guide to the duties and responsibilities of licensed electrical contractors and master electricians

8/10/2019 Guide to the Duties and Responsibilities of Licensed Electrical Contractors and Master Electricians

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ELECTRICAL CONTRACTOR REGISTRATION

AGENCY OF THEElectrical Safety Authority

Guide to the Duties andResponsibilities 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the Guide may be revised or withdrawn at any time without prior notice.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 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. Introduction .................................................................................................. 6

A. Purpose: .................................................................................................... 6

B. The Legal Framework ............................................................................... 6

C. Authority: .................................................................................................. 62. Electrical Contractor Licence ........................................................................ 7

A. Electrical 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 Requirements and Conditions of Electrical Contactor

Licenses ................................................................................................... 11

Licence Display and Posting Requirements ........................................... 11

Maintaining Records .............................................................................. 11Notice Requirements ............................................................................. 12

Licence Renewal .................................................................................... 13

Sub-Contracting to Unlicensed Electrical Contractors Is Not

Permitted..13

Returning an Expired, Suspended or Revoked Licence (section 24) ..... 14

D. Reasons for Refusal, Suspension or Revocation of Electrical Contractor

Licenses ................................................................................................... 15

Failure toCarry Out Activities in Accordance with the Law .................. 15

Failure toCarry Out Activities Safely ..................................................... 16

Failure toHave the Basic Resources to Carry Out the Activities or Have

Necessary Training, Experience, Qualifications or Skills ....................... 16

Failure toConduct Ones 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 Licence .......................................................................... 20

A. Who Can Apply for a Master Electrician Licence? .................................. 20

B. Ensure a Master Electrician Is Designated ............................................. 20

C. Responsibilities of a Designated Master Electrician ............................... 21

Personal Planning and Direct Supervision ............................................. 22Ensuring Work is Carried Out in Accordance with Applicable Law ....... 23

D. Eligibility to become a Master Electrician .............................................. 24

E. Application Requirements ...................................................................... 25

F. Prohibitions for Master Electricians ....................................................... 25

Designated Master Electrician Must Be An Employee of the Licensed

Electrical Contractor .............................................................................. 25


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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 Electricians27

G. Master Electrician Licence Examination ................................................. 27

Appendix 1 - Frequently Asked Questions ......................................................... 28

Appendix 2Origins of Contractor Licensing In Ontario ................................... 29


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1.IntroductionA.Purpose:

The purpose of this document is to provide a plain-language guide regarding

the duties of Licensed Electrical Contractors and responsibilities of Designated

Master Electricians who are licensed under the Electricity Act, 1998 (Act)and

Regulation 570/05. This guide is intended to assist them in understanding their

legal obligations.

B.The Legal Framework

The licensing of electrical contractors and Master Electricians in Ontario is

defined by Part VIII of the Electricity Act, 1998and Ontario Regulation 570/05

(the licensing of electrical contractors and master electricians). Throughoutthis document, we refer to specific sections of the Act and Regulation.

To view the Act and Regulation in full go towww.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 andRegulations, 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 development of Master

Electrician examinations, and developing and recommending guidelines and

policies to strengthen the licensing of electrical contractors and Master

Electricians in the province.
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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

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. Ontario Regulation 570/05, Section 1

2.Electrical Contractor Licence

A.Electrical Contractors Must Be Licensed

Every electrical contracting business that carries out electrical work governed

by the Ontario Electrical Safety Code is required to hold a valid Electrical

Contractor Licencethis requirement has been in place since January 1, 2007.

The Electrical Safety Authority administers the licensing program in Ontario.

Eligibility for an Electrical Contractor Licence

There are some minimum criteria for a person to be eligible to apply for an

Electrical 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

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.

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.

Unlicensed contractors

may be charged under

the Act and are subject

to penalties and fines.

Applying for an

Electrical

Contractor

Licence

To find information

and forms on how to

apply for an Electrical

Contractor Licence,

visit the ESA/ECRA

website at

www.esasafe.com or

by calling ESA at 1-877-

372-7233.


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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 industrial establishment or a farm if done

by an owner, operator or an 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 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 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).

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 under the Technical Standards and Safety Act, 2000 (TSSA).

Maintenance, Service or Repair of Electrical Equipment 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 2-

000 of the Ontario Electrical Safety Code. O.Reg. 570/05, 2

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 thelist below, the business is required to apply for and obtain an authorization for

an electrical contractors licence.


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B. Duties of a Licensed Electrical Contractor

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 Ensuring that a Master Electrician is designated.

Ensure All Applicable Laws Are Followed

Section 4.(1) of the regulation states that an electrical contractor shall

ensure that all electrical work carried out on the electrical contractors

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.

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)

Section F of this guide describes some of the criteria established in the

Electricity Actfor potentially refusing, suspending or revoking an electrical

contractor or Master Electricians licence. Examples of failure to observe

safety and consumer protection laws that are applicable to licensing

decisions are also provided.

The licensing regulation requires

LECs to ensure all applicable

laws are followed. Some

examples of applicable laws

include:

the Ontario Electrical Safety

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

Insurance Act, 1997;

Occupational Health and

Safety Act, 1990;

Employment Standards Act,

2000;

Consumer Protection Act,

2002; and

Relevant business tax laws

among others.

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

contractors 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

An electrical contractor

must also be a Designated

Master Electrician or must

employ a Designated

Master Electrician.

The Designated Master

Electrician must be fully

licensed as a Master

Electrician, and must not be

employed as a Designated

Master Electrician with

more than one electrical

contractor.


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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 must be satisfied 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 atwww.esasafe.com.

Section 4(2) and 4(3): Duties of an Electrical Contractor: Designating A Master Electrician

(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 contractors behalf.

(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.

The Licensing Regulationis cleathat at least one Master

Electrician must be designated

by a Licensed Electrical

Contractor.
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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 contractorslicence. These

are important requirements to ensure that the licence remains in goodstanding.

Licence Display and Posting Requirements

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.

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.

Posting of Licence (section 17)

An electrical contractor must post the licence in a prominent location

at the contractors principal place of business in a manner that the

public is likely to see it. If an electrical 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.

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.

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.

Maintaining Records

The licensing regulation requires certain records and information be kept

and maintained. This includes:

The Licensing Regulation

requires electrical

contractors to keep

records of all Designated

Master Electricians.

Also, electrical

contractors must retain

a copy of all documents

provided to ESA as part

of their application or

renewal of their licence.

The display and posting

requirements for

licenses help to give

consumers confidence

that they are doing

business with a qualified

and licensed expert.

Licensing staff and ESA

inspectors have the

authority to verify that

licensed contractors are

complying with these

requirements.


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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

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.

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.

Notice of Changes to Information forms are available on ESAs

website at www.esasafe.comor by calling 1-877-372-7233.

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 ESAs Director of Licensing in writing

within 5 business days and cease to continue working until such time

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

information;

Notice of failure to

meet licence

requirements; and

Notice of loss of

designated master

electrician.

The contractor must use

the required form to notify

the ESA and include any

relevant documentation.

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

regarding the loss of, or

replacement of a

Designated Master

Electrician.

Note:

When legislation or

regulations state that a

person shall or must

do something, it is a

requirement in law that

is mandatory


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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 Electricianwithin 60 days or the extension period. Please see our website at

www.esasafe.comor call us at 1-877-372-7233 to ensure you remain

in compliance with this important requirement.

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 ESAs

website at www.esasafe.comor by calling 1-877-372-7233.

Licence Renewal

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 renewal and have the renewed licence back in the hands of the

contractor by the time the old one expires. It is not permitted for 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 PermittedA 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

(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 persons behalf.

O. Reg. 570/05, 1(2)

Electrical contractors

must apply for their

licence renewal within

30 days of expiry.

Contractors cannotoperate without a valid

licence


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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 contractors behalf or

to allow a sub-contractor to work under another contractors 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 ESAs property.

Additionally, should an electrical contractors 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.comor call ESA at 1-

877-372-7233.


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D.Reasons for Refusal, Suspension or Revocation of

Electrical Contractor Licenses

ESAs 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 insubsection 2 of Section 113 of the Electricity Act.

The reasons for a refusal, suspension, or revocation of a contractorslicence

include failure to::

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,

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 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.

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:

o invoicing for parts

not used

o

substituting partsof a lesser quality

o misrepresenting

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.


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Failure to Carry Out Activities Safely

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.

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, Experience,

Qualifications or Skills

In some cases, a contractor or applicant may be found to not have

the basic resources expected for an electrical contractor. The term

basic resources refers to such things as the minimum assets,

supplies or possessions required for a Licensed Electrical Contractor

to safely and lawfully carry out his/her duties and the activities

requiring a licence in order to protect consumers.

In determining whether a contractor or applicant is in compliance

with this requirement, the Director will review the individual

circumstances of the contractor or applicant to determine what

would be required to satisfy this requirement on a case-by-case basis.

The Director may also encounter evidence that a Licensed Electrical

Contractor demonstrates a lack of training, experience, qualifications

or skills. Again, the contractors history and efforts to comply with

requirements would need to be assessed as well as the potential

Examples of unsafe activities

that may be relevant to the

Director:

A contractor is found to have

been working with energized

equipment Failure to use proper

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.

Examples of what constitutes

lacking the basic resources,

training, or qualifications

expected of an electrical

contractor could include:

Workers do not have or use

proper personal protective

equipment

Evidence of a lack of basic

administrative capabilities

such as an inability to

consistently follow required

processes for permit

application,

Inability to provide training

and related materials to

workers.

Evidence that a contractor is

unable to carry out work

obligations or inadequatelystaffed.

A contractor who no longer

has employees with C of Qs

for certain types of electrical

work.


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impact that a lack of training, experience, qualifications or skills could

have on public safety among other things.

Failure to Conduct Ones Self with Honesty and Integrity or

Protecting Consumers, and Misrepresentation or Fraud in

Obtaining a LicenceConsistent with most regulated business sectors, ESAs Director(s) of

Licensing must be satisfied that licence holders will conduct themselves

with honesty and integrity.

Honesty and integrity begins right at the application stage for electrical

contractors. ESAs application form requires applicants to attest that

information contained within the application is correct. Failure to do so

may give the Director reason to believe that an applicant cannot conduct

business with honesty and integrity and may lead to progressivedisciplinary action.

Electricians hold a trusted role in our communities. They are invited into

consumers homes, their advice to consumers is trusted, and the

professional reputation of the industry relies on public confidence in the

quality and business practices of its authorized professionals.

The provinces safety system also relies on truthful behaviour from the

electrical profession. The system relies on electrical contractors

following the rules set out in the Ontario Electrical Safety Code, whichincludes following Code rules for how an electrical installation is done,

and taking out permits and applying for inspections where required.

Failure to keep proper records, or failure to take out permits where

required, means that electrical work may not be known to the regulator

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

from risk and are important considerations when licensing electricalcontractor 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

Some examples of honesty

and integrity issues that may

raise concerns about a

licensed contractor or

applicant include:

Including false or

misleading information

on an application for a

licence.

Charging a consumer for

services not provided, or

misrepresenting the need

for a repair.

Invoicing for original or

new parts while installing

inferior or different parts.

Charging a consumer forpermit fees when a

permit was not taken or

was not required.

Taking advantage of a

consumer in an

emergency situation and

charging unreasonably

excessive prices.

Providing false

information as part of an

electrical contractors

application process suchas:

oMisrepresenting the

qualification of

individuals

oMisrepresenting that

requirements such as

compliance with WSIB

and Business Tax

requirements

oMaking any other false

or misleading statementthat may be relevant to

the Director in granting

a licence to operate.


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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 of carrying out their electrical 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.

Permitting an unauthorized person to carry out activities that

require a Licence

Electrical contractors have a duty set out in Section 4.(1) of the

regulation toensure that all electrical work carried out on the electrical

contractors 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 carryout 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 contractors

behalf or to allow a 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.

Examples of unauthorized

persons carrying out electrical

work:

Substituting unqualified

persons in place of listed

certificate holders to

perform electrical work

Permitting a non-

employee to perform

work under your Licenceor apply for permits

under your Licence.


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Failure to Comply With or to Meet a Requirement or a

Restriction, Limitation or Condition Under the Act and

RegulationsAll license holders must respect the authority of the Director(s) of

Licensing and comply with any and all licensing requirements. This

includes complying with any restrictions, limitations or conditions

placed on an electrical contractors licence. Failure to comply could

result in the suspension or revocation of your licence.

Examples of failure to meet

requirements of the Act,

Regulations or an order:

Performing work outside

the scope of a limitation

on work that can be

performed under alicence (eg. pole line, high

voltage)


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3. Master 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 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 acondition 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.

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.

An electrical contractor must also

be a Designated Master

Electrician or must employ a

Designated Master Electrician.

The Designated Master Electrician

must be fully licensed as a Master

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

system and standards for electrical contracting businesses in Ontario.

The position of Designated Master Electrician is essential and a

mandatory requirement for Licensed Electrical Contractor businesses

in the province. The licensing regulations place a great deal of

importance on the Designated Master Electrician as the key person or

persons within a licensed business to ensure that supervisory,

administrative, and safety requirements are followed by the electrical

contractor at all times.

The requirement for each Licensed Electrical Contractor business tohave 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 MasterElectricians have specific legal duties and responsibilities for safety

matters as well as other requirements set out under the Regulation.

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.

Responsibilities of a

Designated Master Electrician

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


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Personal Planning and Direct Supervision

The regulation specifies that the Designated Master Electrician is responsible for

personal planning and direct supervisionof 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 are examples of good planning and supervision

practices. Note that these are only examples, not a 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 andresolving 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; and

Ensure all corrections or defects are corrected, and ensure consumers are

rotected and sa e.


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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), 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 indetailing 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 individual to know which laws are relevant

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.
http://www.labour.gov.on.ca/english/hs/pubs/mining/syn_minirs_2.phphttp://www.labour.gov.on.ca/english/hs/pubs/mining/syn_minirs_2.phphttp://www.labour.gov.on.ca/english/hs/pubs/mining/syn_minirs_2.phphttp://www.wsib.on.ca/files/Content/Downloadable%20File3171A/3171A_Internal_Responsibility_System.pdfhttp://www.wsib.on.ca/files/Content/Downloadable%20File3171A/3171A_Internal_Responsibility_System.pdfhttp://www.wsib.on.ca/files/Content/Downloadable%20File3171A/3171A_Internal_Responsibility_System.pdfhttp://www.ihsa.ca/about/index.cfmhttp://www.ihsa.ca/about/index.cfmhttp://www.ihsa.ca/about/index.cfmhttp://www.ihsa.ca/about/index.cfmhttp://www.wsib.on.ca/files/Content/Downloadable%20File3171A/3171A_Internal_Responsibility_System.pdfhttp://www.labour.gov.on.ca/english/hs/pubs/mining/syn_minirs_2.php


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Master Electrician Prohibitions

1.

A Master Electrician shall n

accept a designation from

electrical contractor unless

the Master Electrician is

actively employed by the

designating electrical

contractor.

2.

A Master Electrician shall n

act in the capacity of a

Designated Master

Electrician for more than o

electrical contractor at a

time.

3. A Master Electrician shall n

carry out electrical work

unless they hold a valid

certificate of qualification a

required by the Ontario

College of Trades.

O.Reg. 570/05, S.X

to the safe and appropriate operation of their business.

D.Eligibility to become a Master Electrician

Not every electrician with a relevant Certificate of Qualification is

automatically eligible to apply to become a Master Electrician. There are some

basic minimum requirements that are summarized below:

1. Be at least 18 years of age;

2.

Demonstrate at least three years experience,

a)practising the trade of electrician construction and maintenance,

electrician domestic and rural or industrial electrician under a

certificate of qualification in the applicable trade that is not

suspended,or

b)working for an electrical contractor as a licensed professionalengineer registered with the Professional Engineers of Ontario, or

c)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

d) practising the trade of powerline technician under a certificate of

qualification in that trade that is not suspended.

3. Have passed the Master Electrician Qualifying Examination within the

12 month period preceding the date of the licence application; and

4. Not owe the ESA any money for which payment arrangements have

not been made.

Some safety, health and safety, and consumer protection laws that may be relevant to Designated

Master Electricians include:

Ontario Electrical Safety Code;

Electricity Act, 1998and O. Reg. 570/05 (Licensing of Electrical Contractors and Master

Electricians)

Ontario College of Trades and Apprenticeship Act, 2009Workplace Safety and Insurance Act,

1997;

Occupational Health and Safety Act, 1990;

Employment Standards Act, 2000;

Consumer Protection Act, 2002; and

Relevant business tax laws

Desi nated Master Electricians are res onsible to ensure the business com lies with such laws


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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 towww.esafe.comfor licensing fees.)

E.Application Requirements

for more information about application requirements go towww.esasafe.com.

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

employee refers to the employer-employee relationship and not to an

arrangement whereby a person engages an independent contractor to work

on the persons behalf. This requirement is consistent with the employer-

employee relationship guidance provided by the Canada Revenue Agency

(CRA). ESA must be assured that all Designated Master Electricians fit within

these definitions.

As part of the process for designating a Master Electrician, candidates arerequired to complete an Acknowledgement of Responsibility form that asks the

designated person to affirm that they are actively employed by the Licensed

Electrical Contractor and that they assume the responsibilities that come with

the position such as the personal planning and direct supervision of electrical

work and to ensure applicable laws are followed.

The Master Exam

Reference Material can be

downloaded for free at

www.esasafe.com

ESA and other

organizations also offer

preparatory training. Arange of classroom,

online, and self-study

options are available.
http://www.esafe.com/http://www.esafe.com/http://www.esafe.com/http://www.esasafe.com/http://www.esasafe.com/http://www.esasafe.com/http://www.esaecra.info/005.php?s=16http://www.esaecra.info/005.php?s=16http://www.esaecra.info/005.php?s=16http://www.esasafe.com/http://www.esafe.com/


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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.

Must Have Appropriate Certificate of Qualification

A licensed Master Electrician must be qualified to carry out their

responsibilities to ensure work is carried out skillfully and safely. This includes

ensuring that the Designated Master Electrician holds the appropriate

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 Designating a Master Electrician who is contracted as an independent

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.

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

permittedinclude:

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.


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Certificates of Qualification, P.Eng or CET to effectively supervise the kinds of

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 MasterElectricians. Master Electricians also have requirements that are not captured

in this guide. For more information of licensing requirements for Master

Electricians clickhere.

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 ElectricianExamination 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, 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. )

The Master Electrician Examination is based on the current edition of the

Ontario Electrical Safety Code. An outline of the examination and further

information is also available on the website.

For more detailed information related to the exam and courses visit

www.esasafe.com.
http://www.esasafe.com/licensing/master-electrician/licensing/http://www.esasafe.com/licensing/master-electrician/licensing/http://www.esasafe.com/licensing/master-electrician/licensing/http://c/Users/iafanom/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/durantt/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/KZ4UFOB6/www.esasafe.comhttp://c/Users/iafanom/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/durantt/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/KZ4UFOB6/www.esasafe.comhttp://c/Users/iafanom/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/durantt/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/KZ4UFOB6/www.esasafe.comhttp://www.esasafe.com/licensing/master-electrician/licensing/


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Appendix 1 - Frequently Asked

Questions


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Appendix 2Origins of Contractor

Licensing In Ontario

Prior to the passage into law of Ontario Regulation 570/05 (Licensing of

Electrical Contractors and Master Electricians) there was no province-wide

regulation of electrical contracting businesses in Ontario. In 1991, the Electrical

Contractors 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).

ECRAs vision and dedicated efforts played a central role in promoting

professionalism 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 governments 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 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 ofOntario. 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.

guide to the duties and responsibilities of licensed electrical contractors and master electricians

Documents