3.3.

(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.

(1) In this Section,

registered means registered under Article 3.3.3.2.

(1) Commencing on the day this Section comes into force, 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 the person has been issued a certificate of approval under section 39 of the Environmental Protection Act in respect of the activities of cleaning and emptying sewage systems.

(1) Subject to Article 3.3.3.9., the director may register an applicant, or renew a registered person’s registration, if,

(a) all persons who will supervise construction on site, installation, repair, servicing, cleaning or emptying 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) A person who had, on August 31, 2003, the qualification described in Clause 2.12.4.6.(1)(a) of Ontario Regulation 403/97 (Building Code), as it read on that day, shall be deemed to have successfully completed the examination program described in Clause (1)(a).

(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 3.3.3.7.

(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 who have been 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) meet the qualifications set out in Clause 3.3.3.2.(1)(a).

(1) A registration expires 3 years after the date of its issuance.

(1) The fee for a registration or renewal of a registration is $50.

(2) The amount of a fee referred to in Sentence (1) is reduced by $5 if the application is made 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) A registration is not transferable.

(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) not more than 180 days after the day a notice is given under Sentence 3.3.3.8.(1) by the director to the registered person, the registered person shall,

(i) ensure that the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person is supervised by persons who have successfully completed the new examinations referred to in the notice, and

(ii) provide the following information to the director:

(A) the name of the person or persons carrying out the supervision, and

(B) information about the examinations that the person or persons have successfully completed, in such detail as may be required by the director,

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

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

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

(d) 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 (1)(c) that is contained in or accompanies an application for registration or renewal of a registration,

(e) 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

(f) 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) When an examination that is part of an examination program referred to in Clause 3.3.3.2.(1)(a) is replaced with a new examination, the director shall give notice of the new examination to every registered person.

(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 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 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 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 an 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 such 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), a registered person has applied for renewal of a registration and paid the fee required under Article 3.3.3.5., the registration shall be 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, until the day the Tribunal makes its order.

(1) The director shall establish and maintain a register available to the public listing 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 sewage systems carried out by the registered person, and

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