LICENSING OF ELECTRICAL CONTRACTORS AND MASTER ELECTRICIANS

CONTENTS Interpretation and Application 1. Definitions 2. Non-application of regulation Licences 3. Licence required, electrical contractor 4. Duties of electrical contractor 5. Licence required, master electrician 6. Responsibilities of designated master electrician 7. Prohibitions, master electrician 8. Electrical contractor licence: requirements 9. Application for electrical contractor licence 11. Master electrician licence: requirements 12. Application for master electrician licence 13. Licences 14. Contractor failure to continue to meet requirements for licence 15. Expiry and renewal of licences Conditions of Licences 16. Conditions of electrical contractor licences 17. Posting of licence 18. Business name 19. Display of licence number 20. Retention of application information 21. Designations to be recorded 22. Notice of changes to information 23. Notice of failure to meet licence requirements 23.1 Requirement to provide information re compliance, electrical contractor 24. Return of licence 25. Conditions of master electrician licence 26. Carrying of licence 27. Retention of application information 28. Notice of changes to information 29. Notice of failure to meet licence requirements 29.1 Requirement to provide information re compliance, master electrician 30. Return of licence Interpretation and Application Definitions 1. (1) In this Regulation, “certificate of qualification” means a certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021; (“certificat de qualification”) “electrical contracting business” means a business that is engaged in the carrying out of electrical work; (“entreprise d’électricité”) “electrical contractor” means a person who is licensed to operate an electrical contracting business under this Regulation; (“entrepreneur en électricité”) “electrical equipment” means any apparatus, appliance, device, instrument, fitting, fixture, machinery, material or thing used in or for, or capable of being used in or for, the generation, transformation, transmission, distribution, supply or utilization of electric power or energy, and, without restricting the generality of the foregoing, includes any assemblage or combination of materials or things which is used, or is capable of being used or adapted, to serve or perform any particular purpose or function when connected to an electrical installation, notwithstanding that any of such materials or things may be mechanical, metallic or non-electric in origin; (“matériel électrique”) “electrical installation” means the installation of any wiring in or upon any land, building or premises from the point or points where electric power or energy can be supplied from any source to the point or points where such power or energy can be used in or on the land, building or premises by any electrical equipment, including the connection of any such wiring with any of that equipment, and any part of the wiring, and the maintenance, alteration, extension and repair of such wiring; (“installation électrique”) “Electrical Safety Code” means the Electrical Safety Code adopted by reference in section 1 of Ontario Regulation 164/99 (Electrical Safety Code) made under the Act; (“code de sécurité relatif aux installations électriques”) “electrical work” means work within the scope of the Electrical Safety Code that consists of constructing, installing, protecting, maintaining, repairing, extending, altering, connecting or disconnecting any electrical installation or electrical equipment; (“travaux d’électricité”) “industrial establishment” means an office building, factory, arena, shop or office, and any land, buildings and structures appertaining thereto; (“établissement industriel”) “master electrician” means an individual who is licensed under this Regulation to assume the responsibilities set out in section 6 for the carrying out of electrical work on behalf of an electrical contractor; (“maître-électricien”) “professional engineer” means a holder of licence, a limited licence or a temporary licence issued under the Professional Engineers Act; (“ingénieur”) “provisional certificate of qualification” means a provisional certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021. (“certificat de qualification temporaire”) O. Reg. 570/05, s. 1 (1); O. Reg. 439/12, s. 1; O. Reg. 221/17, s. 1; O. Reg. 896/21, s. 1. (2) The use in this Regulation of “employ” and “employee” refers to the employer-employee relationship and not to an arrangement whereby a person engages an independent contractor to work on the person’s behalf. O. Reg. 570/05, s. 1 (2). Non-application of regulation 2. This Regulation does not apply to a person engaged in the following types of electrical work: 1. Work done on original equipment of a manufacturer if done by an employee or agent of the original electrical equipment manufacturer who has been trained by the manufacturer to perform maintenance, service or repair on the equipment and if the work being done does not include extending or altering the equipment or installing, extending, altering or repairing any electrical wiring connected to that equipment. 2. Work done on electrical equipment or electrical installations within an industrial establishment or on a farm if done by an owner, an operator or an employee of the owner or operator. 3. Work done on electrical equipment or electrical installations within a residential dwelling if done by an owner or occupant of the dwelling. 4. Work done within the scope of practice for the trade of refrigeration and air conditioning systems mechanic or residential air conditioning systems mechanic by a person authorized under the Building Opportunities in the Skilled Trades Act, 2021 to practise the applicable trade. 5. Work done within the scope of practice for the trade of sprinkler and fire protection installer by a person authorized under the Building Opportunities in the Skilled Trades Act, 2021 to practise that trade. 6. Work done on elevators and escalators by a person authorized to do such work under Ontario Regulation 209/01 (Elevating Devices) made under the Technical Standards and Safety Act, 2000. 7. Work done on electrical components of appliances by a person authorized to do such work under Ontario Regulation 210/01 (Oil and Gas Pipeline Systems), Ontario Regulation 211/01 (Propane Storage and Handling) and Ontario Regulation 215/01 (Fuel Industry Certificates) made under the Technical Standards and Safety Act, 2000. 8. Work done on electrical equipment that plugs into an electrical source if the work being done constitutes maintenance, service or repair of the equipment that does not include extending or altering the equipment or installing, extending, altering or repairing any electrical wiring connected to that equipment. 9. Work done that falls within the scope of Ontario Regulation 22/04 (Electrical Distribution Safety) made under the Electricity Act, 1998. 10. Work done on any electrical equipment or electrical installation that is specifically excluded by Rule 2-000 of the Electrical Safety Code. O. Reg. 570/05, s. 2; O. Reg. 439/12, s. 2; O. Reg. 196/19, s. 1; O. Reg. 896/21, s. 2. Licences Licence required, electrical contractor 3. No person shall operate an electrical contracting business without an electrical contractor licence issued under this Regulation. O. Reg. 570/05, s. 3. Duties of electrical contractor 4. (1) An electrical contractor shall ensure that all electrical work carried out on the electrical contractor’s behalf is carried out in accordance with all applicable laws, including the Electrical Safety Code and the laws relating to health and safety, employment standards, consumer protection, business tax and business practices. O. Reg. 570/05, s. 4 (1). (2) An electrical contractor shall designate one or more master electricians to assume the responsibilities set out in section 6 for the carrying out of electrical work on the contractor’s behalf. O. Reg. 570/05, s. 4 (2). (3) An electrical contractor shall not designate a master electrician under subsection (2) if the designation will result in the master electrician acting as a designated master electrician on behalf of more than one electrical contractor at the same time. O. Reg. 570/05, s. 4 (3). Licence required, master electrician 5. No person shall assume the responsibilities set out in section 6 for the carrying out of electrical work on behalf of an electrical contractor without a master electrician licence issued under this Regulation. O. Reg. 570/05, s. 5. Responsibilities of designated master electrician 6. A master electrician designated by an electrical contractor is, within the scope of the designation, responsible, (a) for the personal planning and direct supervision of electrical work carried out on behalf of the electrical contractor; (b) for ensuring that the electrical work is carried out in accordance with applicable law, including the Electrical Safety Code and the laws relating to health and safety and consumer protection, on behalf of the electrical contractor; and (c) for other matters of a similar nature. O. Reg. 570/05, s. 6. Prohibitions, master electrician 7. (1) A master electrician shall not accept a designation from an electrical contractor unless the master electrician is actively employed by the designating electrical contractor. O. Reg. 570/05, s. 7 (1). (2) A master electrician designated by an electrical contractor shall not accept a designation from another electrical contractor if accepting the second designation will result in the master electrician acting in this capacity on behalf of more than one electrical contractor at the same time. O. Reg. 570/05, s. 7 (2). (3) A master electrician shall not carry out electrical work unless he or she holds a certificate of qualification that is not suspended and that authorizes the carrying out of the electrical work. O. Reg. 439/12, s. 3. Electrical contractor licence: requirements 8. A person who applies for an electrical contractor licence shall not be issued the licence unless the applicant, (a) in the case of an individual, is at least 18 years old; (b) is a master electrician or, if the applicant is not a master electrician, the applicant employs at least one master electrician whom the applicant has designated as having the responsibilities set out in section 6 for the carrying out of electrical work on the applicant’s behalf; (c) has an address for service in Ontario; (d) has public liability and property damage insurance coverage of at least $2,000,000; (e) has registered with the Workplace Safety and Insurance Board, if the applicant is required to register under the Workplace Safety and Insurance Act, 1997; (f) is not in default of filing a return with the Minister of Finance or the Canada Revenue Agency or of paying any tax, penalty or interest assessed under the Excise Tax Act (Canada), the Retail Sales Tax Act or the Corporations Tax Act, if applicable, for which payment arrangements have not been made; and (g) does not owe the Authority any money for which payment arrangements have not been made. O. Reg. 570/05, s. 8; O. Reg. 221/17, s. 2. Application for electrical contractor licence 9. An application for an electrical contractor licence shall, (a) be in the form established by the Authority under clause 12 (1) (a) of the Safety and Consumer Statutes Administration Act, 1996 and be completed in full; (b) be accompanied by the fee set by and payable to the Authority; (c) include a certificate of insurance for public liability and property damage insurance coverage of at least $2,000,000; (d) include the applicant’s employer account number issued by the Workplace Safety and Insurance Board if the applicant is required to have one. O. Reg. 570/05, s. 9. 10., 10.1 Revoked: O. Reg. 221/17, s. 3. Master electrician licence: requirements 11. An individual who applies for a master electrician licence shall not be issued the licence unless the applicant, (a) is at least 18 years old; (b) demonstrates at least three years experience, (i) practising the trade of electrician — construction and maintenance, electrician — domestic and rural or industrial electrician under a certificate of qualification or a provisional certificate of qualification in the applicable trade that is not suspended, (ii) working for an electrical contractor as a licensed professional engineer registered with the Professional Engineers of Ontario, (iii) working for an electrical contractor in the capacity of a certified engineering technician or a certified engineering technologist registered with the Ontario Association of Certified Engineering Technicians and Technologists, or (iv) practising the trade of powerline technician under a certificate of qualification or a provisional certificate of qualification in that trade that is not suspended; (c) has passed the master electrician qualifying examination within the 12-month period preceding the date of the application; and (d) does not owe the Authority any money for which payment arrangements have not been made. O. Reg. 570/05, s. 11; O. Reg. 187/11, s. 3; O. Reg. 439/12, s. 4; O. Reg. 896/21, s. 3. Application for master electrician licence 12. An application for a master electrician licence shall, (a) be in a form established by the Authority under clause 12 (1) (a) of the Safety and Consumer Statutes Administration Act, 1996 and be completed in full; (b) be accompanied by the fee set by and payable to the Authority; (c) include proof that the applicant passed the master electrician qualifying examination within the 12-month period preceding the date of the application; (d) if the applicant practises the trade of electrician — construction and maintenance, electrician — domestic and rural, industrial electrician or powerline technician, include a copy of a certificate of qualification in the applicable trade that is not suspended and proof of at least three years experience in practising that trade; (e) if the applicant is a licensed professional engineer, include a copy of a valid licence issued under the Professional Engineers Act and proof of at least three years experience working for an electrical contractor as a professional engineer; and (f) if the applicant is a certified engineering technician or a certified engineering technologist, include a copy of a valid certificate indicating that the applicant is a certified engineering technician or a certified engineering technologist, a copy of a valid registration with the Ontario Association of Certified Engineering Technicians and Technologists and proof of at least three years experience working for an electrical contractor as a certified engineering technician or a certified engineering technologist. O. Reg. 570/05, s. 12; O. Reg. 439/12, s. 5. Licences 13. (1) An electrical contractor licence shall be in the form of a certificate that includes the following information: 1. Revoked: O. Reg. 221/17, s. 4 (2). 2. The legal name of the business and the name under which it operates. 3. The number of the licence. 4. The date the licence takes effect and its expiry date. O. Reg. 570/05, s. 13 (1); O. Reg. 221/17, s. 4 (1-3). (2) A master electrician licence shall be in the form of a certificate that includes the following information: 1. The name of the licence holder. 2. The type of certificate or licence relied upon by the licence holder to obtain the licence under this Regulation. 3. The number of the licence. 4. The date the licence takes effect and its expiry date. O. Reg. 570/05, s. 13 (2); O. Reg. 184/24, s. 1. (3) A licence is valid throughout Ontario. O. Reg. 570/05, s. 13 (3). (4) A licence is not transferable. O. Reg. 570/05, s. 13 (4). (5) Revoked: O. Reg. 221/17, s. 4 (4). Contractor failure to continue to meet requirements for licence 14. (1) The holder of an electrical contractor licence shall immediately cease to operate the electrical contracting business in respect of which the licence is issued if any of the requirements for obtaining the licence, as set out in section 8, or a restriction, limitation or condition of the licence that is imposed by a Director or specified in sections 17 to 24 ceases to be met during the currency of the licence. O. Reg. 221/17, s. 5 (1). (2) Subsection (1) does not apply to the holder of an electrical contractor licence who ceases to meet the requirement to employ at least one designated master electrician, as set out in clause 8 (b) if the electrical contractor notifies the Director of the loss of the last designated master electrician within five days of the occurrence, in which case the electrical contractor may continue to operate for a period of 60 days after the occurrence. O. Reg. 570/05, s. 14 (2); O. Reg. 221/17, s. 5 (2). (3) Despite subsection (2), if the expiry date indicated on the licence falls within the 60-day period and the electrical contractor has been unable to employ and designate a master electrician before the expiry date indicated on the licence, the licence expires on the expiry date. O. Reg. 570/05, s. 14 (3). (4) If, within the 60-day period, the electrical contractor employs and designates a master electrician and notifies the Director of the designation, the electrical contractor may continue to operate beyond the end of the 60-day period. O. Reg. 570/05, s. 14 (4). (5) If, within the 60-day period, the electrical contractor fails to employ and designate a master electrician, the electrical contractor shall cease to operate at the end of that period unless, at the request of the electrical contractor made at any time within the 60-day period, the Director permits the electrical contractor to continue to operate for up to 60 further days on being satisfied that, (a) the electrical contractor has made all reasonable efforts to employ and designate a master electrician during the first 60-day period; and (b) it is likely that the electrical contractor will be able to employ and designate a master electrician within the period of the extension. O. Reg. 570/05, s. 14 (5). (6) If the period of operation is extended under subsection (5) and the electrical contractor fails to employ and designate a new master electrician within the extension period, the electrical contractor shall cease immediately to operate until a master electrician has again been employed and designated and the Director is notified of the designation. O. Reg. 570/05, s. 14 (6). Expiry and renewal of licences 15. (1) An electrical contractor licence expires on the date indicated on the licence. O. Reg. 570/05, s. 15 (1); O. Reg. 221/17, s. 6 (1). (2) Despite subsection (1), the licence expires on the date the electrical contractor ceases to operate the business for which the licence was issued if that date is earlier than the expiry date indicated on the licence. O. Reg. 570/05, s. 15 (2). (3) A master electrician licence expires on the date indicated on the licence. O. Reg. 570/05, s. 15 (3). (4) An application for the renewal of an electrical contractor licence or a master electrician licence shall be made before the expiry date of the licence, shall be in the form established by the Authority and be accompanied by the fee set by and payable to the Authority. O. Reg. 570/05, s. 15 (4); O. Reg. 221/17, s. 6 (2); O. Reg. 184/24, s. 2 (1). (5) An applicant for the renewal of an electrical contractor licence shall meet the requirements set out in clauses 8 (b) to (g) and, for that purpose, shall provide the information and proof required by clauses 9 (c) and (d). O. Reg. 570/05, s. 15 (5); O. Reg. 221/17, s. 6 (3). (6) Revoked: O. Reg. 221/17, s. 6 (4). (7) An applicant for the renewal of a master electrician licence shall meet the requirement set out in clause 11 (d) and shall hold a certificate of qualification in the trade of electrician — construction and maintenance, electrician — domestic and rural, industrial electrician or powerline technician under clause 12 (d), a valid licence under clause 12 (e) or a valid certificate and valid registration under clause 12 (f). O. Reg. 439/12, s. 6; O. Reg. 184/24, s. 2 (2). (8) If the licence holder applies for a renewal within one year after the expiry date, the holder shall submit the information or documents described in subsection (5) or (7), as applicable, pay the renewal fee, calculated from the date of expiry of the expired licence, and the late filing fee established by the Authority. O. Reg. 184/24, s. 2 (3). (9) Revoked: O. Reg. 184/24, s. 2 (3). (10) Subject to subsection (10.1), an application for a renewal of a master electrician licence submitted one year or more after the expiry date of the expired licence shall be treated as a new application and all requirements relating to new applications apply, including the requirement to pass the master electrician qualifying examination within the 12-month period preceding the date of the application. O. Reg. 570/05, s. 15 (10); O. Reg. 221/17, s. 6 (6); O. Reg. 196/19, s. 2 (1). (10.1) If the licence holder applies for the renewal of a master electrician licence one year or more after the expiry date of the expired licence and a Director has reason to believe that the licence holder did not make the application before that expiry date because of extenuating circumstances that created undue hardship for the licence holder, the Director may accept the application if it contains the information or documents described in subsection (7) and the licence holder pays the fee that would have been payable if the licence holder had made the application in accordance with subsection (4). O. Reg. 196/19, s. 2 (2). (10.2) If a Director grants an application for the renewal of a master electrician licence under subsection (10.1), the Director may impose terms, conditions and limitations on the renewal as the Director sees fit if they relate to eligibility of the applicant for the original licence. O. Reg. 196/19, s. 2 (2). (11) An application for a renewal of an electrical contractor licence submitted one year or more after the expiry date of the expired licence shall be treated as a new application and all requirements relating to new applications apply. O. Reg. 570/05, s. 15 (11). (12), (13) Revoked: O. Reg. 221/17, s. 6 (7). Conditions of Licences Conditions of electrical contractor licences 16. Sections 17 to 24 state conditions of an electrical contractor licence. O. Reg. 570/05, s. 16; O. Reg. 221/17, s. 7. Posting of licence 17. (1) An electrical contractor shall post the licence in a prominent location at the contractor’s principal place of business in a manner that the public is likely to see it. O. Reg. 570/05, s. 17 (1). (2) An electrical contractor shall post a copy of the licence in a prominent location at any other place of business at or from which the contractor carries on business. O. Reg. 570/05, s. 17 (2). Business name 18. An electrical contractor shall not carry on business in a name other than the name indicated on the licence. O. Reg. 570/05, s. 18. Display of licence number 19. An electrical contractor shall prominently display the licence number in all correspondence, contracts and advertisements, on business vehicles and, generally, in all situations where they are communicating with the public. O. Reg. 570/05, s. 19. Retention of application information 20. An electrical contractor shall retain every document provided in the application for the licence or a renewal of the licence until the expiry of the licence or renewal. O. Reg. 570/05, s. 20. Designations to be recorded 21. (1) An electrical contractor shall keep a record of all designations of master electricians, irrespective of the number of designations made. O. Reg. 570/05, s. 21 (1). (2) The record mentioned in subsection (1) shall include the name of the designated master electrician, the date on which the designation is made, the period of time for which the designation is effective and the scope of the designation. O. Reg. 570/05, s. 21 (2). Notice of changes to information 22. An electrical contractor shall notify the Director in the form obtained from him or her of any change to the information provided in the licence application or renewal of licence application, including any change in the designated master electrician for the purpose of clause 8 (b), within five business days of the change. O. Reg. 570/05, s. 22; O. Reg. 221/17, s. 8. Notice of failure to meet licence requirements 23. An electrical contractor shall notify the Director immediately of any failure to continue to meet the requirements for the relevant type of electrical contractor licence during the currency of the licence. O. Reg. 570/05, s. 23. Requirement to provide information re compliance, electrical contractor 23.1 An electrical contractor shall, on written request, provide the Director with such information demonstrating compliance with the Act and this regulation as the Director requires within the timeframe, if any, specified in the request. O. Reg. 184/24, s. 3. Return of licence 24. An electrical contractor shall return the electrical contractor licence to the Director within five business days of its suspension, revocation or expiry using a form of delivery that provides proof of delivery. O. Reg. 570/05, s. 24; O. Reg. 221/17, s. 9. Conditions of master electrician licence 25. Sections 26 to 28 state conditions of a master electrician licence. O. Reg. 570/05, s. 25. Carrying of licence 26. A master electrician shall carry the licence while engaged in activities requiring the licence. O. Reg. 570/05, s. 26. Retention of application information 27. A master electrician shall retain every document provided in the application for the licence or a renewal of the licence until the expiry of the licence or renewal. O. Reg. 570/05, s. 27. Notice of changes to information 28. A master electrician shall notify the Director in the form obtained from him or her of any change to the information provided in the licence application or renewal of licence application, including the fact of ceasing to act as a designated master electrician for an electrical contractor, within five business days of the change. O. Reg. 570/05, s. 28; O. Reg. 221/17, s. 10. Notice of failure to meet licence requirements 29. A master electrician shall notify the Director immediately of any failure to continue to meet the requirements for the licence during the currency of the licence. O. Reg. 570/05, s. 29. Requirement to provide information re compliance, master electrician 29.1 A master electrician shall, on written request, provide the Director with such information demonstrating compliance with the Act and this regulation as the Director requires within the timeframe, if any, specified in the request. O. Reg. 184/24, s. 3. Return of licence 30. A master electrician shall return the master electrician licence to the Director within five business days of its suspension, revocation or expiry, using a form of delivery that provides proof of delivery. O. Reg. 221/17, s. 11. 31., 32. Revoked: O. Reg. 221/17, s. 12. 33. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 570/05, s. 33.