For the first time in Ontario a contractor was sentenced to 30 days in jail and ordered to pay $6,250 in fines for performing electrical work illegally, according to the Electrical Safety Authority (ESA).
ESA has reported that Richard Hazel, who was operating as Voltcom Electrical Services, was found guilty on eight charges, including four counts of working without an electrical contractor’s licence, one count of failing to obtain the required inspections, two counts of producing a false certificate of qualification, and one count of leaving behind unsafe electrical conditions at four homes in Hamilton and Burlington, Ont.
On Oct. 2 Hazel was sentenced at the Hamilton Courthouse and placed on two years’ probation. The ESA notes this is the first time a jail sentence has been handed down by an Ontario court for this type of offence.
An ESA inspector had discovered a renovation in a Hamilton home that had been done without a permit in October 2013. Upon further investigation, it was determined that the "repeat offender" (Hazel) had done the work, the ESA reports, adding that numerous electrical hazards were found. The investigation also showed Hazel had falsely produced an Ontario College of Trade’s (OCOT) certificate of qualification in order to get employment with two licensed electrical contractors.
"The court has delivered a strong, clear message with this conviction and sentence that repeated, unlawful behavior, that puts public safety at risk, has serious consequences. Despite previous convictions, this individual continued to flout the law," says Normand Breton, general manager, registrar and director contractor licensing and powerline safety, in a statement.
"We are very pleased to see that the court has taken this next important step which we hope will deter others in the underground economy who are working outside the law."
The ESA stated that Hazel was previously convicted in 2012 on 19 counts of violating electrical safety regulations at seven sites in the Windsor area resulting in a total fine of $23,750.
In addition to jail time, probation and fines, Hazel was also fined for five different violations under the Ontario College of Trades and Apprenticeship Act. He pleaded guilty to all five charges.
As a result Hazel, was ordered to pay $400 plus a victim surcharge of $85 for violating the Act, Section 2; $3,000 plus a $750 victim surcharge and was given one-year probation with statutory conditions for violating the Act, section 86 (1); and $4,000 plus a $1,000 victim surcharge and was given one-year probation with statutory conditions for violating the Act, section 86 (2).
According to the OCOT, in December 2013, the College conducted an inspection at a construction site in Burlington where Hazel was found to be working as an electrician without certification, which is in violation of the act.
"As part of our normal activity, back in December because the College was new, we were out visiting construction sites…basically introducing ourselves, letting people know the College is now in the throes of doing enforcement. In this particular case, we found Mr. Hazel working as an electrician with no certification at all," says Bob Onyschuk, OCOT compliance and enforcement director.
"We did happen upon him again in February (2014) and again found him to be certainly non-compliant with our legislation. One of the challenges we have is, obviously, dealing with construction projects that change every three hours. We rely a lot on leads that we get from the public, as well, as in this case, working with the Electrical Safety Authority proved to be a benefit."
In the February instance, the College received a complaint about a construction site in Hamilton, Onyschuk explained. In partnership with the ESA, an inspection was conducted at the site and "coincidentally" Hazel was found, "engaging in practice, use of title, without a valid Certificate of Qualification, which is a violation under the Act, section 86 (1); and falsely representing himself as having a certificate or statement which is a violation under the Act, section 86 (2)."
OCOT is the only regulatory college in Ontario that has a provincial offences officer designation. Provincial Offences Notices carry a fine of $195 for an individual and $295 for an employer. Repeated offences and other sections of the legislation can result in charges, states OCOT, which could lead to fines up to $5,000 for the first offence and up to $10,000 for a second offence. The enforcement officers oversee the 22 compulsory trades in the construction, motive power and service sectors.
Enforcement statistics from May 2013 to Sept. 30, 2014 indicate there were 11,375 field inspections completed, 1,328 complaint calls received and 321 tickets issued, states OCOT’s website. Currently, the College has 41 enforcement officers throughout Ontario, and site visits include the ICI construction and residential construction sectors, automotive garages, auto body shops and visits in the service sector.
The provincial government passed the Ontario College of Trades and Apprenticeship Act in 2009 to establish the College. Working at arms-length from the government, OCOT is meant regulate and promote the skilled trades. While Onyschuk admits the College has been met with some skepticism during its inception, cases like this prove its effectiveness, he said, as well as the importance of working with other authorities.
"I think with the publication of these public advisories and actually having our officers out there dealing with the public daily…not only the public, but I think contractors and workers are really starting to appreciate the benefits that the College can offer," he said. "It’s indicative of us working with another enforcement agency to do the needful thing of protecting the public interest. We did it together with the ESA."
The ESA is responsible for administering specific regulations related to the Ontario Electrical Safety Code, the licensing of Electrical Contractors and Master Electricians, electricity distribution system safety, and electrical product safety.
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