Bill 61 2013

An Act to amend the Technical Standards and Safety Act, 2000

Note: This Act amends the Technical Standards and Safety Act, 2000.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Clauses 3.18 (1) (b) and (c) of the Technical Standards and Safety Act, 2000 are repealed.

   (2)  Subsection 3.18 (2) of the Act is repealed.

   2.  The Act is amended by adding the following section:

Fees, etc.

   3.18.1  (1)  The Corporation may,

  (a)  set and collect fees, costs and other charges related to its administration of this Act and the regulations, if it does so in accordance with the processes and criteria that it establishes and that the Minister has approved; and

  (b)  make rules governing the payment of the fees, costs and charges described in clause (a).

Same

   (2)  In setting the fees, costs and charges described in clause (1) (a), the Corporation may specify their amounts or the method for determining these amounts.

Restrictions re inspection fees in effect on April 30, 2013

   (3)  The following restrictions apply with respect to fees for inspections that are in effect on April 30, 2013:

    1.  If the fee for an inspection was determined on an hourly basis, the maximum fee for the inspection is the lesser of the following amounts:

            i.  The hourly rate that was in effect on April 30, 2013, as adjusted for inflation in accordance with the regulations on January 1 each year, beginning on January 1 of the first year immediately after the year in which the Technical Standards and Safety Amendment Act, 2013 received Royal Assent.

           ii.  Twice the median hourly rate for a professional who is qualified to perform the inspection in Ontario, as determined in accordance with the regulations.

    2.  If the fee for an inspection was set at a flat rate, the maximum fee for the inspection is the amount of the flat rate that was in effect on April 30, 2013, as adjusted for inflation in accordance with the regulations on January 1 each year, beginning on January 1 of the first year immediately after the year in which the Technical Standards and Safety Amendment Act, 2013 received Royal Assent.

Same, fees that become effective after April 30, 2013

   (4)  The following restrictions apply with respect to fees for inspections that become effective after April 30, 2013:

    1.  If the fee for an inspection is determined on an hourly basis, the maximum fee for the inspection is the lesser of the following amounts:

            i.  The hourly rate that was in effect on the day the fee became effective, as adjusted for inflation in accordance with the regulations on January 1 each year, beginning on January 1 of the first year immediately after the fee became effective. 

           ii.  Twice the median hourly rate for a professional who is qualified to perform the inspection in Ontario, as determined in accordance with the regulations.

    2.  If the fee for an inspection is set at a flat rate, the maximum fee for the inspection is the amount of the fee that was in effect on the day it became effective, as adjusted for inflation in accordance with the regulations on January 1 each year, beginning on January 1 of the first year immediately after the year in which the fee became effective.

Regulations

   (5)  The Minister may make regulations,

  (a)  providing for the determination of the adjustment for inflation referred to in subsections (3) and (4);

  (b)  providing for the determination of the median hourly rate for professionals qualified to perform inspections under this Act.

   3.  The Act is amended by adding the following section before the heading "Authorizations":

Restriction re inspectors' authority

   5.1  (1)  An inspector is not permitted to conduct an inspection under this Act unless the inspector has held an authorization under this Act for a minimum of two years.

Application of subs. (1)

   (2)  This restriction set out in subsection (1) has effect on and after the day that is two years after the day the Technical Standards and Safety Amendment Act, 2013 received Royal Assent.

   4.  The Act is amended by adding the following section:

Self-Inspection Program

Self-inspection program

   16.1  (1)  The Minister shall by regulation establish a self-inspection program for authorization holders.

Application for enrolment

   (2)  An authorization holder may apply for enrolment in the self-inspection program in accordance with the requirements established by the Minister.

Enrolment

   (3)  The Minister shall enrol an applicant in the self-inspection program if the Minister is satisfied that applicant satisfies the prescribed criteria.  The Minister may impose conditions and restrictions relating to the enrolment.

Duty to inspect, etc.

   (4)  An authorization holder that is enrolled in the self-inspection program shall conduct inspections in accordance with the program requirements and shall submit such reports and comply with such other requirements as may be specified under the program.

Regulations

   (5)  The Minister may make regulations governing the program, including,

  (a)  prescribing the criteria that an authorization holder must meet to be enrolled in the program;

  (b)  prescribing the things, parts of things or classes of things that may be inspected by an authorization holder and prescribing the circumstances for when those things, parts of things or classes of things may be so inspected;

   (c)  prescribing the procedures that an authorization holder must follow while performing an inspection;

  (d)  prescribing record keeping and reporting requirements that apply to authorization holders enrolled in the program;  

  (e)  providing for inspectors to perform audits of records and to perform spot inspections;

    (f)  governing the term, renewal, transfer, suspension and cancellation of an authorization holder's enrolment in the program.

   5.  The Act is amended by adding the following sections:

Public access to guidelines, etc., for initial and periodic inspections

   17.1  The Corporation shall make available on its website any guideline or checklist that an inspector uses to conduct any initial or periodic inspection required under the regulations.

Duty to provide guidelines, etc., for other inspections

   17.2  (1)  The Corporation shall give an authorization holder the guideline or checklist that will be used for the purpose of any inspection other than an initial or periodic inspection.

Same

   (2)  The guideline or checklist must be given to the authorization holder as soon as practicable in the circumstances and in no case later than 10 days before the inspection, unless this requirement is waived in writing by the authorization holder.

   6.  Section 36 of the Act is amended by adding the following subsections:

Code or standard ceases to exist

   (2.1)  If all or part of a code or standard that is adopted by reference ceases to exist, that code or standard, or part of it, is deemed to continue to exist in respect of a thing to which the code or standard, or part of it, applied at the time it ceased to exist.

Code or standard no longer deemed to exist

   (2.2)  A code or standard, or part of it, that is deemed to exist under subsection (2.1) is no longer deemed to exist in respect of a thing if any of the following occur:

    1.  The code or standard, or part of it, that ceased to exist is replaced by a new code or standard, or part of it.

    2.  The Minister makes a regulation under subsection (2.3) providing that the code or standard, or part of it, is no longer deemed to exist in respect of the thing.

    3.  A director issues a written order stating that the continued existence of the code or standard, or part of it, in respect of the thing would detrimentally affect the safe use of the thing or the health or safety of any person.

Same, regulations

   (2.3)  The Minister may make regulations providing that a code or standard, or a part of it, that is deemed to exist under subsection (2.1) is no longer deemed to exist in respect of things or parts of things or classes of things.

Disclosure

   (2.4)  An order under paragraph 3 of subsection (2.2) is public information and shall be disclosed by a director to the public on request.

   7.  The Act is amended by adding the following section before the heading "Miscellaneous":

Application for temporary codes, etc., variances

   36.1  (1)  A person may apply to the Corporation requesting that a director do any of the following:

    1.  Authorize under clause 36 (3) (a) the use of codes, standards, guidelines or procedures or changes to codes, standards, guidelines and procedures necessary to accommodate new developments or technological advances.

    2.  Allow under clause 36 (3) (c) a variance from any regulation or Minister's order made under this Act.

Content of application

   (2)  The application must include the prescribed information and any of the following information, as applicable:

    1.  A description of how a code, standard, guideline or procedure that is adopted by reference under clause 36 (1) (a),

            i.  does not allow for the safe and proper operation or use of a product, service or thing, or

           ii.  is unsuitable for evaluating the product, service or thing.

    2.  A description of how a code, standard, guideline or procedure that is not adopted by reference under clause 36 (1) (a),

            i.  would allow for the safe and proper operation or use of a product, service or thing, or

           ii.  would be suitable for evaluating the product, service or thing.

Appointment of panel

   (3)  The Corporation shall appoint a panel composed of three members who have the qualifications and who satisfy the criteria prescribed by the regulations.

Hearings

   (4)  All hearings held by the panel shall be open to the public and the panel shall allow the applicant and other interested parties to make submissions.

Panel to make report

   (5)  Within 30 days after the Corporation receives the application, the panel must submit a report to the Corporation that includes written reasons for recommending whether or not a director should take the actions requested in the application.

Response by Corporation

   (6)  Within 15 days after receiving the panel's report, the Corporation shall provide a written response that describes whether or not it will implement the panel's recommendations.

Report and response to be publicly available

   (7)  The Corporation shall make the panel's report and the Corporation's response available on the Corporation's website as soon as possible after they become available.

Regulations

   (8)  The Minister may make regulations,

  (a)  prescribing the form of application for the purposes of this section;

  (b)  prescribing information for the purposes of subsection (2);

   (c)  governing the conduct of hearings under this section and prescribing procedures for them;

  (d)  prescribing qualifications and criteria for the purposes of subsection (3).

Commencement

   8.  This Act comes into force on the day it receives Royal Assent.

Short title

   9.  The short title of this Act is the Technical Standards and Safety Amendment Act, 2013.

 

EXPLANATORY NOTE

The Bill amends the Technical Standards and Safety Act, 2000 as follows.

Currently, section 3.18 of the Act permits the Technical Standards and Safety Authority (the "Corporation") to set and collect fees, costs and other charges and to make rules governing the payment of those fees, costs and other charges.  In the Bill, that authority is re-enacted as section 3.18.1 of the Act.  Subsections 3.18.1 (3) and (4) of the Act establish restrictions relating to inspection fees that are in effect on April 30, 2013 and relating to new fees that come into effect after that day.

New section 5.1 of the Act provides that an inspector is not permitted to conduct an inspection under the Act unless the inspector has held an authorization under the Act for a minimum of two years.  This restriction applies beginning two years after the Bill receives Royal Assent.

New section 16.1 of the Act requires the Minister to establish a self-inspection program for authorization holders.  An authorization holder is permitted to apply for enrolment in the program and the Minister must enrol the applicant if the Minister is satisfied that the applicant satisfies the prescribed criteria.  The Minister may impose conditions and restrictions relating to the enrolment.  The Minister has the power to make various regulations governing the program, including prescribing procedures that authorization holders must follow while performing inspections, prescribing record keeping and reporting requirements, and providing for inspectors to audit records and perform spot inspections.

New section 17.1 of the Act requires the Corporation to make available on its website any guideline or checklist that an inspector uses to conduct initial or periodic inspections.  New section 17.2 of the Act requires the Corporation to give authorization holders the guideline or checklist that will be used for the purpose of any inspection other than initial or periodic inspections. 

Subsection 36 (1) of the Act currently enables the Minister to make regulations adopting by reference any code, standard, guideline or procedure governing the matters set out in section 2.  New subsections 36 (2.1) and (2.2) of the Act provide that if any part of a code or standard ceases to exist, it is deemed to continue to exist until any of the following occur: it is replaced by a new code or standard, the Minister makes a regulation providing that it is no longer deemed to exist, or a director issues a written order stating that its continued existence would detrimentally affect the safe use of a particular thing or the health and safety of any person.

Under new section 36.1 of the Act, a person may apply to the Corporation to request that a director do any of the following:

    1.   Authorize the use of codes, standards, guidelines or procedures or changes to codes, standards, guidelines and procedures necessary to accommodate new developments or technological advances.

    2.   Allow a variance from any regulation or Minister's order made under the Act.

The section sets out what must be included in the application.  The Corporation must appoint a three-member panel and the panel's hearings must be open to the public.  Within 30 days after the Corporation receives the application, the panel must prepare a report that recommends whether or not a director should take the actions requested in the application.  The Corporation must respond to the report within 15 days.  The Corporation must post on its website the panel's report and the Corporation's response.