Directions by inspector where non-compliance
8. (1) Where an inspector finds that any provision of this Act or the regulations is being contravened, he or she may give to the person whom he or she believes to be the contravener, his or her supervisor or foreman or any of them, an order in writing directing compliance with such provision and may require the order to be carried out forthwith or within such time as he or she specifies. R.S.O. 1990, c. E.16, s. 8 (1). Idem (2) Where an inspector gives an order under this section, the order shall contain sufficient information to specify the nature of the contravention. R.S.O. 1990, c. E.16, s. 8 (2). Affixing tags (3) Where an inspector gives an order under this section and he or she considers that the contravention of this Act or the regulations may be a hazard to persons or property, the inspector, (a) shall order that the appliance or work shall not be used until the order is complied with; (b) shall affix a tag in the prescribed form to the appliance or work and, subject to subsection (4), no person except an inspector shall remove the tag; and (c) shall notify in writing the owner or person in charge of the appliance or work and the handler of the affixing of the tag. R.S.O. 1990, c. E.16, s. 8 (3). Removal of tags (4) Where a tag has been affixed to the appliance or work, the tag shall not be removed except by a gas fitter, propane fitter or oil-burner mechanic certified under this Act and the regulations who has made the appliance or work conform to or comply with this Act and the regulations. R.S.O. 1990, c. E.16, s. 8 (4). Idem (5) When the tag is removed by a gas fitter, propane fitter or oil-burner mechanic under subsection (4), the fitter or mechanic shall endorse his or her certificate number, name and address upon the tag and send it by prepaid registered mail or deliver it to the inspector who affixed the tag. R.S.O. 1990, c. E.16, s. 8 (5). Use of tagged appliance (6) No person shall remove a hydrocarbon from or knowingly supply a hydrocarbon to an appliance or work to which a tag is attached, except a gas fitter, propane fitter or oil-burner mechanic certified under this Act and the regulations for the purpose of making the appliance or work conform to or comply with this Act and the regulations. R.S.O. 1990, c. E.16, s. 8 (6). Idem (7) No person shall use an appliance or work to which a tag is attached. R.S.O. 1990, c. E.16, s. 8 (7). Appeal from inspector (8) Any person who considers themself aggrieved by a decision or order of an inspector made under this section may appeal to the Director who shall hear and dispose of the appeal as promptly as is practicable but the bringing of such appeal does not affect the operation of the decision or order appealed from pending disposition of the appeal. R.S.O. 1990, c. E.16, s. 8(8); 1993, c. 27, Sched. Oral or written (9) An appeal to the Director may be made in writing or orally or by telephone but the Director may require the grounds for appeal to be specified in writing before the appeal is heard. R.S.O. 1990, c. E.16, s. 8 (9). Powers of Director (10) On an appeal under this section, the Director may substitute his or her findings or opinion for those of the inspector who made the decision or order appealed from and may rescind or affirm the decision or order or make a new decision or order in substitution therefor and the decision or order of the Director shall stand in place of and have the like effect under this Act as the decision or order of the inspector. R.S.O. 1990, c. E.16, s. 8 (10).