Division C, Section 3.4 — Qualifications for Registered Code Agencies

(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.

(1) In this Section, “registered” means registered under Sentence 3.4.3.2.(1).

(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.

(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.(3) 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.

(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.(4), (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.

(1) A registration expires one year after the date of its issuance.

(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.

(1) A registration is not transferable.

(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.(5) 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.

(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.

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 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.

(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.

(1) Table 3.5.2.2. contains the classes of registration and categories of qualifications for the purposes of this Section.