EXPLANATORY NOTE

The Bill amends the law with respect to elevators.

First, a person who applies for a permit to construct a building with seven or more stories must show that building will have enough elevator capacity.

Second, elevator maintenance contracts are subject to the protections under the Consumer Protection Act, 2002.

Third, an elevator that breaks down must be repaired within 14 days for most buildings, seven days for long-term care homes and retirement homes, unless the regulations provide otherwise.

Bill 109 2017

An Act to amend the Building Code Act, 1992 and the Consumer Protection Act, 2002 in respect of elevators and elevating device mechanics

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

Building Code Act, 1992

1 The Building Code Act, 1992 is amended by adding the following section:

Standards Set Out in this Act

Elevator traffic capacity

15.8.1  Except if the building code provides otherwise, no permit shall be issued to construct a building with seven or more stories unless an elevator traffic analysis conducted in accordance with industry standards shows that the building has a reasonable elevator traffic capacity.

Consumer Protection Act, 2002

2 (1)  The definition of "consumer" in section 1 of the Consumer Protection Act, 2002 is repealed and the following substituted:

"consumer" means,

  (a)  an individual acting for personal, family or household purposes and does not include a person who is acting for business purposes. or

  (b)  a person who is the customer of an agreement with a contractor for the maintenance of an elevator, including a person who is acting for business purposes; ("consommateur")

(2)  The Act is amended by adding the following Part:

Part V.1
Repairs to Elevators

Timely repair of elevators

54.1  (1)  The contractor responsible for maintaining an elevator that becomes unavailable for use because it needs repair shall ensure that the elevator is repaired,

  (a)  in accordance with the regulations governing the timely repair of elevators by contractors; or

  (b)  if those regulations have not been made,

           (i)  14 days after the day the contractor first learns of the problem, or

          (ii)  seven days after the day the contractor first learns of the problem, if the elevator is in a long-term care home as defined in subsection 2 (1) of the Long-Term Care Homes Act, 2007 or is in a retirement home as defined in subsection 2 (1) of the Retirement Homes Act, 2010.

The day the contractor first learns of the problem

(2)  For the purposes of this section, the day the contractor first learns of the problem is the earlier of the day that the contractor first,

  (a)  is informed that the elevator is unavailable for use; or

  (b)  discovers an issue that a reasonable contractor would respond to by taking steps to make the elevator unavailable for use until it can be repaired.

(3)  Section 123 of the Act is amended by adding the following subsection:

Lieutenant Governor in Council regulations: Part V.1

(6.1)  The Lieutenant Governor in Council may make regulations governing the timely repair of elevators by contractors for the purpose of section 54.1.

Commencement

3 (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

(2)  Section 2 comes into force one year after the day this Act receives Royal Assent.

Short title

4 The short title of this Act is the Reliable Elevators Act, 2017.