UTGB Vol 5.pdf - Robson Hall Faculty of Law

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266 Underneath the Golden Boy previously raised. 86 On 30 November 2005, Mr. Schuler said that he was impressed by the number of young people that came forward to passionately share their views on the bill. He stated that the opposition did have some concerns about the bill, which he had raised with the Minister. Mr. Schuler said that the opposition felt the bill went too far. He raised one point in particular: I would ask the minister if, one more time, .!he would take the opportunity and maybe flag a caution that an arena of 1 QOO,seat capacity, though it could have a person capacity much greater than just seats, and that maybe the minister could just put a caution that the intent never was to build a huge building with only 1 000 seats in it. 87 Mr. Schuler acknowledged that construction must be pushed ahead in rural areas that do not have access to professionals, but he stated that this must be balanced with interests. 88 Despite the concerns raised, Mr. Schuler encouraged the Minister to move the bill on to royal assent and proclamation in the same day. 89 Bill 7 was passed unanimously and it was given royal assent later that day. 90 IV. ANALYSIS OF TilE BILL Overall, Bill 7 added some sections and made SJme changes to all three acts in an attempt to eliminate the discrepancies between them and to resolve the dispute between the two professions. As will be discussed, it appears as though the bill did get projects moving again, but both professional groups have particular concerns about the impact of Bill 7. A. Amendments to The Architects Act The first part of the bill focuses on amendments to The Architects Acwhich, according to the Explanatory Note, were intended to clarify when an engineer could do what was considered architectural work. This is an accurate reflection of a few sections in particular. Previously, The Architects Act specified who was permitted to use the designation "architect" in s. 15(1). Section 3 of Bill 7 added s. 15(1.1) to The Architects Act to ensure that engineers could still legally practice within their profession. As discussed previously, Dr. Gerrard proposed an amendment to this section in the report stage. 9 t It appears that Dr. Gerrard raised a valid concern, which was summarily dismissed-what is an acceptable 86 Ibid. at 791. 87 ManitobaLegislative Assembly, Debates and Proceedings, Vol. LVII No. 22 (30 November 2005) at 807 (Ron Schuler). 88 Ibid. 69 Ibid. at 808. 90 Ibid. at 818. 91 See Report Stage Amendments at 265, above.
design in one jurisdiction may not be safe in Manitoba, given geographical differences. 92 Perhaps the phrase could not be struck out; however, it might have been altered to avoid the possibility of downloading designs from the Internet without a Manitoban architecfs approval. In addition, s. 15 of Bill 7 provides for the grandfathering of a specific group of engineers by adding s. 34 to The Architects Act. Section 22 of the bill adds identical provisions to The Engineering and Geoscientific Professions Act under s. 68.1. As a result, those who were doing "competent architectural work" prior to the McCawley Decision may continue to do this work until they retire. The section also provides operational details for this clause. Section 15(1.2) was added to The Architects Act to ensure that the engineers who fell under the grandfathering clause could practice accordingly. The grandfathering clauses seem reasonable, since they only apply to a small number of engineers who have already been doing the relevant work in the past. 93 While there was concern expressed about these grandfathered engineers working outside their professional act, 94 the fact that the engineers would still be covered by their professional code of ethics should provide sufficient public protection, especially since they have already been doing this work. Additionally, s. 10 of Bill 7 changed the definition "work that may be done by non members'' under ss. 25(1) and (2) of The Architects Act. Previously, the section was much more specific about the work that could be done by non members; however, the amendment removes these specifications, referring the reader to The Buildings and Mobile Homes Act and the "applicable building construction code." As discussed previously, the architects were opposed to this amendment. 95 In reality, it should not be a problem to have the details contained in the Code, as long as the Code is clear and changes to it can be made in a way that is fair to both sides. Section 2 of the bill adds the definition of the "practice of professional engineering,'' to The Architects Act. This section refers the reader to the definition provided in The Engineering and Geoscientific Professions Act. More importantly, this section of the bill also provides for an amended definition of the term "architece' in s. 1(1) of The Architects Act. While the previous defmition stated that architects would plan and "supervise" projects, the Act now states that architects are to plan and "review" projects. This section in particular may reduce the scope of practice of architects, as it seems to suggest that an architect does not necessarily have the final say on the "erection, 92 See Third Reading and Royal Assent section at 265, above. 93 See Debate at the Second Reading section at 260, above. 94 See Committee Meetings section at 261, above. 95 Ibid.
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Underneath the Golden Boy Volume V
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Underneath the Golden Boy contents
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Introduction Academic commentary in
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Fixed Date Elections BRYAN SCHWARTz
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• Stockwell Day was elected leade
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date and provide for elections ever
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The Constitution Act, 1982 32 and t
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No one really supposes that there i
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duration without infringing on the
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14 Underneath the Golden Boy comple
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16 Underneath the Golden Boy scanda
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18 Underneath the Golden Boy might
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20 Underneath the Golden Boy of che
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24 Underneath the Golden Boy though
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26 Underneath the Golden Boy public
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28 Underneath the Golden Boy Simila
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30 Underneath the Golden Boy III. A
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32 Underneath the Golden Boy Cabine
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34 Underneath the Golden Boy with i
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36 Underneath the Golden Boy A. The
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38 Underneath the Golden Boy D. Inc
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40 Underneath the Golden Boy the sc
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42 Underneath the Golden Boy It fol
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44 Underneath the Golden Boy its pl
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46 Underneath the Golden Boy Minist
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Employment Standards that Work for
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I. lN1RODUCTION We commend the Mani
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• The need for employment equity
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The Supreme Court of Canada has sai
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To be clear, those most in need of
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When asked about their decision to
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dealing with inequality of bargaini
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.c.mptoyment .)Umaaras mat worK. JO
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Averaging agreements are often soug
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B. Exclusions from the Code The Dis
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a 1995 employment standards decisio
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unjustified breach of the agricultu
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other important matters relating to
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entitled to at least one week per y
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that such deductions can never be p
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that their initial experiences with
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A growing portion of the labour for
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Response to Consultation Paper on F
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protects individuals, already has a
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Pizza Ltd., 18 demonstrated that fr
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assets are often at risk through th
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over its investment as the determin
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no later than 60 days after receivi
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franchisee's decision to purchase w
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franchisor's legal history. However
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------------------ ·---- the other
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time, including a wrap will allow f
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during and after the term of this a
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selection documents from the defini
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Section 11 of the Regulations Made
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itter experience for all concerned.
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This decision is of particular impo
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A right of action should also be gr
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easonable time to remedy the breach
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different renewal provisions in sev
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Iowa and allow non renewal only whe
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training; (3) the section in a subs
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Although implementing a regulatory
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contains numerous lawsuits commence
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agreement was that disputes should
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in the regulations, the ULCC create
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for appointing the mediator; place
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Disclosure)2000, P.E.I!sFranchises
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In contrast to all Canadian franchi
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adopting franchise legislation, Man
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Manitoba should require a tran.clh,
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5. Exemptions: • Is the ability t
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1-'1--'1- Underneath the uolden boy
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146 Underneath the Golden Boy II. B
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148 Underneath the Golden Boy enact
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150 Underneath the Golden Boy that
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152 Underneath the Golden Boy even
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154 Underneath the Golden Boy weari
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156 Underneath the Golden Boy has f
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158 Underneath the Golden Boy and C
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And Justice for All-Bill 47, The Le
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law. In principle legal aid dates b
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such groups. 18 After the opening o
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addressed the cutbacks that had bee
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incorporating greater detail into h
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:t HC LtgUl UU ;JC I V'CtJ ;JOC LJ
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4. Legal Aid Lawyers' Association -
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The committee examined and passed e
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implementation of a change and/or a
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Mr. Currie has concluded that quali
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Bill 34, The Highway Traffic Amendm
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(a) a person's death is alleged to
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suspended for one year after the fi
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from Manitoba Justice's Policy, Dev
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.1. ne rugnway L TU.JJlC .n.rnenu.m
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1ne ntgnway 1 TaJJlC fi.menament r\
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provide advice for separated or div
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leads one to think that the primary
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A Prescription in the Public Intere
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people who would advance therapies
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or prevailing practice. The likely
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III. PRACTICAL CONSEQUENCES OF BILL
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treat someone with bipolar depressi
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1ne LVtemcm 1"\.menamem; 1"\.cr LU1
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several personal accounts of succes
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V. CRITIQUES OF BILL 207 Finding ef
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stresses that the College has two p
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Page 223 and 224: Appendix: Private Members' Public B
Page 225: Table 2:Sponsors, Titles and Passag
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Page 257 and 258: Bill 7, The Architects and Engineer
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Page 267 and 268: The proposed change from < supervis
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Page 277 and 278: Bill 207, The Personal Information
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Page 281 and 282: C. History in the Legislature The b
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Page 293 and 294: that time. 91 The review process is
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AppendixC Bills Passed in the 5th S
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Bill No. Tidel Sponsor Type Note£1
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Bill Tide 1 Sponsor Type Note" H.B.
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Bill Tide'- Sponsor Type Noteif H.B
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Bill Tide 1 Sponsor Type Noted - H.
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Dlll !ttle' Sponsor Type Note& H.B!
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