Bill 165 - An Act to regulate Home Inspectors in Ontario
A message from the President of the Ontario Association of Home Inspectors.
As President I want to let you know about the introduction of provincial legislation introduced on Feb. 22, 2016. It's now been several years since the Ministry of Government and Consumer Services let it be know that they intend to regulate home inspectors by an external self-regulating and self-financing body known as a Designation Administrative Authority (DAA).
This proposed legislation simply gives the government ministries the power to set standards for licensing, qualification, performance standards, insurance and any other matters related to performing home inspections in Ontario. It also lets the government designate an existing not for profit corporation as a DAA and sets accountability and operating standards for the DAA.
The first question you will likely ask is how this legislation will affect existing OAHI member home inspectors and non-member home inspectors. The answer is that the legislation does not mention the issue. It leaves it up to the DAA to decide. We speculate there will be some form of grandfathering, but there could be some form of testing. We can expect that there will be some time to migrate to the mandatory licensing as proposed.
The second question you will likely be asking is what happens to the OAHI. The answer is that it is not mentioned in the proposed legislation. We know that the pre-existing Ontario Association of Home Inspectors Act (PR158 from 1994) is a problem for the government, since there can not be two competing regulatory Acts for the same group and there is no precedent for taking away previously granted rights. We expect to have formal discussions with the government and will have a lawyer working on our behalf. Among the future possibilities are the OAHI becoming the DAA, the OAHI becoming a separate member advocacy body and the OAHI dissolving.
The third question you will likely be asking is whether I should renew my OAHI membership if there will soon be a new licensing body in place. The answer is that you need to maintain your membership to ensure that your credentials remain current and that you can take part in any future grandfathering, should it occur. The board considers there will be no change at this time to our education and business plans. There will be no change to the OAHI Annual Meeting or the OAHI Conference, except that we will make time for discussions of these recent developments and hear your views.
Ontario Association of Home Inspectors
& CAHPI Ontario