Compliance Audits

How is the TSSA authorized to perform a Compliance Audit?

Section 17 (1) of the Act permits inspectors to carry out an inspection (at any reasonable time) to determine if work and practices meet Ontario regulations.

According to Section 18 (1) of the Act, in carrying out an inspection, an inspector may:

• exercise such powers and act in such manner as is set out in this Act and the regulations;
• remove any thing (on notice to the appropriate person) for the purpose of making any examination, test or inquiry as may be necessary to determine whether the Act, the regulations or a Minister's order are being complied with.

What are the reasons for a Compliance Audit?

For public safety reasons it is important that Ontario regulations be complied with. Compliance Audits ensure that safety standards are maintained. These audits also establish consistent operating standards to ensure contractors in the field perform their work in a proper, skillful and thorough manner.

For consistency among these industries, Compliance Audits also confirm that contractors and their employees, as well as sub-contractors, have all required licences, certificates and registrations. Compliance Audits also act to benefit the contractor by providing a level of due diligence assurance that their operation meets provincial requirements.

How often will a Compliance Audit be done? 

TSSA currently audits every contractor in Ontario on an average frequency of once every three years under the Compliance Audits program. However, other factors may trigger or affect the frequency of an audit. These factors include, but are not limited to:

• Findings of a previous audits
• Consumer complaints
• Failure to renew a registration
• Changes in certificates or registration
• Other safety-related matters or issues

When are Compliance Audits scheduled and how much will a Compliance Audit cost?

Audits are typically performed at a time that suits the contractor, whenever possible. On average these audits can take three to four hours to complete, assuming the inspector does not encounter unusual or unexpected difficulties in the completion of the Compliance Audit. In the event that unusual or unexpected difficulties arise, the TSSA reserves the right to bill for any additional disbursements or any additional time spent by TSSA's staff in the completion of the Compliance Audit. The TSSA bills the contractor for the cost of the inspector's time spent completing the audit. 

Please note that the TSSA reserves the right to change its fees at any time.

How can I prepare for a Compliance Audit?

Inspectors complete the following at the time of a Compliance Audit:

1. The inspector randomly selects three addresses from your invoices for work performed on installations, service and/or maintenance. You must set up appointments with those customers so the inspector can make inquiries of them and visit the site for approximately 30 minutes. All Inspectors have identification and the customer can be advised that the purpose of the visit is part of TSSA's Compliance Audit Program to ensure Ontario regulations and standards are being met.
2. The inspector verifies the contractor's Ontario registration.
3. The inspector reviews a list of all names of employees and sub-contractors that work on equipment related to a hydrocarbon fuel for the contractor or on the contractor's behalf and a description of the nature of work each employee or sub-contractor does for the contractor (i.e. installers, service, maintenance, helpers, etc.).
4. The inspector requires and reviews photocopies of their registration or certificates, including any certificate and/or Ontario registration as a contractor for all sub-contractors.
5. The inspector performs a visual inspection of one vehicle used for either installations or service work, together with the associated tools used for that work.

Is an inspector doing a Compliance Audit bound to keep information confidential?

What if I have other questions or concerns about the Compliance Audit Process?

Do I have to participate in a Compliance Audit?

A Compliance Audit is a mandatory inspection under the Act. As a contractor, you have a duty to facilitate an inspection in accordance with the Act. According to Section 19 (1) of the Act, every person is obliged to facilitate any entry, inspection, examination, test or inquiry by an inspector in the exercise of his or her powers and duties under the Act and pay the required fees in connection with an inspection, examination, test or inquiry.

In addition under Section 19 (3) of the Act, if an inspector requires that a record or other thing be produced for inspection, "the person who has custody of it shall produce it and, in the case of a record, provide any assistance that is reasonably necessary to interpret it or produce it in readable form".

Also, under Section 20 (1) of the Act no person shall "hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information relevant to the inspection that the person knows to be false or misleading" and under Section 37 (1) of the Act, a person who "contravenes or fails to comply with any provision of the Act or the Regulations or contravenes or fails to comply with an order or requirement of an Inspector or obstructs an Inspector" is guilty of an offence and on conviction liable to a fine of not more than $50,000.00 or to imprisonment for a term of not more than one year, or to both, or if the person is a corporation, to a fine of not more than $1,000,000.00.

It is also stated, under Section 37, that a director or officer of a corporation has to duty to take reasonable care to prevent a corporation from committing such offences. If such director or officer fails to carry out that duty, he or she is guilty of an offence and on conviction liable to a fine of not more than $50,000.00 or to imprisonment for a term of not more than one year, or to both.