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.