Division C, Section 3.7 — Registered Code Agencies

(1) A registered code agency may not be appointed under subsection 4.1(2) of the Act, unless the agreement entered into between a principal authority and the registered code agency complies with the requirements set out in Sentences (2) and (3). (2) An agreement described in Sentence (1) shall, (a) be made in writing, (b) specify the functions that the registered code agency is authorized to perform, (c) specify the construction of the building or class of buildings in respect of which the functions will be performed, (d) set out the procedure by which the principal authority will appoint the registered code agency to perform specified functions in respect of the construction of a building or class of buildings, (e) require that the registered code agency carry out its functions under the agreement in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), and (f) provide for the provision by the principal authority to the registered code agency of such plans, specifications and other information, including applications for permits, that the registered code agency may require in order to act under the appointment. (3) An agreement described in Sentence (1), (a) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence, and (b) shall not contain any provision that relates to the construction of buildings for a class of registration for which the registered code agency is not registered under Sentence 3.4.3.2.(1).

(1) A registered code agency may not be appointed under subsection 4.1(2) of the Act unless the appointment complies with the requirements of Sentences (2) and (3). (2) An appointment described in Sentence (1) shall, (a) be made in writing, (b) specify the construction of the building or class of buildings in respect of which the appointment relates, (c) specify the functions described in section 15.15 of the Act that the registered code agency is appointed to perform, and (d) require that the registered code agency carry out its functions under the appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d). (3) An appointment described in Sentence (1) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence.

(1) A registered code agency may not be appointed to perform functions under section 15.15 of the Act in respect of a building or continue to act under an appointment in respect of a building if the registered code agency, (a) is not registered under Sentence 3.4.3.2.(1) in respect of the class of registration to which the construction of the building relates, or (b) is in breach of a condition of its registration under Article 3.4.3.7. (2) Where the design and general review of construction of a building must be undertaken by an architect or a professional engineer or a combination of both, a registered code agency may not be appointed to perform functions under section 15.15 of the Act or continue to act under an appointment in respect of the construction of the building unless the registered code agency or an officer, director, partner or employee of the registered code agency is an architect or professional engineer or both, as the case may be. (3) A registered code agency may not be appointed under the Act or continue to act under an appointment if the registered code agency would be in a conflict of interest. (4) For the purposes of Sentence (3), a registered code agency would be in a conflict of interest if the registered code agency or an officer, director, partner or employee of the registered code agency or any person engaged by the registered code agency to perform functions for it, (a) has participated or participates, in any capacity, in design activities or construction relating to any part of the building to which an appointment relates, (b) is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the building, (c) has a professional or financial interest in, (i) the construction of the building to which the appointment relates, (ii) the building to which the appointment relates, or (iii) the person responsible for the design of the building to which the appointment relates, or (d) is an elected official, officer or employee of a principal authority. (5) For the purposes of Clause (4)(c), involvement with a building as a registered code agency and entitlement to any fee paid for acting as a registered code agency in respect of a building shall not be considered to be a professional or financial interest in the construction of the building, the building or the person responsible for the design of the building.

(1) In addition to the functions described in paragraphs 1 to 5 of section 15.15 of the Act, a registered code agency may be appointed to perform the functions set out in Sentence 3.7.4.3.(5) or (6).

(1) The registered code agency shall perform the functions specified in an appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d). (2) The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in MMAH Supplementary Standard SC-1, “Code of Conduct for Registered Code Agencies”.

(1) The registered code agency shall ensure that plans review and inspection activities of the registered code agency are carried out by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c) in respect of the type of building set out in Column 3 of Table 3.5.2.2. for which the person is carrying out the activities. (2) A registered code agency shall prepare written records of every inspection of the construction of a building that is undertaken by the registered code agency in the course of performing functions under an appointment. (3) The record required under Sentence (2) shall include, (a) the date of receipt of the notice of readiness for inspection, if any, (b) the date of the inspection, (c) the reason for the inspection, and (d) whether non-compliance with this Code was observed in the course of the inspection and the details of the non- compliance. (4) If a registered code agency has issued an order under subsection 12(2), 13(1) or 13(6) of the Act, the registered code agency shall prepare a written record consisting of, (a) a copy of the order, (b) the persons on whom the order was served and the date and manner of service, (c) when and how the order was complied with, and (d) if the order has not been complied with, the efforts made by the registered code agency to achieve compliance by the persons responsible for compliance.

(1) Subject to Sentence (2), every certificate issued under the Act by a registered code agency shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause 3.4.3.2.(1)(a). (2) If the certificate is issued in respect of the construction of a building that would be required to be designed by and under the general review of an architect or a professional engineer or a combination of both, the certificate shall also be signed on behalf of the registered code agency by an architect or a professional engineer or both, as the case may be, who is an officer, director, partner or employee of the registered code agency. (3) A registered code agency may issue a plans review certificate if the registered code agency, (a) has been appointed to perform the functions described in clause 4.1(4)(a) or (c) of the Act in respect of the proposed construction of the building to which the plans review certificate applies, (b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and (c) is satisfied on reasonable grounds that, on date on which the plans review certificate is issued, the proposed construction of the building to which the plans review certificate relates is in compliance with this Code. (4) A registered code agency may issue a change certificate if the registered code agency, (a) has been appointed to perform the functions described in clause 4.1(4 (a), (b) or (c) of the Act in respect of the construction or proposed construction of the building to which the change certificate applies, (b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d) , carried out the applicable functions for which the registered code agency was appointed, and (c) is satisfied on reasonable grounds that, on the date on which the change certificate is issued, the proposed construction of the building to which the change certificate relates is in compliance with this Code. (5) A registered code agency may issue a certificate for the occupancy of a building not fully completed if the registered code agency, (a) has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of the building to which the certificate for the occupancy of a building not fully completed applies, (b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and (c) is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building not fully completed is issued, the construction of the building to which the certificate for the occupancy of a building not fully completed relates is in compliance with Clauses 1.3.3.1.(3)(a) to (q) or 1.3.3.7.(8)(a) to (y), as applicable. (6) A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C if the registered code agency, (a) has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence 1.3.3.4.(3) to which the certificate applies, (b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and (c) is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C is issued, the construction of the building to which the certificate relates is in compliance with Clauses 1.3.3.4.(4)(a) to (i). (7) A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.5.(1) of Division C if the registered code agency, (a) has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence 1.3.3.5.(1) to which the certificate applies, (b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and (c) is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building described in Sentence 1.3.3.5.(1) of Division C is issued, the construction of the building to which the certificate relates is in compliance with Clauses 1.3.3.5.(3)(a) to (r). (8) A registered code agency may issue a final certificate if the registered code agency, (a) has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of the building to which the final certificate applies, (b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and (c) is satisfied on reasonable grounds that on the date on which the final certificate is issued, the construction of the building to which the final certificate relates is in compliance with this Code. (9) Every certificate issued under the Act by a registered code agency shall be in a form approved by the Minister.

(1) Orders under subsections 13(6) and 14(1) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or a person who has the qualifications set out in Clause 3.4.3.2.(1)(a). (2) Orders under subsections 12(2) and 13(1) and clause 18(1)(f) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c).

(1) Persons who have the qualifications set out in Clause 3.4.3.2.(1)(a), (b) or (c) are prescribed for the purposes of subsection 15.17(1) of the Act. (2) The certificate of authorization referred to in subsection 15.17(2) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by a representative of the registered code agency who has the qualifications set out in Clause 3.4.3.2.(1)(a) and shall contain the following information: (a) the name of the registered code agency and any identifying number issued by the director to the registered code agency, (b) the title, business address and business telephone number of a representative of the registered code agency who may be contacted to answer questions about the certificate and the authorization to which it relates, (c) the name of the authorized person and any identifying number issued by the director to the authorized person in respect of that person’s qualifications, (d) the scope of the powers that may be exercised and the functions that may be performed by the authorized person, (e) the date of issuance of the certificate. (3) Every person described in Sentence (1) shall carry his or her certificate of authorization when performing duties and shall produce the certificate for inspection upon request.

(1) A registered code agency shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that, (a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the director that the registered code agency or any other person has contravened or intends to contravene a provision of the Act or this Code or a predecessor of this Code, (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of the Act or this Code or a predecessor of this Code, (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of the Act or this Code or a predecessor of this Code not be contravened, or (d) the registered code agency believes that the employee will do anything referred to in Clause (a), (b) or (c). (2) Nothing in this Section impairs any right of an employee either at law or under an employment contract or collective agreement. (3) In this Article, “employee” includes an independent contractor and “employer” includes the person who retains an employee who is an independent contractor.

(1) The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d). (2) Any information collected by a registered code agency in the course of the exercise of powers and the performance of duties under the Act may be used only for the purpose of performing functions under an appointment under subsection 4.1(2) of the Act and may be disclosed only, (a) to a principal authority pursuant to an agreement under subsection 4.1(1) of the Act, (b) to a principal authority to aid the enforcement in any manner of the Act, or (c) where required or permitted under the Act, this Code, other applicable legislation or an order of a court. (3) A registered code agency shall ensure that any agreement under which the registered code agency engages a person to assist the registered code agency to perform functions under an appointment includes a provision that requires the person to comply with Sentences (1) and (2).

(1) A principal authority may, in accordance with the terms of an agreement under subsection 4.1(1) of the Act, terminate the appointment of a registered code agency before the appointment expires under section 15.19 of the Act.

(1) If a principal authority that has appointed a registered code agency terminates the appointment before the appointment expires under section 15.19 of the Act, the principal authority shall, as soon as possible after the termination, give the director notice of the termination and such other information concerning the circumstances of the termination and as may be required by the director. (2) If a chief building official has issued an order under subsection 15.21(1) of the Act, the principal authority shall as soon as possible after the order is issued give the director a copy of the order and such other information concerning the circumstances of the order and as may be required by the director.

(1) A registered code agency that becomes or expects to become unable to carry out the functions for which the registered code agency was appointed shall as soon as possible give notice to the director of this situation.

Building Official (1) A registered code agency shall notify the chief building official if the registered code agency becomes or expects to become unable to carry out the functions for which the registered code agency was appointed. (2) A registered code agency shall give copies of the following records to the chief building official, (a) all orders issued by the registered code agency under subsections 12(2), 13(1) and 13(6) of the Act, (b) all written records prepared by the registered code agency under Sentences 3.7.4.2.(3), (4) and (5), (c) all final certificates that are issued by the registered code agency, (d) records described in Section 2.1. relating to the use of an alternative solution, and (e) any records of information, copies of documents or things, tests, samples or photographs produced, removed, required, taken or ordered to be taken under subsection 18(1) of the Act. (3) The documents referred to in Sentence (2) shall be given to the chief building official, (a) within the time period specified in any agreement under Article 3.7.1.1. or appointment under Article 3.7.1.2. in respect of which the documents relate, whichever time period ends earlier, (b) within 15 days after the expiry or termination of the appointment of the registered code agency in respect of which the documents relate, if there is no time period specified in the agreement or appointment referred to in Clause (a), or (c) if the chief building official has given notice to the registered code agency that he or she requires the documents before the time set out in Clause (a) or (b), within 2 days after the request for documents. (4) The requirements of Sentence (2) apply even if the registered code agency is no longer registered under Sentence 3.4.3.2.(1). (5) If a registered code agency in the course of carrying out functions under an appointment has reason to believe that a building described in Sentence (7) is unsafe within the meaning of subsection 15.9(2) or (3) of the Act, the registered code agency shall as soon as possible give notice to the chief building official of, (a) the location of the building, and (b) the reason why the registered code agency has reason to believe that the building is unsafe. (6) A registered code agency that has given a notice to the chief building official under Sentence (5) shall give the chief building official such other information about the unsafe condition as the chief building official may require. (7) Sentence (5) applies to, (a) a building in respect of which the registered code agency has been appointed to perform functions, and (b) a building that has been adversely affected by the construction of a building referred to in Clause (a). (8) For the purposes of Sentence (3), a time period referred to in Clause (3)(a), (b) or (c), (a) does not start until the day after the day on which the obligation to provide the documents arises, and (b) does not include Saturdays, holidays and all other days on which the offices of the principal authority are not open for the transaction of business with the public.

(1) A registered code agency shall refer a matter under subsection 14(5) of the Act to the chief building official by giving the chief building official, as soon as possible, (a) a report that contains the following information: (i) a copy of the order made under section 12 or 13 of the Act that was not complied with and of the order under section 14 of the Act, (ii) the persons on whom the orders were served and the date and manner of service, (iii) a statement that the orders have not been complied with, and (iv) the efforts made by the registered code agency to achieve compliance with the orders by the persons responsible for compliance, and (b) such other information as the chief building official may require in respect of the matter that has been referred. (2) The report under Clause (1)(a) shall be signed, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), by the registered code agency or, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).