Bill 7: Architects and Engineers

At the University of Manitoba, the Architect’s Building is next door to the Engineer’s Building (see photos). The Faculty of Architecture is one of the very best in Canada, and has a global reputation. Manitoba’s engineers have also done a remarkable job. For example the Faculty of Engineering is the host centre for the ISIS Canada Network of Centres of Excellence. ISIS stands for Intelligent Sensing for Innovative Structures. In the 1990’s as a Member of Parliament, I worked closely with Dr. Sami Rizkalla who was the initial leader of ISIS, to help him prepare for this competition in which he and Manitoba were successful.

In planning and constructing buildings, architects and engineers work side by side. The changes proposed by the NDP in Bill 7, The Architects and Engineers Scope of Practice Dispute Settlement Act, were very contentious with a very large number of presenters (about 200) coming to the Legislative Committee to present their views.

There were many good presentations, and there were many good ideas to modify Bill 7 to achieve greater clarity. Unfortunately, the NDP and the Tories combined to oppose the views presented by the architects that some changes were needed. Only the Liberals presented amendments to achieve greater clarity and to better reflect the concerns being raised by the architects of Manitoba. When architecture student after architecture student rose to speak to their concern with this bill and the problems it may create for young architects, the NDP and the Tories chose not to listen. Only the Liberals spoke up to try to get better clarity in the legislation.

Let me give an example. The Architects Act now says that the standards for the practice of architecture will be in the Building Code. This is unusual for virtually every other jurisdiction has the primary elements of the scope of practice for architects in their Architects Act. After the passage of Bill 7 architects should in theory be designing most buildings with a building area of more than 600 meters squared. In practice, since this building area applies to up to three floors, this means a gross area of more than 1800 meters squared. But there is a qualification here. Under Bill 7, non-architects can design a building of up to 1200 square meters (or a gross area of up to 3600 meters squared) provided there is a firewall between the two halves of the building. If buildings are designed with a series of firewalls, the size of a building which does not need an architect to design it is huge.

When I first talked to the Engineers, they told me that such larger buildings would not be built with such firewalls because it is not economic to do so. But, in discussions with architects, it is clear that as buildings get larger there are requirements to include a sprinkler system, to use steel and concrete rather than wood etc, and that when these facts are considered, it is in fact often economic to build such larger buildings with firewalls. Indeed, I have been told that this is already happening in Manitoba. Thus it is in fact quite important to be clear as to the intent. Repeatedly, in the legislature we Liberals asked the NDP Minister Nancy Allen for clarification. Time and time again she refused to provide clarification even as to her intent, let alone move to clarify the legislation. This was shameful.

During the committee hearings there were many passionate presentations. I will quote from a few:

From an engineer – Garry Stasynec:
“Set aside Bill 7. As it is written, it is not a workable long-term solution. This Bill appears to be a stopgap measure that will only add to the confusion and set the stage for the prolongation of the dispute. The all-Canadian concept of adjusting things until everyone is equally unhappy is a poor measure of the success of any legislation.”

From Scott Sirton, the Chief Executive Officer of Smith Carter Architects and Engineers, a firm with many architects and engineers which does work in virtually every province in Canada, in 6 U.S. states and in many other countries around the world.
“We do not profess the either-or mantra of Architect or Engineer, but believe that more integration is required…. I am concerned that this is a Bill trying to undo the errors of the past, not a Bill looking to address the evolving world of design, construction and development….I strongly believe that this Bill if not revisited with in depth perspective and a balanced input from stakeholders in this room, the goal to end the temporary backlog may be achieved, however, Winnipeg and Manitoba will further it’s reputation as a have not Province, as we will not have unity among built environment professionals.”

From David Penner, architect and businessman: “The current legislative changes … does not support a bright vision for the continuing development of our province. It is not ‘doing it right’.”

From Rina Ricci, Intern Member of the Manitoba Association of Architects:
“If this bill is passed, it will leave me no other choice than to find another home in another province.”

From Annette Gargol, co-chair of the Manitoba Women in Architecture group:
“When I first read through Bill 7 and began to understand the implications for the profession of Architecture, my first reaction was ‘Yikes! Time to move to Alberta!!!’”

From Greg Hasiuk, architect: "This [Bill 7] is unprecedented and an inappropriate structure for any self-regulating profession."

From Terry Danelley, architect: “This legislation is perverse and without precedent in North America.”

From Guy Prefontaine, architect:
“What is finally the most worrisome is the sheer number of the total about-faces in the Minister’s position coupled with the outrageously bizarre nature of the proposed legislation.”

Clearly with comments like this the NDP should have done better in Bill 7. They didn't.

Clearly, the Tories should have provided some opposition. Instead the Conservative Party view was clearly stated by their critic, Ron Schuler, MLA - Springfield: "When the NDP and Liberals debate the engineers and architects legislation, do not get between them."