Canadian Property Management

F O R B U I L D I N G O W N E R S , A S S E T A N D P R O P E RT Y M A N A G E R S

VOL. 30 NO. 5 • SEPTEMBER 2015

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PROTECTION, MITIGATION + RECOVERY

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editor’snote IN AN ERA WHEN $3 MILLION might buy a couple of bungalows in Vancouver, a similar sized federal/provincial budget allocation does little to underwrite an infrastructure project or social initiative. In the context of government spending, it's the equivalent of dropping coins in one of the donation boxes ubiquitously found at retail checkouts – except, of course, that private citizens generally don't send media advisories to announce their small gestures.

A scan of the "highlights" documents customarily released on budget day will reveal lists of these tiny apportionments, which both federal and provincial governments invariably trumpet as investments in a safe, healthy, clean, technologically savvy, prosperous future. But not one free of marketing, apparently.

Last April's federal budget pledge to build a public safety broadband network is notable for the value of the slice of the 700 megahertz (MHz) spectrum that has now been reserved for emergency responders' exclusive use. This is space that the government could have offered up in 2014's highly successful spectrum auction, which garnered $5.27 billion from the winning commercial licensees.

However, as our lead feature story reports, telecommunications experts project it will take years and billions of dollars before the necessary infrastructure is in place for a public safety network to perform as envisioned. The U.S. government has earmarked $7 billion (CAD $9.24 billion) to forge its planned public safety network, whereas, here, the Canadian government's announced $3-million contribution should help cover some of the costs of the feasibility study.

Elsewhere, our focus on life safety and risk management looks at a larger budget allocation for an important, but much more scoped objective. The Quebec government has promised $70.6 million to subsidize the installation of sprinklers in approximately 1,300 privately owned seniors' residences.

As we report, the Quebec Coroner's recommendation for sprinklers was formerly enshrined in a provincial regulation within days of the release of the report on the inquest into a January 2014 fire that killed 32 elderly residents of a seniors' home – a response so timely it's considered somewhat record-breaking for usually slow-footed regulators. The overall cost of required retrofits has been estimated at $253 million so, in this case, the Quebec government's 28% contribution is more than a token.

Barbara Carss barbc@mediaedge.ca

VOL. 30 NO. 5

SEPTEMBER 2015

Editor-in-Chief Barbara Carss barbc@mediaedge.ca Publisher Sean Foley seanf@mediaedge.ca Contributing Writers Matthew Bradford, Michelle Ervin, Kees Govers, Donny Jackson, Matt Johnson, Demitrius Marshall, Cynthia Sefton Senior Designer Annette Carlucci Wong annettec@mediaedge.ca Designer Jennifer Carter jenc@mediaedge.ca Production Manager Rachel Selbie Ricca rachels@mediaedge.ca Production Coordinator Karlee Roy karleer@mediaedge.ca National Sales Sean Foley seanf@mediaedge.ca

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contents

Focus: Protection, Mitigation & Recovery 10 First Responder Communications: The Canadian and U.S. governments have reserved 20 megahertz of spectrum in the valuable 700 band exclusively for a public safety network.

14 In-Building Emergency Reception: Most incidents happen indoors, making wireless coverage increasingly important for contacting emergency responders and facilitating communication once they're on-site.

19 Riser Room Safety: The hub for building systems is also a wellspring of flammability.

24 Pan Am Lessons and Successes: Toronto's downtown commercial real estate safety partnerships looks back at a smoothly planned event.

26 Rooftop Trespassers: Property managers and condominium corporations grapple with the risks of urban explorers and photographers.

28 Green Roof Risk Management: Good design and vigilant maintenance ensure safety.

30 Seniors & Fire Safety: Quebec Coroner's recommendations emphasize importance of life safety systems, rapid response and efficient evacuation.

33 Ready Restoration: Planning and service agreements are key to quick crisis response.

34 Workplace Due Diligence: Proof of proper training and supervision are essential in a fact-based defence.

Departments 4 Editor’s note

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BOMA Canada honours industry’s best Commercial real estate professionals across Canada gathered for the Building Owners and Managers Association gala on September 17, 2015.

With the federal election fast approaching, party leaders have been busy unveiling plans to tackle what is now readily known as an “affordable housing crisis.”

FROM THE GREEN BIN

Canadian GRESB results lead the larger pack The sustainability benchmark is gaining influence in real estate investment decisions. Despite standout performance, Canadian achievement is somewhat obscured in the bigger picture of the 2015 Global Real Estate Sustainability Benchmark (GRESB) survey.

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BROADBAND SPACE NOW RESERVED FOR PUBLIC SAFETY In-building Service is Linchpin of Envisioned Network

By Barbara Carss

Health & Safety insight at:

10 September 2015 | Canadian Property Management

EMERGENCY RESPONDERS in Canada and the United States have been given exclusive access to 20 megahertz (MHz) of spectrum that formerly carried analog television signals. Their respective governments have also pledged widely divergent levels of funding to kick-start proposed public safety broadband networks: $3 million (USD $2.28 million) in Canada versus $7 billion (CAD $9.24 billion) in the U.S. Nevertheless, stakeholders like the Canadian Interoperability Technology Interest Group (CITIG) – a collaborative effort of the Canadian Association of Chiefs of Police (CACP), the Canadian Association of Fire Chiefs (CAFC) and the Paramedic Chiefs of Canada (PCC) – applauded the official announcement in Canada's 2015 federal budget last April, following years of preparatory

studies and consultation. The money is slated to flow over two years, beginning in the 2016-17 fiscal period, but the promised space in the valuable 700 MHz band is the far greater award.

"This network will significantly contribute towards supporting mission critical emergency communications and interoperability between responders throughout North America," observed Clive Weighill, President of CACP. "We are also highly appreciative of the $3 million investment towards its establishment."

As envisioned, the high-speed mobile network would provide a means for police, fire, emergency medical services (EMS) and other crisis coordination/response agencies to wirelessly communicate, transmit and obtain data via a seamless

protectionmitigation&recovery

“Now we even have fridges that are connected to the internet.

Consumer use of broadband is high. At some point, you do have to separate out public safety and give it sole-purpose access.” with connected radio access for all 56 U.S. states and territories.

connection to a dedicated public safety channel. Currently, these groups use existing commercial networks and a number of different, often incompatible technologies creating scenarios, for example, in which firefighters inside a building can communicate only within the fairly limited range of their land mobile radio (LMR) systems.

Looking south of the border, plans for the ambitious First Responder Network Authority, known as FirstNet, arise from the World Trade Center disaster and subsequent recommendations of the U.S. government's 911 Commission. In 2012, the U.S. Middle Class Tax Relief and Job Creation Act authorized FirstNet's mandate to forge a highspeed, wireless broadband network

VALUABLE SPECTRUM The Canadian and U.S. governments' independent but complementary decisions to designate a portion of the 700 MHz spectrum for public safety makes a certain amount of logistical sense since the recent transition to digital television in both countries – 2011 in Canada; 2009 in the U.S. – had freed up space used for analog transmission in what CITIG terms "a once in a lifetime opportunity." Both countries also doubled their initial allocations of 10 MHz in response to public safety agencies' assertions that 20 MHz of bandwidth was the optimal amount to accommodate system requirements.

"Canadian firefighters, police officers and paramedics must have modern and reliable communications capabilities, including high-speed access to data and video, to communicate with each other across agencies and jurisdictions during emergencies," says Paul Boissonneault, President of the CAFC. Frequencies in the 700 MHz spectrum travel longer distances and penetrate built structures more effectively than signals in higher ranges. Accordingly, space in the spectrum is commercially lucrative. Last year, Canada's spectrum auction for the 700 MHz band raised $5.27 billion from the new licensees, and was also aligned with other government efforts to expand wireless communication service, increase competition and drive down rates for consumers.

"The 700 MHz spectrum is the highest-quality wireless frequency ever auctioned in Canada," Minister of

Industry James Moore noted as he announced the winning bidders in February 2014. "By comparison, the AWS (advanced wireless services) spectrum auction in 2008 raised $4.3 billion."

Yet, while the system platform is inherently valuable, substantial investment will be required to build the network. In first announcing his vision for a wireless innovation and infrastructure initiative in 2011, U.S. President Barack Obama calculated a USD $10.7 billion price tag for the public safety component, including the $3.2 billion value of the spectrum.

FirstNet, an independent government authority, now has a $7-billion budget to construct the public safety network with the expectation that it will leverage existing telecommunications infrastructure and assets where possible and consider opportunities for public-private partnerships.

More than three years after its inception, it is nearing the release of the first Requests for Proposals that will launch the actual network building stage. Once in place, it's envisioned the network would finance itself through the fees its various users – public safety authorities in states and municipalities throughout the country – pay.

BUILD-OUT COSTS & COMPLEXITIES In Canada, it's likewise expected that the new system will employ LTE 4G technology, which is 10 times faster than the highest speed technologies of just a few years ago, and procure commercial sector expertise. For now, though, few details are available.

"The $3 million [budget allotment] is to investigate what it's going to take to build the system," observes Demitrius Marshall, Vice President, Technology Canadian Property Management | September 2015 11

protectionmitigation&recovery and Professional Services, with the telecom infrastructure consulting firm, RYCOM TPM. "That will get the ball rolling, but I don't think anyone knows where the money is going to come from beyond that."

By comparison, he points to estimates circulated in 2013 that it would cost telecom provider Verizon approximately $3 billion to develop mobile phone service infrastructure for a new network

in Canada. (An investment Verizon subsequently opted not to make.)

The economics of connecting a sparse population dispersed over vast distances continues to frustrate the federal government's goal for nationwide rural broadband access, and would no doubt present the same challenge for a public safety network.

In urban areas, emergency responders often have agreements with commercial

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cellular service providers to shut nonemergency calls out of the system during a crisis, but the steady growth in wireless devices creates mounting pressures.

"Now we even have fridges that are connected to the internet. Consumer use of broadband is high," Marshall says. "At some point, you do have to separate out public safety and give it sole-purpose access."

Despite the preferred properties of the 700 MHz band, more transmission/ relay towers will be required to support LTE. "LTE will provide greater broadband capacity at speeds that will allow the streaming of high-definition video and data to significantly help public safety personnel during an emergency, but it requires a denser array of infrastructure to be able to support that," explains M i k e C o l l a d o , Vi c e P r e s i d e n t , Marketing, with SOLiD Corp., a manufacturer of DAS for commercial and public safety applications for buildings and campuses. "The signals used for current public safety LMRs cover more area and better propagate inside buildings. In contrast, LTE requires that you move towers closer to the areas they serve."

Turning to in-building wireless coverage, he points to the possible risks so-called dead zones might pose as building materials often prevent radiofrequencies from penetrating indoors. Upgrades to the distributed antenna systems (DAS) that currently enable service from multiple commercial cellular providers could be required to fulfill public safety specifications.

"You can build a great public safety broadband network outside, but if it doesn't work inside the building where a majority of emergency incidents occur, it misses the mark," Collado says. (See associated story, page 14) Many commercial building owners are already investing in DAS upgrades simply to serve tenants' needs and compete in the market, but, in Canada, an added public safety component is still likely years in the future.

"They are going to have to get buy-in from landlords," Marshall concurs. "If they have to add infrastructure, they are going to need space." zz

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L A N G I S D E R U S AS L A C I T I R C N O I S S I IS M

Wireless Coverage is Frontline of Emergency Communications

By Donny Jackson

DURING THE PAST three decades communications have undergone a rapid transformation that has seen wireless communications evolve from a luxury to a necessity for most of s o c i e t y. To d a y, t h e r e a r e m o r e wireless devices in the market than people on the planet, with many users having more than one device.

Wireless technology – be it Wi-Fi, Bluetooth, cellular or land mobile radio (LMR) – is the method that is used most for both voice and data communications. In a growing 14 September 2015 | Canadian Property Management

number of circumstances, wireless is the only option because wire line service is no longer ubiquitous indoors. In the United States, for example, about 40% of households do not have a wire line phone, according to the Federal Communications Commission (FCC).

Meanwhile, pay phones are becoming as rare as 8-track tapes and VCRs. As a result, wireless connectivity indoors is a must, if only to ensure that people can call for help in case of an emergency – a notion that FCC

recognized when it adopted new 911 rules designed to bolster location accuracy information from wireless devices. It is an imperative.

PROMOTING RECEPTION However, wireless indoor coverage has always been a challenge. Radio signals lose strength as they encounter physical obstacles, whether it is in the form of a mountain, a dense forest or a man-made structure like a h i g h - r i s e o ff i c e b u i l d i n g o r a n apartment complex. Making the

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When first-response efforts have gone awry, communications difficulties almost always are cited as a key contributing factor.

challenge more difficult are advances in the energy efficiency of buildings.

The designs and materials used to keep buildings warm in winter and cool in summer, while using less power, are also significantly more resistant to radio signals. In these energy-efficient buildings, it's no longer realistic to presume that radio signals from an outdoor tower consistently will be able to penetrate inside a building to provide indoor coverage – particularly coverage that does not drain battery life from a device.

A more reliable approach is to design coverage inside a structure. When

designed effectively, an in-building coverage solution will deliver a better radio signal to a wireless device, which typically results in better audio quality for voice applications and longer battery life for the user's device. It also has potential to deliver much better location data from the device, including much-anticipated vertical or "Z axis" information.

From a public safety perspective, good indoor coverage for customers and first responders provides multiple benefits during an emergency response.

Initially, strong commercial indoor coverage lets consumers who are indoors dial 911 to report an emergency via cellular phones – the device that they are most comfortable using – and it should provide better location information in the near future. This can save valuable time in circumstances when seconds can mean the difference between life and death.

Once first responders are on the scene, a good indoor public safety system allows firefighters, law enforcement and EMS to communicate better and more efficiently using LMR voice, today, with the potential to leverage Band 14 LTE and transmit sensor data via myriad technologies in the near future. The data capability includes the ability to track the location of first responders, as well as monitor their health via biometric technologies.

When first-response efforts have gone awry, communications difficulties almost always are cited as a key contributing factor. A facility with good indoor wireless communication coverage for consumers and public safety is inherently safer than those that lack this functionality. Without

good indoor coverage, there likely will be a delay in reporting an emergency situation and the response effort often is delayed, which can lead to property loss, injuries and fatalities.

REWARDING PROACTIVE BUILDING OWNERS This straightforward reality should be reflected in laws and financial issues associated with buildings and other structures. Laws and insurance discounts have long been in place to require or encourage the installation of fire sprinklers – with good reason because such systems can reduce property loss and save lives. (See story, page 30) Given that indoor wireless coverage achieves similar goals in a broader range of cases – fire sprinklers will not help a victim of a heart attack or domestic violence – some safety advocates are calling for similar requirements and incentives for in-building wireless, both for consumers and public safety. Building owners who make the commitment to provide this capability should be rewarded legally and financially for making their facilities safer. Those who do not provide in-building wireless coverage in their facilities should pay higher insurance rates and other costs because their structures simply are not as safe as those with in-building coverage.

Not only are policies associated with in-building coverage important from a safety perspective, they have other implications. With reliable indoor coverage and location capabilities, applications and businesses can be established that leverage this information. In addition, good Canadian Property Management | September 2015 15

protectionmitigation&recovery

Building owners who make the commitment to provide this capability should be rewarded legally and financially for making their facilities safer. in-building coverage helps keep customers happy, which is always good for business.

Meanwhile, if a network provider knows that in-building coverage is available in all facilities, they do not have to spend as much on outdoor macro towers in hopes of having the radio signals from the towers penetrate the buildings to provide indoor coverage. In 2014, officials for Public Safety Communication Research (PSCR) stated that the U.S. FirstNet initiative (see story, page 10) could reduce the number of outdoor sites needed for its much anticipated public

safety broadband network by 14% if indoor coverage was available in all buildings.

Exactly how this should be implemented is a matter that should be a topic of healthy debate, and part of a conversation that needs to happen sooner rather than later. Investments in wireless technologies continue to accelerate, and they can be done much more efficiently if everyone understands the big-picture goals as soon as possible.

For instance, given the 911 lifeline and public safety implications of in-building systems in the foreseeable

future, the core in-building wireless capability should be hardened from a power and physical standpoint for both consumers and public safety. However, various scenarios and cost factors need to be assessed before policies are set – different types of buildings may justify different approaches.

This is just one example of the nuanced technical and policy discussions that should occur in the coming months and years. But the important thing is that these conversations take place so appropriate policies can be established that enable efficient deployment of technologies that will make both consumers and first responders safer in the future. zz Donny Jackson is an editor with Urgent Communications, www.urgentcomm.com.

The preceding article is excerpted from In-building Wireless and Public Safety Imperative, an e-book and discussion paper produced by SOLiD Corporation, a manufacturer of distributed antenna systems (DAS). The complete text can be found at http://www.solid.com/imperative

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CABLING OFFERS TRANSIT FOR SPREADING FIRE Ensure Fire-stopping and Avoid Riser Room Clutter

By Demitrius Marshall WITH THE ADVENT of smart buildings, fibre, copper and network infrastructures are being built within riser rooms (sometimes called service rooms) throughout buildings across the country. Fire safety and security vigilance is important, as these systems support mission-critical building systems such as security, parking and amenity services.

There are a number of potentially

vulnerable areas, not only within the riser rooms, but also in the ceilings and walls of tenant and common spaces.

POTENTIAL HAZARDS Abandoned cabling represents a substantial fire hazard. Firstly, the plastic insulation and jacketing that surrounds the actual copper/fibre cabling provides a travel route for fires that follows the path

of cabling throughout the building – a network that touches every floor and tenant suite. Not only is there concern about how the fire will travel, but the risks associated with the effluent gases that are produced from the cable burning.

Older cabling that wasn’t manufactured using today’s standards can pose an even greater threat.

Improperly installed or missing/ Canadian Property Management | September 2015 19

protectionmitigation&recovery damaged fire-stopping material in floor and wall penetrations within a riser room can also disastrously affect fire spread and flooding. Fire-stopping material is placed around cabling within core holes and wall holes to act as a fire barrier.

However, installations routinely take place in most properties to upgrade existing services or install new ones, meaning that new cabling will be run within a riser room often multiple times within a year.

In some cases, cables are run in sleeves that are already overfilled. These sleeves typically don’t get fire-stopped properly, as there isn’t enough fire-stopping material to expand and close the opening should a fire occur.

At the minimum rating, any firestopping material must provide a twohour barrier, but in some cases, the

trades doing work with the equipment or even in the vicinity. Free-standing floor cabinets should be bolted to the floor to mitigate serious risk during earthquakes or floods.

Smart building infrastructure and active networking gear can generate substantial heat in the rise room so it's important to keep the environment cool.

Removing and avoiding accumulation of debris will help to ensure that the equipment does not overheat. The reliability of this network infrastructure has become critical and in some cases it's part of building life-safety, particularly when building security systems originate in these areas.

MITIGATION & PROTECTION STRATEGIES Abandoned cabling can be audited, removed and/or tagged for future use.

Landlords are advised to ask for photographic documentation of the installation and spot-check work that is being done within their properties. wrong material has been used to fire-stop penetrations. Paired with the presence of abandoned cables, the risk of fire spreading vertically is increased.

Horizontal penetrations (holes in riser room walls) pose the same risk, but instead of the fire running up through the building, it can now run into a common area or tenant space.

Not only does the fire-stopping prevent the spread of fire, it reduces the risk of toxic gases passing into populated office areas and common areas. It also prevents water from finding a way down the riser room system if a flood occurs on an upper level. There have been instances where a flood that could have been contained on one or two floors was able to flow down through the riser rooms, harming building system equipment and, in some cases, tenant equipment.

Improperly mounted building equipment poses another risk since backboards that are mounted with traditional drywall or cement screws can loosen within the wall and eventually fall. This poses a risk to contractors/ 20 September 2015 | Canadian Property Management

Most properties have already removed and tagged abandoned infrastructure, however with new technologies consistently being delivered by telecommunication service providers and tenants requiring more complex services, diligence through yearly reviews should be done.

For properties that do not have an abandoned cabling plan, an audit should be completed with a plan for removal and tagging. In most cases, abandoned cabling can be recycled through waste diversion programs. The properties should ensure that they have documents describing what is needed, what was done, and how to mitigate a recurrence of the problem. During the audits, it is recommended that the fire-stopping be reviewed and replenished where required.

Fire-stopping should be reviewed on a frequency conducive to the amount of telecommunication work that occurs within a property. Landlords must consider that rooftop and neutral host DAS (Distributed Antenna System) installations have an impact on fire-

stopping as well, since they are installed both from the roof down into the property and horizontally into tenant and common area spaces.

It is the responsibility of the contractor/ vendor/tenant doing any work that requires a penetration to replenish the fire-stopping. Landlords are advised to ask for photographic documentation of the installation and spot-check work that is being done within their properties.

Each property or property group should have documented standards for how equipment should be installed within riser rooms. This should include the type of screws that use load distribution washers or a fastening system that employs a load distribution system when utilizing wall spaces.

Where cabinets are being installed, appropriate bolts must be used to affix the cabinets to the floors for stability and safety.

Landlords should review installation documents prior to work commencing.

Where the contractors do not describe how they will mount equipment, the landlord should look for clarification.

Again, asking for photographic documentation of the installation will allow the landlord to review and confirm that standards are being met.

Although building codes and property standards are in place in most cases, the practical reality is that work isn’t always performed appropriately and things can get overlooked. Building personnel may not be able to recognize cabling that has been abandoned or whether or not fire-stopping is acceptable. To trained tradespeople, it often looks like the cabling is live and/or the hole is roughly plugged.

Audits and action plans are important, which may mean getting a specialized contractor involved who understands the service provider's and tenants' infrastructure. Property personnel should be properly trained to recognize signs an installation hasn’t been done properly, and spot-checks should be conducted during mid/large projects that involve telecommunication installations.

Programs that monitor and document contractors' work are also useful. zz Demitrius Marshall is Vice President of Technology and Professional Services with the telecom infrastructure services consultancy, RYCOM TPM. For more information, see the website at www.rycom.ca.

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The Building Owners and Managers Association (BOMA) of Canada is proud to announce the winners of its prestigious 2015 National Awards presented September 17, 2015 at the Fairmont Le Château Frontenac in Québec City.

This year’s event was celebrated in conjunction with the twenty-fifth anniversary of the association’s national conference and exhibition BOMEX® 2015 hosted by BOMA Québec and featured the inaugural presentation of the BOMI Canada Vyetta Sunderland Scholarship Award.

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250,000 - 499,999 SQ. FT. Mississauga Executive Centre 4 Owned by: Desjardins Financial Security Life Assurance Company, AIMCO Realty Investors LP and ONTARI Holdings Ltd.

4 Robert Speck Parkway, Mississauga, ON

Managed by: Colliers International Canada

CORPORATE FACILITY

HISTORICAL BUILDING

RENOVATED BUILDING

iA Financial Group Head Office

111 Richmond Street West

Le 2020 RobertBourassa

Owned by: iA Financial Group

1080 Grande Allee Ouest, Quebec City, QC

Managed by: iA Financial Group

Owned by: Oxford Properties Group and OREC (RAC) Holdings Inc.

111 Richmond Street West, Toronto, ON

Managed by: Oxford Properties Group

HEALTH CARE FACILITY Montreal General Hospital/ McGill University Health Centre

1650 Cedar Avenue, Montreal QC

Owned by: 7565402 Canada Inc.

2020 Robert-Bourassa, Montreal, QC

Managed by: Industrielle Alliance

INDUSTRIAL OFFICE BUILDING Heavy Equipment Transportation Centre

2055 Notre Dame Avenue, Winnipeg, MB

2015 Owned by: Montreal General Hospital/ McGill University Health Centre

2015

Managed by: Montreal General Hospital/ McGill Unviersity Health Centre

Owned by: Red River College

CUSTOMER SERVICE

INNOVATION

Oxford Properties Group

Emergency Response Portal (ERP) Corp.

Royal Bank Plaza (200 Bay Street, South Tower), Toronto, ON

Managed by: Red River College

Montreal, QC

L’Association des propriétaires et gestionnaires d’immeubles du Canada, BOMA Canada, est fière d’annoncer les noms des lauréats du prestigieux concours national Les Prix BOMA 2015, le 17 septembre 2015 au Château Frontenac à Québec. Les lauréats ont été dévoilés dans le cadre de la 25e édition de BOMEX®, le congrès et salon national de BOMA Canada, organisé par BOMA Québec. BOMEX® 2015 comporte de plus la présentation inaugurale de la bourse BOMI Canada Vyetta Sunderland.

500,000 - 1 MILLION SQ. FT.

OVER 1 MILLION SQ. FT.

6880 Financial Drive

6880 Financial Drive, Mississauga, ON

Commerce Court

Owned by: bcIMC Realty Corporation

Managed by: Bentall Kennedy (Canada) LP

RETAIL BUILDING Polo Park Shopping Centre

(21 Melinda Street, 25 King Street West, 30 Wellington Street & 199 Bay Street) Toronto, ON

Owned by: bcIMC Realty Corporation

Managed by: GWL Realty Advisors Inc.

SUBURBAN OFFICE PARK - MID RISE 1485 Portage Avenue, Winnipeg, MB

Centre de la Cité Pointe-Claire

1 avenue Holiday, Pointe-Claire, QC

WINNERS GAGNANTS

This year’s entrants represent the exceptional efforts made by those whose leadership and initiative are the benchmark for the industry.

Winners of the 2015 BOMA Canada National Awards may be eligible to compete in the BOMA International Awards which will be presented at the BOMA International Annual Conference & Expo being held June 28, 2016 in Washington, D.C. Congratulations to our 2015 winners!

Owned by: Ontrea Inc.

Managed by: The Cadillac Fairview Corporation Ltd.

OFFICE

Owned by: Morguard (Holdings) Quebec Ltd.

Managed by: Morguard Investments Limited

RETAIL BUILDING 10025 Jasper Avenue, Edmonton, AB

ATB Place

Owned by: HOOPP Realty Inc./Les Immeubles HOOPP Inc.

Managed by: Triovest Realty Advisors Inc.

1799 avenue PierrePeladeau, Laval, QC

Centropolis

Owned by: FPI Cominar

Managed by: FPI Cominar

Vyetta Sunderland Scholarship Award 2015

PETER MACHARDY PEMAC & Associates

Ladysmith, BC

2015

Daniel Neaves

Project Consultant/ Facilities Management London Health Sciences Centre - Victoria Hospital (London, ON)

The Vyetta Sunderland Scholarship Award was established by BOMI Canada in recognition of its former Chair Vyetta Sunderland and her focus on excellence and lifelong commitment to education.

The scholarship of $2,000 is awarded to a Canadian student who is in pursuit of advancing their property management career or entering the property management field.

www.bomacanada.ca

The inaugural recipient is Daniel Neaves.

Daniel is a Project Consultant | Facilities Management with the London Health Sciences Centre - Victoria Hospital.

protectionmitigation&recovery

GOLD MEDAL PREPAREDNESS Commercial Real Estate Safety Partnership Developed Pan Am Strategy

By Matthew Bradford

24 September 2015 | Canadian Property Management

THE 2015 PAN AM Parapan Am Games swept through Toronto this summer, delivering thousands of athletes, officials and sports fans to the heart of Canada's largest city and its surrounding communities. And while the event gave competitors from across the globe an opportunity to showcase their talents on an international stage, it also presented the downtown commercial real estate community with a chance to put its industry partnerships and preparedness strategies to the test.

“These were the largest multi-sport games in Canada's history, so when we realized the Pan Am Games were coming to Toronto, we immediately began to assess our preparedness to manage situations that could pose security concerns for the properties that we manage, and to review any risks that could impact day-to-day operations and activities for tenants, visitors and our staff,” recalls Brian Claman, Director, National Security & Life Safety with GWL Realty Advisors.

EFFECTIVE COMMUNICATION An important part of making that assessment included collaborating with its network of industry partners including the Commercial Real Estate, Financial District Security Group (CRE-FDSG), and establishing relationships with the Toronto 2015 planning team, the Ministry of Transport and emergency service providers.

Safeguarding tenants and buildings during the Games was a prime focus for Toronto’s downtown property management community – and for good reason. Over and above the typical challenges of staging a large-scale event, security officials were concerned that reactions to the Climate Summit of the Americas, which took place before the Pan Am Games, could mirror in some respects those of the 2010 G20 protests. To address these concerns, the CRE-FDSG met with Toronto police and the Toronto 2015 planning team to make sure that existing security measures, such as the PATHComm communication system, were ready.

“We met with many of the major property owners and managers in the downtown core to go through the possible risks and discuss the capacity of the police to assist with managing any major disruptions,” explains Bill Neadles Superintendent, Unit Commander, Emergency Management & Public Order with Toronto Police Service. “Through these conversations, we were able to get an idea of how each company's specific emergency management plans could protect or enhance their day-to-day operations if there was a protest or security threat in their area.”

For example, GWL Realty Advisors focused on minimizing interruptions to normal business operations for properties within the Pan Am Games' precincts in the context of its existing emergency plan for responding to a range of incidents and major events.

“Because our Enterprise Emergency Management Plan (EEMP) was already in place, we were able to share early insight to assist in developing the citywide plan,” Claman says. “Preparing the plan to keep the city safe involved a lot of communication and planning, but because it was behind the scenes, it was largely invisible to our tenants and the general public.”

Invisible as it was, communication played an important role in keeping downtown landlords engaged and ready to address any security risks that came their way.

“We all know information and effective communication are almost always at the heart of any success story or, conversely, any disaster.

That reality is a fundamental underlying motive to the CRE-FDSG, and we’ve worked hard to ensure our information pipelines remain effective, reliable and sustainable,” says Luciano Cedrone, one of the founding members of the CRE-FDSG.

Speaking to the benefits of including Toronto police in that pipeline, Neadles adds, “Communication between any private sector partner and the police is only seen in a positive light.”

ENSURING BUSINESS AS USUAL While safeguarding the downtown core was a priority, so, too, was ensuring the Games did not impede traffic flow into the city or property managers' ability to keep their buildings running smoothly. “Our tenants were focused on the traffic concerns and the potential impact to building access, specifically when it came to deliveries and employee and client access,” observes Cedrone.

Accordingly, groups like the Ontario Ministry of Transportation's Pan Am Parapan Am Transportation Team solicited input from property management companies to assist in drafting the traffic plan for the games.

“We spoke with thousands of businesses from across the region to help them understand what was to be expected with the Games and give them advice and resources with which they could help plan ahead,” reports Andrew Posluns, Executive Director of the Pan Am Parapan Am Games Branch within the Ministry of Transportation. “By planning ahead, and working with groups like the CRE-FDSG, we wanted to make sure everybody had as much information as possible to help keep their businesses and the city moving.”

“These meetings were useful in helping our partners from outside the property management business to better understand what it takes to operate large office towers in downtown Toronto,” Claman concurs.

“They were able to understand the importance of things such as just-intime deliveries of materials, how tenants got to work or even simple things like how they accessed the parking garages.”

GWL Realty Advisors also established a Pan Am Games communications team to reach out to tenants, clients and employees about both the possible disruptions and the opportunities for fun and celebration the Games might engender.

In retrospect, the Games again reinforced meaningful partnerships between all downtown landlords to maintain the safety and the livelihood of downtown tenants.

“Without these partnerships, we wouldn't have enjoyed the success we did,” Claman says. “Thanks to our combined expertise, we kept our tenants informed and minimized disruptions as much as possible during one of the most exciting events in Toronto's recent history.” zz Canadian Property Management | September 2015 25

protectionmitigation&recovery

DAREDEVIL TRESPASSERS CREATE EDGY SITUATIONS Iconic Buildings Draw Guerrilla Photographers

By Michelle Ervin

26 September 2015 | Canadian Property Management

protectionmitigation&recovery

SECURITY EXPERT David Hyde first encountered urban exploration around a decade ago, when he was working operations, mainly in highrise office buildings. Today, the phenomenon has re-emerged in the form of roof-topping, the perilous act of snapping panoramas from a building’s apex – in some cases, accessed illegally.

“We used to call it urban exploring, and that’s really where I believe the concept came from,” he says. “In highrise office buildings, daredevil teams would go up to the roof and take these crazy photographs of these areas, and we’ve seen it morph from there.”

Of the 40 to 50 condo audits Hyde’s firm, David Hyde & Associates, has done in the last few years, only a handful have reported roof-topping activity so he doesn’t consider the problem to be widespread. However, he has received select reports of the activity, especially at new and iconic condos.

These high-profile targets are most prone to breaches as construction nears completion and residents begin to occupy the lower floors, Hyde explains.

But the security expert adds that older, lower profile buildings can be susceptible if they have lax roof security. In a September, 2014, blog post about why he’s “done with rooftopping,” Toronto photographer Neil Ta talks about the process of entering buildings, going up the elevator or stairs and looking for an unlocked door or hatch.

“The majority of times we would fail and move on to the next building,” he writes. “There was a lot of failure. It took a lot of perseverance and repeated location scouting to access certain buildings at optimal times.”

BREAK & ENTER SCENARIOS One of the reasons Ta cites for giving up the practice is that it no longer felt like roof-toppers were doing nothing wrong. He describes a new breed of roof-topper undeterred by locked doors or hatches.

These comments foreshadowed the arrest of three men in February 2015, as part of a Toronto police rooftopping investigation. According to media reports at the time, the three

men faced varying charges of mischief under $5,000, possession of break-in instruments and break and enter and commit.

Constable Victor Kwong, media relations officer, Toronto Police Service, affirms that common charges in these types of cases can include break and enter, mischief and trespass.

“A lot of times the buildings are under construction when it takes place,” he says. “So there are no real four walls that people have to break in, but that does not determine break and enter; break and enter means breaking a threshold.”

In an interesting twist, in some cases, Kwong has seen property owners allow photographers to shoot from their rooftops in exchange for access to the resulting pictures. But for the property owners who fall outside of this camp, he recommends cameras and security.

Toronto police are especially concerned about the danger the practice p o s e s t o p u b l i c s a f e t y. W h i l e photographers may be willing to risk their own lives, Kwong asks: “What happens if they fall on someone else?”

OCCUPIERS' LIABILITY If anyone is hurt in connection with roof-topping, the Occupiers’ Liability Act could come into play, says condo lawyer Chris Jaglowitz, Partner at Gardiner Miller Arnold LLP. In particular, he points to section 3 of the Act, which requires the occupier of a premises to take reasonable care to ensure a person entering the premises is safe while on the premises.

During construction, the builder would be considered the occupier.

After turnover, the condominium corporation would be considered the occupier of the common elements.

“If someone goes over a balcony after drinking a few too many beers, is that the condo’s problem or is it that unit owner’s problem?” Jaglowitz poses as an example. “Usually, it’s the condo’s problem where the balcony is part of the common elements and the safety of the area is in question.”

Of course, he adds, a judge would decide whether the occupier bears any

responsibility based on the specifics of a case. Often, judges will apportion responsibility amongst two or more parties, taking into account whether the injured party was contributively negligent or whether a third party, such as a unit owner, bears any responsibility.

SAFETY MEASURES It’s difficult to gauge what level of responsibility, if any, a condominium corporation might bear for what happens at ground level if a door to its rooftop is left unlocked, says Jaglowitz.

But the condo lawyer suspects it’s probably remote.

“There’s no way to say you’re not going to get sued,” he says. “It’s just a question of: Do you really have potential legal exposure of losing a case like that if you were to get sued?”

Some of the reasonable safety measures a builder might take when people begin to occupy a condominium that is still under construction could include posting signage, such as “Danger” and “No trespassing,” offers Jaglowitz. Some of the reasonable safety measures a condominium corporation might take after turnover could include surveillance of areas that are vulnerable to trespassing as part of its security plan.

Though Hyde tailors security plans to a rooftop’s use, one of his overriding tips is to have clear rules in place as well as oversight. That could involve security staff monitoring rooftop activity with periodic checks and tools such as access control systems and CCTV cameras. If people are observed engaging in unauthorized activity, he recommends dealing with them strictly, according to the rules of the building.

“If they’re trespassing, you can give them a warning under the Trespass Act in the province,” says Hyde, “to say, ‘You are trespassing, we could call the police and have you charged for trespassing’, underlining with them that there are safety aspects and rules, and if they’re found up there again, then they’ll be prosecuted.” zz Michelle Ervin is the Editor of CondoBusiness.

This article is reprinted from the REMI network.

See www.reminetwork.com.

Canadian Property Management | September 2015 27

Photo courtesy of Live Roof Ontario Inc.

protectionmitigation&recovery

MAINTENANCE MUSTS FOR VEGETATED ROOFS

Control Weeds, Water When Needed, Remove Debris, Prohibit Smoking

By Kees Govers

C A N A D A ' S W I D E LY v a r y i n g climatic conditions – from season to season and region to region – influence performance and underpin safety considerations for green roofs. Risk management starts with good design and installation, and continues with maintenance.

When green roofs are designed and installed in accordance with industry standards, they provide a level of safety comparable to all structures regulated in building codes and property standards by-laws. Once in place, water, wind and fire pose the three main threats (as they do for all types of roofs) and necessitate regular maintenance to ensure the performance of the plants in the system. It is therefore important that all green roof areas have safe access and tie-offs for 28 September 2015 | Canadian Property Management

fall-prevention to allow maintenance work to occur.

Water penetration and loading are issues for all buildings regardless of the roof material. Water can overload the structure if enough of it accumulates, and it can cause damage to the building if it penetrates the building envelope.

On green roofs, problems arise if plant trash accumulates around the drains causing pooling or backups during major storms. This can overload the building structure or heighten the potential for water to penetrate the building envelope by finding imperfections in the seams and flashings of the roofing system.

Pooled water on the rooftop can also kill plants if their roots are covered for significant periods. The taller the growth of the green roof plants (and weeds), the

more important it is to periodically remove plant debris.

Vigilance is particularly important in early spring and late fall. A partially blocked drain under wet conditions may not be a serious problem by itself because of redundancies built into the roof design, but a cycle of thaw and heavy rainfall followed by heavy wet snow and a plunge in temperatures can create large patches of ice. This is very detrimental to the survival of the plants, and can also lead to overloading of the structure if ice dams prevent accumulating melt-water from reaching the drains.

DROUGHT CONDITIONS At the opposite end of the scale is extreme drought. Most extensive green

protectionmitigation&recovery roof systems are designed to withstand dry conditions, but they should be irrigated periodically in drought conditions. Healthy sedums provide a dense ground cover that will mostly prevent weeds from germinating, while drought-damaged sedum roofs leave large open spaces in which weeds can become established. These weeds then die off during the winter or subsequent droughts, adding to plant debris accumulation.

In extreme cases, dry plant material could become fuel for a fire. Grass and forb-based green roofs should be irrigated in hot, dry conditions. Good design ensures vegetation-free zones around penetrations, parapets, drains, curbs and walls to prevent the accidental spread of fire to the building from the green roof.

Nevertheless, it typically takes an outside trigger to ignite dry vegetation.

Although plants can burn during extreme drought conditions, the green roof growing medium is almost impossible to burn in open air since it predominantly (more than 80%)

consists of porous rocks such as pumice, expanded shale or slate or baked clay products. There are very few documented cases of fires on green roofs (and they have been small and of minor consequence) but they have invariably involved poor maintenance combined with a source of ignition such as a cigarette butt.

RESILIENT PLANTS Water requirements vary with the depth of the growing medium and selection of plants. Just like landscaping, intensive green roofs with trees and shrubs will require regular watering, fertilizing, weeding and pruning to sustain them regardless of the climate. A dead tree on a green roof can be a major hazard, and expensive to remove and replace. A little fertilizer, water and elbow grease goes a long way.

A typical extensive green roof 90 to 100 millimetres (mm) in growing medium depth and populated with a variety of sedums and other succulents is the most drought-tolerant green roof type, which will thrive with minimal

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irrigation almost everywhere in Canada.

Local climatic conditions will determine the frequency of irrigation required.

T h e n e a r- d e s e r t c o n d i t i o n s o f southeastern B.C. and the cooler, but almost equally dry conditions in southern Alberta will require periodic irrigation of all green roofs.

In wetter locations such as Vancouver and Toronto, they will survive quite well without irrigation in most years.

During droughts such as the summer of 2015 in Vancouver or the summer of 2012 in Toronto, periodic irrigation should be provided to keep plants healthy and able to withstand weed pressure when rainfall resumes.

Long drought periods can be bridged with as few as three to five waterings per summer for a 100 mm sedum green roof. Deeper green roof systems with thirstier plants will require more frequent waterings. zz Kees Govers is Technical Sales Manager with the green roof manufacturer, LiveRoof Ontario Inc. For more information, see the website at www.liveroof.com

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protectionmitigation&recovery

FIRE SAFETY FUNDAMENTALS FOR SENIORS' HOMES Sprinkler Installation Deadlines More Imminent in Quebec than Ontario

By Barbara Carss WHILE NOTABLY prompting the Quebec government to compel retrofits in seniors' residences that lack sprinklers, last winter's report from Quebec Coroner Cyrille Delâge more generally underscores fire safety fundamentals for vulnerable occupancies. Key recommendations arising from a tragic nursing home fire in January 2014 stress the importance of vigilant oversight, rapid response and efficient evacuation.

If those themes seem familiar, it's because earlier inquests have drawn much the same conclusions. The Canadian Association for Retired Persons (CARP) points to 140 firerelated deaths in seniors' homes since 1969 as it calls on the federal and provincial governments to enact legislation aimed at older facilities that predate building code requirements for safety features such as sprinklers, fire separation components and self-closing doors.

"Let's hope this time the public authorities in Quebec and elsewhere in Canada act to make all nursing homes safe," Susan Eng, CARP's Vice President, Advocacy, said following the February 2015 release of Delâge's report on the inquest into the death of 32 seniors in a fire at Résidence du Havre in L'Isle-Verte, Quebec. "When their own 30 September 2015 | Canadian Property Management

fire safety codes require sprinklers, fire doors and evacuation plans for new [seniors'] homes, why is it so difficult to mandate retrofitting of homes built before they saw the wisdom of those rules?"

In fact, this time, fire safety experts are impressed with the speed of both the Coroner's work and the Quebec government's response.

"Sometimes we have to wait a couple of years for the inquest to take place and the report to be issued. Then it takes a couple of more years for regulations to be drafted and there's often a long phase-in period before they're in force," observes Michele Farley, President of FCS Fire Consulting Services Ltd. "This was a very fast turnaround. It was great to see how quickly the Coroner reported, the speed with which the Minister announced the follow-up actions and the timelines set for those actions."

Amendments to Quebec's Safety Code make it just the fourth Canadian province – along with Ontario, Newfoundland and Prince Edward Island – to mandate the installation of sprinklers in older existing facilities. Designated seniors' homes must comply by March 18, 2020. Two-storey buildings with fewer than 10 residents or single-storey buildings less than 6,500

square feet with a maximum of eight units and no more than 16 residents will be exempt provided other egress and/or fire separation requirements are met.

DETECTION, MONITORING, CERTIFICATION This follows Safety Code amendments approved earlier in the decade that are now in place for privately owned seniors' residences or are scheduled to come into force over the next three years. Pending requirements include enhancements to fire separations, which will be necessary by March 18, 2018, and seven stipulations related to fire detection and alarm systems, which will be enforced beginning March 18, 2016.

Of the latter, a directive for alarm systems to automatically connect to a fire department is aligned with Coroner Delâge's recommendation that fire alarms be automatically transmitted to a central emergency response agency that can ensure firefighters are immediately notified and dispatched.

"It's still fairly commonplace where we find an emergency alarm that is just attached to the building's security system," reports Steve Clemens, Executive Director of the Canadian Fire Alarm Association. "What's

protectionmitigation&recovery needed is a true ULC-listed alarm system. It has to be properly installed, monitored and maintained to ensure it performs as it was designed to do."

Operators of Ontario's long-term care and retirement homes are now expected to comply with a similar requirement for fire alarm monitoring that came into effect January 1, 2015. Meanwhile, there is a lengthier phase-in for sprinkler installations across the province with compliance deadlines of January 1, 2019 for publicly owned homes and January 1, 2025 for privately owned homes – a timetable that CARP scorns.

"Ten years is much too long to take action on a preventative measure that has proven to save lives," the association's February 12 media release states. "The L'Isle-Verte fire showed that sprinklers are crucial even if they are not the only solution, which the Coroner also said."

The call for mandatory installation of sprinklers and alarm transmittal capability are the only two of Delâge's eight recommendations that would necessitate physical alterations to buildings, with sprinklers representing the greater capital

“It was great to see how quickly the Coroner reported, the speed with which the Minister announced the follow-up actions and the timelines set for those actions.” outlay. His other six points focus on improved planning, training and oversight.

"With any inquest, they are only looking at the actual situation of that event and the recommendations will pertain to that," Farley notes. Nevertheless, inquests are typically called to investigate matters of broad public interest so recommendations pertaining to that one event almost always have wider application.

Delâge called for a certification process, to be reviewed on a three-year cycle, to ensure that seniors' homes conform to rules and regulations. This would have to include

an analysis of residents' mobility and cognitive capacity, and prove that no undue building modifications have occurred. Fire officials would have to confirm that seniors' homes had emergency plans and conducted

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protectionmitigation&recovery fire drills, while owners would be obliged to properly train staff on fire safety and evacuation procedures.

TRAINING & VIGILANCE Fire safety plans, staff training and at least one annual fire drill are already a regulatory requirement in Ontario, but, regardless, they are simply good management practices. Farley also insists that quality assurance measures must be part of any training program.

"All of our codes, national and provincial, say the owner is responsible 'for', but they don't say 'how'," she says. "Proper training requires qualified trainers, evaluation and performance testing of the training and regular retraining."

Don MacAlister, Chief Operating Officer with Paladin Security, overseeing health care and educational facilities, notes that staff will likely have to rely on techniques such as the blanket cradle-drop to evacuate non-ambulatory residents, making it critical to practice these methods.

"Obviously, they are not going to lift an elderly frail person onto a blanket and drag them down the hall in a drill, but a facility practices with its own staff in the patients' role. It's important to get a feel for what to do," he says. "If staff get comfortable with that, if they're called on to respond in an emergency, they are more likely to have a successful outcome."

Evacuations should generally be simpler in newer seniors' facilities designed – as building codes now stipulate – as a series of horizontal sections separated with fire walls. In this scenario, more mobile residents are guided into the nearest safe zone so that staff can return to the area in alarm to help move those still remaining.

"It begins with the people who are most ambulatory. You move those who can at least partly evacuate themselves, or who can move

Ontario’s new CO law is now in effect

QUEBEC BUDGET COMMITS RETROFIT FUNDS

The 2015-16 Quebec budget earmarks $70.6 million over the next five years to underwrite sprinkler retrofits in more than 1,300 privately owned seniors' residences. This fulfills a pledge for support Quebec's Minister of Labour, Sam Hamad, made earlier in the year as he announced his government's plans to mandate the installation of automatic sprinklers in almost all existing seniors' facilities.

That move came just days after the release of Coroner Cyrille Delâge's report on the inquest into a tragic fire at a nursing home in January 2014, and makes Quebec just the fourth Canadian province to require sprinklers in seniors' residences. Currently, fewer than one-third of Quebec's certified private seniors' residences are equipped with sprinkler systems, while nearly 57,000 seniors live in non-sprinklered units.

It has been estimated that it will collectively cost owners about $253 million to undertake the required work, which has a compliance deadline of March 18, 2020. Physical alterations to walls and ceilings to accommodate piping account for nearly 60% of the projected costs.

"We must not compromise in any way the safety of the elderly, and we are taking action to prevent more tragedies," Quebec's Finance Minister, Carlos Letiao, said as he unveiled the budget.

The newly announced subsidy program will cover a portion of capital costs, prorated to the size of the facility. Seniors' homes with no more than 30 residents can receive a rebate of 60% of eligible costs, which include the sprinkler system, associated construction costs and pumps, generators and tanks, if necessary.

Mid-sized residences with 31 to 99 residents qualify for rebates of 40%, while large facilities with more than 100 occupants are eligible for a 20% rebate.

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quickly, to get as many people out as possible," MacAlister explains.

"In the older facilities without horizontal fire separations, each person would have to be taken outside, which is always a much more difficult evacuation."

In contrast, sprinklers can effectively contain and suppress a fire at the point of outbreak so that few residents would have to be moved.

"Step one is: sprinklers save lives," MacAlister says. "The worst situation is no sprinklers and a vulnerable population that isn't ambulatory."

Delâge's recommendations may be a sadly redundant list of steps that are still far from universal, but they provide a primer for improving safety that's not just for implementers of public policy.

They should also inform consumers.

"Parents are becoming actively aware of fire safety issues when their children are going away to live in school dormitories, and I think we need to have the same kind of checklists and measures for our aging parents when we're making decisions about their accommodations," Clemens maintains. "It's not just about fire alarms or sprinklers or evacuation plans. It's about how they all act together in an emergency. We need to start looking holistically at all aspects of fire safety." zz The preceding article is reprinted from the REMI network.

See www.reminetwork.com.

protectionmitigation&recovery

SERVICE AGREEMENTS ENSURE RESTORATION RESOURCES Worse Case Scenario should be the Planning Baseline

By Matt Johnson A DISASTER affecting the building can come in many forms – a burst pipe, severe storm activity causing wind damage, flooding, sewer backup, a fire, vehicle impact – while secondary damage can occur when water is involved. The amount of time to dry building materials is critical in avoiding secondary damage (i.e. mould) as well as contaminated water posing additional risks to occupants.

Commercial buildings, whether apartment buildings, office towers, hotels, hospitals, or shopping plazas, all come with complexities not found in singlefamily residential. These include different building materials, carpet tiles, commercial HVAC, pipes containing glycol, asbestos, elevators, escalators, high voltage, sprinkler systems, boilers, computer room, filing rooms, specialized equipment and inventories, consideration of fire routes, to name a few.

Often, too, businesses within the building will need to be open during the restoration period. Commercial restoration experts focus on getting buildings back to an operational state in the least amount of time, with minimal disruption while avoiding secondary damage. Planning for the worst case scenario provides guidance for any scale of incident.

Business continuity plans should include a contracted commercial restoration expert with proven experience in large, complex buildings. That means fulfilling minimum requirements such as: adequate insurance ($5 million, commercial general liability), as well as coverage for mould and asbestos remediation ($1 million); a written Health & Safety manual; good standing with the Workplace Safety and Insurance Board (WSIB); employee background checks; certifications in remediating water, fire, mould, odours, asbestos; and the equipment and manpower to provide 24-hour/7-day emergency services.

An emergency service agreement will essentially define the rules of engagement. It sets out the contracted services (emergency, reconstruction, contents, documents, etc.), service process and communication protocol, pricing and payment terms up front so that a contractor can just get to work when called. Perhaps more importantly, it ensures the contractor is lined up and committed to respond in scenarios where many property owners/managers are looking for services and competing for resources.

To further expedite emergency response, cataloguing a profile of the building will save significant time. This includes: location of shut-off valves, electrical and mechanical rooms; security procedures; building contacts for tenants and specialty trades such as HVAC, elevator, sprinkler systems; computer room procedures; building generator operation; hazardous materials on site, etc. Some commercial contractors now use cloud-based building profile systems, allowing them to quickly obtain needed information

through mobile devices while on the worksite.

Owners/managers should review the building profile and perform a site survey with the restoration contractor to enhance both parties' familiarity with the property. It's also important to update building information, contacts and procedures on a regular basis to ensure that the correct information is available when needed.

When incidents do occur, there are opportunities to learn from them. It is a good practice to do a debriefing and update any procedures that can improve the response during the next disaster event. This is another good reason to build an ongoing relationship with a qualified restoration contractor. zz Matt Johnson is President of Commercial Lo s s E x p e r t s ( C L E ) , a n e t w o r k o f commercial-grade restoration contractors offering emergency and reconstruction services across Southern Ontario. For more information, see the website at http://commerciallossexperts.com Canadian Property Management | September 2015 33

protectionmitigation&recovery

PROVING DUE DILIGENCE Right Facts Require Right Witnesses

By Cynthia R.C. Sefton

THE PROOF OF DUE diligence by a defendant, on a balance of probabilities, is fact dependent. A recent Ontario trial decision provides a useful overview of the framework for a finding that due diligence has been proven. The charges stemmed from a tragic 2012 incident in which a worker suffered a serious injury to his foot, which had to be amputated.

The defendant company was a manufacturer of machined metal products. It was in the process of manufacturing six large cylindrical spindles for its customer’s massive trucks, which were used in the oil industry. Each spindle weighed about 10,000 pounds and was four to five feet long.

The manufacture of the second spindle was almost completed when the defendant’s customer requested that the groove located at one end of the spindle be ground down. This had to be done by hand since the spindle was already machined. The task was given to a 34 September 2015 | Canadian Property Management

seventeen-month employee, who was relatively inexperienced in acting as a “deburrer,” one whose job was grinding down any burrs or rough edges on the company’s products.

The spindle requiring modification was lying horizontally on two stands, but had to be rotated to be worked on. The worker made an attempt to rotate the spindle with a piece of rebar that he attached to an overhead crane. When he attempted the rotation, the spindle fell off the stands and onto his foot.

There was some disagreement in the evidence at trial as to the instructions given to the injured worker by the person responsible for supervising him. The injured worker testified that he had been told to “prep and rotate” the spindle. This was denied by the supervisor.

The court found that the prosecution had proven the elements of the offence, namely

that the employer had failed to provide information, instruction and supervision to the worker for the safe movement of the spindle. However, the court also held that the company had made out a due diligence defence.

The worker had been given training with respect to general safety measures, as well as specific training for overhead cranes.

There was no training provided with respect to the rotation of the product, such as occurred in this case, nor were there any specific procedures in that regard. General safety instructions were clear that equipment was not to be used for anything other than its specific purpose.

The court stated that an employer cannot “merely point to the worker’s negligent, careless or even reckless conduct” in order for it to succeed on due diligence. The test was reasonable foreseeability.

The court found that it could not conclude on the evidence that the worker had been instructed to rotate the spindle. Significantly, the court found that the worker’s attempt to rotate the spindle was, to his knowledge, and as he testified, contrary to his training.

The court held that there was no requirement that a worker be “contemporaneously supervised at all times”.

The employer was acquitted.

What comfort can employers take from this decision? Not all that much, since, as stated at the outset, due diligence is so fact dependent.

However, this is one example, and there are others, that demonstrates that prosecutions can be successfully defended on the “right” facts. Such facts include that an employer carefully considers hazards that can befall a worker and takes steps to mitigate against those hazards. The right facts also require the right witnesses, namely those who can provide evidence, including documentary evidence, of the measures taken by an employer. zz Cynthia R.C. Sefton is a Partner with Aird & Berlis LLP. The preceding article is reprinted from the Workplace Law Bulletin, May 2015. For more information, see the website at www.airdberlis.com

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