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Government fees a large percentage of GTA new home prices: BILD

The impact of all government fees, taxes and charges on the price of new homes in the Greater Toronto Area (GTA) has increased significantly, according to a new report conducted by Altus Group for the Building Industry and Land Development Association (BILD).

The report, Government Charges and Fees on New Homes in the Greater Toronto Area [here], is a follow up to a similar report released by BILD in 2013. It shows that these costs add a combined $186,000 to the price of an average new single family home and $121,000 to the cost of an average high-rise apartment unit in the GTA.

“Some of these costs, such as development charges, are increasing far faster than the rate of inflation, squeezing prospective new home buyers out of the market,” said Dave Wilkes, BILD president and CEO, in a press release.

Development charges are imposed by municipalities on new developments to offset funds related to the increased need for services such as water, roads, sewers and emergency services.

The building and land development industry agrees that new home buyers should pay their fair share of these costs. However, the report shows that these charges have increased across the GTA between 236 per cent and 878 per cent since 2004, far exceeding inflation and the average wage increases over the same period.

“Combined, development charges and HST make up nearly 80 per cent of all government fees applied to new homes,” added Wilkes. “With affordability being a significant concern in GTA markets, these types of increases are not sustainable.”

In order to keep home ownership a reality in the GTA, BILD recommends that all levels of government must consider the role that taxes and fees contribute to the cost of a new home.

Toronto reviews fraternity and sorority houses

A new report to Toronto’s licensing and standards committee recommends more rigorous scrutiny of fraternity and sorority houses, which would require operators to annually prove the status of their properties. Currently, they enjoy a largely unmonitored exemption to the city’s rooming house by-law.

Toronto’s executive committee instructed city staff to consult with stakeholders and prepare the report to address the concentration of fraternity and sorority houses in residential neighbourhoods near the University of Toronto’s St. George campus. Privately operated rooming houses in this part of the city must be licensed and are regularly inspected to ensure compliance with fire, safety, public health and property standards regulations, while similar accommodations affiliated with nationally or internationally chartered student fraternity/sorority and cooperative students’ residences are exempt from licensing requirements.

“Proof of this status is not required,” the staff report notes. “Concerns have been raised by neighbours about these properties relating to issues of noise and property maintenance, garbage and behaviour.”

The city review found that complaints have been lodged concerning 15 of the 19 such houses currently accommodating students. An average of 32 complaints per year were registered in the period of 2013 to 2017, resulting in 12 orders issued against the properties.

The report does not recommended revoking fraternity/sorority house exemptions, but, rather, calls for annual confirmation that properties qualify as fraternities/sororities along with “proactive outreach and education sessions” related to health, safety, noise and property maintenance. Operators of the houses would have to submit proof of active membership in a chartered fraternity or sorority, and proof that at least three of the student residents are officially enrolled in the organization. Contact information would also have to be filed with the city.

If they receive committee approval, the recommendations will go to the Toronto Council meeting at the end of this month. A homeowners’ group in the neighbourhood where many of the fraternity/sorority houses are located and the University of Toronto have endorsed the staff proposals.

“These new requirements do not, by themselves, provide any solace to the community as to anti-social activities and property maintenance, but they do give the community a way of holding some entity to account. Also, police and by-law enforcement officers will have proper contact information,” states a submission from the Annex Residents’ Association.

“The University of Toronto does not recognize or have any relationship with fraternities and sororities. That said, we share the local community’s desire for safe livable neighbourhoods and are particularly cognizant of the safety of U of T students and willing to support any measure to help ensure that safety,” states U of T president, Meric Gertler.

The importance of gender specific PPE in the construction industry

The traditionally male dominated construction industry has begun to see an upturn in the amount of women working on sites. Around 170,000 females, 25 per cent of those in the industry, are employed in hands-on roles.

The Canadian Centre for Occupational Health and Safety (CCOHS) has warned that as more women join the construction workforce, they are finding their personal protective equipment (PPE) to be ill-fitting.

As women have made up such a slender part of the on-site workforce for such a long time, PPE has been geared towards men. This can leave women finding themselves in hazardous situations without their last line of defence. A hard hat which is too big, or a harness that doesn’t fit a person’s body properly can be highly dangerous.

What is PPE?

PPE is worn by a worker to minimize exposure to specific occupational hazards. Some examples of PPE include respirators, gloves, aprons, fall protection, and overalls, as well as head, eye and foot protection. Using PPE is one element in a health and safety program that should use a variety of strategies to maintain a safe and healthy work environment. PPE does not reduce the hazard itself nor does it guarantee permanent or total protection.

PPE is the last step in the hierarchy of controls, making it the last level of protection between the worker and the hazards. Therefore, it is especially important that the correct PPE is selected, worn, and maintained.

What do employers need to know?

“From headwear to footwear, ill-fitting PPE can cause safety hazards, reduced dexterity from oversized gloves, hard hats that fall off, baggy coveralls catching on equipment, and trips and falls because footwear or shoe covers are too large,” CCOHS state.

“Employers need to consider female workers when purchasing PPE. Some manufacturers produce unisex PPE but even they may not fit a woman properly. Employers should look for distributors and suppliers that offer a full range of for both men and women.”

“Providing PPE in this way can also accommodate the wide variety of different body types that exist in both male and female workers. By recognizing the physical differences between genders, employers can show support for female workers in construction by treating them fairly. This can also support the changing construction workplace culture as more women enter the industry,” CCOHS concluded.

Boardwalk REIT opens Broadway Centre in Calgary

Boardwalk REIT announced the grand opening of its newly refurbished Broadway Centre, an amenity-rich affordable luxury apartment building within walking distance of Calgary’s thriving and trendy Mission area.

Located along 4th Street SW and steps from Calgary’s 17th Avenue entertainment district, Broadway Centre offers a premier location for its residents.

Sam Kolias, Chairman and CEO of Boardwalk commented: “We are excited to introduce our newly re-positioned Broadway Centre. Our investment in this community will offer our residents an affordable and luxurious home in one of Calgary’s most desirable locations.”

broadwaysuite2

Broadway Centre is Boardwalk’s newest addition to its Lifestyle portfolio, rental properties offering residents “a lively and energetic atmosphere, superior customer service and a generous selection of first-class amenities,” including a fitness facility, resident lounges, wi-fi bar, party room, and a private outdoor terrace.

The building is comprised of a variety of suite sizes, all featuring contemporary interior finishes, such as: stainless-steel appliances, modern cabinetry, and wood laminate flooring throughout.

Boardwalk will be celebrating the grand opening of its newly refurbished Broadway Centre with an open house this coming Saturday, May 5th, between 1 p.m. and 4 p.m. in the building’s west and east tower lobbies. Complimentary refreshments and hors d’oeuvres will be served.

Lighting updates top to-do list at B.C. library

Lighting updates are at the top of a to-do list at a Delta, B.C., library after the local council last month authorized the release of reserve funds. An $80,000 infusion will help cover the cost of completing a series of projects at the city’s libraries that a recent facility audit and public consultation suggest are overdue.

A staff report explains that the condition of a lot of the furniture in the city’s libraries rated as “poor” in the facility audit and “outdated” in the public consultation, which revealed other opportunities for interior refreshes.

“Staff would like to engage the services of an interior design professional to determine whether the concerns expressed by library users are due to poor lighting, drab interior paintwork, or a combination of both,” the staff report states in reference to George Mackie Library. “Resolution of this issue is potentially quite simple and may involve some targeted lighting improvements in specific areas of the library and new painting to brighten the room.”

The staff report also flags the estimated $14,000 replacement of 150 meeting room chairs as a priority project.

Ontario candidates overstate conservation costs

The upfront costs of Ontario’s electricity conservation programs are lower than some candidates for provincial office are alleging. Progressive Conservative leader Doug Ford recently promised that his party’s plan to fund energy efficiency measures with tax revenue rather than directly through hydro rates would cut the average family’s annual electricity costs by about $43. However, the average residential customer currently pays less than $28 toward conservation.

“Electricity distributors and the IESO (Independent Electricity System Operator) are investing roughly $400 million annually, which is prorated to 130 billion kilowatt-hours (kWh) of consumption. That works out to about 0.3 cents per kWh allocated to the Global Adjustment,” calculates Andrew Pride, an engineer and consultant providing guidance on environmental sustainability and energy management, who oversaw provincial conservation initiatives prior to the Ontario Power Authority’s merge with the IESO. “For average households consuming 750 kWh, their share of program costs would be $2.30 per month.”

Beyond debunking flawed estimates of potential savings, he argues that decoupling conservation costs from the electricity rate structure would upend the most economically rational funding formula. The user-pay approach directly links charges to consumption, allows electricity distributors to self-sufficiently finance initiatives that principally benefit their own operations and ratepayers, and makes program administrators accountable to funders who are also their customers.

“Considering that, long term, the electricity system saves more than two dollars for every dollar invested in conservation, it makes sense for the electricity system to pay the costs,” Pride asserts. “Keeping the drivers aligned supports cost-effective energy savings.”

“Rate-based financing for energy conservation programming is a widely accepted practice throughout North America,” concurs Mark Winfield, a professor in York University’s Faculty of Environmental Studies and coordinator of its Sustainable Energy Initiative.

Cost-effective investment in matching supply to demand

Expenditures to implement energy-saving measures have proven to be investments with favourable returns. The Environmental Commissioner of Ontario’s recently released 2018 Energy Conservation Progress Report points to both the short-term benefits of reducing peak demand that would otherwise press gas-fired generation plants into production of pricier and dirtier power, and the longer term savings from delaying or avoiding the need to build new highly capital-intensive generating facilities and associated transmission and distribution assets.

Commissioner Dianne Saxe pegs the lifecycle costs of new generation at 7 cents per kWh for wind power, 12 cents/kWh for hydroelectric and nuclear, 14 cents/kWh for solar and 16 cents/kWh for bioenergy, versus system costs of 2.1 cents/kWh as existing generating capacity is stretched through conservation and demand management. “Over the past decade, conservation has saved money for all electricity customers and delivered additional benefits to those who participate in programs, including low-income customers and Aboriginal communities,” she states.

“Conservation is the cheapest way to match supply to demand,” reiterates Keith Brooks, programs director with the public interest group, Environmental Defence. “The Province should continue to put conservation first, pursue all cost-effective conservation and fund it from the rate base.”

Commercial real estate players and public sector facilities managers have clearly seen the value in energy efficiency, both individually and through industry organizations like REALPAC, the Building Owners and Managers Association, the Federation of Rental-housing Providers of Ontario, the Canadian Condominium Institute and the Canadian Healthcare Engineering Society. Currently, for example, management teams and tenants from more than 500 buildings, encompassing nearly 80 million square feet of commercial space, are enrolled in the race2reduce, targeting a collective 10 per cent reduction in energy consumption (relative to 2016) for the 2018-2020 period. This follows the 12.1 per cent energy savings achieved across 200 buildings participating in an earlier 2011-2015 iteration of the race.

Opaqueness of Global Adjustment fuels allegations

Yet, commercial electricity customers share residential customers’ concerns about escalating rates. In particular, the lack of details about the components and their relative weights within the bucket of costs known as the Global Adjustment — which now accounts for 80 to 90 per cent of the commodity cost of electricity — makes it easier for critics to typify conservation as a buried cost and to lump it with other presumed nefarious elements believed to be inflating the price of electricity.

“Right now, seniors, small businesses and families are paying for hidden expenses on their hydro bills that have nothing to do with keeping the lights on,” Doug Ford maintained, as he outlined a scheme envisioned to enable “the average Ontario family” to save 12 per cent on electricity costs. Along with transferring conservation programming to the provincial tax base, he also promised to return Hydro One dividends to ratepayers and to attempt to renegotiate some of the energy contracts now enveloped in the Global Adjustment.

Many observers acknowledge that Ford is tapping into justifiable concern about the opaqueness of the Global Adjustment. His targeting of conservation costs might be seen as a complement to the Toronto Region Board of Trade’s energy policy position paper — released to raise issues ahead of the looming provincial election — which recommends: “Costs not directly related to generation, transmission and distribution should be moved out of electricity prices and either funded by the tax base or cancelled.” However, proponents of energy efficiency counter that conservation is directly related to those key elements.

“Electricity supply and demand are always linked. Saying that energy conservation has ‘nothing to do with keeping the lights on’ is like saying that your right hand has nothing to do with your left foot,” scoffs Corey Diamond, executive director of Efficiency Canada, a national organization promoting energy conservation. “It’s all connected.”

More transparency would serve conservation well since it should reveal its lower cost in comparison to other Global Adjustment components. Many energy management practitioners and potential recipients of program funding would also welcome more scrutiny of the communications and marketing expenditures attached to conservation.

“I think having a review of where we’re spending the money and what we’re getting for it would be a good thing,” submits Scott Rouse, managing partner of the consulting firm, Energy@Work. “But I don’t think the programs should be moved off the ratepayer base to the tax base. It’s just one of the fundamentals: electricity should pay for electricity; water should pay for water, etc.”

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

Canada launches multi-billion dollar housing fund

On May 2nd, the Honourable Jean-Yves Duclos, Minister of Families, Children and Social Development and Minister Responsible for Canada Mortgage and Housing Corporation, was in Toronto to announce the launch of the National Housing Co-Investment Fund (NHCF), a cornerstone initiative of the federal government’s National Housing Strategy.

Through the NHCF, the Government of Canada will work with partners to create up to 60,000 new affordable units and repair up to 240,000 affordable and community units over the next ten years. Investments will also support the creation or repair of at least 4,000 shelter spaces for survivors of family violence, the creation of at least 7,000 new affordable units for seniors and 2,400 new affordable units for people with developmental disabilities.

“Canada’s first-ever National Housing Strategy is built, in part, on the idea that when the federal government works collaboratively with its partners, we can give more Canadians a place to call home,” said Duclos. “The National Housing Co-Investment Fund is this idea in action. By working with our partners at all levels, more middle class Canadians—and those working hard to join it—will find safe, accessible, affordable homes, in vibrant and inclusive communities where families thrive, children learn and grow, and their parents have the stability and opportunities they need to succeed.”

With this $13.2 billion Fund, the federal government will have an active, sustained role in housing and draw upon up to $4.52 billion in contributions and $8.65 billion in low interest loans to ensure existing rental housing is well maintained and modernized for better energy efficiency and accessibility standards. It will support the development of new high-performing affordable housing across the country that is built to last and supports a human rights-based approach to housing.

The NHCF will be delivered in tandem with the recently created $3.75 billion Rental Construction Financing initiative and the $208.3 million Affordable Housing Innovation Fund. Combined, these three initiatives represent an investment of over $17.15 billion. This includes investments under Investing in Canada Plan.

The collaboration and commitment of partners, including municipalities, is more important than ever before to attain the NHS goal of creating a new generation of housing in Canada and help families in need. Investments under the NHCF will support projects that attract additional funding from other levels of government, not-for-profit and co-operative housing providers, and the private sector.

The NHCF will improve accessibility for people with disabilities, increase affordability and contribute to energy efficiency by prioritizing projects that exceed mandatory requirements.

Quick facts:

  • To ensure the next generation of affordable community housing in Canada is built to last, at least 25% reduction in energy consumption and greenhouse gas emissions over national building and energy codes must be achieved for new construction projects and for repairs to existing projects. These minimum requirements represent the most ambitious environmental standards ever applied by governments to housing programs in Canada. They will be further enhanced and increased as the NHS is implemented in light of experience and improvements in technology and building science.
  • The NHCF sets accessibility requirements for new and renewed projects and targets the construction, repair and renewal of housing for people with disabilities. As such, 20% of units must meet accessibility standards. Repair/renewal projects must be barrier-free in common areas and new construction projects must be barrier free and have full universal design.
  • The government will aim for a target of 33% of investments to support projects that serve the unique needs of women and girls. The NHCF will support that objective by improving affordable housing options and increasing shelter space.
  • To maximize the impact of the NHCF, up to $200 million-worth of federal lands will be made available to social and affordable housing providers at a discounted or no cost to encourage the development of affordable homes.
  • To help more Canadians access housing that meets their needs and they can afford, the NHS sets out to achieve bold outcomes over the next 10 years, including removing more than 530,000 households from housing need, creating 100,000 new housing units as well as repairing and renewing more than 300,000 housing units.

Toronto’s top energy saving buildings honoured at awards ceremony

Commercial real estate leaders have been recognized for their efforts to reduce energy consumption at a special awards ceremony.

BOMA Toronto’s race2reduce Awards honoured a number of pioneers in the industry who have strived to promote sustainability.

“BOMA Toronto was extremely pleased to add another mark of industry leadership through the race2reduce CREST Awards (Commercial Real Estate Sustainability Trailblazer)” said Susan Allen, president and CEO of BOMA Toronto. “The value of this program echoes best practices and celebrates industry leadership in sustainability alongside existing programs such as the BOMA BEST, LEED and GRESB.”

Race2reduce kicked off on June 6 last year, with over 500 buildings and tenant spaces across 40 different organizations committing to compete.

The awards event showcased winners from a group of both landlord and tenants participants who competed to earn best-in-class recognition. BOMA measured success in energy reduction through “collaboration, innovation and implementation of best practices in the industry.”

Award Categories

The Energy Management Leadership Award recognizes those that have demonstrated commitment to improve the energy efficiency and operational best practices in their building.

The Innovative Excellence Award recognizes those who have deployed creative and effective approaches, strategies, technologies, etc. to achieve their energy and sustainability objectives.

The Collaborative Excellence Award honours the spirit of the race, in promoting collaboration between landlords and tenants to achieve mutually beneficial outcomes. Those that receive this award will have demonstrated collaborative efforts to bring together and engage one or more stakeholders around issues pertinent to energy efficiency and sustainability.

2017 Crest Award Winners

Energy Management Leadership

  • 40 Holly Street, Colliers International
  • 2323 Yonge Street, Colliers International
  • 302 Bay Street, Bank of Montreal
  • 3080 Yonge Street, FCR Management Services LP
  • 45-47 Sheppard Avenue East, Crown Property Management Inc.
  • 2 St. Clair Avenue West, Colliers International
  • 121 Bloor Street East, Colliers International
  • 160 Bloor Street East, Colliers International
  • 789 Don Mills Road, Triovest Realty Advisors Inc.
  • 30 Adelaide Street East, Dream Office Management
  • 400 University Avenue, Crown Property Management Inc.
  • TD South Tower & 95 Wellington Street West, The Cadillac Fairview Corporation Limited
  • 33 Yonge Street, GWL Realty Advisors Inc.
  • 2300 Yonge Street, RioCan REIT

Collaborative Excellence

  • Royal Bank of Canada, Toronto Portfolio
  • PostMedia Place, Greenrock Property Management Ltd.

Innovative Excellence

  • Simcoe Place, The Cadillac Fairview Corporation Limited
  • 150 Bloor Street West, Colliers International

Jacob Bros opens new headquarters in Surrey

Jacob Bros Construction, celebrating its 10th anniversary, has opened a new 50,000 square foot office and maintenance facility in South Surrey.

The new state-of-the-art headquarters for the heavy civil and commercial building construction company sits on a five-acre site and consolidates a number of the company’s operations within the Lower Mainland. It features offices, a warehouse and service area, a wash bay, two permanent storage buildings, a fuel station, an on-site service area and a welding fabrication shop. The new office offers its employees a modern space with multiple boardrooms, a large, on-site gym, sit-stand desks, environmentally friendly water chiller stations, natural light in all work areas and electric vehicle charging stations.

The family run business formed in 2008 by three brothers (Todd, Scott and Jason) has completed a wide range of heavy civil, municipal and commercial construction projects across B.C. The company received the Entrepreneur of the Year Award for Construction in 2016 and was recently recognized as one of 2018’s BC’s Top Employers.

An early project that was key to growing the company was the rebuild of Granville Street, arguably the company’s most challenging project to date. It involved the complete reconstruction of 10 city blocks right through Vancouver’s downtown core on a tight schedule. The company has also completed many projects for YVR, worked on parts of the Evergreen Line and was a subcontractor on the South Fraser Perimeter Road.

In addition to the new headquarters, Jacob Bros operates a satellite office in Langford, just outside Victoria.

Public art for Calgary’s New Central Library

International artist Christian Moeller will create two pieces of public art in and around Calgary’s New Central Library, a $245 million fully-funded civic amenity in the re-emerging neighbourhood of East Village. Moeller was selected for the $2 million commission after a multi-stage selection process that started with 239 proposals from all over the world.

Now in the finishing stages of construction, under budget and on schedule, the New Central Library’s dramatic and dynamic architecture and design will be enhanced by Moeller’s installations, which will include an exterior three-piece sculpture and an interior “book wall” that employs nearly 11,000 books whose spines, in 12 different colours, create the image of a fish.

The exterior three-piece sculpture named Trio will be installed on the library’s east and west outdoor plaza spaces. Each piece measure nine to 10 metres tall and moves like a pendulum to create a visual choreography.

The book wall named Fish is approximately three metres (10 feet) tall by 14 m (45 ft) wide. It will be located on the third floor of the library.

“Christian’s art reflects the innovative nature of this project and compliments our vision to create an inspiring place,” says Bill Ptacek, CEO, Calgary Public Library. “Beyond their intrinsic artistic merit, his works will reinforce the identity of the New Central Library experience by bringing an enchanting and whimsical experience that will captivate the imagination of children and visitors of all ages”.

Moeller is a professor in the department of Design Media Arts at UCLA and operates a studio in Los Angeles. He studied art and architecture in Frankfurt, Germany, and in Vienna, Austria, before moving to the United States in 2001.

Installation of Moeller’s works will begin in August 2018. The new Central Library is set to open to the public on November 1.

Greenwin Names Patrick Eratostene COO

Formerly Senior Vice President, Residential Operations, Patrick Eratostene has been appointed Greenwin’s new Chief Operating Officer, a new position within the company.

Since 2012, Eratostene has been running Greenwin’s blended housing portfolio, which includes multi-residential, non-profit, affordable and Toronto Community Housing.

Greenwin new COO

“Patrick is a seasoned and trusted leader within our organization,” said Kris Boyce, CEO. “Having been with us since 1988, Patrick is uniquely qualified to drive our organization into the next generation. No one understands residential operations and the transformations occurring in the real estate industry better than him. It is critical that our COO has a strong operations foundation as we expedite Greenwin’s growth. I know that Patrick will continue to ensure operational excellence across the company.”

In Erastostene’s newly created role, he will work closely with the Ownership Group on the company’s overall strategy and execution while maintaining oversight of Greenwin’s residential operations and strategy. He will continue to report to Kris Boyce, CEO.

“I am looking forward to growing Greenwin, one of Canada’s most trusted and beloved real estate brands,” Erastostene said. “We are facing a tremendous opportunity to grow our presence in the industry and I am excited to work with our team to make our world-class business even more competitive and agile.”

The need to apply universal design

Every day across Canada people with disabilities, older adults, and seniors struggle to access spaces like offices, retail shops, restaurants, and community centres because of physical barriers and obstacles created literally by design. What’s worse is that solutions to accessibility barriers are often simple. That’s why including universal design principles are an integral part of the design and building process. Planners, designers and builders need tools to accurately measure current levels of accessibility and be able to plan for greater accessibility. Once project teams become aware of real accessibility barriers and obstacles, it’s easy to resolve these issues and create spaces that are accessible for all users.

There’s no better time than now to rethink how people access and use public places and spaces. Today, one in seven Canadian adults identifies as having some form of disability that affects their mobility, hearing, or vision. Due in part to our large and aging Baby Boomer population, this number is expected to increase to one in five Canadians by 2036, or almost nine million people. This huge population shift calls for the planning and creation of universally accessible communities that allow for successful aging-in-place.

Knowing this means rethinking how people at all stages of life will access and use public and private buildings and spaces. Universally planning, designing, and constructing the built environment from the early stages is key to providing meaningful access: the ability for anyone of any ability or age to independently and safely access the places where they live, work, learn, and play based on planned inclusion. Simply put, it’s critical for designers and builders to plan for access from the start in order to meet the real needs of all future users.

To begin creating an accessible building project, keep three things in mind. First, challenge your assumptions. People with disabilities are not only wheelchair users. There are eight different disability groups that need to be represented throughout the planning process, and each group has its own different accessibility needs. It’s important to design and build spaces that are driven by the needs of users of all ages and abilities, and not simply to code minimums.

Second, avoid labelling at every opportunity. The stigma of being labelled disabled is a significant social barrier, and it has a profound effect on users, especially older adults and seniors. ‘Separate’ accessible entrances separate; ‘segregated’ cash counters segregate. Making ‘special accommodations’ means that a user with different abilities is not considered valuable. Look for opportunities to eliminate separate or segregated spaces.

And lastly, involve an accessibility expert in your design and build. Accessibility affects virtually all areas of a project from the early designing and planning to building completion. Access and inclusion is best achieved by including an accessibility professional who is able to look at access issues holistically in your process.

To help plan for meaningful access, the Rick Hansen Foundation has created Rick Hansen Foundation Accessibility Certification (RHFAC), a LEED-style rating system that rates the accessibility of buildings and sites. The program promotes increased access through the adoption of universal design principles and provides a national standardized measurement of what accessibility really means and how it’s applied across all elements of the built environment. The program also trains and qualifies professional assessors to rate buildings based on their level of meaningful access using a consistent methodology, the only program of its kind to do so.

Ultimately, the long-term usability and viability of our communities depends on design and construction that fully incorporate universal design and embrace everyone. Cities with aging-in-place solutions that support intergenerational living all rely on the practical application of universal design to make them work. RHFAC gives designers and builders the opportunity to plan for the full inclusion of all users in their projects and renovations. It’s only by incorporating universal design that projects will be able to meet these new demands for accessibility.

Brad McCannell is vice president, Access and Inclusion, at the Rick Hansen Foundation. Since founding Canadian Barrier Free Design Inc. in 1992, Brad has been a leader in the field of accessibility and has extensive experience in the application of universal design across the built environment. Learn more about the Rick Hansen Foundation Accessibility Certification (RHFAC) program at rickhansen.com/RHFAC.

 

Photo: Rick Hansen Foundation Accessibility Certification Program assessors, Rod Bitz (in the wheelchair) and Uli Egger.

 

Status certificates revisited in recent court ruling

A recent Ontario Court of Appeal decision sheds some more light on the effect of the failure to disclose certain declaration violations in a status certificate issued by a condominium corporation. Unfortunately, as discussed below, the decision also raises a number of difficult questions for condominiums, managers and unit owners, which can be summarized as “how can you disclose what you do not know?”

In the case of Metropolitan Toronto Condominium Corporation No. 723 v. Reino, released in March 2018, the Court of Appeal decided that a status certificate bound the condominium with respect to the party who requested it (the current owner), but not necessarily any future owner.

The facts are essentially as follows. In 2013, respondent Dante Reino purchased the subject residential condominium unit from his mother. A status certificate was requested from the condominium, and a ‘clean’ certificate was issued. A ‘clean’ certificate had also been issued in 2004 when Mr. Reino’s mother purchased the unit from an undisclosed third party.

Subsequently, Mr. Reino sought to sell his unit in 2016, and requested a new status certificate.  At this point, the condominium disclosed in the new status certificate that the unit was in breach of the declaration due to unauthorized alterations to the unit, being the addition of a second bedroom and relocation of the kitchen. The status certificate stated that the condominium was not willing to allow the alterations to remain and that the condominium may require the removal of same, with the costs of removal to be added to the common expenses.

It appears that the unapproved alterations were made sometime before the issuance of the 2004 status certificate, by a previous owner.

Mr. Reino then applied to the Ontario Superior Court for relief.  The trial level judge agreed with Mr. Reino’s position that the condominium was bound by the earlier certificates and that the condominium could not now make such a reference in the status certificate. That is, the court decided that the condominium was estopped from issuing anything but a ‘clean’ status certificate going forward.

The Court of Appeal overturned the Superior Court’s findings. The Court of Appeal’s key findings in this case were as follows:

The 2013 status certificate binds the condominium with respect to the party who requested it and relied upon it (the current owner).  That is, the condominium cannot require Mr. Reino to remove the unapproved alterations.

However, the condominium can (and in fact has a duty) to include the corrected information in the 2016 status certificate such that the condominium can enforce the removal of the alterations against a subsequent owner of the unit.

If Mr. Reino considers that the unit has lost monetary value due to the omission of the reference to any unapproved alterations in the 2013 status certificate, he may have a claim for damages against the condominium if there was a negligent misrepresentation.

The Court of Appeal did not rule one way or another concerning any negligence of the condominium or manager. There was brief mention, however, that condominium representatives had been in the unit on numerous occasions over the years.

This decision raises a few questions:

In the absence of any finding that the condominium was negligent in failing to mention the unapproved alterations, is it really reasonable that the current owner cannot be held responsible for compliance with the declaration? This does seem open to dispute if, for example, the corporation was completely unaware of the renovations when the 2013 status certificate was issued.

Does this decision then, in effect, make a unit inspection prior to issuing the status certificate advisable or mandatory? Is the court stating that the condominium in issuing a ‘clean’ status certificate essentially certifies that there are no breaches of the declaration (or bylaws or rules) with respect to the unit?

Was there some underlying assumption that the condominium ought to have included a reference or that the condominium may have been negligent? Maybe, but not in so many words.

The Reino decision differs from the earlier 2014 Court of Appeal decision of Orr v. Metropolitan Toronto Condominium Corporation No. 1056. This case also involved the failure to identify an unauthorized alteration in a status certificate.  In Orr, a previous owner had without authorization built a living space into a common element attic.  Ultimately, the condominium was essentially not successful in seeking that the current owner remove the renovations at her expense (and the parties incurred much more than $1 million combined on legal costs of the litigation).

However, the condominium in Orr actually made a statement in the subject status certificate to the effect that ‘there are no continuing violations of the declaration.’ In the absence of such a statement in a status certificate (which should essentially never be made in any event), it is unclear why a condominium should be held accountable to disclose violations of which it is not aware since “you can’t disclose what you don’t know!”

The Orr decision indicated that performing a unit inspection may not be advisable as this could provide grounds for a dispute, should any violation not be identified during an inspection. That is, the fact an inspection may create a presumption of no violations. Reino would appear to create a presumption that no violations exist with a ‘clean’ certificate, even without an inspection.

It’s now a matter of wait and see how the case law develops and how these situations are resolved in practice. For example, if there was a hidden declaration violation of which the condominium could not possibly be aware, and no mention in the status certificate as a result, could the condominium enforce against the party who requested the certificate? The decision in Reino seems to say no, but perhaps there will be some further judicial interpretation in the future based upon different facts. What if such an unauthorized alteration in the future begins to affect other units or the common elements? Would there still be no recourse to enforce against the owner?

Condominiums might consider a ‘disclaimer’ in the status certificate to the effect that no unit inspection has been performed and that any subsequent owner shall be responsible for addressing any violations relating to the unit which may subsequently be discovered. It is unclear what the legal effect of taking such a step may be, but it might conceivably be helpful for a condominium if a dispute were to arise. Would such a provision have affected the outcome in Reino?

The Reino decision is relatively brief, but creates a lengthy list of questions, which again may require further judicial interpretation based on various fact scenarios that may arise.

David Thiel is a partner in the condominium law group at Fogler, Rubinoff LLP. He can be contacted at [email protected] 416-864-9700.

New FM framework provides decision-making best practices

New guidance developed by RICS and the International Facility Management Association (IFMA) seeks to highlight how critical facility management is to how every organization or property occupier functions successfully as a real estate investment.

The “Strategic Facility Management Framework” was launched in Dubai recently during the annual IFMA-RICS World Workplace Forum – Middle East. The framework, authored by Dave Wilson, FRICS, IFMA Fellow for the IFMA-RICS collaboration, sets out a more holistic approach to FM by providing strategic best practices for facility managers and practitioners around the world.

“As organizations seek to innovate, adapt and refresh how they work, the demand for facility management services is growing globally and rapidly,” said Sean Tompkins, RICS CEO, in a press release. “FM services are driven not only by the changing nature of the economic environment or organizational imperatives, but also by the rapid progress in technology, social aspirations, the environment and the political landscape. The new IFMA/RICS framework puts facility management at the heart of organizational objectives and creates a strategic approach that will enable facilities professionals to deliver their expertise globally to a consistent standard.”

Since FM is about more than managing property assets, it is imperative to achieving maximum value from workplace and environmental benefits that improve productivity and protect employees and consumers.

The framework was developed by RICS and IFMA in partnership, with extensive global consultation among FM practitioners and industry leaders. It is also crucially aligned to existing standards set by the International Organization for Standardization (ISO), ensuring that the framework conforms to ISO consistent definitions and global best practices.

“The ability to achieve a competitive advantage through strategic FM has driven the industry’s rapid evolution in recent decades,” said Tony Keane, IFMA president and CEO. “The global FM community has coalesced as a result of unprecedented access to information, benchmarks and global standards, such as the new FM Management Systems Standard launched by ISO this week. As the engine of this community, the IFMA-RICS collaboration exists to provide the tools that allow FM professionals to lead strategic decision making.”

There are strong connections between FM and corporate real estate, in addition to asset management, especially as it relates to property acquisition and disposal in both a strategic and operational sense. This framework sets out some of the key aspects of how and where facility managers can play a more valuable role in the corporate real estate decision-making process.

The landmark collaboration between IFMA and RICS is working to advance the global FM community by offering the most comprehensive catalogue of professional development and credentialing.

Amazon expands its Vancouver Tech Hub

Amazon has announced plans to expand its Vancouver Tech Hub at The Post, an office and retail redevelopment that preserves the Canada Post building, one of the most important examples of Vancouver’s mid-century architecture. The Amazon expansion will create an additional 3,000 jobs in fields including e-commerce technology, cloud computing, and machine learning.

Amazon’s Development Centre will occupy 416,000 square feet of The Post’s 1.13 million square feet redevelopment project, slated to open in 2022. With state-of-the-art amenities and an easily accessible location for its employees, the new Development Centre will sit above a city landmark. This is in addition to Amazon’s current Vancouver offices – including its 156,000 square foot location in TELUS Garden which opened to Amazon employees in 2015.

Amazon also confirmed last November its plans to expand into another downtown site on Dunsmuir Street, which will open in 2020. The company expects to grow to 5,000 corporate employees in Vancouver in the coming years across all of its locations in the city.

“Amazon’s significant presence at The Post marks a defining moment for Vancouver’s growing knowledge sector and an important catalyst for B.C.’s economy,” said Dennis Lopez, QuadReal’s chief executive officer.

Prime Minister Justin Trudeau was present at the announcement to mark the company’s latest investment in Canada, “Our vibrant cities, which are home to some of the best talent in the world, are poised to attract premier investment that creates the jobs of tomorrow. Canadians share your passion for invention and your commitment to excellence – and that’s why we are excited to see Amazon grow here in Vancouver.”

Designed by MCM Partnership Architects, the office buildings will be designed to LEED Gold Certification, and many energy-saving measures will be employed during operation, including waste heat recovery, passive solar shading, light shelves and a building envelope that conserves energy. The Post project will save approximately 25,000 tonnes of carbon by retaining the existing structure of the building. General contractor is PCL Constructors Westcoast.

“The Post marks one of the most ambitious heritage redevelopments in Canada’s history, and perfectly reflects QuadReal’s commitment to innovation and sustainability. Environmental strategies will be employed at all stages of construction and operation, making the Post a benchmark for responsible and financially prudent development,” said Remco Daal, president, Canadian Real Estate, QuadReal.

PCL Construction and Microsoft bring smart building implementations

PCL Construction and Microsoft are teaming up to fuel joint innovation and development of smart building implementations. Using knowledge combined from PCL’s engineering expertise and Microsoft’s engineering and R&D teams, PCL is leveraging advanced Azure capabilities to develop the next generation of Smart Building solutions.

“Smart Building solutions are important to our clients, enabling building operators to gain valuable insights, and it’s an exciting area to be involved in,” said Mark Bryant, PCL’s CIO, in a press release. “PCL Construction is delighted to be partnered with Microsoft to enable leading marketplace solutions.”

Supporting these solutions is the full range of Azure services, including Power BI, Azure IoT and Microsoft’s analytics and AI capabilities. Using these technologies, PCL, backed by Microsoft Azure, will be developing solutions to:

  • Track workers, inventory and environmental conditions during construction to increase efficiency, improve safety and provide insight into the construction process;
  • Reduce cost of management, maintenance and utilities by using the data collected to create improvements and efficiencies, such as automatically turning off the heat in an unoccupied room;
  • Personalize and automate a building’s features, such as lighting, heating, cooling, room utilization and more, to create a more comfortable and productive work environment;
  • Connect usage information from unrelated systems and integrate it into a central view to better monitor inefficiencies and issues, and to achieve peak optimization; and
  • Drive environmental efficiencies and higher returns by optimizing the use of resources for utilities to reduce energy consumption and costs.

Over 200 affordable rental suites set to be built in Downtown Toronto

Over 200 affordable housing units are set to be built in Downtown Toronto.

Situated at the city’s Yonge and College corridor, the 700-unit strong development will be located in close proximity to College TTC subway station, the University of Toronto, the University Avenue hospital network and the downtown financial core.

30% (210) of these units will be designated affordable, revealed Cary Green, Chairman of Greenwin Inc, who announced the plans on Monday.

“Today is an important milestone in Toronto’s development history,” he said. “Our city is in need of affordable housing and we are excited to partner with the Ministry of Housing and the City of Toronto to deliver on this important objective in creating sustainable, affordable housing in a mixed-income setting. Together, with our partner CREIT, we are looking forward to executing on this unique opportunity.”

The property is being acquired in partnership with CREIT as part of the first phase of the Provincial Affordable Housing Lands Program, which was established to leverage provincial land assets in order to develop a mix of market and affordable housing across Ontario.

Greenwin and CREIT promise to deliver a two-tower, purpose-built rental community with approximately 700 units, 30% of which will be maintained as affordable rental housing for a period of 40 years.

“We are delighted to expand our partnership with Greenwin on this well-located property,” added Rael Diamond, President and Chief Operating Officer of CREIT. “Development projects of this calibre are difficult to acquire, so we are very pleased to have the opportunity to add this project to our development pipeline.”