Division C, Section 3.2 — Qualifications for Designers

(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.

(1) Every person who carries out design activities must have the qualification set out in Sentence 3.2.5.1.(1), if the person is not required to have the qualification set out in Sentence 3.2.4.1.(1).

(1) “Registered” means, (a) in Subsection 3.2.4., registered under Sentence 3.2.4.2.(1), and (b) in Subsection 3.2.5., registered under Sentence 3.2.5.2.(1).

(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.

(1) Subject to Articles 3.2.4.8. and 3.2.4.9., the director may register an applicant, or renew a registration, in each class of registration applied for, if, (a) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made, (b) all other persons engaged by the applicant or registered person who will review and take responsibility for design activities provided to the public by the applicant or registered person for the purposes of Clause 3.2.4.7.(1)(d) have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made, (c) the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for, (d) the application is complete, and (e) all fees required under Article 3.2.4.5. are paid. (2) Subject to Articles 3.2.4.8. and 3.2.4.9. a person who, on December 31, 2024, is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.4.7. of Division C of that regulation is deemed to be registered under Sentence 3.2.4.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires. (3) For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, is registered under Clause 3.2.4.2.(1)(a) or (b), as applicable, of Division C of Ontario Regulation 332/12 (Building Code) made under the Act in a class of registration is deemed to have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b), as applicable, of this Code, in the class of registration.

(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director. (2) An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed. (3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.2.4.7. (4) If a partnership or a corporation is the applicant for registration or renewal of a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be. (5) An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who, (a) have the qualifications set out in Clause 3.2.4.2.(1)(a) in the class or classes of registration for which the application is made, and (b) have the qualifications set out in Clause 3.2.4.2.(1)(b) and will review and take responsibility for the design activities provided to the public by the applicant or registered person in the class or classes of registration for which the application is made. (6) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b). (7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person in such form and in such detail as may be required by the director, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.

(1) A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.

(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.4.2.(1)(a) or (b) is $150. (2) The fee for a registration is $202, for 2025 and subsequent calendar years. (3) The fee for the addition of a new class of registration is $44, for 2024 and subsequent calendar years. (4) The fee for renewal of a registration is $152, for 2025 and subsequent calendar years.

(1) A registration is not transferable.

(1) The following are the conditions of a registration: (a) the registered person shall carry out design activities only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the registered person, (b) if the registered person is a corporation or partnership, there must throughout the term of the registration be an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 3.2.4.2.(1)(a) for each class of registration set out in Column 1 of Table 3.5.2.1. that is held by the registered person, (c) the registered person shall ensure that a person who has the qualifications set out in Clause 3.2.4.2.(1)(a) or (b) in respect of the class of registration set out in Column 1 of Table. 3.5.2.1. to which the design activities relate will review and take responsibility for design activities in each class of registration that are provided to the public by the registered person, (d) the registered person shall ensure that a person described in Clause (c) who reviews and takes responsibility for design activities provided to the public by the registered person shall include the following information on any document submitted to a chief building official or registered code agency in the circumstances set out in subsection 15.11(5) of the Act: (i) the name of the registered person and any registration number issued to the registered person by the director, (ii) a statement that the person has reviewed and taken responsibility for the design activities, (iii) the person’s name and any identifying number issued to the person by the director in respect of the qualifications described in Clause 3.2.4.2.(1)(a) or (b) that the person has, and (iv) the person’s signature, (e) the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 3.6.2., (f) the registered person shall, within 15 days after the event, notify the director in writing of, (i) any change in address of the registered person for correspondence relating to the registration, and (ii) any change in the information set out in Sentences 3.2.4.3.(4) and (5), (g) the registered person shall give prompt written notice to the director of any material change in any of the information, other than the information referred to in Clause (f), that is contained in or accompanies an application for registration or renewal of a registration, (h) the registered person shall, from time to time, at the registered person’s expense, give the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and (i) the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.

(1) The director may, in the circumstances set out in Sentence (2), (a) refuse to register an applicant or to renew a registration, or (b) suspend or revoke a registration. (2) The circumstances referred to in Sentence (1) are, (a) the registered person is in contravention of the Act or this Code, (b) the registered person is in breach of a condition of the registration other than the condition set out in Clause 3.2.4.7.(1)(f), (c) the registration was issued on the basis of mistaken, false or incorrect information, (d) the director is of the opinion that the past conduct of the applicant or registered person or, if the applicant or registered person is a partnership or a corporation, the partners, officers or directors of the applicant or registered person, as the case may be, affords reasonable grounds for belief that the business that would be or is authorized by the registration will not be carried on in accordance with law, (e) the application is incomplete, or (f) any fees required under Article 3.2.4.5. remain unpaid. (3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration under Sentence (1), the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person. (4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing. (5) If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3). (6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director. (7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal. (8) Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director. (9) If, within the time period set out in Sentence 3.2.4.3.(2), the registered person has applied for renewal of a registration, paid the fee required under Article 3.2.4.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 3.6.2. for the term of the renewal of the registration, the registration is deemed to continue until the earliest of, (a) the day the registration is renewed, (b) if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order, and (c) the day when the registered person ceases to be covered by the insurance required under Subsection 3.6.2.

Register or Renew Registration (1) The director shall, in the circumstances set out in Sentence (2), (a) refuse to register an applicant, (b) refuse to renew a registration, or (c) suspend or revoke a registration. (2) The circumstances referred to in Sentence (1) are that, (a) the applicant or registered person is not covered by the insurance required under Subsection 3.6.2., or (b) an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and no registration be issued to the person until a fine is paid. (3) If the director refuses to register an applicant, refuses to renew a registration or suspends or revokes a registration under Sentence (1), the director shall serve a notice of the refusal, suspension or revocation, together with the reasons for it, on the applicant or registered person. (4) A suspension or revocation of a registration under Sentence (1) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the suspension or revocation of the registration. (5) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing. (6) The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may grant the stay subject to conditions. (7) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (5), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, as the case may be, and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director. (8) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(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.(2) 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.

(1) Subject to Article 3.2.5.7., the director may register an applicant, or renew a registration, in each class of registration applied for, if, (a) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made. (b) the application is complete, and (c) all fees required under Article 3.2.5.5. are paid. (2) Subject to Article 3.2.5.7., a person who, on December 31, 2024, is registered under Sentence 3.2.5.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.5.6. of Division C of that regulation is deemed to be registered under Sentence 3.2.5.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires. (3) For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, has the qualifications set out in Clause 3.2.5.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.2.5.2.(1)(a) of this Code.

(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director. (2) An application for renewal of a registration shall be made within 60 days before the expiry of the registration to be renewed. (3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.2.5.6. (4) An application for registration or renewal of a registration shall, (a) set out the applicant’s or registered person’s name, residence address, residential mailing address, if different from the residence address, and email address, if applicable, and (b) contain evidence, provided by the applicant or registered person, that the applicant or registered person has the qualifications set out in Clause 3.2.5.2.(1)(a).

(1) A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.

(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.5.2.(1)(a) is $150. (2) The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.

(1) The following are the conditions of a registration: (a) the registered person shall carry out design activities only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the registered person, (b) the registered person shall, within 15 days after the event, notify the director in writing of any change in the information set out in Clause 3.2.5.3.(4)(a), (c) the registered person shall include the following information on any document respecting design activities that the person has reviewed and taken responsibility for and that is submitted to a chief building official or registered code agency in the circumstances set out in subsection 15.11(5) of the Act: (i) the person’s name and any identifying number assigned to the person by the director in respect of the person’s registration, (ii) a statement that the person has reviewed and taken responsibility for the design activities, and (iii) the person’s signature.

(1) The director may, in the circumstances set out in Sentence (2), (a) refuse to register an applicant or to renew a registration, or (b) suspend or revoke a registration. (2) The circumstances referred to in Sentence (1) are, (a) the registered person is in breach of a condition of the registration, (b) the registration was issued on the basis of mistaken, false or incorrect information, (c) an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid, (d) the application is incomplete, or (e) any fees required under Article 3.2.5.5. remain unpaid. (3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration, the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person. (4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing. (5) If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3). (6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes, the Tribunal may substitute its opinion for that of the director. (7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal. (8) Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director. (9) If, within the time period set out in Sentence 3.2.5.3.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.2.5.5., the registration is deemed to continue until the earlier of, (a) the day the registration is renewed, and (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.

(1) The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by clause 8(2)(c) and subsection 15.11(5) of the Act. (2) The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.4.2.(1): (a) the name of the registered person, (b) any identifying number assigned by the director to the registered person, (c) the business address of the registered person, (d) the classes of registration of the registered person, (e) the names of the person or persons who will review and take responsibility for design activities carried out by the registered person in each class of registration, and (f) any identifying number assigned by the director to the person or persons referred to in Clause (e). (3) The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.5.2.(1): (a) the name of the registered person, (b) any identifying number assigned by the director to the registered person, and (c) the classes of registration of the registered person.

(1) Table 3.5.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section.