Part 3 - Docs

Section 3.1 Qualifications for Chief Building Officials and Inspectors

3.1.1. Scope and Definition

3.1.1.1. Scope

(1)Except as provided in Sentence (2), this Section prescribes, for the purposes of subsections 15.11(1), (2) and (3) of the Act,

(a)the qualifications that a person must satisfy to be appointed and to remain appointed as,

(i)a chief building official under the Act, or

(ii)an inspector who has the same powers and duties as a chief building official in relation to plumbing,

(b)the qualifications that a person must satisfy to be appointed and to remain appointed as,

(i)an inspector who has the same powers and duties as a chief building official in relation to sewage systems, or

(ii)an inspector whose duties include plans review or inspection of sewage systems under the Act, and

(c)the qualifications that a person must satisfy to be appointed and to remain appointed as an inspector under the Act, other than an inspector described in Subclause (a)(ii) or (b)(i) or (ii).

(2)The qualification requirements for chief building officials and inspectors in Sentence (1) do not apply to plans review and inspection of,

(a)site services including,

(i)surface drainage, and

(ii)plumbing located underground either outside a building or under a building,

(b)construction of a factory-built house certified to CSA A277, “Procedure for Factory Certification of Buildings,”

(c)construction of a mobile home conforming to CSA Z240 MH Series, “Manufactured Homes,”

(d)construction of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers,” or

(e)signs.

3.1.1.2. Definition

(1)In this Section, “registered” means registered under Sentence 3.1.2.2.(1), 3.1.3.2.(1) or 3.1.4.2.(1), as applicable.

3.1.2. Chief Building Officials

3.1.2.1. Qualifications

(1)The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as a chief building official or as an inspector who has the same powers and duties as a chief building official in relation to sewage systems or plumbing:

(a)the person must be registered with the director.

(2)A registration shall be in a form established by the director.

3.1.2.2. Registration and Renewal of a Registration

(1)Subject to Article 3.1.5.6., the director may register an applicant, or renew a registration, if,

(a)the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code and the powers and duties of chief building officials,

(b)the applicant or registered person also has the qualification set out in Sentence 3.1.4.1.(1), in the case of an applicant or registered person who, under subsection 22(2) of the Act, will also exercise any of the powers or perform any of the duties of an inspector,

(c)the application is complete, and

(d)all fees required under Article 3.1.5.3. are paid.

(2)Subject to Article 3.1.5.6., a person who, on December 31, 2024, is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.1.5.5. of Division C of that regulation is deemed to be registered under Sentence 3.1.2.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires.

(3)For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, has the qualifications set out in Clause 3.1.2.2.(1)(a) or (b), as applicable, of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.1.2.2.(1)(a) or (b), as applicable, of this Code.

3.1.3. Supervisors and Managers

3.1.3.1. Qualifications

(1)The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties are solely the supervision or management of inspectors:

(a)the person must be registered with the director.

(2)A registration shall be in a form established by the director.

3.1.3.2. Registration and Renewal of a Registration

(1)Subject to Article 3.1.5.6., the director may register an applicant, or renew a registration, if,

(b)the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code in any one category of qualification set out in Column 2 of Table 3.5.2.1.,

(c)the application is complete, and

(d)all fees required under Article 3.1.5.3. are paid.

(2)Subject to Article 3.1.5.6., a person who, on December 31, 2024 is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.1.5.5. of Division C of that regulation is deemed to be registered under Sentence 3.1.2.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires.

3.1.4. Inspectors

3.1.4.1. Qualifications

(1)Except as provided in Article 3.1.4.3. or 3.1.4.4., the following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties include plans review or inspection under the Act:

(a)the person must be registered with the director.

(2)A registration shall be in a form established by the director.

3.1.4.2. Registration and Renewal of a Registration

(1)A person may be appointed or remain appointed under the Act as an intern inspector whose duties include supervised plans review or inspection under the Act, even if the person does not have the qualification set out in Article 3.1.4.1., if the person is enrolled in an internship program that,

(a)the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made,

(b)meets the minimum requirements described in Sentence (2).

(c)all fees required under Article 3.1.5.3. are paid.

(a)the internship program in a municipality shall be established and administered by the chief building official of the municipality,

(b)the chief building official shall notify the director in writing within 30 days of the date an internship program is established, altered or revoked,

(c)the chief building official shall establish and maintain a written policy with respect to the,

(i)enrolment of persons in the internship program, and

(ii)the supervision of an intern inspector by an inspector or chief building official who is registered in the class of registration in respect of which the intern inspector will exercise the powers or perform the duties,

(d)the chief building official shall ensure that the written policy described in Clause (c) is brought to the attention of the public,

(e)every 12 months, the chief building official shall prepare and transmit to the director a report that contains information about,

(i)the number of intern inspectors that entered or left the internship program in the past 12 months,

(ii)the number of intern inspectors that were enrolled in the internship program that became registered with the director under Sentence 3.1.4.2.(1) in the past 12 months,

(iii)the number of intern inspectors enrolled in the internship program at any point in the past 12 months who has been trained or practiced as a building official in a country other than Canada, and

(iv)the number of persons who were refused enrolment in the program or whose enrolment in the program was terminated,

(f)subject to Sentence (3), each intern inspector enrolled in the internship program in respect of a type of building described in Column 3 of Table 3.5.2.1. is not eligible to be enrolled in the program in respect of that type of building for longer than 18 months, and

(g)the chief building official shall provide to the director such information as the director requests. (3) The director may, at the request of a chief building official, authorize an intern inspector to be enrolled in a program for more than 18 months if the director has reasonable grounds to believe there are extenuating circumstances including maternity or parental leave, illness, disability, bereavement or personal hardship. (4) The chief building official shall notify the director of any failure in construction or demolition or in the enforcement of the Act or this Code associated with the internship program or a person enrolled in the program within 10 days of the chief building official becoming aware of the failure. (5) The director may terminate a program described in Clause (1)(b) if the director has reasonable grounds to believe the program has or will result in a failure in construction or demolition or in the enforcement of the Act or this Code associated with the internship program or a person enrolled in the program. (6) An intern inspector who is exempt under Sentence (1) shall be supervised by an inspector or chief building official who is registered in the class of registration in respect of which the intern inspector will exercise the powers or perform the duties.

3.1.4.4. Qualifications for Maintenance Program Inspectors

(1)A person may be appointed or remain appointed under the Act as an inspector whose duties include maintenance inspections of sewage systems, even if the person does not have the qualification set out in Article 3.1.4.1. in respect of these duties.

(2)An inspector who is exempt under Sentence (1) is authorized to conduct maintenance inspections of sewage systems only if the following conditions are met:

(a)the person is supervised by an inspector or chief building official who is registered in the class of registration described in Column 1 of Item 10 of Table 3.5.2.1., and

(b)the person does not issue orders under the Act.

3.1.5. Qualifications — Chief Building Officials, Supervisors and Managers, and Inspectors

3.1.5.1. Application for Registration or Renewal of a Registration

(1)An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2)An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed.

(3)An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.1.5.5.

(4)An application for registration or renewal of a registration shall,

(a)set out the applicant’s or registered person’s name, residence address, residential mailing address, if different from the residence address, and email address, if applicable,

(b)set out the name of every principal authority that has appointed the person as a chief building official or inspector under the Act, and

(c)contain evidence, provided by the applicant or registered person, that the applicant or registered person has the qualifications set out in Clauses 3.1.2.2.(1)(a) and (b), 3.1.3.2.(1)(a) and (b), or 3.1.4.2.(1)(a), as applicable.

3.1.5.2. Term

(1)A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.

3.1.5.3. Fees

(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.1.2.2.(1)(a), 3.1.3.2.(1)(a) or

(b)or 3.1.4.2.(1)(a) is $150.

(2)The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.

3.1.5.4. Not Transferable

(1)A registration is not transferable.

3.1.5.5. Conditions

(1)The following are the conditions of a registration:

(a)the registered person shall, within 15 days after the event, notify the director in writing of any change in the information set out in Clause 3.1.5.1.(4)(a) or (b), and

(b)in the case of an inspector registered under Sentence 3.1.4.2.(1), the person shall exercise his or her powers and perform his or her duties only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the person.

3.1.5.6. Suspension, Revocation, Refusal to Register or Renew a Registration

(1)The director may, in the circumstances set out in Sentence (2),

(a)refuse to register an applicant or to renew a registration, or

(b)suspend or revoke a registration.

(2)The circumstances referred to in Sentence (1) are,

(a)the registered person is in breach of a condition of the registration,

(b)the registration was issued on the basis of mistaken, false or incorrect information,

(c)an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid,

(d)the application is incomplete, or

(e)any fees required under Article 3.1.5.3. remain unpaid.

(3)If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration, the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.

(4)A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(5)If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes, the Tribunal may substitute its opinion for that of the director.

(7)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(8)Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.

(9)If, within the time period set out in Sentence 3.1.5.1.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.1.5.3., the registration is deemed to continue until the earlier of,

(a)the day the registration is renewed, and

(b)if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order.

3.1.6. Public Register

3.1.6.1. Public Register

(1)The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsections 15.11(1), (2) and (3) of the Act and has been appointed as a chief building official or inspector by a principal authority.

(2)The register referred to in Sentence (1) shall contain the following information with respect to each registered person:

(a)the name of the registered person,

(b)any identifying number assigned by the director to the registered person,

(c)the name and address of each principal authority that has appointed the registered person as a chief building official or inspector, and

(d)the classes of registration of the registered person.

3.1.7. Classes of Registration and Categories of Qualifications

3.1.7.1. Classes and Categories

(1)Table 3.5.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section.

Section 3.2 Qualifications for Designers

3.2.1. Scope

3.2.1.1. Scope

(1)This Section prescribes, for the purposes of clause 8(2)(c) and subsection 15.11(5) of the Act, the qualifications for a person who carries out design activities.

3.2.2. Other Designers

3.2.2.1. Other Designers

(1)Every person who carries out design activities must have the qualification set out in Sentence 3.2.5.1.(1), if the person is not required to have the qualification set out in Sentence 3.2.4.1.(1).

3.2.3. Definition

3.2.3.1. Definition

(1)“Registered” means,

(a)in Subsection 3.2.4., registered under Sentence 3.2.4.2.(1), and

(b)in Subsection 3.2.5., registered under Sentence 3.2.5.2.(1).

3.2.4. Qualifications – Persons Engaged in the Business of Providing Design Activities to the Public

3.2.4.1. General

(1)Except as provided in Sentences (3) and (4), every person engaged in the business of providing design activities to the public must have the following qualification:

(a)the person must be registered with the director.

(2)A registration shall be in a form established by the director.

(3)A person is exempt from the requirement to comply with the qualification in Sentence (1), if the person’s design activities relate only to,

(a)construction of a home as defined under the Ontario New Home Warranties Plan Act that will be constructed or sold by that person, if the person is a builder or vendor as defined in that Act and is registered under that Act,

(b)construction of a building that is owned by that person,

(c)construction of a farm building that,

(i)is of low human occupancy, other than Group G, Division 4, agricultural occupancies with no human occupants.

(ii)is 2 storeys or less in building height, and

(iii)has a building area of less than 600 m²,

(d)the extension, material alteration or repair of a house,

(e)a sewage system to be constructed by that person if the person is registered under Article 3.3.3.2.,

(f)construction of tents described in Sentence 3.14.1.2.(2) of Division B,

(g)construction of signs,

(h)construction of site services, including,

(i)construction of a factory-built house certified to CSA A277, “Procedure for Certification of Prefabricated Buildings, Modules, and Panels”,

(ii)plumbing located underground, either outside a building or under a building,

(j)construction of a mobile home conforming to CSA Z240 MH Series, “Manufactured Homes”,

(k)construction of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers”,

(l)construction of pre-engineered elements of a building, if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances,

(m)construction of appliances, equipment and similar incidental components of a building, or

(n)construction of a building for which a permit under section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued. (4) A person is exempt from the requirements to comply with the qualification in Sentence (1), if the person’s design activities are with respect to a house and the design activities relate only to,

3.2.4.2. Registration and Renewal of a Registration

(1)Subject to Articles 3.2.4.8. and 3.2.4.9., the director may register an applicant, or renew a registration, in each class of registration applied for, if,

(a)the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made,

(b)all other persons engaged by the applicant or registered person who will review and take responsibility for design activities provided to the public by the applicant or registered person for the purposes of Clause 3.2.4.7.(1)(d) have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made,

(c)the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for,

(d)the application is complete, and

(e)all fees required under Article 3.2.4.5. are paid.

(2)Subject to Articles 3.2.4.8. and 3.2.4.9. a person who, on December 31, 2024, is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.4.7. of Division C of that regulation is deemed to be registered under Sentence 3.2.4.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires.

(3)For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, is registered under Clause 3.2.4.2.(1)(a) or (b), as applicable, of Division C of Ontario Regulation 332/12 (Building Code) made under the Act in a class of registration is deemed to have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b), as applicable, of this Code, in the class of registration.

3.2.4.3. Application for Registration or Renewal of a Registration

(1)An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2)An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed.

(3)An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.2.4.7.

(4)If a partnership or a corporation is the applicant for registration or renewal of a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be.

(5)An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who,

(a)have the qualifications set out in Clause 3.2.4.2.(1)(a) in the class or classes of registration for which the application is made, and

(b)have the qualifications set out in Clause 3.2.4.2.(1)(b) and will review and take responsibility for the design activities provided to the public by the applicant or registered person in the class or classes of registration for which the application is made.

(6)An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b).

(7)An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person in such form and in such detail as may be required by the director, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.

3.2.4.4. Term

3.2.4.5. Fees

(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.4.2.(1)(a) or

(b)is $150.

(2)The fee for a registration is $202, for 2025 and subsequent calendar years.

(3)The fee for the addition of a new class of registration is $44, for 2024 and subsequent calendar years.

(4)The fee for renewal of a registration is $152, for 2025 and subsequent calendar years.

3.2.4.6. Not Transferable

(1)A registration is not transferable.

3.2.4.7. Conditions

(1)The following are the conditions of a registration:

(a)the registered person shall carry out design activities only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the registered person,

(b)if the registered person is a corporation or partnership, there must throughout the term of the registration be an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 3.2.4.2.(1)(a) for each class of registration set out in Column 1 of Table 3.5.2.1. that is held by the registered person,

(iv)the person’s signature,

(c)the registered person shall ensure that a person who has the qualifications set out in Clause 3.2.4.2.(1)(a) or

(d)the registered person shall ensure that a person described in Clause (c) who reviews and takes responsibility for design activities provided to the public by the registered person shall include the following information on any document submitted to a chief building official or registered code agency in the circumstances set out in subsection 15.11(5) of the Act:

(i)the name of the registered person and any registration number issued to the registered person by the director,

(ii)a statement that the person has reviewed and taken responsibility for the design activities,

(iii)the person’s name and any identifying number issued to the person by the director in respect of the qualifications described in Clause 3.2.4.2.(1)(a) or

(e)the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 3.6.2.,

(f)the registered person shall, within 15 days after the event, notify the director in writing of,

(i)any change in address of the registered person for correspondence relating to the registration, and

(ii)any change in the information set out in Sentences 3.2.4.3.(4) and (5),

(g)the registered person shall give prompt written notice to the director of any material change in any of the information, other than the information referred to in Clause (f), that is contained in or accompanies an application for registration or renewal of a registration,

(h)the registered person shall, from time to time, at the registered person’s expense, give the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and

(i)the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.

3.2.4.8. Suspension, Revocation, Refusal to Register or Renew a Registration

(1)The director may, in the circumstances set out in Sentence (2),

(a)refuse to register an applicant or to renew a registration, or

(b)suspend or revoke a registration.

(2)The circumstances referred to in Sentence (1) are,

(a)the registered person is in contravention of the Act or this Code,

(b)the registered person is in breach of a condition of the registration other than the condition set out in Clause 3.2.4.7.(1)(f),

(c)the registration was issued on the basis of mistaken, false or incorrect information,

(d)the director is of the opinion that the past conduct of the applicant or registered person or, if the applicant or registered person is a partnership or a corporation, the partners, officers or directors of the applicant or registered person, as the case may be, affords reasonable grounds for belief that the business that would be or is authorized by the registration will not be carried on in accordance with law,

(e)the application is incomplete, or

(f)any fees required under Article 3.2.4.5. remain unpaid.

(3)If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration under Sentence (1), the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.

(5)If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(7)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(9)If, within the time period set out in Sentence 3.2.4.3.(2), the registered person has applied for renewal of a registration, paid the fee required under Article 3.2.4.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 3.6.2. for the term of the renewal of the registration, the registration is deemed to continue until the earliest of,

(a)the day the registration is renewed,

(c)the day when the registered person ceases to be covered by the insurance required under Subsection 3.6.2.

3.2.4.9. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew Registration

(1)The director shall, in the circumstances set out in Sentence (2),

(a)refuse to register an applicant,

(b)refuse to renew a registration, or

(c)suspend or revoke a registration.

(2)The circumstances referred to in Sentence (1) are that,

(a)the applicant or registered person is not covered by the insurance required under Subsection 3.6.2., or

(b)an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and no registration be issued to the person until a fine is paid.

(3)If the director refuses to register an applicant, refuses to renew a registration or suspends or revokes a registration under Sentence (1), the director shall serve a notice of the refusal, suspension or revocation, together with the reasons for it, on the applicant or registered person.

(4)A suspension or revocation of a registration under Sentence (1) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the suspension or revocation of the registration.

(5)A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(6)The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may grant the stay subject to conditions.

(7)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (5), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, as the case may be, and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(8)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

3.2.5. Qualifications — Other Designers

3.2.5.1. General

(1)Except as provided in Sentence (3), a person who carries out design activities but is not required under Sentence 3.2.4.1.(1) to be registered with the director under Sentence 3.2.4.2.(1) must have the following qualification:

(a)the person must be registered with the director under Sentence 3.2.5.2.(1).

(2)A registration shall be in a form established by the director.

(3)A person is exempt from the requirement to comply with the qualification in Sentence (1), if his or her design activities relate only to,

(a)design activities in respect of which a person described in Clause 3.2.4.7.(1)(c) or who has the qualification required under Sentence (1) will review and take responsibility,

(b)construction of,

(i)a house owned by the person, or

(ii)an ancillary building that serves,

(A)a house described in Subclause (i), or

(B)an individual dwelling unit in a house described in Subclause (i),

(c)construction of a farm building that,

(i)is of low human occupancy,

(ii)is 2 storeys or less in building height, and

(iii)has a building area of less than 600 m²,

(d)a sewage system to be constructed by that person and,

(i)the person is registered under Article 3.3.3.2., or

(ii)the sewage system is owned by the person,

(e)construction of tents described in Sentence 3.14.1.2.(2) of Division B,

(f)construction of signs,

(g)construction of site services including,

(i)surface drainage, and

(ii)plumbing located underground, either outside a building or under a building,

(h)construction of pre-engineered elements of a building, if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances,

(i)construction of appliances, equipment and similar incidental components of a building,

(j)construction of an ancillary building,

(i)that serves a house or an individual dwelling unit in a house, and

(ii)that has a building area of not more than 55 m², or

(k)construction of a building for which a permit under section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued.

3.2.5.2. Registration and Renewal of a Registration

(1)Subject to Article 3.2.5.7., the director may register an applicant, or renew a registration, in each class of registration applied for, if,

(b)the application is complete, and

(c)all fees required under Article 3.2.5.5. are paid.

(2)Subject to Article 3.2.5.7., a person who, on December 31, 2024, is registered under Sentence 3.2.5.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.5.6. of Division C of that regulation is deemed to be registered under Sentence 3.2.5.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires.

(3)For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, has the qualifications set out in Clause 3.2.5.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.2.5.2.(1)(a) of this Code.

3.2.5.3. Application for Registration or Renewal of a Registration

(1)An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2)An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed.

(3)An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.2.5.6.

(4)An application for registration or renewal of a registration shall,

(a)set out the applicant’s or registered person’s name, residence address, residential mailing address, if different from the residence address, and email address, if applicable, and

(b)contain evidence, provided by the applicant or registered person, that the applicant or registered person has the qualifications set out in Clause 3.2.5.2.(1)(a).

3.2.5.4. Term

3.2.5.5. Fees

(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.5.2.(1)(a) is $150.

(2)The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.

3.2.5.6. Conditions

(1)The following are the conditions of a registration:

(b)the registered person shall, within 15 days after the event, notify the director in writing of any change in the information set out in Clause 3.2.5.3.(4)(a),

(c)the registered person shall include the following information on any document respecting design activities that the person has reviewed and taken responsibility for and that is submitted to a chief building official or registered code agency in the circumstances set out in subsection 15.11(5) of the Act:

(i)the person’s name and any identifying number assigned to the person by the director in respect of the person’s registration,

(ii)a statement that the person has reviewed and taken responsibility for the design activities, and

(iii)the person’s signature.

3.2.5.7. Suspension, Revocation, Refusal to Register or Renew a Registration

(1)The director may, in the circumstances set out in Sentence (2),

(a)refuse to register an applicant or to renew a registration, or

(b)suspend or revoke a registration.

(2)The circumstances referred to in Sentence (1) are,

(a)the registered person is in breach of a condition of the registration,

(b)the registration was issued on the basis of mistaken, false or incorrect information,

(d)the application is incomplete, or

(e)any fees required under Article 3.2.5.5. remain unpaid.

(5)If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(7)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(9)If, within the time period set out in Sentence 3.2.5.3.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.2.5.5., the registration is deemed to continue until the earlier of,

(a)the day the registration is renewed, and

3.2.6. Public Register

3.2.6.1. Public Register

(1)The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by clause 8(2)(c) and subsection 15.11(5) of the Act.

(2)The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.4.2.(1):

(a)the name of the registered person,

(b)any identifying number assigned by the director to the registered person, and

(c)the classes of registration of the registered person.

(d)the classes of registration of the registered person,

(e)the names of the person or persons who will review and take responsibility for design activities carried out by the registered person in each class of registration, and

(f)any identifying number assigned by the director to the person or persons referred to in Clause (e). (3) The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.5.2.(1):

3.2.7. Classes of Registration and Categories of Qualifications

3.2.7.1. Classes and Categories

(1)Table 3.5.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section.

Section 3.3 Qualifications for Persons Engaged in the Business of Constructing On Site, Installing, Repairing, Servicing, Cleaning or Emptying Sewage Systems

3.3.1. Scope

3.3.1.1. Scope

(1)This Section prescribes, for the purposes of subsection 15.12(1) of the Act, the qualifications for persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems.

3.3.2. Definition

3.3.2.1. Definition

(1)In this Section, “registered” means registered under Sentence 3.3.3.2.(1).

3.3.3. Qualifications

3.3.3.1. General

(1)Persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems shall have the following qualification:

(a)the person must be registered with the director.

(2)A registration shall be in a form established by the director.

(3)A person is exempt from the requirement to comply with the qualification in Sentence (1) in respect of the activities of cleaning and emptying sewage systems if,

(a)the person has been issued,

(i)before October 31, 2011, a certificate of approval under section 39 of the Environmental Protection Act in respect of these activities, or

(ii)on or after October 31, 2011, an environmental compliance approval under the Environmental Protection Act in respect of these activities, and

(b)the certificate of approval or the environmental compliance approval, as applicable, has not been suspended or revoked under that Act.

3.3.3.2. Registration and Renewal of a Registration

(1)Subject to Article 3.3.3.8., the director may register an applicant, or renew a registered person’s registration, if,

(a)all persons who will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the applicant or registered person have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act, this Code and the construction, maintenance and operation of sewage systems,

(b)the application is complete, and

(c)all fees required under Article 3.3.3.5. are paid.

(2)Subject to Article 3.3.3.8., a person who, on December 31, 2024, is registered under Sentence 3.3.3.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.3.3.7. of Division C of that regulation is deemed to be registered under Sentence 3.3.3.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires.

(3)For the purposes of a registration or a renewal of a registration, a person who, on December 21, 2024, has the qualifications set out in Clause 3.3.3.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.3.3.2.(1)(a) of this Code.

3.3.3.3. Application for Registration or Renewal of a Registration

(1)An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2)An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed.

(3)An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.3.3.7.

(a)have the qualifications set out in Clause 3.3.3.2.(1)(a), and

(b)will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems to be carried out by the applicant or registered person.

3.3.3.4. Term

(1)A registration expires one year after the date of its issuance.

3.3.3.5. Fees

(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.3.3.2.(1)(a) is $150.

(2)The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.

3.3.3.6. Not Transferable

(1)A registration is not transferable.

3.3.3.7. Conditions

(1)The following are the conditions of a registration:

(a)the registered person shall ensure that the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person is supervised by a person who has the qualifications set out in Clause 3.3.3.2.(1)(a),

(b)the registered person shall, within 15 days after the event, notify the director in writing of,

(i)any change in address of the registered person for correspondence relating to the registration, and

(ii)any change in the information set out in Sentences 3.3.3.3.(4) and (5),

(c)the registered person shall give prompt written notice to the director of any material change in any of the information, other than the information referred to in Clause (b), that is contained in or accompanies an application for registration or renewal of a registration,

(d)the registered person shall, from time to time, at the registered person’s expense, give the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and

(e)the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.

3.3.3.8. Suspension, Revocation, Refusal to Register or Renew a Registration

(1)The director may, in the circumstances set out in Sentence (2),

(a)refuse to register an applicant or to renew a registration, or

(b)suspend or revoke a registration.

(2)The circumstances referred to in Sentence (1) are,

(a)the registered person is in contravention of the Act or this Code,

(b)the registered person is in breach of a condition of the registration,

(c)the registration was issued on the basis of mistaken, false or incorrect information,

(e)an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid,

(f)the application is incomplete, or

(g)any fees required under Article 3.3.3.5. remain unpaid.

(5)If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(7)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(9)If, within the time period set out in Sentence 3.3.3.3.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.3.3.5., the registration is deemed to continue until the earlier of,

(a)the day the registration is renewed, and

3.3.4. Public Register

3.3.4.1. Public Register

(1)The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsection 15.12(1) of the Act.

(2)The register referred to in Sentence (1) shall contain the following information with respect to every registered person:

(a)the name of the registered person,

(b)any identifying number assigned by the director to the registered person,

(c)the business address of the registered person,

(d)the names of the person or persons who will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person, and

(e)any identifying number assigned by the director to the person or persons referred to in Clause (d).

Section 3.4 Qualifications for Registered Code Agencies

3.4.1. Scope

3.4.1.1. Scope

(1)This Section prescribes, for the purposes subsection 15.11(4) of the Act, the qualifications that a person must have in order to be eligible to be appointed as a registered code agency under the Act.

3.4.2. Definition

3.4.2.1. Definition

(1)In this Section, “registered” means registered under Sentence 3.4.3.2.(1).

3.4.3. Qualifications

3.4.3.1. General

(1)The following are prescribed as qualifications for persons to be appointed under the Act as a registered code agency:

(a)the person must be registered with the director.

(2)A registration shall be in a form established by the director.

3.4.3.2. Registration and Renewal of a Registration

(1)Subject to Articles 3.4.3.8. and 3.4.3.9., the director may register an applicant, or renew a registered person’s registration, in each class of registration applied for, if,

(a)the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code and the powers and duties of a registered code agency,

(b)the applicant or registered person or, if the applicant or registered person is a corporation or partnership, one or more directors, officers, partners or employees of the applicant or registered person, have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.2. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.2. for which application is made,

(c)all persons who will carry out plans review and inspection activities on behalf of the registered person have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.2. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.2. for which application is made,

(d)the applicant or registered person has in place a quality management plan referred to in Sentence 3.4.3.3.(3) for carrying out the activities of the applicant or registered person under the registration that is acceptable to the director,

(e)the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for,

(f)the application is complete, and

(g)all fees required under Article 3.4.3.5. are paid.

(2)Subject to Articles 3.4.3.8. and 3.4.3.9., a person who, on December 31, 2024, is registered in a class of registration under Sentence 3.4.3.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.4.3.7. of Division C of that regulation is deemed to be registered in the class of registration under Sentence 3.4.3.2.(1) of this Code, and for these purposes, the person’s registration in the class of registration is deemed to continue until its term expires.

(3)For the purposes of a registration or a renewal of a registration,

(a)a person who, on December 31, 2024, has the qualifications set out in Clause 3.4.3.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.4.3.2.(1)(a) of this Code,

(b)a person who, on December 31, 2024, has the qualifications set out in Clause 3.4.3.2.(1)(b) of Division C of Ontario Regulation 332/12 in a class of registration is deemed to have the qualifications set out in Clause 3.4.3.2.(1)(b) of this Code in the class of registration, and

(c)a person who, on December 31, 2024, has the qualifications set out in Clause 3.4.3.2.(1)(c) of Division C of Ontario Regulation 322/12 in a class of registration is deemed to have the qualifications set out in Clause 3.4.3.2.(1)(c) of this Code in the class of registration.

3.4.3.3. Application for Registration or Renewal of a Registration

(1)An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2)An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed.

(3)An application for registration or renewal of a registration shall include a quality management plan for carrying out the activities of the applicant or registered person under the registration, including, without limitation,

(a)procedures relating to the commencement of activities as a registered code agency, including procedures to verify that the applicant or registered person is qualified to undertake the activities and to verify that there exists no conflict of interest within the meaning of Sentence 3.7.2.1.(4),

(b)identification of the responsibilities of persons who will carry out plans review and inspection activities of the applicant or registered person and procedures for the supervision of those persons,

(c)procedures for assessing plans and specifications for conformity with this Code, including procedures for the assessment of alternative solutions,

(d)procedures for inspecting the construction of buildings,

(e)procedures for receipt of notices that construction is ready for inspection and of written reports from architects and professional engineers arising out of the general review of the construction of buildings,

(f)procedures for the issuance of certificates and orders under the Act, including the responsibility of the persons with the qualifications set out in Sentences 3.7.4.3.(1) and (2),

(g)procedures for referral of matters to a chief building official under subsection 14(5) of the Act,

(h)procedures for participation of the applicant or registered person in proceedings before the Building Code Commission under section 24 of the Act and before the Superior Court of Justice under section 25 of the Act,

(i)procedures for documenting the activities of the applicant or registered person under the registration, including data control, records retention and the maintenance of security and confidentiality of records, and transferring records to the principal authority,

(j)procedures for training and supervision of personnel, and

(k)procedures for the review and updating of the quality management plan.

(4)An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.4.3.7.

(5)If a partnership or a corporation is the applicant for registration or renewal of a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be.

(6)An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who,

(a)have the qualifications set out in Clause 3.4.3.2.(1)(a),

(b)have the qualifications set out in Clause 3.4.3.2.(1)(b) in the class or classes of registration for which the application is made, and

(c)have the qualifications set out in Clause 3.4.3.2.(1)(c) in the class or classes of registration for which the application is made and will exercise powers and perform functions under the Act on behalf of the applicant or registered person in that class of registration.

(7)An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (6) have the qualifications set out in Clause 3.4.3.2.(1)(a),

(b)or (c).

(8)An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person in such form and in such detail as may be required by the director, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.

3.4.3.4. Term

(1)A registration expires one year after the date of its issuance.

3.4.3.5. Fees

(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.4.3.2.(1)(a),

(b)or

(c)is $150.

(2)The fee for a registration is $484, for 2025 and subsequent calendar years.

(3)The fee for the addition of a new class of registration is $82, for 2024 and subsequent calendar years.

(4)The fee for renewal of a registration is $356, for 2025 and subsequent calendar years.

3.4.3.6. Not Transferable

(1)A registration is not transferable.

3.4.3.7. Conditions

(1)The following are the conditions of a registration:

(a)the registered person shall carry out activities under the registration in accordance with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d),

(b)if the registered person is a corporation or partnership, during the term of the registration there must be,

(i)an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 3.4.3.2.(1)(a), and

(ii)one or more officers, directors, partners or employees of the registered person who have the qualifications set out in Clause 3.4.3.2.(1)(b) in respect of each class of registration that is held by the registered person,

(c)the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 3.6.2.,

(d)the registered person shall, within 15 days after the event, notify the director in writing of,

(i)any change in address of the registered person for correspondence relating to the registration, and

(ii)any change in the information set out in Sentences 3.4.3.3.(5) and (6),

(e)the registered person shall give prompt written notice to the director of any material change in any of the information, other than the information referred to in Clause (d), that is contained in or accompanies an application for registration or renewal of a registration,

(f)the registered person shall, from time to time, at the registered person’s expense, give to the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and

(g)the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.

3.4.3.8. Suspension, Revocation, Refusal to Register or Renew a Registration

(1)The director may, in the circumstances set out in Sentence (2),

(a)refuse to register an applicant,

(b)refuse to renew a registration, or

(c)suspend or revoke a registration.

(2)The circumstances referred to in Sentence (1) are,

(a)the registered person is in contravention of the Act or this Code,

(b)the registered person is in breach of a condition of the registration other than the condition set out in Clause 3.4.3.7.(1)(d),

(c)the registration was issued on the basis of mistaken, false or incorrect information,

(e)the director is of the opinion that there are reasonable grounds for belief that the activities of the applicant or registered person are or will be carried on in a manner that poses a threat to public safety,

(f)the application is incomplete, or

(g)any fees required under Article 3.4.3.5. remain unpaid.

(5)If an applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(7)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(8)A proposal to suspend or revoke a registration by reason of Clause (2)(e) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the proposal to suspend or revoke the registration.

(9)The Tribunal may, on the application of the registered person, stay the operation of the proposal of the director to suspend or revoke the registration, and may grant the stay subject to conditions.

(10)Sentences (3) to (9) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.

(11)Subject to Sentence (8), if within the time period set out in Sentence 3.4.3.3.(2) a registered person has applied for renewal of a registration, paid the fee required under Article 3.4.3.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 3.6.2. for the term of the renewal of the registration, the registration is deemed to continue until the earliest of,

(a)the day the registration is renewed,

(c)the day when the registered person ceases to be covered by the insurance required under Subsection 3.6.2.

3.4.3.9. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew a Registration

(1)The director shall, in the circumstances set out in Sentence (2),

(a)refuse to register an applicant,

(b)refuse to renew a registration, or

(c)suspend or revoke a registration.

(2)The circumstances referred to in Sentence (1) are that,

(a)the applicant or registered person is not covered by the insurance required under Subsection 3.6.2., or

(b)an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and no registration be issued to that person until a fine is paid.

(5)The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may make the stay subject to conditions.

(6)A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(7)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (6), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, as the case may be, and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for such purposes the Tribunal may substitute its opinion for that of the director.

(8)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

3.4.4. Public Register

3.4.4.1. Public Register

(1)The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsection 15.11(4) of the Act.

(2)The register referred to in Sentence (1) shall contain the following information with respect to every registered person:

(a)the name of the registered person,

(b)any identifying number assigned by the director to the registered person,

(c)the business address of the registered person,

(d)the classes of registration of the registered person, and

(e)the names of any persons who will exercise powers and perform functions under the Act on behalf of the registered person in each class of registration and any identifying number assigned by the director to that person.

3.4.5. Classes of Registration and Categories of Qualifications

3.4.5.1. Classes and Categories

(1)Table 3.5.2.2. contains the classes of registration and categories of qualifications for the purposes of this Section.

Section 3.5 Classes of Registration and Categories of Qualifications

3.5.1. Scope

3.5.1.1. Scope

(1)This Section sets out classes of registration and categories of qualifications for the purposes of Sections 3.1., 3.2., 3.4. and 3.7.

3.5.2. Classes of Registration and Categories of Qualifications

3.5.2.1. Inspectors and Persons Who Carry out Design Activities

(1)An inspector registered in one class of registration may carry out plans review and inspection in another class where to do so does not constitute a substantial part of the plans review or inspection on any project.

(2)A person registered in one class of registration may carry out design activities in another class where to do so does not constitute a substantial part of the design activities on any project.

3.5.2.2. Registered Code Agencies

(1)Table 3.5.2.2. sets out the classes of registration for registered code agencies and the categories of qualifications for persons described in Clauses 3.4.3.2.(1)(a) to (c).

Section 3.6 Insurance

3.6.1. Scope

3.6.1.1. Scope

(1)This Section prescribes, for the purposes of subsection 15.13(1) of the Act, the insurance coverage that registered code agencies and persons referred to in subsection 15.11(5) of the Act must have.

3.6.2. Insurance for Registered Code Agencies and Persons Referred to in Subsection 15.11(5) of the Act

3.6.2.1. Definition

(1)In this Subsection, “registered person” means a person who is registered under Sentence 3.2.4.2.(1) or 3.4.3.2.(1).

3.6.2.2. Scope

(1)Every registered person shall have insurance coverage under an insurance policy that satisfies the requirements set out in Article 3.6.2.3.

3.6.2.3. Insurance Coverage

(1)The insurance policy,

(a)shall indemnify the registered person against liability imposed by law arising out of the performance of or the failure to perform services as a registered person during any time while the person is registered under Sentence 3.2.4.2.(1) or 3.4.3.2.(1) for claims that are first made and reported to the insurer during the period of insurance or during any extended reporting period required by Clause (1)(c),

(b)shall set out the name of the registered person,

(c)in the case of a registered code agency registered under Sentence 3.4.3.2.(1),

(i)shall require an extended reporting period of two years for the purposes of giving notice of any claim or occurrence that the registered code agency could reasonably foresee might give rise to a claim, with respect to an event that occurs prior to the person ceasing to be insured,

(ii)shall provide that the extended reporting period described in Subclause

(iii)shall require the registered code agency to make full payment of all premiums for the extended reporting period referred to in Subclause

(d)shall provide for insurance coverage to commence,

(i)on the date the registered person becomes registered, or

(ii)in the case of a registered person previously insured in accordance with this Article, on the expiry of the previous policy,

(e)shall require the insurer to provide prompt written notice to the director if the policy is declared void for material misrepresentation,

(f)shall specify a limit of indemnity for any one claim and in the aggregate during any one period of insurance that is not less than,

(i)in the case of persons registered under Sentence 3.2.4.2.(1),

(A)$1,000,000 per claim and $2,000,000 in the aggregate, if the person billed $100,000 or more in fees in the 12 months immediately before the issuance of the policy,

(B)the amount of the insured’s estimated fees billings for the 12-month period immediately after the issuance of the policy, if the insured has been registered under Sentence 3.2.4.2.(1) less than one year before the issuance of the policy,

(ii)in the case of a registered code agency registered under Sentence 3.4.3.2.(1), $1,000,000 per claim and $2,000,000 in the aggregate, except that those limits shall apply exclusively to the exercise of the powers and performance of the duties of a registered code agency under the Act and shall be in addition to any insurance applicable to any other activities carried on by the registered code agency,

(i)the insured immediately replaces the policy with another policy that satisfies the requirements of this Article,

(iii)the notice described in Subclause

(C)$250,000 per claim and $500,000 in the aggregate, if the person billed $50,000 or less in fees in the 12 months immediately before the issuance of the policy, or

(D)the limits of indemnity for any one claim and in the aggregate that are set out in Sub-subclause (A),

(g)shall provide that any costs and expenses necessarily incurred by the insurer in the investigation, defence or settlement of claims under the policy shall not be part of the limit of indemnity set out in Clause (f) unless the limit of indemnity from any one claim exceeds $2,000,000,

(h)shall not provide that the insured shall be responsible for the first portion of any sum that the insured becomes legally liable to pay in respect of a claim made against him, her or it in respect of any one claim or occurrence in an amount exceeding the lesser of,

(i)$70,000, and

(ii)5% of,

(j)shall provide that it cannot be cancelled by the insurer unless,

(i)it is cancelled for non-payment of a premium,

(ii)the insurer has given notice in writing of the proposed cancellation to the director, and

(iii)the notice described in Subclause

(k)shall provide for the continuation of coverage if the insured is adjudged a bankrupt, insolvent, incompetent or dies during the period of insurance, and

(l)may provide that coverage be subject to such exclusions and conditions and otherwise on such terms as are consistent with normal insurance industry practice from time to time.

Section 3.7 Registered Code Agencies

3.7.1. When a Registered Code Agency may not be Appointed under Section 4.1 of the Act

3.7.1.1. Agreements

(1)A registered code agency may not be appointed under subsection 4.1(2) of the Act, unless the agreement entered into between a principal authority and the registered code agency complies with the requirements set out in Sentences (2) and (3).

(2)An agreement described in Sentence (1) shall,

(a)be made in writing,

(b)specify the functions that the registered code agency is authorized to perform,

(c)specify the construction of the building or class of buildings in respect of which the functions will be performed,

(d)set out the procedure by which the principal authority will appoint the registered code agency to perform specified functions in respect of the construction of a building or class of buildings,

(e)require that the registered code agency carry out its functions under the agreement in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), and

(f)provide for the provision by the principal authority to the registered code agency of such plans, specifications and other information, including applications for permits, that the registered code agency may require in order to act under the appointment.

(3)An agreement described in Sentence (1),

(a)may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence, and

(b)shall not contain any provision that relates to the construction of buildings for a class of registration for which the registered code agency is not registered under Sentence 3.4.3.2.(1).

3.7.1.2. Appointments

(1)A registered code agency may not be appointed under subsection 4.1(2) of the Act unless the appointment complies with the requirements of Sentences (2) and (3).

(2)An appointment described in Sentence (1) shall,

(a)be made in writing,

(b)specify the construction of the building or class of buildings in respect of which the appointment relates,

(c)specify the functions described in section 15.15 of the Act that the registered code agency is appointed to perform, and

(d)require that the registered code agency carry out its functions under the appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d).

(3)An appointment described in Sentence (1) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence.

3.7.2. When a Registered Code Agency may not be Appointed or Continue to Act under an Appointment

3.7.2.1. General

(1)A registered code agency may not be appointed to perform functions under section 15.15 of the Act in respect of a building or continue to act under an appointment in respect of a building if the registered code agency,

(a)is not registered under Sentence 3.4.3.2.(1) in respect of the class of registration to which the construction of the building relates, or

(b)is in breach of a condition of its registration under Article 3.4.3.7.

(2)Where the design and general review of construction of a building must be undertaken by an architect or a professional engineer or a combination of both, a registered code agency may not be appointed to perform functions under section 15.15 of the Act or continue to act under an appointment in respect of the construction of the building unless the registered code agency or an officer, director, partner or employee of the registered code agency is an architect or professional engineer or both, as the case may be.

(3)A registered code agency may not be appointed under the Act or continue to act under an appointment if the registered code agency would be in a conflict of interest.

(4)For the purposes of Sentence (3), a registered code agency would be in a conflict of interest if the registered code agency or an officer, director, partner or employee of the registered code agency or any person engaged by the registered code agency to perform functions for it,

(a)has participated or participates, in any capacity, in design activities or construction relating to any part of the building to which an appointment relates,

(b)is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the building,

(c)has a professional or financial interest in,

(i)the construction of the building to which the appointment relates,

(ii)the building to which the appointment relates, or

(iii)the person responsible for the design of the building to which the appointment relates, or

(d)is an elected official, officer or employee of a principal authority.

(5)For the purposes of Clause (4)(c), involvement with a building as a registered code agency and entitlement to any fee paid for acting as a registered code agency in respect of a building shall not be considered to be a professional or financial interest in the construction of the building, the building or the person responsible for the design of the building.

3.7.3. Additional Functions that Registered Code Agencies may be Appointed to Perform

3.7.3.1. General

(1)In addition to the functions described in paragraphs 1 to 5 of section 15.15 of the Act, a registered code agency may be appointed to perform the functions set out in Sentence 3.7.4.3.(5) or (6).

3.7.4. Manner in Which Registered Code Agency Shall Perform Functions

3.7.4.1. General

(1)The registered code agency shall perform the functions specified in an appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d).

(2)The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in MMAH Supplementary Standard SC-1, “Code of Conduct for Registered Code Agencies”.

3.7.4.2. Plans Review and Inspection Activities

(1)The registered code agency shall ensure that plans review and inspection activities of the registered code agency are carried out by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or

(c)in respect of the type of building set out in Column 3 of Table 3.5.2.2. for which the person is carrying out the activities.

(2)A registered code agency shall prepare written records of every inspection of the construction of a building that is undertaken by the registered code agency in the course of performing functions under an appointment.

(3)The record required under Sentence (2) shall include,

(a)the date of receipt of the notice of readiness for inspection, if any,

(b)the date of the inspection,

(c)the reason for the inspection, and

(d)whether non-compliance with this Code was observed in the course of the inspection and the details of the non- compliance.

(4)If a registered code agency has issued an order under subsection 12(2), 13(1) or 13(6) of the Act, the registered code agency shall prepare a written record consisting of,

(a)a copy of the order,

(b)the persons on whom the order was served and the date and manner of service,

(c)when and how the order was complied with, and

(d)if the order has not been complied with, the efforts made by the registered code agency to achieve compliance by the persons responsible for compliance.

3.7.4.3. Issuance of Certificates by Registered Code Agencies

(1)Subject to Sentence (2), every certificate issued under the Act by a registered code agency shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).

(2)If the certificate is issued in respect of the construction of a building that would be required to be designed by and under the general review of an architect or a professional engineer or a combination of both, the certificate shall also be signed on behalf of the registered code agency by an architect or a professional engineer or both, as the case may be, who is an officer, director, partner or employee of the registered code agency.

(3)A registered code agency may issue a plans review certificate if the registered code agency,

(a)has been appointed to perform the functions described in clause 4.1(4)(a) or

(c)is satisfied on reasonable grounds that, on date on which the plans review certificate is issued, the proposed construction of the building to which the plans review certificate relates is in compliance with this Code.

(b)has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(4)A registered code agency may issue a change certificate if the registered code agency,

(a)has been appointed to perform the functions described in clause 4.1(4 (a),

(c)is satisfied on reasonable grounds that, on the date on which the change certificate is issued, the proposed construction of the building to which the change certificate relates is in compliance with this Code.

(5)A registered code agency may issue a certificate for the occupancy of a building not fully completed if the registered code agency,

(a)has been appointed to perform the functions described in clause 4.1(4)(b) or

(c)is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building not fully completed is issued, the construction of the building to which the certificate for the occupancy of a building not fully completed relates is in compliance with Clauses 1.3.3.1.(3)(a) to

(q)or 1.3.3.7.(8)(a) to (y), as applicable.

(6)A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C if the registered code agency,

(a)has been appointed to perform the functions described in clause 4.1(4)(b) or

(c)is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C is issued, the construction of the building to which the certificate relates is in compliance with Clauses 1.3.3.4.(4)(a) to (i).

(7)A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.5.(1) of Division C if the registered code agency,

(a)has been appointed to perform the functions described in clause 4.1(4)(b) or

(c)is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building described in Sentence 1.3.3.5.(1) of Division C is issued, the construction of the building to which the certificate relates is in compliance with Clauses 1.3.3.5.(3)(a) to (r).

(8)A registered code agency may issue a final certificate if the registered code agency,

(a)has been appointed to perform the functions described in clause 4.1(4)(b) or

(c)is satisfied on reasonable grounds that on the date on which the final certificate is issued, the construction of the building to which the final certificate relates is in compliance with this Code.

(9)Every certificate issued under the Act by a registered code agency shall be in a form approved by the Minister.

3.7.4.4. Issuance of Orders by Registered Code Agencies

(1)Orders under subsections 13(6) and 14(1) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).

(2)Orders under subsections 12(2) and 13(1) and clause 18(1)(f) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c).

3.7.4.5. Authorized Persons

(1)Persons who have the qualifications set out in Clause 3.4.3.2.(1)(a),

(b)or

(c)are prescribed for the purposes of subsection 15.17(1) of the Act.

(2)The certificate of authorization referred to in subsection 15.17(2) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by a representative of the registered code agency who has the qualifications set out in Clause 3.4.3.2.(1)(a) and shall contain the following information:

(a)the name of the registered code agency and any identifying number issued by the director to the registered code agency,

(b)the title, business address and business telephone number of a representative of the registered code agency who may be contacted to answer questions about the certificate and the authorization to which it relates,

(c)the name of the authorized person and any identifying number issued by the director to the authorized person in respect of that person’s qualifications,

(d)the scope of the powers that may be exercised and the functions that may be performed by the authorized person,

(e)the date of issuance of the certificate.

(3)Every person described in Sentence (1) shall carry his or her certificate of authorization when performing duties and shall produce the certificate for inspection upon request.

3.7.4.6. Prohibition

(1)A registered code agency shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that,

(a)the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the director that the registered code agency or any other person has contravened or intends to contravene a provision of the Act or this Code or a predecessor of this Code,

(b)the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of the Act or this Code or a predecessor of this Code,

(c)the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of the Act or this Code or a predecessor of this Code not be contravened, or

(d)the registered code agency believes that the employee will do anything referred to in Clause (a),

(2)Nothing in this Section impairs any right of an employee either at law or under an employment contract or collective agreement.

(3)In this Article, “employee” includes an independent contractor and “employer” includes the person who retains an employee who is an independent contractor.

3.7.4.7. Information and Records

(1)The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d).

(2)Any information collected by a registered code agency in the course of the exercise of powers and the performance of duties under the Act may be used only for the purpose of performing functions under an appointment under subsection 4.1(2) of the Act and may be disclosed only,

(a)to a principal authority pursuant to an agreement under subsection 4.1(1) of the Act,

(b)to a principal authority to aid the enforcement in any manner of the Act, or

(c)where required or permitted under the Act, this Code, other applicable legislation or an order of a court.

(3)A registered code agency shall ensure that any agreement under which the registered code agency engages a person to assist the registered code agency to perform functions under an appointment includes a provision that requires the person to comply with Sentences (1) and (2).

3.7.5. Termination of Appointment of a Registered Code Agency

3.7.5.1. Termination of an Appointment Made under Subsection 4.1(2) of the Act

(1)A principal authority may, in accordance with the terms of an agreement under subsection 4.1(1) of the Act, terminate the appointment of a registered code agency before the appointment expires under section 15.19 of the Act.

3.7.6. Information to be Provided

3.7.6.1. Information to be Provided by a Principal Authority to the Director

(1)If a principal authority that has appointed a registered code agency terminates the appointment before the appointment expires under section 15.19 of the Act, the principal authority shall, as soon as possible after the termination, give the director notice of the termination and such other information concerning the circumstances of the termination and as may be required by the director.

(2)If a chief building official has issued an order under subsection 15.21(1) of the Act, the principal authority shall as soon as possible after the order is issued give the director a copy of the order and such other information concerning the circumstances of the order and as may be required by the director.

3.7.6.2. Information to be Provided by a Registered Code Agency to the Director

(1)A registered code agency that becomes or expects to become unable to carry out the functions for which the registered code agency was appointed shall as soon as possible give notice to the director of this situation.

3.7.6.3. Information to be Provided by a Registered Code Agency to the Chief Building Official

(1)A registered code agency shall notify the chief building official if the registered code agency becomes or expects to become unable to carry out the functions for which the registered code agency was appointed.

(2)A registered code agency shall give copies of the following records to the chief building official,

(a)all orders issued by the registered code agency under subsections 12(2), 13(1) and 13(6) of the Act,

(b)all written records prepared by the registered code agency under Sentences 3.7.4.2.(3), (4) and (5),

(c)all final certificates that are issued by the registered code agency,

(d)records described in Section 2.1. relating to the use of an alternative solution, and

(e)any records of information, copies of documents or things, tests, samples or photographs produced, removed, required, taken or ordered to be taken under subsection 18(1) of the Act.

(3)The documents referred to in Sentence (2) shall be given to the chief building official,

(a)within the time period specified in any agreement under Article 3.7.1.1. or appointment under Article 3.7.1.2. in respect of which the documents relate, whichever time period ends earlier,

(b)within 15 days after the expiry or termination of the appointment of the registered code agency in respect of which the documents relate, if there is no time period specified in the agreement or appointment referred to in Clause (a), or

(c)if the chief building official has given notice to the registered code agency that he or she requires the documents before the time set out in Clause (a) or (b), within 2 days after the request for documents.

(4)The requirements of Sentence (2) apply even if the registered code agency is no longer registered under Sentence 3.4.3.2.(1).

(5)If a registered code agency in the course of carrying out functions under an appointment has reason to believe that a building described in Sentence (7) is unsafe within the meaning of subsection 15.9(2) or (3) of the Act, the registered code agency shall as soon as possible give notice to the chief building official of,

(a)the location of the building, and

(b)the reason why the registered code agency has reason to believe that the building is unsafe.

(6)A registered code agency that has given a notice to the chief building official under Sentence (5) shall give the chief building official such other information about the unsafe condition as the chief building official may require.

(7)Sentence (5) applies to,

(a)a building in respect of which the registered code agency has been appointed to perform functions, and

(b)a building that has been adversely affected by the construction of a building referred to in Clause (a).

(8)For the purposes of Sentence (3), a time period referred to in Clause (3)(a),

(b)does not include Saturdays, holidays and all other days on which the offices of the principal authority are not open for the transaction of business with the public.

(a)does not start until the day after the day on which the obligation to provide the documents arises, and

3.7.7. Referral of Stop Work Order

3.7.7.1. Referral

(1)A registered code agency shall refer a matter under subsection 14(5) of the Act to the chief building official by giving the chief building official, as soon as possible,

(a)a report that contains the following information:

(i)a copy of the order made under section 12 or 13 of the Act that was not complied with and of the order under section 14 of the Act,

(ii)the persons on whom the orders were served and the date and manner of service,

(iii)a statement that the orders have not been complied with, and

(iv)the efforts made by the registered code agency to achieve compliance with the orders by the persons responsible for compliance, and

(b)such other information as the chief building official may require in respect of the matter that has been referred.

(2)The report under Clause (1)(a) shall be signed, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), by the registered code agency or, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).