Reliable Elevators Act, 2017 Dong, Han — Bill 109 (41st Parliament, 2nd Session)

Bill 109, 41-2

Ontario — Bills

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Bill 109, Reliable Elevators Act, 2017

Dong, Han

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Acts affected

Original

[41] Bill 109 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the law with respect to elevators.

First,

a person who applies for a permit to construct a building with seven or more stories

must show that building will have enough elevator capacity.

Second,

elevator maintenance contracts are subject to the protections under the Consumer Protection Act, 2002 .

Third,

an elevator that breaks down must be repaired within 14 days for most

buildings, seven days for long-term care homes and retirement homes, unless the

regulations provide otherwise.

Bill 109 2017

Act to amend the Building Code Act, 1992 and the Consumer Protection Act, 2002

in respect of elevators and elevating device mechanics

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Building Code Act, 1992

The Building Code Act, 1992 is amended by adding the

following section:

Standards

Set Out in this Act

Elevator

traffic capacity

15.8.1 Except if

the building code provides otherwise, no permit shall be issued to construct a building

with seven or more stories unless an elevator traffic analysis conducted in

accordance with industry standards shows that the building has a reasonable

elevator traffic capacity.

Consumer Protection Act, 2002

(1) The definition of "consumer" in

section 1 of the Consumer Protection Act, 2002 is repealed and the

following substituted:

"consumer"

means,

(

a) an

individual acting for personal, family or household purposes and does not

include a person who is acting for business purposes. or

(

b) a

person who is the customer of an agreement with a contractor for the

maintenance of an elevator, including a person who is acting for business

purposes; ("consommateur")

(2) The

Act is amended by adding the following Part:

Part

V.1

Repairs to Elevators

Timely

repair of elevators

54.1

(1) The

contractor responsible for maintaining an elevator that becomes unavailable for

use because it needs repair shall ensure that the elevator is repaired,

(

a) in

accordance with the regulations governing the timely repair of elevators by

contractors; or

(

b) if

those regulations have not been made,

(i) 14

days after the day the contractor first learns of the problem, or

(ii) seven

days after the day the contractor first learns of the problem, if the elevator

is in a long-term care home as defined in subsection 2 (1) of the Long-Term Care Homes Act, 2007 or is in a retirement home

as defined in subsection 2 (1) of the Retirement Homes

Act, 2010 .

The

day the contractor first learns of the problem

(2) For

the purposes of this section, the day the contractor first learns of the

problem is the earlier of the day that the contractor first,

(

a) is

informed that the elevator is unavailable for use; or

(

b) discovers

an issue that a reasonable contractor would respond to by taking steps to make

the elevator unavailable for use until it can be repaired.

(3) Section

123 of the Act is amended by adding the following subsection:

Lieutenant

Governor in Council regulations:

Part V.1

(6.1) The

Lieutenant Governor in Council may make regulations governing the timely repair

of elevators by contractors for the purpose of

section 54.1.

Commencement

(1) Subject to subsection (2), this Act comes into force on the day it

receives Royal Assent.

(2) Section

2 comes into force one year after the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Reliable Elevators Act,

2017 .

Date Bill stage Activity Committee

April 13, 2017

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

April 13, 2017

Second Reading

Carried

April 13, 2017

Second Reading

Debate

March 22, 2017

First Reading

Carried

Debates and Progress

First Reading

March 22, 2017

Committee

Second Reading

April 13, 2017

Mr. Han Dong, Mr. Lorne Coe, Ms. Catherine Fife, Hon. Tracy MacCharles, Mr. John Yakabuski, Mrs. Christina Martins, Mr. Bill Walker, Mr. Peter Tabuns, Hon. David Zimmer, Mr. Bob Delaney

April 13, 2017

Declared carried. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

Acts affected - Bill 109

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Building Code Act, 1992

Consumer Protection Act, 2002

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 109, 41-2
Type	bill
Volume / chapter	p41 s2 bill 109 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1417a4293563aec37e06991931566875f549a396

Source file is stored in the law ingest library (html).