SPRING 2016

EDITOR: KRISTEN BICKERS ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS

THEPROPERTY STANDARD

WHAT’S INSIDE

President’s Message ����������������2PSO Code of Ethics ����������������3ATS Update ����������������������������4Meet Mayor Al �����������������������6Regional Conference ��������������8Google Mapping ���������������������8Mental Health Illness ����������� 10OBOA News�������������������������� 12Storage Containers ��������������� 13Board News �������������������������� 17

LegislationDedicated TrainingCertificationBusiness DevelopmentChapter Certification Training

Animal the Job PT III ����������� 20Heat Stroke and Dogs ����������� 21Legislative Updates �������������� 22Heat Stress on the Job ���������� 23Membership Application������27Robertson Hall Insurance�����28Certification Application������29Falls Avenue Resort �������������� 302016 Advertising Rates �� ������31 OAPSO Board of Directors���32

President’s Message

Dear Members:

It has been a very busy few months for OAPSO and its Directors as they all continue with their tireless volunteer work for our membership to move our Association forward and meet the challenges of an ever-changing by-law enforcement spectrum.

Our Annual Training Seminar this year is being held in beautiful North Bay, Ontario on the campus of the Canadore College from May 29 through to June 3rd. North Bay has always been a preferred location with previous OAPSO seminars held there producing some fond memories over the years - this year’s Annual Training Seminar promises to keep the memorable tradition intact with social events including our welcoming afternoon BBQ cookout on Sunday’s Registration Day, a visit to the Canadian Forces Museum of Aerospace Defense on

the Monday evening, a formal President’s Dinner hosted on the Wednesday evening and many other social events designed to get everyone networking and meeting their provincial counter-parts. The week promises to be packed with many activities and opportunities for all to compare and share their by-law enforcement stories - I too may have a few select stories to share from my 35+ years of experiences. I look forward to seeing you all and joining us in the festivities and to hearing your unique and province-wide by-law enforcement stories in North Bay - a city whose vibrancy is only exceeded by its hospitality.

OAPSO Vice-President Catherine Goddard and I will have attended the one-day meeting of the Inter-Association Summit on Collaboration and Cooperation hosted by AMCTO on Monday May 9, 2016 at the Hilton Garden Inn near Pearson International Airport. The focus of this one-day event is to explore the opportunities that would benefit associations in our industry, and their members. Many of our business partners will also be participating and we expect a lively session with some promising initiatives.

Immediate Past President Warwick Perrin and I will have also attended the two day 2016 Municipal Licensing and Law Enforcement Forum presented by the AMCTO on May 12th and 13th being held at the Crowne Plaza Toronto Airport. Some of the topics for discussion at this Forum include: Disruption, Innovation and Transformation - Emerging Technology; Uber; Video Surveillance - Balancing Security and Privacy; Enforcement in an Increasingly Public Arena; Case Law and Legislative Updates; Management of Mental Health Issues and Vulnerable Persons; Presumptive PTSD Legislation. Our participation in these meetings provide opportunities to remain in step with our industry as well provide our members with a voice; ensuring that their concerns and challenges are heard and that we are part of the emerging strategies and solutions.

I will continue to update the membership on these and other upcoming initiatives with a view to keeping you all informed and engaged in province-wide property standards issues - an area that remains a pivotal urban and rural municipal/by-law enforcement service line.

Respectfully, Italo Joe Luzi, CPSO, CET, MLEO President, OAPSO2

Ontario Association of PropertyStandards Officers Code of Ethics

A Property Standards Officer owes certain duties to the public, to their employers, to other members of their profession, and to themselves and shall act at all times with:

a) fairness and loyalty to their associates, employers, and the publicb) fidelity to public needsc) devotion to high ideals of personal honour and professional integrity. A Property Standards Officer shall:

a) regard their duty to public welfare as paramount.b) endeavour at all times to enhance the public regard for their profession and their Municipality, by extending the public image thereof.c) not give opinions or make statements on matters relating to property maintenance unless they clearly discloses on whose behalf they are giving the opinion or making these statements.d) not express publicly or while they are serving as a witness before a court, commission or other tribunal, opinions on property maintenance matters that are not founded on adequate knowledge or honest conviction.e) make effective provisions for safety of life and health of a person who may be affected by work for which they have ordered and at all times shall act to correct or report any situation which they feel may endanger the safety or the welfare of the public.f) make effective provision for meeting lawful standards, rules or regulations relating to environmental control and protection, in connection with any work they have ordered. A Property Standards Officer for their employer shall:

a) act as a faithful agent or trustee and shall regard as confidential, any information obtained by them as to the business affairs, methods or processes of their employer and avoid or disclose any conflict of interest which might influence their actions or judgement.b) present clearly to their employers, the consequences to be expected from any deviation proposed in the administration of their duties and responsibilities as designated by statutes, where they are responsible for the technical adequacy of professional work.c) have no interest, direct or indirect, in any materials, supplies of equipment used by their employer or in any person of firms receiving contracts from their employer unless they inform their employer in advance of the nature of the interest.d) discloses immediately, any interest, direct or indirect which might in any way be construed as prejudicial to their professional judgement.e) carry out their work in accordance with applicable statutes, regulations, codes and by-laws.f) co-operate as necessary in working with other professionals as may be engaged on a project. A Property Standards Officer shall:

a) maintain the honour and integrity of their profession and without fear or favour expose before the proper tribunals unprofessional or dishonest conduct by any other member of the profession.b) Undertake only such work as they are competent to perform by virtue of their training and experience, and where advisable, retain and co-operate with other professionals or specialists. 3

2016 ATS North Bay, Canadore College

Sunday May 29-Friday June 3, 2016

It’s been a couple years, but if you were around in 2012, then you will remember you last trip North with us, where we stayed at the sister University, Nipissing. This year, however, we have chosen to stay on the College side, literally right next door to the University dorms.

Canadore College/Nipissing University is set amongst some of the most breath taking walk paths, perfect for those who enjoy taking in the outdoors, whether through a walk or a run. The town of North Bay is minutes from the Residence and offers all the necessities a student should need, including late night Mc Donald’s stops and early morning Timmies drive thru’s.

Looking to see some of the sites North Bay has to offer, the beach is a great place to visit. With its parks and board walks you won’t be left looking for more; however, if you’re looking for shopping or night life the downtown is nostalgic and offers many restaurants and shops.

In addition to the regular weekly events, we will be travelling to the North Bay Aerospace Base, touring the Aerospace Command Centre, the Aerospace Museum, as well as enjoying a spectacular meal provided at the bases Mess Hall at 22 Wings, “Club 100”. This night will truly be out of this world. Some things to remember while before leaving:

a. Guests must be suitably attired b. Guests may be subject to either a physical or electronic search prior to entering the facility.  It is recommended, that guests leave all bags, backpacks, etc in their vehicles; c. Cameras, cell phones, Blackberrys, tape recorders and/or

other electronic devices are not permitted in the facility; d. Weapons of any kind are prohibited. e. Guests must be in possession of a government approved identification for acceptance by our Security staff.

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Sunday May 29-Friday June 3, 2016

The Board of Directors encourage all members to attend and enjoy this year’s Presidents Dinner, where we will enjoy the comedic styles of Simon Rakoff, as well as the musical talents of one of North Bays finest, pianist Robin Bilan. Simon Rakoff is known for his comedic acts on Just for Laughs, the Winnipeg Comedy Festival, the Halifax Comedy Festival , CBC Comics as well as Open Mike with Mike Ballard. In addition Simon has appearied on the CBC evening news and a variety of CBC Radio Shows.

Finally, don’t forget the OAPSO Annual William Smith Memorial Silent Auction. This year’s auction is sure to prove OAPSO’s worth in the world of charities. After months of hard work, board members have been able to acquire

Although this is only our second year, OAPSO has taken this passion to a whole new level. Please join us and be part of this amazing event, and remember that each dollar raised goes to the local Habitat for Humanity to help a family build not only a new home, but also a future. We can be part of the solution.

2016 ATS North Bay, Canadore College

• Spence Print• Sheraton on the Falls• Township of Mapleton• Municipal World• Butler Marketing• Cowan Insurance• AAA Gates Wildlife• Woodchuckers• Hampton Auto Detailing• Ontario Building Official Association• City of Pickering• Karen Brown Encaustics• Giselle Grenier Art• Superior Home Inspectors

• Town of Caledon• Bythelaw.ca• Olympusk9.com• MD Charlton• Michael Hill of Cambridge Centre• Authentic 2016 Signed DeMar DeRozen Jersey• CAA• Town of Caledon• Park Smart• Wacky Wings• Stuffed OAPSO swag bags• Ace Golf Instruction

Ace Golf Instruction

e. Guests must be in possession of a government approvedidentification for acceptance by our Security staff.

The Board of Directors encourage all members to attend and enjoy this year’s Presidents Dinner, where we will enjoy the comedic styles of Simon Rakoff, as well as the musical talents of one of North Bays finest, pianist Robin Bilan.

Spence Print Sheraton on the Falls Township of Mapleton Municipal World Butler Marketing Cowan Insurance AAA Gates Wildlife Woodchuckers Hampton Auto Detailing Ontario Building Official Association City of Pickering Karen Brown Encaustics Giselle Grenier Art Superior Home Inspectors Town of Caledon Bythelaw.ca Olympusk9.com MD Charlton Michael Hill of Cambridge Centre Authentic 2016 Signed DeMar DeRozen Jersey CAA Town of Caledon Park Smart Wacky Wings Stuffed OAPSO swag bags Ace Golf Instruction

Although this is only our second year, OAPSO has taken this passion to a whole new level. Please join us and be part of this amazing event, and remember that each dollar raised goes to the local Habitat for Humanity to help a family build not only a new home, but also a future. We can be part of the solution.

Hampton Aut o Detail

Giselle Grenier Art

By the Law

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Meet Mayor Al...

Al is serving his second term as Mayor of the City of North Bay after receiving 84% of the vote. It is not uncommon for citizens of North Bay to say “he is everywhere.” He works 14-16 hours a day, 7 days a week for his city and after is heard saying, “I love my

city.” Al truly believes it is an honour to be Mayor and believes public service is the greatest way to give back.

Al was born in Marville, France. His father was a pilot and Colonel in the Canadian Armed Forces, and they moved often when Al was younger. From Comox, British Columbia to Goose Bay, Labrador, and everywhere in between, AI has had the pleasure of living in a variety of places. In 1976, Al moved to North Bay, and decided to make the Bay his home.

Moving often gave AI the opportunity to meet wonderful people and experience Canada from a unique perspective. Although having lived in many lovely places, North Bay is truly home for Al and his partner of 21 years, Wendy Abdallah.

Through the years, Al has served the community as a Deputy Mayor and Councillor, as Member of Provincial Parliament, as Parliamentary Assistant to the Minister of Enterprise, on numerous boards, agencies

and committees and through thousands of volunteer hours on community projects both big and small.

A graduate of Widdifield High School, Al has been a successful entrepreneur and has founded and owned many successful businesses. Al has also mentored young entrepreneurs who have gone on to create successful businesses of their own. But it is through community involvement that Al has made his most significant contributions and has found his greatest rewards.

Al is a hard working, approachable guy who has served as:

• Co-Chair – 6M MRI Capital Campaign• Co-Chair – Regional Robotics Competition• Co-Chair – ONE PLEDGE Campaign• Co-Chair – Coldest Night of the Year Fundraiser• North Bay’s Newsmaker of the Year 2010• North Bay’s Citizen of the Year 2010• North Bay’s Newsmaker of the Year 2002• President - North Bay Humane Society• President - North Bay & District Chamber of Commerce• Chair - North Bay Heritage Festival• Member - The Learning Library Capital Campaign• Chair - Save the Cents Committee• Chair - Save the Ski Hill Committee• Chair and Founder - North Bay Walk of Fame• Chair - North Bay Citizen of the Year• Director - Kiwanis Club of North Bay• Co-Chair - “Top Secret” Fundraiser for the Capitol Centre

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• Co-Chair - “Live on the Red Carpet”• Member - North Bay Economic Development Commission• Member - North Bay Police Services Board• Founder - Lacrosse North Bay• Director - Halfway House North Bay• Lead Donor - Gathering Place Soup Kitchen• Co-Chair - North Bay in a Box• Member - North Bay Millennium Committee• Co-Chair - MRI Capital Campaign

Al is especially proud to have Chaired the “Save the Cents” and the “Save the Hill” Committees, both of which generated significant community support and involvement. In fact, Al led a volunteer group that took a bankrupt and closed community ski hill and in one year, turned it around and ended with a $450,000 surplus.

As a founder of the Nipissing Lakers Hockey Club, Al derives tremendous pleasure knowing high-caliber hockey is available in North Bay once again. Al partnered with Nipissing University to bring a high profile varsity sport to Nipissing University and the City of North Bay. In 2009, the Lakers were named North Bay’s newsmaker of the year as well as the sports story of the year.Charitable contributions and volunteering are important to Al; in fact, Al donated the use of a building and paid all utilities to help start The Gathering Place, a local soup kitchen.

As a catalyst for returning Lacrosse to North Bay, Al has introduced Canada’s true national sport to hundreds of local youth.

Al is very active playing hockey during the winter months and competing in triathlons, 5K and 10K runs, and sports of all kinds and can be seen running on the main Streets of North Bay. When asked why he runs on the main throughways instead of the scenic waterfront, he will reply “I want people to see that as busy as a Mayor can be, even the Mayor takes 45 minutes to get exercise everyday” It is well known in the community, that the Al supports physical activity and a healthy active lifestyle by his actions. In fact, one of the priorities of the City of North Bay is healthy community.

Al’s partner, Wendy, works with victims of crime in the Ministry of AttorneyGeneral’s office at the North Bay Courthouse. Al and Wendy love to spend time with their daughter Khouri, son-in-law Marc, and their three grandchildren– Kaedyn, Briir and Khov who are active in many sports.Whether through amateur sport, business, community volunteering, fundraising for charity or worthy causes, Al remains dedicated to the City he calls home, North Bay.

Meet Mayor Al...

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Overhead images of properties now a regular part of bylaw investigations

By Samantha Craggs, CBC News Posted: Apr 07, 2016 12:32 PM ET Last Updated: Apr 07, 20165:10 PM ET

For years, the city has been using Google Earthand Maps to peer into the backyards of residents as itinvestigates possible bylaw infractions.City officials use tools such as Google Earth, GoogleStreet View and Geographic InformationSystems mapping to look down on homeownersand compare images from year to year to see when a

landowner built a shed where it shouldn’t be, or anillegal addition on their home.

‘We’re not looking. It’s Google Maps that’s looking.’-John Lane, city manager of building inspection

The city says it will use the Google tools to help enforce a new pool fencing bylaw that will require fencing around all four sides of a backyard pool. Before this technology, inspectors and bylaw officers relied on neighbour accounts and supplied photos to see which infractions were new. Now they use Google to decide which cases to pursue –and in some cases, help prosecute them in court. Any prosecutions are accompanied by site visits and other investigation, said John Lane, manager of building inspections.“It’s a piece of evidence,” Lane said. “It’s not the evidence.”

Hamilton using Google Maps to check out your property and enforce bylaws

This image, taken from the city’s Geographic Information Systems

mapping, shows backyards on the Mountain. The

city uses GIS and Google tools to identify bylaw

infractions. (map.hamilton.ca)

OAPSO Regional Conference

Save the date:November 18, 2018

Topics of DiscussionTBD

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There’s a statute of limitations to fining homeowners for illegal work. The city has a year from the time an official first investigates a case to lay a building code charge. Homeowners often say something has “always been there,” Lane said. Google tools and GIS, with their year-to-year comparisons, help prove that’s not the case.

The information is publicly available, Lane said. And he’s never gotten any complaints.

“We’re not looking,” Lane said. “It’s Google Maps that’s looking. We’re just using the information we receive from Google Maps. We don’t ask Google Maps to take photographs of people’s backyards.”

‘Drones are now for sale in Wal-Mart so your neighbours can spy on you and collect your data.’- Paula Gardner, McMaster University expert

Last year, the city laid about 400 Ontario Building Code charges against people who built without permission. About 100 of them resulted in fines. Sheds, decks, barns, dormers, front porches, swimming pool enclosures and finishing basements all need a building permit, Lane said. Fines are usually between $1,000 and $2,000.

Call before you build. “It’s very important they get a permit before they build,” he said.

James Buffett, a municipal law enforcement supervisor, said overhead tools help with enforcing numerous bylaws, including property standards, zoning and vacant building registry and yard maintenance. He uses Google tools and GIS mapping together. Sometimes he uses Google tools to get an initial idea of what the property looks like. Other times, it’s to see how far back a violation goes.

Paula Gardner, a McMaster University associate professor of communications and multimedia, doesn’t love the idea.

Law enforcement increasingly uses such tools for investigations, she said. People say they don’t worry because they have nothing to hide. But Gardner said that’s a “slippery slope argument” often made by people in demographics that can’t foresee themselvesbeing targeted.

Do you trust your neighbour with a drone?

“One day, you might be the profiled person whose data is considered interesting data that puts you into an at-risk category,” she said.

The more data is used about you, “the more likely you’re going to fit into a scenario,” she said. “That’s how people end up on no-fly lists, or how people end up as subjects in potential police investigations because they were in a certain place at a certaintime.”

The city usage is an example, she said, of how widespread surveillance is and how widely it’s used. And people should be mindful of it. “Drones are now for sale in Wal-Mart so your neighbours can spy on you and collect your data,” she said.

“We have the obligation as citizens to weigh in on what our community standards are around these things.”

samantha.craggs@cbc.ca | @SamCraggsCBC.

Hamilton using Google Maps to check out your property and enforce bylaws

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Mental illnesses are health problems that affect the way we think about ourselves, relateto others, and interact with the world around us. They affect our thoughts, feelings,abilities and behaviours. Depression and anxiety disorders are the most common mentalillnesses.

Mental illnesses are more likely to come up during times of stress or uncertainty, which can be part of many people’s jobs.However, life stress outside of work can also affect mental health, which maythen affect a person at work.

It’s important to understand that mental illnesses are real illnesses. Like other illnesses, such as diabetes or asthma, most mental illnesses are episodic. That means people have periods when they are well and productive, as well as periods when they are unwell and overall functioning is low.

How do mental illnesses impact workers and workplaces?

People who experience a mental illness may doubt their abilities or appear less confident. A person may have a hard time concentrating, learning, and making decisions. Symptoms of a mental illness may feed much bigger thoughts. For example, someone who can’t concentrate may then also think that they can’t do their job well or worry about losing their job. It’s easy to see how these changes affect work performance.

Mental illnesses can also have a big effect on relationships. People who experience a mental illness may withdraw from others, act in unexpected ways, take a lot of time off, or appear less productive than usual. This can strain relationships with supervisors and co-workers.

Mental illnesses cost Canadian employers billions of dollars in absenteeism or sick days, “presenteeism” (coming to work, even when the employee can’t work well), disability and other benefits, and lost productivity.

What can I do about it?

The good news is that mental illnesses are treatable. Early recognition of mental health problems, referrals to the right resources (such as Employee and Family Assistance Plans), and adequate treatment can help people get on the path to recovery and go back to their usual work quickly. Employees can and do reach their full potential when they have the right supports in their life, including those at their workplace. Some mental health problems in the workplace can also be prevented when organizations take steps to create mentally healthy workplaces for all employees.

Telling a supervisor or member of your workplace’s human resources team about a diagnosis of any health problem is called disclosure. In Canada, the law says that you don’t have to tell your employers what is causing a disability. You do need to say that you’re experiencing health challenges and you have to describe what you need to work well. Your employer may need information from your health care provider around your abilities and difficulties, but they don’t need your diagnosis.

What are mental illnesses?

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There are risks and benefits to disclosing your experience of a mental illness. If you do disclose,you and your supervisor may figure out strategies that help you stay at work. For example, you may change the way you complete tasks or change the tasks you do. These strategies are also called accommodations. By law, workplaces have to try to look at reasonable accommodations for anyone who experiences a disability, includinga mental illness. Disclosing may help other people in your workplace understand any changes or difficulties thatthey’ve noticed.

On the other hand, disclosing can lead to stigma or discrimination. Unfortunately, being open about a mental illness can impact a person’s position at a workplace or their ability to find a new job. There are laws to prevent this kind of discrimination, but it can still happen. Workplaces have different attitudes and cultures, so everyone will have different experiences. However, it’s best to think through all the options before you make a decision.

Decisions around staying at work or taking time off are influenced by many different factors, including the nature and severity of the illness and how the illness affects your abilities to work. Ultimately, the choice should be between you, your care team, and your employer. Some people benefit from time off with a gradual return to work. Others may decide to work fewer hours. Some may stay at their current working hours. Staying connected to work can be helpful during recovery. It can be a place to contribute your skills, build social connections, contribute to something bigger, and earn a paycheque. A job can be part of how you see yourself. Talk with your care team for ideas and strategies that support your work goals.

Remember to the advantage of services through your employee benefits. Employee and Family Assistance Plans and your health plan can help you find and access services in your community.

How can I help a co-worker?

Different mental illnesses have different symptoms, and people experience the same mental illness in very different ways. Some people may hide their symptoms, and some people may work well despite symptoms. If you’ve noticed changes and are concerned about a co-worker, it’s best to express concern without makingassumptions.

If a co-worker is experiencing a mental illness, it’s best to let them decide what and how much they tell others in the workplace. However, you can still offer support. Let your co-worker know that you’re there to listen without judgement, and make your co-worker feel like they’re still part of the team. Here are more tips for supporting a coworker: • Ask how you can help—and respect your co-worker’s wishes. • Continue to include your co-worker in the workplace’s usual activities. • Depending on your relationship, you can still keep in touch with a co-worker who takes time off. • When a co-worker returns to work after time off due to a mental illness, make them feel welcome and appreciated. Saying nothing because you’re worried about saying the wrong thing can make your co-worker feel worse. • Advocate for healthy workplaces. Many wellness strategies are low-cost or no-cost, but they can still improve everyone’s well-being and build inclusive spaces. Visit the Canadian Mental Health Association’s Mental Health Works resource at www.mentalhealthworks.ca for ideas and strategies.

Do you need more help?

Contact a community organization like the Canadian Mental Health Association to learn more about support and resources in your area.

Founded in 1918 The Canadian Mental Health Association (CMHA) is a national charity that helps maintain and improve mental health for all Canadians. As the nation-wide leader and champion for mental health, CMHA helps people access the community resources they need to build resilience and support recovery from mental illness.

What are mental illnesses?

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We rarely question our safety when we are in the buildings we live, work shop or play. This is because of the high standard in which buildings in Ontario are constructed.

In Ontario, the minimum standard for new construction, additions and alteration to existing buildings is set out in the Building Code. The Building Department of your municipality enforces the Building Code by examining building plans and specifications, issuing permits and performing inspections through the various stages of construction.

To promote the vital role Building Officials play in ensuring the safety of buildings and their occupants and to create awareness of the of building regulation, the Ontario Building Officials Association promotes Building Safety Month, in conjuncture with other jurisdictions throughout Canada and the United States.

The Ontario Building Officials Association will annually proclaim May as Building Safety Month across Ontario to bring awareness to the public of the Ontario Building Code, the importance in obtaining building permits and the efforts of municipal building officials. We are also requesting that Municipal Councils issue proclamations recognizing this event.

Building Month is promoted and sponsored in cooperation with local Building Department, the Ministry of Municipal Affairs and Housing, the Alliance of Canadian Building Officials Association and the building design industry.

Mike Seiling, CET, CBCOOBOA Past President

OBOA News

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FIND US ON THE WEB!

Questions or Concerns????

Need to post a job opportunity???

Contact: Kimberly Bimm

In recent years, shipping containers have been increasingly used in Ontario for housing, recreational and storage purposes, and it’s really no surprise why. Shipping containers are ubiquitous, cheap, strong, secure from theft, and can be delivered to your door fully assembled. Some are even interesting to look at. A simple Google search produces countless listings for used shipping containers available for as little as $2000, and several companies provide containers for rent atreasonable rates on a temporary basis.

Architects and builders have showcased their creativity by building homes designed almost exclusively from shipping containers. These homes range from single container “tiny homes” to luxury 3,000 square foot, 7 container masterpieces. In 2014 a two-storey, 60 room hotel opened in Sioux Lookout, Ontario, constructed from 120 repurposed shipping containers. One of the authors recently attended the Toronto Home and Garden show where he observed various examples of cabanas, sleeping cabins, and garden sheds all made from shipping containers. While these types of structures constructed from shipping containers are becoming increasingly popular, by far the most common use of these containers are as accessory buildings for storage purposes.

The proliferation of shipping containers for storage purposes have left municipalities with unanswered questions on how to regulate the use of containers and other non-traditional structures being used within their municipal boundaries. While several Ontario municipalities have taken steps to ban or limit their use through zoning and property standards by-laws, there remains some uncertainty as to the treatment of shipping containers under the Building Code Act (“BCA”) and Ontario Building Code (“OBC”). This paper will seek to answer whether shipping containers are “buildings” under the BCA and, therefore, subject to building permit requirements and, if so, when does a shipping container cease being a shipping container and become a building or a structure?

Defining “Buildings” under the BCA and OBC

Subsection 8(1) of the BCA requires a building permit to be obtained for the construction of any building:

Building permits8. (1) No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official. 1992, c. 23, s. 8(1); 1997, c. 30, Sched. B, s. 7 (1).

Relevant to this subsection are the definitions within the BCA for “building” and “construct.” The BCA defines “buildings” at subsection 1(1) as follows:

1. (1) In this Act,“building” means,(a) a structure occupying an area greater than ten square metres consisting of awall, roof and floor or any of them or a structural system serving the functionthereof including all plumbing, works, fixtures and service systems appurtenantthereto,(b) a structure occupying an area of ten square metres or less that containsplumbing, including the plumbing appurtenant thereto,(c) plumbing not located in a structure,(c.1) a sewage system, or(d) structures designated in the building code; (“bâtiment”)

The designated structures within the OBC referenced in clause 1(d) above include such structures as an exterior storage tank, an outdoor pool, and certain types of signs, but do not currently include shipping containers.

When is a shipping container not a shipping container?

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“Construct” under the BCA means:

“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and “construction” has a correspondingmeaning; (“construire”, “construction”, “travaux de construction”)

Of relevance, too, is the definition of “structure.” Although not defined within the BCA or the OBC, courts have found that the ordinary, common and popular meaning of structure includes that which is built or constructed; a building or edifice of any kind; and a combination ofmaterials to form a construction for occupancy, use, orornamentation, whether installed on, above or below the surface of a parcel of land.1

These definitions under the BCA have been broadly interpreted by Ontario’s courts. In R. v. Black,2 for instance, the Ontario Court of Justice found that a floating dock met the definition of a building. In Whitchurch-Stouffville (Town) Chief Building Official v. 893472,3 the Divisional Court found that a small concrete pad which held a concrete mixing plant was a building. Key to these decisions was the inclusive wording within the definition of building, and the similarly wide connotation given to the ordinary, common, and popular meaning of “structure” within that definition.

The definitions within the legislation and their broad treatment within the caselaw has led the Ontario Court of Justice to conclude that a structure made of shipping containers was a building under the BCA. In Mississauga (City) v. 1545356 Ontario Ltd.4, the defendant numbered corporation was issued an Order to Comply for failing to obtain a building permit for a structure created from shipping containers. The Justice of the Peace, after reviewing the same caselaw discussed above, determined that the structure certainly fell within the definition of a building and entered a conviction against the corporation. It is important to note that the structure at issue here was not a single shipping container but a number of containers welded together and modified to include windows and doors. There was no definitivestatement from this Court, therefore, that a single shipping container is a structure.

The Ontario Building Code Commission (“BCC”), however, has been definitive in its treatment of shipping containers under the BCA. The BCC is an administrative tribunal created under the BCA for the resolution of disputes under that act. The BCC is not a court of law and its decisions are not binding on other cases, but they are nonetheless persuasive. In Ruling No. 04-34-989, August 5, 2004, the BCC concluded that shipping containers being used for public storage in the Town of Georgina were, in fact, buildings under the BCA and therefore required building permits.5It based its decision on the fact that the containers consisted of a wall, floor and a roof and that they occupied an area greater than ten square metres, thus satisfying the definition. Further, the BCC noted that they were being used for an occupancy under the OBC and their intended use was the storage of property. The containers were buildings whether they were temporary or permanent.

When is a shipping container not a shipping container?

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When shipping containers become structures

The BCC decision suggests that a single shipping container used for storage would likely be considered a building in Ontario and, therefore, require a building permit. But at what point does a shipping container stop being a shipping container and start being a building?

Although there is currently limited jurisprudence specific to shipping containers, parallels can be drawn to other structures that differ from their intended use. The most obvious of these is trailers. In R. v. 524614 Ontario Ltd.6, truck trailer units had been placed on cement blocks, compartmentalized, refurbished and painted, all without obtaining a building permit. Although the trailers were not constructed as buildings, the Court found that “the trailer units do fall within the definition of a building once theiruse as structures on the appellants land commencedin August of 1996.”7

Similarly, in Oriole Park Resort Inc. v. Middlesex Centre (Municipality)8, the Ontario Superior Court of Justice was asked to determine whether a structure was a mobile home requiring a building permit or whether it was a trailer that did not. Here, the intended use of the structure was determinative. Quoting from the Supreme Court of Canada’s decision in Moore (Township)v. Farr (1978), the Court noted:

It was not a means of conveyance, although it was provided with wheels, and itwas not used for the carriage of persons or goods. The purpose of the apparatus,and it is quite apparent from the evidence, was that it should be hauled quiteempty to a site and there placed on the site and used, not for the conveyance ofpersons or goods, but for the installation of goods, to wit, furniture, and theresidence of people.

Once a shipping container is retired, it is not a means of shipping and is not used for the carriage or conveyance of goods. The intended use of a shipping container for a purpose other than shipping transforms the structure, and when the intended use becomes for the occupancy of people or property, a shipping container becomes a building under the BCA.

Shipping containers used for public or private storage on residential, commercial or industrial property, therefore, would likely be considered buildings under the BCA. So too, would shipping containers that are modified with doors and windows being used for offices, sheds pool cabanas, etc., or shipping containers modified with trusses and joined together for a similar use. There are a number of companies serving Ontario that deliver shipping containers to homes or businesses to assist with moving, storage, and construction. Once filled, these containers are removed and stored at a storage facility or shipped to another location. Arguably, the containers while being loaded would not be considered buildings under the BCA, as their use remains for shipping and/or conveyance. Once delivered to a storage facility, however, that use changes and invites the application of building regulations.

Shipping Containers and Fire Safety

The importance of regulating the use and location of shipping containers became evident in the town of Enerby, British Columbia, in December, 2011. A fire broke out at a log cabin manufacturing facility early in the morning and fire crews worked diligently to control the flames. The facility contained a shipping container that was used to store tools and equipment, including a chainsaw and a small amount of fuel. While the firefighters focused on the blaze outside of the container, inside the small amount of fuel vaporized and detonated, causing the container to explode. The explosion ruptured the roof of the container and blew off the 250 pound doors which struck and killed a firefighter standing nearby.

A similar incident occurred on April 23, 2013 in Saanich, BC, where a leaking propane barbecuestored in a shipping container exploded, destroying the container and several others surrounding it. Parts of the container’s roofwere found 200 metres away. Thankfully, nobody was injured.9

These examples highlight the need to regulate shipping containers used as storage structures.

When is a shipping container not a shipping container?

15

Although they are strong and sturdy and appear safe for these purposes, these stories show how shipping containers could pose a fire safety risk and would benefit from regulation, oversight and inspection under a building code regime.

Conclusion

There is little argument that a compact, creative, and space-saving home built from shipping containers would need to comply with the BCA and the OBC and would require the requisite permits and inspections under this regime prior to anyone moving in. The answer is less definitive, however, in the case of single shipping container placed in a yard or a lot that is used to store equipment or furniture, or as a cabana or garden shed, etc. While Ontario’s courts have yet to conclusively declare that a single shipping container is a building, the jurisprudence suggests that the definitions within the BCA are broad enough to capture shipping containers being used for purposes other than shipping.

At the moment, there remains no national standardcontrolling or defining shipping containers as buildings when they are not being used for shipping. The government of Saskatchewan, however, has addressed this matter by issuing a provincial building standards advisory that states, “a shipping container is considered a building when it: is no longer used for the shipping of freight, is placed on a property either temporarily or permanently, and is used for any shelter or occupancy.”10

Ontario’s building officials would likely benefit from some similar direction from the Ministry of Municipal Affairs and Housing on the regulation of shipping containers under the OBC.

For even greater clarity, the province may want to include shipping containers of a certain size and character in its list of designated structures under the OBC. This would provide certainty to building officials around the province seeking to enforce the Code, and to consumers looking for a cheap or creative way to add storage and other uses to their property.

Christopher J. Williams and David P. Neligan are lawyers at Aird & Berlis LLP practicing in Municipal Law and Land Use Planning & Development Law. Mr. Williams and his partner co-contributors to Legal Corner,Leo F. Longo and John Mascarin, would welcome your input regarding future articles and may be reached atcwilliams@airdberlis.com;llongo@airdberlis.com; and jmascarin@airdberlis.com.

When is a shipping container not a shipping container?

1 R v. Black, [2002] O.J. No. 3049, (ON Ct J) [Black]. 2 Ibid. 3 Whitchurch-Stouffville (Town) Chief Building Official v. 893472, [1994] O.J. No. 4211 (Divisional Ct). 4 Mississauga (City) v. 1545356 Ontario Ltd., [2011] O.J. No. 3694 (ON Ct J). 5 Building Code Commission, Ruling No. 04-34-989, August 5, 2004. 6 R. v. 524614 Ontario Ltd., [1998] O.J. No. 5651 (ON Ct J). 7 Supra, at para 6. 8 Oriole Park Resort Inc. v. Middlesex Centre (Municipality), [2008] O.J. No. 4668 (ONSC). 9 For an in-depth discussion on Shipping Container Fire Safety, please refer to the Fire Chief ’s Association of BC Position Paper: “Intermodal Shipping Container Fire Safety”, September 2014, available online at www.fcabc.ca. 10 See Don Delcourt, Container Conundrum, November 3, 2014, online: <http://www.firefightingincanada.com>

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LegislationOnly Five of 14 New Justices of the Peace Have a Law DegreeThey have backgrounds in school administration, social work and translation - and they have the power to send you to jail. Of the 14 justices of the peace recently appointed by the provincial government, only five have law degrees. With so few lawyers serving in the position, the JP system in Ontario is still considered a “lay bench,” yet the justices are able to deny bail and detain individuals pending trial as well as to incarcerate them for certain offences.

Ontario, unlike some provinces, does not require JPs to have a formal legal education or experience. They simply need a university or college degree and 10 years of full-time work or volunteer experience. That’s something a growing number of criminal defence lawyers say needs to change. Even as the role of justice of the peace has evolved to become more powerful and complex, they point out, the job requirements have remained the same. Lorenzo Berardinetti, parliamentary assistant to Attorney General Madeleine Meilleur, is reviewing the current roles and responsibilities of JPs as well as the qualifications for the job, at Meilleur’s request. A spokeswoman for Meilleur said the review continues. “They’re dealing with complicated legal issues and they’re dealing with human liberty, and the law is changing and complicated,” said Criminal Lawyers’ Association president Anthony Moustacalis. “And so to ensure fairness, you need to know the ground rules, which are constantly changing, and lawyers are in the best position to know what the ground rules are and to stay up-to-date with them.”

JPs, who wear black robes and green sashes and earn $127,000 a year, are often the first point of contact for individuals entering the criminal justice system. “There are high standards for Ontario’s justices of the peace. The ministry has full confidence in the ability of justices of the peace to carry out their responsibilities,” said Christine Burke, a spokeswoman for the attorney general.

Dedicated TrainingOur Annual Training Session is fast approaching and the part iv session is nearly full.  This year’s topics  include: two full days of Mental Health Certification Training, a session on Prohibiting Occupancy and a session Radon Gas.  OAPSO is pleased to welcome back our presPenters Mireille Huneault of CMHA Durham, Shayne Turner of the City of Waterloo & Gloria MacNeil of the City of Kitchener and Bruce Decker of Safetech Environmental.

Looking ahead to this fall, I am pleased to announce that the City of Cambridge will be hosting this year’s Regional Conference on November 18, 2016.  Please save the date and forward any topics of interest onto me.  I want to thank Nicole Papke for securing space for this event.

I look forward to seeing you all in North Bay for the 2016 Annual Training Session.

BOARD NEWS

Catherine Goddard Director

Kevin Narraway Director

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CertificationMembership in YOUR associationOAPSO is YOUR association, here to promote education and raising the profile of the

Property Standards Officer in your community, all levels of governments and the public. Choose the membership that’s right for YOU:

• Opportunities to sharpen your skills and improve your credibility in our job as a Property Standards Officer.

• Keep up-to-date with developments in our fielding enforcement. Raise your professional profile as a Property Standards Officer.

• Opportunities to grow both personally and professionally—earn recognition with a CPSO or CPSOA certification get involved in association activities and contribute to the advancement of your profession.

• Local, chapter and province wide networking with knowledgeable and supportive Property Standards Officer.

Be a member of YOUR association, apply or renewal YOUR 2016 membership, get involved, be counted, and make a difference for YOUR association.

If you have any questions about Membership please contact the Membership Chair Shelly Kunkel or download the membership application through the OAPSO website OAPSO.ca renew your OAPSO membership today and be part of our future.

BOARD NEWS

Shelly Kunkel Director

Director Shelly Kunkel Presenting CPSO to Andy McMahon from the City of Brantford

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Certification

Shelly Kunkel, Director

Membership in YOURassociation OAPSO is YOUR association, here to promote education and raising the profile of the Property Standards Officer in your community, all levels of governments and the public. Choose the membership that’s right for YOU:

Opportunities to sharpen your skills and improve your credibility in our job as a Property Standards Officer.

Keep up-to-date with developments in our fielding enforcement. Raise your professional profile as a Property Standards Officer.

Opportunities to grow both personally and professionally—earn recognition with a CPSO or CPSOA certification get involved in association activities and contribute to the advancement of your profession.

Local, chapter and province wide networking with knowledgeable and supportive Property Standards Officer.

Be a member of YOUR association, apply or renewal YOUR 2016 membership, get involved, be counted, and make a difference for YOUR association.

If you have any questions about Membership please contact the Membership Chair Shelly Kunkel or download the membership application through the OAPSO website OAPSO.ca renew your OAPSO membership today and be part of our future.

Director Shelly Kunkel Presenting CPSO to Andy McMahon from the City of Brantford

Property Standards Appeal Committee Training

OAPSO continues to deliver its Property Standards Appeal Committee training program to committee members and Committee support staff. The Program is half-day in length and the cost is $51/attendee.

Please be aware that we need a minimum of 10 registrants. For smaller municipalities, please contact neighbouring municipalities as well, to conduct the session, so that we can capture as many Committee members and staff as possible while holding the session in their particular area.

Registration can be arranged by contacting OAPSO Professional Development Chair, Catherine Goddard

The course content will include;

Enforcement The Bylaw The Property Standards Order The Legislation (The Building Code Act) The Committee The Hearing itself Appeals Case Law

Business Development2016 has proven to be a good year so far for Business Development. Vice President Catherine Goddard and myself attended Seneca College in February to provide information at their Career Day. We will also be setting up a booth at the OBOA Conference in Ottawa this fall where both Director Craig Calder and Director Derek Petch will be attending to help answer any questions.

In addition to this work, OAPSO have restocked their “swag” and have added a few new items for you to purchase and wear with pride. Make sure you stop in at the ATS hospitality and check it out or visit our web page to take a sneak peek. These items will only be available during the week of the ATS, so come early to ensure you get what you want. Supplies are limited, don’t hesitate, these awesome items won’t last long.

ChaptersChapters have been busy for 2016. The Eastern Chapter met in February and had their Elections, nominating Martin Guindon from Alfred-Planta-genet as the Chair, James Peterson from Kemptville as the Vice Chair and Anette Lees Bauml from Kingston as Secretary.

The Mid Western Chapter also held their elections this past spring, with Holly Hynes from Meaford holding the Chairs position and Ken Campbell, Treasurer from Hanover taking on the additional roles of Vice Chair and Secretary for Kristen Bickers as she had to step down for a new position in Caledon.

At the moment the Halton-Peel Chapter is looking for a new Chair; however, all Chapters seem to be moving forward well. Both the Niagara and York Chapter held meetings this past month and were well attended. Take a look on a web page for chapter meeting news and information.

Chapters are a great way to continue our education, network and build relationships with other officers and Municipalities. If you are interested in joining or creating a chapter in your area, please give me a call or send me an email and I will be happy to help you.

Certification TrainingMeet your 2016 ATS Instructors

Part 1: Part 2:Garry Anderson-Legislation Italo Joe Luzi-LegislationJohn Lane-Construction Ken Andrus-ConstructionWarwick Parrin-Investigation Len Creamer-Investigation

Part 3:Shayne Turner-LegislationShelly Kunkel-ConstructionPhilip Cassata-Investigation

BOARD NEWS

Trevor DeCristofaro Director

Derek Petch Director

Philip Cassata Director 19

Is your Municipality ready to provide their own Animal Services?

Times, expectations and liability with animals in a municipality are changing. As the pet population and the disbursement of wild animals grows due to city growth, there is more of a need and an expectation that the city you work in will help residents to deal with

these issues; and fast. Without starting your own unit, do you think that your contractor is currently providing the best service possible?

Many things are required to start your own unit properly. You can start with pen and paper, the old fashioned way. Start making a list of things that you want to see and of course what is important to your community, after all it’s the tax payers that will end up supporting your new project. When planning on incorporating this type of program within a Municipality, some questions that pass through many managers, supervisors, staffs or council members minds are: Will it really be a cost savings initiative? Are we willing to spend the money? How much more control will we have providing these services? Are we ready to provide for all the necessary training for staff? Have we prepared and established all the necessary and required by laws and what about set fines? The job of an Animal Services Unit vs. an Animal Control/Dog Catcher has changed dramatically over the years. The need to provide an

emphasis on services and not just the catching of dogs is more important. Remember we have become a society where animals are more like family members than ever before. As humans we take everything to heart. These things all fall back on the city and the way in which services are provided. It’s no longer just domestic animals anymore; in addition to our roles we are now becoming responsible for wildlife as well.

Historically, when it came to initiating such a project, many resources were unavailable to officers in charge of animal control services and there didn’t appear to be many out there willing to help educate. Many people love animals but do not have the expertise, despite what they may think. Having said this, sometimes having your working group around you will spark new and fresh ideas on how to design and build a new setting, or set up specific programs for educational training and information.

I am excited to announce that during the 2017 ATS, OAPSO will be partnering up with By The Law, a business owned and operated by myself and Jason Litoborski. This newly added addition will be a first of its kind. We will be offering an Animal Services Officer Program to officers both in the field and those that may be exposed to the field.

This program will offer three components including: Animal Behaviour, Animal Law and Sheltering. In addition to the technical component, there will be hands on exposure with Professional Dog Trainer Pando Stepanis from Olympus K9 who has assisted OAPSO in teaching Animal Behavior for the PART IV program in previous years. This addition will run consecutively with the Part 1, 2 and 3 ATS courses already available so that students get the full OAPSO experience.

The Animal Services Officer Program will include a group project and an exam with the students receiving a certificate upon successful completion. As we bring this project into fruition, more information will become available, with our initial launch being the week of the 2016 ATS, please stop by our table and bring your questions!

We look forward to you support and encouragement with this endeavour.Trevor DeCristofaro and Jason Litoborski

ANIMALS ON THE JOB: Part III

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Heat stroke is a condition that results from hyperthermia (an elevation in body temperature). This increase typically occurs as a response to a trigger, such as inflammation in the body or a hot environment. When a dog is exposed to high temperatures, heat stroke or heat exhaustion can result. Heat stroke is a very serious condition that requires immediate medical attention. Once the signs of heat stroke are detected, there is precious little time before serious damage or even death can occur.

Dogs do not sweat through their skin like humans; they release heat primarily by panting and they sweat through the foot pads and nose. If a dog cannot effectively expel heat, the internal body temperature begins to rise. Once the dog’s temperature reaches 106°, damage to the body’s cellular system and organs may become irreversible. Unfortunately, too many dogs succumb to heat stroke when it could have been avoided. Learn how to recognize the signs of heat stroke and prevent it from happening to your dog.

Signs of Heat Stroke in Dogs

The following signs may indicate heat stroke in a dog:• Increased rectal temperature (over 104° requires action, over

106° is a dire emergency)• Vigorous panting• Dark red gums• Tacky or dry mucous membranes (specifically the gums)• Lying down and unwilling (or unable) to get up• Collapse and/or loss of consciousness• Thick saliva• Dizziness or disorientation

What to Do if You Suspect Heat Stroke

If you have even the slightest suspicion that your dog is suffering from heat stroke, you must take immediate action.1. First, move your dog out of the heat and away from the sun right away. 2. Begin cooling your dog with cool water. You may place wet rags or washcloths on the foot pads and around the head but

replace them frequently as they warm up. Avoid covering the body with wet towels, as it may trap in heat.3. DO NOT use ice or ice water! Extreme cold can cause the blood vessels to constrict, preventing the body’s core from cooling

and actually causing the internal temperature to further rise. In addition, over-cooling can cause hypothermia, introducing a host of new problems. When the body temperature reaches 103.9°F, stop cooling. At this point, your dog’s body should continue cooling on its own.

4. Offer your dog cool water, but do not force water into your dog’s mouth. Try not to let your dog drink excessive amounts at a time.

5. Call or visit your vet right away - even if your dog seems better. Internal damage might not be obvious to the naked eye, so an exam is necessary (and further testing may be recommended).

Tip: recruit others to help you - ask someone to call the vet while others help you cool your dog.

Preventing Heat Stroke

There are ways you can prevent heat stroke from happening in the first place.

NEVER leave your dog alone in the car on a warm day, regardless of whether the windows are open. Even if the weather outside is not extremely hot, the inside of the car acts like an oven - temperatures can rise to dangerously high levels in a matter of minutes. Avoid vigorous exercise on warm days. When outside, opt for shady areas. Keep fresh cool water available at all times. Certain types of dogs are more sensitive to heat, especially obese dogs and brachycephalic (short-nosed) breeds, like Pugs and Bulldogs. Use extreme caution when these dogs are exposed to heat. Some dogs can recover fully from heat stroke if it is caught early enough. Others suffer permanent organ damage and require lifelong treatment. Sadly, many dogs do not survive heat stroke. Prevention is the key to keeping your dog safe during warmer weather.

Heat Stroke in Dogs. If you’re hot they’re hot too.

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Current Status:Ordered referred to the Standing Committee on Regulations and Private Bills

Preamble: The purchase of a home is the largest investment most homeowners will make in their lifetime and homebuyers are increasingly reliant on home inspectors. The current unregulated environment for home inspectors poses risk for the consumer. An unqualified home inspection poses a primarily financial risk from situations such as an unexpected repair and maintenance costs. In addition to financial risk, in some circumstances the condition of homes could also constitute a safety risk to homeowners. These risks ultimately hurt consumer confidence and hurt the home inspection industry as a whole.

Home inspections are a good tool for homebuyers, especially new ones. The regulation of home inspectors will ensure the health of the industry and will create accountability that is helpful for consumers. As the complexity of home inspections rises, licensing will raise the standards of the industry. It is important for the Province to protect homebuyers by regulating the home inspection industry. Increased protection for homebuyers through licensing will increase consumer trust in the real estate transaction and decrease unnecessary consumer risk.

Explanatory Note: The Bill enacts the Licensed Home Inspectors Act, 2016 and makes complementary amendments to the Licence Appeal Tribunal Act, 1999and to the Ontario Labour Mobility Act, 2009.

Part I: Part I deals with definitions and interpretation. Part II: Part II allows the Lieutenant Governor in Council to designate a not-for-profit corporation as the administrative authority. If an administrative authority is designated, the administration of specified provisions of the Act and the regulations made under the Act is delegated to the authority and the authority is required to carry out the administra-tion of the delegated provisions. The Part includes mechanisms for government oversight, including requirements for an administrative agreement between the administrative authority and the Minister, annual and other reports by the authority, competency criteria for board members and oversight by the Auditor General. The administrative authority is not an agent of the Crown. Employees of the authority are not Crown employees. There is no Crown liability for actions of the authority and the authority is required to indemnify the Crown for damages or costs.

The administrative authority is able to set forms and fees in accordance with processes and criteria approved by the Minister. If an administrative authority is designated, it is required to appoint a Registrar.

Part III: Part III provides for the issuance of home inspection licences. The Registrar is required to issue a licence if the prescribed requirements have been satisfied. The Registrar may refuse to issue or renew a licence or suspend a licence if a licence condition is breached or the requirements for issuance of a licence are no longer met. These actions can be appealed to the Licence Appeal Tribunal. Part III also sets out the conditions that attach to the licences.

Part IV: Part IV sets out offences for performing a home inspection or using a protected title without a licence.

Part V: Part V allows the Lieutenant Governor in Council to make regulations dealing with a broad range of matters to regulate the licensing of home inspectors. The Lieutenant Governor in Council may, by regulation, delegate the making of these powers to the board, subject to the approval of the Lieutenant Governor in Council.

Part VI: Part VI makes minor consequential amendments to this Act. It also amends the Licence Appeal Tribunal Act, 1999 to add this Act to the list of Acts the Tribunal has jurisdiction over. In addition, it amends the Ontario Labour Mobility Act, 2009 to add this Act to the list of that Act’s authorizing statutes.

Source: http://ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=3733

LEGISLATIVE UPDATES

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Disclaimer: This resource has been prepared to help the workplace parties understand some of their obligations under the Occupational Health and Safety Act (OHSA) and regulations. It is not legal advice. It is not intended to replace the OHSA or the regulations. For further information please see full disclaimer.

This guideline is intended to help employers, workers and other workplace parties understand heat stress, and develop and implement workplace policies to prevent heat-stress-related illness.

What is Heat Stress?

Working or playing where it is hot puts stress on your body’s cooling system. When heat is combined with other stresses such as hard physical work, loss of fluids, fatigue or some pre-existing medical conditions, it may lead to heat-related illness, disability and even death.

This can happen to anybody  –  even the young and fit. In Ontario, heat stress is usually a concern during the summer. This is especially true early in the summer, when people are not used to the heat.

Heat exposure may occur in many workplaces. Significant sources of heat can be found in workplaces such as foundries, smelters, chemical plants, bakeries and commercial kitchens. For outdoor workers, direct sunlight is usually the main source of heat. In mines, especially deep mines, geothermal gradients and equipment contribute to heat exposure. Humidity in workplaces also contributes to heat stress.

Legal Requirements:

Employers have a duty under clause 25(2)(h) of the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of a worker. This includes developing policies and procedures to protect workers in environments that are hot because of hot processes and/or weather.

For compliance purposes, the Ministry of Labour recommends the Threshold Limit Values (TLVs) for Heat Stress and Heat Strain published by the American Conference of Governmental Industrial Hygienists (ACGIH). These values are based on preventing workers’ core body temperatures from rising above 38°C.

How do we cope with heat?

Your body is always generating heat and passing it into the environment. The harder your body works, the more heat it has to lose. When the environment is hot and/or humid or has a source of radiant heat (such as a furnace or the sun), your body must work harder to get rid of heat.

If the air is moving (for example, by fans) and it is cooler than your body, it is easier for your body to pass heat into the environment.

Workers on medication or with pre-existing medical conditions may be more susceptible to heat stress because some medication and/or medical conditions may impair the body’s response to heat. Such workers should speak to their personal physicians to see if their medication(s) and/or health condition(s) affect their ability to work in hot environments.

Heat Stress

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A summary of heat-stress-related disorders, causes, symptoms, treatment and prevention is presented in the table below.

Heat-Stress–related disordersHeat-Stress–related disorders

A summary of heat-stress-related disorders, causes, symptoms, treatment and prevention is presented in the table below.

Cause Symptoms Treatment Prevention

Heat rash Hot humid environment; plugged sweat glands.

Red bumpy rash with severe itching.

Change into dry clothes and avoid hot environments. Rinse skin with cool water.

Wash regularly to keep skin clean and dry.

Heat cramps Heavy sweating from strenuous physical activity drains a person’s body of fluid and salt, which cannot be replaced just by drinking water. Heat cramps occur from salt imbalance resulting from failure to replace salt lost from heavy sweating.

Painful cramps occur commonly in the most worked muscles (arms, legs or stomach); this can happen suddenly at work or later at home. Heat cramps are serious because they can be a warning of other more dangerous heat-induced illnesses.

Move to a cool area; loosen clothing, gently massage and stretch affected muscles and drink cool salted water (1½ to 2½ mL salt in 1 litre of water) or balanced commercial fluid electrolyte replacement beverage. If the cramps are severe or don’t go away after salt and fluid replacement, seek medical aid. Salt tablets are not recommended.

Reduce activity levels and⁄or heat exposure. Drink fluids regularly. Workers should check on each other to help spot the symptoms that often precede heat stroke.

Fainting Fluid loss, inadequate water intake and standing still, resulting in decreased blood flow to brain. Usually occurs in unacclimatized persons.

Sudden fainting after at least two hours of work; cool moist skin; weak pulse.

GET MEDICAL ATTENTION. Assess need for cardiopulmonary resuscitation (CPR). Move to a cool area; loosen clothing; have the person lie down; and if the person is conscious, offer sips of cool water. Fainting may also be due to other illnesses.

Reduce activity levels and⁄or heat exposure. Drink fluids regularly. Move around and avoid standing in one place for too long. Workers should check on each other to help spot the symptoms that often precede heat stroke.

Heat exhaustion

Fluid loss and inadequate salt and water intake causes a person's body's cooling system to start to break down.

Heavy sweating; cool moist skin; body temperature over 38°C; weak pulse; normal or low blood pressure; person is tired and weak, and has nausea and vomiting; is very thirsty; or is panting or breathing rapidly; vision may be blurred.

GET MEDICAL ATTENTION. This condition can lead to heat stroke, which can cause death quickly. Move the person to a cool shaded area; loosen or remove excess clothing; provide cool water to drink; fan and spray with cool water. Do not leave affected person alone.

Reduce activity levels and⁄or heat exposure. Drink fluids regularly. Workers should check on each other to help spot the symptoms that often precede heat stroke.

Heat stroke There are two types of heat stroke:

Classic heat strokemay occur in olderadults and in personswith chronic illnessesexposed to excessiveheat. When the bodyhas used up its waterand salt reserves, itstops sweatingcausing a rise in bodytemperature.

Exertional heat strokegenerally occurs inyoung persons, whoengage in strenuousphysical activity for aprolonged period oftime in a hotenvironment and thebody’s coolingmechanism cannot getrid of the excessiveheat.

Heat stroke may develop suddenly or may follow from heat exhaustion.

High body temperature (over 40°C) and any one of the following: the person is weak, confused, upset or acting strangely; has hot, dry, red skin (classic heat stroke) or profusely sweating (exertional heat stroke); a fast pulse; headache or dizziness. In later stages, a person may pass out and have convulsions.

CALL AMBULANCE. This condition can kill a person quickly. Remove excess clothing; fan and spray the person with cool water; offer sips of cool water if the person is conscious.

Reduce activity levels and/or heat exposure. Drink fluids regularly. Workers should check on each other to help spot the symptoms that often precede heat stroke.

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Heat-Stress–related disorders

Controlling Heat Stress

Acclimatization

The longer you work in a hot environment, the better your body acclimatizes to the heat. If you are ill or away from work for a week or so you can lose your acclimatization.

To become acclimatized, consider the following progressive approaches:

1. If you are experienced on the job, you should limit your shift time in hot working conditions to 50 per cent on the first day, 60 per cent on the second day, and 80 per cent on the third day. You should be able to work a full shift on the fourth day.

2. If you are not experienced on the job (for example, if you are a new employee), you should start off spending 20 per cent of shift time in hot working conditions on the first day and increase your time by 20 per cent on each subsequent day. You should be able to work a full shift in hot working conditions the fifth day.

3. Instead of progressively increasing the exposure times on the job in a hot environment, you can become acclimatized by gradually increasing the physical demands of the job over a week or two.

If you have health problems or are not in good physical condition, you may need longer periods of acclimatization. Hot spells in Ontario seldom last long enough to allow acclimatization. However, exposure to workplace heat sources may permit acclimatization.

When there is a potential for exposure to heat stress, control measures must be taken to prevent heat exposure in the workplace. These include engineering controls, administrative controls and protective clothing. Selection of appropriate workplace controls will vary, depending on the type of workplace and other factors. Some measures may include:

Engineering controls

Reduce physical demands of work task through mechanical assistance (hoists, lift–tables, etc.) Control the heat at its source through the use of insulating and reflective barriers (e.g. insulate furnace walls) Exhaust hot air and steam produced by operations Reduce the temperature and humidity through air cooling Provide cool, shaded work areas Provide air–conditioned rest areas Increase air movement if temperature is below 35°C (e.g. use fans).

Administrative and work practice controls

The employer should: o Assess the demands of all jobs and have monitoring and control strategies in place for hot days and hot

workplaces o Increase the frequency and length of rest breaks o Schedule strenuous jobs to cooler times of the day o Provide cool drinking water near workers and remind them to drink a cup about every 20 minutes, or more

frequently, to stay hydrated o Caution workers to avoid direct sunlight o Assign additional workers or slow down the pace of work o Make sure everyone is properly acclimatized o Train workers to recognize factors which may increase the risk of developing a heat related illness and the

signs and symptoms of heat stress and start a “buddy system” since people are not likely to notice their own symptoms

o Investigate any heat–related incidents Trained First Aid providers should be available and an emergency response plan should be in place in the event of

a heat related illness. Pregnant workers and workers with a medical condition – or those taking certain medications – should discuss

with their physicians about working in the heat 25

Heat-Stress–related disorders

Protective clothing

Light summer clothing should be worn to allow free air movement and sweat evaporation If working outdoors, wear light-coloured clothing, preferably long-sleeve shirt and pants, and cover the head to

prevent exposure to direct sunlight In a high radiant heat situation, wearing reflective clothing to shield radiant heat may help For very hot environments, consider air, water or ice–cooled insulated clothing Vapour-barrier clothing, such as chemical protective clothing, greatly increases the amount of heat stress on the

body. Extra caution such as heat strain (physiological) monitoring is necessary, if vapour-barrier clothing is worn

Managing Heat Stress from process heat

For an environment that is hot primarily due to process heat (furnaces, bakeries, smelters, etc.), the employer should follow the guidance of the American Conference of Governmental Industrial Hygienists (ACGIH) as outlined in its booklet and documentation for the recommended Threshold Limit Value (TLVs), and set up a heat stress control plan in consultation with the workplace's joint health and safety committee or worker health and safety representative.

Further information on the ACGIH TLVs, and on the development of heat stress control plans, can be found at the following websites:

ACGIH (documents available for purchase)

U.S. Occupational Safety and Health Administration (OSHA - documents available for free)

Managing Heat Stress caused by hot weather

Most workplaces do not have hot processes; however working in hot weather can pose health risks to their workers. For work in hot weather, a hot weather plan is appropriate. A hot weather plan is a simplified heat stress control plan. A hot weather plan should establish the implementation criteria, or triggers, to put the plan into effect. The criteria may include weather⁄environmental indicator triggers such as:

Humidex (local or specific site) reaching or exceeding 35 Environment Canada humidex advisory (air temperature exceeding 30°C and humidex exceeding 40); Environment Canada weather reports; Heat waves (three or more days of temperatures of 32ºC or more); and⁄or Ontario Ministry of the Environment smog alert.

Generally, plans related to hot weather should be in place between May 1 and September 30 of each year.

The following websites have information on humidex, weather reports and smog alerts:

Environment Canada - weather and meteorology

Environment Canada Weather Office

Air Quality Ontario smog advisories

Remember that while complying with occupational health and safety laws, you must also obey applicable environmental laws.

For further information or assistance, please call the Ministry of Labour Health & Safety Contact Centre: 1-877-202-0008.

26

Striving TO PROVIDE

A betterPLACE

LIVE

O.A.P.S.O 3980 Grand Park Dr. • P.O. BOX 43209 • Mississauga, Ontario • L5B 4X0 • www.oapso.ca

TO

L5B 4A7

2016 OAPSO MEMBERSHIP APPLICATIONMEMBERSHIP TYPE:

Individual- Municipality-______________________________________ Full Membership - $70.00 Individual Member (1 vote)

Associate- Associate Membership - $27.00 Individual Member (no vote)

Venerable-Venerable Membership- $27.00 Individual Member (1 vote)

MAIN CONTACT PERSON: (example - Manager of Property Standards and/or Bylaws)

Last First Initial

EMAIL

JOB TITLE:

MAILING ADDRESS:

BUSINESS PHONE FAX#

Please note that voting at the Annual General Meeting is restricted to paid members only.

Please return this form and the staff list with your payment, made payable to – Ontario Association of Property Standards Officers Inc. C/O Shelly Kunkel CBCO, C.P.S.O Director - Membership and Certification Chair 100 Wellington Square Brantford, Ontario N3T 2M2 (519) 759-4150 Ext. 2315 Fax: (519) 752-1874

Email: skunkel@brantford.ca

Corporate-Municipality Name: Population: Fees are listed in the chart below on populationPOPULATION ANNUAL FEE VOTING DELEGATES Less than 15, 000 $70.00 1 vote 15, 001 to 50, 000 $130.00 2 votes

Over 50, 000 population $130.00 plus $70.00 for ever 50, 000 in population (or portion thereof)

1 vote for every 50, 000 population (or portion thereof)

VERY IMPORTANT: In order to ensure the accuracy of our records for Membership Cards, please provide an updated listed of ALL individuals in your municipality who are involved in property standards

enforcement and wish to be included in the corporate membership, as well as their positions within the municipality and their email address.

Number of Members for this Corporate Membership:

27

Striving TO PROVIDE

A betterPLACE

LIVE

O.A.P.S.O 3980 Grand Park Dr. • P.O. BOX 43209 • Mississauga, Ontario • L5B 4X0 • www.oapso.ca

TO

L5B 4A7

APPLICATION FOR CERTIFIED PROPERTY STANDARDS OFFICER CPSO Certification is available to any Full Member or Corporate Member in good standing with the Ontario Association of Property Standards Officers (OAPSO) who meets the qualifications. Full details of the qualification for the CPSO Certification please see the website www.OAPSO.ca

Application Check List

1. Start date in Property Standards _____________ (must have 2 years’ experience)

Letter from your supervisor, HR department or Municipal Clerk outlining your duties as a Property StandardsOfficer OR in the field of Property Standards either in enforcement, management or administration.

2. Completed the Training or Challenge Exam Successfully completed the multi-stage O.A.P.S.O. training courses

Copies of all certificates or letters indicating successful completion are attached.Part 1: (year completed)____________ Part 2: (year completed)____________ Part 3(year completed)____________

OR

Successfully completed a Challenge Exam administered by OAPSODate of Exam: (year completed)____________ Name of Proctor: ________________________

Copy of the O.A.P.S.O. certificate indicating that you successfully passed the challenge exam.

3. Your OAPSO Corporate or Individual Membership is in good standing Y / N (please circle)

4. Mail completed application form, the one-time application fee of $120.00Made payable to Ontario Association of Property Standards Officers (OAPSO) C/O Shelly Kunkel CBCO, C.P.S.O Director - Membership and Certification Chair City of Brantford, 100 Wellington Square, Brantford, ON N3T 2M2 Full payment and all relevant documentation must accompany this application

NAME:

EMAIL:

TITLE:

MUNICIPALITY/EMPLOYER:

MAILING ADDRESS: (PLEASE PROVIDE A COURIER FRIENDLY ADDRESS)

CITY: PROVINCE: POSTAL CODE:

TELEPHONE NUMBER: FAX:

EMAIL:

Signature: Date:

29

Striving TO PROVIDE

A betterPLACE

LIVE

O.A.P.S.O 3980 Grand Park Dr. • P.O. BOX 43209 • Mississauga, Ontario • L5B 4X0 • www.oapso.ca

TO

L5B 4A7

31

2015-2016 OAPSO BOARD

Back row from left: Philip Cassata, Len Creamer, Kevin Narroway, Trevor DeCristofaro, Derek Petch and Italo Joe Luzi. Front Row

From Left: Kimberly Bimm, Shelly Kunkle, Warwick Perrin, Kristen Bickers, Catherin Goddard and James Lefebvre. Missing from the picture, Craig Calder

2016 ADVERTISING RATES To place an advertisement in our Newsletter “The Property Standard”, please contact the Editor Kristen Bickers with your request:ckbickers@hotmail.com

The “Property Standard” newsletter is published and made available as a PDF directly to over 1800 members and non-members across Ontario, and includes a variety of Provincial and Regional level government employees.

FULL COLOUR 1 ISSUE 2 + ISSUES

FULL PAGE $500.00 $375.00

1/2 PAGE $300.00 $225.00

1/4 PAGE $175.00 $130.00

1/8 PAGE $125.00 $95.00

Western!

2016 ADVERTISING RATES

2015-2016 OAPSO BOARD

Back row from left: Philip Cassata, Len Creamer, Kevin Narroway, Trevor DeCristofaro, Derek Petch and Italo Joe Luzi. Front Row

From Left: Kimberly Bimm, Shelly Kunkle, Warwick Perrin, Kristen Bickers, Catherin Goddard and James Lefebvre. Missing from the picture, Craig Calder

2016 ADVERTISING RATES To place an advertisement in our Newsletter “The Property Standard”, please contact the Editor Kristen Bickers with your request:ckbickers@hotmail.com

The “Property Standard” newsletter is published and made available as a PDF directly to over 1800 members and non-members across Ontario, and includes a variety of Provincial and Regional level government employees.

FULL COLOUR 1 ISSUE 2 + ISSUES

FULL PAGE $500.00 $375.00

1/2 PAGE $300.00 $225.00

1/4 PAGE $175.00 $130.00

1/8 PAGE $125.00 $95.00

Western!

Back row from left:Philip Cassata, Len Creamer, Kevin Narroway, Trevor DeCristofaro, Derek Petch and Italo Joe Luzi.Front Row from Left:Kimberly Bimm, Shelly Kunkle, Warwick Perrin, Kristen Bickers,Catherin Goddard and James Lefebvre.Missing from the picture:Craig Calder

EDITOR: KRISTEN BICKERS ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS

Striving TO PROVIDE

A betterPLACE

LIVE

O.A.P.S.O 3980 Grand Park Dr. • P.O. BOX 43209 • Mississauga, Ontario • L5B 4X0 • www.oapso.ca

TO

L5B 4A7