Directive: Advertising Requirements

This directive is being issued by a provincial safety manager pursuant to section 30 of the Safety Standards Act.

On September 6, 2022, changes to the Safety Standards General Regulation came into effect that require licensed contractors to publish their company name and Technical Safety BC licence number when advertising their services to the public. The changes apply to all licensed contractors in electrical, gas, elevating devices, and boilers, pressure vessels, and refrigeration.

Requirements

The Safety Standards Act section 71.1 outlines requirements related to offering and advertising to do regulated work.

Safety Standards General Regulation section 37 further outlines requirements related to offering or advertising to do regulated work.

Monetary Penalties Regulation section 2 identifies that offering or advertising to do regulated work without following legislation, is subject to a monetary penalty.

The requirements in the legislation and regulations relating to offering and advertising to do regulated work only apply to organizations and licensed contractors offering their services to the public. They do not apply to licensed contractors that provide services exclusively to their own organizations (e.g. such as municipalities and school districts) and do not advertise or offer their services to the public.

Exemptions

If you offer or advertise regulated work, the following are exempt from the requirement to publish the licensed contractor’s name and Technical Safety BC licence number:

• Word-of-mouth advertising
• Social media posts on your company's official social media account
• Printed phone directory listings
• Written articles in publications
• TV guest appearances
• Radio guest appearances
• Public appearances
• Sponsorships of provision of clothing (e.g. sports team jerseys)
• Company branded clothing
• Company branded merchandise (e.g. pens, mugs)
• Publications related to dealer relationships (mentioning that a contractor is an affiliate of a dealer)
• Publications that describe the relationship between general contractors and their subcontractors (e.g. mentioning that a contractor is a subcontractor to the general contractor)
• Published membership lists (mentioning that a contractor is a member of a program)
• Supplier lists of subcontractors that perform regulated work
• Branded equipment (e.g. motorized equipment such as excavators, cranes, lifts) used in the course of work.
• Branded company vehicles are exempt but recommended
• Company storefronts are exempt but recommended

Exemptions are subject to change.

A safety manager may waive a requirement for offering or advertising to do regulated work if satisfied that it cannot be complied with. If you have a situation which you feel may warrant an exemption, other than those listed in the guidelines, please inquire further by email to enforcement@technicalsafetybc.ca.

To further support contractors in understanding legislative requirements, Technical Safety BC has published a set of Advertising Guidelines. The Advertising Guidelines, including additional details regarding what is and what is not included in the exemptions, are located on Technical Safety BC’s website.

Darla Faulkner

Provincial Safety Manager, Enforcement

References:

Safety Standards Act
Safety Standards General Regulation
Monetary Penalty Regulation