September 5, 2025 - Public Notice to All Professional Designers

The City of Brandon’s Development Services Division has recently encountered foundation drawings bearing the following disclaimer from professional engineers:
“There has been no review of existing soil conditions. It is the responsibility of the contractor and the Authority Having Jurisdiction (AHJ) to confirm soil conditions are acceptable. Contact the engineer for inspection if required. No inspections are planned for this project.”

This statement is not acceptable. When a professional engineer seals foundation drawings, they assume responsibility for the soil conditions relevant to the design. This includes bearing pressures, design and factored loads, and groundwater presence. The engineer may fulfill this responsibility either by:

1. Being directly familiar with the subsurface soil conditions, or
2. Relying on a subsurface investigation conducted by a qualified professional.

Under no circumstances can this responsibility be transferred to the contractor or the AHJ.

This requirement is clearly outlined in the 2024 Manitoba Building Code, specifically Article 2.2.4.3.(1) of Division C, which states:
“Foundation drawings submitted with the application to build or excavate shall indicate the type and condition of the soil or rock, as well as the groundwater conditions, as determined by the subsurface investigation, the factored bearing pressures on the soil or rock, the factored loads when applicable and the design loads applied to foundation units, and the earth pressures and other loads applied to the supporting structures of supported excavations.”

This applies to all foundation designs involving a professional engineer—either where an engineer’s seal is present or required, as per Article 2.2.2.3. of Division C.

Site Review Requirements

While site reviews may not always be the responsibility of the engineer who sealed the drawings, they are required within the City of Brandon. Section 15(a) of the City’s Building By-law states:
“Where the character of the proposed work requires technical knowledge for the preparation of drawings and specifications, as provided in the Code, the drawings and specifications shall be prepared, and the construction inspected and certified by, an architect and/or professional engineer skilled in the appropriate section of the work concerned and entitled to practice in the Province of Manitoba.”

This means that the engineer of record—or another qualified professional—must conduct routine site inspections and submit a Letter of Certification summarizing the inspection results prior to occupancy. While owners or designers may hire a separate professional for inspections, these reviews are essential to verify compliance with the sealed design and applicable codes and standards.

In support of this, Engineers Geoscientists Manitoba issued a statement in 2017 emphasizing:
“Professional Engineers are required to conduct site reviews for work represented in drawings they’ve sealed, or ensure a qualified person under their supervision does so—unless the contract explicitly states that site reviews will be conducted by others, and the drawings reflect this.”

Summary

• Engineers who seal foundation drawings are responsible for verifying soil conditions, this cannot be delegated to contractors or the AHJ.
• The 2024 Manitoba Building Code mandates that foundation drawings include detailed information about soil, rock, groundwater, and load conditions.
• Site reviews are mandatory in the City of Brandon and must be conducted by a qualified professional.
• A Letter of Certification confirming compliance with the sealed design and applicable codes must be submitted prior to occupancy.
• Disclaimers that attempt to shift responsibility away from the engineer are not compliant with provincial and municipal regulations.

The City of Brandon’s By-law can be viewed here: Building By-law No. 7258c

The special statement issued by EGM can be viewed here: SiteReviews.pdf

The 2020 National Building Code can be viewed here: National Building Code of Canada 2020

The latest edition of the Manitoba Amendments to the National Building Code (Regulation 78/2023) can be found here: Manitoba Building Code, M.R. 78/2023