ has decided to proceed in its development. It was moved by Bate and seconded by Perry that Council endorse the 2005 Council decision to participate in developing the outline of a Canadian licensing examination, including topics and learning objectives to be examined, in order to pursue a Made in Canada model. -- CARRIED (9 in favour, 3 opposed, 3 abstentions) A member of Council enquired as to what the next steps would be now going forward. Watkinson responded that a mockup of the exam would be created starting at the highest level and work down from that point with the AAA and OAQ. Watkinson added that perhaps 2-3 s could be involved along with staff support to be determined with the guidance of a consultant. Council agreed that a task group be created to meet to discuss the viability and implementation of a national ARE and report back to Council on the feasibility of the proposal. The following s volunteered to participate in the ARE Task Group: Lisa Bate, Joanne McCallum, and Jeff Perry. A Council member suggested that a meeting be set up with the AAA and OAQ at the RAIC Festival of Architecture next month. Direction: Watkinson was directed by Council to contact the AAA and OAQ to arrange a meeting at the RAIC Festival of Architecture in June to discuss the development of a national version of the ARE.

5 Page 5 of Reference Material Reviewed: Memorandum from Senior Policy Advisor, Kristi Doyle dated April 5, 2006 re. Provision of Feedback re. OAA s Building Code Designation System (BCDS) Assessments. (APPENDIX F ) Doyle suggested that her memorandum was self-explanatory. She recalled that at the March 9 th Council meeting, there was discussion with respect to providing feedback to members. The questions are characterized into broad topic areas as noted by Doyle and attached the Part 9 Study Guide as an example. Doyle reported that after the April assessment results went out, four individuals who did not successfully complete the assessment asked to see their tests. The current policy was reiterated to those members. In the case of unsuccessful assessments, Doyle noted that an automatic remarking is done manually for each. A member of Council suggested that staff time should not be allocated to providing detailed replies to those candidates who request feedback. It was recommended by a member of Council that feedback could be provided to the four members in a broad format, since it is their livelihood at stake. It was moved by Sharp and seconded by Fiett that Council approve providing very broad feedback to members who have been unsuccessful in the completion of the BCDS assessments if requested, including the mark obtained in the assessment. -- CARRIED (14 in favour, 1 opposed, 1 abstention) Reference Material Reviewed: Memorandum from Vice President Statutory Activities, Louis Cooke dated April 13, 2006 re. Amendment to Council Policy Applications for Licence and Certificate of Practice received more than three (3) years after cancellation). (APPENDIX G ) The President reported in the absence of the Vice President Statutory Activities, noting that the policy amendment was only a wording clarification. It was moved by Kachmaryk and seconded by Sherman that Council approve the amendment to the Council policy Applications for Licence and Certificate of Practice received more than three years after cancellation, as circulated. -- CARRIED (4 abstentions) Reference Material Reviewed: Memorandum from Vice President Statutory Activities, Louis Cooke dated April 13, 2006 re. Amendment to Council Policy Applications for Licence received more than three (3) years after Resignation from a person who Voluntarily Resigned his/her Membership). (APPENDIX H ) The President reported in the absence of the Vice President Statutory Activities, noting that the policy amendment was only a wording clarification. It was moved by Kachmaryk and seconded by Sherman that Council approve the amendment to the Council policy Applications for Licence received more than three years after Resignation from a person who Voluntarily Resigned his/her Membership, as circulated. -- CARRIED (5 abstentions) Reference Material Reviewed: Memorandum from Vice President Statutory Activities, Louis Cooke dated April 13, 2006 re. Amendment to Council Policy Name of Certificate of Practice. (APPENDIX I )

6 Page 6 of 10 The President reported in the absence of the Vice President Statutory Activities, noting that the policy amendment was only a wording clarification. It was moved by Kachmaryk and seconded by Sherman that Council approve the amendment to the Council policy Name of Certificate of Practice, as circulated. -- CARRIED (1 abstention) Reference Material Reviewed: Memorandum from Senior Vice President and Treasurer, Sean O Reilly dated May 2, 2006 re. Pro-Demnity Insurance Company Annual Meeting of the Shareholder and attached background materials. (APPENDIX J ) The Senior Vice President and Treasurer reported that the information circulated highlights an amendment to the By-laws requiring Council s approval and involves Council receiving Pro-Demnity Insurance Company s (Pro-Dem) Financial Statements. A member of Council enquired as to the reason for the By-law change on page 3, item 4 of the memorandum. The purpose was to provide closure on issues that repeatedly get brought up in the meetings, as explained by another member of Council. The ability to reopen the issue remains but now requires twothirds majority to do as such. It was noted that this parallels a similar provision in the OAA By-laws. It was moved by Bate and seconded by Sherman that the Ontario Association of Architects (as the sole shareholder of Pro-Demnity Insurance Company) hereby elects the following individuals as Directors of the Board of Pro-Demnity Insurance Company for a one year term effective May 10, Christopher Fillingham, Chair Leo Makrimichalos Sean O Reilly Ted Shepherd J.E. (Ted) Sievenpiper Andre Sherman Jeff Perry Edward Belton John van Haastrecht Ron McLaughlin Sylvia Watson Michael Natale -- CARRIED (3 abstentions) Architect Member Architect Member Ex-officio/OAA Sr. VP & Treasurer Architect Member Architect Member OAA Council Appointee OAA Council Appointee It was moved by O Reilly and seconded by Sherman that the Ontario Association of Architects (as the sole shareholder of Pro-Demnity Insurance Company) hereby appoints Eckler Partners Ltd. The actuary for Pro-Demnity Insurance Company for its fourth year operation, and authorize the Finance and Audit Committee to fix remuneration. -- CARRIED (4 abstentions) It was moved by O Reilly and seconded by Kachmaryk that the Ontario Association of Architects (as the sole shareholder of Pro-Demnity Insurance Company) hereby appoints BDO Dunwoody the auditor for Pro-Demnity Insurance Company for its fourth year operation, and authorize the Finance & Audit Committee to fix remuneration. -- CARRIED (2 abstentions)

7 Page 7 of 10 It was moved by Kachmaryk and seconded by Bate that the Ontario Association of Architects (as the sole shareholder of Pro-Demnity Insurance Company) approves the amendment to By-law No of Pro-Demnity Insurance Company regarding Review of Decisions as circulated. -- CARRIED (9 in favour, 5 opposed, 2 abstentions) It was moved by O Reilly and seconded by Kachmaryk that the Ontario Association of Architects (as the sole shareholder of Pro-Demnity Insurance Company) receive the Financial Statements from Pro-Demnity Insurance Company for the 2005 fiscal year as circulated. -- CARRIED (1 abstention) Items for Discussion Reference Material Reviewed: Memorandum from President, David Craddock and Senior Policy Advisor, Kristi Doyle dated April 12, 2006 re. Ontario Realty Corporation (ORC). (APPENDIX K ) The Immediate Past President reported that she recently attended a meeting with ORC where new President and CEO Greg Dadd was present and noted that he appeared to be open to communication. He recommitted to the principles previously agreed to in a Memorandum of Understanding that spoke to improving working relationships and adopting fair and equitable practices. She noted that a meeting was held on the ORC Contractor Evaluation process, which includes consultants in the definition of contractors. She has noted concerns with the process as it currently stands, as has the Ontario General Contractors Association (OGCA). She noted that it is unlikely that the OAA and others will be able to convince the Board of ORC to withdraw the process as it is looking for a process to evaluate consultants as part of its consideration of moving to Quality Based Selection (QBS). It was moved by Bate and seconded by Kachmaryk that Council approve the strategy with ORC as outlined in the memorandum as circulated. -- CARRIED (1 abstention) Reference Material Reviewed: Memorandum from Senior Vice President and Treasurer and Chair, PCS Review Steering Committee, Sean O Reilly dated May 1, 2006 re. PCS Review Steering Committee Update on Committee Activities. (APPENDIX L ) The Senior Vice President and Treasurer reported that the committee reviewed the feedback forms that came back on after Practice Consultation Service visits and determined that an additional survey is needed. A Council member suggested that the survey does not address in enough detail the kind of firm and type of work that is performed by that firm, adding that the member would not be able to adequately address most questions with a yes or no answer. Question 7 in the questionnaire does not allow enough flexibility as suggested by a Council member and recommended that the questions from 8 onwards should asked directly if the respondent believes the program should be mandatory. The Council member also suggested that Question 10 should be left blank for completion by the member. A member of Council enquired as to what a reasonable response rate would be for the survey to be considered legitimate. It was indicated by a Council member that the survey in its current format is too difficult to complete and needs to go back to the PCS Review Steering Committee for refinement. A member of Council suggested that too little data had been accumulated for the program and it has not been well documented.

8 Page 8 of 10 Watkinson recalled that the Council at the time of its development and inception discussed in depth the question of whether-or-not the PCS should be designed to gather statistics and build a database, and that for a number of reasons, Council decided it should not. He noted that the Practice Consultants have, however, reviewed their files and detailed reports, and produced a summary of all regulatory issues encountered and of the key practice issues that have been identified. With regard to a comment that the PCS, because it has found so few regulatory infractions, was unnecessary Watkinson noted that probably 90% of what the PCS looks at is not regulatory, rather is a form of management consulting. Those latter areas are mostly covered in the self-evaluation portion of the PCS process for the benefit of the practice in evaluating its performance, and that the non-regulatory aspects looked at during site visits were arrived at with input from practice advisory staff, staff supporting complaints and discipline processes, Pro- Demnity staff, and from members as being aspects that potentially create risks that lead to practice problems and lawsuits. A Council member suggested that there was a contradiction in labeling the program with consultants, yet it is mandatory and Council should abandon the veneer that it is a volunteer service. It was indicated by a Council member that the question be put forth in the survey, asking the membership whether they have implemented any of the recommendations made by the consultants. The Senior Vice President and Treasurer reported that about 25% of practices have now done the review and 25 of the 300 completed to date were voluntary. A Council member suggested that substituting a course in Continuing Education through Pro-Demnity might be considered. It was moved by O Reilly and seconded by Kachmaryk that Council approve the survey in principle with the recommendation to go back to the PCS Review Steering Committee for further revision as suggested by Council and then circulate the final survey to those who have participated in PCS. -- CARRIED (7 in favour, 5 opposed, 2 abstentions) Reference Material Reviewed: Memorandum from Chair, Communications Committee, Pawel Fiett dated April 6, 2006 re. Report on e-bulletin. (APPENDIX M ) The Vice President, Communications suggested that the memorandum was self-explanatory. A member of Council suggested that an e-bulletin after a Council meeting could highlight a key decision made or action taken by Council as the headline story. It was noted by a Council member that there will still be urgent issues that will result in special e-bulletins Government Relations Task Group (oral) The Vice President, Communications reported that there was no report as the Task Group has not met since the last meeting of Council Reference Material Reviewed: Memorandum from President, David Craddock dated May 3, 2006 re. Amendments to the Planning Act Bill 51 and attached background information. (APPENDIX N ) The Immediate Past President reported that the OAA was alerted to the issue of Bill 51 back in the Fall of 2005 by our then-government relations consultant.

9 Page 9 of 10 A member of Council indicated that he recalled during a recent session which he attended it was implied that they would be implementing the Bill by this coming January, and that the Bill contains measures that could impact sustainability. The Immediate Past President clarified that the issue of sustainability is a very minor component of this very comprehensive legislation, legislation which will have a major impact on many aspects of practice, adding that she believed that it was critically important that the OAA voice its opinion on the Bill. A Council member noted that it is a key issue since there would be an increase in the regulatory involvement of the government, adding that a letter should be written as soon as possible to the Minister of Municipal Affairs and Housing, voicing the OAA s concerns. Doyle reported that she was monitoring the Government of Ontario web site daily regarding the scheduling of committee hearings. A member of Council agreed that the OAA should be present and take on a high profile role in its involvement. Another stated that the OAA submission should reflect the broader sector, not just the position of the OAA. The President added that the Society Chairs had also expressed concern over the Bill. It was moved by Bate and seconded by O Reilly that a Committee of Council consisting of three members be struck to undertake a comprehensive analysis of the legislation; that a written submission be prepared within a two week period to go to the Standing Committee on Good Government in response to Bill 51; that the research and work done to date be considered for use as the basis of this submission; and, that the OAA submission should represent the broader design, development and construction sector. -- CARRIED UNANIMOUSLY The following members of Council volunteered to participate in the Committee: Paul Hastings, William Kachmaryk, and Sheena Sharp, with the President providing final approval on documentation to go out City of Hamilton Proposal Call Update Draft Model Request for Proposal Documents Status (oral) A member of Council reported that she met with Hamilton-Burlington Society Chair Bill Curran and staff of the City of Hamilton outlining and discussing concerns with respect to the city s procurement process. With respect to the award of the City Hall project to an architectural practice, she noted that city staff indicated during the meeting that all the criteria in the proposal call were met. The Council member indicated that she has made a request to view a copy of the contract and is hoping to move forward to develop the QBS process with a goal to achieving something positive for all municipalities. Items for Information The President suggested that all of the items listed under for information be treated as such unless any s have comments or questions pertaining to them Bill 124 Task Group Report (oral) It was noted that there was no new information to report.

10 Page 10 of Reference Material Reviewed: Memorandums from Vice President, Practice, Allan Larden dated May 2, 2006 and April 4, 2006 re. Report from Vice President, Practice. (APPENDIX O ) Reference Material Reviewed: Correspondence from OAA Legal Counsel, John Brunner dated April 25, 2006 re. Amendments to Sections 3, 14, and 30 of the Architects Act. (APPENDIX P ) Reference Material Reviewed: Memorandum from the Responsible for Internationally- Trained Professionals dated April 4, 2006 re. Update re. Internationally-Trained Professionals and attached background information. (APPENDIX Q ) Reference Material Reviewed: OAA 3/12ths Financial Statement. (APPENDIX R ) Reference Material Reviewed: Activities under the Registrar. (APPENDIX S ) Reference Material Reviewed: Articles from Publications. (APPENDIX T ) OTHER BUSINESS Ryerson Liaison. (oral) A member of Council who also serves as a liaison with Ryerson University reported that he met with the school s head of architecture, George Kapelos, who indicated that he was interested in an increase in the OAA s involvement. The Council member indicated that Kapelos would like OAA members to visit the school to act as critics for the students. The report was noted for information at this time. DATE OF NEXT MEETING The next regular meeting of Council is Thursday, June 8, 2006 at 9:30 a.m. at the OAA Headquarters in Toronto, Ontario. ADJOURNMENT It was moved by Bulatovich and seconded by Bate that the meeting be adjourned at 2:05 p.m. --CARRIED UNANIMOUSLY President Date