jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notes to Table 1.3.1.4.:
3.2.4.2. Registration and Renewal of a Registration (1) Subject to Article 3.2.4.9., the director may register an applicant, or renew a registration, in each class of registration applied for, if, (a) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out on Column 3 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 2 of Table 3.5.2.1. for which application is made, (b) all persons who will review and take responsibility for design activities provided to the public by the applicant or registered person for the purposes of Clause 3.2.4.7.(1)(d) have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out on Column 3 of Table 3.5.2.1. that correspond to each class of registration set out in Column 2 of Table 3.5.2.1. for which application is made, (c) the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for, (d) the application is complete, and (e) all fees required under Article 3.2.4.5. are paid.
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 registration, the application shall set out the names and residence addresses of all of its partners, directors or officers, as the case may be. (5) An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person who, (a) have the qualifications set out in Clause 3.2.4.2.(1)(a) in the class or classes of registration for which the application is made, and (b) have the qualifications set out in Clause 3.2.4.2.(1)(b) and will review and take responsibility for the design activities provided to the public by the applicant or registered person in the class or classes of registration for which the application is made. (6) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) meet the qualifications set out in Clauses 3.2.4.2.(1)(a) and (b). (7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.
Notes to Table 1.3.1.4.:
3.2.4.5. Fees (1) The fee for a registration is $125. (2) The fee for a registered person to add a new class of registration is $25. (3) The fee for renewal of a registration is $80. (4) The amount of a fee referred to in Sentence (1), (2) or (3) is reduced by 15 per cent and rounded to the nearest whole dollar if the application is made and the fee is paid in accordance with a means of electronic filing and payment specified by the director. (5) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Subsection.
Notes to Table 1.3.1.4.:
3.2.4.8. Updating of Qualifications (1) Where an examination referred to in Clause 3.2.4.2.(1)(a) or (b) is replaced with a new examination, the director shall give notice of the new examination to every registered person who is registered in a class of registration to which the new examination relates. (2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the registered person that has been provided to the director.
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 registered person. (4) A suspension or revocation of a registration under Sentence (1) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the suspension or revocation of the registration. (5) A notice under Sentence (3) shall state that the registered person is entitled to a hearing before the Tribunal if the registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing. (6) The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration and may grant the stay subject to conditions. (7) If a registered person requests a hearing before the Tribunal in accordance with Sentence (5), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, as the case may be, and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director. (8) The director and the registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal. 3.2.5. Qualifications – Other Designers
Notes to Table 1.3.1.4.:
3.2.5.2. Updating of Qualifications (1) When an examination that is part of an examination program referred to in Clause 3.2.5.1.(1)(a) is replaced with a new examination, the director shall give notice of the new examination to every person who has, pursuant to Clause 3.2.5.1.(1)(b), informed the director that he or she has completed the examination before its replacement. (2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the person that has been filed with the director. (3) It is a prescribed qualification for the purposes of clause 8 (2) (c) and subsection 15.11 (5) of the Act that, not more than 180 days after the day on which the notice referred to in Sentence (1) is given, the person to whom the notice is given shall, (a) successfully complete all new examinations referred to in the notice, and (b) file the information set out in Sentence 3.2.5.3.(1) with the director in a form established by the director.
Notes to Table 1.3.1.4.:
3.2.5.3. Information (1) The information referred to in Clauses 3.2.5.1.(1)(b) and 3.2.5.2.(3)(b) is the following: (a) the person’s name, residence address and residential mailing address, if different from the residence address, and (b) information about the examinations that the person has successfully completed, in such detail as may be required by the director. (2) A person who has filed information under Sentence (1) with the director shall advise the director of any change of address within 15 days of the change.
Notes to Table 1.3.1.4.:
3.2.5.4. Fees (1) The fee payable upon the filing of information referred to in Clause 3.2.5.1.(1)(b) or 3.2.5.2.(3)(b) is $80. (2) The amount of a fee referred to in Sentence (1) is reduced by $10 if the information is filed and the fee is paid in accordance with a means of electronic filing and payment specified by the director. (3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section. 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 in respect of every registered person: (a) the name of the registered person, (b) any identifying number assigned by the director to the registered person, (c) the business address of the registered person, (d) classes of registration of the registered person, (e) the names of the person or persons who will review and take responsibility for design activities carried out by the registered person in each class of registration, and (f) any identifying number assigned by the director to the person or persons referred to in Clause (e). (3) The register referred to in Sentence (1) shall contain the following information in respect of persons who have the qualifications referred to in Sentence 3.2.5.1.(1): (a) the name of the person, (b) any identifying number assigned by the director to the person, (c) the qualifications of that person. 3.2.7. Classes of Registration and Categories of Qualifications
Notes to Table 1.3.1.4.:
3.3.2.1. Definition (1) In this Section, registered means registered under Article 3.3.3.2. 3.3.3. Qualifications
Notes to Table 1.3.1.4.:
3.3.3.1. General (1) Commencing on the day this Section comes into force, persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems shall have the following qualification: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person is exempt from the requirement to comply with the qualification in Sentence (1) in respect of the activities of cleaning and emptying sewage systems if the person has been issued a certificate of approval under section 39 of the Environmental Protection Act in respect of the activities of cleaning and emptying sewage systems.
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 construction on site, installation, repair, servicing, cleaning or emptying sewage systems carried out by the applicant or registered person have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act, this Code and the construction, maintenance and operation of sewage systems, (b) the application is complete, and (c) all fees required under Article 3.3.3.5. are paid. (2) A person who had, on August 31, 2003, the qualification described in Clause 2.12.4.6.(1)(a) of Ontario Regulation 403/97 (Building Code), as it read on that day, shall be deemed to have successfully completed the examination program described in Clause (1)(a).
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 who have been engaged by the applicant or registered person, who, (a) have the qualifications set out in Clause 3.3.3.2.(1)(a), and (b) will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems to be carried out by the applicant or registered person. (6) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) meet the qualifications set out in Clause 3.3.3.2.(1)(a).
Notes to Table 1.3.1.4.:
3.3.3.4. Term (1) A registration expires 3 years after the date of its issuance.
Notes to Table 1.3.1.4.:
3.3.3.5. Fees  (1) The fee for a registration or renewal of a registration is $50. (2) The amount of a fee referred to in Sentence (1) is reduced by $5 if the application is made and the fee is paid in accordance with a means of electronic filing and payment specified by the director. (3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section.
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) not more than 180 days after the day a notice is given under Sentence 3.3.3.8.(1) by the director to the registered person, the registered person shall, (i) ensure that the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person is supervised by persons who have successfully completed the new examinations referred to in the notice, and (ii) provide the following information to the director: (A) the name of the person or persons carrying out the supervision, and (B) information about the examinations that the person or persons have successfully completed, in such detail as may be required by the director, (c) the registered person shall, within 15 days after the event, notify the director in writing, (i) of any change in address of the registered person for correspondence relating to the registration, and (ii) of any change in the information set out in Sentences 3.3.3.3.(4) and (5), (d) the registered person shall give prompt written notice to the director of any material change in any of the information other than the information referred to in Clause (1)(c) that is contained in or accompanies an application for registration or renewal of a registration, (e) the registered person shall, from time to time, at the registered person’s expense, give the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and (f) the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.
Notes to Table 1.3.1.4.:
3.3.3.8. Updating of Qualifications (1) When an examination that is part of an examination program referred to in Clause 3.3.3.2.(1)(a) is replaced with a new examination, the director shall give notice of the new examination to every registered person. (2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the registered person that has been provided to the director.
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 listing every person who has the qualifications required by subsection 15.12 (1) of the Act. (2) The register referred to in Sentence (1) shall contain the following information with respect to every registered person: (a) the name of the registered person, (b) any identifying number assigned by the director to the registered person, (c) the business address of the registered person, (d) the names of the person or persons who will supervise the construction on site, installation, repair, servicing, cleaning or emptying sewage systems carried out by the registered person, and (e) any identifying number assigned by the director to the persons referred to in Clause (d). 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 meet in order to be eligible to be appointed after June 30, 2005 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 Article 3.4.3.2. 3.4.3. Qualifications
Notes to Table 1.3.1.4.:
3.4.3.2. Registration and Renewal of a Registration (1) Subject to Article 3.4.3.9., the director may register an applicant, or renew a registered person’s registration, in each class of registration applied for if, (a) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code and the powers and duties of a registered code agency, (b) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, one or more directors, officers, partners or employees of the applicant or registered person, have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.2. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.2. for which application is made, (c) all persons who will carry out plans review and inspection activities on behalf of the registered code agency have the qualifications set out in Clause (b) in respect of each class of registration for which application is made, (d) the applicant or registered person has in place a quality management plan referred to in Sentence 3.4.3.3.(3) for carrying out the activities of the applicant or registered person under the registration that is acceptable to the director, (e) the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for, (f) the application is complete, and (g) all fees required under Article 3.4.3.5. are paid.
Notes to Table 1.3.1.4.:
3.4.3.5. Fees  (1) The fee for registration is $300. (2) The fee for the addition of a new class of registration is $50. (3) The fee for renewal of a registration is $220. (4) The amount of a fee referred to in Sentence (1), (2) or (3) is reduced by 15 per cent and rounded to the nearest whole dollar if the application is made and the fee is paid in accordance with a means of electronic filing and payment specified by the director. (5) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section.
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 referred to in Clause 3.4.3.2.(1)(d), (b) if the registered person is a corporation or partnership, during the term of the registration there must be, (i) an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 3.4.3.2.(1)(a), and (ii) one or more officers, directors, partners or employees of the registered person who have the qualifications set out in Clause 3.4.3.2.(1)(b) in respect of each class of registration that is held by the registered person, (c) not more than 180 days after the day a notice is given under Sentence 3.4.3.8.(1) by the director to the registered person, the registered person shall, (i) ensure that the persons referred to in Clause (1)(b) have successfully completed the new examinations referred to in the notice, and (ii) provide to the director the names of the persons and information about the examinations that the persons have successfully completed, in such detail as may be required by the director, (d) the registered person shall during the term of the registration, be covered by the insurance required by Subsection 3.6.2., (e) the registered person shall, within 15 days after the event, notify the director in writing, (i) of any change in address of the registered person for correspondence relating to the registration, and (ii) of any change in the information set out in Sentences 3.4.3.3.(5) and (6) , (f) the registered person shall give prompt written notice to the director of any material change in any of the information, other than the information referred to in Clause (e) that is contained in or accompanies an application for registration or renewal of a registration, (g) the registered person shall, from time to time, at the registered person’s expense, give to the director such documents or information relating to the registration of the registered person or to activities carried out under the registration as the director may reasonably require, (h) the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.
Notes to Table 1.3.1.4.:
3.4.3.8. Updating of Qualifications (1) Where an examination in an examination program referred to in Clause 3.4.3.2.(1)(a), (b) or (c) is replaced with a new examination, the director shall give notice of the new examination to every registered person who is registered in a class of registration set out in Column 1 of Table 3.5.2.2. to which the examination relates. (2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the registered person that has been provided to the director.
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, (a) the registered person is not covered by the insurance required under Subsection 3.6.2., or (b) an order under subsection 69 (2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid. (3) If the director refuses to register an applicant, refuses to renew a registration or suspends or revokes a registration under Sentence (1), the director shall serve a notice of the refusal, suspension or revocation, together with the reasons for it, on the registered person. (4) A suspension or revocation of a registration under Sentence (1) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the suspension or revocation of the registration. (5) The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may make the stay subject to conditions. (6) A notice under Sentence (3) shall state that the registered person is entitled to a hearing before the Tribunal if the registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing. (7) If a registered person requests a hearing before the Tribunal in accordance with Sentence (6), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for such purposes the Tribunal may substitute its opinion for that of the director. (8) The director and the registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal. 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 listing every person who has the qualifications required by subsection 15.11 (4) of the Act. (2) The register referred to in Sentence (1) shall contain the following information in respect of every registered person: (a) the name of the registered person, (b) any identifying number assigned by the director to the registered person, (c) the business address of the registered person, (d) the classes of registration of the registered person, and (e) the names of any persons who will exercise powers and perform functions under the Act on behalf of the registered person in each class of registration and any identifying number assigned by the director to that person. 3.4.5. Classes of Registration and Categories of Qualifications
Notes to Table 1.3.1.4.:
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)  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.


House

House

Column 4 of Row 1


Plumbing - House

Column 4 of Row 5


HVAC – House

Column 4 of Row 7


On-Site Sewage Systems

Column 4 of Row 10


Small Buildings

Small Buildings

Column 4 of Row 2


Plumbing - All Buildings

Column 4 of Row 6


Building Services

Column 4 of Row 8


Building Structural

Column 4 of Row 9


On-Site Sewage Systems

Column 4 of Row 10


Large Buildings

Large Buildings

Column 4 of Row 3


Plumbing - All Buildings

Column 4 of Row 6


Building Services

Column 4 of Row 8


Building Structural

Column 4 of Row 9


On-site Sewage Systems

Column 4 of Row 10


Complex Buildings

Complex Buildings

Column 4 of Row 4


Plumbing - All Buildings

Column 4 of Row 6


Building Services

Column 4 of Row 8


Building Structural

Column 4 of Row 9


On-site Sewage Systems

Column 4 of Row 10


On-site Sewage Systems

On-site Sewage Systems

Column 4 of Row 10 Section 3.6. Insurance 3.6.1. Scope
Notes to Table 1.3.1.4.:
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 1.3.1.4.:
3.6.2.1. Definition (1) In this Subsection, registered person means a person who is registered under Article 3.2.4.2. or 3.4.3.2.
Notes to Table 1.3.1.4.:
3.6.2.2. Scope (1) Every person registered under Article 3.2.4.2. or 3.4.3.2. shall have insurance coverage under an insurance policy that satisfies the requirements set out in Article 3.6.2.3.
Notes to Table 1.3.1.4.:
3.7.1.1. Agreements (1) An agreement between a principal authority and a registered code agency under subsection 4.1 (1) of the Act shall be made in writing and shall, (a) specify the functions that the registered code agency is authorized to perform, (b) specify the construction of the building or class of buildings in respect of which the functions will be performed, (c) set out the procedure by which the principal authority will appoint the registered code agency to perform specified functions in respect of the construction of a building or class of buildings, (d) require that the registered code agency carry out its functions under the agreement in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), (e) provide for the provision by the principal authority to the registered code agency of such plans, specifications and other information, including applications for permits, that the registered code agency may require in order to act under the appointment. (2) An agreement under Subsection (1), (a) may contain provisions in addition to the provisions required under Subsection (1) if the additional provisions are not inconsistent with the provisions required under that Subsection, and (b) shall not contain any provision that relates to the construction of buildings for a class of registration for which the registered code agency is not registered under Section 3.4.
Notes to Table 1.3.1.4.:
3.7.1.2. Appointments (1) An appointment under subsection 4.1 (2) of the Act by a principal authority of a registered code agency to perform specified functions in respect of the construction of a building or class of buildings shall be made in writing and shall, (a) specify the construction of the building or class of buildings in respect of which the appointment relates, (b) specify the functions described in section 15.15 of the Act that the registered code agency is appointed to perform, and (c) require that the registered code agency carry out its functions under the appointment in 3.4.3.2.(1)(d). (2) An appointment described in Subsection (1) may contain provisions in addition to the provisions required under Subsection (1) if the additional provisions are not inconsistent with the provisions required under that Subsection. 3.7.2. When a Registered Code Agency may not be Appointed or Continue to Act under an Appointment
Notes to Table 1.3.1.4.:
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 Section 3.4. in respect of the class of registration to which the construction of the building relates, or (b) is in breach of a condition of its registration under Article 3.4.3.7. (2) Where under Section 1.2. the design and general review of construction of a building must be undertaken by an architect or professional engineer or both, a registered code agency may not be appointed to perform functions under section 15.15 of the Act or continue to act under an appointment in respect of the construction of the building unless the registered code agency or an officer, director, partner or employee of the registered code agency is an architect or professional engineer or both, as the case may be. (3) A registered code agency shall not be appointed under the Act or continue to act under an appointment if the registered code agency would be in a conflict of interest. (4) For the purposes of Sentence (3), a registered code agency would be in a conflict of interest if the registered code agency or an officer, director, partner or employee of the registered code agency or any person engaged by the registered code agency to perform functions for it, (a) has participated or participates, in any capacity, in design activities or construction relating to any part of the building to which an appointment relates, (b) is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the building, (c) has a professional or financial interest in, (i) the construction of the building to which the appointment relates, (ii) the building to which the appointment relates, or (iii) the person responsible for the design of the building to which the appointment relates, (d) is an elected official, officer or employee of a principal authority. (5) For the purposes of Clause (4)(c), involvement with a building as a registered code agency and entitlement to any fee paid for acting as a registered code agency in respect of a building shall not be considered to be a professional or financial interest in the construction of the building, the building or the person responsible for the design of the building. 3.7.3. Additional Functions that Registered Code Agencies may be Appointed To Perform
Notes to Table 1.3.1.4.:
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). 3.7.4. Manner in Which Registered Code Agency Shall Perform Functions
Notes to Table 1.3.1.4.:
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 referred to in Clause 3.4.3.2.(1)(d). (2) The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in Supplementary Standard SC-1.
Notes to Table 1.3.1.4.:
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) Not more than 180 days after the day a notice is given under Sentence 3.4.3.8.(1) by the director to the registered code agency, the registered code agency shall, (a) ensure that plans review and inspection activities of the registered code agency in the category of qualification to which the notice relates are carried out by persons who have successfully completed all new examinations referred to in the notice, and (b) provide the following information to the director: (i) the name and residence address of the person, and (ii) information required by the director about the examinations that the person or persons have successfully completed. (3) A registered code agency shall prepare written records of every inspection of the construction of a building that is undertaken by the registered code agency in the course of performing functions under an appointment. (4) The record required under Sentence (3) shall include, (a) the date of receipt of the notice of readiness for inspection, if any, (b) the date of the inspection, (c) the reason for the inspection, (d) whether non-compliance with this Code was observed in the course of the inspection and the details of the non-compliance. (5) If a registered code agency has issued an order under subsection 12 (2), 13 (1) or 13 (6) of the Act, the registered code agency shall prepare a written record consisting of, (a) a copy of the order, (b) the persons on whom the order was served and the date and manner of service, (c) when and how the order was complied with, and (d) if the order has not been complied with, the efforts made by the registered code agency to achieve compliance by the persons responsible for compliance.
Notes to Table 1.3.1.4.:
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 described in Clause 3.4.3.2.(1)(a). (2) Orders under subsections 12 (2) and 13 (1) and clause 18 (1) (f) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or by a person described in Clause 3.4.3.2.(1)(b) or (c).
Notes to Table 1.3.1.4.:
3.7.4.5. Authorized Persons (1) Persons who possess the qualifications described in Clauses 3.4.3.2.(1)(a), (b) and (c) are prescribed for the purposes of subsection 15.17 (1) of the Act. (2) The certificate of authorization referred to in subsection 15.17 (2) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by a representative of the registered code agency who is described in Clause 3.4.3.2.(1)(a) and shall contain the following information: (a) the name of the registered code agency and any identifying number issued by the director to the registered code agency, (b) the title, business address and business telephone number of a representative of the registered code agency who may be contacted to answer questions about the certificate and the authorization to which it relates, (c) the name of the authorized person and any identifying number issued by the director to the authorized person in respect of that person’s qualifications, (d) the scope of the powers that may be exercised and the functions that may be performed by the authorized person, (e) the date of issuance of the certificate. (3) Every person described in Sentence (1) shall carry his or her certificate of authorization when performing duties and shall produce the certificate for inspection upon request.
Notes to Table 1.3.1.4.:
3.7.4.6. Prohibition (1) A registered code agency shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that, (a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the director that the registered code agency or any other person has contravened or intends to contravene a provision of the Act or this Code, (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of the Act or this Code, (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of the Act or this Code not be contravened, or (d) the registered code agency believes that the employee will do anything referred to in Clause (a), (b) or (c). (2) Nothing in this Section impairs any right of an employee either at law or under an employment contract or collective agreement. (3) In this Article, “employee” includes an independent contractor and “employer” includes the person who retains an employee who is an independent contractor.
Notes to Table 1.3.1.4.:
3.7.4.7. Information and Records (1) The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d). (2) Any information collected by a registered code agency in the course of the exercise of powers and the performance of duties under this Act may be used only for the purpose of performing functions under an appointment under subsection 4.1 (2) of the Act and may be disclosed only, (a) to a principal authority pursuant to an agreement under subsection 4.1 (1) of the Act, (b) to a principal authority to aid the enforcement in any manner of the Act, (c) where required or permitted under this Act, this Code, other applicable legislation or an order of a court. (3) A registered code agency shall ensure that any agreement under which the registered code agency engages a person to assist the registered code agency to perform functions under an appointment includes a provision that requires the person to comply with Sentences (1) and (2). 3.7.5. Termination of Appointment of a Registered Code Agency
Notes to Table 1.3.1.4.:
3.7.5.1. Termination of an Appointment Made under Subsection 4.1 (2) of the Act (1)  A principal authority may, in accordance with the terms of an agreement under subsection 4.1 (1) of the Act, terminate the appointment of a registered code agency before the appointment expires under section 15.19 of the Act. 3.7.6. Information to be Provided
Notes to Table 1.3.1.4.:
3.7.6.1. Information to be Provided by a Principal Authority to the Director (1) If a principal authority that has appointed a registered code agency terminates the appointment before the appointment expires under section 15.19 of the Act, the principal authority shall, as soon as possible after the termination, give the director notice of the termination and such other information concerning the circumstances of the termination and as may be required by the director. (2) If a principal authority has issued an order under subsection 15.21 (1) of the Act, the principal authority shall as soon as possible after the order is issued give the director a copy of the order and such other information concerning the circumstances of the order and as may be required by the director.
Notes to Table 1.3.1.4.:
3.7.6.2. Information to be Provided by a Registered Code Agency to the Director (1) A registered code agency that becomes or expects to become unable to carry out the functions for which the registered code agency was appointed shall as soon as possible give notice to the director of this situation.
Notes to Table 1.3.1.4.:
3.7.7.1. Referral (1) A registered code agency shall refer a matter under subsection 14 (5) of the Act to the chief building official by giving the chief building official, as soon as possible, (a) a report that contains the following information: (i) a copy of the order made under section 12 or 13 of the Act that was not complied with and of the order under section 14 of the Act, (ii) the persons on whom the orders were served and the date and manner of service, and (iii) a statement that the orders have not been complied with, and (b) such other information as the chief building official may require in respect of the matter that has been referred. (2) The report under Clause (1)(a) shall be signed, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), by the registered code agency or, if the registered code agency is a corporation or partnership, by a person described in Clause 3.4.3.2.(1)(a). O. Reg. 350/06, Division C, Part 3; O. Reg. 137/07, ss. 77, 78; O. Reg. 503/09, ss. 231-237; O. Reg. 315/10, ss. 4-6. PART 4   TRANSITION, REVOCATION AND COMMENCEMENT  Section

4.1.

Transition Rule


 

4.1.1.

Transition, December 2006


 

4.1.2.

Transition, July 2007


 

4.1.3.

Transition, April 2010


 

4.1.4.

Transition, January 2012


 

4.1.5

Transition, July 2012 Section 4.1. Transition Rule 4.1.1. Transition, December 2006
Notes to Table 1.3.1.4.:
4.1.1.1. Transition Rule (1) Subject to Sentences (2) and (3), Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006, is deemed to continue in force with respect to construction, (a) for which a permit has been issued before December 31, 2006, or (b) for which the working drawings, plans and specifications are substantially completed before December 31, 2006, and for which an application for a permit is made before March 31, 2007 under that regulation, as it read on December 30, 2006. (2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued. (3) Division C, except for Section 2.1 of that Division, applies to construction described in Sentence (1) and prevails over all provisions of Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006. (4) Despite the repeal of section 9 of the Act, the chief building official or a registered code agency continues to have the powers set out in that section, as it read immediately before subsection 2 (4) of Schedule 21 to the Good Government Act, 2009 comes into force, with respect to construction to which Sentence (1) applies, and they may exercise those powers subject to the conditions referred to in subsection 9 (3) of the Act. 4.1.2. Transition, July 2007
Notes to Table 1.3.1.4.:
4.1.2.1. Transition Rule (1) Subject to Sentence (2), this Regulation as it read on June 30, 2007 is deemed to continue in force with respect to construction, (a) for which a permit has been issued before July 1, 2007, or (b) for which the working drawings, plans and specifications are substantially completed before July 1, 2007 and for which an application for a permit is made before October 1, 2007 under this Code as it read on June 30, 2007. (2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued. 4.1.3. Transition, April 2010
Notes to Table 1.3.1.4.:
4.1.3.1. Transition Rule (1) Subject to Sentence (2), this Regulation as it read on March 31, 2010 is deemed to continue in force with respect to construction for which a permit has been applied for or issued before April 1, 2010. (2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued. 4.1.4. Transition, January 2012
Notes to Table 1.3.1.4.:
4.1.4.1. Transition Rule (1) Sentence 9.7.1.7.(1) and Subsection 9.25.3. of Division B and Sentence 1.3.5.1.(2) of Division C as they read on December 31, 2011 continue to apply with respect to construction for which a permit has been applied for before January 1, 2012. 4.1.5. Transition, July 2012
Notes to Table 1.3.1.4.:
4.1.5.1. Transition Rule (1) Subject to Sentence (2), the amendments to Section 3.1. and Article 3.3.4.7. of Division B, made by Ontario Regulation 159/12, do not apply with respect to construction for which a permit has been issued before July 1, 2012. (2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued. (3) Despite Subsections 4.1.1. to 4.1.4., the requirements with respect to glass in guards set out in Articles 3.1.20.1. and 3.3.4.7. of Division B, as they read after June 30, 2012, apply with respect to construction for which a permit is issued after that date. Section 4.2. Omitted (revokes other Regulations). Section 4.3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 350/06, Division C, Part 4; O. Reg. 137/07, s. 79; O. Reg. 205/08, s. 14; O. Reg. 503/09, ss. 238, 239; O. Reg. 159/12, s. 4.