a Ontario Association of Architects Meeting #191 Open MINUTES The one hundred and ninety first 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: Gerrie Doyle President Louis Cooke Vice President, Regulatory Activities David Craddock Vice President Practice (part attendance) James Farrow Senior Vice President and Treasurer Pawel Fiett Vice President Communications Sean O Reilly Immediate Past President Vladimir Popovic Vice President Strategy J. William Birdsell Jane Burgess Jerry Chlebowski Peter Gabor Brad Green Paul Hastings Elaine Mintz Lieutenant Governor in Council Appointee Sheena Sharp Andre Sherman (part attendance) Kristi Doyle Director of Policy Gordon Masters Director of Operations Hillel Roebuck Registrar Marcia Cooper Communications Specialist Tina Carfa Executive Assistant, Executive Services Regrets: Thomas Thoma Lieutenant Governor in Council Appointee Michael Visser Lieutenant Governor in Council Appointee The President called the meeting to order at 2:20 p.m. AGENDA APPROVAL 6394. There were no items to be added to the agenda: It was moved by Craddock and seconded by Farrow that the agenda be approved as circulated. -- CARRIED UNANIMOUSLY APPROVAL OF MINUTES 6395. Reference Material Reviewed: Draft Minutes of the September 24, 2009 Open Council Meeting. The minutes from the September 24, 2009 Open Council Meeting were reviewed by Council. It was moved by Birdsell and seconded by Chlebowski that the minutes of the September 24, 2009 Open Council meeting be approved as circulated. -- CARRIED UNANIMOUSLY 6396. Reference Material Reviewed: Draft Minutes of the October 16, 2009 Special Meeting of Council
Page 2 of 9 The minutes from the October 16, 2009 Special Meeting of Council were reviewed by Council. It was moved by Mintz and seconded by Birdsell that the minutes of the October 16, 2009 Special Meeting of Council be approved as circulated. -- CARRIED UNANIMOUSLY BUSINESS ARISING FROM THE MINUTES 6397. There was no business arising from the minutes. ITEMS FOR REVIEW AND APPROVAL 6398. Reference Material Reviewed: Memorandum from Communications Committee dated August 26, 2009 re. Changes/Recommendations for 2010 and 2011 OAA Awards program (APPENDIX A ) The Vice President Communications reported that due to time constraints at the last Council meeting, consideration of the recommendations for the 2010 and 2011 OAA Awards program were deferred to the November Council Meeting. Approved in September was the elimination of the Allied Arts Award. It was moved by Fiett and seconded by Popovic that Council approve the changes to the 2010/2011 OAA Awards Program as recommended by the Honours and Awards Task Group in the memorandum dated August 26, 2009. -- CARRIED 6399. Reference Material Reviewed: Memorandum from President, Gerrie Doyle dated November 3, 2009 re. Report from Meeting of the Canadian Architectural Licensing Authorities re. Review of the Canadian Education Standard. (APPENDIX B ) The Senior Vice President and Treasurer took the Chair. The President reported that the Task Group of Council reviewed the Canadian Education Standard (CES) and as a result, several issues were brought forth to the Canadian Architectural Licensing Authorities (CALA) for consideration during the meeting in Winnipeg. It was noted by the President that there was some discussion as to whether to make the Academic Work Portfolio a mandatory requirement as it may be perceived by the Fairness Commissioner to be unfair. The President reviewed all of the issues presented to and discussed by CALA as outlined in the memorandum to Council. A member of Council enquired about the Work/Study Assessment Committee referenced in point six of the memorandum. K. Doyle responded that it had been a suggested additional committee which would only deal with the assessment of Syllabus students and the proposed RAIC Centre for Architecture. K. Doyle added that the recommendation had been to not accept the proposed additional committee structure given that the existing committee structure was seen to be adequate. It was moved by G. Doyle and seconded by Birdsell that Council approve the recommendations of the Task Group regarding the CES as outlined in the memo dated November 3, 2009 and direct the President to complete the signature page of the revised CES once final editing has occurred based on the directions at the CALA meeting in Winnipeg, October 2009. -- CARRIED
Page 3 of 9 The President returned to the Chair. 6400. Reference Material Reviewed: Memorandum from the Continuing Education Committee dated September 11, 2009 re. Report from OAA Continuing Education Committee and attached background information. (APPENDIX C ) The President reported that due to time constraints at the last Council meeting, consideration regarding the External Providers Fee Schedule and promotion of external programs and training were deferred. Discussion and consideration of the issues were conducted in the in camera portion of the meeting. 6401. Reference Material Reviewed: Memorandum from, Sheena Sharp dated October 28, 2009 re. Proposed Standards of Practice Task Group and attached background information. (APPENDIX D ) The reported that the purpose of the proposed Task Group would be to investigate the development of practice standards and a guideline on processes and scope. This would impact the Licensed Technologist OAA since most choose not to practice independently but work for larger firms. It was suggested by the that the Task Group would explore the idea of allowing only certain individuals to perform site reviews. The meeting moved in camera at 2:40 p.m. and returned to the open meeting at 2:50 p.m. It was suggested by a member of Council that the issue could go through the Practice Committee as an alternative to creating a Task Group. It was additionally suggested that there is potential downside to establishing standard of practice from a legal perspective. A Council member indicated that there are currently an abundance of Task Groups and they should rolled into their parent committees. A member of Council expressed support for the Task Group, concerned that another set of standards be established externally. It was moved by Sharp and seconded by Craddock that Council approve the Terms of Reference for the Standards of Practice Task Group. -- DEFEATED (3 in favour) The Senior Vice President and Treasurer took the Chair. 6402. Reference Material Reviewed: Memorandum from Council Conference Committee dated October 27, 2009 re. OAA Conference 2010. (APPENDIX E ) The President reported that the title for the 2010 Conference was approved by Council at the October 16 special meeting and the Committee was now requesting Council s consideration with respect to the theme. It was moved by G.Doyle and seconded by Mintz that Council approve the final 2010 Conference Theme and Title The Changing Face of Architecture as proposed by the Conference Committee. -- CARRIED EXECUTIVE COMMITTEE REPORTS
Page 4 of 9 6403. Reference Material Reviewed: President s Log for the period September 24 to December 10 inclusive. (APPENDIX F ) 6404. Reference Material Reviewed: Memorandum from President, Gerrie Doyle dated October 24, 2009 re. Report from CALA International Relations Committee (IRC) and attached background information. (APPENDIX G ) 6405. Reference Material Reviewed; Agenda from the CALA meeting dated October 22, 2009. (APPENDIX H ) The President reported that the notes from the October CALA meeting will be ready for distribution in December. The agenda was noted for information. 6406. Reference Material Reviewed: Memorandum from President, Gerrie Doyle dated October 24, 2009 re. Canadian Architectural Certification Board (CACB) Annual Report and attached background information. (APPENDIX I ) The President returned to the Chair. 6407. Committee on the Future of the Profession/Interns (oral) A member of Council noted that she has not been able to proceed due to the staff contact assigned to assist has been devoting his time to the administration of the recent writing of ExAC. 6408. Reference Material Reviewed: Memorandum from Vice President Communications, Pawel Fiett dated October 20, 2009 re. Communications Committee Update. (APPENDIX J ) The Vice President Communications reported that the Web site development has been delayed due to issues relating to synchronization of technical issues with imis and the web site development team. It was noted by the Vice President Communications that the Committee is working to redefine the scope of work and has requested that a comparison of tradeoffs be outlined if the OAA chooses to move to imis. The reported was noted for information. 6409. Reference Material Reviewed: Memorandum from the Sustainable Built Environments Committee (SBEC) dated October 27, 2009 re. Update of Committee Activities and attached background information. (APPENDIX K ) The meeting moved in camera at 3:05 p.m. and returned to the open meeting at 3:10 p.m.
Page 5 of 9 6410. Reference Material Reviewed: Memorandum from Vice President Regulatory Activities, Louis Cooke dated October 23, 2009 re. Activities Under the Registrar September 15, 2009 through October 23, 2009. (APPENDIX L ) Roebuck reported that with respect to Discipline Committee, an architect who sought a leave to appeal was denied and now the penalty imposed will be implemented. Roebuck reported that other provinces have noted a large number of members from outside of their respective provinces applying for licence. Currently, Ontario has 13% of members residing outside of Ontario. Noted for information. 6411. Reference Material Reviewed: Memorandum from Vice President Practice, David Craddock dated October 21, 2009 re. Practice Portfolio Report/Update. (APPENDIX M ) 6412. Strategic Opportunities Committee Report on November 4 th Meeting (oral) The Vice President Strategic reported that the Committee had met yesterday. Various issues regarding roll out of the procurement process was discussed with the Ontario Realty Corporation (ORC). It was noted by the Vice President Strategic that a clause in the ORC s Consultant Contract is still an issue for discussion. Additional supplementary conditions (SC s) to the Consultant Contract were also considered in light of the Ministry of Government Services implementation of a new security clearance system. The Vice President Strategic noted that the group is reviewing those new SC s and will be providing comment. The Vice President Strategic indicated that Contractor/Consultant Performance Assessment Rating system is being revamped for the suppliers and information will be transferred from CPAR into the new system. A smaller task group will be meeting in the next few weeks to comment on the revised system. The meeting previously held in camera moved to open at 10:15 a.m. with the arrival of Chair of the Complaints Committee, Michelle Gibson to make her deputation to Council. 6413. Reference Material Reviewed: Memorandum from Vice President Regulatory Activities dated October 27, 2009 re. Project Management and/or Construction Management Services in addition to architectural services on the same project i.e. development of various agreements and attached background information. (APPENDIX N ) The President welcomed Gibson to the meeting. Gibson reported that Complaints Committee is the first point of access when an issue of concern comes from a member of the Association or the general public. It has been observed that many of the issues arise from improper or non-use of a contract to firm up agreements between the architect and the client. Of 63 cases, 26 involved contracts and of those, 8 cases did not even have a written contract. It was noted by Gibson that the industry is changing, the scope increasing and as a result there is a need to educate the public and architects in general about the use of contracts. There should be a clear understanding of the definitions, including a checklist of services including Schedule A and B. Services that are excluded from the contact also need to be clearly outlined.
Page 6 of 9 Gibson indicated that a variety of means be sought to assist in providing more effective communication. An example would be an annual course on the subject offered through the Admission Course or the Conference. It was suggested by Gibson that the contract becomes standardized and mandatory in its use. Recommending the use of a standard contract does not appear to be effective and is not occurring throughout the industry. Consistency is the key with respect to use of a contract. Gibson indicated that the contract should include a redefined scope and definitions. In addition, a document of practice tips do s and don ts should be distributed. For example, it must be understood that part of the practice of architecture includes meetings with the regulatory authorities to ensure compliance with all local requirements and regulations. It was noted by a member of Council that it has been noted that occasionally architects cross the line into General Contracting work and issues arise as a result of this. A Council member suggested that there be a series of separate contracts in a similar fashion to the American Institute of Architects (AIA) contract series. It was additionally noted that there has been insufficient promotion with respect to the document A Guide to Determining Appropriate Fees for the Services of an Architect. The President suggested that the fee guide could be revised specifically for the purpose of residential projects. Gibson indicated that there has been a marked increase in the number of complaints related to construction and project management issues. A member of Council suggested that a main component of the issue is the ability of the parties to be able to properly communicate, adding that the OAA has contracts that people do not wish to use due to their perceived length and complicated language. It was suggested by a member of Council that a task group be struck to review the documents and consider a suite similar to the AIA documents. It was noted by a Council member that it is imperative that a short form contract be created, adding that it would be beneficial to have a seminar at the Conference on this issue. A member of Council indicated that a simplified contract should be established specific to small projects, accompanied by a communication piece. It should be insisted that the contractor complete the contract by a specific deadline and added that with support by Pro-Demnity Insurance Company (ProDem) that insurance be refused to those without a contract. The President recalled that the issue of the short form agreement was debated last fall and Council voted at the time to continue to endorse Document 600 as the standard contract (regardless of project size). There is currently a Task Group mandated to review the by-laws and regulations and suggested that it be made mandatory for members to use Document 600. There has been a significant amount of work which has gone into Document 600, adding that RAIC uses a similar document, Document 6. K. Doyle noted that this recommendation has been previously noted and is pending consideration in the context of that review. It was noted by a member of Council that there appears to be an issue with getting people to identify clearly their scope of service within the contract. Roebuck suggested that people need education on the services offered by an architect. People have been generally making it up as they go along. The client tends to be naïve and ends up with no
Page 7 of 9 coverage. The architect occasionally sets up the contract so that the client becomes the contractor without his/her direct knowledge. It was suggested by a member of Council that Document 600 will erode the architects market because the range of scope of services is too narrow. The President noted that with respect to listing fees for small projects, the members did not want them listed for projects less than $500,000. If consideration is to be made to change Document 6 or 600 then there should be a consultation with the association before the client decides to change the contract. A Council member suggested that the changing role of architects is not being reflected in the education process and the province needs to be aware that people need to be educated on the architects roles and responsibilities. It was moved by Cooke and seconded by Birdsell that Council approve the establishment of a Task Group to further investigate all items set out within Action Items 1-13 of the memorandum dated October 27, 2009 and report back to Council. -- CARRIED UNANIMOUSLY The President noted that the Task Group would address the need for a short form agreement, how to create it, and the method by which to launch it to the members and general public. Gibson suggested that a non-architect serve on the Task Group, adding that Lieutenant Governor in Council Appointee, Michael Visser would be a good candidate. The President suggested that Gibson also serve on the Task Group and in addition, there be representation from Practice Committee. Volunteering to serve on the Task Group were Gibson, Lieutenant Governor in Council Appointee Visser, Vice President Practice, President, and Birdsell. Gibson left the meeting at 11:07 a.m. The meeting returned to the in camera portion at this time. 6414. Reference Material Reviewed: Memorandum from, Jane Burgess dated November 2009 re. Adopting a Code of Ethics. (APPENDIX O ) The reported that she conducted a review of all areas which may be affected directly or indirectly by the Code of Ethics such as the OAA Mandate. Reference was made to the five Framework Values. It was noted by the Council member that there was an apparent conflict between the Act and the Regulation. The Act states that there be standards set in place whereas the Regulation then identifies that which constitutes professional misconduct. The noted that the Manitoba Code of Ethics is the oldest of the documents and was the basis of the Code of Ethics proposed but not passed by Council in 2002 when a similar exercise was being conducted by the Council of the day. AIA published an updated Code of Ethics in 2007. The document weaves it in with their Code of Conduct, similar to the OAA s Regulations. A member of Council indicated that in Manitoba, the architect/contractor relationship is important and forms the basis on which issues like CCDC2 sits, noting that the reference has been removed in the updated draft version.
Page 8 of 9 The indicated that the clause is not there due to the changing construction process and new ways in which architects offer services. There should be a note to operate with a sense of integrity, judgment, etc. It was suggested by a member of Council that the ask Council if it would agree to include the term Contractor in the document. A Council member suggested that the term architectural services be written in. The indicated that s/he is seeking direction from Council with respect to the implementation process. This code can be accepted as a guideline, not enforced by the OAA, however added that it would likely be brought into a civil court case that involved an architect by virtue of its existence, if it were to be enforced by the OAA, it would need to be embedded in the Regulations. It was suggested by the President that the review Council s suggestions and make the required changes, contact legal counsel for an opinion on the issue and report back to Council in December. A member of Council expressed concern with the reason for considering the inclusion of the Code of Ethics in the Regulations, adding that s/he suggests limiting it to a basic statement. It was suggested that it simply puts more ammunition in the hands of others where someone is unhappy with their architect. It was suggested by a member of Council that a Code of Ethics is very fundamental and far reaching so therefore should go to the membership for consideration. ITEMS FOR DISCUSSION 6415. There were no items for discussion. ITEMS FOR INFORMATION 6416. Society Updates (oral) It was reported by the President that the final Society visit for 2009 is scheduled with the Grand Valley Society of Architects on November 10 th. There will be a final report on the visits for Council at the December meeting. 6417. Reference Material Reviewed: Memorandum from Senior Vice President and Treasurer, James Farrow dated September 14r, 2009 re. Pro-Demnity Insurance Company Quarterly Report and attached background information.(appendix P ) The Senior Vice President and Treasurer reported that there had been two small adjustments made with respect to the Plan Reserve due to the recent Sales Tax recovery. A member of Council enquired as to whether there was an update on U.S. business initiatives. The Senior Vice President and Treasurer responded that an update will be made available at the December Council meeting. 6418. Reference Material Reviewed: Agenda from RAIC Provincial/Territorial Roundtable on the various matters including Integration of International Architecture Graduates dated October 23, 2009. (APPENDIX Q )
Page 9 of 9 The Vice President Practice reported that the Roundtable was a good working session, which had included all of the Canadian Architectural Licensing Authorities. It was noted by the Vice President Practice that the Syllabus Program renewal process continues with Athabasca University currently searching for a Director. The Program is anticipated to be up and running by fall 2010. The Vice President Practice indicated that the RAIC Fee Guide has been endorsed by all provinces with the exception of British Columbia. The roll out program will be implemented by the RAIC shortly and will be rolled out with the federal, provincial and municipal levels. Funding is currently being sought by the RAIC to support this initiative. Noted for information 6419. Reference Material Reviewed: Ontario Association for Applied Architectural Sciences (OAAAS) Newsletter October 2009. (APPENDIX R ) 6420. Reference Material Reviewed: Articles from Publications (APPENDIX S ) The articles were noted for information. OTHER BUSINESS 6421. There was no other business. DATE OF NEXT MEETING 6422. The next regular meeting of Council is Thursday December 10, 2009 at 9:30 a.m. at the OAA Headquarters, Toronto, Ontario. ADJOURNMENT 6423. It was moved by Popovic and seconded by Fiett that the meeting be adjourned at 3:45 p.m. -- CARRIED UANIMOUSLY President Date