Operating Procedures for Development Committees

Establishment

The Canadian Board for Harmonized Construction Codes (CBHCC) is responsible for the content of the National Model Codes and related guides. When a development committee is struck, it is given provisional responsibility for relevant code content through its mandate. Development committees report to the CBHCC.

Development committees are:

1. the Standing Codes Coordination Committee (SCCC),
2. national model codes committees and their task groups and working groups,
3. minor task working groups, and
4. policy working groups.

Development committees are struck to undertake code development activities in accordance with the approved work plan. Development committees are supported by Codes Canada.

The development committee structure is based on the following principles:

• Agile: national model codes committees, minor task working groups, and policy working groups are struck to address specific mandates. They are discontinued when their mandate is complete or as directed by CBHCC. The SCCC exists on an ongoing basis, and some committees might last several code development cycles;
• Flexible: the number, composition, size, and duration, of each committee is commensurate with its scope and mandate;
• Coordinated: membership of development committees includes relevant representation to encompass a holistic view of issues; and
• Efficient: focused use of system resources to support strategic priorities.

The principles above are reflected in the development committee structure in Figure 1.

Standing Codes Coordination Committee

The SCCC’s role is to provide input to ensure holistic consideration of issues. It provides input during work planning and is a forum for information sharing between committees during change development. It may also determine the cumulative impact of changes as directed by the CBHCC. The SCCC exists in accordance with its terms of reference approved by the CBHCC.

The SCCC Chair has the discretion to strike task groups to address requests from the CBHCC to assess the cumulative impact of changes. Membership of its task groups is established by the Chair of the SCCC drawing from the approved SCCC membership and may include additional invited guests.

National model codes committees

A national model codes committee develops recommendations on complex technical subject areas. Terms of reference are approved by the CBHCC.

Subordinate task groups and working groups

Task groups and working groups of the national model codes committee can be struck at the discretion of the national model codes committee Chair, to address specific items within the scope and mandate of their approved terms of reference.

The Chair of a task group is identified by the Chair of the national model codes committee drawing from the approved national model codes committee membership. Membership of the task group is identified jointly by the Chair of the national model codes committee and the chair of the task group and can include members of the national model codes committee and others as required. Membership of working groups is drawn from the membership of the national model codes committee and/or task group and may include invited guests as required. Anyone representing an association is not permitted to attend meetings of minor task working groups or working groups reporting to national model codes committees.

Working groups of national model codes committees generally follow the same operating procedures as minor task working groups.

Minor task working groups

A minor task working group develops a recommendation to the CBHCC on a non-complex technical subject.

Policy working group

A policy working group develops recommendations to establish CBHCC positions on policy matters to inform technical development. Policy working groups are restricted to members of the CBHCC or their delegates, with invited guests as required.

Code system communication

Codes Canada facilitates all communication between development committees and with the CBHCC. Development committees are required to report progress to the CBHCC regularly. Questions for clarification arising during code development are promptly referred to the CBHCC for resolution. The CBHCC helps resolve any conflicts between development committees.

National model codes committee chairs are members of the SCCC. National model codes committee and SCCC chairs may participate, as ex-officio members, at meetings of the CBHCC as required.

Appointment of members

Application

Codes Canada receives applications from individuals on behalf of the CBHCC to serve on the SCCC, a national model codes committee and their subordinate task groups and working groups, or a minor task working group.

Selection

General

Members of the SCCC and national model code committees are selected by the CBHCC based on their knowledge, experience and ability to contribute to the scope and mandate of a committee with consideration of including broad technical and geographical representation. The CBHCC recognizes that there is strength in the diversity and inclusion of various expertise, identities and perspectives, and aims for membership to be representative of Canada’s diversity.

The CBHCC approves the membership, including the chairpersonship of the SCCC, and national model codes committees via their terms of reference. If a member vacancy arises the CBHCC co-chairs may provisionally appoint a new member as required to suit operational needs, subject to ratification by the CBHCC.

Membership of the development committees is described in Table 1. Table 1 provides notional guidance on the recommended number of members as well as relative percentages of different types of members for balanced consideration. Principles for development committee composition include:

• The number of members from each membership category is reflective of the scope and mandate described in the terms of reference;
• membership is balanced, as indicated in Table 1, so as not to skew consideration of an issue;
• membership consists of representatives with knowledge in the area being developed who will contribute to the discussions; and
• perspectives include a variety of viewpoints.

The CBHCC can appoint associations as members of National Model Code Committees. Associations including industry associations are permitted to name representatives to attend National Model Code Committee meetings as “association stakeholder” members.

The CBHCC may modify the membership of a development committee at any time. It may also remove a member who fails to participate or does not participate in good faith or does not adhere to the Operating Procedures of the Canadian Board for Harmonized Construction Codes.

Table 1: Notional membership matrix and guidance for development committees

“Yes” means “permitted to be a member”.
“No” means “not permitted to be a member”.
¹ excludes Chair role
² can participate as an ex-officio member by bringing technical expertise and coordinating research in support of code development, but is not included in the assessment of consensus decisions in developing a recommendation to the CBHCC
³ excludes representatives from organizations on the Advisory Council for Harmonized Construction Codes, or anyone representing an industry or association
⁴ excludes Chair role for representatives from organizations on the Advisory Council for Harmonized Construction Codes, or anyone representing an industry or association
⁵ Regulatory representation includes persons involved directly in enforcement of regulations on behalf of authorities having jurisdiction (e.g., building officials, plans examiners, inspectors, etc.).
⁶ Industry representation includes persons involved in design, design review, construction review, material and component manufacture, material supply, or construction.
⁷ General interest representation includes, but is not limited to, persons involved in research and testing, building or facility operation and management, standards development, consumer interests, energy utilities, governmental energy management, insurance, teaching and training.
⁸ plus Chairs of national model codes committees.
⁹ invited guests can be included as required.
¹⁰ Association stakeholders are approved by the CBHCC.
¹¹ can participate as a member bringing technical knowledge to the consensus building discussion but is not part of decisions on recommendations to the CBHCC to avoid undue influence
¹² Anyone representing an association is not permitted to be on minor task working groups to avoid undue influence.

Standing Codes Coordination Committee

SCCC members are appointed in advance of the code cycle for the duration of a code cycle. Appointment to the SCCC considers the need to maintain continuity and transfer knowledge across code cycles.

National model codes committees

Members of national model codes committees are appointed in accordance with the approved work plan for the duration of the mandate identified in the terms of reference. Mandates that span more than one code cycle are subject to reaffirmation by the CBHCC pending the priority-setting and work planning processes.

Minor task working groups

Minor task working groups are struck as needed throughout the code cycle.

Operations

Consensus

Development committees prepare consensus-based recommendations. Consensus is general agreement of members on a solution, which includes resolution of all significant concerns and disagreements. Consensus implies more than the concept of establishing a simple majority but does not necessarily mean unanimity. Consensus requires that all opinions be considered and weighed and that any statement of agreement should be reached only after full and fair discussion of the issues involved. Negative opinions deserve careful consideration.

Meetings

The SCCC, national model codes committees and their task groups conduct business in open meetings, which observers can attend. Policy working groups and minor task working groups conduct their business in camera. All groups may conduct business between meetings.

Not less than 50% of the members of the SCCC, national model codes committees (excluding Association stakeholder members) and their task groups, including the Chair or a delegate appointed by the Chair, are required to conduct a meeting.

Participants

Participants include:

• The Chair, who is responsible for:
  • setting meeting agendas;
  • ensuring adherence to the terms of reference;
  • leading the group discussion by building consensus;
  • assessing the consensus; and
  • enforcing the Code of Conduct;
• members, who bring relevant knowledge to the group;
• National Research Council’s Codes Canada staff, who are responsible for:
  • coordinating the work of the group by providing administrative support, including supporting the Chair in applying the operating procedures;
  • supporting the Chair in building consensus;
  • providing technical input on the development of codes, including identifying opportunities for harmonization; and
• observers (for open meetings), who observe the proceedings and may participate, at the discretion of the Chair, during the meeting.

Code of conduct

All participants must:

• act with respect towards all contributors in the code development system;
• follow the principles of consensus-building; and
• when suggesting information for consideration, identify themselves and whether they represent an organization, their role in the meeting, the source of any information to be shared and their relationship to the information.

Conflict of Interest

Conflict of interest is a situation, whether real, apparent, or potential, in which a participant has private interests that could influence their participation within the Harmonized Code Development System or in which the participant could use their role in the Harmonized Code Development System for personal gain.

A real conflict of interest exists at the present time. An apparent conflict of interest is a situation that could be perceived as a conflict of interest, by a reasonable observer, whether or not it is the case. A potential conflict of interest could reasonably be foreseen to happen in the future.

Participants must identify themselves when speaking and identify whether they are representing an organization. All participants must declare any known real, apparent, or potential, conflicts of interest. Subject to national model code committee agreement, members who have a conflict of interest may participate in national model code committee and task group discussions as observers. Members who have a conflict of interest are not permitted to participate in minor task working groups or working group discussions.

The chair will facilitate fair and balanced discussion of all matters. Members who have a conflict of interest are not permitted to chair discussions related to matters for which they have a conflict.

Record of Discussion

Codes Canada prepares a summary of the development committee’s discussion after each meeting to capture the considerations discussed and the recommendations made including the rationale for the recommendations, any unresolved concerns and how those concerns were considered. The record of discussion also includes any declarations of conflicts of interest and how they were addressed, either in advance of, or during the meeting. The record of discussion is validated by the relevant development committee electronically and/or at the following meeting. Actions arising from the meetings are tracked to resolution.

External communications

All written and oral communications with respect to the Harmonized Code Development System are done by the CBHCC or a delegated authority.