Division C
Part 3 - Qualifications
Section 3.1. Qualifications for Chief Building Officials and Inspectors Copy linkAdd bookmark
3.1.1. Scope and Definition Copy linkAdd bookmark
3.1.1.1. Scope Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.1.2.1. Qualifications Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.1.3.1. Qualifications Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 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)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.
3.1.4. Inspectors Copy linkAdd bookmark
3.1.4.1. Qualifications Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(1)Subject to Article 3.1.5.6., the director may register an applicant, or renew a registration, in each class of registration applied for, if,
(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)the application is complete, and
(c)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.
3.1.4.3. Qualifications for Intern Inspectors Copy linkAdd bookmark
(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)is approved by the Minister, or
(b)meets the minimum requirements described in Sentence (2).
(2)For the purposes of Clause (1)(b), the following are the minimum requirements for an internship program:
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.1.5.1. Application for Registration or Renewal of a Registration Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(1)A registration is not transferable.
3.1.5.5. Conditions Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.1.6.1. Public Register Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.1.7.1. Classes and Categories Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.2.1. Scope Copy linkAdd bookmark
3.2.1.1. Scope Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.2.2.1. Other Designers Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.2.3.1. Definition Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.2.4.1. General Copy linkAdd bookmark
(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)surface drainage, and
(ii)plumbing located underground, either outside a building or under a building,
(i)construction of a factory-built house certified to CSA A277, “Procedure for Certification of Prefabricated Buildings, Modules, and Panels”,
(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,
(a)a plumbing system,
(b)a heating, ventilation and air-conditioning system, or
(c)ancillary buildings such as garages.
3.2.4.2. Registration and Renewal of a Registration Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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.
3.2.4.5. Fees Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(1)A registration is not transferable.
3.2.4.7. Conditions Copy linkAdd bookmark
(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,
(c)the registered person shall ensure that a person who has the qualifications set out in Clause 3.2.4.2.(1)(a) or (b) in respect of the class of registration set out in Column 1 of Table. 3.5.2.1. to which the design activities relate will review and take responsibility for design activities in each class of registration that are provided to the public by the registered person,
(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 (b) that the person has, and
(iv)the person’s signature,
(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 Copy linkAdd bookmark
(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.
(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 3.2.4.3.(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,
(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, and
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.2.5.1. General Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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,
(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)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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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.
3.2.5.5. Fees Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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)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 Copy linkAdd bookmark
(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 3.2.5.5. 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 3.2.5.3.(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
(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.
3.2.6. Public Register Copy linkAdd bookmark
3.2.6.1. Public Register Copy linkAdd bookmark
(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,
(c)the business address 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):
(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.
3.2.7. Classes of Registration and Categories of Qualifications Copy linkAdd bookmark
3.2.7.1. Classes and Categories Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.3.1. Scope Copy linkAdd bookmark
3.3.1.1. Scope Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.3.2.1. Definition Copy linkAdd bookmark
(1)In this Section, “registered” means registered under Sentence 3.3.3.2.(1).
3.3.3. Qualifications Copy linkAdd bookmark
3.3.3.1. General Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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.
(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 3.3.3.2.(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.
(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 3.3.3.2.(1)(a).
3.3.3.4. Term Copy linkAdd bookmark
(1)A registration expires one year after the date of its issuance.
3.3.3.5. Fees Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(1)A registration is not transferable.
3.3.3.7. Conditions Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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,
(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)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.
(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 3.3.3.3.(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
(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.
3.3.4. Public Register Copy linkAdd bookmark
3.3.4.1. Public Register Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.4.1. Scope Copy linkAdd bookmark
3.4.1.1. Scope Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.4.2.1. Definition Copy linkAdd bookmark
(1)In this Section, “registered” means registered under Sentence 3.4.3.2.(1).
3.4.3. Qualifications Copy linkAdd bookmark
3.4.3.1. General Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(1)A registration expires one year after the date of its issuance.
3.4.3.5. Fees Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(1)A registration is not transferable.
3.4.3.7. Conditions Copy linkAdd bookmark
(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 Copy linkAdd bookmark
(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,
(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 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.
(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.
(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 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,
(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, and
(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 Copy linkAdd bookmark
(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.
(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)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 Copy linkAdd bookmark
3.4.4.1. Public Register Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.4.5.1. Classes and Categories Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.5.1. Scope Copy linkAdd bookmark
3.5.1.1. Scope Copy linkAdd bookmark
(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 Copy linkAdd bookmark
3.5.2.1. Inspectors and Persons Who Carry out Design Activities Copy linkAdd bookmark
(1)Table 3.5.2.1. sets out the classes of registration and categories of qualifications for inspectors and persons who carry out design activities.
| Item | Classes of Registration for Inspectors and Persons Who Carry out Design Activities | Categories of Qualifications for Inspectors and Persons Described in Clauses 3.2.4.2.(1)(a) and (b) and 3.2.5.2.(1)(a) | Type of Building |
|---|---|---|---|
| 1 | House | House | (a) A house and the building systems, works, fixtures and service systems appurtenant to the house, including: (b) an ancillary building that serves the house, and excluding: (c) buildings and parts of buildings described in Column 3 of any of Items 5, 6, 7, 8, 10 and 11 of this Table. |
| 2 | Small Buildings | Small Buildings | (a) Buildings described in Sentence 1.3.3.3.(1) of Division A and the building systems, works, fixtures and service systems appurtenant to these buildings, including: (b) buildings and parts of buildings, (i) described in Column 3 of Item 1 of this Table, or (ii) to which any of Sections 3.10., 3.11., 3.12., 3.14. and 3.15. of Division B apply and that are appurtenant to or serve buildings described in Clause (a), excluding: (c) buildings and parts of buildings described in Column 3 of any of Items 4 to 10 of this Table, and (d) signs described in Clause 1.3.3.5.(1)(e) of Division A. |
| 3 | Large Buildings | Large Buildings | (a) Buildings described in Sentence 1.3.3.2.(1), (3) or (4) of Division A and the building systems, works, fixtures and service systems appurtenant to these buildings, excluding: (b) buildings and parts of buildings described in Column 3 of any of Items 4 to 11 of this Table, and (c) signs described in Clause 1.3.3.5.(1)(e) of Division A. |
| 4 | Complex Buildings | Complex Buildings | Building systems, works, fixtures and service systems to which Subsection 3.2.6. of Division B or any provision in Articles 3.2.8.3. to 3.2.8.8. of Division B applies. |
| 5 | Plumbing – House | Plumbing – House | All plumbing systems to which Part 7 of Division B applies that are appurtenant to a house. |
| 6 | Plumbing – All Buildings | Plumbing – All Buildings | (a) All plumbing systems to which Part 7 of Division B applies, including: (b) buildings and parts of buildings described in Column 3 of Item 5 of this Table. |
| 7 | HVAC – House | HVAC – House | All building systems, works, fixtures and service systems to which Section 9.32. or 9.33. of Division B applies that are appurtenant to a house. |
| 8 | Building Services | Building Services | (a) Building systems, works, fixtures and service systems that are appurtenant to buildings described in Sentence 1.3.3.2.(1), (3) or (4) or Sentence 1.3.3.3.(1) of Division A and that relate to fire suppression, fire detection, smoke control, exhaust, vertical movement of smoke, energy efficiency, lighting and emergency power, and (b) building systems, works, fixtures and service systems appurtenant to buildings to which Part 6 of Division B applies or to which Section 9.32. or 9.33. of Division B applies, including: (c) buildings and parts of buildings described in Column 3 of Item 7 or 11 of this Table. |
| 9 | Building Structural | Building Structural | Internal and external loadbearing structural elements essential to the stability or strength of a building described in Sentence 1.3.3.2.(2) or 1.3.3.3.(1) of Division A and that resist dead loads or live loads including, but not limited to, foundations, floors, walls, roofs, columns and beams. |
| 10 | On-Site Sewage Systems | On-Site Sewage Systems | Sewage systems to which Part 8 of Division B applies. |
| 11 | Detection, Lighting and Power | Detection, Lighting and Power | Early warning and electrical systems including systems appurtenant to buildings described in Sentence 1.3.3.2.(1) or 1.3.3.3.(1) of Division A and that relate to fire alarm and detection systems, voice communication systems, lighting systems, emergency lighting systems or emergency power systems for building services in all buildings. |
| 12 | Fire Protection | Fire Protection | Fire suppression, fire detection, firefighting and fire safety systems appurtenant to buildings described in Sentence 1.3.3.2.(1) or 1.3.3.3.(1) of Division A. |