Specific Legal Issues

August, 23 2022 Published by Toronto and Area Chapter - By CCI-Toronto Chapter

Legislative Newsflash: New Elevator Outage Reporting Requirements and Administrative Penalties under the TSSA

Further to our previous Legislative Newsflashes on elevator safety, elevator availability and administrative penalties for non-compliance, on July 1, 2022, two new provincial regulations under the Technical Standards and Safety Act came into effect. These new regulations will impact condominium corporations across Ontario, and we encourage all boards and managers to familiarize themselves with the changes and new requirements. A brief summary of each new regulation is set out below:

CondoVoice

Release date: August 23, 2022

New Elevator Outage Reporting Requirements and Administrative Penalties under the TSSA

Further to our previous Legislative Newsflashes on elevator safety, elevator availability and administrative penalties for non-compliance, on July 1, 2022, two new provincial regulations under the Technical Standards and Safety Act came into effect.  These new regulations will impact condominium corporations across Ontario, and we encourage all boards and managers to familiarize themselves with the changes and new requirements.  A brief summary of each new regulation is set out below:

Elevator Outage Reporting Requirements
If an elevator in a building that is used partially or entirely for residential occupancy experiences an “outage”, the owner of the elevator is now obligated to submit a report to the Technical Standards and Safety Authority (“TSSA”) no later than 30 days after the elevator is returned to service.  An “outage” is defined as a period of time that is 48 hours or longer in which an elevator is out of service.

The report to the TSSA must include specific information, including, but not limited to: 

  • the address of the premises where the elevator is installed;
  • the number of elevators in the building;
  • the number of floors which the elevator serves;
  • the date and time that the outage started and ended;
  • the cause of the outage, including any factor that prolonged the elevator being out of service;
  • the intervals at which the elevator undergoes maintenance;
  • the name of the manufacturer of the elevator and the name of the maintenance contractor.

(this not an exhaustive list – additional information must be included) 

To facilitate the reporting process, the TSSA has launched a “Residential Elevator Availability Portal”, which allows elevator owners and licensees to report their outages online.

This portal also allows anyone to view elevator outage records from across the province.  According to the TSSA, the public data on elevator outages will be used to inform and shape future regulatory decisions on elevator safety and availability.

The new regulation itself can be accessed here, and the TSSA’s announcement of these requirements, along with a link to the portal can be accessed here.


CCI is committed to providing regular ongoing updates regarding all legislation concerning condominiums, in order to keep our members abreast of changes they need to be aware of.


 

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