Last updated
Values this chapter turns on
- window before expiry to apply for renewal
- 60 days
- window before expiry to apply for renewal
- extended reporting period on RCA insurance
- 2 years
- extended reporting period on RCA insurance
- notice to the director before a policy is cancelled
- 30 days
- notice to the director before a policy is cancelled
- cap on the deductible, or 5% of fees if less
- $70,000
- cap on the deductible, or 5% of fees if less
Division C Section 3.4 is the RCA's licence: it turns the Act's bare rule in s. 15.11(4) into a registration system run by the director. Section 3.5 and Table 3.5.2.2. set the classes of RCA registration and the technical exams behind each class, and Section 3.6 sets the insurance. This is the most number-heavy chapter of the RCA syllabus: fees, terms, notice periods and dollar limits. As always, this chapter paraphrases the Code; read the article in the exam.
Excluded: 3.2.6.1.(1), 3.3.3.1.(2) and 3.5.2.1. (the designer and inspector class table).
Qualification and registration (3.4.1 to 3.4.3)
The scope article (C 3.4.1.1.OBC Div. C 3.4.1.1. Scope(1) This Section prescribes, for the purposes subsection 15.11(4) of the Act, the qualifications that a person must have in order to be eligible to be appointed as a registered code agency under the Act.) ties Section 3.4 to s. 15.11(4) of the Act. The single prescribed qualification is registration with the director, in a form the director establishes (C 3.4.3.1.OBC Div. C 3.4.3.1. General(1) The following are prescribed as qualifications for persons to be appointed under the Act as a registered code agency: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director.).
Under C 3.4.3.2.(1)OBC Div. C 3.4.3.2. Registration and Renewal of a Registration(1) Subject to Articles 3.4.3.8. and 3.4.3.9., the director may register an applicant, or renew a registered person's registration, in each class of registration applied for, if, (a) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer… the director may register or renew in each class applied for if all of these are met:
| Clause | Requirement |
|---|---|
| (a) | The applicant, or for a corporation or partnership a director, officer, partner or employee, has passed the Ministry exam on the Act, the Code and the powers and duties of an RCA (this exam) |
| (b) | The applicant, or one or more directors, officers, partners or employees, has passed the technical exam in the Table 3.5.2.2. category for each class applied for |
| (c) | All persons who will carry out plans review and inspection for the RCA have passed the technical exam in the matching category |
| (d) | A quality management plan acceptable to the director |
| (e) | Insurance under Subsection 3.6.2. for the term |
| (f) | A complete application |
| (g) | All fees paid |
Registrations held on December 31, 2024 under the old Code (O. Reg. 332/12) carry over until their term ends, and qualifications held under the old clauses (a), (b) and (c) are deemed to carry over.
C 3.4.3.3.OBC Div. C 3.4.3.3. Application for Registration or Renewal of a Registration(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director. (2) An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed. (3) An application for registration or renewal of a… application contents: made to the director; renewals made within 60 days before expiry; a quality management plan covering at least eleven topics (verifying qualification and no conflict of interest before starting, supervision of reviewers and inspectors, assessing plans including alternative solutions, inspecting construction, receiving notices and general review reports, issuing certificates and orders, referring matters to the CBO under s. 14(5), taking part in Commission and court proceedings, records including transfer to the principal authority, training, and updating the plan); an undertaking to comply with the conditions; names and residence addresses of partners, directors or officers; the names of all qualified persons with evidence of their qualifications; and evidence of insurance.
| Item | Number |
|---|---|
| Term of registration (3.4.3.4.OBC Div. C 3.4.3.4. Term(1) A registration expires one year after the date of its issuance.) | One year from issuance |
| Renewal window | Within 60 days before expiry |
| Exam application fee (3.4.3.5.OBC Div. C 3.4.3.5. Fees(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.4.3.2.(1)(a), (b) or (c) is $150. (2) The fee for a registration is $484, for 2025 and subsequent calendar years. (3) The fee for the addition of a new class of registration is $82, for 2024 and…) | $150 per exam |
| Registration fee | $484 (2025 and later) |
| New class added | $82 |
| Renewal fee | $356 (2025 and later) |
| Notice of change of address or of QMP or named persons (3.4.3.7.OBC Div. C 3.4.3.7. Conditions(1) The following are the conditions of a registration: (a) the registered person shall carry out activities under the registration in accordance with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), (b) if the registered person is a corporation or partnership, during the term of…(1)(d)) | Within 15 days after the event, in writing |
| Request for a Tribunal hearing (3.4.3.8.OBC Div. C 3.4.3.8. 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, (b) refuse to renew a registration, or (c) suspend or revoke a registration. (2) The circumstances referred to in Sentence (1) are, (a) the registered person is in contravention of the Act or this Code, (b) the…) | Within 15 days after service of the notice |
A registration is not transferable (3.4.3.6.OBC Div. C 3.4.3.6. Not Transferable(1) A registration is not transferable.).
Conditions of registration (C 3.4.3.7.OBC Div. C 3.4.3.7. Conditions(1) The following are the conditions of a registration: (a) the registered person shall carry out activities under the registration in accordance with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), (b) if the registered person is a corporation or partnership, during the term of…): carry out activities per the Act, the Code and the quality management plan; for corporations and partnerships keep at least one (a)-qualified person and the (b)-qualified persons for each class throughout the term; stay insured; notify the director in writing within 15 days of a change of address or of the plan or named persons; give prompt written notice of other material changes; give the director documents and information on request at the RCA's expense; and let the director's representatives see books and records during normal business hours.
Discretionary refusal, suspension or revocation (C 3.4.3.8.OBC Div. C 3.4.3.8. 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, (b) refuse to renew a registration, or (c) suspend or revoke a registration. (2) The circumstances referred to in Sentence (1) are, (a) the registered person is in contravention of the Act or this Code, (b) the…): grounds include contravening the Act or Code, breaching a condition (other than the 15-day notice condition), registration on mistaken or false information, past conduct suggesting the business will not be run lawfully, a threat to public safety, an incomplete application, or unpaid fees. The director serves a notice of proposal with reasons; the person has 15 days to request a hearing before the Tribunal (the Licence Appeal Tribunal, per Division A 1.4.1.2.). A public safety suspension or revocation takes effect immediately and is not stayed by starting a proceeding, although the Tribunal may grant a stay. A registered person can simply ask in writing to cancel. If a renewal is applied for on time with fee and insurance evidence, the registration continues until renewal, refusal, or loss of insurance.
Mandatory refusal, suspension or revocation (C 3.4.3.9.OBC Div. C 3.4.3.9. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew a Registration(1) The director shall, in the circumstances set out in Sentence (2), (a) refuse to register an applicant, (b) refuse to renew a registration, or (c) suspend or revoke a registration. (2) The circumstances referred to in Sentence (1) are that, (a) the applicant or registered person is not covered by the insurance…): the director shall act if the RCA is not insured as required, or if a Provincial Offences Act order is in effect suspending its registration until a fine is paid. These take effect immediately; the 15-day hearing request still applies.
Public register and classes (3.4.4, 3.4.5, 3.5.2.2)
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…: the director keeps a public register of every person qualified under s. 15.11(4) showing the name, any identifying number, business address, classes of registration, and the names (and numbers) of persons who will exercise powers and perform functions for the RCA in each class.
Table 3.5.2.2.OBC Div. C Table 3.5.2.2. Classes of Registration and Categories of Qualifications for Registered Code Agencies — Forming Part of Sentence 3.5.2.2.(1)Table 3.5.2.2. — Classes of Registration and Categories of Qualifications for Registered Code Agencies — Forming Part of Sentence 3.5.2.2.(1) Classes of Registration for Registered Code Agencies | Category of Qualification for Persons Described in Clauses 3.4.3.2.(1)(a) to (c) | Type of Building Reference to Table… lists five RCA classes and the technical exam categories for each:
| RCA class | Qualification categories |
|---|---|
| House | House; Plumbing - House; HVAC - House; On-Site Sewage Systems |
| Small Buildings | Small Buildings; Plumbing - All Buildings; Building Services; Building Structural; On-Site Sewage Systems |
| Large Buildings | Large Buildings; Plumbing - All Buildings; Building Services; Building Structural; On-Site Sewage Systems |
| Complex Buildings | Complex Buildings; Plumbing - All Buildings; Building Services; Building Structural; On-Site Sewage Systems |
| On-Site Sewage Systems | On-Site Sewage Systems |
Column 3 of the table links each category to the "type of building" in Table 3.5.2.1., which is how 3.7.4.2.(1) decides who may review or inspect what.
Insurance (3.6)
Every person registered as a design firm under 3.2.4.2. or as an RCA under 3.4.3.2. must have a policy meeting C 3.6.2.3.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…. Points that differ for RCAs:
| Feature | RCA rule |
|---|---|
| Limits | At least $1,000,000 per claim and $2,000,000 aggregate, applying only to RCA powers and duties and in addition to other insurance |
| Extended reporting period | Two years, starting the day the RCA ceases to be insured, fully prepaid as part of the policy premium |
| Basis | Claims first made and reported during the policy or the extended reporting period |
| Start of cover | Date of registration, or expiry of the previous compliant policy |
| Cancellation by insured | Only with immediate replacement and at least 30 days' notice to the director from the insurer |
| Cancellation by insurer | Only for non-payment, with at least 30 days' notice to the director |
| Other | Defence costs outside limits unless one claim exceeds $2,000,000; deductible capped at the lesser of $70,000 and 5% of fees; cover continues on bankruptcy, insolvency, incompetence or death; insurer tells the director promptly if the policy is void for misrepresentation |
Designer and sewage installer items
The listed designer and sewage items set the background: Section 3.1 scope (C 3.1.1.1.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…) covers CBO and inspector qualifications; Section 3.2 (C 3.2.1.1.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.) covers designers under s. 8(2)(c) and 15.11(5); a person in the business of providing design activities to the public registers as a firm unless exempt (C 3.2.4.1.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…), and other designers register individually unless exempt (C 3.2.5.1.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…). Section 3.3 (C 3.3.1.1.OBC Div. C 3.3.1.1. Scope(1) This Section prescribes, for the purposes of subsection 15.12(1) of the Act, the qualifications for persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems., 3.3.3.1.OBC Div. C 3.3.3.1. General(1) Persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems shall have the following qualification: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person is exempt from…) requires registration for sewage system businesses, with an exemption for cleaning and emptying where the person holds an unsuspended environmental approval.
Worked scenarios
Scenario 1. A corporation applies for the Large Buildings class. Its president passed the RCA exam and one engineer employee passed Large Buildings. Two other staff will do inspections but have only the House exam. Clause 3.4.3.2.(1)(c) is not met: everyone doing plans review and inspection needs the matching category.
Scenario 2. An RCA's insurer cancels for non-payment. The director must suspend or revoke under 3.4.3.9., effective immediately.
Scenario 3. An RCA's registration expires June 30. The renewal window opens 60 days before.
Common traps
- Thinking the RCA exam must be passed by every employee. Clause (a) needs one qualified person; clause (c) applies to technical exams for reviewers and inspectors.
- Using design firm limits for RCAs. RCAs need the top tier no matter their fees.
- Thinking a lapse in insurance gives the director a choice. It is mandatory.
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.
- Qualification and registration (3.4.1 to 3.4.3)
The scope article ties Section 3.4 to s. 15.11(4) of the Act.
- Public register and classes (3.4.4, 3.4.5, 3.5.2.2)
Column 3 of the table links each category to the "type of building" in Table 3.5.2.1., which is how 3.7.4.2.(1) decides who may review or inspect what.
- Insurance (3.6)
Every person registered as a design firm under 3.2.4.2. or as an RCA under 3.4.3.2. must have a policy meeting.
- Designer and sewage installer items
The listed designer and sewage items set the background: Section 3.1 scope covers CBO and inspector qualifications; Section 3.2 covers designers under s. 8(2)(c) and 15.11(5); a…
Usual exam traps
- Thinking the RCA exam must be passed by every employee. Clause (a) needs one qualified person; clause (c) applies to technical exams for reviewers and inspectors.
- Using design firm limits for RCAs. RCAs need the top tier no matter their fees.
- Thinking a lapse in insurance gives the director a choice. It is mandatory.
Practice this chapter
Questions on RCA qualifications, classes of registration and insurance, 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.
OBC Div. C 3.4.1.1. Scope
Open OBC Div. C 3.4.1.1. in the code viewer(1)This Section prescribes, for the purposes subsection 15.11(4) of the Act, the qualifications that a person must have in order to be eligible to be appointed as a registered code agency under the Act.
OBC Div. C 3.4.3.1. General
Open OBC Div. C 3.4.3.1. in the code viewer(1)The following are prescribed as qualifications for persons to be appointed under the Act as a registered code agency:
(a)the person must be registered with the director.
(2)A registration shall be in a form established by the director.
OBC Div. C 3.4.3.2. Registration and Renewal of a Registration
Open OBC Div. C 3.4.3.2. in the code viewer(1)Subject to Articles 3.4.3.8. and 3.4.3.9., the director may register an applicant, or renew a registered person's registration, in each class of registration applied for, if,
(a)the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person's knowledge of the Act and this Code and the powers and duties of a registered code agency,
(b)the applicant or registered person or, if the applicant or registered person is a corporation or partnership, one or more directors, officers, partners or employees of the applicant or registered person, have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person's knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.2. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.2. for which application is made,
(c)all persons who will carry out plans review and inspection activities on behalf of the registered person have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person's knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.2. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.2. for which application is made,
(d)the applicant or registered person has in place a quality management plan referred to in Sentence 3.4.3.3.(1) for carrying out the activities of the applicant or registered person under the registration that is acceptable to the director.
(e)the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for,
(f)the application is complete, and
(g)all fees required under Article 3.4.3.5. are paid.
(2)Subject to Articles 3.4.3.8. and 3.4.3.9., a person who, on December 31, 2024, is registered in a class of registration under Sentence 3.4.3.2.(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 3.4.3.7. of Division C of that regulation is deemed to be registered in the class of registration under Sentence 3.4.3.2.(1) of this Code, and for these purposes, the person's registration in the class of registration is deemed to continue until its term expires.
(3)For the purposes of a registration or a renewal of a registration,
(a)a person who, on December 31, 2024, has the qualifications set out in Clause 3.4.3.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.4.3.2.(1)(a) of this Code,
(b)a person who, on December 31, 2024, has the qualifications set out in Clause 3.4.3.2.(1)(b) of Division C of Ontario Regulation 332/12 in a class of registration is deemed to have the qualifications set out in Clause 3.4.3.2.(1)(b) of this Code in the class of registration, and
(c)a person who, on December 31, 2024, has the qualifications set out in Clause 3.4.3.2.(1)(c) of Division C of Ontario Regulation 322/12 in a class of registration is deemed to have the qualifications set out in Clause 3.4.3.2.(1)(c) of this Code in the class of registration.
OBC Div. C 3.4.3.3. Application for Registration or Renewal of a Registration
Open OBC Div. C 3.4.3.3. in the code viewer(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 a quality management plan for carrying out the activities of the applicant or registered person under the registration, including, without limitation,
(a)procedures relating to the commencement of activities as a registered code agency, including procedures to verify that the applicant or registered person is qualified to undertake the activities and to verify that there exists no conflict of interest within the meaning of Sentence 3.7.2.1.(1),
(b)identification of the responsibilities of persons who will carry out plans review and inspection activities of the applicant or registered person and procedures for the supervision of those persons,
(c)procedures for assessing plans and specifications for conformity with this Code, including procedures for the assessment of alternative solutions,
(d)procedures for inspecting the construction of buildings,
(e)procedures for receipt of notices that construction is ready for inspection and of written reports from architects and professional engineers arising out of the general review of the construction of buildings,
(f)procedures for the issuance of certificates and orders under the Act, including the responsibility of the persons with the qualifications set out in Sentences 3.7.4.3.(1) and (2),
(g)procedures for referral of matters to a chief building official under subsection 14(5) of the Act,
(h)procedures for participation of the applicant or registered person in proceedings before the Building Code Commission under section 24 of the Act and before the Superior Court of Justice under section 25 of the Act,
(i)procedures for documenting the activities of the applicant or registered person under the registration, including data control, records retention and the maintenance of security and confidentiality of records, and transferring records to the principal authority,
(j)procedures for training and supervision of personnel, and
(k)procedures for the review and updating of the quality management plan.
(4)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 3.4.3.7.
(5)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.
(6)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 3.4.3.2.(1)(a),
(b)have the qualifications set out in Clause 3.4.3.2.(1)(b) in the class or classes of registration for which the application is made, and
(c)have the qualifications set out in Clause 3.4.3.2.(1)(c) in the class or classes of registration for which the application is made and will exercise powers and perform functions under the Act on behalf of the applicant or registered person in that class of registration.
(7)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 (6) have the qualifications set out in Clause 3.4.3.2.(1)(a), (b) or (c).
(8)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.
OBC Div. C 3.4.3.4. Term
Open OBC Div. C 3.4.3.4. in the code viewer(1)A registration expires one year after the date of its issuance.
OBC Div. C 3.4.3.5. Fees
Open OBC Div. C 3.4.3.5. in the code viewer(1)The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.4.3.2.(1)(a), (b) or (c) is $150.
(2)The fee for a registration is $484, for 2025 and subsequent calendar years.
(3)The fee for the addition of a new class of registration is $82, for 2024 and subsequent calendar years.
(4)The fee for renewal of a registration is $356, for 2025 and subsequent calendar years.
OBC Div. C 3.4.3.7. Conditions
Open OBC Div. C 3.4.3.7. in the code viewer(1)The following are the conditions of a registration:
(a)the registered person shall carry out activities under the registration in accordance with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d),
(b)if the registered person is a corporation or partnership, during the term of the registration there must be,
(i)an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 3.4.3.2.(1)(a), and
(ii)one or more officers, directors, partners or employees of the registered person who have the qualifications set out in Clause 3.4.3.2.(1)(b) in respect of each class of registration that is held by the registered person,
(c)the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 3.6.2..
(d)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 3.4.3.3.(1) and (6),
(e)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 (d), that is contained in or accompanies an application for registration or renewal of a registration,
(f)the registered person shall, from time to time, at the registered person's expense, give to the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and
(g)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.
OBC Div. C 3.4.3.8. Suspension, Revocation, Refusal to Register or Renew a Registration
Open OBC Div. C 3.4.3.8. in the code viewer(1)The director may, in the circumstances set out in Sentence (2),
(a)refuse to register an applicant,
(b)refuse to renew a registration, or
(c)suspend or revoke a registration.
(2)The circumstances referred to in Sentence (1) are,
(a)the registered person is 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 3.4.3.7.(1)(d),
(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 director is of the opinion that there are reasonable grounds for belief that the activities of the applicant or registered person are or will be carried on in a manner that poses a threat to public safety,
(f)the application is incomplete, or
(g)any fees required under Article 3.4.3.5. 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 an 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)A proposal to suspend or revoke a registration by reason of Clause (2)(e) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the proposal to suspend or revoke the registration.
(9)The Tribunal may, on the application of the registered person, stay the operation of the proposal of the director to suspend or revoke the registration, and may grant the stay subject to conditions.
(10)Sentences (3) to (9) 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.
(11)Subject to Sentence (8), if within the time period set out in Sentence 3.4.3.3.(2) a registered person has applied for renewal of a registration, paid the fee required under Article 3.4.3.5. 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 3.4.3.6. Not Transferable
Open OBC Div. C 3.4.3.6. in the code viewer(1)A registration is not transferable.
OBC Div. C 3.4.3.9. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew a Registration
Open OBC Div. C 3.4.3.9. in the code viewer(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 that person until a fine is paid.
(3)If the director refuses to register an applicant, refuses to renew a registration or suspends or revokes a registration under Sentence (1), the director shall serve a notice of the refusal, suspension or revocation, together with the reasons for it, on the 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)The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may make the stay subject to conditions.
(6)A notice under Sentence (3) shall state that the 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.
(7)If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (6), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, 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 such 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.
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.
OBC Div. C Table 3.5.2.2. Classes of Registration and Categories of Qualifications for Registered Code Agencies — Forming Part of Sentence 3.5.2.2.(1)
Open OBC Div. C Table 3.5.2.2. in the code viewerTable 3.5.2.2. — Classes of Registration and Categories of Qualifications for Registered Code Agencies — Forming Part of Sentence 3.5.2.2.(1) Classes of Registration for Registered Code Agencies | Category of Qualification for Persons Described in Clauses 3.4.3.2.(1)(a) to (c) | Type of Building Reference to Table 3.5.2.1. House | House | Column 3 of Item 1 House | Plumbing – House | Column 3 of Item 5 House | HVAC – House | Column 3 of Item 7 House | On-Site Sewage Systems | Column 3 of Item 10 Small Buildings | Small Buildings | Column 3 of Item 2 Small Buildings | Plumbing – All Buildings | Column 3 of Item 6 Small Buildings | Building Services | Column 3 of Item 8 Small Buildings | Building Structural | Column 3 of Item 9 Small Buildings | On-Site Sewage Systems | Column 3 of Item 10 Large Buildings | Large Buildings | Column 3 of Item 3 Large Buildings | Plumbing – All Buildings | Column 3 of Item 6 Large Buildings | Building Services | Column 3 of Item 8 Large Buildings | Building Structural | Column 3 of Item 9 Large Buildings | On-site Sewage Systems | Column 3 of Item 10 Complex Buildings | Complex Buildings | Column 3 of Item 4 Complex Buildings | Plumbing – All Buildings | Column 3 of Item 6 Complex Buildings | Building Services | Column 3 of Item 8 Complex Buildings | Building Structural | Column 3 of Item 9 Complex Buildings | On-Site Sewage Systems | Column 3 of Item 10 On-Site Sewage Systems | On-Site Sewage Systems | Column 3 of Item 10 Column 1 | Column 2 | Column 3
OBC Div. C 3.6.2.3. Insurance Coverage
Open OBC Div. C 3.6.2.3. in the code viewer(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.
OBC Div. C 3.1.1.1. Scope
Open OBC Div. C 3.1.1.1. in the code viewer(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.
OBC Div. C 3.2.1.1. Scope
Open OBC Div. C 3.2.1.1. in the code viewer(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.
OBC Div. C 3.2.4.1. General
Open OBC Div. C 3.2.4.1. in the code viewer(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.
OBC Div. C 3.2.5.1. General
Open OBC Div. C 3.2.5.1. in the code viewer(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.
OBC Div. C 3.3.1.1. Scope
Open OBC Div. C 3.3.1.1. in the code viewer(1)This Section prescribes, for the purposes of subsection 15.12(1) of the Act, the qualifications for persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems.
OBC Div. C 3.3.3.1. General
Open OBC Div. C 3.3.3.1. in the code viewer(1)Persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems shall have the following qualification:
(a)the person must be registered with the director.
(2)A registration shall be in a form established by the director.
(3)A person is exempt from the requirement to comply with the qualification in Sentence (1) in respect of the activities of cleaning and emptying sewage systems if,
(a)the person has been issued,
(i)before October 31, 2011, a certificate of approval under section 39 of the Environmental Protection Act in respect of these activities, or
(ii)on or after October 31, 2011, an environmental compliance approval under the Environmental Protection Act in respect of these activities, and
(b)the certificate of approval or the environmental compliance approval, as applicable, has not been suspended or revoked under that Act.