REGINA, Sask. – As Henry’s Law takes effect Nov. 1, the Losco family as well as members of the Legislature marked the occasion this week of the changes coming into force.
The regulatory changes are named after Henry Losco, the 11 year old who died of carbon monoxide poisoning last year following a CO leak at a multiunit apartment building on Albert Street.
During the spring sitting, regulatory changes were brought in with support of both the main parties in the Legislature. As of Nov. 1 it will be a requirement that any multi-unit dwelling or any rental dwelling must have a carbon monoxide detector in any sleeping room or within 16 feet of any sleeping room.
On Thursday, parents Sergio Losco and Marina Hills, who advocated for those changes requiring carbon monoxide detectors in every unit, were at the Legislature where they met with Minister of Intergovernmental Affairs Eric Schmalz.
Schmalz said to reporters he was “truly inspired by their courage and their resilience through what most of us would consider to be unbearable circumstances.”
Schmalz said he shared some further encouraging news with the family that day that there are six other provinces or territories that are “seriously reviewing and potentially taking on Henry's Law in their jurisdiction.” Those are Alberta, British Columbia, Manitoba, New Brunswick and the Yukon and Northwest Territories.
Schmalz said that earlier this year he had the opportunity to address the meeting of the Federal, Provincial and Territorial Ministers of municipalities about Henry's story. The minister said he was “immediately taken aback” by how many ministerial colleagues from across the country had come up and spoken to him about it.
“I said it repeatedly over the last number of days that Henry is going to save lives. He's going to save lives not only in Saskatchewan, he's going to save lives across this country through the advocacy of his parents and that is a tremendous legacy for someone so young.”
Marina spoke some more about the family’s advocacy efforts, which began soon after Henry died and as her husband Sergio was recovering from the carbon monoxide poisoning incident in hospital.
“When Sergio was in the hospital I sat down on his bed and said we have to do something about this, this isn't right. So we had two missions. Number one was to make sure this never ever happened again to any other child and their family. To raise awareness through safety and education. And when Minister Schmalz sat us down a few minutes ago and told us that six provinces were on board and that this could go federal to the National Building Code, we found it hard to process — because the government did exactly what they said they were going to do.”
Marina also paid tribute to the advocacy by NDP MLAs Meara Conway and Erika Ritchie.
“Meara came to my son's funeral before I even knew her, so she has been with us from the very beginning, and when we sat down with Carla Beck, Meara and Erica at a big table they said we are here to listen what do you want which helped start this, this mission, this initiative.”
As for the legacy their son had left, Marina said it would live on.
“It leaves us a little speechless. We can talk at home through our crying and helping each other through this but to stand here and say that this actually happened, we've been unable to really absorb this.”
She said their son Henry “was kind, he still believed in Santa, he believed in the magic of Christmas and we unfortunately didn't get to have our Christmas with him last year because he died on the 19th and this has forever changed us. He was a good son, he was good to us — we were very, very close, the three of us. We lived for our son, and now that he's gone we've had to figure out what we're going to do next, what our next steps are in life and how we're going to keep his legacy alive. First through education and safety and advocacy, and second through justice.”
By “justice,” Marina said she was referring to the lawsuit that was filed earlier this year against four companies alleging negligence in the death of Henry Losco.
She said the process is “ongoing. The wheels of Canadian justice are unfortunately really slow but we have nothing but time now.”
How enforcement of Henry’s Law will work
As for how the new requirements are going to be enforced, Schmalz said that through the regulation “we provide the framework under which municipalities are able to enforce this.”
“It's going to be required in new construction building inspections. They will be looking for it immediately. The rollout and uptake has already, you know, seen significant interest from our hotels in the province. They're interested in keeping their people and their occupants safe in the hotels in this province. Hospitality Saskatchewan CEO Jim Bence has been right there with us shoulder-to-shoulder. Rental Housing Saskatchewan CEO Landon Field also, again, strong advocate and supporter throughout this process.”
Schmalz also said penalties are going to be determined through the fine tables within the Municipalities Act for this type of contravention of the building code.
As for the enforcement side, Schmalz said they want to “make sure that we're providing people and landlords and businesses opportunity to correct, course correct, and make these adjustments. Perhaps with a warning first and then a stepped approach going forward. So those processes are done through the municipalities.”
He said municipalities have the ability, and alternatively the government through TSASK — the Technical Safety Authority of Saskatchewan — to come in and provide that technical standard inspection. But Schmalz also urged the public to be interested in the issue and bring it up with landlords.
“I would say this to the public, if you are a prospective renter and this law is in effect, please ask the landlord. When you're inspecting your rental property, have a look around. If you don't see any carbon monoxide detection, talk to the landlord about it. If you're a current renter and you don't see any action being taken after this comes into effect, talk to the landlord. If you're not getting in with the landlord, talk to the rentalsman. If not, then contact your municipality. Those are the steps that we're going to be able to really make this effective beyond just an official coming in and doing inspections.”
Schmalz said it was his hope people “would give the benefit of the doubt to the landlord,” assuming that the landlord “would be operating on the up-and-up and wanting to be in compliance with this new measure. I'm sure that a conversation would be the first place to start and if there is an issue with that, the stepped-up approach, I think, is the correct way to do it.”
