On March 20, 2006, the Association of Professional Engineers of Ontario (PEO) filed a Notice of Application with the Divisional Court seeking to question the application of Building Code qualification and registration amendments as they apply to professional engineers. These amendments arose from changes to the Building Code Act, 1992 set out in Bill 124 which received Royal Assent in 2002.
On October 4, 2006, the Divisional Court granted the Ontario Association of Architects (OAA) permission to intervene as an added party in the PEO Judicial Review Application. MAH did not oppose OAA's request to intervene.
On October 26 and 27, 2006, the Court heard arguments from PEO, OAA and the Province and reserved its decision. On May 17, 2007 the Divisional Court released its decision on the application.
The government has decided to not appeal the decision of the court.
The Ministry intends to work with stakeholders including engineers, architects and building officials to monitor the implications of the court’s decision on the administration and enforcement of the Building Code Act, 1992 and the Building Code.