jswizzle3737/ontario_laws_and_regs huggingface dataset:
2.16.2.1. Qualifications (1) The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as a chief building official or as an inspector who has the same powers and duties as a chief building official in relation to sewage systems or plumbing: (a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code and the powers and duties of chief building officials, (b) if, under Subsection 22 (2) of the Act, the person will also exercise any of the powers or perform any of the duties of an inspector, the person shall also have the qualifications contained in Sentence 2.16.4.1(1), and (c) the person shall file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director. (2) An inspector who has the same powers and duties as a chief building official in relation to sewage systems and who had, on the day before the day this Article came into force, the qualification described in Article 2.11.3.1. as it read on that day: (a) shall be deemed to have successfully completed the examination programme described in Clause (1)(a), (b) shall be deemed to have successfully completed the examination program described in Clause 2.16.4.1.(1)(a) in the category of qualification described in Column 3 of Row 10 of Table 2.20.2.1., and (c) shall be deemed to have filed with the director the information required in Clause (1)(c) if the person filed with the director, before the day this Article came into force, the information required under Article 2.11.3.1. as that Article read on the day before the day this Article came into force. (3) A person is required to have the qualifications set out in Sentence (1) in accordance with the following rules: 1. A person appointed as a chief building official shall have the qualifications set out in Sentence (1) on and after the later of i. January 1, 2006, and ii. the day he or she is appointed as a chief building official. 2. A person appointed as an inspector who has the same powers and duties as a chief building official in relation to plumbing shall have the qualifications set out in Sentence (1) on and after the later of i. January 1, 2006, and ii. the day he or she is appointed as an inspector who has the same powers and duties as a chief building official in relation to plumbing. 3. A person appointed as an inspector who has the same powers and duties as a chief building official in relation to sewage systems shall have the qualifications set out in Sentence (1) on and after the later of i. the day this Article comes into force, and ii. the day he or she is appointed as an inspector who has the same powers and duties as a chief building official in relation to sewage systems. 2.16.3.Supervisors and Managers
2.16.3.1. Qualifications (1) The following are prescribed as the qualifications for a person to be appointed after December 31, 2005 and to remain appointed under the Act after that day as an inspector whose duties are solely the supervision or management of inspectors: (a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code and the powers and duties of chief building officials, (b) the person shall successfully complete the examination program administered by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code related to any one category of qualification set out in Column 3 of Table 2.20.2.1., and (c) the person shall file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director. 2.16.4.Inspectors
2.16.4.1. Qualifications (1) Except as provided in Article 2.16.4.2., the following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties include plans review or inspection under the Act: (a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category or categories of qualifications in Column 3 of Table 2.20.2.1. that correspond to the types of buildings set out in Column 4 of Table 2.20.2.1. in respect of which the person will exercise the powers or perform the duties of an inspector under the Act, and (b) the person shall file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director. (2) An inspector who had, on the day before the day this Section came into force, the qualification described in Article 2.11.3.1., as it read on that day (a) shall be deemed to have successfully completed the examination program described in Clause (1)(a) in the category of qualification described in Column 3 of Row 10 of Table 2.20.2.1., and (b) shall be deemed to have filed with the director the information required in Clause (1)(c) if the person filed with the director, before the day this Section came into force, the information required under Article 2.11.3.1. as it read on that day. (3) A person is required to have the qualifications set out in Sentence (1) in accordance with the following rules: 1. A person appointed as an inspector whose duties include plans review and inspection of sewage systems under the Act shall have the qualifications set out in Sentence (1) on and after the later of i. September 1, 2003, and ii. the day on which he or she is appointed as an inspector whose duties include plans review and inspection of sewage systems. 2. A person appointed as an inspector, other than an inspector described in paragraph 1, shall have the qualifications set out in Sentence (1) on and after the later of i. January 1, 2006, and ii. the day on which he or she is appointed as an inspector.
2.16.4.2. Qualifications for Intern Inspectors (1) A person appointed under the Act as an intern inspector whose duties include supervised plans review or inspection under the Act is exempt from the requirements in Article 2.16.4.1. if (a) the person is enrolled in an internship program approved by the Minister, and (b) the person is supervised by an inspector or chief building official who meets the category of qualification in respect of which the person will exercise the powers or perform the duties. (2) An intern inspector described in Clause (1)(a) shall not issue orders under the Act except orders under Subsections 12 (2) or 13 (1) of the Act. (3) An intern inspector described in Clause (1)(a) shall not undertake a site inspection of a building related to a notice in respect of (a) substantial completion of footings and foundations prior to commencement of backfilling, or (b) completion of construction and installation of components required to permit the issuance of an occupancy permit under Sentence 2.4.3.1.(2) or to permit occupancy under Sentence 2.4.3.2.(1), if the building or part of the building to be occupied is not fully completed. 2.16.5.Updating of Qualifications
2.16.5.1. Updating of Qualifications (1) When an examination that is part of an examination program referred to in Clause 2.16.2.1.(1)(a), 2.16.3.1.(1)(a) or (b) or 2.16.4.1.(1)(a) or (b) is replaced with a new examination, the director shall give notice of the new examination to every person who has, pursuant to Clause 2.16.2.1.(1)(c), 2.16.3.1(1)(c) or 2.16.4.1.(1)(c), informed the director that the person completed the examination before it was replaced or who is deemed to have successfully completed the examination program. (2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the person filed with the director. (3) It is a prescribed qualification for the purposes of Subsections 15.11 (1), (2) and (3) of the Act that, not later than 180 days after the day on which a notice referred to in Sentence (1) is sent, the person to whom the notice is given shall: (a) successfully complete all new examinations referred to in the notice, and (b) file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director. 2.16.6.Information
2.16.6.1. Qualifications (1) The information referred to in Clauses 2.16.2.1.(1)(c), 2.16.3.1.(1)(c), 2.16.4.1.(1)(c) and 2.16.5.1.(3)(b) is the following: (a) the person’s name, residence address and residential mailing address, if different from the residence address, (b) the name and address of every principal authority that has appointed the person as a chief building official or inspector under the Act, and (c) information about the examinations that the person has successfully completed, in such form and in such detail as may be required by the director. (2) A person who files information under Sentence (1) with the director shall advise the director of any change of the information not later than 15 days after the change. 2.16.7.Fees
2.16.7.1. Fees (1) The fee payable upon the filing of information under Clause 2.16.2.1.(1)(c), 2.16.3.1.(1)(c), 2.16.4.1.(1)(c) or 2.16.5.1.(3)(b) is $80. (2) The amount of a fee referred to in Sentence (1) is reduced by $10 if the information is filed and the fee is paid in accordance with a means of electronic filing and payment specified by the director. (3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section. 2.16.8.Public Register
2.16.8.1. Public Register (1) The director shall establish and maintain a register available to the public listing every person who has the qualifications required by Subsections 15.11 (1), (2) and (3) of the Act and has been appointed as a chief building official or inspector by a principal authority. (2) The register referred to in Sentence (1) shall contain the following information with respect to each person listed in it: (a) the name of the person, (b) any identifying number assigned by the director to that person, (c) the name of each principal authority that has appointed the person as a chief building official or inspector, and (d) the qualifications of the person. 2.16.9.Categories of Qualifications
2.16.9.1. Categories (1) Table 2.20.2.1. contains the categories of qualifications for the purposes of this Section. Section 2.17. Qualifications for Designers 2.17.1.Scope
2.17.1.1. Scope (1) This Section prescribes, for the purposes of Clause 8 (2) (c) and Subsection 15.11 (5) of the Act, the qualifications for a person who carries out design activities after December 31, 2005. 2.17.2.General
2.17.2.1. Persons Engaged in the Business of Providing Design Activities to the Public (1) Every person engaged in the business of providing design activities to the public after December 31, 2005, other than a person who is the holder of a Certificate of Practice or a Temporary Licence issued under the Architects Act, must have the qualification set out in Sentence 2.17.4.1.(1).
2.17.2.2. Other Designers (1) Every person who carries out design activities after December 31, 2005, other than an architect, must have the qualifications set out in Sentence 2.17.5.1.(1) if the person is not required to have the qualification set out in Sentence 2.17.4.1.(1). 2.17.3.Definition
2.17.3.1. Definition (1) In this Section, registered means registered under Article 2.17.4.2. 2.17.4.Qualifications — Persons Engaged in the Business of Providing Design Activities to the Public
2.17.4.1. General (1) Except as provided in Sentences (3) and (4), every person engaged in the business of providing design activities to the public after December 31, 2005 must have the following qualification: (a) The person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person is exempt from the requirement to comply with the qualification in Sentence (1) if the person’s design activities relate only to (a) construction of a home as defined under the Ontario New Home Warranties Plan Act that will be constructed or sold by that person, if the person is a builder or vendor as defined in that Act and is registered under that Act, (b) construction of a building that is owned by that person, (c) construction of a farm building that is (i) of low human occupancy, (ii) of 2 storeys or less in building height, and (iii) has a building area of less than 600 m², (d) the extension, material alteration or repair of: (i) a detached house, semi-detached house, townhouse or row house containing not more than two dwelling units in each house, or (ii) a detached structure that serves a building described in Subclause (3)(d)(i) and does not exceed 50 m2 in building area, (e) a sewage system to be constructed by that person if the person is registered under Article 2.18.3.2., (f) construction of tents described in Sentence 3.13.1.2.(2), (g) construction of signs, (h) construction of site services, including (i) surface drainage, and (ii) plumbing located underground, either outside a building or under a building, (i) construction of a factory-built house certified to CAN/CSA-A277 “Procedure for Certification of Factory-Built Houses”, (j) construction of a mobile home conforming to CAN/CSA-Z240 Series “Mobile Homes”, (k) construction of a park model trailer conforming to CAN/CSA-Z241 Series “Park Model Trailers”, (l) construction of pre-engineered elements of a building if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances, (m) construction of appliances, equipment and similar incidental components of a building, or (n) construction of a building for which a permit under Section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued. (4) A person is exempt from the requirements to comply with the qualification in Sentence (1) if the person’s design activities are with respect to a detached house, semi-detached house, townhouse or row house containing not more than two dwelling units in each house and the design activities relate only to (a) a plumbing system, (b) a heating, ventilation and air conditioning system, or (c) ancillary buildings such as garages.
2.17.4.2. Registration and Renewal of a Registration (1) Subject to Article 2.17.4.9., 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 2.20.2.1. that corresponds to each class of registration set out in Column 2 of Table 2.20.2.1. 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 2.17.4.7.(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 2.20.2.1. that correspond to each class of registration set out in Column 2 of Table 2.20.2.1. for which application is made, (c) the applicant or registered person is covered by the insurance required under Subsection 2.21.2. during the term of the registration applied for, (d) the application is complete, and (e) all fees required under Article 2.17.4.5. are paid.
2.17.4.3. 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 2.17.4.7. (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 2.17.4.2.(1)(a) in the class or classes of registration for which the application is made, and (b) have the qualifications set out in Clause 2.17.4.2.(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 2.17.4.2.(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 2.21.2. during the term of the registration applied for.
2.17.4.4. Term (1) A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.
2.17.4.5. 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.
2.17.4.6. Not Transferable (1) A registration is not transferable.
2.17.4.8. Updating of Qualifications (1) Where an examination referred to in Clause 2.17.4.2.(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.
2.17.4.10. 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 2.21.2., 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. 2.17.5.Qualifications — Other Designers
2.17.5.2. Updating of Qualifications (1) When an examination that is part of an examination program referred to in Clause 2.17.5.1.(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 2.17.5.1.(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 2.17.5.3.(1) with the director in a form established by the director.
2.17.5.3. Information (1) The information referred to in Clauses 2.17.5.1.(1)(b) and 2.17.5.2.(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.
2.17.5.4. Fees (1) The fee payable upon the filing of information referred to in Clause 2.17.5.1.(1)(b) or 2.17.5.2.(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. 2.17.6.Public Register
2.17.6.1. 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 2.17.5.1.(1): (a) the name of the person, (b) any identifying number assigned by the director to the person, (c) the qualifications of that person. 2.17.7.Classes of Registration and Categories of Qualifications
2.17.7.1. Classes and Categories (1) Table 2.20.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section. Section 2.18.Qualifications for Persons Engaged in the Business of Constructing On Site, Installing, Repairing, Servicing, Cleaning or Emptying Sewage Systems 2.18.1.Scope
2.18.1.1. 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 after this Section comes into force. 2.18.2.Definition
2.18.2.1. Definition (1) In this Section, registered means registered under Article 2.18.3.2. 2.18.3.Qualifications
2.18.3.1. 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 license issued under Sentence 2.12.3.1. of this Code, as that Sentence read immediately before the day this Section came into force, shall be deemed to be a registration for the purposes of Clause (1)(a). (4) 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.
2.18.3.2. Registration and Renewal of a Registration (1) Subject to Article 2.18.3.9., 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 2.18.3.5. are paid. (2) A person who had, on the day before the day this Subsection came into force, the qualification described in Subclause 2.12.4.6.(1)(a), as it read on that day, shall be deemed to have successfully completed the examination program described in Clause (1)(a).
2.18.3.3. 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 2.18.3.7. (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 2.18.3.2.(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 2.18.3.2.(1)(a).
2.18.3.4. Term (1) A registration expires 3 years after the date of its issuance.
2.18.3.5. 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.
2.18.3.6. Not Transferable (1) A registration is not transferable.
2.18.3.7. 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 2.18.3.2.(1)(a), (b) not more than 180 days after the day a notice is given under Sentence 2.18.3.8.(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 2.18.3.3.(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.
2.18.3.8. Updating of Qualifications (1) When an examination that is part of an examination program referred to in Clause 2.18.3.2.(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.
2.18.4.1. 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 2.19.Qualifications for Registered Code Agencies 2.19.1.Scope
2.19.1.1. 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. 2.19.2.Definition
2.19.2.1. Definition (1) In this Section, registered means registered under Article 2.19.3.2. 2.19.3.Qualifications
2.19.3.1. General (1) The following are prescribed as qualifications for persons to be appointed after June 30, 2005 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.
2.19.3.2. Registration and Renewal of a Registration (1) Subject to Article 2.19.3.9., 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 2.20.2.2. that corresponds to each class of registration set out in Column 1 of Table 2.20.2.2. 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 2.19.3.3.(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 2.21.2. during the term of the registration applied for, (f) the application is complete, and (g) all fees required under Article 2.19.3.5. are paid.
2.19.3.4. Term (1) A registration expires one year after the date of its issuance.
2.19.3.5. 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.
2.19.3.6. Not Transferable (1) A registration is not transferable.
2.19.3.7. 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 2.19.3.2.(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 2.19.3.2.(1)(a), and (ii) one or more officers, directors, partners or employees of the registered person who have the qualifications set out in Clause 2.19.3.2.(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 2.19.3.8.(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 2.21.2., (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 2.19.3.3.(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.
2.19.3.8. Updating of Qualifications (1) Where an examination in an examination program referred to in Clause 2.19.3.2.(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 2.20.2.2. 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.
2.19.3.10. 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 2.21.2., 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. 2.19.4.Public Register
2.19.4.1. 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. 2.19.5.Classes of Registration and Categories of Qualifications
2.19.5.1. Classes and Categories (1) Table 2.20.2.2. contains the classes of registration and categories of qualifications for the purposes of this Section. Section 2.20.Classes of Registration and Categories of Qualifications 2.20.1.Scope
2.20.1.1. Scope (1) This Section sets out classes of registration and categories of qualifications for the purposes of Sections 2.16., 2.17., 2.19. and 2.22. 2.20.2.Classes of Registration and Categories of Qualifications
2.20.2.2. Registered Code Agencies (1) Table 2.20.2.2. sets out the classes of registration for registered code agencies and the categories of qualifications for persons described in Clauses 2.19.3.2.(1)(a) to (c). TABLE 2.20.2.2. Classes of Registration and Categories of Qualifications Registered Code Agencies Forming Part of Sentence 2.20.2.2.(1)  Classes of Registration for Registered Code Agencies

Category of Qualification for Persons described in Clauses 2.19.3.2.(1)(a) to (c)

Type of Building
Reference to Table 2.20.2.1.


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


Column 1

Column 2

Column 3 Section 2.21.Insurance 2.21.1.Scope
2.21.1.1. 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. 2.21.2.Insurance for Registered Code Agencies and Persons Referred to in Subsection 15.11 (5) of the Act
2.21.2.1. Definition (1) In this Subsection, registered person means a person who is registered under Article 2.17.4.2. or 2.19.3.2.
2.21.2.2. Scope (1) Every person registered under Article 2.17.4.2. or 2.19.3.2. shall have insurance coverage under an insurance policy that satisfies the requirements set out in Article 2.21.2.3.
2.22.1.1. 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 2.19.3.2.(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 2.19.
2.22.1.2. 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 accordance with the Act and this Code and the quality management plan described in Clause 2.19.3.2.(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. 2.22.2. Revoked: O. Reg. 245/04, s. 3. 2.22.3.When a Registered Code Agency may not be Appointed or Continue to Act under an Appointment