B-1.1, r. 1 - Regulation respecting the application of the Building Act

Updated to 1 September 2012

This document has official status.

chapter B-1.1, r. 1

Regulation respecting the application of the Building Act

Building Act

(chapter B-1.1, ss. 4.1 and 182).

O.C. 375-95; O.C. 954-2000, s. 1.

DIVISION I EXEMPTION FROM THE APPLICATION OF CHAPTER IV OF THE BUILDING ACT

O.C. 954-2000, s. 2.

1. An owner-builder is exempt from the application of Chapter IV of the Building Act (chapter B-1.1)

(1)  where the planned construction work involves only the renovation, repair or maintenance of his property and is estimated at less than $20,000;

(2)  where the planned construction work corresponds to the categories or subcategories of construction work that he is permitted to carry out or cause to be carried out as the holder of a building contractor’s licence; and

(3)  where the planned construction work is carried out by a contractor who holds a specialized contractor’s licence including the licence subclasses required for that work and listed in Schedule II to the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9);

(4)  for construction work on the electrical installation of an electrical station or a branch used for generating, transmitting, transforming or distributing electric power by a public electricity distribution undertaking and that is carried out by employees of the said undertaking.

Notwithstanding subparagraph 1 of the first paragraph, an owner-builder is subject to Chapter IV of the Act in the case of work carried out on an electrical installation, an installation designed to use or distribute gas or a petroleum equipment installation.

O.C. 375-95, s. 1; O.C. 962-2002, s. 1; O.C. 222-2007, s. 1; O.C. 315-2008, s. 2.

1.1. Subject to section 49 of the Act, a contractor and an owner-builder are exempt from the application of Chapter IV of the Act as regards the requirement to hold a “1.8 petroleum equipment installation contractor” licence listed in Schedule I of the Regulation respecting the professional qualification of building contractors and owner-builders (chapter B-1.1, r. 9) where

(1)  the planned construction work involves the installation of an aboveground tank outside the building, if the tank is not connected by piping to an apparatus designed to use, dispense or transfer a petroleum product or to another tank, and the tank’s capacity is

(a)  less than 2,500 litres for a tank that is to contain gasoline, fuel ethanol or aviation fuel; or

(b)  less than 5,000 litres for a tank that is to contain diesel fuel, biodiesel fuel or fuel oil;

(2)  the planned construction work involves the installation or removal of an aboveground petroleum equipment installation outside a building when the installation was manufactured and a tank was connected by piping, during the manufacturing, to an apparatus designed to use, dispense or transfer a petroleum product, and the tank’s capacity is

(a)  less than 2,500 litres for a tank that is to contain gasoline, fuel ethanol or aviation fuel; or

(b)  less than 5,000 litres for a tank that is to contain diesel fuel, biodiesel fuel or fuel oil; or

(3)  the planned construction work involves the installation, maintenance, repair or alteration of an apparatus that is part of a petroleum equipment installation.

O.C. 222-2007, s. 2; O.C. 315-2008, s. 3.

2. An owner-builder is exempt from the application of the following provisions of Chapter IV of the Act:

(1)  subparagraph 1 of the first paragraph of section 58 as regards proof of knowledge or experience relevant to managing a building undertaking and section 52 to the extent that that provision renders that condition applicable, but only with respect to the examination of knowledge in administration under section 21 of the Regulation respecting the professional qualification of building contractors and owner-builders (chapter B-1.1, r. 9).

A specialized owner-builder is also exempt from the examination of knowledge in project and site management under section 23 of that Regulation;

(2)  section 52 to the extent that that provision renders applicable the conditions prescribed by subparagraph 5 of the first paragraph of section 58;

(3)  subparagraphs 2 and 5 of the first paragraph of section 58;

(4)  the first paragraph of section 59;

(5)  subparagraph 1 of the first paragraph of section 60;

(6)  subparagraphs 1 and 2 of the first paragraph of section 61;

(7)  subparagraphs 5 and 6 of the first paragraph of section 70; and

(8)  paragraphs 1, 3 and 4 of section 71.

O.C. 375-95, s. 2; O.C. 315-2008, s. 4; O.C. 456-2010, s. 1.

3. A local municipality, regional county municipality or metropolitan community that carries out construction work on a highway, street or road is exempt from the application of Chapter IV of the Act.

For the purposes of this section, a highway, street or road includes its infrastructure and all the works and installations useful for its construction and management.

O.C. 375-95, s. 3; O.C. 315-2008, s. 5.

3.1. A contractor domiciled in Ontario is exempt from the application of paragraph 1 of section 58 of the Act and from the provisions pertaining to the examination of skills in the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9) where he establishes, to the satisfaction of the Board that

(1)  he has been registered for at least 3 years with Tarion, a corporation designated for the application of the Ontario New Home Warranties Plan Act (R.S.O. 1990, c. O-31);

(2)  in the case of a legal person, it has been registered for at least 5 years as a building contractor within the Companies and Personal Property Security Branch of the Ministry of Government Services of Ontario; or

(3)  in the case of a sole proprietorship or of a general or limited partnership, the name of the construction firm has been registered for at least 5 years with the Companies and Personal Property Security Branch of the Ministry of Government Services of Ontario.

The exemption referred to in the first paragraph is valid only for the categories or subcategories of licences corresponding to the fields for which the contractor is registered and for as long as he meets one of the conditions provided for in subparagraphs 1 to 3 of the first paragraph.

O.C. 6-97, s. 1; O.C. 676-2006, s. 1; O.C. 315-2008, s. 6.

3.1.0.1. Subject to the second and third paragraphs, a contractor domiciled in New Brunswick is exempt from the application of subparagraph 1 of the first paragraph of section 58 of the Act and from the provisions pertaining to the examination of skills in the Regulation respecting the professional qualification of contractors and owner-builders (O.C. 314-2008, 2008-04-02), where the contractor establishes that he or she has been registered for at least 5 years with the New Brunswick Workplace Health, Safety and Compensation Commission, by means of written confirmation issued by the Commission.

For the issue of a licence in subclass “15.5 Contractor - plumbing” or “16. Contractor - electrical” in Schedule II to that Regulation, the contractor must also have been the holder, for at least 5 years, of a Plumbing Contractor’s Licence or an Electrical Contractors Licence Group 3, as the case may be, issued by the New Brunswick Department of Public Safety.

For the issue of a licence in subclass “15.1 Contractor - warm air heating systems”, “15.2 Contractor - natural gas burners”, “15.3 Contractor - oil burners” or “15.4 Contractor - hot water and steam heating systems” in Schedule II to that Regulation, the contractor must, for at least 5 years, have carried out or caused to be carried out construction work included in the licence subclass under which the contractor intends to carry out construction work or have it carried out in Québec.

The exemption referred to in this section is valid only for the licence classes or subclasses corresponding to the fields for which the contractor is registered and for as long as he or she meets any condition required by this section for the exemption.

O.C. 143-2009, s. 1.

3.1.1. Notwithstanding the first and second paragraphs of section 56 of the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9), the Board shall reimburse to a contractor domiciled in Ontario or New Brunswick whose tender is rejected the fees and charges paid under section 53 of the Regulation upon receipt, within 15 days following receipt of the notification of the rejection of his tender, of a document requesting the termination of his licence, attesting to the unsuccessful tender and to the fact that no construction work in Québec has been performed under that licence.

The reimbursement shall be made within 15 days following receipt of the documents referred to in the first paragraph.

This section applies, in respect of a contractor domiciled in Ontario, only if the particular terms and conditions that it provides for are also included in an agreement between the Government of Ontario and the Gouvernement du Québec in respect of mobility or the recognition of qualifications, skills or work experience of building contractors or, in respect of a contractor domiciled in New Brunswick, only if the government of that province is a party to an agreement on such matters with the Gouvernement du Québec.

O.C. 1464-99, s. 1; O.C. 557-2000, s. 1; O.C. 315-2008, s. 7; O.C. 143-2009, s. 2.

3.2. A contractor domiciled in Newfoundland or in the area of Labrador that is part of Newfoundland is exempt from the application of paragraph 1 of section 58 of the Act and from the provisions pertaining to the examination of skills in the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9), where it is established, to the satisfaction of the Board, that

(1)  in the case of a legal person, it has been registered for at least 5 years as a building contractor with the Commercial and Corporate Affairs Branch of the Department of Government Services and Lands of Newfoundland; or

(2)  in the case of a sole proprietorship or of a general or limited partnership, the name of the construction firm has been registered for at least 5 years with the Workplace, Health, Safety and Compension Commission of Newfoundland.

The exemption referred to in the first paragraph is valid only for the categories or subcategories of licences corresponding to the fields for which the contractor is registered and for as long as he meets one of the conditions provided for in subparagraphs 1 and 2 of the first paragraph.

O.C. 758-98, s. 1; O.C. 315-2008, s. 8.

3.2.1. A building contractor who is a member of the Corporation des maîtres électriciens du Québec or of the Corporation des maîtres mécaniciens en tuyauterie du Québec and any contractor domiciled outside Québec shall be exempted from the application of section 57.1 of the Act.

O.C. 191-2001, s. 1.

3.2.2. A contractor who, on request by an administrator authorized by the Board to administer an approved guaranty plan, carries out completion or correction work, is exempt from the requirement to hold licence subclass 1.1.1 or 1.1.2 if the contractor holds the licence subclass required to carry out such work respecting a building not covered by a guaranty plan.

O.C. 315-2008, s. 9.

3.2.3. A trustee in bankruptcy or a liquidator is exempt from the requirement to hold a licence if the trustee or liquidator has the construction work of a bankrupt contractor or owner-builder completed by a contractor who holds the appropriate licence.

O.C. 315-2008, s. 9.

3.2.4. A natural person applying for a building contractor licence for himself or herself or on behalf of a partnership or legal person is exempt, for the licence subclasses in Schedule III to the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9), from the application of subparagraph 1 of the first paragraph of section 58 of the Act as regards proof of knowledge or relevant experience in the carrying out of construction work and that of section 52 of the Act to the extent that that provision renders that condition applicable.

O.C. 315-2008, s. 9.

3.2.5. A general or undeclared partnership that is constituted for the purpose of carrying out construction work on only one construction project is exempt from the application of Chapter IV of the Act, if the following conditions are met:

(1)  the proposed work is work authorized in subclasses 1.3 to 1.10 of Schedule I to the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9);

(2)  each of the members of the partnership is the holder of a general contractor’s licence authorizing the member to carry out the project work or have it carried out; and

(3)  the tender documents for the construction project require the successful bidder to provide within the allotted time a contract performance guarantee and a labour, material and services payment bond.

O.C. 315-2008, s. 9.

3.3. (Revoked).

O.C. 954-2000, s. 3; O.C. 858-2012, s. 8.

DIVISION I.1 EXEMPTION FROM THE APPLICATION OF THE SECOND PARAGRAPH OF SECTION 153 OF THE BUILDING ACT

O.C. 1477-2002, s. 1.

3.3.0.1. The electrical contractor is exempt, as regards the amount corresponding to 2 1/2% of the total wages paid as provided for in Rule 2-008 of the Canadian Electrical Code, First Part, Eighteenth Edition, introduced by paragraph 5 of section 5.04 of the Regulation to amend the Construction Code (O.C. 961-2002, 2002-08-21), from the application of the second paragraph of section 153 of the Building Act (chapter B-1.1).

O.C. 1477-2002, s. 1.

DIVISION I.2 EXEMPTION FROM THE APPLICATION OF SECTION 35 OF THE BUILDING ACT

O.C. 222-2007, s. 3.

3.3.0.2. The owner of a petroleum equipment installation that includes high-risk petroleum equipment is exempted from furnishing the certificate of conformity required under section 35 of the Building Act (chapter B-1.1) if the owner holds an approval referred to in section 80 of the Act to amend the Act respecting petroleum products and equipment, the Building Act and other legislative provisions (2005, chapter 10).

O.C. 222-2007, s. 3.

DIVISION II

Implicitly revoked, O.C. 858-2012, s. 8

O.C. 954-2000, s. 3.

DIVISION II.1 EXEMPTION FROM THE APPLICATION OF CHAPTER V OF THE CONSTRUCTION CODE

O.C. 962-2002, s. 2.

3.3.1. The following installations are exempt from the application of Chapter V of the Construction Code (chapter B-1.1, r. 2):

(1)  electric lighting installations attached to a pole used for electrical power distribution by a public electricity distribution undertaking;

(2)  installations used for the operation of a subway and powered exclusively by circuits supplying the railway of that subway.

O.C. 962-2002, s. 2.

3.3.2. An owner-builder who keeps a register containing the information required for the declaration of work is exempt from that declaration provided for in Chapter V of the Construction Code (chapter B-1.1, r. 2).

O.C. 962-2002, s. 2.

DIVISION II.2 EXEMPTION FROM THE APPLICATION OF CHAPTER II OF THE CONSTRUCTION CODE AND CHAPTER III OF THE SAFETY CODE

O.C. 876-2003, a. 1.

3.3.3. Any gas installation other than the installation used to produce energy, heat or light from natural gas or liquefied petroleum gas, that is, propane, propylene, butanes and butylenes and their various blends is exempt from the application of Chapter II of the Construction Code (chapter B-1.1, r. 2) and Chapter III of the Safety Code (chapter B-1.1, r. 3).

The following installations are also exempt from the application of those chapters:

(1)  installations intended to store or distribute gas by tank vehicle as long as the tank is not used as a storage tank at the point of use;

(2)  installations intended to use gas to ensure the motive power of a vehicle;

(3)  installations intended to use, in a refinery, gas for refining petroleum;

(4)  installations intended to store, in a refinery, gas resulting from the refining of petroleum;

(5)  installations intended to store or use gas on boats;

(6)  installations intended to store or handle gas in a marine terminal;

(7)  installations intended to use gas as a refrigerant;

(8)  installations intended to store natural gas or propane in underground natural tanks or tanks shaped in the ground; and

(9)  installations intended to use or store on the premises gas collected from a disposal site or gas from an aerobic digester.

O.C. 876-2003, s. 1.

3.3.4. An owner-builder who keeps a register containing the information required for the declaration of work is exempt from the declaration provided for in Chapter II of the Construction Code (chapter B-1.1, r. 2).

O.C. 876-2003, s. 1.

3.3.5. The owner of an installation independent of a building and intended to store or distribute gas is exempt from the requirement to obtain an operation permit provided for in Chapter III of the Safety Code (chapter B-1.1, r. 3)

(1)  where butane is stored in cylinders of an individual maximum capacity of 2,645 oz. (150 g);

(2)  where gas is stored therein in no-refill cylinders the maximum internal volume of which is 75 in3 (1,229 ml); and

(3)  where natural gas is distributed through pipelines.

O.C. 876-2003, s. 1.

DIVISION II.3 EXEMPTION FROM THE APPLICATION OF CHAPTER VIII OF THE CONSTRUCTION CODE AND CHAPTER VI OF THE SAFETY CODE

O.C. 222-2007, s. 4.

3.3.6. The following are exempt from the application of Chapter VIII of the Construction Code (chapter B-1.1, r. 2) and Chapter VI of the Safety Code (chapter B-1.1, r. 3):

(1)  any apparatus that uses a petroleum product in a petroleum equipment installation and that is to be connected by piping to a tank designed to hold such a product; and

(2)  any petroleum equipment or petroleum equipment installation manufactured and designed to use a petroleum product.

O.C. 222-2007, s. 4.

DIVISION III DESIGNATION OF FACILITIES FOR PUBLIC USE

O.C. 954-2000, s. 3.

3.4. The following facilities are for public use for the purposes of section 10 of the Act:

(1)  (pargraph revoked);

(2)  (pargraph revoked);

(3)  (pargraph revoked);

(4)  elevators, freight elevators, dumbwaiters, escalators, moving walks and material lifts referred to in Code CAN/CSA B44-00, incorporated by section 4.02 of Chapter IV of the Construction Code and defined in that Code;

(5)  lifts referred to in CSA Standard CAN/CSA B355-00, incorporated by section 4.02 of Chapter IV of the Construction Code and defined in that standard;

(6)  elevating devices referred to in CSA Standard CAN/CSA B613-00, incorporated by section 4.02 of Chapter IV of the Construction Code and defined in that standard; and

(7)  passenger ropeways and conveyors referred to in CSA Standard CAN/CSA Z98-01, referred to in section 7.01 of Chapter VII of the Construction Code.

O.C. 954-2000, s. 3; O.C. 894-2004, s. 1; O.C. 858-2012, s. 8.

DIVISION IV APPLICATION OF CHAPTER II OF THE BUILDING ACT TO GOVERNMENT BUILDINGS

O.C. 954-2000, s. 3.

3.5. The Government, its departments and agencies, as mandataries of the State, are bound, with respect to buildings, their facilities for public use and their installations independent of a building and intended to use, store or distribute gas, their petroleum equipment installations and electrical installations independent of a building, by Chapter II of the Act and by the Regulations under that Chapter.

O.C. 954-2000, s. 3; O.C. 962-2002, s. 3; O.C. 876-2003, s. 2; O.C. 222-2007, s. 5.

DIVISION V APPLICATION OF CHAPTER III OF THE BUILDING ACT TO CERTAIN INSTALLATIONS OF THE STATE

O.C. 375-95, c. V; O.C. 894-2004, s. 2.

3.6. The Government, its departments and bodies that are mandataries of the State are bound, with respect to their plumbing systems in a building or in facilities intended for use by the public and to their elevators, freight elevators, dumbwaiters, escalators, moving walks, material lifts and other elevating devices or lifts in a building, by Chapter III of the Act and by the regulations under that Chapter. The same applies to their facilities intended for use by the public, their electrical installations, their petroleum equipment installations and their installations intended to use, store or distribute gas.

O.C. 876-2003, s. 3; O.C. 894-2004, s. 2; O.C. 222-2007, s. 6.

4. (Omitted).

O.C. 375-95, s. 4.

REFERENCES

O.C. 375-95, 1995 G.O. 2, 1100

O.C. 6-97, 1997 G.O. 2, 188

O.C. 758-98, 1998 G.O. 2, 2218

O.C. 1464-99, 1999 G.O. 2, 5255

O.C. 557-2000, 2000 G.O. 2, 2208

O.C. 954-2000, 2000 G.O. 2, 4233

O.C. 191-2001, 2001 G.O. 2, 1335

O.C. 962-2002, 2002 G.O. 2, 4652

O.C. 1477-2002, 2002 G.O. 2, 6489

O.C. 876-2003, 2003 G.O. 2, 2738

O.C. 894-2004, 2004 G.O. 2, 2832

O.C. 676-2006, 2006 G.O. 2, 1919A

O.C. 222-2007, 2007 G.O. 2, 1190

O.C. 315-2008, 2008 G.O. 2, 1141

O.C. 143-2009, 2009 G.O. 2, 204

O.C. 456-2010, 2010 G.O. 2, 1390

O.C. 858-2012, 2012 G.O. 2, 2617