Guide To The Duties and Responsibilities of Licensed Electrical Contractors and Master Electricians
Content
ELECTRICAL CONTRACTOR REGISTRATION REGISTRATION AGENCY OF THE
Electrical Safety Authority
Guide to the Duties and Responsibilities of Licensed Electrical Contractors and Master Electricians
October 2013
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Disclaimer
This document contains only guidelines to assist Licensed Electrical Contractors and prospective contractors to understand their initial and ongoing responsibilities under Part VIII of the Electricity Act and the licensing regulation Ontario Regulation 570/05. This Guide, provided by the Electrical Safety Authority (ESA), is provided for professional education purposes and may be
used for informational, non-commercial purposes only
Although the
information and materials are carefully prepared and are believed to be reliable and accurate, the ESA does not accept any legal responsibility for the contents herein or for any consequences, including direct or indirect liability, arising from reliance on the information or use thereof. The information set forth through the Guide may be revised or withdrawn at any time without prior notice. In no event shall the ESA, its employees, directors, or officers, be liable for any direct, indirect or incidental damages, injury, loss, costs or expenses related to reliance on the information provided or its use, however caused, including but not limited to, special or consequential damages, lost revenue, business interruption, lost or damaged data or any other commercial or economic loss howsoever caused irrespective of whether ESA is advised of the possibility of such damages, injury, loss, cost or expense. ESA does not provide any legal advice and users of the Guide should consult with their own lawyer for legal advice. The guidelines contained herein herein do not have the force of law. Where there is a conflict between information in this Guide and any legislation or regulation which may apply the relevant law prevails.
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Acknowledgements
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Table of Contents
1.
2.
Introduction ................................. ................ ................................... ................................... ................................... .............................. ............ 6 A. Purpose: ................................... .................. ................................... ................................... ................................... .............................. ............ 6 B. The Legal Framework ................................... .................. .................................. ................................... ........................... ......... 6 C. Authority: ................................. ................ ................................... ................................... ................................... .............................. ............ 6 Electrical Contractor Licence ................................. ................ ................................... ................................... ..................... .... 7 Electrical Electrica l Contractors Must Be Licensed ................................... ................. ................................. ............... 7 Eligibility for an Electrical Contractor Licence .......................................... 7 Work that does not require a licence ...................................................... 8 B. Duties of a Licensed Electrical Contractor ................................. ............... ................................. ............... 9 Ensure All Applicable Laws Are Followed ................................................ 9 Ensure a Master Electrician Is Designated ............................................ 10 C. Administrative Administrative Requirements Requirements and Conditions of Electrical Electrical Contactor Licenses ................................................................................................... 11 Licence Display and Posting Requirements ........................................... 11 Maintaining Records .............................................................................. 11 Notice Requirements ............................................................................. 12 Licence Renewal .................................................................................... 13
A.
D.
Sub-Contracting to Unlicensed Electrical Contractors Is Not Permitted…………………………………………………………………………………………..13 Returning an Expired, Suspended or Revoked Licence (section 24) ..... 14 Reasons for Refusal, Suspension or Revocation of Electrical Electrical Contractor Licenses ................................................................................................... 15 Failure to Carry to Carry Out Activities in Accordance with the Law .................. 15 Failure to Carry to Carry Out Activities Safely ..................................................... 16 Failure to Have to Have the Basic Resources to Carry Out the Activities or Have Necessary Training, Experience, Qualifications or Skills ....................... 16 Failure to Conduct to Conduct One’s Self with Honesty and Integrity or Protecting Consumers and Misrepresentation or Fraud in Obtaining a Licence……………………………………………………………………………………………….17 Permitting an unauthorized person to carry out activities that require a
Licence ................................................................................................... 18 Failure to Comply With or to Meet a Requirement or a Restriction, Limitation or Condition Under the Act and Regulations ....................... 19 3. Master Electrician Electricia n Licence ................................... .................. .................................. .................................. ...................... ..... 20 A. Who Can Apply for a Master Electrician Licence? .................. .................................. ................ 20 B. Ensure a Master Electrician Is Designated ................................... ................. ............................ .......... 20 C. Responsi Responsibilities bilities of a Designated Master Electrician ............................... .................. ............. 21 Personal Planning and Direct Supervision ............................................. 22 Ensuring Work is Carried Out in Accordance with Applicable Law ....... 23 D. Eligibility to become a Master Electrician ............... ................................. ............................... ............. 24 E. Application Applicatio n Requirements ................................. ................ ................................... ................................... ................... .. 25 F. Prohibitions Prohibitio ns for Master Electricians ................................. ................ .................................. ...................... ..... 25 Designated Master Electrician Must Be An Employee of the Licensed Electrical Contractor .............................................................................. 25 4
Designated Master Electrician Can Only Work For One Licensed Electrical Contractor at a time ............................................................... 26 Must Have Appropriate Certificate of Qualification ............................. 26 Other Requirements for Master Electricians………………………………………27 G. Master Electrician Licence Examination Examinatio n ................................. ............... .................................. ................ 27 Appendix 1 - Frequently Asked Questions ......................................................... 28 Appendix 2 – Origins of Contractor Licensing In Ontario ................................... 29
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1. Introduction A. Purpose: The purpose of this document is to provide a plain-language guide regarding the duties of Licensed Electrical Contractors Contractors and responsibilities responsibilities of Designated Master Electricians who are licensed under the Electricity Act , 1998 (“Act”) and Regulation 570/05. 570/05. This guide is intended to assist them in understanding understanding their legal obligations. o bligations.
B. The Legal Framework The licensing of electrical contractors and Master Electricians in Ontario is defined by Part VIII of the Electricity Act, 1998 and Ontario Regulation 570/05 (the licensing of electrical contractors and master electricians). Throughout this document, we refer to specific sections of the Act and Regulation. To view the Act and Regulation in full go to to www.e-laws.gov.on.ca .
C. Authority: The Electrical Safety Authority (ESA) is responsible for regulating the safe use of electricity and electrical products and equipment in Ontario and for serving the public interest as it relates to electrical safety, which includes ensuring compliance and enforcement of Part VIII of the Electricity Act, 1998 and Regulations, including administering Ontario Regulation 570/05, the licensing of electrical contractors and Master Electricians in the Province of Ontario. ESA is supported in this by the Electrical Contractor Registration Agency (ECRA) Advisory Council which includes representation from Licensed Electrical Contractors, municipalities, and consumers. It provides an important advisory role in support of the licensing program through the developm development ent of Master Electrician examinations, and developing and recommending guidelines and policies to strengthen the licensing of electrical contrac contractors tors and Master Electricians in the province.
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2. Electrical Electrical Contractor Licence A. Electrical Contractors Must Be Licensed Every electrical contracting business that carries out electrical work governed by the
Every electrical contracting business that carries out electrical work governed by the Ontario Electrical Safety Code is required to hold a valid Electrical Contractor Licence – this requirement has been in place since January 1, 2007. The Electrical Safety Authority administers the licensing program in Ontario.
Ontario Electrical Safety Code is required to hold a valid Electrical Contractor Licence.
Section 3 of Ontario Regulation 570/05 states that “No person shall operate an
electrical contracting business without an electrical contractor licence issued under this Regulation.” The Regulation defines an electrical contracting business as “ a business that is engaged in the carrying out of electrical work” and electrical work “ means
Unlicensed contractors may be charged under
work within the scope of the Electrical Safety Code that consists of constructing, installing, protecting, maintaining, repairing, extending, e xtending, altering,
the Act and are subject to penalties and fines.
connecting or disconnecting any electrical installation or electrical equipment”. Ontario Regulation 570/05, Section 1
Applying for an Electrical Contractor Licence
Eligibility for an Electrical Contractor Licence There are some minimum criteria for a person to be eligible to apply for an Electrical Contractor Contractor Licence. These are set out in the Regulation and are: 1. Must be at least 18 years of age 2. Be a Master Electrician, or employ at all times at least one Designated Master Electrician
To find information and forms on how to
3. Have a place of business in Ontario. This may include an address for service acceptable to ESA. 4. Have public liability and property damage insurance coverage of at least $2 million 5. Be registered with the Workplace Safety and Insurance Board (WSIB), if the applicant is required to register under the Work Place Safety and Insurance Act, 1997 6. Not be in default of filing a return with the Ministry of Revenue or of paying any tax, penalty or interest assessed under the Retail Sales Tax Act or the Corporations Tax Act, if applicable, for which payment arrangements have not been made 7. Not owe the ESA any money for which payments arrangements have not been made. 7
apply for anLicence, Electrical Contractor visit the ESA/ECRA website at www.esasafe.com or by calling ESA at 1-877372-7233.
Work that does not require a licence Some electrical work falls outside the scope of the Regulation. Section 2 states that the licensing regulation does not apply to a person engaged in the following types of electrical work: If a business performs electrical work that is not specifically exempted from the list below, the business islicence. required to apply for and obtain an authorization for an electrical contractor’s Original Equipment Manufacturer 1. Work done on original equipment of a manufacturer if done by an employee or agent of the original 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. Industrial or Farm Establishment Work by Owner, Operator, Employee 2. Work done on equipment or electrical installations within an a n industrial establishment or a farm if done by an owner, operator or an a n employee of the owner or operator. Residential Work by Owner/Occupant 3. Work done on electrical equipment or installations within a residential dwelling if done by an owner or
occupant of the dwelling. Authorized Refrigeration and Air Conditioning Mechanics 4. Work done within the scope of practice for f or the trade of refrigeration and air conditioning systems mechanic or residential air conditioning systems mechanic by a person authorized under the Ontario College of Trades and Apprenticeship Act, 2009 to practice the applicable trade. Authorized Sprinkler and Fire Protection Installer 5. Work done within the scope of practice for f or the trade of sprinkler and fire protection installer by a person authorized under the Ontario College of Trades and Apprenticeship Act, 2009 to practice that trade. TSSA Authorized Workers 6. Work done on elevators and escalators by a person authorized to do such work under Regulation 209/01 (Elevating Devices) made under the Technical Standards and Safety Act, 2000 (TSSA). ( TSSA). 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), 211/01 (Propane Storage and Handling) and 215/01 (Fuel Industry Certificates) made Equipment under the Technical Standards and Safety Act, 2000 (TSSA). Maintenance, Service or Repair of Electrical Not Involving Wiring 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 the equipment. Authorized under Electrical Distribution Safety Regulation 9. Work done that falls within the scope of Ontario Regulation 22/04 (Electrical Distribution Safety) made under the Electricity Act, 1998. Work Excluded by Rule 2-000 of the OESC 10. Work done on any electrical equipment or electrical installation that is specifically excluded by Rule 2000 of the Ontario Electrical Safety Code. O.Reg. 570/05, 2
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B.
Duties of a Licensed Electrical Contractor
An electrical contractor contractor must also be a Designated
Electrical contractors should pay particular attention to the duties that they are required to follow. Section 4 of the regulation lists key duties of a licensed electrical contractor which fall into two important categories: Ensuring all applicable laws are followed; and
Master Electrician or must employ a Designated Master Electrician.
Ensuring that a Master Electrician is designated.
The Designated Master Electrician must be fully
Ensure All Applicable Laws Are Followed
licensed as a Master
Section 4.(1) of the regulation states that 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.”
Electrician, and must not be employed as a Designated Master Electrician with more than one electrical contractor.
As licensed professionals, electrical contractors have a critical role to play in ensuring the safety of the public, customers and employees. A number of laws in the province provide a framework to promote safe and fair business practices. Electrical contractors must ensure that these laws are followed (see box at right for some examples)
The licensing regulation requires LECs to ensure “all applicable laws” are followed. Some examples of applicable laws include:
the Ontario Electrical Safety
Section F of this guide describes some of the criteria established in the Electricity Act for for potentially refusing, suspending or revoking an electrical contractor or Master Electrician’s licence. Examples of failure to observe safety and consumer protection laws that are applicable to licensing decisions are also provided.
Code; Electricity Act, 1998 and Ontario Regulation 570/05 (Licensing of Electrical Contractors and Master Electricians) Ontario College of Trades and
Apprenticeship Act, 2009;
Workplace Safety and
Section 4(1): Duties of an Electrical Contractor: Applicable Laws
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
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Insurance Act, 1997; Occupational Health and Safety Act, 1990; Employment Standards Act, 2000; Consumer Protection Act, 2002; and Relevant business tax laws among others.
Des ignated Ensure a Master Electrician Is Designated Sections 4.(2) and 4.(3) of the regulation address the requirement that an electrical contractor must themselves be or must employ at least one Designated Master Electrician. A Designated Master Electrician must not be acting as a Designated Master Electrician for more than one electrical contractor at the same time. The Designated Master Electrician has specific responsibilities to plan and supervise electrical work and for ensuring that safety, consumer protection and other applicable laws are followed on behalf of the electrical contractor. The regulation does not prescribe the number of Designated Master Electricians that should be employed by an electrical contracting business; however, the Licensing Regulation is clear that at least one Master Electrician must be designated by a Licensed Electrical Contractor. It is the responsibility of the electrical contractor to determine the appropriate number of Designated Master Electricians the company requires. An electrical contractor contractor must be satisfied that that the number of Designated Master Electricians on staff is sufficient to carry out the responsibilities for personal planning, direct supervision, and compliance with safety and other laws. Further details about these responsibilities are provided in Section 3 of this guide. Information on the eligibility, application process and responsibilities of Master Electricians can be found on page 24 of this guide and further details can also be found at at www.esasafe.com. www.esasafe.com.
Section 4(2) and 4(3): Duties of an Electrical Contractor: Designating A Master Electrician (2) An electrical contractor shall designate designate one or more Master Electricians Electricians to assume the responsibilities set out in section 6 for the carrying c arrying out of electrical work on the contractor’s behalf. (3) An electrical contractor shall not designate 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.
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The Licensing Regulation is clear that at least one Master Electrician must be designated by a Licensed Electrical Electrical Contractor.
C. Administrative Requirements and Conditions of Electrical Contractor Licenses Sections 16 to 24 of the regulation set out a number of administrative requirements that are conditions of an electrical contractor’s licence. These are important requirements to ensure that the licence remains in good standing.
The display and posting
Licence Display and Posting Requirements
requirements for
Electrical contractors must follow certain requirements to ensure that customers and the general public can have confidence that they are dealing with an electrical contractor that is qualified and licensed.
licenses help to give consumers confidence that they are doing business with a qualified
Business Name (section 18 of the regulation) An electrical contractor shall not carry on business in a name other than the name indicated on their licence certificate.
and licensed expert. Licensing staff and ESA inspectors have the
Posting of Licence (section 17)
An electrical contractor must 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. If an electrical contractor contractor has several business locations, a copy of the licence must be posted prominently at each location so that the public can easily see it.
authority to verify that licensed contractors are complying with these requirements. requirements.
Display of Licence Number (section 19)
Within 90 days of a licence being issued, an electrical contractor must 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 and where electrical services are being offered. This includes, but is not limited to: business cards; invoices; quotes; vehicles; advertisements; letters; websites etc.
The Licensing Regulation requires electrical contractors to keep records of all Designated Master Electricians.
Display of Licence Numbers on Vehicles
For guidelines for the display (placement) of the Electrical Contractor Licence number on vehicles and for copies of approved logos, visit www.esasafe.com.
Also, electrical contractors must retain a copy of all documents provided to ESA as part
Maintaining Records The licensing regulation requires certain records and information be kept and maintained. This includes: 11
of their application or renewal of their licence. licence.
Note:
List of Designated Master Electrician(s) (section 21 of the regulation)
An electrical contractor must keep a record of all Designated Master Electricians at their company. The record shall include the name of the Designated Master Electrician(s), the date on which the designation(s) is made, the period of time for which the designation(s) is effective, and the scope of each designation. An electrical contractor must notify ESA within 5 business days of the loss or departure of a Designated Master Electrician. See page 13 for details. Retention of Application Information (section 20)
An electrical contractor must retain every document provided in the application for the licence or a renewal of the licence until the expiry of the licence or renewal.
Notice Requirements
When legislation or regulations state that a person “shall” or “must” do something, it is a requirement in law that is mandatory
The Licensing Regulation places an obligation on electrical contractors to notify the ESA if they no longer meet the requirements of their licence. This includes information information
Electrical contractors are required to keep ESA informed about changes to information related to their licence. Providing notice about key changes is a strict legal requirement under the Regulation that must be followed within specified timeframes.
regarding the loss of, or replacement of a Designated Master Electrician.
Notice of Changes to Information (section 22)
An electrical contractor must notify ESA of any change to the information provided on the application or renewal of licence application form within 5 business days of the change. This requirement includes any change to licence information such as: address and/or contact information; business registration; business name; business ownership; business structure where the authorizing principles change; insurance provider; insurance coverage; number of electrical trade employees; WSIB; certificate of qualification holder for the company; or the death of an owner.
An electrical contractor must notify the ESA within 5 days in the event that any information changes from their licence application or renewal. This includes:
Notice of changes to
“Notice of Changes to Information” forms are available on ESA’s website at www.esasafe.com or www.esasafe.com or by calling 1-877-372-7233.
information;
Notice of failure to
meet licence requirements; and
Notice of Failure to Meet Licence Requirements (section 23)
If at any time during the course of the valid period of the electrical contractor licence, the contractor no longer meets the requirements of the licence, they must notify ESA’s Director of Licensing in writing
Notice of loss of
designated master electrician.
within 5 business days and cease to continue working until such time 12
The contractor must use the required form to notify the ESA and include any
relevant documentation.
that they meet the requirements. For more information on how to notify the Director, visit www.esasafe.com Loss of Designated Master Electrician (section 14. (2-6))
Despite the previous rule, if an electrical contractor should lose their Designated Master Electrician during the course of their licence, and they notify ESA within 5 business days of the loss, the electrical contractor can continue to operate for a period of 60 days from the date of the loss or departure of a Designated Master Electrician to designate a replacement. At the expiry of this time period, if the contractor is still without a Designated Master Electrician and has not applied for an extension they cannot operate. Prior to the expiry of the initial 60 day period, it is possible to apply for an extension of up to an additional 60 days through a written request to the Director. Businesses are required to cease to operate if they have not designated a new Designated Master Electrician within 60 days or the extension period. Please see our website at www.esasafe.com www.esasafe.com or call us at 1-877-372-7233 in compliance with or this important requirement. to ensure you remain Within 5 business days of any change, the electrical contractor is required to notify ESA and submit the necessary form(s) including any relevant documentation to the change. Forms are available on ESA’s www.esasafe.com or or by calling 1-877-372-7233. website at www.esasafe.com
Electrical contractors must apply for their licence renewal within 30 days of expiry.
Licence Renewal
Contractors cannot
An electrical contractor must apply for the renewal of their licence at least 30 days in advance of the expiry date to give the ESA enough time to process the renewalbyand licence back in the hands of contractor the have time the the renewed old one expires. It is not permitted for the an electrical contractor to operate their business if their licence has expired and has not been renewed.
Sub-Contracting Electrical Work to Licensed Electrical Contractors Is Permitted A Licensed Electrical Contractor must use qualified employees to carry out electrical work and must be in compliance with any applicable trade qualifications. Should a licensed electrical contractor need to sub-contract electrical work to non-employees, these individuals or the business must 13
operate without a valid licence
(2) The use in this Regulation of “employ” or “employee” refers to the employer-employee relationship and not to an arrangement whereby a person engages an independent contractor to work on a person’s behalf.
O. Reg. 570/05, 1(2) 1(2)
hold a valid electrical contractor licence and they would be responsible for taking out the appropriate permits. It is prohibited to take out permits on another licensed contractor’s behalf or to allow a sub-contractor to work under another contractor’s licence if they are not employees.
Returning an Expired, Suspended or Revoked Licence (section 24) When an electrical contractor decides to close their business, retire or otherwise cease operations, they are required to return their licence certificate to ESA as it is ESA’s property. Additionally, should an electrical contractor’s licence expire, be suspended, or revoked, the contractor is required to return their licence certificate.
To return a licence, visit our website at www.esasafe.com or www.esasafe.com or call ESA at 1877-372-7233.
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D. Reasons for Refusal, Suspension or Revocation of Electrical Contractor Licenses ESA’s Director(s) of Licensing are responsible, among other things, for authorizing an Electrical Contractor Licence. The Director may also refuse, suspend or revoke a licence in a number of circumstances specified in
subsection 2 of Section 113 of the Electricity Act . The reasons for a refusal, suspension, or revocation of a contractor’s licence include failure to::
Examples of inappropriate behaviour that may be relevant to the Director:
A contractor engages in
unfair trading practices in the course of providing electrical services. For instance:
Failure to Carry Out Activities in Accordance with the Law Should the Director have reason to believe that an electrical contractor is in violation of applicable laws; the Director may refuse, suspend, revoke or impose conditions on a licence. Section 4 of the Regulation imposes a duty on electrical contractors to ensure applicable laws are followed “including the Electrical Safety Code and the laws relating to health and safety,
o
not used o substituting parts of a lesser quality misrepresenting o
employment standards, consumer protection, business tax and business practices.” Qualified electrical contractors will be aware of the requirements of safety laws and codes such as the Ontario Electrical Safety Code, the Occupational Health and Safety Act, the Ontario College of Trades and Apprenticeship Act and other work place and employment standards. The Director must remain satisfied that the Licensed Electrical Contractor operates within these and any other applicable safety laws. The Regulation also states the need to follow other laws that create consumer protection and business practices rules which apply to all businesses in Ontario. One example example is the Consumer Protection Act, 2002 and regulations. Consumer protection laws establish a framework for fair and honest business practices that help to ensure consumers are not subject to misrepresentations, substitutions, or unfair business practices.
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invoicing for parts
the nature of the services required.
A contractor is found to
be charging permit fees for work that either does not require a permit or for work where the contractor did not subsequently take out the permit in question.
A contractor states in
their application that they are in compliance with OCTAA requirements, WSIB requirements, are carrying appropriate insurance, or Ministry of Finance tax requirements when it is found that they are not.
Failure to Carry Out Activities Safely
Examples of unsafe activities that may be relevant to the Director: A contractor is found to have been working with energized equipment
ESA Licensing Director(s) must be satisfied that a potential or existing licence holder will carry out their activities in a safe manner. Should
the Director have reason to believe that the licence holder or applicant will not carry on business safely; the Director can refuse, suspend, revoke or impose conditions on a licence.
to use proper Failure personal protective
equipment Failure to follow lock out/tag out requirements A contractor has a pattern of performing work that fails to conform to the code requirements or any incident where non-compliance is sufficiently serious to potentially cause harm to property and/or the public.
On occasion a contractor may perform work that is not fully
compliant with the requirements set out in the Ontario Electrical
Safety Code. ESA takes great care to first try to work with contractors and other relevant regulators to help bring them into compliance with the law. However, should the Director become aware of unsafe behaviour that is not corrected, or if Director becomes aware that the contractor has violated other safety laws and regulations, progressive disciplinary steps may be taken against the contractor to protect the interests of the public.
Failure to Have the Basic Resources to Carry Out the Activities or Have Necessary Training, T raining, Experience, Qualifications or Skills
Examples of what constitutes lacking the basic resources, training, or qualifications qualifications expected of an electrical contractor could include:
In some cases, a contractor or applicant may be found to not have
Workers do not have or use
the basic resources expected for an electrical contractor. contractor. The term
proper personal protective equipment
“basic resources” refers to such things as the minimum assets,
Evidence of a lack of basic
supplies or possessions required for a Licensed Electrical Contractor
requiring a licence in order to protect consumers.
administrative capabilities such as an inability to consistently follow required
In determining whether a contractor or applicant is in compliance
processes for permit application,
to safely and lawfully carry out his/her duties and the activities
with this requirement, the Director will review the individual
Inability to provide training
and related materials to workers.
circumstances of the contractor or applicant to determine what would be required to satisfy this requirement on a case-by-case basis.
Evidence that a contractor is
unable to carry out work obligations or inadequately staffed.
The Director may also encounter evidence that a Licensed Electrical El ectrical Contractor demonstrates a lack of training, experience, qualifications or skills. Again, the contractor’s history and efforts to comply with
A contractor who no longer
has employees with C of Qs for certain types of electrical work.
requirements would need to be assessed as well as the potential
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impact that a lack of training, experience, qualifications or skills could have on public safety among other things.
Some examples of honesty and integrity issues that may raise concerns about a licensed contractor or applicant include:
Failure to Conduct One’s Self with Honesty and Integrity or Protecting Consumers, and Misrepresentation or Fraud in Obtaining a Licence
Including false or
misleading information on an application for a licence.
Consistent with most regulated business sectors, ESA’s Director(s) of Licensing must be satisfied that licence holders will conduct themselves with honesty and integrity.
Charging a consumer for
services not provided, or misrepresenting the need for a repair.
Honesty and integrity begins right at the application stage for electrical contractors. ESA’s application form requires applicants to attest that information contained within the application is correct. Failure to do so
Invoicing for original or
new parts while installing inferior or different parts.
may give the Director reason to believe that an applicant cannot conduc conductt business with honesty and integrity and may lead to progressive
Charging a consumer for
disciplinary action.
permit fees when a permit was not taken or
Electricians hold a trusted role in our communities. They are invited into consumer’s homes, their advice to consumers is trusted, and the
was not required. Taking advantage of a consumer in an emergency situation and charging unreasonably excessive prices.
professional reputation of the industry relies on public confidence in the quality and business practices of its authorized professionals. The province’s safety system also relies on truthful behaviour from the
Providing false
information as part of an electrical contractor’s application process such as:
electrical profession. The system relies on electrical contractors following the rules set out in the Ontario Electrical Safety Code, which includes following Code rules for how an electrical installation is done, and taking out permits and applying for inspections where required.
o
Misrepresenting the qualification of
Failure to keep proper records, or failure to take out permits where required, means that electrical work may not be known to the regulator
individuals
o
requirements such as compliance with WSIB and Business Tax requirements
and defects that can potentially cause serious harm to persons or property may not be detected. Businesses acting honestly and following the rules protect the public
Misrepresenting that
o
Making any other false or misleading statement that may be relevant to the Director in granting a licence to operate.
from risk and are important considerations when licensing electrical contractor firms. The provincial and federal governments have laws that provide a minimum standard of protection for consumers. They focus on what behaviours are misleading and unfair, what disclosures are necessary for 17
consumers to have sufficient information to enter into contracts, and what remedies are available when something goes wrong. It is important that Licensed Electrical Contractors use honest and fair business practices in the course course of carrying out their elec electrical trical work. ESA will work with contractors and other regulators to promote compliance with the law. However, should the Director become aware of misleading or unfair business practices that are not corrected, progressive disciplinary steps may be taken against the contractor to protect the interests of the public.
Examples of unauthorized persons carrying out electrical work:
Substituting unqualified
Permitting an unauthorized person to carry out activities that require a Licence
persons in place of listed certificate holders to perform electrical work
Electrical contractors have a duty set out in Section 4.(1) of the
Permitting a non-
regulation to ensure that all electrical work carried out on the electrical contractor’s behalf is carried out in accordance with all applicable laws. This
includes the requirement that only qualified persons carry out electrical work that requires a licence. This includes being in full compliance with qualification requirements established through the Ontario College of Trades. Work by unauthorized persons poses a potential risk to public and worker safety. It also undermines the professionalism of the industry and can harm the trust held by members of the public toward the profession. A Licensed Electrical Contractor must use qualified employees to carry out electrical work. Should a licensed contractor need to sub-contract work to non-employees, these individuals or the business must also be licensed as electrical contractors and would be responsible for taking out their own appropriate permits. If hiring temporary employees, these employees would also need to be qualified persons. It is prohibited to take out permits on another licensed contractor’s
behalf or to allow a sub-contractor sub-contractor to work under your licence if they are not employees. Should the ESA Director(s) of Licensing have sufficient reason to believe that a contractor is allowing unauthorized persons to perform electrical work, it may result in progressive disciplinary actions, including the potential suspension, refusal or revocation of a licence. 18
employee to perform work under your Licence or apply for permits under your Licence.
Examples of failure to meet requirements of the Act, Regulations or an order:
Re quirement or a Failure to Comply With or to Meet a Requirement Restriction, Limitation or Condition Under the Act and Regulations
Performing work outside
the scope of a limitation on work that can be performed under a
All license holders must respect the authority of the Director(s) of Licensing and comply with any and all licensing requirements. This
licence (eg. pole line, high voltage)
includes complying with any restrictions, limitations or conditions placed on an electrical contractor’s licence. Failure to comply could result in the suspension or revocation of your licence.
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3. Maste Masterr Electrician Licence A. Who Can Apply for a Master Electrician Licence?
Anyone who is or will be operating a Licensed Electrical Contractor business in Ontario
Anyone who is or will be employed as a Designated Master Electrician by an Licensed Electrical Contractor Contractor business in Ontario
Anyone who wishes to attain a higher level of electrical and business expertise
B. Ensure a Master Electrician Is Designated Sections 4.(2) and 4.(3) of Regulation 570/05 make it clear that a condition of being licensed as an electrical contractor includes the requirement to employ and designate at least one individual as a Designated Master Electrician. In the case of a small licensed contracting business with one owner/employee, this means that the owner must be both the Licensed Electrical Contractor and the Designated Master Electrician.
An electrical contractor must also also be a Designated Master Electrician or must employ a Designated Master Electrician. The Designated Master Electrician must be fully licensed as a Master
The Regulation seeks to ensure that all licensed contractors have at least one employee on staff that is qualified and capable of carrying out the planning, supervisory and safety-related responsibilities that are detailed in this chapter. It is important to note that a Designated Master Electrician cannot be the Designated Master Electrician for more than one electrical contracting business at the same time.
Electrician, and must not be employed as a Designated Master Electrician with more than one electrical contractor.
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C. Responsibilities of a Designated Master Electrician The Licensing Regulation established a consistent province-wide
Responsibilities of a Designated Master Electrician
system and standards for electrical contracting businesses in Ontario.
A Master Electrician designated by an electrical contractor is, within the scope of the designation, responsible,
The position of Designated Master Electrician is essential and a mandatory requirement for Licensed Electrical Contractor businesses in the province. The licensing li censing regulations place a great deal of importance on the Designated Master Electrician as the key person or
(a) for the personal planning and direct supervision of electrical work carried out on behalf of the electrical contractor;
persons within a licensed business to ensure that supervisory, administrative, and safety requirements are followed by the electrical el ectrical contractor at all times. The requirement for each Licensed Electrical Contractor business to
(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
have at least one Designated Master Electrician helps to ensure a standard level of qualification, expertise, and professionalism by ensuring that a single or multiple qualified experts are employed to oversee planning and to oversee electrical work performed on behalf of the business. Where the owner of an electrical contracting business designates an employee as a Designated Master Electrician, it is important to remain aware that both Electrical Contractors and Designated Master
(c) for other matters of a similar nature.
Electricians have specific legal duties and responsibilities for safety matters as well as other requirements set out under the Regulation.
O.Reg 570/05, S.6
Effective communication and decision-making on legal and safety compliance matters should be established to ensure all parties can fulfill their duties and responsibilities and these are well understood by everyone within the organization.
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Personal Planning and Direct Supervision The regulation specifies that the Designated Master Electrician is responsible for “personal planning and direct supervision” of all electrical work performed on behalf of the firm. A LEC and/or his/her DME is responsible to determine and put in place practices that they deem appropriate to fulfill this legal obligation. Based on industry input, below below are examples of good planning and supervision supervision practices. Note that these these are only examples, examples, not a checklist. checklist. Each Licensed Electrical Contractor business must have its own plans and systems in place to ensure these important responsibilities are fulfilled and well understood within their own organizations. .
Personal Planning These are some examples of good industry practices which established electrical contractors have provided:
Providing guidance and mentoring of electrical workers to enhance their skills
and judgment in performing high quality and safe electrical work.
Ensure the proper training and use of personal protective equipment;
Be accountable for the actions of all electrical workers;
Having management plans and plans for dealing with high risk activities
Ensure agendas are set for weekly site meetings and track any issues arising and resolving those issues in a timely manner ie. safety, feedback from workers;
Set out daily, weekly & monthly ‘to do lists’ and ensure they are carried out in a
timely manner;
Keeping a log book outlining day-to-day activities, such as ordering materials, job site meetings, correspondence with site superintendant; superintendant; and
Ensure all corrections or defects are corrected, and ensure consumers are
rotected rotec ted a and nd ssa a e.
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Direct Supervision These are some examples of good industry practices which established electrical contractors have provided:
Ensure all applicable permits are taken out correctly and defects are corrected in
a timely manner;
Plan, coordinate and carry out prescribed work as set out by the LEC; Ensure all workers are qualified to complete the job at hand and ensure all safety
certificates are up to date;
Track & maintain all records such as employee safety training, man hours,
expenditures, job materials to ensure uniformity throughout the project, and other records that show appropriate due diligence;
Maintain regular communication with job foreman or lead hand; and Maintain on on-site presence and regular communication with the job foreman
and lead hand as appropriate.
Additional guidance on how to maintain a health and safety focused Internal Responsibility System can be found on the Ministry of Labour (here), the Workplace Safety and Insurance board (here), and the Infrastructure Health & Safety Association (here) here), websites.
Ensuring Work is Carried Out in Accordance with Applicable Law A Designated Master Electrician has specific responsibilities for ensuring the business complies with all relevant laws. The regulation is deliberate in detailing a number of types of applicable laws that must be followed: safety laws such as the Ontario Electrical Safety Code; health and safety laws such as the Occupational Health and Safety Act; and Consumer Protection Laws such as the Consumer Protection Act. These are only examples and are not an exhaustive list. It is up to the the individual to know which laws are relevant
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to the safe and appropriate operation of their business. Some safety, health and safety, and consumer protection laws that may be relevant to Designated Master Electricians include: Ontario Electrical Safety Code; Electricity Act, 1998 and O. Reg. 570/05 (Licensing of Electrical Contractors and Master Electricians)
Ontario 1997 ; College of Trades and Apprenticeship Act, 2009Workplace Safety and Insurance Act, Occupational Health and Safety Act, 1990 ; Employment Standards Act, 2000; Consumer Protection Act, 2002; and Relevant business tax laws Desi nated Master Master Ele Electrici ctricians ans ar are e res onsibl onsible e tto o ensure ensure the busine business ss com lies with such laws
D. Eligibility to become a Master Electrician
Master Electrician Prohibitions:
Not every electrician with a relevant Certificate of Qualification is automatically eligible to apply to become a Master Electrician. There are some
1. A Master Electrician shall not accept a designation from an
basic minimum requirements that are summarized below:
electrical contractor unless
1. Be at least 18 years of age;
the Master Electrician is
2. Demonstrate at least three years’ experience,
actively employed by the
a) practising the trade of electrician — construction and maintenance,
designating electrical
electrician — domestic and rural or industrial electrician el ectrician under a
contractor. 2. A Master Electrician shall not
certificate of qualification in the applicable trade that is not suspended, or suspended, or
act in the capacity of a
b) working for an electrical contractor as a licensed professional
Designated Master
engineer registered with the Professional Engineers of Ontario, Ontario , or
Electrician for more than one
c) working for an electrical contractor in the capacity of a certified
electrical contractor at a
engineering technician or a certified engineering technologist
time.
3. A Master Electrician shall not carry out electrical work
registered with the Ontario Association of Certified Engineering Technicians and Technologists, or or d) practising the trade of powerline technician under a certificate of
unless they hold a valid
qualification in that trade that is not suspended.
certificate of qualification as
3. Have passed the Master Electrician Qualifying Examination within the
required by the Ontario College of Trades.
12 month period preceding the date of the licence l icence application; and 4. Not owe the ESA any money for which payment arrangements have
O.Reg. 570/05, S.X S.X
not been made.
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E. Application Requirements for more information about application requirements go to to www.esasafe.com www.esasafe.com..
To apply for an Master Electrician licence you will need:
Copy of your valid Certificate of Qualification, Professional Engineer
Licence., or Certified Engineering Technician or Technologist Certificate, as applicable
Copy of documented Master Electrician Certificate of Examination
with a passing grade
List of qualifying three years trade experience or experience
working for an electrical contractor as required
Employer information, if named as the Designated Master
Electrician
Photo of passport-quality and size Licence Fee (go to to www.esafe.com www.esafe.com for licensing fees.)
F. Prohibitions for Master Electricians Designated Master Electrician Must Be An Employee of the Licensed Electrical Contractor A Master Electrician cannot act as a Designated Master Electrician for an electrical contractor unless he or she is an employee for that contractor. (Note: a Licensed Electrical Contractor can him/herself be the Designated Master Electrician of his/her company if he/she meets the requirements.) The regulation states that “the use in this Regulation of “employ” and
The Master Exam
“employee” refers to the employer-employee relationship and not to an arrangement “whereby a person engages an independent contractor to work
Reference Material can be
on the person’s behalf. “ This requirem requirement ent is consistent with the the employer-
www.esasafe.com www.esasafe.com
downloaded for free at
employee relationship guidance provided by the Canada Revenue Agency (CRA). ESA must be assured that all Designated Master Electricians fit within these definitions.
ESA and other organizations also offer preparatory training. A
As part of the process for designating a Master Electrician, candidates are required to complete an Acknowledgement of Responsibility form that asks the designated person to affirm that they are actively employed by the Licensed Electrical Contractor Contractor and that they assume the responsibili responsibilities ties that come with the position such as the personal planning and direct supervision of electrical work and to ensure applicable laws are followed. 25
range of classroom, online, and self-study options are available.
To help clarify the requirement that a Designated Master Electrician be an employee of an electrical contractor, some examples of practices that are not permitted include:
Designating a Master Electrician who is not an employee
a Master Electrician who is contracted as an independent Designating contractor
Designating a Master Electrician who is only a part-time employee for a
contractor but has supervisory, planning and safety responsibilities for workers who are employed full-time.
Designated Master Electrician Can Only Work For One Licensed Electrical Contractor at a time The regulation makes it clear that a person who is a Designated Master Electrician for a Licensed Electrical Contractor cannot act as a Designated Master Electrician for any other Licensed Electrical Contractor at the same time. This requirement helps to ensure that the focus of the Designated Master Electrician is exclusively on the safety and workers of a single electrical contracting business.
To help clarify the requirement that a Designated Master Electrician must work for only one electrical contractor at a time, some examples of practices that are not permitted include: include:
Allowing a Designated Master Electrician to periodically take on work of their
own.
A Designated Master Electrician who does work for a homeowner who takes out
their own permit for the contractor to perform electrical work.
Must Have Appropriate Certificate of Qualification A licensed Master Electrician must be qualified to carry out their responsibilitiess to ensure work is carried out skillfully and safely. This includes responsibilitie ensuring that the Designated Master Electrician holds the appropriate 26
Certificates of Qualification, P.Eng or CET to effectively supervise the kinds of Certificates work that a Licensed Electrical Contractor business and its employees perform.
Other Requirements for Master Electricians This guide and section focuses on requirements for Designated Master Electricians. Master Electricians Electricians also have requirements that are not captured in this guide. For more information of licensing requirements for Master Electricians click click here. here.
G. Master Electrician Licence Examination One of the requirements to become a licensed Master Electrician is demonstrating the required knowledge to carry out the various responsibilities of the position. Applicants must take and pass the Master Electrician Examination that is developed and administered by ESA. The exam includes knowledge of the requirements of the Ontario Electrical Safety Code, Occupational Health and Safety Act, important legislation, electrical calculations, calculations, and common trade and business practices. The Master Electrician Examination is only offered through the Electrical Safety Authority and examination dates and application forms are available at www.esasafe.com. www.esasafe.co m. ) The Master Electrician Examination is based on the current edition of the Ontario Electrical Safety Safety Code. An outline of the examination and further further information is also available on the website. For more detailed information related to the exam and courses visit www.esasafe.com.. www.esasafe.com
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Appendix 1 - Frequently Asked Questions
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Appendix 2 – Origins of Contractor Licensing In Onta Ontario rio Prior to the passage into law of Ontario Regulation 570/05 (Licensing of Electrical Contractors Contractors and Master Electricians) there was no province-wide province-wide regulation of electrical contracting businesses in Ontario. In 1991, the Electrical Contractors Association Association of Ontario, with the support and participation of the Ontario Electrical League and Ontario Hydro's former Electrical Inspection Division (later to become the Electrical Safety Authority), created the Electrical Contractor Registration Agency (ECRA). ECRA’s vision and dedicated efforts played a central role in promoting professionalism professionalis m across the industry through the creation and administration of Master Electrician exams, courses, building municipal reciprocal recognition programs, and, ultimately, in supporting the case for province-wide standards.
With the provincial government’s passage into law of Ontario Regulation 570/05 (the Regulation) and updates to Part VIII of the Electricity Act , a province-wide licensing program has been in place since 2007. Provincial licensing helps to create a level-playing field that recognizes recognizes the professional qualifications of electricians, promotes the protection of consumers, and, most importantly, helps to protect the public, workers, and consumers from the potential dangers associated with electrical work.
The Electrical Safety Authority (ESA) is responsible for administering the licensing of electrical contractors and Master Electricians in the Province of Ontario. ECRA continues to support the licensing program through their ongoing development of Master Electrician examinations and their role in developing and recommending guidelines and policies to ESA to strengthen the licensing of electrical contractors in the province.
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