UAV Regulations in Canada

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                                                                                                                                                                                                                                                                                                              **Unmanned Aerial Vehicle Regulations**

30 Jun, 2016 in Roof Inspections / Uncategorized
Roof Inspection problems for Home Inspectors

A number of regulatory and advisory changes have occurred over recent months that have affected the Home Inspection Profession in Ontario. CSA standards, which cover roof inspections in such a way as to leave a massive opening for liability demands that Inspectors pay even closer attention to this area. The loom of rising litigation costs for leaks requires the same diligence.
Working at heights: A no-no!

At the same time, the Ministry of Labour Working at Heights regulations have made it almost impossible for an inspector to legally mount a ladder over 3 metres or to climb onto a roof to inspect. At a recent “Working at Heights” training course several questions were posed. Here were the answers:

  • In order to put a ladder up to inspect a roof, the ladder needs to be secured top and bottom to the property.
  • Lifting the ladder into position requires two people
  • Fall protection must be worn and used at heights over 3 metres
  • This means attaching an anchor to the property

When the trainer was queried as to how a single inspector could perform these functions, while at the same time not damaging the property (i.e. screwing an anchor through the shingles to the sheathing) the trainer stated “A single inspector can’t”. This means that, without breaking the law, and/or damaging the inspected property, a Home Inspector cannot climb onto a roof without incurring a possible heavy penalty from the Ministry of Labour. (Inspectors posting “Roofies” on Facebook take note, a selfie of you on a roof is evidence enough for the MoL to issue a fine!)
Other options

This leaves the options of inspection by Binoculars, Pole-mounted camera or a drone.
There are limitations to what can be inspected with all three, but by far the least limited inspection technique is a drone with a camera.
The problem here is that all inspections come under the “commercial use” banner and as such require a Special Flight Operations Certificate from transport Canada.
Obtaining an SFOC, even if the pre-requisite training and operations manual showed complete compliance to Transport Canada’s guidelines takes upwards of 20 days to obtain, and one is required for each and EVERY inspection.
To date, the enforcement of the regulations currently in operation has been lax. But we have recently been made aware of a case where Transport Canada has instituted several administrative monetary penalties (of $50,000 each) to a single operator that was operating outside of the regulations, to the point where these AMP’s added up to over $1.3m.
**

New drone regulations imminent**

Thankfully, Transport Canada along with a number of stakeholders have been working on new regulations that will both re-certify the classes of UAV’s and streamline the regulations. Some of this streamlining may mean, under specific circumstances, that the SFOC will not be necessary.
Transport Canada held a technical briefing for stakeholders in Ottawa earlier this week (Tuesday 28th June, 2016).
Because of our past interest in the topic and communication with the team at Transport Canada, OntarioACHI were the only Home Inspection association in Canada to be invited to attend.
Following the meeting, Transport Canada have provided an update to the Stakeholders on the proposed changes to the regulations.
The update is as follows:

Executive Summary

Update to Stakeholders on Unmanned Air Vehicles
June 2016
*Following the consultation on the Notice of Proposed Amendment for small Unmanned Air Vehicles (UAVs), weighing 25 kg or less and operated within visual line-of-sight, Transport Canada has been finalizing the policy and regulatory framework. *
*The Department is currently developing proposed regulations that are expected to be made public in the Canada Gazette, Part I in spring 2017. Stakeholders and Canadians will have the opportunity to provide comments as part of the consultation period. *
*For stakeholders who may not be familiar with the process for making regulations, regulations are pre-published in the Canada Gazette, Part I for a formal comment period. Adjustments are made as required based on the comments received and the regulations are then published in the Canada Gazette, Part II and considered final. A transition period is normally provided prior to the coming into force of a new regulation. For more information about the Canada Gazette process: http://www.gazette.gc.ca/cg-gc/lm-sp-eng.html. *
*At this time, the regulatory exemptions (exemption for under 2 kg / exemption for 2 kg to 25 kg) remain valid and will be updated prior to their current expiry date of December 16, 2016. For those that cannot meet the conditions of the exemptions, until such time as the final regulations are published, you can apply for a Special Flight Operations Certificate. *
*Transport Canada continues to seek a balanced and risk-based approach to both safely integrate UAVs into Canadian airspace and encourage innovation within this important new subsector of civil aviation. *
Here are some highlights of the updated proposed policy and regulatory framework based on feedback received from stakeholders on the Notice of Proposed Amendment, industry growth, risk analysis and, where possible, discussions with international partners.
*• Removing the regulatory distinction between recreational and non-recreational users. *
*• Exclusion to be made for modelling associations with robust safety guidelines. Introducing an “unregulated” category with a threshold of 250 g or less. *
*• Reducing the “very small” weight threshold to 1 kg based on a risk assessments, safety analysis and ongoing research. *
• Marking and registration now for “small complex” only. Identification for other regulated categories.
• UAV Design Standard now for “small complex” only (higher risk environments).
*• Pilot permit requirement for “small complex” UAVs. Knowledge requirements for “very small” and “small limited” UAVs commensurate to category. *
• Adjusting minimum age requirements to mirror manned aviation licensing requirements.
• Regulating some tethered UAVs as obstacles and not regulating indoor operations.
• Requiring liability insurance for all categories of UAVs.
Transport Canada would like to reiterate that these are only proposed changes and are not yet currently in place. The formal consultation period along with the actual text of the proposed regulations will be communicated to all stakeholders for consultation when ready and published in the Canada Gazette, Part I, in spring 2017
Although the new regulations appear to remove the disparity between recreational and commercial flying, the direction of the regulations appears to be bringing drone operators closer to the role of regular pilots. The requirements for compliance of drone manufacturing to standards is another move towards ensuring the drones themselves are safer.
Because of the complexities of the changes in these proposed regulations, we believe OntarioACHI may be able to develop a program that will satisfy the new regulations of Transport Canada if they are promulgated.

Your voluntary team has already put a lot of effort into this project and we have a framework for going forward, it is obviously early days, and more work is to be completed to iron out all the details.
As the regulations develop and more information becomes available we will be able to provide better information, but for now we are trying to gauge the level of support for such a program.
Interested inspectors who are considering adding UAV inspection services to their portfolio should contact us.
In the meantime

we would discourage inspectors from investing large sums of money into drones purchases, as the regulations may deem some of the drones on the market now illegal. Again, as things progress, we will keep Inspectors appraised of the changes.

Working at heights only applies to companies with employees and requires employers to ensure that workers on construction projects successfully complete a working at heights training program. Does not apply to a lone inspector working for themselves.

That is totally incorrect!

If you choose to break the law, it’s your business! Don’t advise others to do so.

Well… who is correct?

Working at heights regulation applies to anyone who is offering a service considered part of a construction project that requires them to climb a ladder to 3m or higher in Ontario. NO EXCEPTIONS.

As Home Inspectors are regarded by WSIB as falling under Construction Workers, and the WSIB is a DAA of the MoL, the Working at heights regulations, which include regulations from OSHA and O/Reg213/91 (Construction projects) comes into play.

In other words, if you get caught on a ladder over 3m, or on facebook having taken a “roofy”, you are liable to be fined by the MoL, unless you have the requisite fall protection, and a Working at Heights training certificate.

If you think being a sole proprietor will save you, think again.

Addendum: Without the requisite certificate, you may even be putting your client in a liable position as the employer of your services. You would be the subcontractor and they would be the employer. Don’t think that would get you too many Brownie points on the marketing scale :smiley:

Speaking with a MOL inspector of 20 years that I know, they informed me that as long as I have no employees (spouse being paid to answer phones is an employee) then I am considered self-employed and do not fall under any section of the Occupational Health and Safety Act provided I do not do any work on a construction site (before the homeowner takes possession) otherwise it fall under the construction project regulations. They are getting back to me with regards to the specific section that defines self-emploed.

Hope this helps.

This seems to be backed up by the wsib:

Currently, home inspectors are classified in our Employer Classification Manual under Rate Group 704-02 CU 4499-001: Testing, Inspection, and Related Services. To be exempt from coverage, the home inspector must exclusively do home inspections on an existing private residence where they are paid by, and work directly for, the occupant or potential occupant (or member of their family). However, home inspection work is not exempt when it is for potential purchasers or a member of their family, who do not intend to occupy the residence themselves.

Good info thanks Gene.
Please keep us informed with any more info you get .

Home Inspectors fall under class G of the policies laid down by the WSIB
Class G is Construction. The specific subclass for inspectors is 704: Electrical and Incidental Construction Services. It can be found under the WSIB classification manual as document no G-704-02.

While Gene is correct in saying that for WSIB registration and clearance certificates the Inspector has to work on a home that is not going to be resided in by the paying client (or a member of the immediate family) it does not remove the Inspector from the construction group.

The grey area for the working at heights regulation is whether a home inspection is considered a “Construction project” or “Maintenance Work”, not by the WSIB but by the MoL"Maintenance Work" is not covered by WAH regs.

The WSIB are only worried about this area with respect to the application of policies around the WSIA (Workplace Safety Insurance Act) The policies seem to fairly well entrenched in this area, albeit inconsistent. We have spoken to the WSIB, Ministry of Labour staff and the Minister the Hon. Kevin Flynn MPP, and it appears there is no appetite to change the way the WSIB do things.

According to the MoL “Working at heights training requirements apply only to workers who are required by the Construction Projects Regulation to use specified methods of fall protection.”

The Construction Projects Regulation (O. Reg 213/91)](https://www.ontario.ca/laws/regulation/910213#BK3)is part of the overarching Occupational Health and Safety Act, R.S.O. 1990, c. 01in this regulation it states: “Subsection 25 (1), clauses 26 (1) ©, (e), (f) and (g), subsection 33 (1) and sections 34, 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62, 66, 67, 68 and 69, and the regulations in relation thereto, apply with necessary modifications to a self-employed person. 2001, c. 9, Sched. I, s. 3 (1).”

This piece of gobbledygook basically means that everything that applies to “An employer” also applies to a “Self-employed person” (i.e. a sole-proprietor Home Inspector)

Sections 26 thru 62 in this list are not applicable to inspectors (unless they perform septic inspections), 66 is applicable to the penalties, 67 and 68 are administrative and 69 is the statute of limitations.

In section 25(1) it states that “the measures and procedures prescribed are carried out in the workplace;” These measures and procedures are laid out in the OSHA and associated Ontario regulations and state that (paraphrasing for brevity) workers should maintain proper equipment and safety practices while performing their work.

In section 8 (5.1) the regulation requires “a constructor or employer shall ensure that a health and safety representative selected under subsection (5) receives training to enable him or her to effectively exercise the powers and perform the duties of a health and safety representative.” A sole-proprietor by necessity must be both the worker and the Health and Safety representative for their business.

In section 8 (5.2) the OSHA states "The training described in subsection (5.1) shall meet such requirements as may be prescribed. "

In section 28(1) of the OSHA it states:

                         [Français](http://www.ontario.ca/fr/lois/loi/90o01)

Occupational Health and Safety Act
R.S.O. 1990, CHAPTER O.1
Consolidation Period: From July 1, 2016 to the e-Laws currency date.
Last amendment: 2016, c. 2, Sched. 4.
CONTENTS
1.
Definitions
PART I
APPLICATION
2.
Crown and other Acts
3.
Private residences, farming, teaching
4.
Self-employed persons
PART II
ADMINISTRATION
4.1
Administration of Act
5.
Delegation of powers
6.
Appointment of inspectors and Directors
7.
Certificate of appointment
7.1
Standards – training programs
7.2
Standards – persons who provide training
7.3
Amendment of standard
7.4
Time limit of approval
7.5
Collection and use of training information
7.6
Certification of members
7.7
Delegation
8.
Mandatory selection of health and safety representative
9.
Joint health and safety committee
10.
Worker trades committee
11.
Consultation on industrial hygiene testing
12.
Summary to be furnished
20.
Testimony in civil proceedings, etc.
21.
Advisory committees
22.
Contribution to defray cost
22.1
Powers under federal legislation
PART II.1
PREVENTION COUNCIL, CHIEF PREVENTION OFFICER AND DESIGNATED ENTITIES
Prevention Council
22.2
Prevention Council
Chief Prevention Officer
22.3
Chief Prevention Officer
Changes to Funding and Delivery of Services
22.4
If Minister proposes change
Designated Entities
22.5
Eligible for grant
22.6
Effect of designation
22.7
Compliance and monitoring of designated entities
22.8
Appointment of administrator
22.9
Delegation of powers and duties
PART III
DUTIES OF EMPLOYERS AND OTHER PERSONS
23.
Duties of constructor
24.
Duties of licensees
25.
Duties of employers
26.
Additional duties of employers
27.
Duties of supervisor
28.
Duties of workers
29.
Duties of owners
30.
Duty of project owners
31.
Duties of suppliers
32.
Duties of directors and officers of a corporation
PART III.0.1
VIOLENCE AND HARASSMENT
32.0.1
Policies, violence and harassment
32.0.2
Program, violence
32.0.3
Assessment of risks of violence
32.0.4
Domestic violence
32.0.5
Duties re violence
32.0.6
Program, harassment
32.0.7
Information and instruction, harassment
32.0.7
Duties re harassment
32.0.8
Information and instruction, harassment
PART III.1
CODES OF PRACTICE
32.1
Definition
32.2
Approval of code of practice
32.3
Publication of approval, etc.
32.4
Effect of approved code of practice
PART IV
TOXIC SUBSTANCES
33.
Orders of Director
34.
New biological or chemical agents
35.
Designation of substances
37.
Hazardous material identification and data sheets
38.
Making safety data sheets available
39.
Assessment for hazardous materials
40.
Confidential business information
40.1
Information privileged
41.
Hazardous physical agents
42.
Instruction and training
PART V
RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER
43.
Refusal to work
44.
Definition and non-application
45.
Bilateral work stoppage
46.
Declaration against constructor, etc.
47.
Unilateral work stoppage
48.
Entitlement to investigate
49.
Complaint re direction to stop work
PART VI
REPRISALS BY EMPLOYER PROHIBITED
50.
No discipline, dismissal, etc., by employer
50.1
Offices of the Worker and Employer Advisers
PART VII
NOTICES
51.
Notice of death or injury
52.
Notice of accident, explosion, fire or violence causing injury
53.
Accident, etc., at project site or mine
PART VIII
ENFORCEMENT
54.
Powers of inspector
55.
Order for inspections
55.1
Order for written policies
55.2
Order for written assessment, etc.
55.3
Order for workplace harassment investigation
56.
Warrants – investigative techniques, etc.
56.1
Power of inspector to seize
57.
Orders by inspectors where non-compliance
58.
Entry into barricaded area
59.
Notice of compliance
60.
Injunction proceedings
61.
Appeals from order of an inspector
62.
Obstruction of inspector
63.
Information confidential
64.
Copies of reports
65.
Immunity
PART IX
OFFENCES AND PENALTIES
66.
Penalties
67.
Certified copies of documents, etc., as evidence
68.
Place of trial
68.1
Publication re convictions
69.
Limitation on prosecutions
PART X
REGULATIONS
70.
Regulations
71.
Regulations, taxi industry

Definitions

 [1. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s1s1) In this Act,

“Board” means the Ontario Labour Relations Board; (“Commission”)
“Building Code” means any version of the Ontario Building Code that was in force at any time since it was made under the Building Code Act, 1974, the Building Code Actof the Revised Statutes of Ontario, 1980, the Building Code Actof the Revised Statutes of Ontario, 1990, the Building Code Act, 1992 or a successor to the Building Code Act, 1992; (“code du bâtiment”)
“certified member” means a committee member who is certified under section 7.6; (“membre agréé”)
“Chief Prevention Officer” means the Chief Prevention Officer appointed under subsection 22.3 (1); (“directeur général de la prévention”)
“committee” means a joint health and safety committee established under this Act; (“comité”)
“competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
© has knowledge of any potential or actual danger to health or safety in the workplace; (“personne compétente”)
“construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine; (“construction”)
“constructor” means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer; (“constructeur”)
“Deputy Minister” means the Deputy Minister of Labour; (“sous-ministre”)
“designated substance” means a biological, chemical or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled; (“substance désignée”)
“Director” means an inspector under this Act who is appointed as a Director for the purposes of this Act; (“directeur”)
“employer” means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services; (“employeur”)
“engineer of the Ministry” means a person who is employed by the Ministry and who is licensed as a professional engineer under the Professional Engineers Act; (“ingénieur du ministère”)
“factory” means,
(a) a building or place other than a mine, mining plant or place where homework is carried on, where,
(i) any manufacturing process or assembling in connection with the manufacturing of any goods or products is carried on,
(ii) in preparing, inspecting, manufacturing, finishing, repairing, warehousing, cleaning or adapting for hire or sale any substance, article or thing, energy is,
(A) used to work any machinery or device, or
(B) modified in any manner,
(iii) any work is performed by way of trade or for the purposes of gain in or incidental to the making of any goods, substance, article or thing or part thereof,
(iv) any work is performed by way of trade or for the purposes of gain in or incidental to the altering, demolishing, repairing, maintaining, ornamenting, finishing, storing, cleaning, washing or adapting for sale of any goods, substance, article or thing, or
(v) aircraft, locomotives or vehicles used for private or public transport are maintained,
(b) a laundry including a laundry operated in conjunction with,
(i) a public or private hospital,
(ii) a hotel, or
(iii) a public or private institution for religious, charitable or educational purposes, and
© a logging operation; (“usine”)
“hazardous material” means a biological or chemical agent named or described in the regulations as a hazardous material; (“matériau dangereux”)
“hazardous physical agent” means a physical agent named or described in the regulations as a hazardous physical agent; (“agent physique dangereux”)
“health and safety representative” means a health and safety representative selected under this Act; (“délégué à la santé et à la sécurité”)
“homework” means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or thing or any part thereof by a person for wages in premises occupied primarily as living accommodation; (“travail à domicile”)
“industrial establishment” means an office building, factory, arena, shop or office, and any land, buildings and structures appertaining thereto; (“établissement industriel”)
“inspector” means an inspector appointed for the purposes of this Act and includes a Director; (“inspecteur”)
“labour relations officer” means a labour relations officer appointed under the Labour Relations Act, 1995; (“agent des relations de travail”)
“licensee” means a person who holds a licence under Part III of the Crown Forest Sustainability Act, 1994; (“titulaire d’un permis”)
“logging” means the operation of felling or trimming trees for commercial or industrial purposes or for the clearing of land, and includes the measuring, storing, transporting or floating of logs, the maintenance of haul roads, scarification, the carrying out of planned burns and the practice of silviculture; (“exploitation forestière”)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral-bearing substance, rock, earth, clay, sand or gravel; (“mine”)
“mining plant” means any roasting or smelting furnace, concentrator, mill or place used for or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining, treating or research on any substance mentioned in the definition of “mine”; (“installation minière”)
“Minister” means the Minister of Labour; (“ministre”)
“Ministry” means the Ministry of Labour; (“ministère”)
“occupational illness” means a condition that results from exposure in a workplace to a physical, chemical or biological agent to the extent that the normal physiological mechanisms are affected and the health of the worker is impaired thereby and includes an occupational disease for which a worker is entitled to benefits under the Workplace Safety and Insurance Act, 1997; (“maladie professionnelle”)
“Office of the Employer Adviser” means the office continued under subsection 176 (2) of the Workplace Safety and Insurance Act, 1997; (“Bureau des conseillers des employeurs”)
“Office of the Worker Adviser” means the office continued under subsection 176 (1) of the Workplace Safety and Insurance Act, 1997; (“Bureau des conseillers des travailleurs”)
“owner” includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate; (“propriétaire”)
“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)
“project” means a construction project, whether public or private, including,
(a) the construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof,
(b) the moving of a building or structure, and
© any work or undertaking, or any lands or appurtenances used in connection with construction; (“chantier”)
“regulations” means the regulations made under this Act; (“règlements”)
“shop” means a building, booth or stall or a part of such building, booth or stall where goods are handled, exposed or offered for sale or where services are offered for sale; (“magasin”)
“supervisor” means a person who has charge of a workplace or authority over a worker; (“superviseur”)
“trade union” means a trade union as defined in the Labour Relations Act, 1995 that has the status of exclusive bargaining agent under that Act in respect of any bargaining unit or units in a workplace and includes an organization representing workers or persons to whom this Act applies where such organization has exclusive bargaining rights under any other Act in respect of such workers or persons; (“syndicat”)
“worker” means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program:
1. A person who performs work or supplies services for monetary compensation.
2. A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled.
3. A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution.
4. A person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in subsection 1 (2) of that Act have been met.
5. Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation; (“travailleur”)
“workplace” means any land, premises, location or thing at, upon, in or near which a worker works; (“lieu de travail”)
“workplace harassment” means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome; (“harcèlement au travail”)
Note: On September 8, 2016, the definition of “workplace harassment” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2016, c. 2, Sched. 4, s. 1 (1))
“workplace harassment” means,
(a) engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or
(b) workplace sexual harassment; (“harcèlement au travail”)
Note: On September 8 2016, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2016, c. 2, Sched. 4, s. 1 (2))
“workplace sexual harassment” means,
(a) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
(b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome; (“harcèlement sexuel au travail”)
“workplace violence” means,
(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
© a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. (“violence au travail”) R.S.O. 1990, c. O.1, s. 1 (1); 1993, c. 27, Sched.; 1994, c. 24, s. 35; 1994, c. 25, s. 83 (1); 1997, c. 16, s. 2 (1-3); 1998, c. 8, s. 49; 2009, c. 23, s. 1; 2009, c. 33, Sched. 20, s. 3 (1); 2011, c. 11, s. 1; 2014, c. 10, Sched. 4, s. 1.
Ship under repair

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s1s2)   For the purposes of this Act and the regulations, a ship being  manufactured or under repair shall be deemed to be a project.  R.S.O.  1990, c. O.1, s. 1 (2).

Limitation

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s1s3)   An owner does not become a constructor by virtue only of the fact that  the owner has engaged an architect, professional engineer or other  person solely to oversee quality control at a project.  R.S.O. 1990,  c. O.1, s. 1 (3).

Note: On September 8, 2016, section 1 of the Act is amended by adding the following subsection: (See: 2016, c. 2, Sched. 4, s. 1 (3))
Workplace harassment
(4)](http://www.ontario.ca/fr/lois/loi/90o01#ys1s4) A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment. 2016, c. 2, Sched. 4, s. 1 (3).
Section Amendments with date in force (d/m/y)
PART I
APPLICATION

Crown and other Acts

Crown

 [2. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s2s1)   This Act binds the Crown and applies to an employee in the service of  the Crown or an agency, board, commission or corporation that exercises  any function assigned or delegated to it by the Crown.

Other Acts

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s2s2)Despite  anything in any general or special Act, the provisions of this Act and  the regulations prevail.  R.S.O. 1990, c. O.1, s. 2.

Private residences, farming, teaching

Private residences

 [3. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s3s1)This  Act does not apply to work performed by the owner or occupant or a  servant of the owner or occupant to, in or about a private residence or  the lands and appurtenances used in connection therewith.

Farming operations

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s3s2)Except  as is prescribed and subject to the conditions and limitations  prescribed, this Act or a Part thereof does not apply to farming  operations.

Teachers, etc.

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s3s3)Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to,
 (a) a person who is employed as a teacher as defined in the *Education Act*; or
 (b) a person who is employed as a member or  teaching assistant of the academic staff of a university or a related  institution.  R.S.O. 1990, c. O.1, s. 3.

Self-employed persons

 [4.](http://www.ontario.ca/fr/lois/loi/90o01#s4)  Subsection 25 (1), clauses 26 (1) (c), (e), (f) and (g), subsection 33  (1) and sections 34, 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62,  66, 67, 68 and 69, and the regulations in relation thereto, apply with  necessary modifications to a self-employed person.  2001, c. 9, Sched.  I, s. 3 (1).

Section Amendments with date in force (d/m/y)
PART II
ADMINISTRATION

Administration of Act

 [4.1 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s4p1s1) The Minister is responsible for the administration of this Act.  2011, c. 11, s. 2.

Powers of Minister

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s4p1s2) In administering this Act, the Minister’s powers and duties include the following:
 1. To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases.
 2. To promote public awareness of occupational health and safety.
 3. To educate employers, workers and other persons about occupational health and safety.
 4. To foster a commitment to occupational health and safety among employers, workers and others.
 5. To make grants, in such amounts and on such  terms as the Minister considers advisable, to support occupational  health and safety.  2011, c. 11, s. 2.

Duty to consider

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s4p1s3)  In administering this Act, the Minister shall consider advice that is  provided to the Minister under this Act.  2011, c. 11, s. 2.

Section Amendments with date in force (d/m/y)
Delegation of powers

 [5.](http://www.ontario.ca/fr/lois/loi/90o01#s5)  Where under this Act or the regulations any power or duty is granted to  or vested in the Minister or the Deputy Minister, the Minister or  Deputy Minister may in writing delegate that power or duty from time to  time to any employee in the Ministry subject to such limitations,  restrictions, conditions and requirements as the Minister or Deputy  Minister may set out in the delegation.  R.S.O. 1990, c. O.1, s. 5;  2006, c. 35, Sched. C, s. 93 (1).

Section Amendments with date in force (d/m/y)
Appointment of inspectors and Directors

 [6. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s6s1)  Such persons as may be necessary to administer and enforce this Act and  the regulations may be appointed as inspectors by the Deputy Minister  and the Deputy Minister may designate one or more of the inspectors as a  Director or Directors.

Director may act as inspector

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s6s2)  A Director may exercise any of the powers or perform any of the duties  of an inspector under this Act or the regulations.  R.S.O. 1990, c. O.1,  s. 6.

Certificate of appointment

 [7. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s7s1)  The Deputy Minister shall issue a certificate of appointment, bearing  his or her signature or a facsimile thereof, to every inspector.

Production of certificate

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s7s2)  Every inspector, in the exercise of any powers or duties under this  Act, shall produce his or her certificate of appointment upon request.   R.S.O. 1990, c. O.1, s. 7.

Standards – training programs

 [7.1 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s7p1s1)  The Chief Prevention Officer may establish standards for training  programs required under this Act or the regulations.  2011, c. 11, s. 3.

Approval — training program

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s7p1s2)  The Chief Prevention Officer may approve a training program that is  established before or after this subsection comes into force if the  training program meets the standards established under subsection (1).   2011, c. 11, s. 3.

Section Amendments with date in force (d/m/y)
Standards – persons who provide training

 [7.2 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s7p2s1)  The Chief Prevention Officer may establish standards that a person  shall meet in order to become an approved training provider.  2011,  c. 11, s. 3.

Approval – persons who provide training

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s7p2s2)  The Chief Prevention Officer may approve a person who meets the  standards described in subsection (1) as a training provider with  respect to one or more approved training programs.  2011, c. 11, s. 3.

Section Amendments with date in force (d/m/y)
Amendment of standard

 [7.3 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s7p3s1) The Chief Prevention Officer may amend a standard established under subsection 7.1 (1) or 7.2 (1).  2011, c. 11, s. 3.

Publication of standards

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s7p3s2)  The Chief Prevention Officer shall publish the standards established  under subsections 7.1 (1) and 7.2 (1) promptly after establishing or  amending them.  2011, c. 11, s. 3.

Section Amendments with date in force (d/m/y)
Time limit of approval

 [7.4 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s7p4s1)  An approval given under subsection 7.1 (2) or 7.2 (2) is valid for the  period that the Chief Prevention Officer specifies in the approval.   2011, c. 11, s. 3.

Revocation, etc., of approval

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s7p4s2) The Chief Prevention Officer may revoke or amend an approval given under subsection 7.1 (2) or 7.2 (2).  2011, c. 11, s. 3.

Information to be provided to Chief Prevention Officer

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s7p4s3)  The Chief Prevention Officer may require any person who is seeking an  approval or is the subject of an approval under subsection 7.1 (2) or  7.2 (2) to provide the Chief Prevention Officer with whatever  information, records or accounts he or she may require pertaining to the  approval and the Chief Prevention Officer may make such inquiries and  examinations as he or she considers necessary.  2011, c. 11, s. 3.

Section Amendments with date in force (d/m/y)
Collection and use of training information

 [7.5 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s7p5s1)  The Chief Prevention Officer may collect information about a worker’s  successful completion of an approved training program for the purpose of  maintaining a record of workers who have successfully completed  approved training programs.  2011, c. 11, s. 3.

Disclosure by training provider

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s7p5s2)  The Chief Prevention Officer may require an approved training provider  to disclose to him or her the information described in subsection (1).   2011, c. 11, s. 3.

Same

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s7p5s3)  The Chief Prevention Officer may specify the time at which, and the  form in which, the information shall be provided.  2011, c. 11, s. 3.

Disclosure by Chief Prevention Officer

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s7p5s4)  The Chief Prevention Officer may disclose information collected under  subsection (1) to any person, including but not limited to a current or  potential employer of a worker, if the worker consents to the  disclosure.  2011, c. 11, s. 3.

Section Amendments with date in force (d/m/y)
Certification of members

 [7.6 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s7p6s1) The Chief Prevention Officer may,
 (a) establish training and other requirements that a committee member shall fulfil in order to become a certified member; and
 (b) certify a committee member who fulfils the requirements described in clause (a).  2011, c. 11, s. 4.

Transition

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s7p6s2) A person who is certified under paragraph 5 of subsection 4 (1) of the *Workplace Safety and Insurance Act, 1997*on the date section 20 of the *Occupational Health and Safety Statute Law Amendment Act, 2011* comes into force is deemed to be certified under this section.  2011, c. 11, s. 4.

Section Amendments with date in force (d/m/y)
Delegation

** 7.7 **The Chief Prevention Officer may in writing delegate from time to time his or her powers or duties under subsections 7.1 (2) and 7.2 (2), sections 7.4 and 7.5 and clause 7.6 (1) (b) to any employee in the Ministry, subject to such limitations, restrictions, conditions and requirements as the Chief Prevention Officer may set out in the delegation. 2011, c. 11, s. 5.
Section Amendments with date in force (d/m/y)
Mandatory selection of health and safety representative

 [8. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s8s1)  At a project or other workplace where no committee is required under  section 9 and where the number of workers regularly exceeds five, the  constructor or employer shall cause the workers to select at least one  health and safety representative from among the workers at the workplace  who do not exercise managerial functions.  R.S.O. 1990, c. O.1,  s. 8 (1).

Order appointing health and safety representatives

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s8s2)  If no health and safety representative is required under subsection (1)  and no committee is required under section 9 for a workplace, the  Minister may, by order in writing, require a constructor or employer to  cause the workers to select one or more health and safety  representatives from among the workers at the workplace or part thereof  who do not exercise managerial functions, and may provide in the order  for the qualifications of such representatives.  R.S.O. 1990, c. O.1,  s. 8 (2).

Idem

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s8s3)  The Minister may from time to time give such directions as the Minister  considers advisable concerning the carrying out of the functions of a  health and safety representative.  R.S.O. 1990, c. O.1, s. 8 (3).

What Minister shall consider

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s8s4)  In exercising the power conferred by subsection (2), the Minister shall  consider the matters set out in subsection 9 (5).  R.S.O. 1990, c. O.1,  s. 8 (4).

Selection of representatives

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s8s5)  The selection of a health and safety representative shall be made by  those workers who do not exercise managerial functions and who will be  represented by the health and safety representative in the workplace, or  the part or parts thereof, as the case may be, or, where there is a  trade union or trade unions representing such workers, by the trade  union or trade unions.  R.S.O. 1990, c. O.1, s. 8 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is amended by adding the following subsections:
Training requirement
(5.1)](http://www.ontario.ca/fr/lois/loi/90o01#ys8s5p1) Unless otherwise prescribed, a constructor or employer shall ensure that a health and safety representative selected under subsection (5) receives training to enable him or her to effectively exercise the powers and perform the duties of a health and safety representative. 2011, c. 11, s. 6.
Same
(5.2)](http://www.ontario.ca/fr/lois/loi/90o01#ys8s5p2) The training described in subsection (5.1) shall meet such requirements as may be prescribed. 2011, c. 11, s. 6.
Entitlement to be paid
(5.3)](http://www.ontario.ca/fr/lois/loi/90o01#ys8s5p3) A health and safety representative is deemed to be at work while he or she is receiving the training described in subsection (5.1), and the representative’s employer shall pay the representative for the time spent, at the representative’s regular or premium rate as may be proper. 2011, c. 11, s. 6.
See: 2011, c. 11, ss. 6, 29 (2).
Inspections

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s8s6)  Unless otherwise required by the regulations or by an order by an  inspector, a health and safety representative shall inspect the physical  condition of the workplace at least once a month.  R.S.O. 1990, c. O.1,  s. 8 (6).

Idem

 (7)](http://www.ontario.ca/fr/lois/loi/90o01#s8s7)  If it is not practical to inspect the workplace at least once a month,  the health and safety representative shall inspect the physical  condition of the workplace at least once a year, inspecting at least a  part of the workplace in each month.  R.S.O. 1990, c. O.1, s. 8 (7).

Schedule of inspections

 (8)](http://www.ontario.ca/fr/lois/loi/90o01#s8s8)  The inspection required by subsection (7) shall be undertaken in  accordance with a schedule agreed upon by the constructor or employer  and the health and safety representative.  R.S.O. 1990, c. O.1,  s. 8 (8).

Inspections

 (9)](http://www.ontario.ca/fr/lois/loi/90o01#s8s9)  The constructor, employer and workers shall provide a health and safety  representative with such information and assistance as the member may  require for the purpose of carrying out an inspection of the workplace.   R.S.O. 1990, c. O.1, s. 8 (9).

Idem

 (10)](http://www.ontario.ca/fr/lois/loi/90o01#s8s10)  A health and safety representative has power to identify situations  that may be a source of danger or hazard to workers and to make  recommendations or report his or her findings thereon to the employer,  the workers and the trade union or trade unions representing the  workers.  R.S.O. 1990, c. O.1, s. 8 (10).

Powers of representative

 (11)](http://www.ontario.ca/fr/lois/loi/90o01#s8s11) A health and safety representative has the power,
 (a) to obtain information from the constructor or  employer concerning the conducting or taking of tests of any equipment,  machine, device, article, thing, material or biological, chemical or  physical agent in or about a workplace for the purpose of occupational  health and safety;
 (b) to be consulted about, and be present at the  beginning of, testing referred to in clause (a) conducted in or about  the workplace if the representative believes his or her presence is  required to ensure that valid testing procedures are used or to ensure  that the test results are valid; and
 (c) to obtain information from the constructor or employer respecting,
 (i) the identification of potential or existing hazards of materials, processes or equipment, and
 (ii) health and safety experience and work  practices and standards in similar or other industries of which the  constructor or employer has knowledge.  R.S.O. 1990, c. O.1, s. 8 (11).

Response to recommendations

 (12)](http://www.ontario.ca/fr/lois/loi/90o01#s8s12)  A constructor or employer who receives written recommendations from a  health and safety representative shall respond in writing within  twenty-one days.  R.S.O. 1990, c. O.1, s. 8 (12).

Idem

 (13)](http://www.ontario.ca/fr/lois/loi/90o01#s8s13)  A response of a constructor or employer under subsection (12) shall  contain a timetable for implementing the recommendations the constructor  or employer agrees with and give reasons why the constructor or  employer disagrees with any recommendations that the constructor or  employer does not accept.  R.S.O. 1990, c. O.1, s. 8 (13).

Notice of accident, inspection by representative

 (14)](http://www.ontario.ca/fr/lois/loi/90o01#s8s14)  Where a person is killed or critically injured at a workplace from any  cause, the health and safety representative may, subject to subsection  51 (2), inspect the place where the accident occurred and any machine,  device or thing, and shall report his or her findings in writing to a  Director.  R.S.O. 1990, c. O.1, s. 8 (14).

Entitlement to time from work

 (15)](http://www.ontario.ca/fr/lois/loi/90o01#s8s15)  A health and safety representative is entitled to take such time from  work as is necessary to carry out his or her duties under subsections  (6) and (14) and the time so spent shall be deemed to be work time for  which the representative shall be paid by his or her employer at the  representative’s regular or premium rate as may be proper.  R.S.O. 1990,  c. O.1, s. 8 (15).

Additional powers of certain health and safety representatives

 (16)](http://www.ontario.ca/fr/lois/loi/90o01#s8s16)  A health and safety representative or representatives of like nature  appointed or selected under the provisions of a collective agreement or  other agreement or arrangement between the constructor or the employer  and the workers, has, in addition to his or her functions and powers  under the provisions of the collective agreement or other agreement or  arrangement, the functions and powers conferred upon a health and safety  representative by this section.  R.S.O. 1990, c. O.1, s. 8 (16).

Section Amendments with date in force (d/m/y)
Joint health and safety committee

Application

 [9. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s9s1)Subject to subsection (3), this section does not apply,
 (a) to a constructor at a project at which work is expected to last less than three months; or
 (b) to a prescribed employer or workplace or class of employers or workplaces.  R.S.O. 1990, c. O.1, s. 9 (1).

Joint health and safety committee

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s9s2) A joint health and safety committee is required,
 (a) at a workplace at which twenty or more workers are regularly employed;
 (b) at a workplace with respect to which an order to an employer is in effect under section 33; or
 (c) at a workplace, other than a construction  project where fewer than twenty workers are regularly employed, with  respect to which a regulation concerning designated substances applies.   R.S.O. 1990, c. O.1, s. 9 (2).

Minister’s order

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s9s3)  Despite subsections (1) and (2), the Minister may, by order in writing,  require a constructor or an employer to establish and maintain one or  more joint health and safety committees for a workplace or a part  thereof, and may, in such order, provide for the composition, practice  and procedure of any committee so established.  R.S.O. 1990, c. O.1,  s. 9 (3).

Same

 (3.1)](http://www.ontario.ca/fr/lois/loi/90o01#s9s3p1)  Despite subsections (1) and (2), the Minister may, by order in writing,  permit a constructor or an employer to establish and maintain one joint  health and safety committee for more than one workplace or parts  thereof, and may, in the order, provide for the composition, practice  and procedure of any committee so established.  1994, c. 27, s. 120 (1).

Same

 (3.2)](http://www.ontario.ca/fr/lois/loi/90o01#s9s3p2) In an order under subsection (3.1), the Minister may,
 (a) provide that the members of a committee who  represent workers may designate a worker at a workplace who is not a  member of the committee to inspect the physical condition of the  workplace under subsection 9 (23) and to exercise a committee member’s  rights and responsibilities under clause 43 (4) (a) and subsections 43  (7), (11) and (12); and
 (b) require the employer to provide training to  the worker to enable the worker to adequately perform the tasks or  exercise the rights and responsibilities delegated by the committee.   2001, c. 9, Sched. I, s. 3 (3).

Same

 (3.3)](http://www.ontario.ca/fr/lois/loi/90o01#s9s3p3) If a worker is designated under clause (3.2) (a), the following apply:
 1. The designated worker shall comply with this  section as if the worker were a committee member while exercising a  committee member’s rights and responsibilities.
 2. Subsections 9 (35) and 43 (13), section 55,  clauses 62 (5) (a) and (b) and subsection 65 (1) apply to the designated  worker as if the worker were a committee member while the worker  exercises a committee member’s rights and responsibilities.
 3. The worker does not become a member of the committee as a result of the designation.  2001, c. 9, Sched. I, s. 3 (3).

Establishment of committee

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s9s4)  The constructor or employer shall cause a joint health and safety  committee to be established and maintained at the workplace unless the  Minister is satisfied that a committee of like nature or an arrangement,  program or system in which the workers participate was, on the 1st day  of October, 1979, established and maintained pursuant to a collective  agreement or other agreement or arrangement and that such committee,  arrangement, program or system provides benefits for the health and  safety of the workers equal to, or greater than, the benefits to be  derived under a committee established under this section.  R.S.O. 1990,  c. O.1, s. 9 (4); 1993, c. 27, Sched.

What Minister shall consider

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s9s5) In exercising the power conferred by subsection (3) or (3.1), the Minister shall consider,
 (a) the nature of the work being done;
 (b) the request of a constructor, an employer, a  group of the workers or the trade union or trade unions representing the  workers in a workplace;
 (c) the frequency of illness or injury in the workplace or in the industry of which the constructor or employer is a part;
 (d) the existence of health and safety programs and procedures in the workplace and the effectiveness thereof; and
 (e) such other matters as the Minister considers advisable.  R.S.O. 1990, c. O.1, s. 9 (5); 1994, c. 27, s. 120 (2).

Composition of committee

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s9s6) A committee shall consist of,
 (a) at least two persons, for a workplace where fewer than fifty workers are regularly employed; or
 (b) at least four persons or such greater number  of people as may be prescribed, for a workplace where fifty or more  workers are regularly employed.  R.S.O. 1990, c. O.1, s. 9 (6).

Idem

 (7)](http://www.ontario.ca/fr/lois/loi/90o01#s9s7)  At least half the members of a committee shall be workers employed at  the workplace who do not exercise managerial functions.  R.S.O. 1990,  c. O.1, s. 9 (7).

Selection of members

 (8)](http://www.ontario.ca/fr/lois/loi/90o01#s9s8)  The members of a committee who represent workers shall be selected by  the workers they are to represent or, if a trade union or unions  represent the workers, by the trade union or unions.  R.S.O. 1990,  c. O.1, s. 9 (8).

Idem

 (9)](http://www.ontario.ca/fr/lois/loi/90o01#s9s9)  The constructor or employer shall select the remaining members of a  committee from among persons who exercise managerial functions for the  constructor or employer and, to the extent possible, who do so at the  workplace.  R.S.O. 1990, c. O.1, s. 9 (9).

Requirement for committee membership

 (10)](http://www.ontario.ca/fr/lois/loi/90o01#s9s10)  A member of the committee who ceases to be employed at the workplace  ceases to be a member of the committee.  R.S.O. 1990, c. O.1, s. 9 (10).

Committee to be co-chaired

 (11)](http://www.ontario.ca/fr/lois/loi/90o01#s9s11)  Two of the members of a committee shall co-chair the committee, one of  whom shall be selected by the members who represent workers and the  other of whom shall be selected by the members who exercise managerial  functions.  R.S.O. 1990, c. O.1, s. 9 (11).

Certification requirement

 (12)](http://www.ontario.ca/fr/lois/loi/90o01#s9s12)  Unless otherwise prescribed, a constructor or employer shall ensure  that at least one member of the committee representing the constructor  or employer and at least one member representing workers are certified  members.  R.S.O. 1990, c. O.1, s. 9 (12).

Idem

 (13)](http://www.ontario.ca/fr/lois/loi/90o01#s9s13)  Subsection (12) does not apply with respect to a project where fewer  than fifty workers are regularly employed or that is expected to last  less than three months.  R.S.O. 1990, c. O.1, s. 9 (13).

Designation of member to be certified

 (14)](http://www.ontario.ca/fr/lois/loi/90o01#s9s14)  If no member representing workers is a certified member, the workers or  the trade unions who selected the members representing workers shall  select from among them one or more who are to become certified.  R.S.O.  1990, c. O.1, s. 9 (14).

Designation of certified members

 (15)](http://www.ontario.ca/fr/lois/loi/90o01#s9s15)  If there is more than one certified member representing workers, the  workers or the trade unions who selected the members representing  workers shall designate one or more certified members who then become  solely entitled to exercise the rights and required to perform the  duties under this Act of a certified member representing workers.   R.S.O. 1990, c. O.1, s. 9 (15).

Idem

 (16)](http://www.ontario.ca/fr/lois/loi/90o01#s9s16)  If there is more than one certified member representing the constructor  or employer, the constructor or employer shall designate one or more of  them who then become solely entitled to exercise the rights and  required to perform the duties under this Act of a certified member  representing a constructor or an employer.  R.S.O. 1990, c. O.1, s. 9  (16).

Replacement of certified member

 (17)](http://www.ontario.ca/fr/lois/loi/90o01#s9s17)  If a certified member resigns or is unable to act, the constructor or  employer shall, within a reasonable time, take all steps necessary to  ensure that the requirement set out in subsection (12) is met.  R.S.O.  1990, c. O.1, s. 9 (17).

Powers of committee

 (18)](http://www.ontario.ca/fr/lois/loi/90o01#s9s18) It is the function of a committee and it has power to,
 (a) identify situations that may be a source of danger or hazard to workers;
 (b) make recommendations to the constructor or  employer and the workers for the improvement of the health and safety of  workers;
 (c) recommend to the constructor or employer and  the workers the establishment, maintenance and monitoring of programs,  measures and procedures respecting the health or safety of workers;
 (d) obtain information from the constructor or employer respecting,
 (i) the identification of potential or existing hazards of materials, processes or equipment, and
 (ii) health and safety experience and work  practices and standards in similar or other industries of which the  constructor or employer has knowledge;
 (e) obtain information from the constructor or  employer concerning the conducting or taking of tests of any equipment,  machine, device, article, thing, material or biological, chemical or  physical agent in or about a workplace for the purpose of occupational  health and safety; and
 (f) be consulted about, and have a designated  member representing workers be present at the beginning of, testing  referred to in clause (e) conducted in or about the workplace if the  designated member believes his or her presence is required to ensure  that valid testing procedures are used or to ensure that the test  results are valid.  R.S.O. 1990, c. O.1, s. 9 (18).

Idem

 (19)](http://www.ontario.ca/fr/lois/loi/90o01#s9s19)  The members of the committee who represent workers shall designate one  of them who is entitled to be present at the beginning of testing  described in clause (18) (f).  R.S.O. 1990, c. O.1, s. 9 (19).

Powers of co-chairs

 (19.1)](http://www.ontario.ca/fr/lois/loi/90o01#s9s19p1)  If the committee has failed to reach consensus about making  recommendations under subsection (18) after attempting in good faith to  do so, either co-chair of the committee has the power to make written  recommendations to the constructor or employer.  2011, c. 11, s. 7 (1).

Response to recommendations

 (20)](http://www.ontario.ca/fr/lois/loi/90o01#s9s20)  A constructor or employer who receives written recommendations from a  committee or co-chair shall respond in writing within twenty-one days.   R.S.O. 1990, c. O.1, s. 9 (20); 2011, c. 11, s. 7 (2).

Idem

 (21)](http://www.ontario.ca/fr/lois/loi/90o01#s9s21)  A response of a constructor or employer under subsection (20) shall  contain a timetable for implementing the recommendations the constructor  or employer agrees with and give reasons why the constructor or  employer disagrees with any recommendations that the constructor or  employer does not accept.  R.S.O. 1990, c. O.1, s. 9 (21).

Minutes of proceedings

 (22)](http://www.ontario.ca/fr/lois/loi/90o01#s9s22)  A committee shall maintain and keep minutes of its proceedings and make  the same available for examination and review by an inspector.  R.S.O.  1990, c. O.1, s. 9 (22).

Inspections

 (23)](http://www.ontario.ca/fr/lois/loi/90o01#s9s23)  Subject to subsection (24), the members of a committee who represent  workers shall designate a member representing workers to inspect the  physical condition of the workplace.  R.S.O. 1990, c. O.1, s. 9 (23).

Idem

 (24)](http://www.ontario.ca/fr/lois/loi/90o01#s9s24) If possible, the member designated under subsection (23) shall be a certified member.  R.S.O. 1990, c. O.1, s. 9 (24).

Idem

 (25)](http://www.ontario.ca/fr/lois/loi/90o01#s9s25)  The members of a committee are not required to designate the same  member to perform all inspections or to perform all of a particular  inspection.  R.S.O. 1990, c. O.1, s. 9 (25).

Idem

 (26)](http://www.ontario.ca/fr/lois/loi/90o01#s9s26)  Unless otherwise required by the regulations or by an order by an  inspector, a member designated under subsection (23) shall inspect the  physical condition of the workplace at least once a month.  R.S.O. 1990,  c. O.1, s. 9 (26).

Idem

 (27)](http://www.ontario.ca/fr/lois/loi/90o01#s9s27)  If it is not practical to inspect the workplace at least once a month,  the member designated under subsection (23) shall inspect the physical  condition of the workplace at least once a year, inspecting at least a  part of the workplace in each month.  R.S.O. 1990, c. O.1, s. 9 (27).

Schedule of inspections

 (28)](http://www.ontario.ca/fr/lois/loi/90o01#s9s28)  The inspection required by subsection (27) shall be undertaken in  accordance with a schedule established by the committee.  R.S.O. 1990,  c. O.1, s. 9 (28).

Inspections

 (29)](http://www.ontario.ca/fr/lois/loi/90o01#s9s29)  The constructor, employer and the workers shall provide a member  designated under subsection (23) with such information and assistance as  the member may require for the purpose of carrying out an inspection of  the workplace.  R.S.O. 1990, c. O.1, s. 9 (29).

Information reported to the committee

 (30)](http://www.ontario.ca/fr/lois/loi/90o01#s9s30)  The member shall inform the committee of situations that may be a  source of danger or hazard to workers and the committee shall consider  such information within a reasonable period of time.  R.S.O. 1990,  c. O.1, s. 9 (30).

Idem

 (31)](http://www.ontario.ca/fr/lois/loi/90o01#s9s31)  The members of a committee who represent workers shall designate one or  more such members to investigate cases where a worker is killed or  critically injured at a workplace from any cause and one of those  members may, subject to subsection 51 (2), inspect the place where the  accident occurred and any machine, device or thing, and shall report his  or her findings to a Director and to the committee.  R.S.O. 1990,  c. O.1, s. 9 (31).

Posting of names and work locations

 (32)](http://www.ontario.ca/fr/lois/loi/90o01#s9s32)  A constructor or an employer required to establish a committee under  this section shall post and keep posted at the workplace the names and  work locations of the committee members in a conspicuous place or places  where they are most likely to come to the attention of the workers.   R.S.O. 1990, c. O.1, s. 9 (32).

Meetings

 (33)](http://www.ontario.ca/fr/lois/loi/90o01#s9s33)  A committee shall meet at least once every three months at the  workplace and may be required to meet by order of the Minister.  R.S.O.  1990, c. O.1, s. 9 (33).

Entitlement to time from work

 (34)](http://www.ontario.ca/fr/lois/loi/90o01#s9s34) A member of a committee is entitled to,
 (a) one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting;
 (b) such time as is necessary to attend meetings of the committee; and
 (c) such time as is necessary to carry out the  member’s duties under subsections (26), (27) and (31).  R.S.O. 1990,  c. O.1, s. 9 (34).

Entitlement to be paid

 (35)](http://www.ontario.ca/fr/lois/loi/90o01#s9s35)  A member of a committee shall be deemed to be at work during the times  described in subsection (34) and the member’s employer shall pay the  member for those times at the member’s regular or premium rate as may be  proper.  R.S.O. 1990, c. O.1, s. 9 (35).

Idem

 (36)](http://www.ontario.ca/fr/lois/loi/90o01#s9s36)  A member of a committee shall be deemed to be at work while the member  is fulfilling the requirements for becoming a certified member and the  member’s employer shall pay the member for the time spent at the  member’s regular or premium rate as may be proper.  R.S.O. 1990, c. O.1,  s. 9 (36); 1998, c. 8, s. 50 (1); 2011, c. 11, s. 7 (3).

Exception

 (37)](http://www.ontario.ca/fr/lois/loi/90o01#s9s37)  Subsection (36) does not apply with respect to workers who are paid by  the Workplace Safety and Insurance Board for the time spent fulfilling  the requirements for becoming certified.  R.S.O. 1990, c. O.1, s. 9  (37); 1998, c. 8, s. 50 (2).

Additional powers of certain committees

 (38)](http://www.ontario.ca/fr/lois/loi/90o01#s9s38)  Any committee of a like nature to a committee established under this  section in existence in a workplace under the provisions of a collective  agreement or other agreement or arrangement between a constructor or an  employer and the workers has, in addition to its functions and powers  under the provisions of the collective agreement or other agreement or  arrangement, the functions and powers conferred upon a committee by this  section.  R.S.O. 1990, c. O.1, s. 9 (38).

Dispute resolution

 (39)](http://www.ontario.ca/fr/lois/loi/90o01#s9s39)  Where a dispute arises as to the application of subsection (2), or the  compliance or purported compliance therewith by a constructor or an  employer, the dispute shall be decided by the Minister after consulting  the constructor or the employer and the workers or the trade union or  trade unions representing the workers.  R.S.O. 1990, c. O.1, s. 9 (39).

Section Amendments with date in force (d/m/y)
Worker trades committee

 [10. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s10s1)If  a committee is required at a project, other than a project where fewer  than fifty workers are regularly employed or that is expected to last  less than three months, the committee shall establish a worker trades  committee for the project.

Committee membership

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s10s2) The members of a worker trades committee shall represent workers employed in each of the trades at the workplace.

Selection of members

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s10s3)  The members of a worker trades committee shall be selected by the  workers employed in the trades the members are to represent or, if a  trade union represents the workers, by the trade union.

Function of worker trades committee

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s10s4)  It is the function of a worker trades committee to inform the committee  at the workplace of the health and safety concerns of the workers  employed in the trades at the workplace.

Entitlement to time from work

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s10s5)  Subject to subsection (6), a member of a worker trades committee is  entitled to such time from work as is necessary to attend meetings of  the worker trades committee and the time so spent shall be deemed to be  work time for which the member shall be paid by the employer at the  member’s regular or premium rate as may be proper.

Committee to determine maximum entitlement

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s10s6)  The committee for a workplace shall determine the maximum amount of  time for which members of a worker trades committee for the workplace  are entitled to be paid under subsection (5) for each meeting of the  worker trades committee.  R.S.O. 1990, c. O.1, s. 10.

Consultation on industrial hygiene testing

 [11. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s11s1)The  constructor or employer at a workplace shall consult a health and  safety representative or the committee with respect to proposed testing  strategies for investigating industrial hygiene at the workplace.

Information

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s11s2)  The constructor or employer shall provide information to a health and  safety representative or the committee concerning testing strategies to  be used to investigate industrial hygiene at the workplace.

Attendance at testing

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s11s3)  A health and safety representative or a designated committee member  representing workers at a workplace is entitled to be present at the  beginning of testing conducted with respect to industrial hygiene at the  workplace if the representative or member believes his or her presence  is required to ensure that valid testing procedures are used or to  ensure that the test results are valid.

Designation of member

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s11s4)  The committee members representing workers shall designate one of them  for the purpose of subsection (3).  R.S.O. 1990, c. O.1, s. 11.

Summary to be furnished

 [12. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s12s1)For workplaces to which the insurance plan established under the *Workplace Safety and Insurance Act, 1997*  applies, the Workplace Safety and Insurance Board, upon the request of  an employer, a worker, committee, health and safety representative or  trade union, shall send to the employer, and to the worker, committee,  health and safety representative or trade union requesting the  information an annual summary of data relating to the employer in  respect of the number of work accident fatalities, the number of lost  work day cases, the number of lost work days, the number of non-fatal  cases that required medical aid without lost work days, the incidence of  occupational illnesses, the number of occupational injuries, and such  other data as the Board may consider necessary or advisable.  R.S.O.  1990, c. O.1, s. 12 (1); 1997, c. 16, s. 2 (4).

Posting of copy of summary

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s12s2)  Upon receipt of the annual summary, the employer shall cause a copy  thereof to be posted in a conspicuous place or places at the workplace  where it is most likely to come to the attention of the workers.

Director to provide information

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s12s3)  A Director shall, in accordance with the objects and purposes of this  Act, ensure that persons and organizations concerned with the purposes  of this Act are provided with information and advice pertaining to its  administration and to the protection of the occupational health and  occupational safety of workers generally.  R.S.O. 1990, c. O.1, s. 12  (2, 3).

Section Amendments with date in force (d/m/y)
13. Repealed: 1997, c. 16, s. 2 (5).
Section Amendments with date in force (d/m/y)
14. Repealed: 1997, c. 16, s. 2 (6).
Section Amendments with date in force (d/m/y)
15. Repealed: 1997, c. 16, s. 2 (7).
Section Amendments with date in force (d/m/y)
16. Repealed: 1997, c. 16, s. 2 (8).
Section Amendments with date in force (d/m/y)
17. Repealed: 1997, c. 16, s. 2 (9).
Section Amendments with date in force (d/m/y)
18. Repealed: 1997, c. 16, s. 2 (10).
Section Amendments with date in force (d/m/y)
19. Repealed: 1997, c. 16, s. 2 (10).
Section Amendments with date in force (d/m/y)
Testimony in civil proceedings, etc.

 [20. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s20s1)Except  with the consent of the Board, no member of the Board, nor its  registrar, nor any of its other officers, nor any of its clerks or  servants shall be required to give testimony in any civil proceeding or  in any proceeding before the Board or in any proceeding before any other  tribunal respecting information obtained in the discharge of their  duties or while acting within the scope of their employment under this  Act.

Non-disclosure

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s20s2)  No information or material furnished to or received by a labour  relations officer under this Act shall be disclosed except to the Board  or as authorized by the Board.  1998, c. 8, s. 51.

Section Amendments with date in force (d/m/y)
Advisory committees

 [21. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s21s1)  The Minister may appoint committees, which are not committees as  defined in subsection 1 (1), or persons to assist or advise the Minister  on any matter arising under this Act or to inquire into and report to  the Minister on any matter that the Minister considers advisable.   R.S.O. 1990, c. O.1, s. 21 (1).

Remuneration and expenses

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s21s2) Any person appointed under subsection (1) who is not a public servant within the meaning of the *Public Service of Ontario Act, 2006 *may  be paid such remuneration and expenses as may be from time to time  fixed by the Lieutenant Governor in Council.  R.S.O. 1990, c. O.1,  s. 21 (2); 2006, c. 35, Sched. C, s. 93 (2).

Section Amendments with date in force (d/m/y)
Contribution to defray cost

 [22. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22s1)The Workplace Safety and Insurance Board shall require Schedule 1 and Schedule 2 employers under the *Workplace Safety and Insurance Act, 1997* to make payments to  defray the cost of administering this Act and the regulations.  The  Lieutenant Governor in Council may fix the total payment to be made by  all employers for that purpose.

Same

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22s2)  The Workplace Safety and Insurance Board shall remit the money  collected from employers under this section to the Minister of Finance.   1997, c. 16, s. 2 (11).

Section Amendments with date in force (d/m/y)
Powers under federal legislation

 [22.1 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p1s1) If a regulation under the *Canada Labour Code* incorporates by reference all or part of this Act or the regulations  made under it, the Board and any person having powers under this Act may  exercise any powers conferred by the regulation under the *Canada Labour Code*.  2011, c. 1, Sched. 7, s. 2 (1).

Same

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p1s2) If a regulation under section 44 of the *Nuclear Safety and Control Act* (Canada) requires an employer to whom this Act applies to comply with  all or part of this Act or the regulations made under it, the Board and  any person having powers under this Act may exercise any powers  conferred by the regulation under the *Nuclear Safety and Control Act* (Canada).  2011, c. 1, Sched. 7, s. 2 (1).

Section Amendments with date in force (d/m/y)
Part II.1
Prevention Council, Chief Prevention Officer and designated entities

Prevention Council

Prevention Council

 [22.2 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s1)  The Minister shall establish a council to be known as the Prevention  Council in English and Conseil de la prévention in French.  2011, c. 11,  s. 8 (1).

Composition

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s2)  The Council shall be composed of such members as the Minister may  appoint, and shall include representatives from each of the following  groups:
 1. Trade unions and provincial labour organizations.
 2. Employers.
 3. Non-unionized workers, the Workplace Safety  and Insurance Board and persons with occupational health and safety  expertise.  2011, c. 11, s. 8 (1).

Same

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s3) In appointing members of the Council, the Minister shall ensure that,
 (a) an equal number of members are appointed to represent the groups described in paragraphs 1 and 2 of subsection (2); and
 (b) the group described in paragraph 3 of  subsection (2) is represented by not more than one-third of the members  of the Council.  2011, c. 11, s. 8 (1).

Appointment of members

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s4) The members of the Council shall be appointed for such term as may be determined by the Minister.  2011, c. 11, s. 8 (1).

Chair

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s5)  The members of the Council shall choose a chair from among themselves  by the date fixed by the Minister; if they fail to do so, the Minister  shall designate a member as chair.  2011, c. 11, s. 8 (1).

Same

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s6)  Subsection (5) applies on the first appointment of members and  thereafter whenever the office of chair is vacant.  2011, c. 11,  s. 8 (1).

Functions

 (7)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s7) The Council shall,
 (a) provide advice to the Minister on the appointment of a Chief Prevention Officer;
 (b) provide advice to the Chief Prevention Officer,
 (i) on the prevention of workplace injuries and occupational diseases,
 (ii) for the purposes of the provincial occupational health and safety strategy and the annual report under section 22.3, and
 (iii) on any significant proposed changes to  the funding and delivery of services for the prevention of workplace  injuries and occupational diseases;
 (c) provide advice on any other matter specified by the Minister; and
 (d) perform such other functions as may be specified by the Minister.  2011, c. 11, s. 8 (1).

Advice

 (8)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s8)  For the purposes of subsection (7), any advice provided by the Council  shall be communicated by the chair of the Council.  2011, c. 11,  s. 8 (1).

Remuneration and expenses

 (9)](http://www.ontario.ca/fr/lois/loi/90o01#s22p2s9) Any member of the Council who is not a public servant within the meaning of the *Public Service of Ontario Act, 2006*  may be paid such remuneration and expenses as may be from time to time  fixed by the Lieutenant Governor in Council.  2011, c. 11, s. 8 (1).

Section Amendments with date in force (d/m/y)
Chief Prevention Officer

Chief Prevention Officer

Functions

 [22.3 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s1) The Minister shall appoint a Chief Prevention Officer to,
 (a) develop a provincial occupational health and safety strategy;
 (b) prepare an annual report on occupational health and safety;
 (c) exercise any power or duty delegated to him or her by the Minister under this Act;
 (d) provide advice to the Minister on the prevention of workplace injuries and occupational diseases;
 (e) provide advice to the Minister on any proposed  changes to the funding and delivery of services for the prevention of  workplace injuries and occupational diseases;
 (f) provide advice to the Minister on the establishment of standards for designated entities under section 22.5;
 (g) exercise the powers and perform the duties with respect to training that are set out in sections 7.1 to 7.5;
 (h) establish requirements for the certification  of persons for the purposes of this Act and certify persons under  section 7.6 who meet those requirements;
 (i) exercise the powers and perform the duties set out in section 22.7; and
 (j) exercise such other powers and perform such  other duties as may be assigned to the Chief Prevention Officer under  this Act.  2011, c. 11, s. 8 (1).

Appointment

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s2)  The Chief Prevention Officer may be appointed for a term not exceeding  five years and may be reappointed for successive terms not exceeding  five years each.  2011, c. 11, s. 8 (1).

Occupational health and safety strategy

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s3) The Chief Prevention Officer shall develop a written provincial occupational health and safety strategy that includes,
 (a) a statement of occupational health and safety goals;
 (b) key performance indicators for measuring the achievement of the goals; and
 (c) any other matter specified by the Minister.  2011, c. 11, s. 8 (1).

Advice of Prevention Council

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s4)  The Chief Prevention Officer shall consult with the Prevention Council  and shall consider its advice in developing the strategy.  2011, c. 11,  s. 8 (1).

Strategy provided to Minister

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s5)  The Chief Prevention Officer shall provide the strategy to the Minister  on or before a day specified by the Minister.  2011, c. 11, s. 8 (1).

Minister’s approval

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s6)  The Minister may approve the strategy or refer it back to the Chief  Prevention Officer for further consideration.  2011, c. 11, s. 8 (1).

Publication

 (7)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s7) After approving the strategy, the Minister shall publish it promptly.  2011, c. 11, s. 8 (1).

Annual report

 (8)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s8)  The Chief Prevention Officer shall provide an annual written report to  the Minister on occupational health and safety that includes a  measurement of the achievement of the goals established in the strategy,  and that contains such other information as the Minister may require.   2011, c. 11, s. 8 (1).

Advice of Prevention Council

 (9)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s9)  The Chief Prevention Officer shall consult with the Prevention Council  and shall consider its advice in developing the report.  2011, c. 11,  s. 8 (1).

Report provided to Minister

 (10)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s10)  The Chief Prevention Officer shall provide the annual report to the  Minister on or before a day specified by the Minister.  2011, c. 11,  s. 8 (1).

Publication

 (11)](http://www.ontario.ca/fr/lois/loi/90o01#s22p3s11) The Minister shall publish the Chief Prevention Officer’s report promptly.  2011, c. 11, s. 8 (1).

Section Amendments with date in force (d/m/y)
Changes to Funding and Delivery of Services

If Minister proposes change

 [22.4 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p4s1)  If the Minister is considering a proposed change to the funding and  delivery of services for the prevention of workplace injuries and  occupational diseases, the Minister shall determine whether the proposed  change would be a significant change.  2011, c. 11, s. 8 (1).

If proposed change significant

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p4s2)  If the Minister determines that the proposed change is significant, the  Minister shall seek advice from the Chief Prevention Officer with  respect to the proposed change.  2011, c. 11, s. 8 (1).

If Chief Prevention Officer advising on change

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s22p4s3)  If the Chief Prevention Officer is considering providing advice to the  Minister concerning a proposed change to the funding and delivery of  services for the prevention of workplace injuries and occupational  diseases, the Chief Prevention Officer shall determine whether the  proposed change would be a significant change.  2011, c. 11, s. 8 (1).

Prevention Council endorsement

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s22p4s4)  If the Minister asks the Chief Prevention Officer for advice under  subsection (2) or if the Chief Prevention Officer determines under  subsection (3) that a proposed change would be a significant change, the  Chief Prevention Officer shall,
 (a) ask the chair of the Prevention Council to state whether the Council endorses the proposed change; and
 (b) include that statement in the advice to the Minister.  2011, c. 11, s. 8 (1).

Matters to consider in determining if change is significant

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s22p4s5)  The Minister and the Chief Prevention Officer shall consider such  matters as may be prescribed when determining whether a proposed change  to the funding and delivery of services for the prevention of workplace  injuries and occupational diseases would be a significant change.  2011,  c. 11, s. 8 (1).

Regulation

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s22p4s6)  On the recommendation of the Minister, the Lieutenant Governor in  Council may make regulations prescribing matters to be considered when  determining whether a proposed change to the funding and delivery of  services for the prevention of workplace injuries and occupational  diseases would be a significant change.  2011, c. 11, s. 8 (1).

Same

 (7)](http://www.ontario.ca/fr/lois/loi/90o01#s22p4s7)  Before recommending to the Lieutenant Governor in Council that a  regulation be made under subsection (6), the Minister shall seek the  advice of the Chief Prevention Officer and require the Chief Prevention  Officer to seek the advice of the Prevention Council with respect to the  matters to be prescribed.  2011, c. 11, s. 8 (1).

Section Amendments with date in force (d/m/y)
Designated Entities

Eligible for grant

 [22.5 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s1) An entity that is designated under this section is eligible for a grant from the Ministry.  2011, c. 11, s. 8 (2).

Designation by Minister

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s2)  The Minister may designate an entity as a safe workplace association or  as a medical clinic or training centre specializing in occupational  health and safety matters if the entity meets the standards established  by the Minister.  2011, c. 11, s. 8 (2).

Standards

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s3) The Minister may establish standards that an entity shall meet before it is eligible to be designated.  2011, c. 11, s. 8 (2).

Same

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s4)  The standards established under subsection (3) may address any matter  the Minister considers appropriate, including governance, objectives,  functions and operations.  2011, c. 11, s. 8 (2).

Same

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s5)  The Minister may establish different standards for associations,  clinics or centres serving different industries or groups.  2011, c. 11,  s. 8 (2).

Duty to comply

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s6)  A designated entity shall operate in accordance with the standards  established under subsection (3) that apply to it, and in accordance  with any other requirements imposed on it under section 22.6.  2011,  c. 11, s. 8 (2).

Amendment of standard

 (7)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s7) The Minister may amend a standard established under subsection (3).  2011, c. 11, s. 8 (2).

Date for compliance with amended standard

 (8)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s8)  If the Minister amends a standard established under subsection (3), the  Minister shall establish a date by which designated entities to which  the amended standard applies are required to comply with it.  2011,  c. 11, s. 8 (2).

Publication of standards

 (9)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s9) The Minister shall promptly publish,
 (a) the standards established under subsection (3); and
 (b) standards amended under subsection (7),  together with the compliance date described in subsection (8).  2011,  c. 11, s. 8 (2).

Transition

 (10)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s10)  When the Minister establishes and publishes standards under subsections  (3) and (9) for the first time after the coming into force of  subsection 8 (2) of the *Occupational Health and Safety Statute Law Amendment Act, 2011*,  the Minister shall establish a date for the purposes of subsections  (11) and (12) and shall publish it together with the standards.  2011,  c. 11, s. 8 (2).

Same

 (11)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s11)  An entity that is designated as a safe workplace association or as a  medical clinic or training centre specializing in occupational health  and safety matters under section 6 of the *Workplace Safety and Insurance Act, 1997*on the date section 20 of the *Occupational Health and Safety Statute Law Amendment Act, 2011*  comes into force is deemed to be designated for the purposes of this  Act until the date established by the Minister under subsection (10).   2011, c. 11, s. 8 (2).

Same

 (12)](http://www.ontario.ca/fr/lois/loi/90o01#s22p5s12) The standards that are in place under section 6 of the *Workplace Safety and Insurance Act, 1997*on the date section 20 of the *Occupational Health and Safety Statute Law Amendment Act, 2011* comes into force continue to apply, with necessary modifications, and  are deemed to be standards for the purposes of this section, until the  date established by the Minister under subsection (10).  2011, c. 11,  s. 8 (2).

Section Amendments with date in force (d/m/y)
Effect of designation

Directions

 [22.6 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p6s1) The Minister may direct a designated entity to take such actions as the Minister considers appropriate.  2011, c. 11, s. 8 (2).

Government directives

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p6s2)  In addition to the directions the Minister may issue under subsection  (1), the Minister may direct an entity to comply with such government  directives as the Minister specifies.  2011, c. 11, s. 8 (2).

Failure to comply

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s22p6s3) If an entity has committed any failure described in paragraphs 1 to 3 of subsection 22.7 (3), the Minister may,
 (a) reduce or suspend grants to the entity while the non-compliance continues;
 (b) assume control of the entity and responsibility for its affairs and operations;
 (c) revoke the designation and cease to provide grants to the entity; or
 (d) take such other steps as he or she considers appropriate.  2011, c. 11, s. 8 (2).

Section Amendments with date in force (d/m/y)
Compliance and monitoring of designated entities

 [22.7 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p7s1) The Chief Prevention Officer shall monitor the operation of designated entities and,
 (a) may require a designated entity to provide  such information, records or accounts as the Chief Prevention Officer  specifies; and
 (b) may make such inquiries and examinations as he or she considers necessary.  2011, c. 11, s. 8 (2).

Report to Minister

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p7s2)  The Chief Prevention Officer shall report to the Minister on the  compliance of designated entities with the standards established under  section 22.5 and with any directions given by the Minister under section  22.6.  2011, c. 11, s. 8 (2).

Advice to Minister

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s22p7s3)  Where the Chief Prevention Officer determines that any of the following  have occurred, the Chief Prevention Officer shall report that  determination to the Minister and may advise the Minister with respect  to any action the Minister may decide to take under section 22.6:
 1. A designated entity has failed to operate in accordance with a standard established under section 22.5 that applies to it.
 2. A designated entity has failed to comply  with a direction given by the Minister under section 22.6 or a  requirement of the Chief Prevention Officer under clause (1) (a).
 3. A designated entity has failed to co-operate  in an inquiry or examination conducted by the Chief Prevention Officer  under clause (1) (b).  2011, c. 11, s. 8 (2).

Section Amendments with date in force (d/m/y)
Appointment of administrator

 [22.8 (1)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s1)  For the purposes of assuming control of an entity and responsibility  for its affairs and operations under clause 22.6 (3) (b), the Minister  may appoint an administrator.  2011, c. 11, s. 8 (2).

Term of appointment

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s2) The appointment of the administrator remains valid until it is terminated by the Minister.  2011, c. 11, s. 8 (2).

Powers and duties of administrator

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s3)  The administrator has the exclusive right to exercise the powers and  perform the duties of the board of directors and its officers and  exercise the powers of its members.  2011, c. 11, s. 8 (2).

Same

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s4)  In the appointment, the Minister may specify the powers and duties of  the administrator and the terms and conditions governing those powers  and duties.  2011, c. 11, s. 8 (2).

Additional power of administrator

 (5)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s5)  The board of directors and officers may continue to act to the extent  authorized by the Minister, but any such act is valid only if approved,  in writing, by the administrator.  2011, c. 11, s. 8 (2).

Report, directions

 (6)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s6)  The administrator shall report to the Minister as required by him or  her and shall carry out his or her directions.  2011, c. 11, s. 8 (2).

Meeting of members

 (7)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s7)  Before the termination of an administrator’s appointment, the  administrator may call a meeting of the members to elect a board of  directors in accordance with the *Corporations Act*.  2011, c. 11, s. 8 (2).

Note: On the later of (a) the earlier of April 1, 2012 and a day to be named by proclamation of the Lieutenant Governor and (b) the day section 24 of the Not-For-Profit Corporations Act, 2010 comes into force, subsection (7) is amended by striking out “Corporations Act” and substituting “Not-For-Profit Corporations Act, 2010”. See: 2011, c. 11, ss. 8 (3), 29 (4).
Unincorporated entity

 (8)](http://www.ontario.ca/fr/lois/loi/90o01#s22p8s8) This section applies, with necessary modifications, to an entity that is not incorporated.  2011, c. 11, s. 8 (2).

Section Amendments with date in force (d/m/y)
Delegation of powers and duties

 [22.9](http://www.ontario.ca/fr/lois/loi/90o01#s22p9)  Despite section 5, the Minister may delegate his or her powers or  duties under sections 22.5, 22.6 and 22.8 only to the Chief Prevention  Officer.  2011, c. 11, s. 8 (2).

Section Amendments with date in force (d/m/y)
PART III
DUTIES OF EMPLOYERS AND OTHER PERSONS

Duties of constructor

 [23. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s23s1) A constructor shall ensure, on a project undertaken by the constructor that,
 (a) the measures and procedures prescribed by this Act and the regulations are carried out on the project;
 (b) every employer and every worker performing work on the project complies with this Act and the regulations; and
 (c) the health and safety of workers on the project is protected.

Notice of project

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s23s2)  Where so prescribed, a constructor shall, before commencing any work on  a project, give to a Director notice in writing of the project  containing such information as may be prescribed.  R.S.O. 1990, c. O.1,  s. 23.

Duties of licensees

 [24. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s24s1)A licensee shall ensure that,
 (a) the measures and procedures prescribed by this  Act and the regulations are carried out with respect to logging in the  licensed area;
 (b) every employer performing logging in the licensed area for the licensee complies with this Act and the regulations; and
 (c) the health and safety of workers employed by  employers referred to in clause (b) is protected.  R.S.O. 1990, c. O.1,  s. 24 (1).

Definition

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s24s2) In this section,

“licensed area” means the lands on which the licensee is authorized to harvest or use forest resources. R.S.O. 1990, c. O.1, s. 24 (2); 1994, c. 25, s. 83 (2).
Section Amendments with date in force (d/m/y)
Duties of employers

 [25. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s25s1)An employer shall ensure that,
 (a) the equipment, materials and protective devices as prescribed are provided;
 (b) the equipment, materials and protective devices provided by the employer are maintained in good condition;
 (c) the measures and procedures prescribed are carried out in the workplace;
 (d) the equipment, materials and protective devices provided by the employer are used as prescribed; and
 (e) a building, structure, or any part thereof, or any other part of a  workplace, whether temporary or permanent, is capable of supporting any  loads that may be applied to it,
 (i) as determined by the applicable design  requirements established under the version of the Building Code that was  in force at the time of its construction,
 (ii) in accordance with such other requirements as may be prescribed, or
 (iii) in accordance with good engineering  practice, if subclauses (i) and (ii) do not apply.  R.S.O. 1990, c. O.1,  s. 25 (1); 2011, c. 11, s. 9.

Idem

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s25s2) Without limiting the strict duty imposed by subsection (1), an employer shall,
 (a) provide information, instruction and supervision to a worker to protect the health or safety of the worker;
 (b) in a medical emergency for the purpose of  diagnosis or treatment, provide, upon request, information in the  possession of the employer, including confidential business information,  to a legally qualified medical practitioner and to such other persons  as may be prescribed;
 (c) when appointing a supervisor, appoint a competent person;
 (d) acquaint a worker or a person in authority  over a worker with any hazard in the work and in the handling, storage,  use, disposal and transport of any article, device, equipment or a  biological, chemical or physical agent;
 (e) afford assistance and co-operation to a  committee and a health and safety representative in the carrying out by  the committee and the health and safety representative of any of their  functions;
 (f) only employ in or about a workplace a person over such age as may be prescribed;
 (g) not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace;
 (h) take every precaution reasonable in the circumstances for the protection of a worker;
 (i) post, in the workplace, a copy of this Act and  any explanatory material prepared by the Ministry, both in English and  the majority language of the workplace, outlining the rights,  responsibilities and duties of workers;
 (j) prepare and review at least annually a written  occupational health and safety policy and develop and maintain a  program to implement that policy;
 (k) post at a conspicuous location in the workplace a copy of the occupational health and safety policy;
 (l) provide to the committee or to a health and  safety representative the results of a report respecting occupational  health and safety that is in the employer’s possession and, if that  report is in writing, a copy of the portions of the report that concern  occupational health and safety; and
 (m) advise workers of the results of a report  referred to in clause (l) and, if the report is in writing, make  available to them on request copies of the portions of the report that  concern occupational health and safety.  R.S.O. 1990, c. O.1, s. 25 (2).

Idem

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s25s3)  For the purposes of clause (2) (c), an employer may appoint himself or  herself as a supervisor where the employer is a competent person.   R.S.O. 1990, c. O.1, s. 25 (3).

Same

 (3.1)](http://www.ontario.ca/fr/lois/loi/90o01#s25s3p1)  Any explanatory material referred to under clause (2) (i) may be  published as part of the poster required under section 2 of the *Employment Standards Act, 2000*.  2009, c. 23, s. 2.

Idem

 (4)](http://www.ontario.ca/fr/lois/loi/90o01#s25s4)  Clause (2) (j) does not apply with respect to a workplace at which five  or fewer workers are regularly employed.  R.S.O. 1990, c. O.1, s. 25  (4); 2011, c. 1, Sched. 7, s. 2 (2).

Section Amendments with date in force (d/m/y)
Additional duties of employers

 [26. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s26s1)In addition to the duties imposed by section 25, an employer shall,
 (a) establish an occupational health service for workers as prescribed;
 (b) where an occupational health service is  established as prescribed, maintain the same according to the standards  prescribed;
 (c) keep and maintain accurate records of the  handling, storage, use and disposal of biological, chemical or physical  agents as prescribed;
 (d) accurately keep and maintain and make  available to the worker affected such records of the exposure of a  worker to biological, chemical or physical agents as may be prescribed;
 (e) notify a Director of the use or introduction  into a workplace of such biological, chemical or physical agents as may  be prescribed;
 (f) monitor at such time or times or at such  interval or intervals the levels of biological, chemical or physical  agents in a workplace and keep and post accurate records thereof as  prescribed;
 (g) comply with a standard limiting the exposure of a worker to biological, chemical or physical agents as prescribed;
 (h) establish a medical surveillance program for the benefit of workers as prescribed;
 (i) provide for safety-related medical examinations and tests for workers as prescribed;
 (j) where so prescribed, only permit a worker to  work or be in a workplace who has undergone such medical examinations,  tests or x-rays as prescribed and who is found to be physically fit to  do the work in the workplace;
 (k) where so prescribed, provide a worker with  written instructions as to the measures and procedures to be taken for  the protection of a worker; and
 (l) carry out such training programs for workers, supervisors and committee members as may be prescribed.

Idem

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s26s2)  For the purposes of clause (1) (a), a group of employers, with the  approval of a Director, may act as an employer.  R.S.O. 1990, c. O.1,  s. 26 (1, 2).

Idem

 (3)](http://www.ontario.ca/fr/lois/loi/90o01#s26s3)  If a worker participates in a prescribed medical surveillance program  or undergoes prescribed medical examinations or tests, his or her  employer shall pay,
 (a) the worker’s costs for medical examinations or  tests required by the medical surveillance program or required by  regulation;
 (b) the worker’s reasonable travel costs respecting the examinations or tests; and
 (c) the time the worker spends to undergo the  examinations or tests, including travel time, which shall be deemed to  be work time for which the worker shall be paid at his or her regular or  premium rate as may be proper.  R.S.O. 1990, c. O.1, s. 26 (3); 1994,  c. 27, s. 120 (3).

Section Amendments with date in force (d/m/y)
Duties of supervisor

 [27. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s27s1) A supervisor shall ensure that a worker,
 (a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and
 (b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn.

Additional duties of supervisor

 (2)](http://www.ontario.ca/fr/lois/loi/90o01#s27s2) Without limiting the duty imposed by subsection (1), a supervisor shall,
 (a) advise a worker of the existence of any  potential or actual danger to the health or safety of the worker of  which the supervisor is aware;
 (b) where so prescribed, provide a worker with  written instructions as to the measures and procedures to be taken for  protection of the worker; and
 (c) take every precaution reasonable in the circumstances for the protection of a worker.  R.S.O. 1990, c. O.1, s. 27.

Duties of workers

 [28. (1)](http://www.ontario.ca/fr/lois/loi/90o01#s28s1)A worker shall,
 (a) work in compliance with the provisions of this Act and the regulations;
 (b) use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn;
 (c) report to his or her employer or supervisor  the absence of or defect in any equipment or protective device of which  the worker is aware and which may endanger himself, herself or another  worker; and
 (d) report to his or her employer or supervisor  any contravention of this Act or the regulations or the existence of any  hazard of which he or she knows.

It goes on to say in section 28 (2)

(2)](http://www.ontario.ca/fr/lois/loi/90o01#s28s2) No worker shall,
(a) remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately;
(b) use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or
© engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.

It is clear that both OSHA and the regulations require “the owner of the workplace” and “the employer” to take responsibility for the safety of the workers. Therefore not taking the proper precautions could land not you as the Sole-proprietor, health-and safety representative and worker of your business in trouble, but that of the “home owner” and of your paying client.

As ALL businesses are supposed to have a copy of the OSHA available for view by ALL workers (including sole-proprietors), there is no excuse for a sole-proprietor, as employer, worker and safety-rep, to not know what the safety requirements of them are.

We can argue the toss on this one forever, but as I’ve already said, If you think being a sole proprietor will save you, think again.

If you want, (and I’m not recommending it) climb on a roof all you like. Take a “Roofy” and post it on Facebook. but if you get seen by an MoL Inspector, don’t be surprised if you are on the wrong end of a fine under the Provincial Offences Act.

A Home Inspector CANNOT comply with the requirements of the Working at Heights regulations unless you get a waiver for damaging the property from the home owner.

We cannot provide a tie-off for fall arrest gear (non-invasive inspection, mustn’t damage the property in any way)

There are other, safer ways to inspect a roof. If you choose to use a drone, then other regs. come into play, which brings us back nicely to the topic of this thread.

*Remember: **Your **safety is **Your *responsibility. If death isn’t the penalty for failure to protect yourself, injury and the Provincial Offences Act will be.

](“https://www.ontario.ca/laws/regulation/910213#BK3”)

I have not heard of any Ontario Home Inspector or any electrician being found guilty .

I expect if this happens that information will be posted on the net .

I heard Roofers many years ago got a warning ,but I see lots of roofers still not using safety equipment.

Doesn’t mean it won’t happen

http://www.ibew353.org/health/MOLFinesTicketing2010.pdf

https://www.labour.gov.on.ca/english/hs/pubs/ohsa/ohsag_part3.php

The law is the law. The fact that no-one has been found “Guilty” of breaking it YET doesn’t mean it’s not an offence.

More importantly, if it’s stupid and dangerous, and there’s another way to practice, why do it?

Back to the UAV thread.

I like many others drive above the speed limit and break the laws .
I expect Len you too do break the law . It too is stupid and dangerous .

Does that give us the right to condone breaking other laws?

Alberta WHS regulations recognize that there are situations where it is not practical to use mandated fall protection equipment (harnesses, shock cords and anchors), such as the ‘first guy’ the one who is going to install the anchors the rest will use, and roof inspectors. Criteria are the duration is short, and the work being done is light. Regulation allow for ‘administrative procedures’ ie a plan that is written and followed. See section 159 https://work.alberta.ca/documents/WHS-LEG_ohsc_p09.pdf

I would be surprised if ON legislation did not have a similar provision somewhere. If you can’t find it, someone representing ON HI’s should write or phone a fairly high ranking WCB officer (director level) and ask him or her how it is possible to tie off the top of a ladder without first climbing the ladder, how to be anchored to an approved anchor that has not been installed yet, and whether roof inspectors need fall protection when they are doing an inspection.

Government bureaucrats in Ontario would not think of that part!

They did, and their suggestion was for long ladders you need two people. Like, yeah, I can see my insurance covering a Realtor or client to help me stabilise a ladder while I tie it off.

Back to the UAV thread. :smiley: