Canada and Quebec invest in Bristol library redevelopment

The governments of Canada and Quebec are each investing over $31,000 towards the expansion and refurbishment of the Bristol library. The funding is coming from the New Building Canada Fund, Provincial-Territorial Infrastructure Component—Small Communities Fund. The Municipality of Bristol is also investing over $31,000 towards the project, bringing the total government and municipal investment to nearly $95,000.

The library will be moved into the town hall and expanded to 81 square metres. The refurbishment will involve tearing down walls, building partitions, replacing flooring, electrical and mechanical upgrades and painting. The library will have its own entrance, more space for books and a children’s area. The project will improve the quality of the library facility and allow it to extend its service hours.

“The government of Canada knows that investing in cultural infrastructure promotes community development and economic growth,” said William Amos, Member of Parliament for Pontiac, in a press release. “By providing a larger renovated space, the Bristol library will be able to improve its services for residents and more fully meet its educational and social mandates.”

Nominations open for B.C.’s technical safety awards

Technical Safety BC is gearing up to recognize outstanding achievement, innovation and leadership in the field at awards this fall. The independent organization, which oversees the safe operation of technical equipment including boilers and elevators, announced yesterday that it will be accepting nominations for the 2018 Lieutenant Governor Safety Awards until Sept. 14.

“The owners and operators of technical equipment play a pivotal role in safety each time they make a decision about their equipment, facilities and management of safety risks,” said Catherine Roome, president and CEO of Technical Safety BC. “We’re proud to honour those who are making B.C. safer every day.”

To qualify, individuals and organizations must possess industry expertise as well as knowledge of risks. There are four possible awards categories to enter:

Exceptional Contribution to Technical Safety (Asset Owner)
Exceptional Contribution to Technical Safety (Contractor)
Excellence in Safety and Technical Training
Data and Digital Technology in Technical Safety

Nominations will be evaluated by a selection committee made up of people from organizations key to the province’s technical safety system, including one senior leader from Technical Safety BC. Award winners will be recognized at the Parq Vancouver on Nov. 7.

Further details are available on Technical Safety BC’s website.

Medicine Hat Regional Hospital expansion opens

A ribbon-cutting ceremony marked the official opening of Medicine Hat Regional Hospital’s new Ambulatory Care Building on July 25. The 245,000 square-foot expansion of the hospital was designed by Gibbs Gage Architects and Diamond Schmitt Architects in joint venture.

The addition significantly transforms the community hospital by providing expanded and consolidated ambulatory care clinics, labour and delivery suites, NICU and major surgical facilities. A central atrium provides a new community gathering space for the hospital, connects in-patient spaces within the existing hospital to the new facilities and renews public areas by providing a spacious, light-filled environment.

“A human centric approach has informed all aspects of our clinical planning to ensure the safe, efficient delivery of clinical services within a soothing, de-stressed environment.” said Greg Colucci, principal at Diamond Schmitt Architects, in a press release. “The commitment to patient care is expressed architecturally throughout, from the welcoming and sheltered wood-lined entry, comfortable waiting areas, and private, light-filled treatment rooms that offer views of the vast prairie sky.”

The four-floor facility features patient services such as registration, maternal and renal clinics on the ground floor and day medicine, ambulatory care and cancer clinics on the second floor. Dedicated corridors for patient transfer from the existing hospital wing connect to maternal labour and delivery and ambulatory surgery on the third floor and surgical pre-operative and operating suites on the fourth floor. The rooftop of the facility features a helipad to allow patient transfer to emergency services.

Public areas of the expanded hospital feature a neutral colour palette to provide a calm, light-filled waiting space and to differentiate clinical areas by their distinct colour tones, which are visible from the atrium. Bright orange, yellow and green were used to define these areas, adding a wayfinding element to the hospital’s interior design. The facility’s other design elements include naturally lit procedure rooms with fritted glass windows and a staff rest area on the perimeter of the fourth-floor surgical suites.

The building’s exterior is comprised of distinct forms in different materials to break down the massing and fit in with both the existing hospital wing and the surrounding low-rise suburban buildings.

“The addition reads as a composition of elements and openings which don’t necessarily relate to clinical program areas within,” added Colucci. “Rather, they are shaped and arranged to reduce the scale of this large addition to the scale of buildings in the vicinity.”

Renovations are being completed within the existing inpatient tower on a phased schedule, including increasing the emergency department to approximately 22,000 square feet, and will include expanded diagnostic imaging services.

This expansion and renewal addresses deficiencies in healthcare capacity in the growing southern Alberta catchment area, updates infrastructure and elevates infection control standards at the hospital. The facility is targeting LEED certification and is planned for service capacity increases and flexibility over the next 20 to 25 years.

GTA new condo sales outpace other home types

New condominium apartment sales in the GTA continued to outpace new single-family home sales in June, despite another increase in the benchmark price of condo apartments and a slight softening in the prices of single-family homes, according to the Building Industry and Land Development Association (BILD).

There were 2,500 new homes sold in the GTA in June, of which 2,079 were condominium apartments in low, medium and high-rise buildings, stacked townhouses or loft units, according to Altus Group, BILD’s official source for new home market intelligence. That figure is 61 per cent below the record set in June 2017, when 5,290 condos were sold, the highest number ever. However, June 2018’s sales were only 17 per cent below the 10-year average. The benchmark price of condominium apartments rose to $774,554, an increase of 23.5 per cent compared to June 2017.

June 2018 saw 421 sales of new single-family homes, including detached, linked and semi-detached houses and townhouses (not including stacked townhouses), a decline of 19 per cent year-over-year and 71 per cent below the 10-year average. The benchmark price of new single-family homes fell 9.4 per cent on an annual basis to $1,132,957.

“The relative strength of condo apartment sales is an indication of the state of the market,” said David Wilkes, BILD president and CEO, in a press release. “The cost of new homes in the GTA, both condos and single-family homes, is affected by government regulation and red tape that slows down the building of new supply, and by government fees, taxes and charges, which can account for almost a quarter of the cost of a new home.”

Since this June saw a number of new condominium apartment openings, remaining inventory for condos increased to 10,335 units, while the remaining inventory for single-family homes climbed slightly to 4,848 units. Remaining inventory includes units in pre-construction projects, in projects currently under construction, and in completed buildings.

“The industry and buyers continue to focus on the relatively more affordable condominium apartment sector,” added Patricia Arsenault, executive vice president of research consulting services at Altus Group. “Fourteen new condominium apartment projects were launched in the GTA last month, the second highest number for June yet recorded by Altus Group, and buyers snapped up almost half of the new units by month-end. In a typical June, closer to one-third of new units are sold by month-end.”

Calgary landscape program receives accreditation

The new Master of Landscape Architecture (MLA) program at the University of Calgary’s Faculty of Environmental Design has received full accreditation for a three year term from The Canadian Society of Landscape Architects (CSLA) Landscape Architecture Accreditation Council (LAAC).

The University of Calgary program is the first new professional landscape architecture degree in Canada since 1980 and the first program in Alberta.

“The mission of the Landscape Architecture Accreditation Council (LAAC) is to evaluate, advocate for and advance the quality of education in Canadian landscape architecture programs. The LAAC is delighted that the University of Calgary has achieved just this, by developing a program, which will encourage experimentation and innovation in our profession,” said Heather Cram, chair of the LAAC.

Accreditation of the professional landscape architecture program by the LAAC means that the program meets the required standards established by the CSLA for professional practice in landscape architecture.

The CSLA Accreditation process involves periodic program reviews by visiting review teams appointed by LAAC. Program self‐assessment, teaching faculty credentials, and student course work are reviewed as part of Accreditation visits to promote continual program and student experience improvement. Programs accredited by CSLA through LAAC are also recognized by the American Society of Landscape Architects (ASLA) Landscape Architecture Accreditation Board (LAAB).

The Faculty of Environmental Design MLA is a three‐year program which takes students through specialized courses dealing with design theory, environmental and land‐use issues, and the use of landscape construction technologies in preparation for students to become future leaders in the landscape architecture profession.

“This is a big day for the University and Alberta’s design and construction industries,” said Dean John L. Brown, “as we now offer accredited degrees in all three major design professions ‐ architecture, planning, and landscape architecture.”

Federal policies limiting housing activity: report

New government policies are leading consumers to have a more negative outlook when it comes to housing and real estate in Canada, according to Mortgage Professionals Canada’s recently released Report on the Housing and Mortgage Market in Canada.

While many consumers still agree that real estate remains a solid investment, consumer sentiment has become weakened by rising interest rates and new rules that are making it harder for potential home buyers to secure a mortgage.

“We are still seeing a high level of desire in home buying, especially among young people aged 25 to 34,” said Paul Taylor, president and CEO of Mortgage Professionals Canada, in a press release. “Whether they will be able to make that purchase may be an entirely different matter.”

The report indicates that although some fortunate first-time home buyers may be able to supplement their down payments with help from their parents, they are leaving a lot of middle-class Canadians behind. More young people are adjusting to the idea that they may never own a home and instead choose to become permanent renters. With more concern being placed on income and wealth inequality, current policies that create a permanent generation of middle-class renters could increase wealth inequality as the ability to own homes and generate long-term equity becomes more difficult, finds the report.

“We support a stress test, albeit at a reduced rate of 0.75 per cent, as it is a useful tool to test a borrower’s ability make future payments,” said Taylor. “However, the cumulative impact of rising rates, a two per cent or greater stress test, provincial government rules in Ontario and British Columbia and further lending restrictions are negatively suppressing housing activity, not just in Toronto and Vancouver, but throughout the country.”

The report also notes that policies which cause home prices to fall will reduce a home’s value, which will in turn hinder consumer confidence. According to the report, one of the most dangerous things that can happen within the Canadian economy is falling home prices.

“While we would normally expect falling prices to generate an increase in demand in the housing market, we have seen historically that this can actually reduce demand,” said Will Dunning, chief economist for Mortgage Professionals Canada, and author of the report. “Significant price drops put into question the reliability of the market as a whole, causing prospective buyers to fear that values will fall further.”

The report also says that although the market is acting as it should in response to actual economic conditions, home buying trends have been disrupted by stress tests. There is now an imbalance between supply and demand in nearly every region of the country. In Toronto and Vancouver, for example, the weakened housing market has been seen as a welcome change, though elsewhere in Canada it has been more unstable, where conditions were already soft, and price stability is being replaced by price erosion.

“The effects of these policies are especially concerning in areas that are already dealing with economic instability, notably Alberta, Saskatchewan and Newfoundland and Labrador, which are struggling to recover from the oil price shock,” added Dunning. “The worsening divide between housing supply and housing demand is further degrading the confidence consumers have in the economy and in housing.”

Energy efficiency messaging reset in Ontario

Energy efficiency advocates are working to enlist broader support and leverage existing influential backers at a time when government commitment is becoming more uneven across North American jurisdictions. Efficiency Canada — formerly the Canadian Energy Efficiency Alliance — launched its new brand this spring with a heavy emphasis on the economic development opportunities arising from energy retrofits and the pursuit of Canada’s greenhouse gas (GHG) reduction targets.

Notably, economic modelling Efficiency Canada co-sponsored projects that energy efficiency measures identified in the national framework for addressing climate change could equate to a $356 billion boost to Canada’s GDP between 2017 and 2030. That’s pegged at $7 of GDP for every $1 invested in energy efficiency.

However, the largest provincial player in that pursuit has since reversed course, terminating its cap-and-trade system and, with it, the funding mechanism for various incentives to promote energy efficiency in commercial and residential buildings offered through the now-cancelled Green Ontario Fund. Efficiency Canada’s mission statement looks particularly ambitious in light of recent developments.

“Our goal is to make energy efficiency — through an economic lens — top of mind for policy makers,” affirms the not-for-profit association’s website. “To do that, we aim to make the complex, simple; the story, compelling; the stakeholders, heroes; the mundane, exciting.”

Adjusting to a new tone

Last week’s joint statement from the Premiers of Ontario and Saskatchewan takes a different stance.

“Carbon taxes make life unaffordable for families and put thousands of jobs at risk. This type of taxation does nothing for the environment and hits people in the wallet in order to fund big government initiatives,” Doug Ford and Scott Moe assert. “A climate change strategy is critical, but a carbon tax would increase the price of virtually every product and service people need on a daily basis.”

Disentangling energy efficiency from GHG reduction and renewable energy — at least on the messaging level — may now be strategic for its preservation. Thus far, the new Ontario government has made no announcement related to its campaign pledge to transfer the funding mechanism for conservation and demand management (CDM) programs from hydro rates to the general tax base, but energy managers and prospective beneficiaries of CDM incentives are wary.

The government has moved quickly on other components of its promised scheme to cut electricity costs for ratepayers by 12 per cent. Within days of the throne speech reaffirmation to Ontarians to “lower your hydro bills”, the executive structure of Hydro One, which oversees the transmission of electricity, had been overhauled, and 758 renewable energy contracts — of which 748 were small scale generation, no greater than 500 kilowatts, under the feed-in tariff (FIT) program — were cancelled.

“For 15 years, Ontario families and businesses have been forced to pay inflated hydro prices so the government could spend on unnecessary and expensive energy schemes,” Ontario Energy Minister Greg Rickford said, July 13, as he scrapped the contracts for the projects. “Those days are over.”

Focusing on negawatts and red tape reduction

Efficiency Canada’s goal to position energy efficiency as the “First Fuel” that governments, consumers, utilities and regulators recognize lines up with the concept of negawatts — placing energy-use reduction on par with generating new supply. Yet, there is a significant distinction in the dramatically lower cost to save versus generate. Ontario’s Independent Electricity System Operator (IESO) calculates that $1 invested in curbing consumption staves off $2 of required investment in new supply.

“It’s the easiest and most cost-effective alternative to new generation. Period,” Robert Edwards, the IESO’s private sector business manager, reiterated earlier this year at a seminar sponsored by the Building Owners and Managers Association (BOMA) of Greater Toronto.

“Conservation incentives are not a subsidy. They are an investment,” stresses Scott Rouse, managing partner of the consulting firm, Energy@Work.

He also voices concern that moving CDM programs to the general tax base would upend the years of work and relationship building that have gone into the existing model of programs deployed through Ontario’s local distribution companies. Nor would such a transition seem to align with the new government’s agenda to eliminate red tape.

“Are we going to have a new group of bureaucrats thrown in to try to figure out how to deliver incentives?” Rouse asks. “We already have to deal with a lot of people who don’t really understand incentives. Are we going to now layer more people on top of that? I would hope not.”

Taking the edge off fighting words

Efficiency Canada’s peer in the United States, the American Council for an Energy-Efficient Economy (ACEEE), is examining how to build consensus in what many see as an increasingly polarized society. An upcoming conference will include a seminar focusing on how terminology can unite or divide people with varying outlooks, and support or undermine their receptiveness. It draws from a 2017 survey and analysis from the Shelton Group, a marketing and communications firm specializing in energy and the environment.

Survey participants were selected to proportionately represent the U.S. population for geography, age, gender, education and race, with results calculated to have a 2.2 per cent plus/minus margin of error. Findings show that the words “science”, “conservation” and “sustainability” generally resonate positively, with “conservation” and “sustainability” garnering an outright negative reaction from just 5 per cent of respondents.

“Environmental stewardship”, “regulation” and “carbon footprint” were greeted much less enthusiastically. In particular, “carbon footprint” was the one tested term that elicited more outright negative response (33 per cent) than positive endorsement (28 per cent). Positive response was just 38 per cent for “regulation” and at 48 per cent for “environmental stewardship”.

“To reach the broadest possible audience, we need to speak using terms we know they understand and that reflect their shared values and beliefs,” Suzanne Shelton, survey devisor and interpreter, said in an interview posted on the ACEEE’s website. “We need to be careful not to use words they don’t understand or are overly subject to interpretation, and above all, avoid terms that may polarize them and create a longer, harder walk between their beliefs and positive actions.”

From that perspective, sustainability advocates on this side of the border speculate energy efficiency messaging might have some inherent advantages. It can be explicitly linked to terms like “payback” and “return on investment”.

“It’s the big projects that save energy, but have a long payback, or the ones that have an upfront cost and are carbon-reducing in a way that people don’t tangibly experience — like carbon offsets, for example — that can be more challenging to implement than the classic ‘low-hanging fruit’ with a two-year ROI,” reflects Neil Pegram, director of the Americas with GRESB, the sustainability benchmark guiding institutional investors in commercial real estate. “Any time you are trying to change systems, there is a story you are trying to tell, and there is language associated with it that can divide or can open doors.”

He suggests terms like “building performance”, “resilience”, “innovation”, “efficiency” and “flexibility” can engage listeners, as does appealing to their desire to be “leaders not laggards” or their pride of place. “Focusing on leadership and not wasting Canadian resources is a good way of encouraging people,” he adds.

“It’s perhaps not too surprising that words can make or break the decision-making process,” observes Andrew Pride, a consultant on energy management and strategic conservation planning, including facilitating inter-agency and inter-provincial efforts. “In terms of common interests, some good words relating to energy efficiency are: “productivity”, “job creation”, “saving money”, “comfort” and “convenience”.

Barbara Carss is editor-in-chief of Canadian Property Management.

WIRL achieves Passive House certification

The Wood Innovation Research Lab (WIRL) has achieved Passive House certification. Located next to the Wood Innovation and Design Centre in downtown Prince George, it is the first educational-industrial building of its type in North America to meet the internationally-recognized standard for energy efficiency. The building is owned by the University of Northern British Columbia (UNBC).

Certified Passive House buildings use up to 90 per cent less energy for heating and cooling when compared with standard buildings and use up to 70 per cent less energy overall.

“We pulled off something really amazing here,” says UNBC associate professor of engineering Dr. Guido Wimmers. “This building has caught the attention of Passive House researchers around the world because it demonstrates how an industrial structure, constructed with wood, in Northern British Columbia’s cold climate can be a global leader in energy efficiency.”

UNBC provided in-house expertise on the Passive House requirement and shared ideas on how to develop design and building solutions with the architectural, engineering and construction teams. Wimmers, and others in the Master of Engineering in Integrated Wood Design program, worked closely with the contractors throughout the design and construction phase of the project.

WIRL also set a new standard for air tightness, securing the best North American result of any building using the internationally recognized passive house standard. The testing protocol involves both pressurizing and depressurizing the building and measuring the number of air changes per hour that result. With a score of 0.07, WIRL surpassed the Passive House requirement by nearly a factor of 10.

The result is all the more impressive given the design requirements of the building. With a large bay door installed to facilitate the delivery of materials and a state-of-the-art dust extraction system required, there is a lot of potential for air leakage.

The big red door was sourced from Germany and the other doors and windows hail from Poland. European parts were required for those aspects of the building because Passive House manufacturing is still in its early stages in Canada.

Other components of the building were locally sourced, including the trusses used vertically in the design of the thick exterior walls.

“Using trusses as a vertical component is something unique,” says Wimmers. “I have been working in Passive Houses for more than 15 years and I have not seen any kind of technical system like this before.”

The 50-cm wide walls are rated R-80 and contain blown in mineral wool insulation. The roof is rated R-100 and required special certification from the Roofing Contractors Association of British Columba. Even the floor sits atop 20 cm of expanded polystyrene insulation.

To further reduce WIRL’s carbon footprint, the University has signed a biogas contract. By using gas recovered from agricultural facilities and landfills, UNBC is able to lessen its reliance on fossil fuels.

The Passive House design, combined with the biogas fuel, means the building is expected to produce one per cent of greenhouse gas emissions compared with a conventional building.

“A Passive house building outperforms a code building substantially in the long run,” says Wimmers. “It’s about a third of the environmental impact compared to a code building over 60 years.”

Calgary Airport Trail expansion moving ahead

Calgary’s Airport Trail expansion will move ahead thanks to funding from the governments of Canada, Alberta and Calgary, along with the Calgary Airport Authority. Once complete, the Trail between 36 Street NE and 60 Street NE will create a second, critically needed east-west transportation corridor in north Calgary, improving passenger and cargo access to the airport, and better routes across Calgary’s growing northeast industrial-commercial area.

The Government of Alberta’s nearly $28-million grant to the City of Calgary is part of ongoing investments in projects across the province to help strengthen Alberta’s economy and create good-paying jobs.

“An expanded Airport Trail will connect major railways, interprovincial and highways into the United States, and the airport,” said Brian Mason, Minister of Transportation.

Phase 1 of Airport Trail opened May 2014, and includes a six-lane, 620-metre tunnel and the widening of Airport Trail from four to six lanes between Barlow Trail and Deerfoot Trail.

The expansion of Airport Trail involves: construction of a new segment of Airport Trail between 36 Street NE and 60 Street NE, with an intersection at Métis Trail; the first stage of interchanges along Airport Trail at 19 Street NE and Barlow Trail; and a new southbound-to-westbound ramp at the interchange of Stoney Trail and Airport Trail.

The road will enhance transportation between the Calgary International Airport, the Alberta provincial highway system, northeast Calgary, and the CN intermodal yard and industrial park east of the Calgary International Airport in Rocky View County.

When complete, Airport Trail will provide direct access between Stoney Trail (the Calgary Ring Road) and Deerfoot Trail (Highway 2), two of the most important transportation corridors in the Calgary region.

Expansion of Airport Trail will be covered in part by a $27.7 million Government of Alberta grant and additional support of $50 million from the federal National Trade Corridor Fund.

Construction is expected to begin in 2018 and be complete in spring 2022.

Navigating a new process for requesting records

As of Nov. 1, 2017, there is a new process under the Condominium Act, as amended, for making and responding to records requests in condo corporations. Requests for records must now be made in writing using mandatory forms, and people requesting records are no longer required to give the condo corporation a reason for their request.

Section 55 of the Condominium Act, as amended, continues to grant owners, purchasers or mortgagees the right to examine or obtain records. Ontario Regulation 48/01 sets out the new procedure for requesting records. The regulation also defines which records a corporation must keep (in addition to those listed in section 55 of the Condominium Act and the corporation’s bylaws), how the records must be kept, and for how long.

The new process for requesting records can be divided into three steps.

Step 1: The records request

The person requesting records must complete the mandatory form entitled Request for Records. This form and others referred to in this article can be found on the Condominium Authority of Ontario’s website. Adobe Reader 8 or higher is needed to open the forms, which can be filled out online or printed and filled in by hand.

The person requesting records must then serve the Request for Records by mail or courier to the address for service of the condo corporation, condo manager or management provider or other person who manages the property. The Request for Records can also be served by depositing it in the mailbox at the address for service or by sending it by email or fax if the board has passed a resolution to accept requests this way.

Step 2: The board’s response

After reviewing the request, the board must respond within 30 days using the mandatory form entitled Board’s Response to Request for Records. The board must deliver its response to the address for service or alternative method of communication indicated by the person requesting records in the Request for Records form.

In its response, the board must specify for each record requested whether the record is a core or non-core record. Whether a record is classified as core or non-core dictates how much the corporation can charge the person requesting records for costs and how long the board has to produce the records. If access to a requested record is refused, the board must specify in its response why and which part of section 55(3) of the Condominium Act the board is relying on to deny the request. For example, the board could refuse access to employee records or records relating to litigation or insurance investigations.

Core records include current versions of the declaration, bylaws, rules, shared facility agreements or mutual use agreements, and fiscal year budgets and amendments. Core records also include the most recent financial statements and auditor’s report, record of owners and mortgagees, information certificates sent or required to be sent to owners during the preceding 12 months, minutes of board meetings or owners’ meetings within the last 12 months, the most recent reserve fund study plan and any other records specified in the corporation’s bylaws as core records.

The board can’t charge a fee for core records if the person requesting records is asking for the record in an electronic format. If the requester is asking for a paper copy of a core record, the corporation can charge printing fees up to a maximum of 20 cents per page.

If the record is not a core record, it may be possible to charge a reasonable fee to recover the actual labour and delivery costs that the corporation incurs to make the record available, including photocopy charges that don’t exceed 20 cents per page. Labour costs may include reviewing documents that need to be redacted. If the corporation doesn’t actually incur labour costs, it can’t charge any fees for labour.

If the requester and the corporation come to an agreement on the delivery and costs associated with the request that is different than is prescribed in the Condominium Act or the regulation, both parties must complete the form entitled Waiver by Requester of Records.

Step 3: Delivery of records

The person requesting records must complete the bottom portion of the Board’s Response to Request for Records form under the heading Confirmation and return the completed form and payment to the condo corporation to receive records.

If the person requesting records asks for paper copies or an in-person examination of core records, the condo corporation must provide the records within seven days of receiving the requester’s confirmation and payment of the estimated fee. If the person requesting records agrees to receive core records in an electronic format, the corporation is required to deliver the records within 30 days of receiving the Request for Records form. Access to non-core records must be provided within 30 days of the corporation receiving the requester’s response along with payment of the estimated fee.

The corporation must clearly identify each document it’s making available for examination or delivering in an accompanying, separate written document (such as a letter) that notes whether any portion is redacted or removed. The statement must also explain in writing reasons for any redactions and which part of section 55 of the Condominium Act the corporation is relying on to justify the redaction. For example, minutes of meetings may be redacted to remove references to issues involving units or owners not involved in the records request.

In addition, the corporation must state in writing the actual costs to make available or deliver the record as well as the difference between the actual costs and the estimated costs set out in the Board’s Response. If the actual cost is less, the corporation must pay the person who requested records the difference. If the actual cost is more, the person who requested records has 30 days to pay the difference. However, the corporation is not permitted to charge more than the estimated cost plus 10 per cent, so it’s important for the board to pay attention when providing estimates.

Abandoned requests and records disputes

If a person who has requested records fails to respond and pay the required fee or apply to the Condominium Authority Tribunal (CAT) to resolve a dispute over the records request within 60 days of receiving the board’s response, the request for records is deemed abandoned. The request for records is also deemed abandoned if the person who requested records doesn’t apply to CAT for help resolving a records-related dispute within six months of delivering the Request for Records.

People who request records can no longer commence a small claims court action to compel the condo corporation to deliver the records when disputes arise over release of records or the associated costs. Now, a person who has requested records must follow the procedures set out in the new provisions of the Condominium Act. All records disputes will now be dealt with by the CAT, an online tribunal.

To initiate the first step in the CAT process, negotiation, the person requesting records must file an application and pay a $25 fee. During the negotiation stage, the parties are provided with information to help them to resolve the dispute on their own.

If the parties are unable to resolve the dispute regarding records, the matter proceeds to the next stage, mediation, at which point a $50 fee is payable by the applicant. The CAT then provides a mediator to help the parties resolve the dispute.

If the mediation stage fails to resolve the dispute, the matter proceeds to formal adjudication, in which an arbitrator is assigned to make a binding decision. A $125 fee is charged to the applicant for this stage.

Condo corporations should be aware that the penalty for withholding records has increased from $500 to $5,000 under the new provisions of the Condominium Act. Condo corporations should take requests for records seriously and shouldn’t deny requests unless they have a valid reason under the Condominium Act to do so.

Section 55(4) of the Condominium Act sets out the types of records that are exempt from disclosure requirements. Section 13.11 of Ontario Regulation 48/01 further expands and defines the list of records that don’t have to be disclosed. These records include but are not limited to records related to an owner’s email or fax number, unless the owner consents to having that information shared, and the portion of a ballot or proxy that specifies the unit, unless the corporation’s bylaw states otherwise.

While this new process is still in its infancy, the standardization introduced by mandatory forms, cost recovery and automatic abandoning provisions should make it easier for everyone to deal with records requests and will hopefully reduce many of the records disputes seen in the past.

Sonja Hodis is a litigation lawyer based in Barrie that practices condo law in Ontario. She advises condo boards and owners on their rights and responsibilities under the Condominium Act and other legislation that affects condos, such as the Human Rights Code. She represents her clients at all levels of court, various tribunals and in mediation/arbitration proceedings. Sonja has also gained recognition for creativity and tenacity in ground breaking human right case law in the condo industry. Sonja can be reached at (705) 737-4403 or [email protected]. Her website can be found at www.hodislaw.com and her videos can be found at www.condoinmotion.com.

Note: This article is provided as an information service and is a summary of current legal issues. The article is not meant as legal opinions and readers are cautioned to not act on the information provided without seeking legal advice with respect to their specific unique circumstances.

Innovation Centre at Red River College breaks ground

Construction has begun on Red River College’s Innovation Centre, a $95 million project which will be located at the college’s Exchange District campus in Winnipeg.

The 100,000 square foot development designed by Diamond Schmitt Architects in partnership with Number TEN Architectural Group includes repurposing a downtown heritage building and completing new construction on the state-of-the-art facilities.

“The Innovation Centre is deeply informed by its context with connection to the street and a layering of space and natural light through an orchestrated sequence of spaces large and small,” said Michael Leckman, principal at Diamond Schmitt Architects, in a press release.

The Innovation Centre will feature distinct zones that vary by theme to help underscore the facility’s collaboration with industry. Innovation Zones including the Sandbox for pitch sessions and advanced computer education space overlook a central atrium, the Agora. The thresholds between the new and existing buildings features plenty of natural light to reveal the beauty of the century-old Scott Fruit Building.

The Innovation Centre will be targeting net-zero energy consumption, and will feature a skin consisting of photovoltaic glass panels that create energy and also change colour depending on the angle of view and weather conditions.

“When we first proposed this campus expansion in the Exchange District, we wanted to create a space that embraced a new way of teaching and learning. A space that would bring together students with education and industry professionals, and a space that would embrace social innovation and enterprise, and allow us to continue to focus on ground-breaking innovative research,” added Paul Vogt, president and CEO of Red River College. “Number TEN and Diamond Schmitt embraced this vision and have turned it into reality. We’re very proud of this project and can’t wait to share it with the community.”

Red River College’s Innovation Centre is scheduled to be completed in 2020.

Chapel Point Battery Command Post to be restored

The Government of Canada is providing $390,000 in funding to the Cape Breton Regional Municipality in partnership with the Atlantic Memorial Park Society to restore the Command Post of the historic Chapel Point Battery.

The Chapel Point Battery is located in Atlantic Memorial Park at the entrance to Sydney Harbour. The Battery has been used during three periods since 1859, when it was first installed because of concerns surrounding the American Civil War. Since then, it has also served as a battery site in the First and Second World Wars. It was one of seven Sydney Harbour fortifications protecting Canada’s east coast steel and coal assets and convoys located in the Harbour from U Boat attack during the Second World War.

The restoration project will remove graffiti, repair deteriorated support structures, install new sloped roofs and stairways with handrails and interpretive historical signage, make the structure safe for public use and provide access to local heritage. Once it has been restored, the Battery will serve as a site for arts and heritage activities.

“I am proud to be part of this important project, which is helping preserve the military history of Cape Breton and Canada,” said Mark Eyking, Member of Parliament for Sydney-Victoria, in a press release. “I commend the selfless work of the Atlantic Memorial Park Society. I would also like to applaud the Cape Breton Regional Municipality for their leadership on this project. Thanks to this restoration project, this site will not only educate, but also preserve and honour the legacy of the brave soldiers who defended our country.”

The funding is being provided through the Legacy Fund component of the Building Communities Through Arts and Heritage program, which is governed by Canadian Heritage. The Legacy Fund supports capital projects that commemorate anniversaries of significant events or people that had an impact on the local community.

2018 Canada’s Best Restroom finalists announced

Cintas Canada has announced the five finalists for its 2018 Canada’s Best Restroom contest.

The finalists were selected based on cleanliness, visual appeal, innovation, functionality and unique design elements. Members of the public are invited to vote for their favourite restroom until Aug. 17, with the winner to be announced in the fall. The winning restroom will receive $2,500 in facility services and will be added to Cintas Canada’s Best Restroom Contest Hall of Fame.

“Our contest celebrates businesses that go the extra mile to improve customer satisfaction by maintaining clean, innovative facilities,” said Candice Raynsford, marketing manager at Cintas Canada, in a press release. “We’re excited to find out which washroom will win the public’s heart and be crowned this year’s winner!”

The 2018 finalists are:

Anh and Chi – Vancouver, B.C.

Anh and Chi’s gender-neutral restroom features iconic Martinique wallpaper, providing a tropical touch. Wooden cabinets, custom-made doors and gold Kohler faucets provide a warm touch to the sleek cement communal sink that spans the length of the restroom. Each restroom stall features little luxuries, including candles and aroma reeds. Unique light fixtures by Cedar & Moss and smoky mirrors enhance the restaurant’s design and atmosphere.

Erin Mills Town Centre – Mississauga, Ont.

Erin Mills Town Centre recently underwent a $100 million renovation, including facilities that were designed and built to be fully AODA compliant, allowing complete accessibility for all. The restrooms feature space for those requiring assistive devices and/or personal assistance and include a spacious nursing room. Colourful flowers and mosaic art are featured alongside the sleek white Corian and warm Jatoba wood tones. An eye-catching ceiling light cove mimics natural lighting.

Oretta – Toronto, Ont.

Oretta’s restrooms sit atop an elaborate golden staircase, down a long hallway with dark blue doors, each leading to private restrooms that alternate in colour, from white and gold to black and gold. Each cubicle features sleek marble tiled walls, touchless tap fixtures and a globe light over an oval mirror.

Saskatchewan Science Centre – Regina, Sask.

The restrooms at the Saskatchewan Science Centre are an extension of its entertaining exhibits. The restrooms’ concept is “an outhouse in the woods”, which was created through the use of floor, wall and ceiling visuals, as well as an audio soundtrack of the boreal forests of Saskatchewan.

St. Albert Honda – St. Albert, Alta.

The St. Albert Honda restrooms feature an accent wall that represents the revolutions per minute (RPM) meter in a vehicle and the redline effect. This restroom features touchless faucets, soup dispensers, hand dryers, towel dispensers and automatic air fresheners. Both male and female restrooms feature deluxe baby changing stations. These restrooms also help prevent the spread of germs with a hands-free “stepNpull” door opener, and for those that may desire it, a touchless hand sanitizer dispenser outside the restroom door.

Last year’s winner, the Bayview Shopping Centre in Toronto, was crowned Canada’s Best Restroom for its elegant chandeliers and stylish nursing room, which features a changing station, sink and cushioned chairs.

First decisions issued in condo records disputes

Condo corporations that reject records requests without a legal basis to do so may face penalties. Unit owners that file vexatious applications may see their complaints tossed out without a hearing. And industry members might be overestimating what constitutes reasonable fees for locating and redacting records.

These are some of the early signals coming out of the Condominium Authority Tribunal, or CAT, which recently issued its first five decisions. The online tribunal was set up by Ontario’s previous provincial government to provide a cheaper, faster alternative to taking common condo disputes to court.

The CAT started accepting applications concerning records-related disputes on Nov. 1, 2017. As of mid-July, the tribunal had received 84 case submissions, which works out to an average of 2.3 applications per week.

Higher penalties possible

In the interest of transparency, unit owners are entitled to access a broad range of condo corporation records, including board meeting minutes and reserve fund studies. There are necessarily some limits to this right, such as exemptions for actual or pending litigation and personal information about other unit owners.

Recent changes to Ontario’s condo laws — the same reforms that established the CAT — introduced a new process for making and responding to records requests, which is structured by deadlines and mandatory forms. Condo corporations are required to provide their legal rationale in cases where they’re rejecting records requests from owners.

“I’m relieved to see that three out of the five cases [at the CAT] resulted in a conclusion that condominium corporations are doing what they’re supposed to be doing,” said condo lawyer Rod Escayola, partner at Gowling WLG. “There are only two corporations where there was an order to disclose more documents.”

In one case, in addition to being ordered to deliver records, the condo corporation was ordered to pay a $1,000 penalty as well as the owner’s costs of bringing the application to adjudication at the tribunal. The CAT member who decided the case found that the condo corporation had been unresponsive to the unit owner’s application until it was headed to a hearing for a binding decision, and that the corporation had ultimately fallen short of its obligation to provide access to the records.

Escayola suspected that this decision will discourage condo corporations from shrugging off this obligation, especially now that it carries a higher fine — up to $5,000.

“Under the prior version of the [Condominium] Act, the risk of penalty was $500, and most importantly, to get to that $500, somebody needed to go to court, and so the risk was lower,” he said. “If, in fact, we see on a regular basis that the tribunal imposes that fee or the now higher penalty, maybe that’s going to be a lesson for everybody moving forward.”

What are ‘reasonable’ fees?

Condo corporations are obligated to give owners an upfront quote of the fee it expects to charge to cover the costs associated with delivering documents that are eligible for reimbursement. The legislation caps photocopying fees at 20 cents per page, but leaves labour fees open to interpretation, simply requiring them to be “reasonable.”

Two of the first five CAT cases look at what constitutes reasonable labour fees. Both of the resulting decisions suggest condo corporations, and their advisors, might be missing the mark.

In one case, the adjudicator found that the hourly rate of an articling student ($130), rather than a lawyer ($225), would be reasonable for calculating the fee for redacting records containing legal information exempt from disclosure.

In the other case, the adjudicator rejected a quote of $63 per hour as a reasonable rate for the clerical work involved in locating, photocopying and re-filing records . The adjudicator, having received no evidence as to what a reasonable rate for these tasks would be, doubled the minimum wage and added HST for a rate of $31.50 per hour, leaving open the door to divergent decisions on this in the future.

“I’m not sure what other comparables we could use if we were going to set an hourly wage for something that’s fairly mechanical in most cases, and I think maybe we can look at what financial institutions do,” offered Escayola, the condo lawyer. “If you’re going to ask for historic records from a bank, what’s their hourly rate to go and fish these out?”

Would-be applications preempted?

The CAT is designed to help unit owners and condo corporations resolve their records-related disputes with the least amount of intervention necessary. Its three-step process requires parties to at least attempt to come to a settlement agreement, first through negotiation amongst themselves and second through guided mediation.

The Condominium Authority of Ontario (CAO), which manages tribunal operations , also provides online information and tools such as email templates in an effort to preempt applications to the CAT. So far, the 9,384 visits to the records issues page on the CAO website since September, 2017, have translated into 84 case submissions to CAT since November, 2017.

“In a short period of time, the CAO’s rich ecosystem of resources is already contributing to a growing awareness [of] rights, responsibilities and obligations amongst individuals within condo communities across the province, and the availability of a dedicated, online tribunal is an incentive for promoting early compliance with records requests,” Michelle Di Rocco, manager of communications at the CAO, said in an email.

“As such, and in line with the CAO’s vision and goals, the large majority of issues and concerns are effectively being addressed before they become disputes,” Di Rocco added. “For issues that remain unresolved, the CAO’s online tribunal is resolving disputes quickly, conveniently, and affordably, in support of condominium living in the province.”

Applicants to the CAT pay a non-refundable fee to move their applications through each step of the process — $25 for negotiation, $50 for mediation and $125 for adjudication. One of the first five CAT decisions underscored that parties to a dispute should not expect to get reimbursed by way of a cost award for any legal fees incurred.

“I found it interesting that a corporation asked for legal fees,” said Escayola, the condo lawyer. “It is clear in the tribunal’s rules: You may get cost — the filing fee at the tribunal — but you will not get your lawyer’s legal fees unless there are some extraordinary circumstances.”

Each step of the tribunal takes place online — although adjudication may include live proceedings such as phone or video conferences — which gives parties the freedom to access the system at their time and location of choice.

“Early analysis shows that peak usage is between 1 p.m. and 9 p.m., outside the traditional workday, and users have participated in their case from as far away as Africa,” Di Rocco wrote.

In cases resolved through a settlement agreement, parties can return to the CAT to obtain a compliance order if necessary. Tribunal decisions and orders can only be appealed on questions of law and are otherwise binding and enforceable through the courts.

Michelle Ervin is the editor of CondoBusiness.

A smart business case for GHG reduction

Climate change is the greatest issue of our time, threatening civilization as we know it. This underscores the urgency to significantly reduce urban greenhouse gas emissions (GHGs). The commercial real estate industry will be critical in that mission since buildings are responsible for approximately 40 per cent of the emissions. This means net zero targets for new construction and, for existing buildings, GHG reduction targets of about 50 per cent by 2030.

Over the past 20 years, the emissions of existing buildings have been reduced by only 10 to 17 per cent. Progress has slowed as low-cost/no-cost measures are exhausted. The business case to invest further in deep energy retrofits must be bolstered.

At the heart of the problem is the disconnect that exists between lofty corporate sustainability objectives and the day-to-day running of a building. Whereas carbon reduction goals may be positioned as an investment and a future-proofing opportunity, many building managers see carbon reduction initiatives differently: as an unwanted additional burden and cost, which has a low return on investment and a long payback time, and which will produce, at best, a few dollars in energy savings.

Investment aversion

While there are numerous government and utility incentives programs for capital expenditure energy projects, they often have limited success. One reason is that the government opportunities often relate to technical solutions that the owners may not feel comfortable or confident in making.

Unless they are repositioning the building, investors/owners tend to look at the vacancy, terms of current leases or potential disposal of the building prior to making a major improvement decision. When a project makes business sense, owners often prefer to invest their own money rather than jump through all the hoops of a government program.

The triple net lease structure, where operating costs including energy are passed on to the tenant, adds to the challenge in rental properties. In what is sometimes referred to as the split-incentive paradox, the building owner has little incentive to reduce energy costs since the tenant is paying the bill. As for tenants, they have limited control over energy especially if they are leasing only a portion of the building. If tenants do make improvements in their leased space, it is the landlord who will reap the full benefit of the improvements over the long term and be able to charge higher rent to the next tenant.

Meanwhile, the growing academic research linking health and comfort to an organization’s human capital has had the unfortunate effect of changing the focus of many organizations from energy and sustainability to wellness and human productivity. Few landlords will sacrifice tenant satisfaction and comfort to save a few kilowatts.

For corporate tenants, the greatest driver is not carbon reduction but rather to maximize employee productivity by providing a healthy and comfortable workplace. Corporations are also adopting new hiring practices such as temporary contracts, part-time work and internships, which are driving new types of workplace leasing arrangements such as office co-sharing to accommodate a growing number of independent contractors who may be geographically dispersed.

At present self-monitoring analysis and reporting technology (SMART) buildings offer the best hope to reduce carbon effectively as well as reduce energy costs and provide good return on investment. This encompasses electronic devices or systems that have their own computing capability that can connect to the internet and be used interactively. As advanced network connectivity enables smart devices to communicate with one another and with other data sources, this gives rise to the internet of things (IoT) and smart systems.

Maximizing human capital

Smart workplace technologies can greatly reduce energy and carbon emissions as well as enhance productivity. Corporations are looking to smart buildings to maximize human capital — the quantity and quality of knowledge, skill and engagement that employers can extract from employees. Smart buildings can support what’s referred to as a “liquid workforce” with many people working offsite.

By 2020, it is estimated that at least 40 per cent of employees will be temporary contract workers. Since it is difficult to predict head count from month to month or even day to day, the workplace needs to be flexible to accommodate a mobile workforce that is in flux, including workers who may be located around the globe. As a result, many companies, large and small, are choosing to co-share office space. This arrangement allows them to set up their operations for short periods of time in a number of locations, where they may occupy a few desks or a closed-wall office.

This requires the buildings to be able to detect and respond to the needs of the occupants within the controlled zones, so they will have access to the building and the space, lighting, heat, air quality, cleaning and security. Smart buildings can also address IT challenges such as setting up and maintaining enterprise applications for temporary employees, securing networks, providing the necessary bandwidth, scalability and associated energy costs. In smart buildings, the various systems such as HVAC, lighting, VOIP and access security are integrated, and are continually monitored, self-calibrating and controlled — in a way that would not be humanly impossible.

Because they can be finely tuned, smart buildings also contribute to occupants’ productivity, making it easy to connect from anywhere, or check in and out of workspaces and conference rooms. Smart systems enable the lighting, HVAC and plug load to adjust automatically and be fine-tuned to meet personal preference. Occupants can book rooms, and benefit from streamlined security and efficient way-finding. For building owners and occupiers, these smart features are clearly a way to attract and retain tenants and enhance the human experience within the workspaces.

Operational savings aligned with ESG

When it comes to energy and carbon, smart building technology offers some of the best returns on investment, with as little as a one or two-year payback. This ROI is realized through energy savings from heating, cooling and lighting, automated security based on tracking of building occupancy and movement. There are also operational efficiencies. For example, smart building sensors and controls can optimize the use of elevators, detect water leaks, enable continuous recalibrating and recommissioning of systems to optimize their efficiency, alert a waste hauler to pick up waste only when a bin is full and so much more.

Although many government energy retrofit subsidy programs have floundered, there are some new programs which are gaining traction. This include generous tax deductions for retrofit projects including smart improvements and long-term financing that is attached to the property rather than an individual and is repaid via the annual property tax bill. Power purchase agreements (PPAs) with renewable energy generators are another option. The energy client strikes a fixed price with a renewable power developer or a utility. The fixed price is typically higher than the current grid price with the expectation of a higher grid price in the future.

This aligns with ESG (environmental social governance) obligations building owners/managers increasingly must fulfill for their corporate tenants and investors to reduce carbon emissions and disclose their carbon footprint through global platforms such as GRESB, the Carbon Disclosure Project and the Investor Confidence Project.

In many jurisdictions, the cost of clean energy (wind, biomass, solar) and nuclear energy is already on par and soon should be a consistently cheaper source of electricity than conventional fossil fuels. Already, companies with heavy power requirements such as Apple, Google and Amazon employ renewables to run their massive data centres.

In light of this, there is advantage in the gross lease arrangement, whereby tenants monitor and reduce their energy use and carbon emissions, and pay only for their actual electrical consumption. Smart technology makes that possible.

In the past, progress to meet carbon reduction targets in commercial real estate has been slow, as consultants have pushed for more energy audits and programs often without understanding the owners’ financial and business rationale. Smart building technology could change that for the environment and generations to come.

Jiri Skopek is Managing Director, Sustainability, with JLL.

Canada part of drive for global centres of excellence

Passive House Canada and Vancouver’s Zero Emissions Building Exchange (Zebx) Centre for Excellence, were participants in the UNECE High Performance Building Initiative at UN Headquarters in New York to establish the International Centres of Excellence on High Performance Buildings.

The United Nations Economic Commission for Europe (UNECE) is one of the five United Nations Regional Commissions working to implement the UN Sustainable Development Goals.

In 2017 UNECE adopted the Framework Guidelines for Energy Efficiency Standards in Buildings which promotes the adoption of aggressive, performance-based codes for buildings.

To support deployment of the framework guidelines and to advance the performance of buildings broadly, UNECE is launching a global network of International Centres of Excellence on High Performance Buildings that will provide on-the-ground implementation assistance for building owners and developers, contractors, architects, engineers and planning officials.

Centres of Excellence will advance market transformation to high-performance buildings by providing industry with the tools and training required to design, construction and maintain them.

Passive House Canada played a central role in the development of the UN’s Framework Guidelines and is a key partner in Canada’s first Centre of Excellence in Vancouver. Zebx is a partnership between the City of Vancouver, Passive House Canada, the Vancouver Regional Construction Association and the Open Green Building Society.

“Passive House Canada is honoured to have had the privilege to play a role in developing the Framework Guidelines for energy efficiency in buildings, and in creating Canada’s first centre of excellence in Vancouver,” said CEO of Passive House Canada, Rob Bernhardt.

“Canada’s national strategy to transform buildings aligns well with the global agenda and we look forward to working throughout Canada and with the international community to achieve the shared objectives.”

This initiative is being linked to other UN programs to support the Paris Climate Change Accord and the achievement of the UN Sustainable Development Goals. Three centres of excellence have been established to date: Zebx in Vancouver with the other two being in New York and Ireland.

Todd Smith picks up condo file in cabinet posting

Todd Smith, MPP for Prince Edward-Hastings, has been named Minister of Government and Consumer Services in Ontario Premier Doug Ford’s recently unveiled cabinet. This cabinet posting makes Smith the new point person on the condo file in the provincial government.

Smith was first elected to the Ontario legislature in 2011 and most recently served as energy critic in its last sitting. In addition to moving into the top post at the Ministry of Government and Consumer Services, Smith will serve as Government House Leader.

He will be joined in Premier Ford’s cabinet by colleague Steve Clark, MPP for Leeds-Grenville-Thousand Islands and Rideau Lakes, who will be heading up the Ministry of Municipal Affairs and Housing. This marks the beginning of Clark’s fourth term in the Ontario legislature, where he served as deputy leader of the official opposition in the last sitting.