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Costa advised that he no longer wished to occupy his role as president. The emergency meeting took place at the defendant’s (MTCC 1292’s) premises.

At the emergency meeting, the plaintiff and Mr. Da Costa entered into a heated argument, which led Mr. Da Costa to “lose it” and strike the plaintiff on the head with a chair. Mr. Da Costa was charged by the police and received a conditional discharge for assault with a weapon. iff commen The plaintiff commenced a civil action against Mr. Da Costa fo for his use of force as well as MTCC TCC 1292 for fo failing to ensure her safety and nd failing to employ security meet measures at board meetings.

MTCC 1292 brought a motion summary judgment otion for su to dismiss the plaintiff’s plaintiff’ claim against it nly opposed by Mr. Da Costa which was only given his crossclaim MTCC 1292 ossclaim against ag on and indemnity. inde for contribution

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their premises reasonably safe for those who enter it. But what about when an individual commits assault while at one of these meetings? Should the occupier or organizer of the

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In Omotayo v. Da Costa, 2018, the defendant occupier, Metro Toronto Condominium Corporation 1292 (MTCC 1292), was successful in dismissing the plaintiff’s claim and the assailant’s crossclaim when a member in attendance at a condominium board meeting struck another meeting attendee with a chair.

Justice Nishikawa found that the duty the condominium corporation owed to the plaintiff did not include preventing an assault that occurred during their condominium board meeting.

Facts of the case T he plaintif f, J ac queline O mot ayo, was a resident and former chair of the condominium corporation. The defendant, Jose Da Costa, was also a resident and former president of the condominium corporation. An emergency board meeting was held on Oct. 4, 2011, to discuss the future organization of the board as Ms. Omotayo had recently been removed from her position as chair and Mr. Da

By Steven Chester

SERVING THE FACILIT Y CLE ANING & MAINTENANCE INDUSTRY

Let’s face it, we all want our businesses to be social media rock stars, and we know it ain’t easy.

It’s becoming more prevalent that some of the most popular social media platforms have been infiltrated by those who game the system.

This includes those that buy fake followers and “likes” in order to create the illusion that their social media profile is more popular than it is.

These fake followers are predominantly bots – accounts run by software designed to look and act like real people.

APRIL/MAY 2017

New services are also popping up that allow authentic social media accounts to become part of the bot game. By signing up for the service, the user authorizes their account to automatically like, follow and randomly comment on other users’ posts, and in turn they trade that fake engagement with other users. Sound harmless enough? The thing is you have no say in in the message your account is spreading or where it ends up.

CARING FOR FRAGILE FLOORS

Summary judgment motion udgment m positi MTCC took the position that its duty w is confined confine to the physical under the law condition of the premises premise and foreseeable e unforese risks, not the unforeseeable conduct of individuals in attendan attendance. Meanwhile, Mr. Da Costa that MTCC 1292’s a argued th s to having rules of conduct duty extends s, policies re for meetings, relating to abusive l an gu a g e, thre at s aan d intimid atin g d a duty to h behavior, and hire and supervise competent professional professionals to oversee its luding, if appropriate, ap business (including, security Cos further argued personnel). Mr. Da Costa ult was foreseeable fore that the assault given the M quarrelsome nature of MTCC 1292’s board nd a prior unrelated u meetings and incident involving the plaintiff and another member of MTCC 1292 wherein the police was 292 wherei called. ng her dec In reaching decision, Justice Nishikawa looked Coleiro v. Premier ooked to C s where summary sum Fitness Clubs judgment d in favour of the defendant was granted

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Ask yourself this: What’s more important, having 50,000 cosmetic followers, or having

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COMMON CARPET As a consumer, it’s even simpler, as PROBLEMS deceptive tactics are easy to spot. If you’re using underhanded methods to promote your business, this can be viewed as a reflection of your product or service. Your integrity is at stake.

This is one of the more complex topics that can’t be fully covered in this space. As always, I invite you to stay social and continue the conversation on Twitter at @Chestergosocial where I’ll share a link to the full article.

SCENT OF

SUCCESS Steven Chester is the Digital Media Director of MediaEdge Communications. With 15 years’ experience in cross-platform communications, Steven helps companies expand their reach through social media and other digital initiatives. To contact him directly, email gosocial@mediaedge.ca.

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TABLE OF CONTENTS

CONTENTS 8

10

COVER STORY

05

EVOLVING MARKET OVERSIGHT Formal mandate to foster capital formation and competition proposed for Ontario Securities Commission

14 IN THIS ISSUE

08

ACCESS AND PROCESS Ontario promises to update rules and add online administration options

10

SUMMER SPIKES SURPRISE IESO Heatwaves and work-from-home labour force drive peak electricity demand upward

14

RESPONDING IN A HEARTBEAT Ontario introduces new requirements for automated external defibrillators

“THERE IS A GREEN INDUSTRY RECOVERY THAT IS TAKING OFF GLOBALLY. ONTARIO AND TORONTO NEED TO GET THEIR PIECE OF THAT.” –SAAD RAFI, SENIOR ADVISOR TO THE CITY OF TORONTO’S OFFICE OF RECOVERY AND REBUILD

INVESTMENT

EVOLVING

MARKET OVERSIGHT Formal mandate to foster capital formation and competition proposed for Ontario Securities Commission

BY BARBARA CARSS

P

roposals to ease some of the rigidly prescriptive oversight of Ontario capital markets while strengthening punitive mechanisms have garnered positive response from connected players who issue, underwrite, deal in and advise investors on publicly traded securities. Members of the provincially appointed Capital

Markets Modernization Taskforce are now assessing feedback on 47 policy proposals they released for public consideration this summer. That will inform a final report and recommendations to be submitted to Ontario’s Minister of Finance later this year.

Panellists participating in a recent webinar sponsored by the NEO exchange mostly

weighed in with praise for the measures outlined in the interim document. Although the hour-long discussion was necessarily scoped to a few key themes, there was general consensus the five-member taskforce has delivered a proposed strategy consistent with its instructions to identify regulatory improvements that can foster www.REMInetwork.com

5

INVESTMENT

“WE ARE GENERALLY IN FAVOUR OF BETTER OVERSIGHT OF PROXY ADVISORY FIRMS. SOME OF OUR MEMBERS HAVE FOUND THEM INACCESSIBLE AND, IN SOME CASES, UNINFORMED RELEVANT TO A SPECIFIC COMPANY OR REIT.” innovation, provide more balanced access for large and small players and serve investors’ best interests.

Taskforce member Cindy Tripp — founding partner and Co-head, Institutional Trading, with GMP Securities LP — was also on hand to outline the premise of various proposed measures intended to support issuers, streamline administrative processes, scrutinize the banks’ substantive and expanding position, and give regulators sufficient clout to effectively police miscreants.

“How do we get vibrant capital markets?

There are three things that, for me, are critical: competition, innovation and transparency,” asserted Jos Schmitt, NEO Chief Executive Officer and President. “I really like the term ‘investor confidence’ versus ‘investor protection’— that’s less rules, more principlebased organizational transparency.”

The taskforce suggests the Ontario Securities Commission (OSC) should adopt a formal mandate to foster capital formation and competition — an agenda that’s already enshrined for securities regulators in the United Kingdom, Australia and Singapore — in order to pursue those objectives. That would provide an explicit premise to tackle the obstructions market players encounter, whether that be fees or anti-competitive behaviour.

“The aim of this change is to, institutionally and culturally, supplement the policing function of the primary regulator with a public policy imperative of growing the capital markets in Ontario,” the first of the 47 proposals states.

From there, they address a range of issues that are likely to be of interest to listed real estate entities and their investors, as well as start-up ventures and other publicly traded service providers to the commercial real estate industry. That includes: steps to reduce administrative burden and costs; efforts to help start-ups and small companies gain improved access to capital; safeguards for the quality and independence of investment

6

GTA & BEYOND

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advice; and proactive support for diversity, environmental, social and governance (ESG) information and open data. A new disclosure requirement for some institutional investors is also contemplated.

“We have certainly been watching and reviewing the taskforce proposals,” affirms Michael Brooks, Chief Executive Officer of REALPAC, which counts both public real estate companies and institutional investors among its membership. “We have been discussing many of the same issues with our public company chief financial officers for, in some cases, many years.”

INTERACTION WITH INVESTORS Looking at issuers’ outreach to potential investors, the taskforce proposes an alternative model that would allow qualifying issuers to offer tradeable securities based on a short offering document and their continuous disclosure record rather than filing a prospectus. That would be subject to an annual limit and other compliance conditions. The taskforce also proposes giving issuers increased flexibility to gauge institutional investors’ interest prior to filing a preliminary prospectus, Other suggested streamlining measures include: recognition that “access equals delivery” so that materials such a prospectuses could be made available through digital channels; eliminating redundant reporting requirements; and introducing a “well-known seasoned issuer” category, mirroring the designation in the United States, which reduces required compliance steps for issuers that meet certain conditions.

Brooks predicts financial officers with real estate investment trusts (REITs) will be particularly pleased with the proposal to reduce quarterly reporting of financial results and accompanying management discussion and analysis (MD&A) to a semi-annual exercise. He estimates each review accounts for 1 to 1.5% of externally managed REITs’

annual general and administrative costs or 2 to 3% of those costs for internally managed REITs, equating to $160,000 to $460,000 per quarter depending on the complexity of the business.

“We feel that quarterly reporting is inconsistent with the long-term nature of commercial real estate,” Brooks submits.

“Given the obligation to report to the market about material changes, we feel that the market is well notified on a real-time basis on what’s happening in each issuer’s business.”

Similarly, he suggests a proposal for enhanced scrutiny of proxy advisory firms could achieve more nuanced readings of how real estate differs from other asset classes.

Although the taskforce notes that proxy advisory firms (PAF) serve an important role in analyzing proxy materials and making voting recommendations to investors, it proposes that: issuers be given an opportunity to rebut PAF guidance to voters; and PAFs be prohibited from serving as consultants to both issuers and voters on the same matter.

“We are generally in favour of better oversight of proxy advisory firms. Some of our members have found them inaccessible and, in some cases, uninformed relevant to a specific company or REIT,” Brooks reports.

“For example, we have engaged with one proxy advisory firm about their foray into ESG evaluation of firms, where they seem to have little understanding of real estate and are applying a generic business template to real estate operations rather than a industry lens like GRESB.” The proposal to compel TSX-listed companies to disclose ESG information that is compliant with either the Taskforce on Climate-related Financial Disclosures (TCFD) or the Sustainability Accounting Board Standards (SABS) potentially gives even more weight to those concerns.

The taskforce proposes shareholders be required to disclose their ownership stake once it reaches 5% of the issuer’s voting securities — a lowering of the threshold from the current 10%, which would harmonize with rules in the United States and the United Kingdom. Also in keeping with U.S. practices, it is proposed that institutional investors with holdings surpassing a specified dollarvalue threshold in Canadian securities with a specified market cap would have to disclose that information quarterly.

“Because institutional investors are generally not required to disclose their holdings unless they cross the 10%

INVESTMENT reporting threshold, issuers and other market participants may not have adequate transparency into institutional investors’ ownership positions. The lack of transparency hinders shareholder engagement and the ability for issuers to respond to shareholder concerns,” the taskforce reasons.

PRESCRIPTION & ENFORCEMENT Among the dozens of taskforce proposals, Brooks also sees a push for diversity as in accord with REALPAC’s priorities. “This is something that our industry as a whole needs to embrace at every level,” he maintains.

The taskforce notes that little discernible change has occurred since the “comply or explain” model was adopted in 2014 and suggests other levers are needed to increase the presence of women, Black, Indigenous and people of colour in executive ranks and boards of directors. Along with targets and timelines for achieving them, the taskforce proposes TSX-listed companies be required to develop and adopt a written policy outlining how such candidates will be identified and put forward.

It also proposes a 10-year maximum tenure for directors, albeit with the allowance for up

to 10% of the board to serve an additional two years.

“This is aimed to encourage an appropriate level of board renewal,” the taskforce states.

“The issue of board entrenchment and board renewal is a concern from a governance perspective as continued refreshment of the board helps to ensure that fresh and diverse perspectives and skills are brought into the boardroom.”

REALPAC’s endorsement contrasts with tenor of the recent panel discussion that the NEO exchange sponsored. Drawing on backgrounds in investment banking, products and advisory, panellists generally expressed support for diversity, but argued against attempts to promote it via regulation.

“I am all for diversity. I don’t think there’s a boardroom in this country that doesn’t think about it, doesn’t talk about it,” said Sheila Murray, a Corporate Director and former president of CI Financial. “Board renewal takes time. I don’t think we will achieve that objective through a sledgehammer approach.”

“What does this have to do with securities regulation?” queried Rob Wildeboer, Executive Chairman and Co-founder of

Martinrea International and Counsel to Wildeboer Dellelce LLP, a firm specializing in corporate, securities and tax law. “I don’t think it should be a regulation from the securities commission.”

“I think we are simply asking the question: Is it time to move past ‘comply or explain’?” taskforce member Cindy Tripp observed.

“What’s the next step from ‘comply or explain’ if you don’t want hard targets?”

In contrast, panellists were highly supportive of the package of proposals related to enforcement — even suggesting that a contemplated fivefold increase in the maximum administrative penalty, taking it to $5 million, is still somewhat modest.

The taskforce also proposes the OSC be given authority to freeze or seize offenders’ properties and that they be prohibited from renewing their driver’s licenses or automotive license plates while penalties are still owing.

“I am a big believer in principle-based regulation and it comes with the ability of the regulator to step in, and step in, in a big way,” Schmitt reiterated. “I see a lot of recommendations that align with that. There are quite a few good ideas that will make the regulator stronger.” ■

www.REMInetwork.com

7

ACCESS AND PROCESS Ontario promises to update rules and add online administration options

A

recycled title adorns a fresh package of Ontario government regulatory adjustments, framed as red tape reduction. Bill 213, the Better for People, Smarter for Business Act, 2020, introduced in the provincial legislature earlier this fall, is an omnibus effort to amend more than two dozen statutes.

As with the identically dubbed 2019 iteration of the legislation, which received royal assent last December, it comes in tandem with announced plans to revise or repeal numerous regulations under these and various other Acts. This can be done simply on Ministers’ authority without need for approval in the legislative assembly.

“The pandemic reinforces the urgency of our work to modernize regulations, take processes online and tackle obstacles to growth and success,” maintains Prabmeet Sarkaria, Ontario’s Associate Minister of Small Business and Red Tape Reduction.

A few of the proposed statutory amendments — including allowance for

8

GTA & BEYOND

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OCTOBER 2020

PROPOSED AMENDMENTS TO THE FORFEITED CORPORATE PROPERTY ACT WOULD GIVE THE MINISTER OF GOVERNMENT AND CONSUMER AFFAIRS AUTHORITY TO DISLODGE INVALID OCCUPANTS FROM COMMERCIAL PREMISES OR TO TRANSFER TITLES WHOLLY TO CO-OWNERS. changes to the governance proceedings of private corporations — are likely to have some, albeit limited bearing for the commercial real estate and/or development sectors. Hinted but yet-to-be-detailed updates to regulations appear to have a broader range of potential

implications for developers, building owners/ managers and their service providers, as well as municipalities and other public sector entities.

That includes promised steps to: ensure consumers’ access to energy-use data; update

REGULATORY UPDATE

rules related to brownfield redevelopment; quash incompatible land uses near existing industrial sites and operations that produce noise and/or odours; reduce the requirements for traffic studies for proposed developments; and extend intervals for registering in-house security guards. There is also an emphasis on replacing paper-based administrative processes with online digital alternatives.

“By making it easier for people and businesses to interact with government, we are delivering on our commitment of building simpler, faster, better services in Ontario,” submits Peter Bethlenfalvy, President of the Ontario Treasury Board.

STATUTORY AMENDMENTS A proposed amendment to the Business Corporations Act would remove restrictions on the composition of boards of directors, eliminating the current requirement that at least 25% be residents of Canada.

“Canadian director residency requirements discourage businesses from incorporating in Ontario in favour of other provinces.

This change will allow Ontario to better compete both nationally and internationally as a home for business headquarters,” the government’s accompanying background document reasons.

Other proposed amendments would loosen requirements for when shareholders’ meetings must be called for private corporations. A separate review of the regulation of Ontario’s capital markets, including various board functions and practices for publicly traded companies, is also in progress. (See story, page 5) Currently, the Business Corporations Act allows for shareholders to pass a written resolution in lieu of a meeting if they unanimously agree. The proposed amendments would lower that threshold to a simple majority of shareholders, and also open the ability for that majority to remove a director or auditor via written resolutions rather than through a meeting.

Proposed amendments to the Forfeited Corporate Property Act would give the Minister of Government and Consumer Affairs authority to dislodge invalid occupants from commercial premises or to transfer titles wholly to co-owners. As outlined in the amendments, the Minister would be able to enter into agreements for the disposition or management of forfeited properties, and could enforce the removal of any occupants and contents from a forfeited property, not just the forfeiter and his/her belongings.

The amendments also clarify that vesting orders, which the courts can use to transfer ownership of land to another entity, will not be granted if the corporate property in question has been forfeited due to debt or other legal circumstances. In its accompanying overview of proposed legislation, the government suggests this “would help get forfeited corporate properties back into productive use for the community more quickly and efficiently”.

The provincial government would also issue a blanket exemption from municipal development charges for all universities to which it provides operating funds via the proposed amendment to the Ministry of Training, Colleges and Universities Act. Until now, under Ontario’s Development Charges Act, exemptions have been left to municipal discretion.

“The proposed changes would provide development charge exemptions for all publicly assisted universities to provide for the same treatment in regard to new developments,” the government backgrounder states.

REVISIONS TO REGULATIONS As proposed, electrical and gas utilities would be required to make consumption

data available via the Green Button Connect My Data and Download My Data standards so that customers with metered accounts can monitor their usage in real-time on their smartphones or other devices.

The previous provincial government also tried to invoke this requirement through proposed amendments to its Green Energy Act, but the parliamentary session ended before the legislation could be enacted and the current government repealed the Green Energy Act in the fall of 2018. It now suggests the proposed mandate for utilities would both prompt energy and cost-saving behaviour and supply information that consumers are entitled to have.

“Research shows household energy efficiency savings from real-time data can be as high as 12%,” the government’s backgrounder states. “A modern Ontario that works better for people, smarter for business includes ensuring that Ontarians, rather than just their utility, have access to their own energy-use data.”

Of interest to developers, the same document spells out the government’s agenda and presumed pending new regulations related to: • modifying excess soil storage requirements and creating standard rules for processing excess soil for resale as a garden product; • reviewing processes and providing new and updated guidance to better clarify rules for property owners and municipalities that want to redevelop and revitalize historically contaminated lands; and • updating its land use compatibility planning guidelines to help municipalities prevent new residences or other incompatible land uses from being approved near sites and industries that may create noise or odour impacts.

Building owners/managers or condominium corporations with in-house security staff are also promised a nominal cost saving and offloading of administrative burden when the requirement to re-register annually with Ontario’s Ministry of the Solicitor General is stretched to a three-year interval.

“The registered employer’s annual cost of registration will effectively be reduced from $80 to $27,” the government’s backgrounder confirms. ■ www.REMInetwork.com

9

SUMMER SPIKES

SURPRISE IESO Heatwaves and work-from-home labour force drive peak electricity demand upward

BY BARBARA CARSS

F

lattening the curve pushed up the peaks in Ontario’s electricity system this summer. After scrambling to recalibrate their models to the dramatic drop in demand in the early days of COVID-19-related shutdowns, analysts with the Independent Electricity System Operator (IESO) faced more uncharted territory when the seasons changed.

“We got caught off guard by the heat.

Particularly, we were not ready for the amount of air-conditioning load that we would see,” Chuck Farmer, Senior Director of power

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GTA & BEYOND

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OCTOBER 2020

system planning with the IESO, acknowledged during a recent webinar sponsored by Ryerson University’s Centre for Urban Energy.

Province-wide, the average weekday peak demand was 7% higher in July and 10% higher in August than during recent pre-pandemic summers, even while average daily energy consumption remained relatively stable for the two eras.

Farmer attributes that to a significant spike in residential demand and the temporary suspension of the Industrial Conservation

Initiative (ICI), which halted 1,000 to 1,200 megawatts (MW) of energy load curtailment during peak demand periods. Together, those factors upended assumptions that peaks would remain relatively consistent as consumption shifted from the commercial/ industrial sector to residential households.

“The reality is, with the number of people at home and the nature of the weather that we got, the peaks started to go well above where we expected them to be,” he said. “We actually saw a peak demand on the system

ENERGY MANAGEMENT

LIFESTYLE CHANGES IESO analysts conclude temporary lifting of time-of-use (TOU) electricity rates, beginning on March 24, contributed little to increased residential consumption. The upheaval of taking end-users out of workplaces and schools and confining them in their homes for the entire day is presumed to far outweigh the pull of a perceived discount on power use.

“The data on the peak reductions related to time-of-use is not very strong so we don’t have a lot of information,” Farmer said. “Our sense is that this particular change, while there would have been impact, got lost in the bigger impact of the changed lifestyle patterns.”

System-wide, the data does show a substantial drop in weekday peak demand in April — down 13% compared to the prepandemic period — when regulated price plan (RPP) customers were paying the offpeak rate of 10.1 cents per kilowatt-hour (kWh), versus the jump in peak demand after the RPP rate was increased to 12.8 cents/kWh on June 1.

Rafi foresees cost will be burdensome for some apartment and condominium dwellers, especially as they are expected to catch up with payments — rent, mortgage, property tax — that were deferred in the grips of the lockdown.

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that was higher than we had seen since 2013.”

Yet, he stresses there was little threat of blackouts or brownouts — reassurance that Ministry of Energy officials sought before adjusting the ICI program rules.

“We determined there would not be a reliability concern,” Farmer confirmed. “There hasn’t really been any issue in supplying this changed demand.”

Accordingly, in addressing the webinar topic, Power Through the Pandemic, he and co-presenter Saad Rafi, Senior Advisor to the City of Toronto’s Office of Recovery and Rebuild, focused largely on pressures on electricity consumers rather than supply and distribution.

Before musing on the energy-use implications of a financial, professional and information services workforce still predominantly ensconced in home offices, Rafi tallied a number of health and economic risks that are intensified for frontline workers, members of multi-generational and/or crowded households and those who have no housing.

“This pandemic has exacerbated conditions for people who can’t be (working) at home,” he asserted. “We need to address that going forward.”

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The Independent Electricity System Operator has released the final design for a pending $5-million pilot to procure 13 megawatts (MW) of permanent demand reduction through a competitive bid process. Prospective participants in the energy efficiency auction will be invited to submit pledged energy efficiency capacity and an associated price per kilowatt-hour (kWH). This will be scoped to two separate seasonal periods: Nov. 1, 2022 to Feb. 28, 2023; and June 1 to Aug. 31, 2023.

The auction is set for March 2021. Selected bidders will have to meet rigorous measurement and verification standards, and the IESO will render the capacity payments only after it’s proven they have achieved targeted energy savings during the designated periods.

The pilot is intended to assess how well and/or how willing various sectors are positioned to participate, and whether the price-point for energy efficiency could be lowered through a competitive process. Large customers, gas and electricity utilities, energy efficiency program delivery consultants, demand response aggregators and energy services companies are tagged as the most likely participants.

That would capture players in the commercial and institutional real estate sectors, along with the local distribution companies (LDCs) that drove conservation and demand management (CDM) efforts under the previous provincial government’s tenure. During the now-completed consultation process for the next four-year round of Ontario’s CDM programs, scheduled to begin in January 2021, the Ministry of Energy pointed to the pilot auction as a separate, but complementary effort.

“The results of this pilot are intended to be used to help inform future opportunities for CDM to cost-effectively meet system needs through competitive mechanisms,” the proposed 2021-24 CDM framework reiterated.

The pilot’s scheduling also aligns with the forecast for an uptick in energy demand and an expected increase in CDM investments in 2023-24. However, large customers participating in the energy efficiency auction will be ineligible for other provincially funded incentives that would contribute to the delivery of their energy efficiency capacity. They would still qualify for the Industrial Conservation Initiative program.

Given the scoped period and the $5 million cap on funds available through the pilot auction, most electricity consumers will continue to look to conventional energy efficiency incentives, at least for the duration of the next CDM framework.

For more information about the energy efficiency auction, see the Independent Electricity System Operator website at www.ieso.ca/ Sector-Participants/Engagement-Initiatives/Engagements/EnergyEfficiency-Auction-Pilot “I think it stands to reason, if you look at the socio-economic makeup of renters and the affordability of that rental stock, that food, energy and other staples play a large part in those household expenses,” he said.

“If your income is impacted, if not lost, and your building is somewhat inefficient, at best, if there is a postponement of payment, it doesn’t

ENERGY MANAGEMENT

matter because these bills will still come back to be paid.”

Looking at contemplated investments to counter COVID-19’s economic hit and spur renewed growth, Toronto’s tower renewal project, focused on revitalizing aging apartment buildings, could be well placed to capture stimulus funds from upper levels of government since the program framework is already in place and it meets criteria to create jobs, improve people lives and reduce greenhouse gas emissions.

“There is a green industry recovery that is taking off globally. Ontario and Toronto need to get their piece of that,” Rafi observed.

“We’ve talked about residential tower renewal as a great opportunity for efficiency gains.”

He also prioritizes retraining, skills development, improving digital access for underserved segments of the population, and other investments in the public realm with public transit, affordable housing and affordable childcare ranking high on the list.

“Addressing what people call the social determinants of health will drive down costs in other areas and have a clear ROI, and

will increase growth and prosperity for the province and the country,” Rafi maintained.

CONSISTENT PRIORITIES Perhaps evident in this summer’s “disconnect” between energy consumption and peak demand, Farmer calls for more research on energy end-use and behavioural influences.

“I think our understanding of how people use energy on the other side of the meter is quite weak, and also of how they intend to use energy,” he observes.

In contrast to those less precise factors, smart meter technology and real-time data proved integral to responding to COVID-19’s new playbook.

“In terms of operating the system, as our models went sideways, we had a very good team that worked on analysis,” Farmer recounted. “Access to data, for us, was extremely important. We have a smart meter entity that takes in all of the meter data, and we were able to get access to that, see what was happening and be able pick it apart. That helped us build our models back up as the economy began to reopen.”

Given that this summer’s confluence of

intense heat and an at-home workforce may not be a one-off scenario, distributed generation and energy storage offer a sustainable means to meet the peaks and avoid more capital-intensive investments in other types of generating capacity. Farmer underscores IESO priorities to better integrate distributed generation into the grid and provide other supports for both developers and adopters — and reiterates that those priorities predate the pandemic.

“We are going where we have always been trying to go, which is to have an affordable and reliable electricity system,” he submitted. “I don’t think the pandemic has really altered that focus or that direction. It will change the size and the timing of some of the needs we had seen on the system, but, in general, the direction is still the same. We are in the process of refurbishing our nuclear fleet to give us a very clean backbone of energy production; we continue to develop mechanisms to add new resources to the system; we continue to work closely with communities, our local distribution company partners, Hydro One and transmitters to do local reliability ” ■

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13

HEALTH & SAFETY

RESPONDING IN

A HEARTBEAT Ontario introduces new requirements for automated external defibrillators

BY MARTIN ANDREWS

O

ntario’s new Defibrillator Registration and Public Access Act received royal assent in June, 2020, enjoying remarkably swift passage for both a private member’s bill and one caught up in the COVID-19-prompted shutdown of the legislative assembly this spring. However, the Act’s universally supported intent — saving lives — helps to explain those rare circumstances.

The Ministry of Health is now developing the regulations that will contain the detailed requirements for complying with and enforcing the legislation. Those will spell out the premises where automated external defibrillators (AEDs) must be installed, including specified locations within those buildings. That will also come with requirements for: accompanying signage; maintenance and testing; on-site personnel trained to use the equipment; and registration of all AEDs with 911 emergency response services.

On average, there are currently more than 40,000 deaths due to sudden cardiac

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arrest in Canada every year. Where AEDs are available, there is a demonstrated 75% survival rate from cardiac arrest compared to just 5% when CPR alone is performed.

Although many public buildings already have AEDs, the new legislation will ensure there is a sufficient number for the building’s population and daily traffic, and that it is easy for any potential user to find them. The registration requirement will further enable 911 dispatchers to guide first aid providers to the nearest device.

The Heart and Stroke Foundation affirms that survival rates are best when defibrillation occurs within three minutes of cardiac arrest.

After the three-minute mark, the brain begins to die due to lack of oxygen and the chance of survival diminishes by 10% with each passing minute.

Any passerby should be able to successfully use an AED, but wider availability of formal training is expected to increase the general public’s confidence and speed to respond when emergency situations occur.

Advancements in AED technology also

provide more reassurance to trained and untrained users alike.

Some newer units provide real-time CPR feedback to tell rescuers if they are administering CPR correctly or to instruct them differently. Some units can also be programmed to resuscitate either an adult or a child with the push of a button.

Building owners/managers are also paying less for more proficient devices. Like many technologies, per-unit cost has fallen in step with product innovation and growing market demand. Most AED units are now priced below $2,000.

The new Act adds to existing Ontario legislation that protects people from liability associated from performing CPR or using an AED, including the Good Samaritan Act and the Chase McEachern Act. ■ ___________________________________________ MARTIN ANDREWS IS PRESIDENT OF VITA FIRST AID, A DISTRIBUTOR OF AUTOMATED EXTERNAL DEFIBRILLATORS. FOR MORE INFORMATION, SEE THE WEBSITE AT HTTPS://AED.CA.

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First, there was a pandemic and we all went home. We didn’t know for how long. A few weeks? A few months? We set up offices in our basement, our spare rooms and sometimes the kitchen table. Zoom became part of our everyday experience and after a while we stopped thinking about the office. We settled in. But you didn’t, you’re still there. You watch over the things we left behind, keeping them secure, keeping them clean. You are building operations, management, security, cleaning, and life safety professionals. And you make sure, no matter what, that we have a safe place to come back to.