jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notes to Table 1.3.1.4.:
3.2.4.10. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew Registration (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 applicant or 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 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. (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 the applicant or 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, 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. 3.2.5. Qualifications — Other Designers
Notes to Table 1.3.1.4.:
3.2.5.1. General (1) Except as provided in Sentence (3), a person who carries out design activities but is not required under Sentence 3.2.4.1.(1) to be registered with the director under Sentence 3.2.4.2.(1) must have the following qualification: (a) the person must be registered with the director under Sentence 3.2.5.2.(1). (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 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)(c) or who has the qualification required under Sentence (1) will review and take responsibility, (b)  construction
of, (i) a house owned by the person, or (ii) an ancillary building that serves, (A) a house described in Subclause (i), or (B) an individual dwelling unit in a
house 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) of 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, if 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 house or an individual dwelling unit
in a house, and (ii) that has a building area of not more than 55 m2, 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 is commenced within six months after the permit is issued. (4) A person who was qualified on December 31, 2014 under Sentence 3.2.5.1.(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 3.2.5.2.(1), and (b) March 31, 2015.
Notes to Table 1.3.1.4.:
3.2.5.2. Registration and Renewal of a Registration (1) Subject to Article 3.2.5.8., the director
may register an applicant, or renew a registration, in each class of registration applied for, 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 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) the application is complete, and (c) all fees required under Article 3.2.5.5. are paid. (2) For the purposes of a registration or a renewal of a registration in a class of registration, a person who was qualified on December 31, 2014 under Clauses 3.2.5.1.(1)(a) and (b) 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 have the qualifications set out in Clause (1)(a) in that category of qualification. (3) If a person is given notice of a knowledge maintenance examination that relates to the subject matter of an examination program in the category of qualification either after December 31, 2014 under Sentence 3.2.5.7.(1) or, on or before December 31, 2014, under Sentence 3.2.5.2.(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.
Notes to Table 1.3.1.4.:
3.2.5.3. 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 3.2.5.6. (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, and (b) contain evidence, provided by the applicant or registered person, that the applicant or registered person has the qualifications set out in Clause 3.2.5.2.(1)(a).
Notes to Table 1.3.1.4.:
3.2.5.4. 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.:
3.2.5.5. Fees (1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.5.2.(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.:
3.2.5.6. Conditions (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
buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the registered person, (b) in the case of a registered person who is given notice of a knowledge maintenance examination under Sentence 3.2.5.7.(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, (c) 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 3.2.5.3.(4)(a), (d) the registered person 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 assigned to the person by the director
in respect of the person’s registration, (ii) a statement that the person has reviewed and taken responsibility for the design activities, and (iii) the person’s signature.
Notes to Table 1.3.1.4.:
3.2.5.7. 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 3.2.5.2.(1)(a) to every person who, on December 31, 2013, has the qualifications set out in Clauses 3.2.5.1.(1)(a) and (b) 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.:
3.2.5.8. 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 3.2.5.5. 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 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 3.2.5.3.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.2.5.5., 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. 3.2.6. Public Register
Notes to Table 1.3.1.4.:
3.2.6.1. 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 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 with respect to every person registered under Sentence 3.2.4.2.(1): (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, (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 with respect to every person registered under Sentence 3.2.5.2.(1): (a) the name of the registered person, (b) any identifying number assigned by the director to the registered person, and (c) the classes of registration of the registered person. 3.2.7. Classes of Registration and Categories of Qualifications
Notes to Table 1.3.1.4.:
3.2.7.1. 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 3.3. Qualifications for Persons Engaged in the Business of Constructing On Site, Installing, Repairing, Servicing, Cleaning or Emptying Sewage Systems 3.3.1. Scope
Notes to Table 1.3.1.4.:
3.3.1.1. Scope (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. 3.3.2. Definition
Notes to Table 1.3.1.4.:
3.3.2.1. Definition (1) In this Section, “registered” means registered under Sentence 3.3.3.2.(1). 3.3.3. Qualifications
Notes to Table 1.3.1.4.:
3.3.3.1. General (1) 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, (a) the person has been issued, (i) before October 31, 2011, a certificate of approval under section 39 of the Environmental Protection Act in respect of these activities, or (ii) on or after October 31, 2011, an environmental compliance approval under the Environmental Protection Act in respect of these activities, and (b) the certificate of approval or the environmental compliance approval, as applicable, has not been suspended or revoked under that Act.
Notes to Table 1.3.1.4.:
3.3.3.2. Registration and Renewal of a Registration (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 the
construction on site, installation, repair, servicing, cleaning or emptying of 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 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) Subject to Article 3.3.3.9., a person who, on December 31, 2013, is registered under Sentence 3.3.3.2.(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 3.3.3.7. of Division C of that regulation is deemed to be registered under Sentence 3.3.3.2.(1) of this Code, and for these purposes, the person’s 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 3.3.3.2.(1)(a) of Division C of Ontario Regulation 350/06 is deemed to have the qualifications set out in Clause 3.3.3.2.(1)(a) of this Code, but ceases to be deemed to have these qualifications if the person does not successfully complete a knowledge maintenance examination as required under Clause 3.3.3.7.(1)(b).
Notes to Table 1.3.1.4.:
3.3.3.3. 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 3.3.3.7. (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 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) have the qualifications set out in Clause 3.3.3.2.(1)(a).
Notes to Table 1.3.1.4.:
3.3.3.4. Term (1) A registration expires one year after the date of its issuance. (2) Despite Sentence (1), a registration expires three years after the date of its issuance, if the application for registration or renewal of a registration is made before January 1, 2015.
Notes to Table 1.3.1.4.:
3.3.3.5. Fees
Notes to Table 1.3.1.4.:
  (1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.3.3.2.(1)(a) is $150.
Notes to Table 1.3.1.4.:
  (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.
Notes to Table 1.3.1.4.:
 (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.
Notes to Table 1.3.1.4.:
 (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.:
3.3.3.6. Not Transferable (1) A registration is not transferable.
Notes to Table 1.3.1.4.:
3.3.3.7. Conditions (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) by the end of the eighteenth month following the month in which the director gives notice of a knowledge maintenance examination to the registered person under Sentence 3.3.3.8.(1), the registered person shall ensure that persons who are deemed under Sentence 3.3.3.2.(3) to have the qualifications set out in Clause 3.3.3.2.(1)(a) and who will supervise the construction
on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person have successfully completed the knowledge maintenance examination referred to in the notice, (c) 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 3.3.3.3.(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 (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.
Notes to Table 1.3.1.4.:
3.3.3.8. 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 3.3.3.2.(1)(a) to every person who is registered under Sentence 3.3.3.2.(1). (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.
Notes to Table 1.3.1.4.:
3.3.4.1. 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 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 of sewage systems
carried out by the registered person, and (e) any identifying number assigned by the director to the person or persons referred to in Clause (d). Section 3.4. Qualifications for Registered Code Agencies 3.4.1. Scope
Notes to Table 1.3.1.4.:
3.4.1.1. Scope (1) This Section prescribes, for the purposes subsection 15.11 (4) of the Act, the qualifications that a person must have in order to be eligible to be appointed as a registered code agency under the Act. 3.4.2. Definition
Notes to Table 1.3.1.4.:
3.4.2.1. Definition (1) In this Section, “registered” means registered under Sentence 3.4.3.2.(1). 3.4.3. Qualifications
Notes to Table 1.3.1.4.:
3.4.3.1. General (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.
Notes to Table 1.3.1.4.:
3.4.3.4. Term (1) A registration expires one year after the date of its issuance.
Notes to Table 1.3.1.4.:
3.4.3.5. Fees (1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.4.3.2.(1)(a), (b) or (c) is $150. (2) The fee for a registration is, (a) $395, 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) $65, 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) $290, 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.:
3.4.3.6. Not Transferable (1) A registration is not transferable.
Notes to Table 1.3.1.4.:
3.4.3.7. Conditions (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 described 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) by the end of the eighteenth month following the month in which the director gives notice of a knowledge maintenance examination to the registered person under Sentence 3.4.3.8.(1), the registered person shall ensure that the persons who are deemed under Clause 3.4.3.2.(3)(a) or (b) to have the qualifications set out in Clause 3.4.3.2.(1)(a) or (b), as applicable, have successfully completed the knowledge maintenance examination referred to in the notice, (d) the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 3.6.2., (e) 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 3.4.3.3.(5) 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 or to activities carried out under the registration as the director may reasonably require, and (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.
Notes to Table 1.3.1.4.:
3.4.3.8. 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 3.4.3.2.(1)(a), (b) or (c) to every person who is registered under Sentence 3.4.3.2.(1) in a class of registration set out in Column 1 of Table 3.5.2.2. to which the 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.
Notes to Table 1.3.1.4.:
3.4.3.10. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew a Registration (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 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 applicant or 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 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. (7) If the applicant or 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, 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 such purposes the Tribunal
may substitute its opinion for that of the director. (8) 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. 3.4.4. Public Register
Notes to Table 1.3.1.4.:
3.4.4.1. 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 subsection 15.11 (4) 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 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. 3.4.5. Classes of Registration and Categories of Qualifications
Notes to Table 1.3.1.4.:
3.4.5.1. Classes and Categories (1) Table 3.5.2.2. contains the classes of registration and categories of qualifications for the purposes of this Section. Section 3.5. Classes of Registration and Categories of Qualifications 3.5.1. Scope
Notes to Table 1.3.1.4.:
3.5.1.1. Scope (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. 3.5.2. Classes of Registration and Categories of Qualifications
Notes to Table 3.5.2.1.:
3.5.2.2. Registered Code Agencies (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). Table 3.5.2.2.   Classes of Registration and Categories of Qualifications for Registered Code Agencies Forming Part of Sentence 3.5.2.2.(1) Item   Column 1   Column 2   Column 3 

      Classes of Registration for Registered Code Agencies   Category of Qualification for Persons Described in Clauses 3.4.3.2.(1)(a) to (c)   Type of Building 

      Reference to Table 3.5.2.1. 

  1.   House   House   Column 3 of Item 1 

          Plumbing - House   Column 3 of Item 5 

          HVAC – House   Column 3 of Item 7 

          On-Site Sewage Systems   Column 3 of Item 10 

  2.   Small Buildings   Small Buildings   Column 3 of Item 2 

          Plumbing - All Buildings   Column 3 of Item 6 

          Building Services   Column 3 of Item 8 

          Building Structural   Column 3 of Item 9 

          On-Site Sewage Systems   Column 3 of Item 10 

  3.   Large Buildings   Large Buildings   Column 3 of Item 3 

          Plumbing - All Buildings   Column 3 of Item 6 

          Building Services   Column 3 of Item 8 

          Building Structural   Column 3 of Item 9 

          On-site Sewage Systems   Column 3 of Item 10 

  4.   Complex Buildings   Complex Buildings   Column 3 of Item 4 

          Plumbing - All Buildings   Column 3 of Item 6 

          Building Services   Column 3 of Item 8 

          Building Structural   Column 3 of Item 9 

          On-site Sewage Systems   Column 3 of Item 10 

  5.   On-site Sewage Systems   On-site Sewage Systems   Column 3 of Item 10 Section 3.6. Insurance 3.6.1. Scope
Notes to Table 3.5.2.1.:
3.6.1.1. Scope (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. 3.6.2. Insurance for Registered Code Agencies and Persons Referred to in Subsection 15.11 (5) of the Act
Notes to Table 3.5.2.1.:
3.6.2.1. Definition (1) In this Subsection, “registered person” means a person who is registered under Sentence 3.2.4.2.(1) or 3.4.3.2.(1).
Notes to Table 3.5.2.1.:
3.6.2.2. Scope (1) Every registered person shall have insurance coverage under an insurance policy that satisfies the requirements set out in Article 3.6.2.3.
Notes to Table 3.5.2.1.:
3.7.1.1. Agreements (1) A registered code agency may not be appointed under subsection 4.1 (2) of the Act, unless the agreement entered into between a principal authority and the registered code agency complies with the requirements set out in Sentences (2) and (3). (2) An agreement described in Sentence (1) shall, (a) be made in writing, (b) specify the functions that the registered code agency is authorized to perform, (c) specify the construction
of the building or class of buildings
in respect of which the functions will be performed, (d) 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, (e) 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), and (f) 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. (3) An agreement described in Sentence (1), (a) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence, 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 Sentence 3.4.3.2.(1).
Notes to Table 3.5.2.1.:
3.7.1.2. Appointments (1) A registered code agency may not be appointed under subsection 4.1 (2) of the Act unless the appointment complies with the requirements of Sentences (2) and (3). (2) An appointment described in Sentence (1) shall, (a) be made in writing, (b) specify the construction
of the building or class of buildings
in respect of which the appointment relates, (c) specify the functions described in section 15.15 of the Act that the registered code agency is appointed to perform, and (d) require that the registered code agency carry out its functions under the appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d). (3) An appointment described in Sentence (1) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence. 3.7.2. When a Registered Code Agency may not be Appointed or Continue to Act under an Appointment
Notes to Table 3.5.2.1.:
3.7.2.1. General (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 Sentence 3.4.3.2.(1) 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 the design and general review of construction
of a building must be undertaken by an architect or a professional engineer
or a combination of 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 may 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, or (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. 3.7.3. Additional Functions that Registered Code Agencies may be Appointed to Perform
Notes to Table 3.5.2.1.:
3.7.3.1. General (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) or (6). 3.7.4. Manner in Which Registered Code Agency Shall Perform Functions
Notes to Table 3.5.2.1.:
3.7.4.1. General (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 described 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 MMAH Supplementary Standard SC-1, “Code of Conduct for Registered Code Agencies”.
Notes to Table 3.5.2.1.:
3.7.4.2. Plans Review and Inspection Activities (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. for which the person is carrying out the activities. (2) By the end of the eighteenth month following the month in which the director gives notice of a knowledge maintenance examination to the registered code agency under Sentence 3.4.3.8.(1), the registered code agency shall ensure that the persons described in Sentence (1) who are deemed under Clause 3.4.3.2.(3)(b) or (c), as applicable, to have the qualifications set out in Clause 3.4.3.2.(1)(b) or (c), as applicable, in the category of qualification to which the notice relates and who will carry out plans review and inspection activities of the registered code agency in that category of qualification, have successfully completed the knowledge maintenance examination referred to in the notice. (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, and (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.
Notes to Table 3.5.2.1.:
3.7.4.4. Issuance of Orders by Registered Code Agencies (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 who has the qualifications set out 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 who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c).
Notes to Table 3.5.2.1.:
3.7.4.5. Authorized Persons (1) Persons who have the qualifications set out in Clause 3.4.3.2.(1)(a), (b) or (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 has the qualifications set out 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.