3.2.

(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 after December 31, 2005.

(1) Every person engaged in the business of providing design activities to the public, other than a person who is the holder of a Certificate of Practice or a Temporary Licence issued under the Architects Act, must have the qualification set out in Sentence 3.2.4.1.(1).

(1) Every person who carries out design activities, other than an architect, must have the qualifications 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).

(1) In this Section,

registered means registered under Article 3.2.4.2.

(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 is,

(i) of low human occupancy,

(ii) of 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 detached house, semi-detached house, townhouse or row house containing not more than two dwelling units in each 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)v1 in 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 CAN/CSA-A277, “Procedure for Certification of Factory-Built Houses”,

(j) construction of a mobile home conforming to CAN/CSA-Z240 Series, “Mobile 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 detached house, semi-detached house, townhouse or row house containing not more than two dwelling units in each 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.

(1) Subject to Article 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 on Column 3 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 2 of Table 3.5.2.1. for which application is made,

(b) all persons 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 on Column 3 of Table 3.5.2.1. that correspond to each class of registration set out in Column 2 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.

(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 at least 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 registration, the application shall set out the names and residence addresses of all of 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) meet the qualifications set out in Clauses 3.2.4.2.(1)(a) and (b).

(7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, 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.

(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.

(1) The fee for a registration is $125.

(2) The fee for a registered person to add a new class of registration is $25.

(3) The fee for renewal of a registration is $80.

(4) The amount of a fee referred to in Sentence (1), (2) or (3) is reduced by 15 per cent and rounded to the nearest whole dollar if the application is made and the fee is paid in accordance with a means of electronic filing and payment specified by the director.

(5) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Subsection.

(1) A registration is not transferable.

(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 building described in Column 4 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 2 of Table 3.5.2.1. that is held by the registered person,

(c) not more than 180 days after the day a notice is given under Sentence 3.2.4.8.(1) by the director to the registered person, the registered person shall,

(i) ensure that the registered person and the persons described in Clause (b) have successfully completed all new examinations referred to in the notice, and

(ii) provide the following information to the director:

(A) the names of all persons described in Subclause (i), and

(B) information about the examinations that the persons described in Subclause (i) have successfully completed, in such form and in such detail as may be required by the director,

(d) the registered person shall ensure that a person described in Clause (b) or another person who has the qualifications set out in Clause 3.2.4.2.(1)(b) in respect of the class of registration set out in Column 2 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,

(e) not more than 180 days after the day when a notice is given under Sentence 3.2.4.8.(1) by the director to the registered person, the registered person shall,

(i) ensure that persons described in Clause (d) who will review and take responsibility for design activities provided to the public by the registered person in the class of registration to which the notice relates, have successfully completed all new examinations referred to in the notice, and

(ii) provide the following information to the director:

(A) the names of all persons described in Subclause (i), and

(B) information about the examinations that the persons referred to in Subclause (i) have successfully completed, in such form and in such detail as may be required by the director,

(f) the registered person shall ensure that a person described in Clause (d) 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)(b), and

(iv) the person’s signature,

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

(h) 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),

(i) 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 (h), that is contained in or accompanies an application for registration or renewal of a registration,

(j) 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,

(k) 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.

(1) Where an examination referred to in Clause 3.2.4.2.(1)(a) or (b) is replaced with a new examination, the director shall give notice of the new examination to every registered person who is registered in a class of registration to which the new examination relates.

(2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the registered person that has been provided to the director.

(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)(g),

(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 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), 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 shall be 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.

(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 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 registered person is entitled to a hearing before the Tribunal if the 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 a 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 and the registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(1) Except as provided in Sentence (2), a person who carries out design activities but is not required under Sentence 3.2.4.1.(1) to be registered with the director must have the following qualifications:

(a) he or she shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to his or her knowledge of the Act and this Code in the category of qualification set out in Column 3 of Table 3.5.2.1. that corresponds to the type of buildings described in Column 4 of Table 3.5.2.1. for which the person carries out design activities,

(b) he or she shall file the information set out in Sentence 3.2.5.3.(1) with the director in a form established by the director, and

(c) he or she 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 issued to the person issued by the director in respect of the qualifications described in Clause (a),

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

(iii) the person’s signature.

(2) A person is exempt from the requirement to comply with the qualifications 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)(d) or who has the qualifications required under Sentence (1) will review and take responsibility,

(b) construction of,

(i) a detached house, semi-detached house, townhouse or row house owned by the person and containing not more than two dwelling units in each house, or

(ii) an ancillary building that serves a building 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)v1 in 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 provided that 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 detached house, semi-detached house, townhouse or row house if the house contains not more than two dwelling units, and

(ii) that does not exceed 50 m² building area, 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 commences within six months after the permit is issued.

(1) When an examination that is part of an examination program referred to in Clause 3.2.5.1.(1)(a) is replaced with a new examination, the director shall give notice of the new examination to every person who has, pursuant to Clause 3.2.5.1.(1)(b), informed the director that he or she has completed the examination before its replacement.

(2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the person that has been filed with the director.

(3) It is a prescribed qualification for the purposes of clause 8 (2) (c) and subsection 15.11 (5) of the Act that, not more than 180 days after the day on which the notice referred to in Sentence (1) is given, the person to whom the notice is given shall,

(a) successfully complete all new examinations referred to in the notice, and

(b) file the information set out in Sentence 3.2.5.3.(1) with the director in a form established by the director.

(1) The information referred to in Clauses 3.2.5.1.(1)(b) and 3.2.5.2.(3)(b) is the following:

(a) the person’s name, residence address and residential mailing address, if different from the residence address, and

(b) information about the examinations that the person has successfully completed, in such detail as may be required by the director.

(2) A person who has filed information under Sentence (1) with the director shall advise the director of any change of address within 15 days of the change.

(1) The fee payable upon the filing of information referred to in Clauses 3.2.5.1.(1)(b) or 3.2.5.2.(3)(b) is $80.

(2) The amount of a fee referred to in Sentence (1) is reduced by $10 if the information is filed and the fee is paid in accordance with a means of electronic filing and payment specified by the director.

(3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section.

(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 in respect of 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) 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 in respect of persons who have the qualifications referred to in Sentence 3.2.5.1.(1):

(a) the name of the person,

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

(c) the qualifications of that person.

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