February 22nd, 2016.
Mr. Han Dong, MPP for Trinity-Spadina introduced into the legislative assembly Bill 165 – An Act to regulate home inspectors. Known by it’s short title Licensed Home Inspectors Act, 2016 this Bill is designed to provide the framework for the regulation of the Home Inspection profession.
The First reading of the bill was carried by unanimous decision of the Assembly.
The summary details of this Bill are:
- Regulation will be administered through a Delegated Administrative Authority (DAA) that can be a new or existing Not-For-Profit Organisation incorporated under the laws of Ontario.
- Home Inspectors will be required to apply to the DAA Registrar for a License. If the Inspector meets the requirements and has paid the fees required for the License the will be known as a Licensed Home Inspector or Inspecteur d’habitations titulaire d’un permis and will be entitled to hold the designation L.H.I or I.H.T.P.
- Any other term that infers the Inspector is a Licensed Home Inspector will be prohibited.
- Anyone who holds themselves out to be a Licensed Home Inspector without a license will be subject to a fine not exceeding $10,000 for each day or part of a day on which the offence occurs or continues. ( For Example: If someone holds themselves out to be a Licensed Home Inspector and continues to do so for 100 days there are subject to a fine not exceeding C$1m)
- In order to stop people just going off an calling themselves a Home Auditor or something similar, the definition of the service carried out as part of a home inspection will be defined in the regulation. The types of inspectors will also be prescribed in the regulation.
- A Code of Ethics for Licensed Home Inspectors will be created. While associations may have a stricter code of ethics, no inspector will be allowed to work to a lesser code.
- All issues such as Insurance coverage and amounts, discipline, complaints procedures and publication of license holders and other public information regarding licensing will be under the control of the regulations and not be written into the Act. This means the regulation can be adjusted by the Lieutenant Governor, Minister or more likely the DAA.
- A group insurance may be made available to Home Inspectors.
- There will be a period of transitioning which will be governed by the regulator.
March 3rd, 2016
The second reading of the Bill to regulate Home Inspectors was passed by the vast majority of members from both sides of the Assembly. The transcript of the proceeding in the Assembly can be found here.
Once again, the Ontario Association of Certified Home Inspectors was represented at Queens Park by members of the Board who continue to work with the Ontario Government towards the regulation of the profession.
The Bill now passes to the committee stage where the Bill will be refined before being passed back to the assembly for the third reading and hopefully onto Royal Assent.
Want to learn how a Private Members Bill becomes Law in Ontario? Go here.