Update on regulatory changes to enhance elevator safety and availability
This notice provides an update on the Ministry of Government and Consumer Services’ (MGCS) regulatory changes to enhance elevator safety and availability.
On April 15th, 2021, regulatory changes were approved, specifically:
- Amendments to O. Reg. 209/01 (Elevating Devices) to require the reporting of residential elevator outage data to TSSA and require that TSSA publish this data online.
- A new Minister’s regulation under the Technical Standards and Safety Act, 2000 to provide the Technical Standards and Safety Authority (TSSA) with the ability to impose administrative penalties for specific contraventions of O. Reg. 209/01 (Elevating Devices).
Legislative changes to support both of these items under the Technical Standards and Safety Act, 2000 received Royal Assent on May 7, 2018 but were not proclaimed. On July 1, 2022, the legislative changes will be proclaimed and the regulatory changes will come into effect.
Providing TSSA with the ability to impose administrative penalties is intended to allow for enhanced enforcement by TSSA of elevator safety laws, including that elevators are adequately and properly maintained, and responds to a recommendation made by the Auditor General of Ontario in her 2018 Value-for-Money audit of TSSA.
The new data reporting requirements are intended to enhance elevator availability in residential buildings in Ontario by providing information to the public about elevator outages and laying a foundation for the ministry and TSSA to determine additional evidence-based policy solutions related to elevator safety and availability, as appropriate. Specifically, owners of elevators in residential buildings will report all prolonged outages (i.e., of 48 hours or longer) to TSSA, along with associated information such as the cause of the outage and certain characteristics of the building/elevator. TSSA intends to create a simple online form, with pre-populated information where possible, to allow owners to easily report elevator outages. TSSA will publish outage data online for public access. This is intended to give greater awareness and accountability for elevator disruptions and could give valuable information to help consumers, including those with accessibility needs, better decide where they wish to live.
TSSA will notify stakeholders on the implementation details for these initiatives well in advance of the July 1, 2022 effective date.
Should you have any further questions, please contact the Ministry of Government and Consumer Services by email at PublicSafetyandOperationsPolicyBranch@ontario.ca.
