3. BY-LAWS–– MASTER PLUMBERS AND PLUMBING CONTRACTORS -
REPEALS RÈGLEMENTS
MUNICIPAUX – MAÎTRES-PLOMBIERS ET ENTREPRENEURS EN PLOMBERIE - ABROGATIONS |
Committee Recommendations as amended
That Council:
1. Approve the repeal of regulations,
license requirements and other references related to Master Plumbers and
Plumbing Contractors from the following licensing by-laws as detailed in
Document 1:
(a) Former Gloucester By-law 70-2000 Schedule
A17,
(b) Former Goulbourn By-law 19-95 (whole)
(c) Former Nepean By-law 135-2000 Schedule
12,
(d) Former Ottawa By-law L6-2000 Schedule
18, and
(e) Former
Vanier By-law 29-00 Schedule 16.
2. Petition the Province of Ontario to consider establishing
a regulatory licensing scheme to regulate the qualifications and business
practices of Plumbers in the Province of Ontario.
RecommandationS
MODIFIÉES du Comité
Que le
Conseil :
1. approuve l’abrogation
des règles, critères d’obtention de permis et autres mentions concernant les
maîtres-plombiers et es entrepreneurs en plomberie dans les règlements
municipaux suivants sur la délivrance de permis, comme le prévoit le document 1
:
(a) Règlement 70-2000 de l’ancienne Ville de
Gloucester Annexe A17;
(b) Règlement 19-95 de
l’ancien Canton de Goulbourn Totalité du règlement;
(c) Règlement 135-2000 de l’ancienne Ville de Nepean Annexe 12;
(d) Règlement L6-2000 de l’ancienne Ville d’Ottawa Annexe 18;
(e) Règlement 29-00 de l’ancienne Ville de Vanier Annexe 16.
2. adresse une requête à la
Province d’Ontario afin de considérer l’établissement d’un processus réglementaire pour l’octroi d’un permis qui
régisse les compétences et les pratiques commerciales des plombiers dans la
Province d’Ontario.
Documentation
1.
Deputy
City Manager's report, City Operations dated 23 December 2008
(ACS2009-COS-EPS-0014).
2.
Extract
of Draft Minute, 5 February 2009.
Report to/Rapport au :
Community and
Protective Services Committee
23 December 2008 / le 23
décembre 2008
Submitted by/Soumis
par : Steve Kanellakos
Deputy City
Manager/Directeur municipal adjoint,
City Operations/ Opérations
municipales
Contact Person/Personne
ressource : Susan Jones
General Manager,
Emergency and Protective Services/Service des reglements municipaux
(613) 580-2424
x25536, susan.jones@ottawa.ca
______________________________________________________________________________
City-wide/à l'échelle de la ville Ref
No: ACS2009-COS-EPS-0014
______________________________________________________________________________
SUBJECT : BY-LAWS–– MASTER PLUMBERS AND
PLUMBING CONTRACTORS - REPEALS
OBJET : RÈGLEMENTS MUNICIPAUX – MAÎTRES-PLOMBIERS ET ENTREPRENEURS EN
PLOMBERIE - ABROGATIONS
That
the Community and Protective Services Committee recommend Council approve the
repeal of regulations, license requirements and other references related to
Master Plumbers and Plumbing Contractors from the following licensing by-laws
as detailed in Document 1:
(a) Former Gloucester By-law 70-2000 Schedule
A17,
(b) Former Goulbourn By-law 19-95 (whole)
(c) Former Nepean By-law 135-2000 Schedule
12,
(d) Former Ottawa By-law L6-2000 Schedule
18, and
(e) Former Vanier By-law 29-00 Schedule
16.
Que le Comité des services communautaires et de
protection recommande au Conseil d’approuver l’abrogation des règles, critères
d’obtention de permis et autres mentions concernant les maîtres-plombiers et es
entrepreneurs en plomberie dans les règlements municipaux suivants sur la
délivrance de permis, comme le prévoit le document 1 :
(a) Règlement
70-2000 de l’ancienne Ville de Gloucester Annexe
A17;
(b) Règlement
19-95 de l’ancien Canton de Goulbourn Totalité
du règlement;
(c) Règlement
135-2000 de l’ancienne Ville de Nepean Annexe
12;
(d) Règlement
L6-2000 de l’ancienne Ville d’Ottawa Annexe
18;
(e) Règlement
29-00 de l’ancienne Ville de Vanier Annexe
16.
This report recommends the repeal of licensing
by-law regulations related to Plumbing Contractors and Master Plumbers
currently in effect in former Gloucester, Vanier, Nepean, Ottawa, and
Goulbourn. It also recommends the
repeal of the requirement for licensees and applicants to undertake an
examination in order to obtain a Master Plumber License since there is no
longer the legal authority to impose this requirement.
Due to recent changes to the Municipal Act,
2001, municipalities are now prohibited from imposing conditions on the
applicant (or licensee) that would require the completion of an exam in
relation to, or to obtain a certificate issued by the City in relation to an
individual’s competence to perform plumbing work and act in a supervisory
capacity where plumbing work is being performed. The Province of Ontario certifies plumber qualifications through
its Apprenticeship Programs.
Part 7 of the Ontario Building Code
requires individuals to obtain a Building Permit prior to engaging in any
plumbing work. The City of Ottawa currently employs 35 to 40 Building
Inspectors that inspect and verify that all work done under the authority of a
permit, which would include Plumbing work, complies with the provisions as set
out in the Ontario Building Code.
By-law and Regulatory Services has not received
requests for services related to plumbing contractors since amalgamation in
2001. City Operations therefore deems
that the enactment of City-wide harmonized Plumbing Contractor and Master
Plumber regulations are unwarranted at this time and recommends the repeal of
current regulations.
Le présent rapport recommande l’abrogation des règles relatives à la délivrance de permis aux maîtres-plombiers et aux entrepreneurs en plomberie qui sont contenues dans les règlements sur la délivrance de permis des anciennes municipalités de Gloucester, Vanier, Nepean, Ottawa et Goulbourn. Le rapport recommande également de supprimer l’obligation faite aux titulaires et aux demandeurs de permis de subir un examen pour obtenir un permis de maître-plombier, étant donné que cette exigence n’a plus de fondement juridique.
Par suite de la récente modification de la Loi sur les municipalités, les municipalités n’ont plus le pouvoir d’imposer à un particulier qui exerce le métier de plombier ou s’y livre des conditions exigeant qu’il passe des examens, ou qu’il obtienne un certificat quelconque délivré par la municipalité, à l’égard de sa compétence pour effectuer des travaux de plomberie et pour exercer des fonctions de supervision sur un chantier de construction où sont effectués de tels travaux, pour l’obtention, la conservation ou le renouvellement d’un permis de plombier.
C’est le gouvernement de l’Ontario qui délivre des certificats de compétence aux plombiers dans le cadre de ses programmes d’apprentissage.
Aux termes de la partie 7 du Code du bâtiment de l’Ontario il faut obtenir un permis de construire pour pouvoir effectuer des travaux de plomberie. La Ville d’Ottawa compte à son service de 35 à 40 inspecteurs chargés de visiter les chantiers et de s’assurer que les personnes qui effectuent des travaux de plomberie possèdent un permis et que les travaux respectent les dispositions du Code du bâtiment de l’Ontario.
Les Services des règlements municipaux n’ont pas reçu de demande de services relativement aux entrepreneurs en plomberie depuis la fusion, en 2001. Par conséquent, le Service des opérations municipales estime que l’adoption d’un règlement municipal harmonisé concernant les maîtres-plombiers et les entrepreneurs en plomberie n’est pas justifiée et il recommande l’abrogation des règlements actuels.
Section 151 of the Municipal Act, 2001
empowers municipalities to license and regulate businesses for nuisance
control, consumer protection and for the health and safety of the public.
However, recent changes to a licensing
regulation passed under the Municipal Act, 2001 prohibit
municipalities from requiring individuals to complete an examination in
relation to, or to obtain any certificate issued by (or behalf of) the City in
relation to his or her competency to perform plumbing work or act as a
supervisory capacity on a construction site where plumbing work is being
preformed. Simply put, the City no
longer has the authority to require an individual to complete an examination in
order to receive certification as a Master Plumber.
This change has effectively rendered the City’s
various Plumbing Contractor and Master Plumber licensing regulations void. Previously the City required individuals
(applicants) to complete an examination to obtain a Master Plumber License. The
By-law required all licensed Plumbing Contractors to employ a licensed Master
Plumber to supervise all work done by the Contractor.
The Ontario Building Code requires
that a Building Permit be obtained prior to any of the plumbing work being
undertaken. Currently, Building
Inspectors perform inspections on all plumbing work done under the authority of
a permit to ensure all work completed conforms with the provisions of the Ontario
Building Code.
The existing plumbing contractor licensing
regulations enacted by the Councils of the former Gloucester, Vanier, Nepean,
Ottawa, and Goulbourn remain in effect within the boundaries of those former
municipalities. Plumbers and plumbing
contractors are not regulated in other areas of the City.
Due to the inability for the City to require
licensees or applicants to undertake examinations in order to receive Master
Plumber certifications, and in light of the above-noted requirements of the
Ontario Building Code that ensure the inspection of plumbing work, it is
recommended that the existing licensing regulations and requirements referring
to Master Plumbers and Plumbing Contractors be repealed.
Furthermore, on December 17, 2008, the
Mechanical Contractors Association of Ottawa, advised staff that a committee
has been formed with a mandate to lobby the Province to establish a
province-wide regulating authority similar to theone
Electrical Safety Authority that regulates the activity of electricians in
Ontario. In light of this initiative,
staff deem it unnecessary for the City to regulate Master Plumbers and Plumbing
Contractors.
The Plumbing industry was consulted through the
Mechanical Contractors Association of Ottawa, and several phone calls and
e-mails were received mostly from currently licensed Master Plumbers that were
opposed to the recommendation to repeal the By-law. The reason cited was that
they are concerned that the work performed by Contractors will not be inspected
properly, thus creating health and safety concerns. A letter was received from
the Building and Construction Trades Council of Eastern Ontario outlining
several concerns with repealing the By-law. As a result, a copy of the letter
was sent to the City of Ottawa’s Chief Building Official, who provided the
following comments:
1. The
property owner, general contractor, etc who engage the
plumber, are best positioned to require proof of insurance as part of
pre-qualifying the plumber to undertake the contract work.
2.
The Building Code Act regulates construction, not the contractor or trade's
business acumen and practices. The inspections are undertaken to verify
whether the new plumbing system/installation meets the minimum building
standards set out in the Building Code. The Code does not distinguish
contractors based on their accreditation but rather focuses on the work
completed.
3.
The Building Code Act regulates the design and construction of plumbing
systems and the Code provides for consistency province-wide.
4.
The Building Code sets out minimum building standards for health,
safety and structural sufficiency and these apply to the design and
construction of plumbing systems.
The
Building and Construction Trades Council of Eastern Ontario wrote:
In the early 1990's a dangerous precedent was
established by the City of Ottawa
when they reduced the required number of hours to become a plumbing inspector from 960 hours of theory
to 32 hours of theory. These
individuals are then expected to go out and inspect plumbing installations making it difficult for them to
detect any errors. Now the City of
Ottawa is contemplating the elimination of the Masters and Contractors License which in my view is one of the last lines of defence for the protection
of the Citizens of Ottawa in terms of plumbing standards and safety.
Only five (5) of the
current eighteen (18) building inspector officials are adequately trained in
plumbing theory which includes: fluids in motion, the relationship of liquids of
different densities and the protection of the potable water distribution system. Do we really want to eliminate this
protection?
The City of Ottawa’s Chief Building Official offered the following
response to the above-noted comment:
The City's Building
Inspectors are cross trained to undertake a variety of inspections, including
plumbing inspections. In addition, specialist positions have been
established to inspect the more complex systems (HVAC and Plumbing).
Thus, the City has, depending on the workload assignments (as Building
Officials are cross trained to undertake plan reviews and field
inspections), an average of 45 Building Inspectors, of which seven are
Specialists Inspectors, undertaking plumbing inspections. The
City provides for extensive training to ensure the Building
Inspectors are competent and knowledgeable, in addition to the
provincially mandated qualification process that requires the
Inspectors to write and pass exams in order to be Building Officials.
Mr. Duford needs not be concerned with the City's ability to undertake the Building Code inspections of new plumbing installations.
A
notice appeared in the Ottawa Citizen, The Ottawa Sun, as well as Le Droit
advising of the recommendation and inviting the public to present their
comments, support or objections in writing before January 23, 2009, or in
person at the February 5, 2009, Community and Protective Services Committee at
which the recommendation will be considered.
Approval
of the recommendation will result in a budgetary pressure of $53,225 in the
By-law Licensing Account resulting from the lost revenues related to licensing
fees and application processing fee.
Document
1: Master Plumber and Plumbing
Contractor Repeal By-law.
Legal
Services Branch, in consultation with By-law and Regulatory Services to process
the required by-law to Council for enactment.
Document 1
BY-LAW NO. 2009 -
A by-law of the City of Ottawa to repeal certain provisions of Licensing By-laws of former municipalities of Goulbourn, Vanier, Gloucester, Ottawa and Nepean related to plumbers, master plumbers and plumbing contractors.
The Council of the City of Ottawa enacts as
follows:
1.
By-law
No. 170 of 2000 of the old Corporation of the City of Gloucester entitled,
“Being a by-law of The Corporation of the City of Gloucester to provide for
licensing, regulating and governing certain trades, callings, businesses,
occupations of Home Occupation”, as amended, is amended by repealing:
(a) the
definition of “Plumbing Contractor” where it occurs in Section 1;
(b) the
item “Plumbing Contractor” where it appears in Schedule “A”;
(c) Schedule
A-17 entitled “Plumbing Contractor’s Licence”; and
(d) the items “Plumbing Contractor” and “$300.00”
where they occur in Schedule “C” entitled, “Schedule of Fees”.
2. By-law No. 29-00 of the old Corporation of the City of Vanier entitled, “Being a by-law of the Corporation of the City of Vanier for licensing, regulating, governing any trade, business or occupation or the person carrying or engaging in it”, as amended, is amended by repealing:
(a)
the
item “16 Contractors 33-34” where it occurs in the Index to Licences;
(b)
the
item “Contractor” where it occurs in Schedule 1 entitled, “Annual Fees For Licences”;
and
(c)
Schedule
16 entitled “Contractors”.
3.
By-law
No. 19-95 of the old Corporation of the Township of Goulbourn entitled, “Being
a by-law relating to the licensing, regulating and governing of Plumbing
Contractors, Master and Journeyman Plumbers”, as amended, is repealed.
4. By-law No. 135-2000 of the
old Corporation of the City of Nepean entitled, “Being a by-law of The
Corporation of the City of Nepean to provide for licensing, regulating and
governing certain trades, callings, businesses or occupations”, as amended, is
amended by repealing:
(a) the
definition of “Master Plumber” where it occurs in Section 1;
(b) the item “Master Plumber $345.00
December 31” where it occurs in Schedule “A”;
(c) Schedule 12 entitled “Master Plumber”;
and
(d) Item 12 “Master Plumber” where it occurs
in the Index to Licences.
5. By-law No. L6-2000 of the old Corporation of the City of Ottawa entitled, “A by-law of the Corporation of the City of Ottawa respecting licenses”, as amended, is amended by repealing:
(a) the definitions of “Apprentice Plumber”,
“Examiners’ Certificate, “Master Plumber”, “Journeyman Plumber”, “Plumbing
Contractor” and “Plumbing Work” where they occur in Section 1;
(b) the item “(20) every plumbing contractor
and every master plumber” where it occurs in Section 2;
(c) Schedule 18 entitled, “Relating to
Plumbing Contractors and Master Plumbers”; and
(d) the item “Plumbing Contractor …. $345.00
… September 30” and the item “Master Plumber/Plumbing Contractor ….. $345.00 …
September 30” where they occur in Schedule 1 entitled, “Fee Structure”.
6. The repeal of the portion of the by-laws referred to in Sections 1 through 5 shall not affect the prosecution of any offence committed against the provisions of these by-laws or any penalty incurred in respect thereof or any investigative proceedings thereunder.
ENACTED
AND PASSED this day of , 2009.
CITY CLERK MAYOR
BY-LAW NO. 2009 -
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
A by-law of the City of Ottawa to repeal certain provisions of Licensing By-laws of former municipalities of Goulbourn, Vanier, Gloucester, Ottawa and Nepean related to plumbers, master plumbers and plumbing contractors.
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
Enacted by City Council at its
meeting of
, 2009.
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
LEGAL SERVICES
COUNCIL AUTHORITY:
BY-LAWS – MASTER PLUMBERS AND PLUMBING CONTRACTORS-REPEALS
RÈGLEMENTS
MUNICIPAUX - MAÎTRES-PLOMBIERS ET ENTREPRENEURS EN PLOMBERIE - ABROGATIONS
ACS2009-COS-EPS-0014 CITY WIDE / À L'ÉCHELLE DE LA VILLE
Susan Jones, General Manager,
Emergency and Protective Services introduced Arlene Gregoire, Director,
Building Code Services and Roger Chapman, Project Officer, Licensing and
Programs. Ms. Jones gave a brief
summary on the staff report before the Committee. She stated that the City is at the end of a long process of
by-law harmonization since amalgamation in 2001. As the department was reviewing this by-law, the Province of
Ontario amended the Municipal Act that eliminated the municipalities’ ability
to require the licensing of contractors.
The rationale for this was that they are regulated or trained at the
Provincial level. Since amalgamation
there has been no request under this by-law. She stated that Ms. Gregoire’s department at the time of building
inspection would pick up the improper workmanship possibly done at a site. She is very supportive of having provincial
licensing and is willing to assist the delegations in moving this forward.
Councillor Bédard requested
confirmation that the City no longer had the legal authority to impose the
requirements? Ms. Jones stated that the
City could no longer impose testing to achieve a certain standard. The province feels that there are adequate
agencies, boards, professional associations that certify their members and that
the municipalities should not be in this business. With regards to out of province plumbers, the City used to have
the ability to regulate this but with inter-provincial barriers being
eliminated this was taken away from the City as well and must accept that if a
contractor is recognized in their province the City must also do so.
Delegations
Mr. Andre Duford, stated that he wrote and examined
people for the Masters Plumbing Certificate.
He provided the Committee with written speaking notes of his
presentation, which are held on file with the City Clerk’s office. He stated that every country has a
certification program and he expressed his opposition in repealing this by-law. He feels that the present program protects
both the public and the plumbers.
Councillor Bédard wanted
clarification from Mr. Duford on just what he was seeking from the City
considering the limitations placed on it by the Province. Mr. Duford stated that he was seeking
protection for the plumbers of Ottawa as well as the public. Councillor Bédard responded by saying that
the Committee would be in favour of requesting a certification process by the
Province but as a City it could no longer perform that role.
Mr. Robert Martel, Mechanical Contractors Association of Ottawa, stated that he and his association were very much in favour of keeping the program. He understands the difficulties with regards to Provincial legislation but if there was any way of keeping the present system for at least 2 years until such time as a new process and procedures are established. He stated that they were trying to establish a model similar to that of the electrical workers. A copy of his speaking notes is held on file with the City Clerk’s office.
In response to Councillor Leadman question on the Ontario Building Code and the working relationship with regards to Master Plumbing and Plumbing contractors, Ms. Gregoire stated that under the building code contractors are given all construction including the plumbing so that should the plumbing not meet standard they are required to bring it up to code. Therefore, the work itself is regulated and the province has established the standard. It does not matter if the plumbers are from Ontario or Quebec, if they know the building code and understand how to install the plumbing, it must meet the provincial standard.
Mr. Robert Martel stated that there might be a legal issue trying to continue status quo for a year or two but strongly recommends keeping the present system.
Valerie Bietlot, Legal Counsel, City Clerk and Solicitor Branch, indicated that Ms. Jones was correct that the new regulation specifically to licensing in the Municipal Act prohibited them from imposing the conditions that will require that they pass an examination or obtain a certificate to hold that license therefore the City does not have that ability any longer.
Jean-Claude Bastien, a master plumber works for Black and McDonald and has been a master plumber for many years. He stated that he does understand the City’s legal position in being able to regulate the plumber contractor but is very concerned that regulations are being eased up and they encounter competition from other companies that do not do quality work. His company has been in business for over 80 years all across Canada and are licensed for the different cities across Canada. They take a lot of pride in the work that they do and they ensure that they are qualified to do the work that they are supposed to do. He asked the Committee what is going to protect the City of Ottawa and Ottawa plumbers against people from all across Canada that are not qualified to do the work.
Ms. Jones responded that it is in
the best interest of the City to provide good work. However, it is not the City’s role to establish licensing at
every turn to protect one against the other.
The market will regulate itself as well. If you are providing bad workmanship consumers can go to the
province, Ministry of Consumer Affairs and file a complaint and have an
investigation.
She noted as well that at the
present time only 5 out of the 11 former municipalities had licensing and there
is not licensing right across Ontario.
This really is a Provincial responsibility.
Councillor Leadman asked what is
involved when someone comes to apply for a license then what do they have to do
in order to demonstrate that they are a master plumber. Ms Jones responded by stating that they have
a written test that is currently being administered by Algonquin College. They
then have to pay a fee to show that they have written a test and it has been
process.
In response to Councillor
Leadman’s question as to whether the City could still license a plumbing
business Ms. Jones explained they could license any business they want. She
started that since amalgamation there have been no complaints and does not see
the need to warrant the cost of administering such a program that rightly
belongs with the Province.
Councillor Leadman pointed out to that the city has the ability to license as stated in the Municipal Act and that is not changing. What has changed is the ability to require that the particular licensee must pass an examination to obtain a particular certificate. So we would be licensing on other grounds and what staff is saying is that really those other grounds aren’t worth licensing at the moment since many of the trades are regulated at the provincial level and the safety aspect through inspection of the work and the Building Code.
Councillor Leadman stated that the City could be put in a bad position where it would give someone a license, which has not been examined, and since they do not need to prove that they are master plumbers this would put the City in an awkward position.
Ms. Bietlot responded by stating that it will be difficult to find a base on what to license because the City no longer has the ability to acquire the qualification.
Richard Hayter, Building Trades Council stated that he would like to be on record as a builder and construction trade councillor in Ontario and the Joint Labour-Management Health and Safety Committee of the Construction Safety Association co-chair that he is opposed to the discontinuation of the master plumbing license with the City of Ottawa. He stated that City of Ottawa residents expect clean water and good workmanship. He stated that inspite of the existing requirement regarding the master plumber license many of our water is still at risk and further degraded because of the contaminated of universal treatment of sewers. He stated that with all the recent bad events with regards to water and water supply, the City of Ottawa has to build a more robust safety net. More inspectors and better-trained individuals are required. He read from the Conference Board of Canada document on the Health and Safety Leadership Charter.
Councillor Qadri asked staff if other provinces have qualification standards for their plumbers. Ms. Jones stated that Québec does have examination skills testing but not aware of others. The most important thing to note is that poor workmanship is caught when the building is inspected and the Building Code. With regards to under bidding, the City used to regulate that as well until the Municipal Act was changed with the Fairness is a Two Way Street Act with respect to Québec contractors.
Councillor Cullen commented on Mr. Hayter’s presentation and the quotes used from the Health & Safety Charter and dealing with the larger issue of safety and clean water, etc… Is there anything that the City can do? Ms. Jones stated that the City is bound by Provincial legislation and not really the role of the municipality.
Councillor Holmes inquired if it was only Ontario that changed its Municipal Act or others. Ms. Jones stated that she was not aware or has any other information.
Councillor Bédard stated that as a result of the presentation and the suggestion that the City continue to do something which the Municipal Act prohibits, he will put forth a motion requesting that the City of Ottawa puts the onus back onto the Province of Ontario.
Moved by
G. Bédard
That City Council petition the Province of Ontario to consider
establishing a regulatory licensing scheme to regulate the qualifications and
business practices of Plumbers in the Province of Ontario.
carried
That the Community and
Protective Services Committee recommend Council:
1. Approve the repeal of regulations,
license requirements and other references related to Master Plumbers and
Plumbing Contractors from the following licensing by-laws as detailed in
Document 1:
(a) Former Gloucester By-law 70-2000 Schedule
A17,
(b) Former Goulbourn By-law 19-95 (whole)
(c) Former Nepean By-law 135-2000 Schedule
12,
(d) Former Ottawa By-law L6-2000 Schedule
18, and
(e) Former
Vanier By-law 29-00 Schedule 16.
2. Petition the Province of Ontario to consider establishing
a regulatory licensing scheme to regulate the qualifications and business
practices of Plumbers in the Province of Ontario.
CARRIED as amended