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Values this chapter turns on
- an RCA may be appointed to perform under the Act
- 6 functions
- an RCA may be appointed to perform under the Act
- required on an RCA certificate of authorization
- 5 items
- required on an RCA certificate of authorization
- uncover and stop work, reserved to (a) qualifications
- 2 orders
- uncover and stop work, reserved to (a) qualifications
- that (b) or (c) qualified persons may sign for an RCA
- 3 orders
- that (b) or (c) qualified persons may sign for an RCA
A registered code agency (RCA) is a private body qualified to do some of the work a municipal building department does: review plans, inspect and issue certificates. The GLP exam takes only a slice of the RCA rules. From the Act it covers section 15.15 (functions) and subsection 15.17(1) (persons acting on behalf of an agency). From Division C it covers additional functions, who signs RCA orders, authorized persons, the whistleblower prohibition, records, and the public register. The deeper RCA rules (registration, appointment terms, termination) belong to the Powers and Duties of RCA exam.
Functions of registered code agencies
BCA s. 15.15BCA s. 15.15 Functions of registered code agenciesThe following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building: 1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code. 2. Issue plans review certificates. 3. Issue change… lists what an RCA may be appointed to do for the construction of a building:
- "Review designs and other materials to determine whether the proposed construction of a building complies with the building code."
- "Issue plans review certificates."
- "Issue change certificates."
- "Inspect the construction of a building for which a permit has been issued under this Act."
- "Issue final certificates."
- "Perform such other functions as may be authorized under this Act or in the building code."
Notice what is missing. An RCA does not issue building permits. Only the chief building official issues permits under section 8. The RCA's plans review certificate supports the permit application, and if it contains the prescribed information the CBO cannot refuse the permit on code grounds (see chapter 3).
Paragraph 6 is filled in by OBC Div. C 3.7.3.1.OBC Div. C 3.7.3.1. General(1) In addition to the functions described in paragraphs 1 to 5 of section 15.15 of the Act, a registered code agency may be appointed to perform the functions set out in Sentence 3.7.4.3.(1) or (6).. It allows an RCA to be appointed, in addition to the functions in paragraphs 1 to 5, to perform the functions set out in Sentence (1) or (6) of Division C 3.7.4.3. Sentence (6) covers issuing a certificate for the occupancy of certain houses before the CBO issues an occupancy permit.
How the appointment works is in sections 4.1 and 4.2 (chapter 2): by a principal authority, or by an applicant where the principal authority allows it.
Persons acting on behalf of an agency
"A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation" (BCA s. 15.17(1)BCA s. 15.17 Persons acting on behalf of an agency(1) A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation. (2) The registered code agency shall issue a certificate of authorization containing the prescribed…).
The prescribed persons are those with the qualifications in Division C 3.4.3.2.(1)(a), (b) or (c) (OBC Div. C 3.7.4.5.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…). The certificate of authorization must be signed by an RCA representative with the 3.4.3.2.(1)(a) qualifications, following the RCA's quality management plan. It must contain:
| Item on the certificate of authorization |
|---|
| the RCA's name and any identifying number from the director |
| title, business address and phone number of an RCA contact |
| the authorized person's name and identifying number |
| the scope of powers and functions authorized |
| the date of issuance |
Authorized persons must carry the certificate when on duty and produce it on request. The Act says the same for CBOs and inspectors in BCA s. 15.23BCA s. 15.23 Duty to carry identificationThe chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request..
Orders, authorized persons, prohibitions and records
Who signs RCA orders. OBC Div. C 3.7.4.4.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… splits orders into two groups, both signed in line with the RCA's quality management plan:
| Order under the Act | May be signed by |
|---|---|
| s. 13(6) order to uncover; s. 14(1) stop work order | the RCA, or a person with the 3.4.3.2.(1)(a) qualifications |
| s. 12(2) compliance order; s. 13(1) order not to cover; s. 18(1)(f) order to take tests and samples | the RCA, or a person with the 3.4.3.2.(1)(b) or (c) qualifications |
The heavier orders (uncover, stop work) are reserved to the higher qualification. As background only: when an RCA makes a stop work order, the matter goes to the CBO, but that referral rule is not on this syllabus.
Whistleblower protection. An RCA must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny a benefit, because the employee in good faith reported a contravention to the director, refused to break the Act or code, did something needed to comply, or because the RCA believes the employee will do so (OBC Div. C 3.7.4.6.OBC Div. C 3.7.4.6. Prohibition(1) A registered code agency shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that, (a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the director that the registered code…). "Employee" includes an independent contractor.
Records and information. The RCA must keep records of all plans review and inspection activity, certificates and orders (OBC Div. C 3.7.4.7.OBC Div. C 3.7.4.7. Information and Records(1) The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d). (2) Any information…). Information it collects may be used only to perform its appointment, and disclosed only to a principal authority under an agreement, to a principal authority to aid enforcement, or where law or a court requires or permits it. Contracts with people who help the RCA must bind them to the same rules.
RCA public register
The director must keep a public register of every person qualified under subsection 15.11(4) (OBC Div. C 3.4.4.1.OBC Div. C 3.4.4.1. Public Register(1) The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsection 15.11(4) of the Act. (2) The register referred to in Sentence (1) shall contain the following information with respect to every registered person: (a) the name of…). For each RCA it shows:
- name and any identifying number;
- business address;
- classes of registration;
- the names, and any identifying numbers, of persons who will exercise powers and perform functions for the RCA in each class.
Worked example: a covered-up beam
An RCA is appointed to inspect a commercial building. Its authorized inspector, qualified under 3.4.3.2.(1)(b), learns that a steel beam connection was enclosed before the required inspection. She cannot sign an order to uncover herself, because a 13(6) order needs the RCA or someone with the (a) qualifications. She can sign an order not to cover for the next floor, which falls under 13(1). Her manager with (a) qualifications signs the order to uncover.
Common traps
- RCAs do not issue permits. They issue plans review, change and final certificates.
- Inspection by an RCA is of construction "for which a permit has been issued".
- Order signing split. 13(6) and 14(1) need (a) qualifications; 12(2), 13(1) and 18(1)(f) allow (b) or (c).
- Authorization must be in writing, and the certificate is signed by an (a)-qualified representative.
- Whistleblower rule covers independent contractors too.
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.
- Functions of registered code agencies
How the appointment works is in sections 4.1 and 4.2 (chapter 2): by a principal authority, or by an applicant where the principal authority allows it.
- Persons acting on behalf of an agency
"A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may…
- Orders, authorized persons, prohibitions and records
The heavier orders (uncover, stop work) are reserved to the higher qualification.
- RCA public register
The director must keep a public register of every person qualified under subsection 15.11(4).
Usual exam traps
- RCAs do not issue permits. They issue plans review, change and final certificates.
- Inspection by an RCA is of construction "for which a permit has been issued".
- Order signing split. 13(6) and 14(1) need (a) qualifications; 12(2), 13(1) and 18(1)(f) allow (b) or (c).
- Authorization must be in writing, and the certificate is signed by an (a)-qualified representative.
- Whistleblower rule covers independent contractors too.
Practice this chapter
Questions on Registered code agencies, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.
Code cited in this chapter
Based on the official 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
BCA s. 15.15 Functions of registered code agencies
Open BCA s. 15.15 in the code viewerThe following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building:
1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code.
2. Issue plans review certificates.
3. Issue change certificates.
4. Inspect the construction of a building for which a permit has been issued under this Act.
5. Issue final certificates.
6. Perform such other functions as may be authorized under this Act or in the building code.
OBC Div. C 3.7.3.1. General
Open OBC Div. C 3.7.3.1. in the code viewer(1)In addition to the functions described in paragraphs 1 to 5 of section 15.15 of the Act, a registered code agency may be appointed to perform the functions set out in Sentence 3.7.4.3.(1) or (6).
BCA s. 15.17 Persons acting on behalf of an agency
Open BCA s. 15.17 in the code viewer(1)A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation.
(2)The registered code agency shall issue a certificate of authorization containing the prescribed information to the authorized person.
(3)The authorized person may exercise the powers and perform the duties of an inspector under any of the following provisions, in respect of the construction of a building for which the agency is appointed under this Act:
1. Section 12 (inspection).
2. Section 13 (order not to cover).
3. Section 16 (entry to dwellings).
4. Section 18 (powers of inspector).
OBC Div. C 3.7.4.5. Authorized Persons
Open OBC Div. C 3.7.4.5. in the code viewer(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.
BCA s. 15.23 Duty to carry identification
Open BCA s. 15.23 in the code viewerThe chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request.
OBC Div. C 3.7.4.4. Issuance of Orders by Registered Code Agencies
Open OBC Div. C 3.7.4.4. in the code viewer(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).
OBC Div. C 3.7.4.6. Prohibition
Open OBC Div. C 3.7.4.6. in the code viewer(1)A registered code agency shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that,
(a)the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the director that the registered code agency or any other person has contravened or intends to contravene a provision of the Act or this Code or a predecessor of this Code,
(b)the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of the Act or this Code or a predecessor of this Code,
(c)the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of the Act or this Code or a predecessor of this Code not be contravened, or
(d)the registered code agency believes that the employee will do anything referred to in Clause (a), (b) or (c).
(2)Nothing in this Section impairs any right of an employee either at law or under an employment contract or collective agreement.
(3)In this Article,
"employee" includes an independent contractor and "employer" includes the person who retains an employee who is an independent contractor.
OBC Div. C 3.7.4.7. Information and Records
Open OBC Div. C 3.7.4.7. in the code viewer(1)The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d).
(2)Any information collected by a registered code agency in the course of the exercise of powers and the performance of duties under the Act may be used only for the purpose of performing functions under an appointment under subsection 4.1(2) of the Act and may be disclosed only,
(a)to a principal authority pursuant to an agreement under subsection 4.1(1) of the Act,
(b)to a principal authority to aid the enforcement in any manner of the Act, or
(c)where required or permitted under the Act, this Code, other applicable legislation or an order of a court.
(3)A registered code agency shall ensure that any agreement under which the registered code agency engages a person to assist the registered code agency to perform functions under an appointment includes a provision that requires the person to comply with Sentences (1) and (2).
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OBC Div. C 3.4.4.1. Public Register
Open OBC Div. C 3.4.4.1. in the code viewer(1)The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsection 15.11(4) of the Act.
(2)The register referred to in Sentence (1) shall contain the following information with respect to every registered person:
(a)the name of the registered person,
(b)any identifying number assigned by the director to the registered person,
(c)the business address of the registered person,
(d)the classes of registration of the registered person, and
(e)the names of any persons who will exercise powers and perform functions under the Act on behalf of the registered person in each class of registration and any identifying number assigned by the director to that person.