CERTIFICATION AND TRAINING OF ELEVATING DEVICE MECHANICS

CONTENTS 1. Interpretation 2. Application 3. Requirements for compliance 4. Certificate required 5. Renewal of certificate 6. Conditions for certificate 7. Certificate not transferable 8. Term of certificate 9. Duty to notify director of change of address 10. Scope of certificate, EDM-A certificate 11. EDM-B certificate 12. EDM-C certificate 13. EDM-D certificate 14. EDM-E certificate 15. EDM-F certificate 16. EDM-T certificate 17. EDM-CE certificate 18. EDM-CM certificate 19. SLM-A certificate 20. SLM-B certificate 21. SLM-C certificate 22. SLM-F certificate 23. SLM-T certificate Interpretation 1. (1) In this Regulation, “certificate” means a certificate issued under this Regulation; “chair lift” has the same meaning as in Ontario Regulation 209/01 (Elevating Devices) made under the Act; “class of certificate” means an additional certificate issued to the holder of a certificate; “direct supervision” means, with respect to a mechanic-in-training, that a supervising certificate holder is on site and available to assist and supervise the mechanic-in-training; “elevating device” has the same meaning as in Ontario Regulation 209/01; “mechanic” has the same meaning as in Ontario Regulation 209/01; “mechanic-in-training” means a person who applies to be a mechanic and who works under the supervision of a mechanic; “passenger ropeway” has the same meaning as in Ontario Regulation 209/01; “registered” means registered as a contractor in accordance with section 21 of Ontario Regulation 209/01; “ski-lift mechanic” means a person who holds a ski-lift mechanic’s certificate referred to in paragraphs 1 to 4 of subsection 4 (1.1); “skills passport” means a document that contains a record of training on work tasks that bears the signature of a supervising certificate holder; “supervising certificate holder” means a certificate holder who has documented experience on the class of device with respect to which he or she is providing supervision; “surface ropeway” has the same meaning as in Ontario Regulation 209/01. O. Reg. 222/01, s. 1 (1); O. Reg. 186/03, s. 1; O. Reg. 250/08, s. 1 (1-5). (2) A reference in this Regulation to a director is a reference to the director to whom the subject matter of this Regulation is assigned. O. Reg. 222/01, s. 1 (2). (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. O. Reg. 250/08, s. 1 (6). Application 2. (1) This Regulation applies to all persons who construct, install, alter, repair, test, operate or maintain an elevating device or any part of an elevating device. O. Reg. 222/01, s. 2 (1). (2) An employee of an owner of an elevating device is exempt from this Regulation if the owner, (a) is registered as a contractor solely for the purpose of allowing the owner’s employees to perform rescue operations; (b) designates for the carrying out of rescue operations only those employees who have successfully completed a training program approved by the director that is delivered by an accredited training provider approved by the director to safely perform rescue operations on devices owned and operated by the owner on the owner’s premises; (c) develops written operating procedures for rescue operations in conjunction with the accredited training provider; (d) maintains an up-to-date list of all employees trained in rescue operations, including the dates of initial and subsequent training; and (e) provides the director with the operating procedures referred to in clause (c) and details of the training of employees upon request. O. Reg. 250/08, s. 2. Requirements for compliance 3. (1) Every person engaged in an activity, use of equipment, process or procedure to which the Act and this Regulation apply shall comply with the Act, this Regulation and any applicable director’s order. O. Reg. 222/01, s. 3 (1); O. Reg. 250/08, s. 3. (2) For the purposes of subsection (1), the reference to an activity, use of equipment, process or procedure includes, but is not limited to, design, construction, erection, installation, maintenance, alteration, service or operation of an elevating device or part thereof. O. Reg. 222/01, s. 3 (2). (3) A supervising certificate holder shall not certify that a mechanic has met experience requirements required under this Regulation unless he or she has ensured that the mechanic has in fact met those requirements. O. Reg. 222/01, s. 3 (3). Certificate required 4. (1) No person shall work on an elevating device as a mechanic without first having obtained a certificate from the director designating the person as one or more of the following: 1. An elevating device mechanic, class A (an “EDM-A certificate”). 2. An elevating device mechanic, class B (an “EDM-B certificate”). 3. An elevating device mechanic, class C (an “EDM-C certificate”). 4. An elevating device mechanic, class D (an “EDM-D certificate”). 5. An elevating device mechanic, class E (an “EDM-E certificate”). 6. An elevating device mechanic, class F (an “EDM-F certificate”). 7. An elevating device mechanic, class CE (an “EDM-CE certificate”). 8. An elevating device mechanic, class CM (an “EDM-CM certificate”). 9. An elevating device mechanic-in-training, Class T (an “EDM-T certificate”). O. Reg. 222/01, s. 4 (1). (1.1) No person shall work on a ski-lift as a ski-lift mechanic without first having obtained a certificate from the director designating the person as one or more of the following: 1. A ski-lift mechanic, class A (an “SLM-A certificate”). 2. A ski-lift mechanic, class B (an “SLM-B certificate”). 3. A ski-lift mechanic, class C (an “SLM-C certificate”). 4. A ski-lift mechanic, class F (an “SLM-F certificate”). 5. A ski-lift mechanic-in-training (“an SLM-T certificate”). O. Reg. 186/03, s. 2. (2) An application for a certificate or for the addition of one or more classes of certificate to a certificate shall be in the form provided by the designated administrative authority, include documents that attest to the fact that the applicant has the necessary practical skills and experience for the certificate sought and be accompanied by the fee set by the designated administrative authority. O. Reg. 222/01, s. 4 (2); O. Reg. 250/08, s. 4. Renewal of certificate 5. (1) An application to renew a certificate shall be made to the director in the form provided by the designated administrative authority and be accompanied by the fee set by the designated administrative authority. O. Reg. 222/01, s. 5 (1); O. Reg. 250/08, s. 5. (2) An application for renewal shall include a completed skills passport in the form provided by the designated administrative authority. O. Reg. 222/01, s. 5 (2); O. Reg. 250/08, s. 5. (3) An application for renewal may be made before the applicant’s certificate expires. O. Reg. 222/01, s. 5 (3). (4) If a mechanic fails to renew his or her certificate before it expires, the mechanic shall not work as a mechanic after the date of expiry of the certificate but may apply to the director for a renewal. O. Reg. 222/01, s. 5 (4). (5) If a mechanic applies for a renewal of a certificate under subsection (4), the director may renew it if, (a) the application for renewal is made within 12 months of the expiry date shown on the certificate; and (b) the applicant pays the fee set by the designated administrative authority and complies with subsection (2). O. Reg. 222/01, s. 5 (5). (6) If a mechanic applies for a renewal of a certificate under subsection (4) more than 12 months after the expiry date shown on the expired certificate, the application shall be treated as a new application for a certificate under section 4, and the applicant shall, (a) take a written examination conducted or approved by the director with respect to the subject matter of the class of certificate applied for; (b) include with the application a completed skills passport in the form published by the designated administrative authority; and (c) include with the application the fee set by the designated administrative authority. O. Reg. 222/01, s. 5 (6). (7) If an elevating device mechanic-in-training applies for a renewal of a certificate under subsection (4) more than 12 months after the expiry date shown on the expired certificate, the application shall be treated as a new application for a certificate under section 4, and the applicant shall include with the application, (a) a completed skills passport in the form published by the designated administrative authority; (b) a letter from his or her employer stating the nature of the work being performed by the applicant, the dates worked, and the name of the supervising certificate holder; and (c) the fee set by the designated administrative authority. O. Reg. 222/01, s. 5 (7). Conditions for certificate 6. (1) An applicant for a certificate shall have successfully completed a program approved by the director that is delivered by an accredited training provider approved by the director for each class of certificate sought by the applicant. O. Reg. 222/01, s. 6 (1); O. Reg. 250/08, s. 6. (2) An applicant shall have successfully completed an examination or a series of examinations, conducted or approved by the director, demonstrating that the applicant possesses the necessary knowledge and competence for each certificate or class of certificate sought by the applicant. O. Reg. 222/01, s. 6 (2). (3) If the applicant fails the examination or series of examinations on three successive attempts, the applicant must 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. O. Reg. 222/01, s. 6 (3). (4) If the applicant fails the examination or series of examinations for a certificate or a class of certificate, he or she is not entitled to take the examination or series of examinations for the class of certificate again until, (a) he or she makes a new application for the class of certificate; and (b) 30 days have passed since the applicant took the examination or series of examinations. O. Reg. 222/01, s. 6 (4). (5) An applicant is not required to comply with subsections (1) and (2) if the director is satisfied that the applicant possesses the necessary knowledge and competence with respect to each certificate or class of certificate sought by the applicant. O. Reg. 222/01, s. 6 (5). (6) An applicant for a certificate, regardless of the class of certificate being sought, shall fully complete a safety-training workshop delivered by the designated administrative authority or an accredited training provider approved by it prior to submitting an application for a certificate. O. Reg. 222/01, s. 6 (6); O. Reg. 250/08, s. 6. (7) An applicant applying for an EDM-T or SLM-T certificate is not required to comply with subsections (1) to (5). O. Reg. 222/01, s. 6 (7); O. Reg. 186/03, s. 3. Certificate not transferable 7. A certificate is not transferable. O. Reg. 222/01, s. 7. Term of certificate 8. (1) A certificate expires on the second anniversary of the holder’s date of birth after it is issued. O. Reg. 222/01, s. 8 (1). (2) If a class of certificate is added to an initial certificate after the initial certificate is issued, the expiry date of the initial certificate does not change. O. Reg. 222/01, s. 8 (2). (3) A certificate that is renewed expires on the date set out in it. O. Reg. 222/01, s. 8 (3). Duty to notify director of change of address 9. (1) A person who holds a certificate shall notify the director within 30 days after any change in his or her address. O. Reg. 222/01, s. 9 (1). (2) The director is not responsible for misdirected notices or renewals resulting from the certificate holder’s failure to comply with subsection (1). O. Reg. 222/01, s. 9 (2). Scope of certificate, EDM-A certificate 10. (1) A person who holds an EDM-A certificate may, without supervision, construct, install, alter, repair, service, maintain or test any class of elevating device as set out in Ontario Regulation 209/01 (Elevating Devices), except that of passenger ropeways and the equipment and accessories essential to their operation, but only if the person has experience on that class of device. O. Reg. 222/01, s. 10 (1). (2) A holder of an EDM-A certificate who does not have experience on a class of elevating device shall not perform the functions referred to in subsection (1) without supervision by the holder of an EDM-A certificate who has experience on the class of device. O. Reg. 222/01, s. 10 (2). EDM-B certificate 11. (1) A person who holds an EDM-B certificate may, without supervision, construct, install, alter, repair, maintain or test the following devices if the person has demonstrated the essential skills required to work those devices and has had that experience documented and signed by the supervising certificate holder: 1. Construction hoists, as defined in Ontario Regulation 209/01 (Elevating Devices) made under the Act, and the equipment and accessories essential to their operation. 2. Manlifts, as defined in Ontario Regulation 209/01, and the equipment and accessories essential to their operation if the manlifts are permanent and use rack and pinion drives. O. Reg. 250/08, s. 7. (2) A holder of an EDM-B certificate who does not have documented experience on construction hoists or manlifts shall not perform the functions referred to in subsection (1) on the device without supervision by a holder of an EDM-B certificate who has such experience. O. Reg. 250/08, s. 7. EDM-C certificate 12. (1) A person who holds an EDM-C certificate may, without supervision, repair, service and maintain the same classes of elevating device as the holder of an EDM-A certificate and the equipment and accessories essential to their operation if, (a) the person has demonstrated the essential skills required to work on those classes of device and has had that experience documented and signed by the supervising certificate holder; and (b) the elevating devices on which the person performs the functions are owned, operated and maintained by the person’s employer. O. Reg. 222/01, s. 12 (1). (2) A holder of an EDM-C certificate who does not have documented experience on a class of device shall not perform the functions referred to in subsection (1) without supervision. O. Reg. 222/01, s. 12 (2). EDM-D certificate 13. A person who holds an EDM-D certificate may, without supervision, renovate the interior of an elevating device cab and, in so doing, may carry out electrical work with respect to lighting in the cab, but shall not do anything with respect to control circuitry or carry out any other type of electrical work. O. Reg. 222/01, s. 13. EDM-E certificate 14. A person who holds an EDM-E certificate may, without supervision, construct, install, service and maintain lifts for persons with physical disabilities, as defined in Ontario Regulation 209/01 (Elevating Devices) made under the Act, with the exception of enclosed vertical platform lifts. O. Reg. 250/08, s. 8. EDM-F certificate 15. A person who holds an EDM-F certificate may, without supervision, examine and test any class of elevating device, except that of passenger ropeways, but may not perform physical tests on an elevating device except under the supervision of a holder of an EDM-A certificate. O. Reg. 222/01, s. 15. EDM-T certificate 16. A person who holds an EDM-T certificate, (a) may perform the same range and scope of work allowed under the scope of the certificate of the supervising certificate holder if those skills have been documented and signed by a qualified EDM; and (b) may not work on any device or job function for which the EDM-T certificate holder does not have the documented skills, except under the direct supervision of the supervising elevating device mechanic. O. Reg. 222/01, s. 16. EDM-CE certificate 17. (1) A person who holds an EDM-CE certificate may, without supervision, repair, service and maintain the electrical portions of the same classes of elevating device as the holder of an EDM-A certificate and the equipment and accessories essential to their operation if, (a) the person has electrical experience that is documented in the form provided by the designated administrative authority on those classes of device; and (b) the elevating devices on which the person performs the functions are owned and operated by the person’s employer. O. Reg. 222/01, s. 17 (1); O. Reg. 250/08, s. 9. (2) A holder of an EDM-CE certificate who does not have the documented experience referred to in clause (1) (a) shall not perform the functions referred to in subsection (1) unless the person is under the direct supervision of a person who is the holder of an EDM-CE certificate who has documented experience. O. Reg. 222/01, s. 17 (2). EDM-CM certificate 18. (1) A person who holds an EDM-CM certificate may, without supervision, repair, service and maintain the mechanical portions of the same classes of elevating device as the holder of an EDM-A certificate and the equipment and accessories essential to their operation if, (a) the person has documented mechanical experience in the form provided by the designated administrative authority on those classes of device; and (b) the elevating devices on which the person performs the functions are owned and operated by the person’s employer. O. Reg. 222/01, s. 18 (1); O. Reg. 250/08, s. 10. (2) A holder of an EDM-CM certificate who does not have the documented experience referred to in clause (1) (a) shall not perform the functions referred to in subsection (1) unless the person is under the direct supervision of a person who is the holder of an EDM-CM certificate who has documented experience. O. Reg. 222/01, s. 18 (2). SLM-A certificate 19. (1) A person who holds an SLM-A certificate may, without supervision, service, maintain, alter, install and construct any type of passenger ropeway if the holder of the certificate has the required and documented experience. O. Reg. 186/03, s. 4; O. Reg. 250/08, s. 11. (2) A holder of an SLM-A certificate who does not have the documented experience referred to in subsection (1) shall not perform the functions referred to in that subsection unless the holder performs them under the supervision of the employer or registered contractor of the holder. O. Reg. 186/03, s. 4. SLM-B certificate 20. (1) A person who holds an SLM-B certificate may, without supervision, service, maintain, alter and install any type of fixed grip chair lifts and surface lifts if the holder of the certificate has the required and documented experience. O. Reg. 186/03, s. 4; O. Reg. 250/08, s. 12. (2) A holder of an SLM-B certificate who does not have the documented experience referred to in subsection (1) shall not perform the functions referred to in that subsection unless the holder performs them under the supervision of the employer or registered contractor of the holder. O. Reg. 186/03, s. 4. SLM-C certificate 21. (1) A person who holds an SLM-C certificate may, without supervision, service, maintain, alter and install any type of surface lift if the holder of the certificate has the required and documented experience. O. Reg. 186/03, s. 4. (2) A holder of an SLM-C certificate who does not have the documented experience referred to in subsection (1) shall not perform the functions referred to in that subsection unless the holder performs them under the supervision of the employer or registered contractor of the holder. O. Reg. 186/03, s. 4. SLM-F certificate 22. (1) A person who holds an SLM-F certificate may, without supervision, test, examine and inspect passenger ropeways if the holder of the certificate has the required and documented experience. O. Reg. 186/03, s. 4. (2) A holder of an SLM-F certificate who does not have the documented experience referred to in subsection (1) shall not perform the functions referred to in that subsection unless the holder of the certificate performs them under the supervision of a holder of an SLM-A, SLM-B or SLM-C certificate. O. Reg. 186/03, s. 4. (3) A professional engineer may test, examine and inspect passenger ropeways without holding an SLM-F certificate. O. Reg. 186/03, s. 4. SLM-T certificate 23. (1) A person who holds an SLM-T certificate may perform the functions that a holder of an SLM-A, SLM-B, SLM-C or SLM-F certificate holder may perform if the qualified mechanic has documented that the holder of the SML-T certificate has the necessary skills to perform the functions and has signed the document to that effect. O. Reg. 186/03, s. 4. (2) The holder of an SLM-T certificate who does not have the documented skills may not perform any of the functions that the holder of any of the other certificates mentioned in subsection (1) may perform unless the holder of the SLM-T certificate performs them under the direct supervision of a holder of the relevant certificate. O. Reg. 186/03, s. 4. 24. Revoked: O. Reg. 250/08, s. 13.