Part 3

(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 under the Act of sewage systems, 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 plan 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 CAN/CSA-A277, “Procedure for Certification of Factory-Built Houses”,

(c) construction of a mobile home conforming to CAN/CSA-Z240 Series, “Mobile Homes”,

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

(e) signs.

(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 shall successfully complete 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 chief building officials,

(b) if, under subsection 22 (2) of the Act, the person will also exercise any of the powers or perform any of the duties of an inspector, the person shall also have the qualifications contained in Sentence 3.1.4.1.(1)v1, and

(c) the person shall file the information set out in Sentence 3.1.6.1.(1)v1 with the director in a form established by the director.

(2) An inspector who has the same powers and duties as a chief building official in relation to sewage systems and who had, on August 31, 2003, the qualification described in Article 2.11.3.1. of Ontario Regulation 403/97 (Building Code), as it read on that day,

(a) shall be deemed to have successfully completed the examination program described in Clause (1)(a),

(b) shall be deemed to have successfully completed the examination program described in Clause 3.1.4.1.(1)(a)v1 in the category of qualification described in Column 3 of Row 10 of Table 3.5.2.1., and

(c) shall be deemed to have filed with the director the information required in Clause (1)(c) if the person filed with the director, before the day this Article came into force, the information required under Article 2.11.3.1. of Ontario Regulation 403/97 (Building Code), as that Article read on August 31, 2003.

(1) The following are prescribed as the 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 shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code and the powers and duties of chief building officials,

(b) the person shall successfully complete the examination program administered by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code related to any one category of qualification set out in Column 3 of Table 3.5.2.1., and

(c) the person shall file the information set out in Sentence 3.1.6.1.(1)v1 with the director in a form established by the director.

(1) Except as provided in Article. 3.1.4.2., 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 shall successfully complete 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 or categories of qualifications in Column 3 of Table 3.5.2.1. that correspond to the types of buildings set out in Column 4 of Table 3.5.2.1. in respect of which the person will exercise the powers or perform the duties of an inspector under the Act,

(b) the person shall file the information set out in Sentence 3.1.6.1.(1)v1 with the director in a form established by the director.

(2) An inspector who had, on August 31, 2003, the qualification described in Article 2.11.3.1., of Ontario Regulation 403/97 (Building Code), as that Article read on August 31, 2003,

(a) shall be deemed to have successfully completed the examination program described in Clause (1)(a) in the category of qualification described in Column 3 of Row 10 of Table 3.5.2.1., and

(b) shall be deemed to have filed with the director the information required in Clause (1)(b) if the person filed with the director, before September 1, 2003, the information required under Article 2.11.3.1. of Ontario Regulation 403/97 (Building Code), as that Article read on August 31, 2003.

(1) A person appointed under the Act as an intern inspector whose duties include supervised plans review or inspection under the Act is exempt from the requirements in Article 3.1.4.1.v1 if,

(a) the person is enrolled in an internship program approved by the Minister, and

(b) the person is supervised by an inspector or chief building official who meets the category of qualification in respect of which the person will exercise the powers or perform the duties.

(2) An intern inspector described in Clause (1)(a) shall not issue orders under the Act except orders under subsections 12 (2) or 13 (1) of the Act.

(3) An intern inspector described in Clause (1)(a) shall not undertake a site inspection of a building related to a notice in respect of,

(a) substantial completion of footings and foundations prior to commencement of backfilling, or

(b) completion of construction and installation of components required to permit the issuance of an occupancy permit under Sentence 1.3.3.1.(2)v1 or to permit occupancy under Sentence 1.3.3.2.(1)v1, if the building or part of the building to be occupied is not fully completed.

(1) When an examination that is part of an examination program referred to in Clause 3.1.2.1.(1)(a), 3.1.3.1.(1)(a) or (b) or 3.1.4.1.(1)(a)v1 or (b) is replaced with a new examination, the director shall give notice of the new examination to every person who has, pursuant to Clause 3.1.2.1.(1)(c), 3.1.3.1(1)(c) or 3.1.4.1.(1)(c)v1, informed the director that the person completed the examination before it was replaced or who is deemed to have successfully completed the examination program.

(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 filed with the director.

(3) It is a prescribed qualification for the purposes of subsections 15.11 (1), (2) and (3) of the Act that, not later than 180 days after the day on which a notice referred to in Sentence (1) is sent, 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 3.1.6.1.(1)v1 with the director in a form established by the director.

(1) The information referred to in Clauses 3.1.2.1.(1)(c), 3.1.3.1.(1)(c), 3.1.4.1.(1)(c) and 3.1.5.1.(3)(b) is the following:

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

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

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

(2) A person who files information under Sentence (1) with the director shall advise the director of any change of the information not later than 15 days after the change.

(1) The fee payable upon the filing of information under Clause 3.1.2.1.(1)(c), 3.1.3.1.(1)(c), 3.1.4.1.(1)(c) or 3.1.5.1.(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 listing 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 person listed in it:

(a) the name of the person,

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

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

(d) the qualifications of the person.

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

(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.

(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).

(1) This Section prescribes, for the purposes subsection 15.11 (4) of the Act, the qualifications that a person must meet in order to be eligible to be appointed after June 30, 2005 as a registered code agency under the Act.

(1) In this Section,

registered means registered under Article 3.4.3.2.

(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.

(1) Subject to Article 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.v1v2 that corresponds to each class of registration set out in Column 1 of Table 3.5.2.2.v1v2 for which application is made,

(c) all persons who will carry out plans review and inspection activities on behalf of the registered code agency have the qualifications set out in Clause (b) in respect of each class of registration 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)v1 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.

(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 being 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 3.7.3.1.(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 3.7.5.3.(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 up-dating 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, an application for registration or renewal of a registration 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 who have been engaged by the applicant or registered person, who,

(a) have the qualifications set out in Clauses 3.4.3.2.(1)(a) and (b), and

(b) have the qualifications set out in Clauses 3.4.3.2.(1)(b) and (c) and will exercise powers and perform functions under the Act on behalf of the applicant or registered person.

(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) meet the qualifications set out in Clauses 3.4.3.2.(1)(a) to (c).

(8) 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 the date of its issuance.

(1) The fee for registration is $300.

(2) The fee for the addition of a new class of registration is $50.

(3) The fee for renewal of a registration is $220.

(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 Section.

(1) A registration is not transferable.

(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 referred to 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) not more than 180 days after the day a notice is given under Sentence 3.4.3.8.(1) by the director to the registered person, the registered person shall,

(i) ensure that the persons referred to in Clause (1)(b) have successfully completed the new examinations referred to in the notice, and

(ii) provide to the director the names of the persons and information about the examinations that the persons have successfully completed, in such detail as may be required by the director,

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

(e) 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 3.4.3.3.(5)v1 and (6) ,

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

(g) 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 of the registered person or to activities carried out under the registration as the director may reasonably require,

(h) 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 in an examination program referred to in Clause 3.4.3.2.(1)(a), (b) or (c) 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 set out in Column 1 of Table 3.5.2.2.v1v2 to which the 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,

(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 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 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 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)v1 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 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,

(a) the 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 that 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 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 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.

(7) If a 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 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 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) The director shall establish and maintain a register available to the public listing 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 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) 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.

(1) Table 3.5.2.2.v1v2 contains the classes of registration and categories of qualifications for the purposes of this Section.

(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.

(1) Table 3.5.2.1. sets out the classes of registration and categories of qualifications for persons who carry out design activities and the categories of qualifications for inspectors.

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

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

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

(1) Every person registered under Article 3.2.4.2. or 3.4.3.2. shall have insurance coverage under an insurance policy that satisfies the requirements set out in Article 3.6.2.3.

(1) The insurance policy,

(a) shall indemnify the registered person against liability imposed by law arising out of the performance of or the failure to perform services as a registered person during any time while the person is registered under Article 3.2.4.1. or 3.4.3.2. for claims that are first made and reported to the insurer during the period of insurance or during any extended reporting period required by Clause (1)(c),

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

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

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

(ii) shall provide that the extended reporting period described in Subclause (i) shall commence on the day the registered code agency ceases to be insured, and

(iii) shall require the registered code agency to make full payment of all premiums for the extended reporting period referred to in Subclause (i) as part of the premiums for the issuance of the insurance policy,

(d) shall provide for insurance coverage to commence,

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

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

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

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

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

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

(B) $500,000 per claim and $1,000,000 in the aggregate, if the person billed more than $50,000 and less than $100,000 in fees in the 12 months immediately before the issuance of the policy,

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

(D) the limits of indemnity for any one claim and in the aggregate that are set out in Sub-subclause (A), (B) or (C), as determined by reference to the person’s estimated fees billings for the 12-month period immediately after the issuance of the policy, if the person has been registered less than one year before the issuance of the policy, and

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

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

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

(i) $70,000, and

(ii) 5% of,

(A) the amount of fees billed by the insured in the 12 months immediately before the issuance of the policy, or

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

(i) shall provide that it cannot be cancelled by the insured unless,

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

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

(iii) the notice described in Subclause (ii) was received by the director at least 30 days before the day the policy is cancelled,

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

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

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

(iii) the notice described in Subclause (ii) was sent to the director at least 30 days before the day the policy is cancelled,

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

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

(1) An agreement between a principal authority and a registered code agency under subsection 4.1 (1) of the Act shall be made in writing and shall,

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

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

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

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

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

(2) An agreement under Subsection (1),

(a) may contain provisions in addition to the provisions required under Subsection (1) if the additional provisions are not inconsistent with the provisions required under that Subsection, and

(b) shall not contain any provision that relates to the construction of buildings for a class of registration for which the registered code agency is not registered under Section 3.4.

(1) An appointment under subsection 4.1 (2) of the Act by a principal authority of a registered code agency to perform specified functions in respect of the construction of a building or class of buildings shall be made in writing and shall,

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

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

(c) require that the registered code agency carry out its functions under the appointment in 3.4.3.2.(1)(d).

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

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

(a) is not registered under Section 3.4. in respect of the class of registration to which the construction of the building relates, or

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

(2) Where under Section 1.2. the design and general review of construction of a building must be undertaken by an architect or professional engineer or both, a registered code agency may not be appointed to perform functions under section 15.15 of the Act or continue to act under an appointment in respect of the construction of the building unless the registered code agency or an officer, director, partner or employee of the registered code agency is an architect or professional engineer or both, as the case may be.

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

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

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

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

(c) has a professional or financial interest in,

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

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

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

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

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

(1) In addition to the functions described in paragraphs 1 to 5 of section 15.15 of the Act, a registered code agency may be appointed to perform the functions set out in Sentence 3.7.4.3.(5)v1.

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

(2) The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in Supplementary Standard SC-1.

(1) The registered code agency shall ensure that plans review and inspection activities of the registered code agency are carried out by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c) in respect of the type of building set out in Column 3 of Table 3.5.2.2.v1v2 for which the person is carrying out the activities.

(2) Not more than 180 days after the day a notice is given under Sentence 3.4.3.8.(1) by the director to the registered code agency, the registered code agency shall,

(a) ensure that plans review and inspection activities of the registered code agency in the category of qualification to which the notice relates are carried out by persons who have successfully completed all new examinations referred to in the notice, and

(b) provide the following information to the director:

(i) the name and residence address of the person, and

(ii) information required by the director about the examinations that the person or persons have successfully completed.

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

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

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

(b) the date of the inspection,

(c) the reason for the inspection,

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

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

(a) a copy of the order,

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

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

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

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

(2) If the certificate is issued in respect of the construction of a building that would under Section 1.2.1. be required to be designed by and under the general review of an architect or professional engineer or both, the certificate shall also be signed on behalf of the registered code agency by an architect or a professional engineer or both, as the case may be, who is an officer, director, partner or employee of the registered code agency.

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

(a) has been appointed to perform the functions described in clause 4.1 (4) (a) or (c) of the Act in respect of the proposed construction of the building to which the plans review certificate applies,

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

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

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

(a) has been appointed to perform the functions described in clauses 4.1 (4) (a) to (c) of the Act in respect of the construction or proposed construction of the building to which the change certificate applies,

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

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

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

(a) has been appointed to perform the functions described in clause 4.1 (4) (b) or (c) of the Act in respect of the construction of the building to which the certificate for the occupancy of a building not fully completed applies,

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

(c) is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building not fully completed is issued, the construction of the building to which the certificate for the occupancy of a building not fully completed relates is in compliance with Clauses 1.3.3.1.(2)(a)v1 to (q).

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

(a) has been appointed to perform the functions described in clause 4.1 (4) (b) or (c) of the Act in respect of the construction of the building to which the final certificate applies,

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

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

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

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

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

(1) Persons who possess the qualifications described in Clauses 3.4.3.2.(1)(a), (b) and (c) are prescribed for the purposes of subsection 15.17 (1) of the Act.

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

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

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

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

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

(e) the date of issuance of the certificate.

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

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

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

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

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

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

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

(3) In this Article,

“employee” includes an independent contractor and “employer” includes the person who retains an employee who is an independent contractor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) records described in Section 3.1. relating to the use of an alternative solution, and

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

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

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

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

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

(4) The requirements of Sentence (2) apply even if the registered code agency is no longer registered under Subsection 3.4.

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

(a) the location of the building, and

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

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

(7) Sentence (5) applies to,

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

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

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

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

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

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

(a) a report that contains the following information:

(i) a copy of the order made under section 12 or 13 of the Act that was not complied with and of the order under subsection 14 (2) of the Act,

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

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

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

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

O. Reg. 350/06, Division C, Part 3.