Registered code agency appointments and functions (Division C 3.7) (Powers and Duties of Registered Code Agencies)

Last updated October 22, 2026

Values this chapter turns on

look-back on employment for a conflict of interest: 180 days; look-back on employment for a conflict of interest
to send records to the CBO after an appointment ends: 15 days; to send records to the CBO after an appointment ends
to send records after the CBO asks for them early: 2 days; to send records after the CBO asks for them early
on appointing or continuing an RCA, 3.7.2.1.: 4 bars; on appointing or continuing an RCA, 3.7.2.1.

Division C Section 3.7 is the RCA's operating manual: what the agreement and appointment must contain, when an RCA may not act (including conflicts of interest), who signs what, what records go to the CBO and how fast, and how a stop work order is referred. This chapter paraphrases the Code.

Agreements and appointments (3.7.1)

For a principal authority appointment under s. 4.1(2) of the Act, both the agreement and the appointment must meet set requirements.

Item	Agreement (3.7.1.1.)	Appointment (3.7.1.2.)
In writing	Yes	Yes
Functions	Functions the RCA is authorized to perform	The s. 15.15 functions it is appointed to perform
Building	Construction of the building or class of buildings	Construction of the building or class of buildings
Procedure	How the principal authority will appoint the RCA	Not required
Act, Code and quality management plan	RCA to carry out functions in accordance with them	Same
Information	Principal authority to provide plans, specifications, permit applications and other information the RCA needs	Not required
Extra terms	Allowed if consistent; must not cover a class the RCA is not registered in	Allowed if consistent

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Restrictions on appointment (3.7.2)

C 3.7.2.1. bars appointment, and also bars continuing to act, in four situations:

The RCA is not registered in the class of registration to which the construction relates.
The RCA is in breach of a condition of its registration under 3.4.3.7.
The design and general review must be by an architect or engineer (or both), and neither the RCA nor any officer, director, partner or employee is an architect or engineer as needed.
The RCA would be in a conflict of interest.

A conflict of interest exists if the RCA, or any officer, director, partner or employee of it, or anyone it engages to perform functions:

Clause	Conflict
(a)	Has participated or participates, in any capacity, in design activities or construction relating to any part of the building
(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 the construction, the building, or the person responsible for its design
(d)	Is an elected official, officer or employee of a principal authority

Acting as the RCA and being entitled to the RCA fee is not itself a professional or financial interest (3.7.2.1.(5)).

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Additional functions (3.7.3)

C 3.7.3.1. adds to paragraphs 1 to 5 of s. 15.15: an RCA may also be appointed to perform the functions set out in 3.7.4.3.(1) or (6). The cross-reference reads oddly, since Sentence (1) is the signing rule, so confirm it in the PDF. Read with 3.7.4.3.(5) to (7), the certificates the Code adds beyond the Act's list are the certificate for the occupancy of a building not fully completed (3.7.4.3.(5)) and the occupancy certificates for houses under 1.3.3.4.(3) and buildings under 1.3.3.5.(1).

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Manner of performing functions (3.7.4)

General. Functions are performed per the Act, the Code and the quality management plan, and per the code of conduct in Supplementary Standard SC-1, "Code of Conduct for Registered Code Agencies" (3.7.4.1.).

Plans review and inspection (3.7.4.2.): done only by a person with the clause (b) or (c) qualification for the type of building in Column 3 of Table 3.5.2.2. Written records of every inspection show the date the notice of readiness was received (if any), the inspection date, the reason, and whether non-compliance was seen, with details. For orders under s. 12(2), 13(1) or 13(6), the record holds a copy of the order, who was served and when and how, when and how it was complied with, and, if not complied with, the efforts made to get compliance.

Certificates (3.7.4.3.):

Certificate	Appointment needed (s. 4.1(4))	RCA must be satisfied on reasonable grounds that
Plans review certificate	(a) or (c)	Proposed construction complies with the Code on the issue date
Change certificate	(a), (b) or (c)	Proposed construction complies on the issue date
Occupancy of a building not fully completed	(b) or (c)	Construction complies with 1.3.3.1. (a) to (q) or 1.3.3.7. (a) to (y), as applicable
Occupancy, 1.3.3.4.(3) house	(b) or (c)	Complies with 1.3.3.4. (a) to (i)
Occupancy, 1.3.3.5.(1) building	(b) or (c)	Complies with 1.3.3.5. (a) to (r)
Final certificate	(b) or (c)	Construction complies with the Code on the issue date

For each, the RCA must also have carried out its appointed functions properly. Certificates are signed by the RCA or, for a corporation or partnership, by a person with the clause (a) (RCA exam) qualification. Where the building would need architect or engineer design and general review, an architect or engineer who is an officer, director, partner or employee also signs. Certificates are in a form approved by the Minister.

Orders (3.7.4.4.):

Order	Signed by the RCA or a person with
Uncover (s. 13(6)), stop work (s. 14(1))	Clause (a) qualification (RCA exam)
Compliance (s. 12(2)), not to cover (s. 13(1)), tests and samples (s. 18(1)(f))	Clause (b) or (c) qualification (technical exam)

Authorized persons (3.7.4.5.): persons with clause (a), (b) or (c) qualifications are the "prescribed persons" under s. 15.17(1). The certificate of authorization is signed by a clause (a) representative and shows the RCA's name and number, a contact representative's title, business address and phone, the authorized person's name and number, the scope of powers and functions, and the issue date.

Whistleblower protection (3.7.4.6.): an RCA must not dismiss, suspend, demote, discipline, harass, otherwise disadvantage or deny a benefit to an employee because the employee, in good faith and on reasonable belief, reported a contravention to the director, refused to contravene, did what was needed to avoid a contravention, or because the RCA believes the employee will do so. "Employee" includes an independent contractor.

Records and information (3.7.4.7.): keep records of all plans review, inspections, certificates, orders and other activities per the quality management plan. Information collected may be used only to perform functions under a s. 4.1(2) appointment and disclosed only to a principal authority under the agreement, to a principal authority to aid enforcement, or as required or permitted by law or court order. Anyone the RCA engages must be bound to the same rules by contract.

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Termination, information and referral (3.7.5 to 3.7.7)

3.7.5.1.: a principal authority may terminate a s. 4.1(2) appointment early in accordance with the agreement.
3.7.6.1.: after an early termination, or after a CBO order under s. 15.21(1), the principal authority tells the director as soon as possible.
3.7.6.2.: an RCA that becomes or expects to become unable to carry out its functions notifies the director as soon as possible; 3.7.6.3.(1) requires it to notify the CBO too.
3.7.6.3.(2) to (4): copies to the CBO of orders under s. 12(2), 13(1) and 13(6), inspection and order records, all final certificates, alternative solution records, and s. 18(1) records. Timing: within the period in the agreement or appointment (whichever ends earlier); if none, within 15 days after expiry or termination; or within 2 days after a CBO request. Days exclude Saturdays, holidays and days the principal authority's offices are closed, and start the day after the obligation arises. The duty survives the end of the RCA's registration.
3.7.6.3.(5) to (7): if the RCA has reason to believe a building it is appointed for, or a building adversely affected by that construction, is unsafe under s. 15.9(2) or (3), it notifies the CBO as soon as possible of the location and the reason, and gives further information the CBO requires.
3.7.7.1.: referral of a stop work order under s. 14(5) is made as soon as possible with a report containing copies of the s. 12 or 13 order and the s. 14 order, who was served and when and how, a statement that the orders were not complied with, and the RCA's efforts to obtain compliance, plus anything else the CBO requires. A clause (a) person signs it for a corporation or partnership.

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Worked scenarios

Scenario 1. An RCA hires an inspector who, four months ago, was a site superintendent for the general contractor now building the project. Four months is within 180 days: conflict of interest under 3.7.2.1.(4)(b).

Scenario 2. An RCA's appointment ends on completion with no time period in the agreement. Final certificates and records go to the CBO within 15 days after expiry.

Common traps

Forgetting that the 3.7.2.1. bars apply to continuing to act, not just to the initial appointment.
Thinking a final certificate needs only (b). Either (b) or (c) appointment is fine; (a) alone is not.
Confusing the 15-day record deadline with the 15-day notice to the director under 3.4.3.7.

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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
Agreements and appointments (3.7.1)	For a principal authority appointment under s. 4.1(2) of the Act, both the agreement and the appointment must meet set requirements.
Restrictions on appointment (3.7.2)	Acting as the RCA and being entitled to the RCA fee is not itself a professional or financial interest (3.7.2.1.(5)).
Manner of performing functions (3.7.4)	Plans review and inspection: done only by a person with the clause (b) or (c) qualification for the type of building in Column 3 of Table 3.5.2.2. Written records of every…

Agreements and appointments (3.7.1)
For a principal authority appointment under s. 4.1(2) of the Act, both the agreement and the appointment must meet set requirements.
Restrictions on appointment (3.7.2)
Acting as the RCA and being entitled to the RCA fee is not itself a professional or financial interest (3.7.2.1.(5)).
Manner of performing functions (3.7.4)
Plans review and inspection: done only by a person with the clause (b) or (c) qualification for the type of building in Column 3 of Table 3.5.2.2. Written records of every…

Usual exam traps

Forgetting that the 3.7.2.1. bars apply to continuing to act, not just to the initial appointment.
Thinking a final certificate needs only (b). Either (b) or (c) appointment is fine; (a) alone is not.
Confusing the 15-day record deadline with the 15-day notice to the director under 3.4.3.7.

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Questions on Registered code agency appointments and functions (Division C 3.7), 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 3.7.1.1. Agreements
(1)A registered code agency may not be appointed under subsection 4.1(2) of the Act, unless the agreement entered into between a principal authority and the registered code agency complies with the requirements set out in Sentences (2) and (3).
(2)An agreement described in Sentence (1) shall,
(a)be made in writing,
(b)specify the functions that the registered code agency is authorized to perform,
(c)specify the construction of the building or class of buildings in respect of which the functions will be performed,
(d)set out the procedure by which the principal authority will appoint the registered code agency to perform specified functions in respect of the construction of a building or class of buildings,
(e)require that the registered code agency carry out its functions under the agreement in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), and
(f)provide for the provision by the principal authority to the registered code agency of such plans, specifications and other information, including applications for permits, that the registered code agency may require in order to act under the appointment.
(3)An agreement described in Sentence (1),
(a)may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence, and
(b)shall not contain any provision that relates to the construction of buildings for a class of registration for which the registered code agency is not registered under Sentence 3.4.3.2.(1).
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OBC Div. C 3.7.1.2. Appointments
(1)A registered code agency may not be appointed under subsection 4.1(2) of the Act unless the appointment complies with the requirements of Sentences (2) and (3).
(2)An appointment described in Sentence (1) shall,
(a)be made in writing,
(b)specify the construction of the building or class of buildings in respect of which the appointment relates,
(c)specify the functions described in section 15.15 of the Act that the registered code agency is appointed to perform, and
(d)require that the registered code agency carry out its functions under the appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d).
(3)An appointment described in Sentence (1) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence.
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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 3.7.3.1. 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).
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OBC Div. A 1.4.1.2.(1) Certificate for the occupancy of a building not fully completed
Certificate for the occupancy of a building not fully completed means a certificate described in Sentence 3.7.4.3.(5) of Division C.
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OBC Div. C 3.7.4.1. General
(1)The registered code agency shall perform the functions specified in an appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d).
(2)The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in MMAH Supplementary Standard SC-1, "Code of Conduct for Registered Code Agencies".
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OBC Div. C 3.7.4.2. Plans Review and Inspection Activities
(1)The registered code agency shall ensure that plans review and inspection activities of the registered code agency are carried out by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c) in respect of the type of building set out in Column 3 of Table 3.5.2.2. for which the person is carrying out the activities.
(2)A registered code agency shall prepare written records of every inspection of the construction of a building that is undertaken by the registered code agency in the course of performing functions under an appointment.
(3)The record required under Sentence (2) shall include,
(a)the date of receipt of the notice of readiness for inspection, if any,
(b)the date of the inspection,
(c)the reason for the inspection, and
(d)whether non-compliance with this Code was observed in the course of the inspection and the details of the non-compliance.
(4)If a registered code agency has issued an order under subsection 12(2), 13(1) or 13(6) of the Act, the registered code agency shall prepare a written record consisting of,
(a)a copy of the order,
(b)the persons on whom the order was served and the date and manner of service,
(c)when and how the order was complied with, and
(d)if the order has not been complied with, the efforts made by the registered code agency to achieve compliance by the persons responsible for compliance.
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OBC Div. C 3.7.4.3. Issuance of Certificates by Registered Code Agencies
(1)Subject to Sentence (2), every certificate issued under the Act by a registered code agency 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, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).
(2)If the certificate is issued in respect of the construction of a building that would be required to be designed by and under the general review of an architect or a professional engineer or a combination of both, the certificate shall also be signed on behalf of the registered code agency by an architect or a professional engineer or both, as the case may be, who is an officer, director, partner or employee of the registered code agency.
(3)A registered code agency may issue a plans review certificate if the registered code agency,
(a)has been appointed to perform the functions described in clause 4.1(4)(a) or (c) of the Act in respect of the proposed construction of the building to which the plans review certificate applies,
(b)has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and
(c)is satisfied on reasonable grounds that, on date on which the plans review certificate is issued, the proposed construction of the building to which the plans review certificate relates is in compliance with this Code.
(4)A registered code agency may issue a change certificate if the registered code agency,
(a)has been appointed to perform the functions described in clause 4.1(4 (a),
(b)or
(c)of the Act in respect of the construction or proposed construction of the building to which the change certificate applies,
(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and
(c) is satisfied on reasonable grounds that, on the date on which the change certificate is issued, the proposed construction of the building to which the change certificate relates is in compliance with this Code.
(5)A registered code agency may issue a certificate for the occupancy of a building not fully completed if the registered code agency,
(a)has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of the building to which the certificate for the occupancy of a building not fully completed applies,
(b)has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and
(c)is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building not fully completed is issued, the construction of the building to which the certificate for the occupancy of a building not fully completed relates is in compliance with Clauses 1.3.3.1.(a) to (q) or 1.3.3.7.(a) to (y), as applicable.
(6)A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C if the registered code agency,
(a)has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence 1.3.3.4.(3) to which the certificate applies,
(b)has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and
(c)is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building described in Sentence of Division C ( 1.3.3.4.(3)) is issued, the construction of the building to which the certificate relates is in compliance with Clauses 1.3.3.4.(a) to (i).
(7)A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.5.(1) of Division C if the registered code agency,
(a)has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence 1.3.3.5.(1) to which the certificate applies,
(b)has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and
(c)is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building described in Sentence 1.3.3.5. of Division C is issued, the construction of the building to which the certificate relates is in compliance with Clauses 1.3.3.5.(a) to (r).
(8)A registered code agency may issue a final certificate if the registered code agency,
(a)has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of the building to which the final certificate applies,
(b)has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and
(c)is satisfied on reasonable grounds that on the date on which the final certificate is issued, the construction of the building to which the final certificate relates is in compliance with this Code.
(9)Every certificate issued under the Act by a registered code agency shall be in a form approved by the Minister.
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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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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 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.
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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 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 3.7.5.1. Termination of an Appointment Made under Subsection 4.1(2) of the Act
(1)A principal authority may, in accordance with the terms of an agreement under subsection 4.1(1) of the Act, terminate the appointment of a registered code agency before the appointment expires under section 15.19 of the Act.
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OBC Div. C 3.7.6.1. Information to be Provided by a Principal Authority to the Director
(1)If a principal authority that has appointed a registered code agency terminates the appointment before the appointment expires under section 15.19 of the Act, the principal authority shall, as soon as possible after the termination, give the director notice of the termination and such other information concerning the circumstances of the termination and as may be required by the director.
(2)If a chief building official has issued an order under subsection 15.21(1) of the Act, the principal authority shall as soon as possible after the order is issued give the director a copy of the order and such other information concerning the circumstances of the order and as may be required by the director.
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OBC Div. C 3.7.6.2. Information to be Provided by a Registered Code Agency to the Director
(1)A registered code agency that becomes or expects to become unable to carry out the functions for which the registered code agency was appointed shall as soon as possible give notice to the director of this situation.
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OBC Div. C 3.7.6.3. Information to be Provided by a Registered Code Agency to the Chief Building Official
(1)A registered code agency shall notify the chief building official if the registered code agency becomes or expects to become unable to carry out the functions for which the registered code agency was appointed.
(2)A registered code agency shall give copies of the following records to the chief building official,
(a)all orders issued by the registered code agency under subsections 12(2), 13(1) and 13(6) of the Act,
(b)all written records prepared by the registered code agency under Sentences 3.7.4.2.(2), (4) and (5),
(c)all final certificates that are issued by the registered code agency,
(d)records described in Section 2.1. relating to the use of an alternative solution, and
(e)any records of information, copies of documents or things, tests, samples or photographs produced, removed, required, taken or ordered to be taken under subsection 18(1) of the Act.
(3)The documents referred to in Sentence (2) shall be given to the chief building official,
(a)within the time period specified in any agreement under Article 3.7.1.1. or appointment under Article 3.7.1.2. in respect of which the documents relate, whichever time period ends earlier,
(b)within 15 days after the expiry or termination of the appointment of the registered code agency in respect of which the documents relate, if there is no time period specified in the agreement or appointment referred to in Clause (a), or
(c)if the chief building official has given notice to the registered code agency that he or she requires the documents before the time set out in Clause (a) or (b), within 2 days after the request for documents.
(4)The requirements of Sentence (2) apply even if the registered code agency is no longer registered under Sentence 3.4.3.2.(1).
(5)If a registered code agency in the course of carrying out functions under an appointment has reason to believe that a building described in Sentence (7) is unsafe within the meaning of subsection 15.9(2) or (3) of the Act, the registered code agency shall as soon as possible give notice to the chief building official of,
(a)the location of the building, and
(b)the reason why the registered code agency has reason to believe that the building is unsafe.
(6)A registered code agency that has given a notice to the chief building official under Sentence (5) shall give the chief building official such other information about the unsafe condition as the chief building official may require.
(7)Sentence (5) applies to,
(a)a building in respect of which the registered code agency has been appointed to perform functions, and
(b)a building that has been adversely affected by the construction of a building referred to in Clause (a).
(8)For the purposes of Sentence (3), a time period referred to in Clause (3)(a), (b) or (c),
(a)does not start until the day after the day on which the obligation to provide the documents arises, and
(b)does not include Saturdays, holidays and all other days on which the offices of the principal authority are not open for the transaction of business with the public.
Open OBC Div. C 3.7.6.3. in the code viewer
OBC Div. C 3.7.7.1. Referral
(1)A registered code agency shall refer a matter under subsection 14(5) of the Act to the chief building official by giving the chief building official, as soon as possible,
(a)a report that contains the following information:
(i)a copy of the order made under section 12 or 13 of the Act that was not complied with and of the order under section 14 of the Act,
(ii)the persons on whom the orders were served and the date and manner of service,
(iii)a statement that the orders have not been complied with, and
(iv)the efforts made by the registered code agency to achieve compliance with the orders by the persons responsible for compliance, and
(b)such other information as the chief building official may require in respect of the matter that has been referred.
(2)The report under Clause (1)(a) shall be signed, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), by the registered code agency or, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).
Open OBC Div. C 3.7.7.1. in the code viewer