Designer qualifications, registration and insurance (Division C Part 3) (Designer Legal/Process)

Last updated October 22, 2026

Values this chapter turns on

insurance per claim for firms billing $100,000 or more: $1,000,000; insurance per claim for firms billing $100,000 or more
window before expiry to apply for renewal: 60 days; window before expiry to apply for renewal
to notify the director of a change of address: 15 days; to notify the director of a change of address
firm registration fee, with $152 to renew: $202; firm registration fee, with $152 to renew

This chapter is the BCIN system itself. Division C Part 3 sets out who must register as a designer, the two kinds of registration (firm and individual), the exemptions, fees, terms, conditions, the public register, the classes of registration, and the insurance a registered firm must carry. It also covers sewage system installers and a few registered code agency rules.

Excluded: 3.2.6.1.(1), 3.3.4.1.(1) and 3.5.2.2. From Section 3.1 only 3.1.1.1. (scope) is listed; from 3.4 only 3.4.4.1. (RCA public register); from 3.7 only 3.7.2.1., 3.7.4.4. and 3.7.4.5.

Two kinds of designer registration

Division C 3.2. applies to anyone who carries out "design activities", meaning the activities in s. 15.11(5) of the Act (OBC Div. C 3.2.1.1.). Architects and engineers are outside it under s. 15.11(8) of the Act.

	Firm registration (3.2.4.)	Individual registration (3.2.5.)
Who	Every person engaged in the business of providing design activities to the public	Every other person who carries out design activities
Exam	Passed by the applicant or a director, officer, partner or employee, and by everyone who will take responsibility for designs	Passed by the applicant
Insurance	Required (3.6.2.)	Not required
Registration fee	$202; adding a class $44; renewal $152	$128 (registration or renewal)
Exam application fee	$150	$150

Sources: OBC Div. C 3.2.4.1., 3.2.4.2., 3.2.4.5., 3.2.5.1., 3.2.5.2., 3.2.5.5.. "Other designers" must hold the individual qualification if they do not need the firm one (OBC Div. C 3.2.2.1.).

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Exemptions

From firm registration (3.2.4.1.(3) and (4)). Design activities that relate only to, among others:

a home the person builds or sells as a builder or vendor registered under the Ontario New Home Warranties Plan Act;
a building the person owns;
a farm building of low human occupancy (not G-4), 2 storeys or less, under 600 m² building area;
the extension, material alteration or repair of a house;
a sewage system the person will build, if registered as an installer;
tents, signs, site services, factory-built houses (CSA A277), mobile homes (CSA Z240 MH), park model trailers (CAN/CSA-Z241), pre-engineered elements designed by a competent person, appliances and equipment;
for a house: only the plumbing, only the HVAC system, or only ancillary buildings such as garages.

From individual registration (3.2.5.1.(3)). Design activities that relate only to, among others:

work that a qualified person (a firm's responsible designer or an individual registrant) will review and take responsibility for;
a house the person owns, or an ancillary building serving it;
a low human occupancy farm building, 2 storeys or less, under 600 m²;
a sewage system the person will build (if a registered installer) or owns;
tents, signs, site services, pre-engineered elements, appliances;
an ancillary building serving a house, not more than 55 m² building area.

The exemption lists are not the same. Two exam favourites:

Owner of a non-house building. Exempt from firm registration (building they own), but not from individual registration (that owner exemption covers only a house). So they need an individual registration.
House HVAC designer. Exempt from firm registration under 3.2.4.1.(4), but there is no matching individual exemption, so they need individual registration in the HVAC - House class.

"Low human occupancy" for a farm building means not more than one person per 40 m² of floor area in normal use (OBC Div. A 1.4.1.2.).

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Applications, term and conditions

Apply to the director on the director's form; renew within 60 days before expiry (OBC Div. C 3.2.4.3.).
A registration lasts one year; a first term may be 90 days to 18 months to stagger renewals (OBC Div. C 3.2.4.4.).
A registration is not transferable (OBC Div. C 3.2.4.6.).

Firm conditions (OBC Div. C 3.2.4.7.):

Condition	Detail
Scope	Design only the building types in the classes held (Table 3.5.2.1., Column 3)
Qualified person	A qualified officer, director, partner or employee for each class; a qualified person reviews and takes responsibility for each design
Documents	Show the firm's name and registration number, a statement that the person reviewed and took responsibility, the person's name and BCIN, and signature
Insurance	Keep the 3.6.2. coverage throughout
Notices	Address and listed changes to the director within 15 days; other material changes promptly
Records	Give the director requested information; allow access to books and records

Individual registrants have a shorter list: scope, 15-day notice of changes, and the same document information (OBC Div. C 3.2.5.6.).

Refusal, suspension and revocation. The director may refuse, suspend or revoke for contraventions, breach of conditions, false information, past conduct, incomplete applications or unpaid fees, after a notice of proposal; the person has 15 days after service to ask the Tribunal for a hearing (OBC Div. C 3.2.4.8.). The director must refuse, suspend or revoke a firm that has no required insurance or is under a court order for an unpaid fine; that takes effect immediately and a Tribunal proceeding does not stay it, though the Tribunal may grant a stay (OBC Div. C 3.2.4.9.).

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Public register and classes

The director keeps a public register (OBC Div. C 3.2.6.1.):

Firm (3.2.4.2.)	Individual (3.2.5.2.)
Name, number, business address, classes, and the names and numbers of the persons who take responsibility for designs	Name, number and classes only

Classes and categories are in Table 3.5.2.1.: House, Small Buildings, Large Buildings, Complex Buildings, Plumbing - House, Plumbing - All Buildings, HVAC - House, Building Services, Building Structural, On-site Sewage Systems, Detection, Lighting and Power, and Fire Protection (OBC Div. C Table 3.5.2.1.). The House class covers detached, semi-detached and row houses with not more than two dwelling units. A person registered in one class may do design work in another class if it is not a substantial part of the design on any project (OBC Div. C 3.5.2.1.).

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Insurance (3.6.)

Only "registered persons" under 3.2.4.2.(1) (firms) and 3.4.3.2.(1) (RCAs) need the policy (OBC Div. C 3.6.2.1.). Key terms (OBC Div. C 3.6.2.3.):

Fees billed in prior 12 months	Minimum per claim	Minimum aggregate
$100,000 or more	$1,000,000	$2,000,000
More than $50,000 and less than $100,000	$500,000	$1,000,000
$50,000 or less	$250,000	$500,000

Registered less than a year: use estimated billings for the next 12 months.
Deductible cap: the lesser of $70,000 and 5% of fees billed.
Insurer cancellation only for non-payment, with written notice to the director at least 30 days ahead. Insured cancellation only with an immediate replacement policy and 30 days' notice to the director.

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Sewage installers and RCA items

Businesses that construct, install, repair, service, clean or empty sewage systems must register with the director; everyone who supervises the work must pass the exam (OBC Div. C 3.3.3.1. and 3.3.3.2.). Holders of an environmental compliance approval (or older certificate of approval) for cleaning and emptying are exempt for those activities. The term is one year.
Chief building official and inspector qualifications do not apply to plans review and inspection of site services, CSA A277 factory-built houses, mobile homes, park model trailers or signs (OBC Div. C 3.1.1.1.).
An RCA has a conflict of interest if it, or its people, took part in the design or construction, worked for the designer or builder in the previous 180 days, has a professional or financial interest, or is an elected official, officer or employee of a principal authority (OBC Div. C 3.7.2.1.).
RCA orders are signed per its quality management plan (OBC Div. C 3.7.4.4.); authorized persons carry and produce their certificate of authorization (OBC Div. C 3.7.4.5.).

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Chapter review

Chapter at a glance

One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.

Chapter at a glance: the key idea in each section
Section	Key idea
Two kinds of designer registration	Division C 3.2. applies to anyone who carries out "design activities", meaning the activities in s. 15.11(5) of the Act.
Exemptions	From firm registration (3.2.4.1.(3) and (4)).
Applications, term and conditions	Individual registrants have a shorter list: scope, 15-day notice of changes, and the same document information.
Public register and classes	Classes and categories are in Table 3.5.2.1.: House, Small Buildings, Large Buildings, Complex Buildings, Plumbing - House, Plumbing - All Buildings, HVAC - House, Building…
Insurance (3.6.)	Only "registered persons" under 3.2.4.2.(1) (firms) and 3.4.3.2.(1) (RCAs) need the policy.

Two kinds of designer registration
Division C 3.2. applies to anyone who carries out "design activities", meaning the activities in s. 15.11(5) of the Act.
Exemptions
From firm registration (3.2.4.1.(3) and (4)).
Applications, term and conditions
Individual registrants have a shorter list: scope, 15-day notice of changes, and the same document information.
Public register and classes
Classes and categories are in Table 3.5.2.1.: House, Small Buildings, Large Buildings, Complex Buildings, Plumbing - House, Plumbing - All Buildings, HVAC - House, Building…
Insurance (3.6.)
Only "registered persons" under 3.2.4.2.(1) (firms) and 3.4.3.2.(1) (RCAs) need the policy.

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Questions on Designer qualifications, registration and insurance (Division C Part 3), in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.

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Code cited in this chapter

Based on the official 2024 Building Code Compendium on ontario.ca.

OBC Div. C 3.2.1.1. Scope
(1)This Section prescribes, for the purposes of clause 8(2)(c) and subsection 15.11(5) of the Act, the qualifications for a person who carries out design activities.
Open OBC Div. C 3.2.1.1. in the code viewer
OBC Div. C 3.2.4.1. General
(1)Except as provided in Sentences (3) and (4), every person engaged in the business of providing design activities to the public must have the following qualification:
(a)the person must be registered with the director.
(2)A registration shall be in a form established by the director.
(3)A person is exempt from the requirement to comply with the qualification in Sentence (1), if the person's design activities relate only to,
(a)construction of a home as defined under the Ontario New Home Warranties Plan Act that will be constructed or sold by that person, if the person is a builder or vendor as defined in that Act and is registered under that Act,
(b)construction of a building that is owned by that person,
(c)construction of a farm building that,
(i)is of low human occupancy, other than Group G, Division 4, agricultural occupancies with no human occupants,
(ii)is 2 storeys or less in building height, and
(iii)has a building area of less than 600 m²,
(d)the extension, material alteration or repair of a house,
(e)a sewage system to be constructed by that person if the person is registered under Article 3.3.3.2.,
(f)construction of tents described in Sentence 3.14.1.2.(2) of Division B,
(g)construction of signs,
(h)construction of site services, including,
(i)surface drainage, and
(ii) plumbing located underground, either outside a building or under a building,
(i)construction of a factory-built house certified to CSA A277, "Procedure for Certification of Prefabricated Buildings, Modules, and Panels",
(j)construction of a mobile home conforming to CSA Z240 MH Series, "Manufactured Homes",
(k)construction of a park model trailer conforming to CAN/CSA-Z241 Series, "Park Model Trailers",
(l)construction of pre-engineered elements of a building, if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances,
(m)construction of appliances, equipment and similar incidental components of a building, or
(n)construction of a building for which a permit under section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued.
(4)A person is exempt from the requirements to comply with the qualification in Sentence (1), if the person's design activities are with respect to a house and the design activities relate only to,
(a)a plumbing system,
(b)a heating, ventilation and air-conditioning system, or
(c)ancillary buildings such as garages.
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OBC Div. C 3.2.4.2. Registration and Renewal of a Registration
(1)Subject to Articles 3.2.4.8. and 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 in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made,
(b)all other persons engaged by the applicant or registered person who will review and take responsibility for design activities provided to the public by the applicant or registered person for the purposes of Clause 3.2.4.7.(1)(d) have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs 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 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made,
(c)the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for,
(d)the application is complete, and
(e)all fees required under Article 3.2.4.5. are paid.
(2)Subject to Articles 3.2.4.8. and 3.2.4.9., a person who, on December 31, 2024, is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.4.7. of Division C of that regulation is deemed to be registered under Sentence 3.2.4.2.(1) of this Code, and for these purposes, the person's registration is deemed to continue until its term expires.
(3)For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, is registered under Clause 3.2.4.2.(1)(a) or (b), as applicable, of Division C of Ontario Regulation 332/12 (Building Code) made under the Act in a class of registration is deemed to have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b), as applicable, of this Code, in the class of registration.
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OBC Div. C 3.2.4.5. Fees
(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.4.2.(1)(a) or (b) is $150.
(2)The fee for a registration is $202, for 2025 and subsequent calendar years.
(3)The fee for the addition of a new class of registration is $44, for 2024 and subsequent calendar years.
(4)The fee for renewal of a registration is $152, for 2025 and subsequent calendar years.
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OBC Div. C 3.2.5.1. General
(1)Except as provided in Sentence (3), a person who carries out design activities but is not required under Sentence 3.2.4.1.(1) to be registered with the director under Sentence 3.2.4.2.(1) must have the following qualification:
(a)the person must be registered with the director under Sentence 3.2.5.2.(1).
(2)A registration shall be in a form established by the director.
(3)A person is exempt from the requirement to comply with the qualification in Sentence (1), if his or her design activities relate only to,
(a)design activities in respect of which a person described in Clause 3.2.4.7.(1)(c) or who has the qualification required under Sentence (1) will review and take responsibility,
(b)construction of,
(i)a house owned by the person, or
(ii)an ancillary building that serves,
(A) a house described in Subclause (i), or
(B) an individual dwelling unit in a house described in Subclause (i),
(c)construction of a farm building that,
(i)is of low human occupancy,
(ii)is 2 storeys or less in building height, and
(iii)has a building area of less than 600 m²,
(d)a sewage system to be constructed by that person and,
(i)the person is registered under Article 3.3.3.2., or
(ii)the sewage system is owned by the person,
(e)construction of tents described in Sentence 3.14.1.2.(1) of Division B,
(f)construction of signs,
(g)construction of site services including,
(i)surface drainage, and
(ii)plumbing located underground, either outside a building or under a building,
(h)construction of pre-engineered elements of a building, if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances,
(i)construction of appliances, equipment and similar incidental components of a building,
(j)construction of an ancillary building,
(i)that serves a house or an individual dwelling unit in a house, and
(ii)that has a building area of not more than 55 m², or
(k)construction of a building for which a permit under section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued.
Open OBC Div. C 3.2.5.1. in the code viewer
OBC Div. C 3.2.5.2. Registration and Renewal of a Registration
(1)Subject to Article 3.2.5.7., the director may register an applicant, or renew a registration, in each class of registration applied for, if,
(a)the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs 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 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made.
(b)the application is complete, and
(c)all fees required under Article 3.2.5.5. are paid.
(2)Subject to Article 3.2.5.7., a person who, on December 31, 2024, is registered under Sentence 3.2.5.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.5.6. of Division C of that regulation is deemed to be registered under Sentence 3.2.5.2.(1) of this Code, and for these purposes, the person's registration is deemed to continue until its term expires.
(3)For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, has the qualifications set out in Clause 3.2.5.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.2.5.2.(1)(a) of this Code.
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OBC Div. C 3.2.5.5. Fees
(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.5.2.(1)(a) is $150.
(2)The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.
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OBC Div. C 3.2.2.1. Other Designers
(1)Every person who carries out design activities must have the qualification set out in Sentence 3.2.5.1.(1), if the person is not required to have the qualification set out in Sentence 3.2.4.1.(1).
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OBC Div. A 1.4.1.2.(1) Low human occupancy
Low human occupancy means, when applied to a farm building, an occupancy in which the occupant load is not more than one person per 40 m² of floor area during normal use.
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OBC Div. C 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 within 60 days before the expiry of the registration to be renewed.
(3)An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.2.4.7.
(4)If a partnership or a corporation is the applicant for registration or renewal of a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be.
(5)An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who,
(a)have the qualifications set out in Clause 3.2.4.2.(1)(a) in the class or classes of registration for which the application is made, and
(b)have the qualifications set out in Clause 3.2.4.2.(1)(b) and will review and take responsibility for the design activities provided to the public by the applicant or registered person in the class or classes of registration for which the application is made.
(6)An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b).
(7)An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person in such form and in such detail as may be required by the director, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.
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OBC Div. C 3.2.4.4. Term
(1)A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.
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OBC Div. C 3.2.4.6. Not Transferable
(1)A registration is not transferable.
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OBC Div. C 3.2.4.7. Conditions
(1)The following are the conditions of a registration:
(a)the registered person shall carry out design activities only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the registered person,
(b)if the registered person is a corporation or partnership, there must throughout the term of the registration be an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 3.2.4.2.(1)(a) for each class of registration set out in Column 1 of Table 3.5.2.1. that is held by the registered person,
(c)the registered person shall ensure that a person who has the qualifications set out in Clause 3.2.4.2.(1)(a) or (b) in respect of the class of registration set out in Column 1 of Table. 3.5.2.1. to which the design activities relate will review and take responsibility for design activities in each class of registration that are provided to the public by the registered person,
(d)the registered person shall ensure that a person described in Clause (c) who reviews and takes responsibility for design activities provided to the public by the registered person shall include the following information on any document submitted to a chief building official or registered code agency in the circumstances set out in subsection 15.11(5) of the Act:
(i)the name of the registered person and any registration number issued to the registered person by the director,
(ii)a statement that the person has reviewed and taken responsibility for the design activities,
(iii)the person's name and any identifying number issued to the person by the director in respect of the qualifications described in Clause 3.2.4.2.(1)(a) or (b) that the person has, and
(iv)the person's signature,
(e)the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 3.6.2.,
(f)the registered person shall, within 15 days after the event, notify the director in writing of,
(i)any change in address of the registered person for correspondence relating to the registration, and
(ii)any change in the information set out in Sentences 3.2.4.3.(1) and (5),
(g)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 (f), that is contained in or accompanies an application for registration or renewal of a registration,
(h)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
(i)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.
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OBC Div. C 3.2.5.6. Conditions
(1)The following are the conditions of a registration:
(a)the registered person shall carry out design activities only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the registered person,
(b)the registered person shall, within 15 days after the event, notify the director in writing of any change in the information set out in Clause 3.2.5.3.(1)(a),
(c)the registered person shall include the following information on any document respecting design activities that the person has reviewed and taken responsibility for and that is submitted to a chief building official or registered code agency in the circumstances set out in subsection 15.11(5) of the Act:
(i)the person's name and any identifying number assigned to the person by the director in respect of the person's registration,
(ii)a statement that the person has reviewed and taken responsibility for the design activities, and
(iii)the person's signature.
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OBC Div. C 3.2.4.8. Suspension, Revocation, Refusal to Register or Renew a Registration
(1)The director may, in the circumstances set out in Sentence (2),
(a)refuse to register an applicant or to renew a registration, or
(b)suspend or revoke a registration.
(2)The circumstances referred to in Sentence (1) are,
(a)the registered person is in contravention of the Act or this Code,
(b)the registered person is in breach of a condition of the registration other than the condition set out in Clause 3.2.4.7.(1)(f),
(c)the registration was issued on the basis of mistaken, false or incorrect information,
(d)the director is of the opinion that the past conduct of the applicant or registered person or, if the applicant or registered person is a partnership or a corporation, the partners, officers or directors of the applicant or registered person, as the case may be, affords reasonable grounds for belief that the business that would be or is authorized by the registration will not be carried on in accordance with law,
(e)the application is incomplete, or
(f)any fees required under Article 3.2.4.5. remain unpaid.
(3)If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration under Sentence (1), the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.
(4)A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.
(5)If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).
(6)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director's proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.
(7)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.
(8)Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.
(9)If, within the time period set out in Sentence 3.2.4.3.(1), the registered person has applied for renewal of a registration, paid the fee required under Article 3.2.4.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 3.6.2. for the term of the renewal of the registration, the registration is deemed to continue until the earliest of,
(a)the day the registration is renewed,
(b)if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order, and
(c)the day when the registered person ceases to be covered by the insurance required under Subsection 3.6.2.
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OBC Div. C 3.2.4.9. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew Registration
(1)The director shall, in the circumstances set out in Sentence (2),
(a)refuse to register an applicant,
(b)refuse to renew a registration, or
(c)suspend or revoke a registration.
(2)The circumstances referred to in Sentence (1) are that,
(a)the applicant or registered person is not covered by the insurance required under Subsection 3.6.2., or
(b)an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and no registration be issued to the person until a fine is paid.
(3)If the director refuses to register an applicant, refuses to renew a registration or suspends or revokes a registration under Sentence (1), the director shall serve a notice of the refusal, suspension or revocation, together with the reasons for it, on the applicant or registered person.
(4)A suspension or revocation of a registration under Sentence (1) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the suspension or revocation of the registration.
(5)A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.
(6)The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may grant the stay subject to conditions.
(7)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (5), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, as the case may be, and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.
(8)The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.
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OBC Div. C 3.2.6.1. Public Register
(1)The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by clause 8(2)(c) and subsection 15.11(5) of the Act.
(2)The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.4.2.(1):
(a)the name of the registered person,
(b)any identifying number assigned by the director to the registered person,
(c)the business address of the registered person,
(d)the classes of registration of the registered person,
(e)the names of the person or persons who will review and take responsibility for design activities carried out by the registered person in each class of registration, and
(f)any identifying number assigned by the director to the person or persons referred to in Clause (e).
(3)The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.5.2.(1):
(a)the name of the registered person,
(b)any identifying number assigned by the director to the registered person, and
(c)the classes of registration of the registered person.
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OBC Div. C Table 3.5.2.1. Classes of Registration and Categories of Qualifications for Inspectors and Persons Who Carry Out Design Activities[1][2] — Forming Part of Sentence 3.5.2.1.(1)
Table 3.5.2.1. — Classes of Registration and Categories of Qualifications for Inspectors and Persons Who Carry Out Design Activities[1][2] — Forming Part of Sentence 3.5.2.1.(1) Item | Classes of Registration for Inspectors and Persons Who Carry out Design Activities | Categories of Qualifications for Inspectors and Persons Described in Clauses 3.2.4.2.(1)(a) and (b) and 3.2.5.2.(1)(a) | Type of Building 1 | House | House | (a) A detached house, semi-detached house, or rowhouse containing not more than two dwelling units and the building systems, works, fixtures and service systems appurtenant to these buildings (b) including: an ancillary building that serves the building, and (c) excluding: buildings and parts of buildings described in Column 3 of any of Items 5, 6, 7, 8, 10 and 11 of this Table 2 | Small Buildings | Small Buildings | (a) Buildings described in Sentence 1.3.3.3.(1) of Division A and the building systems, works, fixtures and service systems appurtenant to these buildings (b) including: buildings and parts of buildings (i) described in Column 3 of Item 1 of this Table, or (ii) to which any of Sections 3.10., 3.11., 3.12., 3.14. and 3.15. of Division B apply and that are appurtenant to or serve buildings described in Clause (a) (c) excluding: buildings and parts of buildings described in Column 3 of any of Items 4 to 10 of this Table, and signs described in Clause 1.3.3.5.(1)(e) of Division A 3 | Large Buildings | Large Buildings | (a) Buildings described in Sentence 1.3.3.2.(1), (3) or (4) of Division A and the building systems, works, fixtures and service systems appurtenant to these buildings (b) excluding: buildings and parts of buildings described in Column 3 of any of Items 4 to 11 of this Table, and signs described in Clause 1.3.3.5.(1)(e) of Division A 4 | Complex Buildings | Complex Buildings | (a) Building systems, works, fixtures and service systems to which Subsection 3.2.6. of Division B or any provision in Articles 3.2.8.3. to 3.2.8.8. of Division B applies, and (b) buildings and parts of buildings described in Column 3 of Item 3 of this Table 5 | Plumbing – House | Plumbing – House | All plumbing systems to which Part 7 of Division B applies that are appurtenant to a house 6 | Plumbing – All Buildings | Plumbing – All Buildings | (a) All plumbing systems to which Part 7 of Division B applies, including: buildings and parts of buildings described in Column 3 of Item 5 of this Table 7 | HVAC – House | HVAC – House | All building systems, works, fixtures and service systems to which Section 9.32. or 9.33. of Division B applies that are appurtenant to a house 8 | Building Services | Building Services | (a) Building systems, works, fixtures and service systems that are appurtenant to buildings described in Sentence 1.3.3.2.(1), (3) or (4) or Sentence 1.3.3.3.(1) of Division A and that relate to fire suppression, fire detection, smoke control, exhaust, vertical movement of smoke, energy efficiency, lighting and emergency power, and (b) building systems, works, fixtures and service systems appurtenant to buildings to which Part 6 of Division B applies or to which Section 9.32. or 9.33. of Division B applies, including: buildings and parts of buildings described in Column 3 of Item 7 or 11 of this Table 9 | Building Structural | Building Structural | Internal and external loadbearing structural elements essential to the stability or strength of a building described in Sentence 1.3.3.2.(2) or 1.3.3.3.(1) of Division A and that resist dead loads or live loads including, but not limited to, foundations, floors, walls, roofs, columns and beams 10 | On-Site Sewage Systems | On-Site Sewage Systems | Sewage systems to which Part 8 of Division B applies 11 | Detection, Lighting and Power | Detection, Lighting and Power | Early warning and electrical systems including systems appurtenant to buildings described in Sentence 1.3.3.2.(1) or 1.3.3.3.(1) of Division A and that relate to fire alarm and detection systems, voice communication systems, lighting systems, emergency lighting systems or emergency power systems for building services in all buildings 12 | Fire Protection | Fire Protection | Fire suppression, fire detection, firefighting and fire safety systems appurtenant to buildings described in Sentence 1.3.3.2.(1) or 1.3.3.3.(1) of Division A N/A | Column 1 | Column 2 | Column 3 Notes to Table 3.5.2.1.: (1) An inspector registered in one class of registration may carry out plans review and inspection in another class where to do so does not constitute a substantial part of the plans review or inspection on any project. (2) A person registered in one class of registration may carry out design activities in another class where to do so does not constitute a substantial part of the design activities on any project.
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OBC Div. C 3.5.2.1. Inspectors and Persons Who Carry out Design Activities
(1)Table 3.5.2.1. sets out the classes of registration and categories of qualifications for inspectors and persons who carry out design activities.
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OBC Div. C 3.6.2.1. Definition
(1)In this Subsection, registered person means a person who is registered under Sentence 3.2.4.2.(1) or 3.4.3.2.(1).
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OBC Div. C 3.6.2.3. Insurance Coverage
(1)The insurance policy,
(a)shall indemnify the registered person against liability imposed by law arising out of the performance of or the failure to perform services as a registered person during any time while the person is registered under Sentence 3.2.4.2.(1) or 3.4.3.2.(1) for claims that are first made and reported to the insurer during the period of insurance or during any extended reporting period required by Clause (1)(c),
(b)shall set out the name of the registered person,
(c)in the case of a registered code agency registered under Sentence 3.4.3.2.(1),
(i)shall require an extended reporting period of two years for the purposes of giving notice of any claim or occurrence that the registered code agency could reasonably foresee might give rise to a claim, with respect to an event that occurs prior to the person ceasing to be insured,
(ii)shall provide that the extended reporting period described in Subclause (i) shall commence on the day the registered code agency ceases to be insured, and
(iii)shall require the registered code agency to make full payment of all premiums for the extended reporting period referred to in Subclause (i) as part of the premiums for the issuance of the insurance policy,
(d)shall provide for insurance coverage to commence,
(i)on the date the registered person becomes registered, or
(ii)in the case of a registered person previously insured in accordance with this Article, on the expiry of the previous policy,
(e)shall require the insurer to provide prompt written notice to the director if the policy is declared void for material misrepresentation,
(f)shall specify a limit of indemnity for any one claim and in the aggregate during any one period of insurance that is not less than,
(i)in the case of persons registered under Sentence 3.2.4.2.(1),
(A) $1,000,000 per claim and $2,000,000 in the aggregate, if the person billed $100,000 or more in fees in the 12 months immediately before the issuance of the policy,
(B) $500,000 per claim and $1,000,000 in the aggregate, if the person billed more than $50,000 and less than $100,000 in fees in the 12 months immediately before the issuance of the policy,
(C) $250,000 per claim and $500,000 in the aggregate, if the person billed $50,000 or less in fees in the 12 months immediately before the issuance of the policy, or
(D) the limits of indemnity for any one claim and in the aggregate that are set out in Sub-subclause (A), (B) or (C), as determined by reference to the person’s estimated fees billings for the 12-month period immediately after the issuance of the policy, if the person has been registered less than one year before the issuance of the policy, and
(ii)in the case of a registered code agency registered under Sentence 3.4.3.2.(1), $1,000,000 per claim and $2,000,000 in the aggregate, except that those limits shall apply exclusively to the exercise of the powers and performance of the duties of a registered code agency under the Act and shall be in addition to any insurance applicable to any other activities carried on by the registered code agency,
(g)shall provide that any costs and expenses necessarily incurred by the insurer in the investigation, defence or settlement of claims under the policy shall not be part of the limit of indemnity set out in Clause (f) unless the limit of indemnity from any one claim exceeds $2,000,000,
(h)shall not provide that the insured shall be responsible for the first portion of any sum that the insured becomes legally liable to pay in respect of a claim made against him, her or it in respect of any one claim or occurrence in an amount exceeding the lesser of,
(i)$70,000, and
(ii) 5% of,
(A) the amount of fees billed by the insured in the 12 months immediately before the issuance of the policy,
(B) the amount of the insured’s estimated fees billings for the 12-month period immediately after the issuance of the policy, if the insured has been registered under Sentence 3.2.4.2.(1) less than one year before the issuance of the policy,
(i)shall provide that it cannot be cancelled by the insured unless,
(i) the insured immediately replaces the policy with another policy that satisfies the requirements of this Article,
(ii)the insurer has given notice in writing of the proposed cancellation to the director, and
(iii)the notice described in Subclause (ii) was received by the director at least 30 days before the day the policy is cancelled.
(j)shall provide that it cannot be cancelled by the insurer unless,
(i)it is cancelled for non-payment of a premium,
(ii)the insurer has given notice in writing of the proposed cancellation to the director, and
(iii)the notice described in Subclause (ii) was sent to the director at least 30 days before the day the policy is cancelled,
(k)shall provide for the continuation of coverage if the insured is adjudged a bankrupt, insolvent, incompetent or dies during the period of insurance, and
(l)may provide that coverage be subject to such exclusions and conditions and otherwise on such terms as are consistent with normal insurance industry practice from time to time.
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OBC Div. C 3.3.3.2. Registration and Renewal of a Registration
(1)Subject to Article 3.3.3.8., the director may register an applicant, or renew a registered person's registration, if,
(a)all persons who will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the applicant or registered person have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs 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)Subject to Article 3.3.3.8., a person who, on December 31, 2024, is registered under Sentence 3.3.3.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.3.3.7. of Division C of that regulation is deemed to be registered under Sentence 3.3.3.2.(1) of this Code, and for these purposes, the person's registration is deemed to continue until its term expires.
(3)For the purposes of a registration or a renewal of a registration, a person who, on December 21, 2024, has the qualifications set out in Clause 3.3.3.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.3.3.2.(1)(a) of this Code.
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OBC Div. C 3.1.1.1. Scope
(1)Except as provided in Sentence (2), this Section prescribes, for the purposes of subsections 15.11(1), (2) and (3) of the Act,
(a)the qualifications that a person must satisfy to be appointed and to remain appointed as,
(i)a chief building official under the Act, or
(ii)an inspector who has the same powers and duties as a chief building official in relation to plumbing,
(b)the qualifications that a person must satisfy to be appointed and to remain appointed as,
(i)an inspector who has the same powers and duties as a chief building official in relation to sewage systems, or
(ii)an inspector whose duties include plans review or inspection of sewage systems under the Act, and
(c)the qualifications that a person must satisfy to be appointed and to remain appointed as an inspector under the Act, other than an inspector described in Subclause (a)(ii) or (b)(i) or (ii).
(2)The qualification requirements for chief building officials and inspectors in Sentence (1) do not apply to plans review and inspection of,
(a)site services including,
(i)surface drainage, and
(ii)plumbing located underground either outside a building or under a building,
(b)construction of a factory-built house certified to CSA A277, "Procedure for Factory Certification of Buildings,"
(c)construction of a mobile home conforming to CSA Z240 MH Series, "Manufactured Homes,"
(d)construction of a park model trailer conforming to CAN/CSA-Z241 Series, "Park Model Trailers," or
(e)signs.
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OBC Div. C 3.7.2.1. General
(1)A registered code agency may not be appointed to perform functions under section 15.15 of the Act in respect of a building or continue to act under an appointment in respect of a building if the registered code agency,
(a)is not registered under Sentence 3.4.3.2.(1) in respect of the class of registration to which the construction of the building relates, or
(b)is in breach of a condition of its registration under Article 3.4.3.7.
(2)Where the design and general review of construction of a building must be undertaken by an architect or a professional engineer or a combination of both, a registered code agency may not be appointed to perform functions under section 15.15 of the Act or continue to act under an appointment in respect of the construction of the building unless the registered code agency or an officer, director, partner or employee of the registered code agency is an architect or professional engineer or both, as the case may be.
(3)A registered code agency may not be appointed under the Act or continue to act under an appointment if the registered code agency would be in a conflict of interest.
(4)For the purposes of Sentence (3), a registered code agency would be in a conflict of interest if the registered code agency or an officer, director, partner or employee of the registered code agency or any person engaged by the registered code agency to perform functions for it,
(a)has participated or participates, in any capacity, in design activities or construction relating to any part of the building to which an appointment relates,
(b)is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the building,
(c)has a professional or financial interest in,
(i)the construction of the building to which the appointment relates,
(ii)the building to which the appointment relates, or
(iii)the person responsible for the design of the building to which the appointment relates, or
(d)is an elected official, officer or employee of a principal authority.
(5)For the purposes of Clause (4)(c), involvement with a building as a registered code agency and entitlement to any fee paid for acting as a registered code agency in respect of a building shall not be considered to be a professional or financial interest in the construction of the building, the building or the person responsible for the design of the building.
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OBC Div. C 3.7.4.4. Issuance of Orders by Registered Code Agencies
(1)Orders under subsections 13(6) and 14(1) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).
(2)Orders under subsections 12(2) and 13(1) and clause 18(1)(f) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c).
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OBC Div. C 3.7.4.5. Authorized Persons
(1)Persons who have the qualifications set out in Clause 3.4.3.2.(1)(a), (b) or (c) are prescribed for the purposes of subsection 15.17(1) of the Act.
(2)The certificate of authorization referred to in subsection 15.17(2) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by a representative of the registered code agency who has the qualifications set out in Clause 3.4.3.2.(1)(a) and shall contain the following information:
(a)the name of the registered code agency and any identifying number issued by the director to the registered code agency.
(b)the title, business address and business telephone number of a representative of the registered code agency who may be contacted to answer questions about the certificate and the authorization to which it relates,
(c)the name of the authorized person and any identifying number issued by the director to the authorized person in respect of that person's qualifications,
(d)the scope of the powers that may be exercised and the functions that may be performed by the authorized person,
(e)the date of issuance of the certificate.
(3)Every person described in Sentence (1) shall carry his or her certificate of authorization when performing duties and shall produce the certificate for inspection upon request.
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