The Ontario Ministry of Municipal Affairs and Housing has responded to the decision by the Ontario Divisional Court that effectively reversed the infamous provisions of Bill 124. The Ministry has also clarified the situation for engineers.
The Ministry has issued a statement saying it will not appeal the decision of the Divisional Court that was issued on May 17. Under the provisions of Bill 124, engineers and other designers who were involved in building permit applications had to take examinations and qualify and register with the Ministry. The rules were enacted in 2006 as amendments to the Building Code Act.
Professional Engineers Ontario objected to the new rules on several grounds, but chiefly because they were an infringement on its right to regulate its own members. PEO asked for a judicial review of the regulations and was happy to hear the May 17 decision.
The decision of the divisional court took effect immediately and covers both engineers and architects. However, it does not cover building code officials, on-site sewage system installers, or registered code agencies. The requirements for those sectors as introduced under Bill 124 will stand.
Following is an extract from the questions and answers on the Ministry’s web site related to the May 17 decision:
“Q. As a result of the Courts decision, are professional engineers and engineering firms subject to qualification/ registration under the Building Code Act and Building Code?
“No. The Divisional Court in a decision of May 17, 2007 declared that subsections 15.11(5) to (7) of the Building Code Act, 1992 and former Section 2.17 (now Section 3.2 of Division C of the 2006 Building Code) do not apply to any holder of any licence or certificate issued under the Professional Engineers Act.”
To see the Ministry’s statement and full questions and answers, visit www.obc.mah.gov.on.ca/Page2955.aspx,
or from the home page, click on the Hot Topics link “Court Decision on PEO Application,” (scroll down to find it), and then on Questions and Answers.