jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notes to Table 1.3.1.4.:
1.7.1.1. General (1) The boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. are prescribed, for the purposes of subsection 3.1 (1) of the Act, as the boards of health and conservation authorities that are responsible for the enforcement of the provisions of the Act and this Code related to sewage systems in the municipalities
and territory without municipal organization prescribed in Column 2 of Table 1.7.1.1. Table 1.7.1.1.   Enforcement of the provisions of the Act and this Code Related to Sewage Systems Forming Part of Sentence 1.7.1.1.(1) Item   Column 1 Board of Health or Conservation Authority   Column 2 Geographic Area 

  1.   Board of Health of the Northwestern Health Unit   All municipalities and territory without municipal organization located in the Northwestern Health Unit 

  2.   Board of Health of the Thunder Bay District Health Unit   All municipalities and territory without municipal organization located in the Thunder Bay District Health Unit 

  3.   Board of Health of the Porcupine Health Unit   All municipalities and territory without municipal organization located in the Porcupine Health Unit 

  4.   Board of Health of the Algoma Health Unit   All municipalities and territory without municipal organization located in the Algoma Health Unit 

  5.   Board of Health of the Sudbury and District Health Unit   All municipalities and territory without municipal organization located in the Sudbury and District Health Unit 

  6.   Board of Health of the Timiskaming Health Unit   All municipalities and territory without municipal organization located in the Timiskaming Health Unit 

  7.   North Bay-Mattawa Conservation Authority   All municipalities and territory without municipal organization located in: 

            a. the District of Nipissing, except those parts of the District of  Nipissing located in the Timiskaming Health Unit, and 

            b. the District of Parry Sound, except for the Township of The Archipelago, the geographic Townships of Blair, Brown, Harrison, Henvey, Mowat and Wallbridge and the unsurveyed territory north of the geographic Township of Henvey to the French River. Section 1.8. Language 1.8.1. Language
Notes to Table 1.3.1.4.:
1.8.1.1. Language Used on Required Signs (1) All required signs in this Code shall be displayed in the English language or in the English and French languages, including operational material on all life safety equipment and devices. Section 1.9. Fees 1.9.1. Fees
Notes to Table 1.3.1.4.:
1.9.1.1. Annual Report (1) The report referred to in subsection 7 (4) of the Act shall contain the following information in respect of fees authorized under clause 7 (1) (c) of the Act: (a) total fees collected in the 12-month period ending no earlier than three months before the release of the report, (b) the direct and indirect costs of delivering services related to the administration and enforcement of the Act in the area of jurisdiction of the principal authority
in the 12-month period referred to in Clause (a), (c) a breakdown of the costs described in Clause (b) into at least the following categories: (i) direct costs of administration and enforcement of the Act, including the review of applications for permits and inspection of buildings, and (ii) indirect costs of administration and enforcement of the Act, including support and overhead costs, and (d) if a reserve fund has been established for any purpose relating to the administration or enforcement of the Act, the amount of the fund at the end of the 12-month period referred to in Clause (a). (2) The principal authority shall give notice of the preparation of a report under subsection 7 (4) of the Act to every person and organization that has requested that the principal authority provide the person or organization with such notice and has provided an address for the notice.
Notes to Table 1.3.1.4.:
1.9.1.2. Change of Fees (1) Before passing a by-law or resolution or making a regulation under clause 7 (1) (c) of the Act to introduce or change a fee imposed for applications for a permit, for the issuance of a permit or for a maintenance inspection, a principal authority shall, (a) hold the public meeting required under subsection 7 (6) of the Act, (b) ensure that a minimum of 21 days notice of the public meeting is given in accordance with Clause (c), including giving 21 days notice to every person and organization that has, within five years before the day of the public meeting, requested that the principal authority provide the person or organization with such notice and has provided an address for the notice, (c) ensure that the notice under Clause (b), (i) sets out the intention of the principal authority to pass the by-law or resolution or make a regulation under section 7 of the Act and whether the by-law, resolution or regulation would impose any fee that was not in effect on the day the notice is given or would change any fee that was in force on the day the notice is given, (ii) is sent by regular mail to the last address provided by the person or organization that requested the notice in accordance with Clause (b), and (iii) sets out the information described in Clause (d) or states that the information will be made available at no cost to any member of the public upon request, and (d) make the following information available to the public: (i) an estimate of the costs of administering and enforcing the Act by the principal authority, (ii) the amount of the fee or of the change to the existing fee, and (iii) the rationale for imposing or changing the fee. Section 1.10. Sewage System Maintenance Inspection Programs 1.10.1. Discretionary Maintenance Inspection Programs
Notes to Table 1.3.1.4.:
1.10.1.1. Scope (1) This Subsection governs, for the purposes of subsection 34 (2.1) of the Act, maintenance inspection programs
established under clause 7 (1) (b.1) of the Act in respect of sewage systems.
Notes to Table 1.3.1.4.:
1.10.1.2. Application and Inspections (1) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program. (2) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an
inspector shall inspect all sewage systems affected by the maintenance inspection program for compliance with the standards prescribed under clause 34 (2) (b) of the Act in relation to sewage systems that are enforced by the program.
Notes to Table 1.3.1.4.:
1.10.1.3. Certificate as Alternative to Maintenance Inspection (1) A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located. (2) The certificate referred to in Sentence (1) shall, (a) be in a form approved by the Minister, (b) be signed by a person described in Sentence (3), and (c) confirm that the person, (i) has conducted an inspection of the sewage system to which the certificate relates, and (ii) is satisfied on reasonable grounds that, on the date on which the certificate is signed, the sewage system to which the certificate relates is in compliance with the standards prescribed under clause 34 (2) (b) of the Act in relation to sewage systems that are enforced by the
maintenance inspection program. (3) Subject to Sentence (4), the following persons are authorized to sign a certificate referred to in Sentence (1): (a) a person registered under Article 3.2.4.2. in the class of registration set out in Column 1 of Item 10 of Table 3.5.2.1., (b) a person registered under Article 3.3.3.2., (c) an architect, (d) a professional engineer. (4) A person shall not sign a certificate referred to in Sentence (1) if the person would be in a conflict of interest. (5) For the purposes of Sentence (4), a person would be in a conflict of interest if the person, or an officer, director, partner or employee of the person (where the person is a corporation or partnership), or any person engaged by the person to perform functions for the person, (a) has participated or participates, in any capacity, in design activities or construction relating to any part of the sewage system to which the certificate 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 sewage system to which the certificate relates, (c) has a professional or financial interest in, (i) the construction of the sewage system
to which the certificate relates, (ii) the sewage system to which the certificate relates, or (iii) the person responsible for the design of the sewage system to which the certificate relates, or (d) is an elected official, officer or employee of a principal authority. 1.10.2. Mandatory Maintenance Inspection Program
Notes to Table 1.3.1.4.:
1.10.2.1. Scope (1) This Subsection establishes and governs, for the purposes of subsection 34 (2.2) of the Act, a maintenance inspection program in respect of standards prescribed under clause 34 (2) (b) of the Act in relation to
sewage systems.
Notes to Table 1.3.1.4.:
1.10.2.2. Administration of Maintenance Inspection Program (1) The principal authority that has jurisdiction in an area affected by the maintenance inspection
program established under Sentence 1.10.2.3.(1) shall administer the program for that area and shall conduct inspections under the program in accordance with this Subsection.
Notes to Table 1.3.1.4.:
2.1.1.1. Documentation (1) The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that, (a) identifies applicable
objectives, functional statements
and acceptable solutions, and (b) establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A. (2) The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements.
Notes to Table 1.3.1.4.:
2.1.1.2. Tests (1) Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable. (2) The results of tests or evaluations based on test standards, other than as described in this Code, may be used for the purposes of Sentence (1), if the alternate test standards provide comparable results. Section 2.2. Building Code Commission 2.2.1. Hearings
Notes to Table 1.3.1.4.:
2.2.1.1. Divisions (1) The Building Code Commission may sit in two or more divisions simultaneously so long as a quorum of each division is present.
Notes to Table 1.3.1.4.:
2.2.1.2. Single Member (1) One member of the Building Code Commission may, with the approval of the chair or vice-chair, hear and determine any dispute set out in Sentence (2) and, for that purpose, the member has all the jurisdiction and powers of the Commission. (2) The disputes referred to in Sentence (1) are, (a) any dispute described in clause 24 (1) (a) of the Act respecting the sufficiency of compliance with technical requirements of this Code related to sewage systems, and (b) any dispute described in clause 24 (1) (b) or (c) of the Act.
Notes to Table 1.3.1.4.:
2.2.1.3. Time Period (1) A hearing to decide a dispute described in Clause 2.2.1.2.(2)(b) shall be held not more than five days after the Commission receives an application for a hearing in a form approved by the Commission. (2) The time period described in Sentence (1) commences on the day after the Commission receives the application and excludes Saturdays, holidays and all other days when the offices of the Government of Ontario are not open for the transaction of business with the public.
Notes to Table 1.3.1.4.:
2.2.1.4. Eligibility (1) The following relationships to a registered code agency are prescribed for the purposes of clause 23 (3) (d) of the Act as relationships to a registered code agency
that make a person ineligible to be a member of the Commission: (a) the person is registered under Article 3.4.3.2. as a registered code agency, (b) the person is an officer, director, partner or employee of a registered code agency, or (c) the person is engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency.
Notes to Table 1.3.1.4.:
2.2.1.5. Application Fee (1) The fee on an application to the Building Code Commission under subsection 24 (1.1) of the Act is, (a) $170, for 2014, and (b) the amount determined in accordance with Sentences (2) and (3) rounded to the nearest dollar, for 2015 and subsequent calendar years. (2) On and after January 1, 2015, the fee for a calendar year is the fee for the previous calendar year adjusted by the percentage change from year to year in the Consumer Price Index for Ontario (All-Items) as reported monthly by Statistics Canada under the authority of the Statistics Act
(Canada), averaged over the 12-month period that ends on March 31 of the previous calendar year, rounded to the first decimal point. (3) Despite Sentence (2), if the percentage change results in a negative amount, the fee for a calendar year shall remain at the same level as the previous calendar year. Section 2.3. Building Materials Evaluation Commission 2.3.1. Application Fee
Notes to Table 1.3.1.4.:
2.3.1.1. Application Fee (1) The fee on an application to the Building Materials Evaluation Commission is, (a) $5,000, for 2015, (b) $7,000, for 2016, (c) $9,000, for 2017, and (d) $11,000, for 2018 and subsequent calendar years. Section 2.4. Rulings and Interpretations 2.4.1. Minister’s Rulings — Innovative Materials, Systems or Building Designs
Notes to Table 1.3.1.4.:
2.4.1.1. Designated Materials Evaluation Bodies (1) The following body is designated as a materials evaluation body for the purposes of clause 29 (1) (a) of the Act: Canadian Construction Materials Centre of the National Research Council of Canada
Notes to Table 1.3.1.4.:
2.4.1.2. Fee (1) The fee on a request for a ruling under clause 29 (1) (a) of the Act is, (a) $560, for 2014, and (b) the amount determined in accordance with Sentences (2) and (3) rounded to the nearest dollar, for 2015 and subsequent calendar years. (2) On and after January 1, 2015, the fee for a calendar year is the fee for the previous calendar year adjusted by the percentage change from year to year in the Consumer Price Index for Ontario (All-Items) as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), averaged over the 12-month period that ends on March 31 of the previous calendar year, rounded to the first decimal point. (3) Despite Sentence (2), if the percentage change results in a negative amount, the fee for a calendar year shall remain at the same level as the previous calendar year. 2.4.2. Minister’s Rulings — Alternative Materials, Systems or Building Designs
Notes to Table 1.3.1.4.:
2.4.2.1. Criteria (1) Sentence (2) sets out criteria to be followed by the Minister when making a ruling under clause 29 (1) (c) of the Act to approve the use of an alternative material, system or building design. (2) The Minister’s approval of the use of an alternative material, system or building design referred to in Sentence (1) may be granted only if the approval is consistent with, (a) a decision of the Building Code Commission in respect of a dispute described in clause 24 (1) (a) of the Act, (b) an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or (c) a revision of the CCBFC NRCC 56190, “National Building Code of Canada”, or the CCBFC NRCC 56193, “National Plumbing Code of Canada”, that has been approved by the Canadian Commission on Building and Fire Codes. 2.4.3. Interpretations By Minister
Notes to Table 1.3.1.4.:
2.4.3.1. Interpretations By Minister (1) Every interpretation issued by the Minister
under section 28.1 of the Act shall be made available to the public, (a) by posting the interpretation on the Building Code website, and (b) by providing a written copy of the interpretation on receipt of a request for it. O. Reg. 332/12, Division C, Part 2; O. Reg. 360/13, ss. 1-3; O. Reg. 191/14, s. 155; O. Reg. 88/19, s. 294. Part 3   Qualifications Section   3.1.   Qualifications for Chief Building Officials and Inspectors 

      3.1.1.   Scope and Definition 

      3.1.2.   Chief Building Officials 

      3.1.3.   Supervisors and Managers 

      3.1.4.   Inspectors 

      3.1.5.   Qualifications — Chief Building Officials, Supervisors and Managers, and Inspectors 

      3.1.6.   Public Register 

      3.1.7.   Classes of Registration and Categories of Qualifications 

            

  Section   3.2.   Qualifications for Designers 

      3.2.1.   Scope  

      3.2.2.   General 

      3.2.3.   Definition 

      3.2.4.   Qualifications — Persons Engaged in the Business of Providing Design Activities to the Public 

      3.2.5.   Qualifications — Other Designers 

      3.2.6.   Public Register  

      3.2.7.   Classes of Registration and Categories of Qualifications 

            

  Section   3.3.   Qualifications for Persons Engaged in the Business of Constructing On Site, Installing, Repairing, Servicing, Cleaning or Emptying Sewage Systems 

      3.3.1.   Scope  

      3.3.2.   Definition 

      3.3.3.   Qualifications 

      3.3.4.   Public Register  

            

  Section   3.4.   Qualifications for Registered Code Agencies 

      3.4.1.   Scope 

      3.4.2.   Definition 

      3.4.3.   Qualifications 

      3.4.4.   Public Register 

      3.4.5.   Classes of Registration and Categories of Qualifications 

            

  Section   3.5.   Classes of Registration and Categories of Qualifications 

      3.5.1.   Scope 

      3.5.2.   Classes of Registration and Categories of Qualifications 

            

  Section   3.6.   Insurance 

      3.6.1.   Scope  

      3.6.2.   Insurance for Registered Code Agencies and Persons Referred to in Subsection 15.11 (5) of the Act 

            

  Section   3.7.   Registered Code Agencies 

      3.7.1.   Appointment of Registered Code Agency under Section 4.1 of the Act 

      3.7.2.   When a Registered Code Agency may not be Appointed or Continue to Act under an Appointment 

      3.7.3.   Additional Functions that Registered Code Agencies may be Appointed to Perform 

      3.7.4.   Manner in Which Registered Code Agency Shall Perform Functions 

      3.7.5.   Termination of Appointment of a Registered Code Agency 

      3.7.6.   Information to be Provided 

      3.7.7.   Referral of Stop Work Order Section 3.1. Qualifications for Chief Building Officials and Inspectors 3.1.1. Scope and Definition
Notes to Table 1.3.1.4.:
3.1.1.1. Scope (1) Except as provided in Sentence (2), this Section prescribes, for the purposes of subsections 15.11 (1), (2) and (3) of the Act, (a) the qualifications that a person must satisfy to be appointed and to remain appointed as, (i) a chief building official under the Act, or (ii) an inspector who has the same powers and duties as a chief building official in relation to plumbing, (b) the qualifications that a person must satisfy to be appointed and to remain appointed as, (i) an inspector who has the same powers and duties as a chief building official in relation to sewage systems, or (ii) an inspector whose duties include plans review or inspection of sewage systems under the Act, and (c) the qualifications that a person must satisfy to be appointed and to remain appointed as an inspector under the Act, other than an inspector described in Subclause (a)(ii) or (b)(i) or (ii). (2) The qualification requirements for chief building officials and inspectors in Sentence (1) do not apply to plans review and inspection of, (a) site services including, (i) surface drainage, and (ii)  plumbing located underground either outside a building or under a building, (b)  construction
of a factory-built house certified to CSA A277, “Procedure for Factory Certification of Buildings”, (c)  construction
of a mobile home conforming to CSA Z240 MH Series, “Manufactured Homes”, (d)  construction
of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers”, or (e) signs.
Notes to Table 1.3.1.4.:
3.1.1.2. Definition (1) In this Section, “registered” means registered under Sentence 3.1.2.2.(1), 3.1.3.2.(1) or 3.1.4.2.(1), as applicable. 3.1.2. Chief Building Officials
Notes to Table 1.3.1.4.:
3.1.2.1. Qualifications (1) The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as a chief building official or as an inspector who has the same powers and duties as a chief building official
in relation to sewage systems or plumbing: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person who was qualified on December 31, 2014 under Sentence 3.1.2.1.(1), as it read on that date, is deemed to have the qualification set out in Sentence (1) until the earlier of, (a) the day the person is registered under Sentence 3.1.2.2.(1), and (b) March 31, 2015.
Notes to Table 1.3.1.4.:
3.1.2.2. Registration and Renewal of a Registration (1) Subject to Article 3.1.5.7., the director
may register an applicant, or renew a registration, if, (a) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code and the powers and duties of chief building officials, (b) the applicant or registered person also has the qualification set out in Sentence 3.1.4.1.(1), in the case of an applicant or registered person who, under subsection 22 (2) of the Act, will also exercise any of the powers or perform any of the duties of an inspector, (c) the application is complete, and (d) all fees required under Article 3.1.5.3. are paid. (2) For the purposes of a registration or a renewal of a registration, a person who was qualified on December 31, 2014 under Sentence 3.1.2.1.(1), as it read on that date, is deemed to have the qualifications set out in Clause (1)(a). (3) If a person is given notice of a knowledge maintenance examination either after December 31, 2014 under Sentence 3.1.5.6.(1) or, on or before December 31, 2014, under Sentence 3.1.5.1.(2), as it read on that date, and does not successfully complete the knowledge maintenance examination referred to in the notice by the end of the eighteenth month following the month in which the director gives notice of the knowledge maintenance examination to the person, Sentence (2) ceases to apply to the person at the end of that period. 3.1.3. Supervisors and Managers
Notes to Table 1.3.1.4.:
3.1.3.1. Qualifications (1) The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector
whose duties are solely the supervision or management of inspectors: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person who was qualified on December 31, 2014 under Sentence 3.1.3.1.(1), as it read on that date, is deemed to have the qualification set out in Sentence (1) until the earlier of, (a) the day the person is registered under Sentence 3.1.3.2.(1), and (b) March 31, 2015.
Notes to Table 1.3.1.4.:
3.1.3.2. Registration and Renewal of a Registration (1) Subject to Article 3.1.5.7., the director
may register an applicant, or renew a registration, if, (a) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code and the powers and duties of chief building officials, (b) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code in any one category of qualification set out in Column 2 of Table 3.5.2.1., (c) the application is complete, and (d) all fees required under Article 3.1.5.3. are paid. (2) For the purposes of a registration or a renewal of a registration, a person who was qualified on December 31, 2014 under Sentence 3.1.3.1.(1), as it read on that date, is deemed to have the qualifications set out in Clauses (1)(a) and (b). (3) If a person is given notice of a knowledge maintenance examination that relates to the subject matter of an examination program referred to in Clause (1)(a) or (b), as applicable, either after December 31, 2014 under Sentence 3.1.5.6.(1) or, on or before December 31, 2014, under Sentence 3.1.5.1.(2), as it read on that date, and does not successfully complete the knowledge maintenance examination referred to in the notice by the end of the eighteenth month following the month in which the director gives notice of the knowledge maintenance examination to the person, Sentence (2) ceases to apply to the person at the end of that period with respect to the qualifications set out in Clause (1)(a) or (b), as applicable. 3.1.4. Inspectors
Notes to Table 1.3.1.4.:
3.1.4.1. Qualifications (1) Except as provided in Article 3.1.4.3. or 3.1.4.4., the following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties include plans review or inspection under the Act: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person who was qualified on December 31, 2014 under Sentence 3.1.4.1.(1) in a category of qualification set out in Column 2 of Table 3.5.2.1., as they read on that date, is deemed to be registered in the class of registration that corresponds to that category of qualification until the earlier of, (a) the day the person is registered in that class of registration under Sentence 3.1.4.2.(1), and (b) March 31, 2015.
Notes to Table 1.3.1.4.:
3.1.4.4. Qualifications for Maintenance Program Inspectors (1) A person may be appointed or remain appointed under the Act as an inspector whose duties include maintenance inspections of sewage systems, even if the person does not have the qualification set out in Article 3.1.4.1. in respect of these duties. (2) An inspector who is exempt under Sentence (1) is authorized to conduct maintenance inspections
of sewage systems only if the following conditions are met: (a) the person is supervised by an inspector or chief building official
who is registered in the class of registration described in Column 1 of Item 10 of Table 3.5.2.1., and (b) the person does not issue orders under the Act. 3.1.5. Qualifications — Chief Building Officials, Supervisors and Managers, and Inspectors
Notes to Table 1.3.1.4.:
3.1.5.1. Application for Registration or Renewal of a Registration (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 3.1.5.5. (4) An application for registration or renewal of a registration shall, (a) set out the applicant’s or registered person’s name, residence address, residential mailing address, if different from the residence address, and email address, if applicable, (b) set out the name and address of every principal authority that has appointed the person as a chief building official or inspector under the Act, and (c) contain evidence, provided by the applicant or registered person, that the applicant or registered person has the qualifications set out in Clauses 3.1.2.2.(1)(a) and (b), 3.1.3.2.(1)(a) and (b), or 3.1.4.2.(1)(a), as applicable.
Notes to Table 1.3.1.4.:
3.1.5.2. Term (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.
Notes to Table 1.3.1.4.:
3.1.5.3. Fees (1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.1.2.2.(1)(a), 3.1.3.2.(1)(a) or (b) or 3.1.4.2.(1)(a) is $150. (2) The fee for a registration or renewal of a registration is, (a) $105, for 2015, and (b) the amount determined in accordance with Sentences (3) and (4) rounded to the nearest dollar, for 2016 and subsequent calendar years. (3) On and after January 1, 2016, the fee for a calendar year is the fee for the previous calendar year adjusted by the percentage change from year to year in the Consumer Price Index for Ontario (All-Items) as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), averaged over the 12-month period that ends on March 31 of the previous calendar year, rounded to the first decimal point. (4) Despite Sentence (3), if the percentage change results in a negative amount, the fee for a calendar year shall remain at the same level as the previous calendar year.
Notes to Table 1.3.1.4.:
3.1.5.4. Not Transferable (1) A registration is not transferable.
Notes to Table 1.3.1.4.:
3.1.5.5. Conditions (1) The following are the conditions of a registration: (a) the registered person shall, within 15 days after the event, notify the director
in writing of any change in the information set out in Clause 3.1.5.1.(4)(a) or (b), (b) in the case of a registered person who is given notice of a knowledge maintenance examination under Sentence 3.1.5.6.(1), the person shall successfully complete the knowledge maintenance examination referred to in the notice by the end of the eighteenth month following the month in which the director gives notice of the knowledge maintenance examination to the person, and (c) in the case of an inspector registered under Sentence 3.1.4.2.(1), the person shall exercise his or her powers and perform his or her duties only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the person.
Notes to Table 1.3.1.4.:
3.1.5.6. Knowledge Maintenance (1) The director shall give notice of a knowledge maintenance examination administered or authorized by the Ministry of Municipal Affairs in respect of changes described in Sentence (2) that relate to the subject matter of an examination program referred to in Clause 3.1.2.2.(1)(a), 3.1.3.2.(1)(a) or (b) or 3.1.4.2.(1)(a), as applicable, to every person who, on December 31, 2013, has the qualifications set out in Sentence 3.1.2.1.(1), 3.1.3.1.(1) or 3.1.4.1.(1), as applicable, of Division C of Ontario Regulation 350/06 (Building Code) made under the Act. (2) The changes referred to in Sentence (1) are changes made to the Act and Ontario Regulation 350/06 from December 31, 2006 to December 31, 2013 and changes made at the time that regulation is replaced by this Code on January 1, 2014. (3) The director may give the notice referred to in Sentence (1) by sending it, (a) by regular mail to the last address of the person that has been filed with the director, or (b) by email to the last email address of the person that has been filed with the director.
Notes to Table 1.3.1.4.:
3.1.5.7. Suspension, Revocation, Refusal to Register or Renew a Registration (1) The director may, in the circumstances set out in Sentence (2), (a) refuse to register an applicant or to renew a registration, or (b) suspend or revoke a registration. (2) The circumstances referred to in Sentence (1) are, (a) the registered person is in breach of a condition of the registration, (b) the registration was issued on the basis of mistaken, false or incorrect information, (c) an order under subsection 69 (2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid, (d) the application is incomplete, or (e) any fees required under Article 3.1.5.3. remain unpaid. (3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration, the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person. (4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal
if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director
and the Tribunal with notice in writing requesting a hearing. (5) If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3). (6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes, the Tribunal
may substitute its opinion for that of the director. (7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal. (8) Sentences (3) to (7) do not apply and the director
may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director. (9) If, within the time period set out in Sentence 3.1.5.1.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.1.5.3., the registration is deemed to continue until the earlier of, (a) the day the registration is renewed, and (b) if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal
makes its order. 3.1.6. Public Register
Notes to Table 1.3.1.4.:
3.1.6.1. Public Register (1) The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsections 15.11 (1), (2) and (3) of the Act and has been appointed as a chief building official or inspector by a principal authority. (2) The register referred to in Sentence (1) shall contain the following information with respect to each registered person: (a) the name of the registered person, (b) any identifying number assigned by the director to the registered person, (c) the name and address of each principal authority that has appointed the registered person as a chief building official or inspector, and (d) the classes of registration of the registered person. 3.1.7. Classes of Registration and Categories of Qualifications
Notes to Table 1.3.1.4.:
3.1.7.1. Classes and Categories (1) Table 3.5.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section. Section 3.2. Qualifications for Designers 3.2.1. Scope
Notes to Table 1.3.1.4.:
3.2.1.1. Scope (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.
Notes to Table 1.3.1.4.:
3.2.2.2. Other Designers (1) Every person who carries out design activities
must have the qualification set out in Sentence 3.2.5.1.(1), if the person is not required to have the qualification set out in Sentence 3.2.4.1.(1). 3.2.3. Definition
Notes to Table 1.3.1.4.:
3.2.3.1. Definition (1) “Registered” means, (a) in Subsection 3.2.4., registered under Sentence 3.2.4.2.(1), and (b) in Subsection 3.2.5., registered under Sentence 3.2.5.2.(1). 3.2.4. Qualifications – Persons Engaged in the Business of Providing Design Activities to the Public
Notes to Table 1.3.1.4.:
3.2.4.1. General (1) Except as provided in Sentences (3) and (4), every person engaged in the business of providing design activities to the public must have the following qualification: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person is exempt from the requirement to comply with the qualification in Sentence (1), if the person’s design activities relate only to, (a)  construction
of a home as defined under the Ontario New Home Warranties Plan Act that will be constructed or sold by that person, if the person is a builder or vendor as defined in that Act and is registered under that Act, (b)  construction
of a building that is owned by that person, (c)  construction
of a farm building that, (i) is of low human occupancy, (ii) is 2 storeys or less in building height, and (iii) has a building area of less than 600 m2, (d) the extension, material alteration or repair of a house, (e) a sewage system to be constructed by that person if the person is registered under Article 3.3.3.2., (f)  construction
of tents described in Sentence 3.14.1.2.(2) of Division B, (g)  construction
of signs, (h)  construction
of site services, including, (i) surface drainage, and (ii)  plumbing located underground, either outside a building or under a building, (i)  construction
of a factory-built house certified to CSA A277, “Procedure for Factory Certification of Buildings”, (j)  construction
of a mobile home conforming to CSA Z240 MH Series, “Manufactured Homes”, (k)  construction
of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers”, (l)  construction
of pre-engineered elements of a building, if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances, (m)  construction
of appliances, equipment and similar incidental components of a building, or (n)  construction
of a building for which a permit under section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued. (4) A person is exempt from the requirements to comply with the qualification in Sentence (1), if the person’s design activities
are with respect to a house and the design activities relate only to, (a) a plumbing
system, (b) a heating, ventilation and air-conditioning system, or (c) ancillary buildings
such as garages.
Notes to Table 1.3.1.4.:
3.2.4.2. Registration and Renewal of a Registration (1) Subject to Articles 3.2.4.9. and 3.2.4.10., 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 relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made, (b) all other persons engaged by the applicant or registered person who will review and take responsibility for design activities provided to the public by the applicant or registered person for the purposes of Clause 3.2.4.7.(1)(d) have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made, (c) the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for, (d) the application is complete, and (e) all fees required under Article 3.2.4.5. are paid. (2) Subject to Articles 3.2.4.9. and 3.2.4.10., a person who, on December 31, 2013, is registered in a class of registration under Sentence 3.2.4.2.(1) of Division C of Ontario Regulation 350/06 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.4.7. of Division C of that regulation is deemed to be registered in the class of registration under Sentence 3.2.4.2.(1) of this Code, and for these purposes, the person’s registration in the class of registration is deemed to continue until its term expires. (3) For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2013, has the qualifications set out in Clause 3.2.4.2.(1)(a) or (b), as applicable, of Division C of Ontario Regulation 350/06 in a class of registration is deemed to have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b), as applicable, of this Code, in the class of registration, but ceases to be deemed to have these qualifications if the person does not successfully complete a knowledge maintenance examination as required under Subclause 3.2.4.7.(1)(d)(i) or (ii), as applicable.
Notes to Table 1.3.1.4.:
3.2.4.3. Application for Registration or Renewal of a Registration (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 a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be. (5) An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who, (a) have the qualifications set out in Clause 3.2.4.2.(1)(a) in the class or classes of registration for which the application is made, and (b) have the qualifications set out in Clause 3.2.4.2.(1)(b) and will review and take responsibility for the design activities provided to the public by the applicant or registered person in the class or classes of registration for which the application is made. (6) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b). (7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person in such form and in such detail as may be required by the director, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.
Notes to Table 1.3.1.4.:
3.2.4.4. Term (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.
Notes to Table 1.3.1.4.:
3.2.4.5. Fees (1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.4.2.(1)(a) or (b) is $150. (2) The fee for a registration is, (a) $165, for 2015, and (b) the amount determined in accordance with Sentences (5) and (6) rounded to the nearest dollar, for 2016 and subsequent calendar years. (3) The fee for the addition of a new class of registration is, (a) $35, for 2015, and (b) the amount determined in accordance with Sentences (5) and (6) rounded to the nearest dollar, for 2016 and subsequent calendar years. (4) The fee for renewal of a registration is, (a) $125, for 2015, and (b) the amount determined in accordance with Sentences (5) and (6) rounded to the nearest dollar, for 2016 and subsequent calendar years. (5) On and after January 1, 2016, the fee for a calendar year is the fee for the previous calendar year adjusted by the percentage change from year to year in the Consumer Price Index for Ontario (All-Items) as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), averaged over the 12-month period that ends on March 31 of the previous calendar year, rounded to the first decimal point. (6) Despite Sentence (5), if the percentage change results in a negative amount, the fee for a calendar year shall remain at the same level as the previous calendar year.
Notes to Table 1.3.1.4.:
3.2.4.6. Not Transferable (1) A registration is not transferable.
Notes to Table 1.3.1.4.:
3.2.4.8. Knowledge Maintenance (1) The director shall give notice of a knowledge maintenance examination administered or authorized by the Ministry of Municipal Affairs in respect of changes described in Sentence (2) that relate to the subject matter of an examination program referred to in Clause 3.2.4.2.(1)(a) or (b) to every person who is registered under Sentence 3.2.4.2.(1) in a class of registration to which the knowledge maintenance examination relates. (2) The changes referred to in Sentence (1) are changes made to the Act and Ontario Regulation 350/06 (Building Code) from December 31, 2006 to December 31, 2013 and changes made at the time that regulation is replaced by this Code on January 1, 2014. (3) The director may give the notice referred to in Sentence (1) by sending it, (a) by regular mail to the last address of the registered person that has been filed with the director, or (b) by email to the last email address of the registered person that has been filed with the director.