David, thanks for the information.
The following is an excerpt from the Alberta Safety Codes ACT and refers to and includes all Alberta Codes and standards. The whole act maybe found at
http://www.qp.alberta.ca/574.cfm?page=S01.cfm&leg_type=Acts&isbncln=9780779723652
Vendors’ duties
9**(1)** A person who is a vendor in the ordinary course of business, other than as an employee or an agent, shall not advertise, display or offer for sale, for lease or for other disposal, or sell, lease or otherwise dispose of, any thing to which this Act applies unless that thing complies with this Act.
(2) A person who sells, leases or otherwise disposes of a thing referred to in subsection (1) shall provide any warnings or instructions required by this Act.
(3) No person shall advertise, display or offer for sale, for lease or for other disposal, or sell, lease or otherwise dispose of, any thing that is prohibited from being sold by the regulations.
1991 cS‑0.5 s9
Use of variances
10**(1)** An owner, vendor, contractor, manufacturer or designer of a thing, or a person who authorizes, undertakes or supervises any process or activity, to which a variance applies shall ensure that the terms and conditions of the variance are complied with.
(2) Compliance with a variance is deemed to be compliance with this Act.
1991 cS‑0.5 s10
Professional services
11 A person permitted to affix stamps or seals pursuant to the Architects Act or the Engineering, Geological and Geophysical Professions Act shall ensure that any professional service the person renders to which this Act applies, including the affixing of stamps and seals, complies with this Act.
1991 cS‑0.5 s11
Liability exemption
12**(1)** No action lies against the Crown, the Council, members of the Council, safety codes officers, accredited municipalities or their employees or officers, accredited regional services commissions or their employees or officers, accredited agencies or their employees or officers or Administrators for anything done or not done by any of them in good faith while exercising their powers and performing their duties under this Act.
(2) The Crown, an accredited municipality, an accredited regional services commission and an accredited agency acting in good faith under this Act are not liable for any damage caused by a decision related to the system of inspections, examinations, evaluations and investigations, including but not limited to a decision relating to their frequency and the manner in which they are carried out.
(3) The Crown and an accredited municipality and an accredited regional services commission that engage the services of an accredited agency are not liable for any negligence or nuisance of the accredited agency that causes an injury, loss or damage to any person or property.
(4) Subject to this section, nothing done pursuant to this Act affects the liability of any person for injury, loss or damage caused by any thing, process or activity to which this Act applies.
In other words you can not sell anything that does not meet the codes.
Variances are OK but what is a variance?
The act says “variance” means a variance issued under this Act;
Also It should be noted that code inspectors or private code inspection companies employed by the government can not be held responsible.
Agents are exempt from any responsibility when selling defective property. The act does not define “agent” but I would assume that agent includes real estate agents.
Who does that leave? The vendor and the home inspector.
The act states that “contractors” must supply and install to comply with the codes.
I would interpret that, If an HI modifies anything then he is responsibility to meet the code.
For instance, if you do something as simple as, adjusting the insulation on an attic hatch after you displaced it when you open it. Are you now going to be held responsible because you repaired it and now it must meet the current code.
As ridiculous as this sounds some people may use it as an excuse to launch a law suit.
Read my previous post. Sellers are held responsible for code violations in Alberta. Is asbestos a code violation? Maybe maybe not. As the HI you are also at risk so I always take the most stringent position. Recommend testing and make sure your client understands that it is his responsibility to get the tests done. What he does with the results is his responsibility and decision.
I believe prolab has an office in Toronto. As well EMSL has recently (according to a phone call I received from them) brought their business to Canada.
As for the vermiculite… did I read someone paid $10k to remove it. I hope you charged them $2k for the inspection. Most applications of vermiculite only have a couple of inches at best. I’d be more concerned about pointing out that vermiculite has only about R2 per inch and as such their insulation is SERIOUSLY in need of an upgrade. I couldn’t ever really advise removing it. How many people are actively using their attics? Of course I would mention it to the customer, but I just wouldn’t set off any alarms while doing it.
How do get any results from a lab that doesn’t answer the phone or an email ?
You are funny, Nick!
The big advantage InterNACHI members have when using PRO-LAB is that if you have an issue, you can email me and I’ll get it resolved in like 10 seconds.
You are very good at taking care of problems with vendors.
Thank you
Pro Lab in Toronto is at 45 Hanlon Rd ,unit 45 Woodbridge,phone # 905-663-7036.
Contact Melissa
HJannsen writes:
Best lab in the world! 
Quote from email from Pro Lab:
“The office in Toronto is basically a warehouse and laboratory. All ordered are placed through our office in Florida. Orders are shipped from the Canada warehouse.”
So, call the Florida number to order supplies. They ship from and you send samples to Toronto.
Hello Forum, I am very new to this community. I hope that my expertise in Analytical Chemistry, Asbestos analysis and other related areas can be used by NACHI members.
If I can comment on the topic: $7 sample might work in USA, but not likely doable in Canada. USA regulation requires detect asbestos down to 1% per sample. In Canada it must be down to 0.5% or less - this is Ontario Ministry of Labour standard. In Manitoba it is down to 0.1%. As a laboratory manager a want to assure you that proper asbestos analysis for Ontario standards takes from 20 minute on a simple sample to 1.5 hour on complicated one. It makes sense that proper test should cost more.
I called the Pro Lab yesterday and they quoted me very reasonably, but significantly more than $7.
I hope to offer my laboratory services at competitive price very soon. Laboratory will be based in London, Ontario.
Meantime, if you are interested, please take a look on short training video that I prepared for my clients: How laboratory tests Vermiculite for asbestos impurities:
http://www.youtube.com/watch?v=Q4QAwAAapZw
Thank you