ontario regulation 253/08

made under the

technical standards and safety act, 2000

Made: June 17, 2008
Filed: July 16, 2008
Published on e-Laws: July 17, 2008
Printed in The Ontario Gazette: August 2, 2008


Amending O. Reg. 215/01

(Fuel Industry Certificates)

1. (1) Subsection 1 (1) of Ontario Regulation 215/01 is amended by adding the following definition:

“approved” means, with respect to an appliance or component, that the appliance or component bears the label or symbol of a designated testing organization or a label or symbol authorized by the director, certifying that it complies with a standard or laboratory test report that is listed in the document entitled “Titles of Standards and Laboratory Test Reports Authorized in the Province of Ontario under the Act”, dated August 2002, published by the Technical Standards and Safety Authority and available through its Internet website, or that it was listed in a predecessor to that document;

(2) The definition of “direct supervision” in subsection 1 (1) of the Regulation is amended by striking out “of” after “supervision” and substituting “provided by”.

(3) The definition of “general supervision” in subsection 1 (1) of the Regulation is amended by striking out “of” after “supervision” and substituting “provided by”.

(4) The definition of “record of training” in subsection 1 (1) of the Regulation is amended by striking out “approved” and substituting “accredited”.

(5) Section 1 of the Regulation is amended by adding the following subsections:

(3) A reference in this regulation to “director’s order” is a reference to a safety order under section 14 of the Act, a public safety order under section 31 of the Act or an authorization under clause 36 (3) (a) of the Act. 

(4) The document incorporated by reference in the definition of “approved” in subsection (1) includes amendments made to the document from time to time after Ontario Regulation 253/08 is made.

2. Subsection 2 (2) of the Regulation is amended by striking out “and this Regulation” at the end and substituting “this Regulation and any applicable director’s order”. 

3. (1) Paragraph 7 of subsection 3 (1) of the Regulation is amended by striking out “vehicles (an “ICE-IV certificate”)” at the end and substituting “equipment (an “ICE-IE certificate”)”.

(2) Paragraphs 18 and 19 of subsection 3 (1) of the Regulation are revoked and the following substituted:

18. A propane cylinder inspector (a “PCI certificate”).

19. A propane truck operator (a “PTO certificate”). 

(3) Paragraphs 24 and 25 of subsection 3 (1) of the Regulation are revoked.

(4) Subsection 3 (1) of the Regulation is amended by adding the following paragraphs:

35. A gas utility technician 1 (a “GUT-1 certificate”).

36. A gas utility technician 2 (a “GUT-2 certificate”).

4. Section 4 of the Regulation is revoked and the following substituted:

Expiry and renewal of certificates

4. (1) A person who fails to renew his or her certificate before it expires shall not do any work under the certificate after the date of expiry.

(2) A certificate or renewal of a certificate expires on the date indicated on the certificate.

(3) An application for renewal of a certificate may be made before its date of expiry or within one year after it has expired.

(4) A person who applies for a renewal of a certificate before the date of expiry or within one year after the date of expiry shall successfully complete an upgrading course by the date specified by the director.

(5) An application for renewal of a certificate that is made one year or more after the expiry date shall be treated as a new application and all requirements relating to new applications apply.

(6) The addition of a designation to a certificate after the certificate is issued does not change the expiry date of the certificate.

5. (1) Subsection 5 (1) of the Regulation is amended by striking out “organization” and substituting “provider”.

(2) Subsection 5 (4) of the Regulation is revoked and the following substituted:

(4) If the applicant fails the examination or series of examinations on three successive attempts, the applicant shall successfully complete the program described in subsection (1) after making the unsuccessful attempts and before taking the examination or series of examinations again, and subsection (5) does not apply.

(5) An applicant is not required to comply with subsection (1) if the director is satisfied that the applicant possesses the necessary knowledge and competence with respect to each class of certificate sought by the applicant. 

6. (1) Section 8 of the Regulation is amended by striking out “subsection 5 (1)” in the portion before paragraph 1 and substituting “section 5”.

(2) Paragraph 2 of section 8 of the Regulation is amended by striking out “nine” and substituting “six”.

7. Section 9 of the Regulation is revoked.

8. Subsection 10 (1) of the Regulation is revoked and the following substituted:

Additional requirements for IMT certificate

(1) In addition to the requirements set out in section 5, an applicant for an IMT certificate shall meet the following requirements:

1. The applicant shall be employed in an industrial or institutional establishment equipped with fuelled appliances or by a manufacturer of fuelled appliances.

2. The applicant shall have received training from an accredited training provider approved by the director for the work that a holder of an IMT certificate may carry out. 

9. The Regulation is amended by adding the following section: 

Additional requirement for RST-NG certificate

12.1 In addition to the requirements set out in section 5, an applicant for an RST-NG certificate shall be the holder of a G3 certificate.

10. Subsections 13 (2), (3) and (4) of the Regulation are amended by striking out “IV” wherever it appears and substituting in each case “IE”.

11. (1) Paragraph 1 of section 14 of the Regulation is amended by striking out “or an IMT”.

(2) Paragraph 2 of section 14 of the Regulation is amended by striking out “either as an OBT-2 or as an IMT” and substituting “as an OBT-2 certificate holder”.

12. Paragraph 1 of section 15 of the Regulation is amended by striking out “stationary” and substituting “operating”.

13. Section 18 of the Regulation is revoked.

14. (1) Paragraph 1 of subsection 22 (1) of the Regulation is amended by adding “including the completion of the pressure test tag” at the end.

(2) Subsection 22 (3) of the Regulation is revoked.

15. Subsection 28 (1) of the Regulation is amended by striking out “IV” in the portion before clause (a) and substituting “IE”.

16. (1) Subsection 29 (2) of the Regulation is amended by adding the following paragraph:

4. Install venting.

(2) Subsection 29 (3) of the Regulation is amended by striking out “The person” at the beginning and substituting “A person referred to in subsection (1)”.

17. Subsections 30 (2) and (3) of the Regulation are revoked.

18. (1) Section 33 of the Regulation is amended by striking out “direct” in the portion before paragraph 1 and substituting “general”.

(2) Section 33 of the Regulation is amended by adding the following subsection:

(2) The holder of an RV.2 certificate may also, under the direct supervision of a holder of an RV.1 certificate, carry out any of the functions that fall within the scope of the supervising certificate holder’s certificate.

19. Section 34 of the Regulation is amended by striking out “a training organization” in the portion before paragraph 1 and substituting “an accredited training provider”.

20. Section 35 of the Regulation is amended by striking out “a training organization” in the portion before paragraph 1 and substituting “an accredited training provider”.

21. Section 36 of the Regulation is amended by striking out “a training organization” and substituting “an accredited training provider”.

22. Subsection 37 (1) of the Regulation is amended,

(a) by striking out “PCI-1” and substituting “PCI”; and

(b) by striking out “a training organization” and substituting “an accredited training provider”. 

23. (1) Section 38 of the Regulation is amended, 

(a) by striking out “PTO-1” and substituting “PTO” and by striking out “a training organization” and substituting “an accredited training provider” in the portion before paragraph 1; and

(b) by adding the following paragraph:

4. Reactivate an existing customer’s equipment in accordance with the manufacturer’s lighting instructions in the event of loss of fuel supply.

(2) Section 38 of the Regulation is amended by adding the following subsection:

(2) A person referred to in subsection (1) shall not perform initial activation of a new appliance or a newly converted appliance.

24. Subsection 39 (2) of the Regulation is revoked and the following substituted:

(2) A person who is certified to carry out the functions described in subsection (1) may also do the following:

1. Install, repair, service, activate, remove or alter the piping or tubing supply system of an appliance or a component in the system.

2. Install, repair, service, activate, remove or alter any vent connector, draft control device or other component in an appliance venting system.

3. Disconnect and reconnect water piping in order to exchange, service or install an approved appliance and to carry out the replacement of water pipe necessary to complete the reconnection or installation of controls, control systems, components and accessories that are essential to the operation of the appliance, but the person shall not perform any additional plumbing unless the person is also the holder of a valid certificate of qualification as a plumber or steamfitter issued under the Trades Qualification and Apprenticeship Act. 

4. Install, service, remove or replace components and accessories that form part of the fire-side of a refrigerating or air-conditioning unit, but the person shall not perform any work beyond the fire-side unless the person is also the holder of a certificate of qualification as a refrigeration and air-conditioning mechanic under the Trades Qualification and Apprenticeship Act.

5. Maintain, service or replace a mechanical or electrical component or accessory that forms part of an appliance or system or that is essential to its operation, whether the components or accessories are attached to the appliance or system directly or remotely.

6. Perform the tasks that are necessary to replace controls and components that form part of an appliance or system and that are essential to the operation of the appliance or system, whether they are attached to it directly or remotely.

7. Install, repair, service and maintain electrical wiring from an existing branch circuit containing over current protection to appliances in order to exchange, service, repair or install an approved appliance and carry out the replacement of electrical wiring necessary to complete the reconnection or installation of controls, control systems, components and accessories that are essential to the operation of the appliance, but the person shall not run wiring back to the electrical supply panel or perform any additional wiring unless the person is a holder of a valid certificate of qualification as an electrician issued under the Trades Qualification and Apprenticeship Act.

8. Install, repair, service, remove or replace the plenum connection or components that form part of the plenum connection in order to complete the installation of an oil-fired appliance but the person shall not perform any sheet metal work beyond the plenum connection unless the person is the holder of a certificate of qualification as a sheet metal worker issued under the Trades Qualification and Apprenticeship Act.

9. Install, repair, alter, purge, service or remove aboveground tanks that have a capacity not greater than 5,000 litres.

10. Service a flue where an oil appliance is vented through the same flue as a gas appliance.

25. (1) Subsection 40 (1) of the Regulation is amended by adding “inspect” after “install”.

(2) Subsections 40 (2) and (3) of the Regulation are revoked and the following substituted:

(2) When performing a function described in subsection (1), the person may do the following:

1. Perform the functions described in paragraphs 1 to 10 of subsection 39 (2) that the holder of an OBT-1 certificate may perform.

2. Under the direct supervision of a holder of an OBT-1 certificate, perform all of the functions that fall within the scope of the supervising certificate holder’s certificate.

26. (1) Subsection 41 (1) of the Regulation is amended by adding “but only if the person has demonstrated the essential skills required to perform such work and has had that experience documented and signed-off by the supervising certificate holder in a form as set out and published by the director” after “gallons per hour” in the portion before paragraph 1.

(2) Subsection 41 (1) of the Regulation is amended by adding the following paragraph:

0.1 Perform a comprehensive inspection.

(3) Subsection 41 (2) of the Regulation is revoked and the following substituted:

(2) The person who is the holder of an OBT-3 certificate may, under the direct supervision of a person who is the holder of an OBT-1 or OBT-2 certificate, carry out any of the functions that fall within the scope of the supervising certificate holder’s certificate. 

(3) A person referred to in subsection (1) shall not perform the initial activation of a new appliance or a newly converted appliance.

27. Sections 43 and 44 of the Regulation are revoked.

28. (1) Paragraph 3 of subsection 46 (2) of the Regulation is revoked and the following substituted:

3. Reactivate an existing customer’s equipment in accordance with the manufacturer’s lighting instructions in the event of loss of fuel supply.

(2) Subsection 46 (3) of the Regulation is amended by striking out “The person” at the beginning and substituting “A person referred to in subsection (1)”.

29. Section 48 of the Regulation is amended by striking out “less than 400,000 Btuh” at the end and substituting “400,000 Btuh or less”.

30. Section 50 of the Regulation is amended by striking out “less than 400,000 Btuh” at the end and substituting “400,000 Btuh or less”.

31. Section 52 of the Regulation is amended by adding the following subsection:

(3) Despite subsection (1), a holder of a CDT certificate is not permitted to activate initially equipment referred to in that subsection, unless the certificate holder has at least one year of work experience as a CDT certificate holder on such equipment. 

32. The Regulation is amended by adding the following sections:

GUT-1 certificate

52.2 (1) A person who is the holder of a GUT-1 certificate may inspect, test, adjust, purge or activate a natural gas appliance and the equipment and accessories essential to its operation but only during those hours that the certificate holder is working as an employee of a natural gas distributor. 

(2) A person referred to in subsection (1) may also do the following:

1. Inspect, test, repair, adjust, alter, purge, activate or reactivate any piping or tubing, or component in a piping or tubing system, to an appliance downstream of the natural gas meter.

2. Inspect, test, repair, adjust, activate or reactivate any vent, vent connector, draft control device or other component in an appliance venting system.

3. Disconnect and reconnect water piping in order to inspect, test, adjust, activate or reactivate approved appliances or controls, control systems, components and accessories that are essential to the operation of the appliance, but the person shall not perform any additional plumbing unless the person is also a holder of a valid certificate of qualification as a plumber or steamfitter issued under the Trades Qualification and Apprenticeship Act.

4. Inspect, test, repair, adjust, activate or reactivate a mechanical or electrical component or accessory that forms part of an appliance or that is essential to the operation of the appliance.

5. Perform such tasks as are necessary to inspect, test, repair, replace and adjust controls and components that form part of an appliance.

6. Disconnect and reconnect electrical wiring in order to inspect, test, activate or reactivate an approved appliance and carry out the replacement of electrical wiring necessary to complete the reconnection of controls, control systems, components and accessories that are essential to the operation of the appliance; but the person shall not perform any additional wiring unless the person is also the holder of a valid certificate of qualification as an electrician issued under the Trades Qualification and Apprenticeship Act.

7. Inspect a flue where an oil appliance is vented through the same flue as a gas appliance.

(3) A natural gas distributor who employs a holder of a GUT-1 certificate shall immediately advise the director when the certificate holder ceases to be employed by the distributor.

GUT-2 certificate

52.3 (1) A person who is the holder of a GUT-2 certificate may inspect, test, purge, activate or remove a natural gas appliance that has an input of 400,000 Btuh or less and the equipment and accessories essential to its operation but only during those hours that the certificate holder is working as an employee of a natural gas distributor.  

(2) A person referred to in subsection (1) may also do the following:

1. Perform the functions described in paragraphs 1 to 7 of subsection 52.2 (2) that the holder of a GUT-1 certificate may perform on a natural gas appliance that has an input of 400,000 Btuh or less and the equipment and accessories essential to its operation.

2. Under the direct supervision of a person who is a holder of a GUT-1 certificate, perform all of the functions that fall within the scope of the supervising certificate holder’s certificate as set out in this Regulation.

(3) A natural gas distributor who employs a holder of a GUT-2 certificate shall immediately advise the director when the certificate holder ceases to be employed by the distributor.

33. Section 54 of the Regulation is revoked and the following substituted:

Record of training

54. A person holding a record of training is required to undergo either full retraining or skills retesting at three year intervals or, if the competence of the person is in question, at shorter intervals as set by the director. 

34. (1) Paragraph 3 of subsection 55 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

3. Reactivating an appliance, in accordance with the certified lighting instructions of its manufacturer, located in a detached dwelling that is owned and occupied by the person,

. . . .  .

(2) Paragraph 4 of subsection 55 (1) of the Regulation is amended by striking out “PCI-1, PTO-1” and substituting “PCI, PTO”.

35. This Regulation comes into force on August 1, 2008.