Consultations

In this section you will find regulations that are currently in consultation, or have passed upon the conclusion of a consultation. Consultations are a regulatory process by which the public's input on matters affecting them is sought by the government. Its main goals are in improving the efficiency, transparency and public involvement in laws and policies. 

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Year Regulation Jurisdiction Status
2017 O. Reg. 471/16 Provincial Consultation Period Closed
Description
Objective:
The working at heights training requirements apply to the employers of workers on construction projects who are required by O. Reg. 213/91 (Construction Projects Regulation).  O. Reg. 471/16 amends the Construction Projects Regulation to ensure that workers on construction projects successfully complete a working at heights training program if they may use specified methods of fall protection.

Key Changes:
The working at heights training requirements apply to workers who are required under O. Reg. 213/91 (Construction Projects) to use any of the following methods of fall protection:
  • A travel restraint system;
  • A fall restricting system;
  • A fall arrest system;
  • A safety net;
  • A work belt;
  • A safety belt.
Employers with workers who are required by O. Reg. 213/91 (Construction Projects) to use any of the fall protection methods listed above must do the following:
  • Ensure the worker completes a working at heights training program that has been approved by the CPO as having met the Working at Heights Training Program Standard applicable at the time of the training;
  • Ensure the training provider delivering the training program was approved by the CPO as having met the Working at Heights Training Provider Standard applicable at the time of training;
  • Ensure the worker’s training is valid and has not expired;
  • Maintain a training record for the worker that includes the worker’s name, the approved training provider’s name, the date the training was completed and the name of the approved training program; and
  • Make the training record available to a Ministry of Labour inspector on request.
Year Regulation Jurisdiction Status
2017 Employment Standards Act Provincial Consultation Period Closed
Description
Objective:
The Government of Ontario announced it was seeking public input to help make workplaces fairer for workers in industries that currently have exemptions, special rules or exclusions. This public consultation forms part of the Ministry of Labour's broader review of Employment Standards Act (ESA) special rules and exemptions, as well as Labour Relations Act (LRA) exclusions.

Key Changes:
The first phase of consultations focuses on eight occupations currently exempt from minimum employment standards:
  • Architects
  • Domestic Workers
  • Homemakers
  • IT Professionals
  • Managerial and Supervisory Employees
  • Pharmacists
  • Residential Building Superintendents, Janitors and Caretakers
  • Residential Care Workers
Year Regulation Jurisdiction Status
2017 Labour Relations Act Provincial Consultation Period Closed
Description

Objective:
The MOL was seeking input on the current exclusion that applies to domestic workers employed in a private home.

Key Changes:

  • The exclusion is applicable to domestic workers employed in a private home found under section 3(a) of the Labour Relations Act (LRA).
  • Domestic workers have been excluded from coverage under the LRA since the 1940s, with the exception of a period 1993 to 1995.
  • The historic rationale for the exclusion of domestic workers was based on the belief that these workers formed intimate social bonds with the private households they worked for and that the possibility of unionization would be an in appropriate barrier to this bond.
Year Regulation Jurisdiction Status
2017 O. Reg. 287/17 Provincial In Force
Description

Objective:
Regulation 833 is amended by O. Reg. 287/17 to reflect the adoption of new or revised occupational exposure limits (OELs) or listings for chemical substances based on recommendations by the American Conference of Governmental Industrial Hygienists (ACGIH).

Key Changes:

  • Addition of OELs for 4 substances - Cyanogen bromide, Ethyl isocyanate, Peracetic acid and Pheny isocyanate.
  • Revised OELs for Acetone, Atrazine, Barium sulfate, Beryllium, 1-Bromopropane, Ethylidene norbornene, Lithium hydride, Methomyl, Methyl formate, Methyl isocyanate, Naphthalene, Nickel carbonyl, Oxalic Acid, Pentachlorophenol, Pentane, and Trichloroacetic acid, 1,2,3 - Trichloropropane and Triethylamine.
  • Increase minimum oxygen content in formula for determining need for ventilation based on atmospheric pressure from 18% to 19.5% as set out in (O. Reg. 289/17).
Year Regulation Jurisdiction Status
2017 O. Reg. 288/17 Provincial In Force
Description

Objective:
Regulation 490/09 is amended by O. Reg. 288/17 to reflect the adoption of new or revised occupational exposure limits (OELs) for Isocyanates, organic compounds. Amends Table 1 of Ontario Regulation 490/09.

Key Changes:
Table 1 of Ontario Regulation 490/09 amends Isocyanates (organic compounds), Toluene diisocyanate (TDI), Methylene bisphenyl isocyanate (MDI), Hexamethylene diisocyanate (HDI), Isophorone diisocyanate (IPDI), Methylene bis, Methyl isocyanate. It also adds two substances, Ethyl isocyanate and Phenyl isocyanate.

Year Regulation Jurisdiction Status
2017 R.R.O. 1990, Reg. 856 Provincial In Force
Description

Objective:
This regulation establishes requirements for rollover protective structures and when they must be attached to machines to protect the health and safety of workers.

Key Changes:
The changes listed below came into force for tractors sold after July 1, 2017 and, with the exception of instructional seats, tractors manufactured prior to this date would not be required to make these changes.

  • Specifically new components to the rollover protection structure (ROPS) standard impacting seat and seat belt requirements on new tractors
  • The harmonization of ROPS standards to various ISO standards.
  • Changes to the dynamic and static testing requirements for newly manufactures ROPs on tractors and an harmonization to ISO standards
Year Regulation Jurisdiction Status
2018 Bill 203 Provincial Proposed (In Consultation)
Description
Objective:
The Pay Transparency Act, 2018 received Royal Assent in 2018. The purpose of the Act includes supporting the elimination of gender and other biases in hiring, promotion, employment status and pay practices. It is also meant to promote gender equality and equal opportunity in employment and in the workplace, including equality of compensation between women and men, through increased transparency of pay and workforce composition.

The purpose of the consultation is to seek feedback on the proposed pay transparency reporting requirements. The regulation would set out the requirements for employers with 100 or more employees to annually calculate, and make available, information about organizational wage gaps and workforce composition with respect to gender.

The Act will not come into force until it is proclaimed.
 
Year Regulation Jurisdiction Status
2018 Bill C-65, An Act to amend the Canada Labour Code Federal Proposed (In Consultation)
Description
The proposed regulations will enhance protections for employees by outlining elements to prevent incidents, to respond adequately when they do occur, and to support those who have been affected by an incident, based on the following principles:
  • Change the workplace culture to one where harassment and violence is not tolerated;
  • Emphasize the importance of prevention;
  • Develop an employee-driven resolution process;
  • Acknowledge the continuum of behaviours that qualify as harassment and violence;
  • Prioritize privacy and confidentiality; and
  • Create predictable timeframes for resolution
Year Regulation Jurisdiction Status
2018 Canada Labour Code Federal Consultation Period Closed
Description

​The Government of Canada has already taken steps to modernize the Canada Labour Code, such as:

  • Introducing stronger compliance
  • Enforcement provisions
  • A right to request flexible work arrangements
  • New unpaid leaves for family responsibilities
  • Participate in traditional Indigenous practices
  • Limits on unpaid internships.

From May 2017 to March 2018, the consultations heard from employers and employer organizations, unions and labour organizations, experts and individual Canadians about their perspectives on what a robust and modern set of federal labour standards should look like. These amendments to the Code received Royal Assent in December 2017 and will come into force as soon as the necessary regulations are in place.

Year Regulation Jurisdiction Status
2018 Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017, Schedule 4, Amendments Provincial Proposed (In Consultation)
Description
The Ministry of Transportation will be modifying the below listed regulations:
  • O.Reg 251/02 - Ignition Interlock Devices
  • O.Reg 273/07 - Administrative Penalties
  • O.Reg 287/08 - Conduct Review Programs
  • O.Reg 339/04 - Demerit Point System
  • O.Reg 340/94 - Driver's Licences
  • O.Reg 419/15 - Definition of a Commercial Motor Vehicle and Tow Truck
  • O.Reg 484/07 - Lamps - Use of Flashing Red or Green Lights-
  • O.Reg 631/98 - Long-Term Vehicle Impoundment under Section 55.1 Of The Act
  • O.Reg 950 - Proceedings Commenced by Certificate of Offence
  • New Reg - Definition of Approved Drug Screening Equipment
  • These regulations are being enhanced to improve road safety by:
  • Preventing the upward trend of collisions contributing to fatalities and major injuries related to pedestrians, cyclists, impaired and distracted drivers;
  • Effecting a change in road user attitudes and behaviour; and
  • Reducing the social costs associated with these types of collisions.
Year Regulation Jurisdiction Status
2018 O.Reg. 833, 490/09, 854 Provincial Consultation Period Closed
Description
Objective:
The MOL is consulting on a number of proposals affecting the protection of workers from exposures to hazardous substances. The proposed changes to the occupational exposure limits (OELs) or listings for 38 substances based on the changes recommended by the American Conference of Governmental Industrial Hygienists for the years 2016 and 2017.

Key Changes:
Proposed changes based on the 2016 ACGIH recommendations include the following:
  • Addition of listings for 4 substances in regulation: Boron trichloride, Calcium silicate, naturally occurring as Wollastonite, Hard metals, containing Cobalt and Tungsten carbide, and Simazine.
  • Revisions to exposure limits or listings for 11 substances currently regulated: Boron tribromide, Boron trifluoride, Butyl acetates (all isomers) (Note: Separate listings for three isomers combined into single listing), Cyanogen, Propoxur, Toluene diisocyanate, Triorthocresyl phosphate, and Warfarin.
  • Removal of listing and OELs for one substance: Calcium silicate (synthetic nonfibrous).
Proposed changes based on the 2017 ACGIH recommendations include the following:
  • Addition of listings for 3 substances to regulation: Acetamide, Cadusafos, and Folpet,
  • Revisions to exposure limits and/or listings for 10 substances currently regulated: Captafol, β-Chloroprene, Ethylene glycol, Formaldehyde, Furfural, Furfuryl alcohol, Hexylene glycol, Phthalic anhydride, Stearates and Tungsten.
  • Addition/removal of notations for 9 substances: Acetylene, Butane (all isomers), 2,4-D, Ethane, Hydrogen, L.P.G. (Liquefied petroleum gas), Methyl acetylene, Methyl acetylene-propadiene mixture, and Propane.
  • Providing for the use of Quebec's Institut de recherche Robert Sauvé en santé et en sécurité du travail (IRSST) model for calculating exposures to hazardous biological or chemical agents for irregular work shifts.
  • The addition of a new listing and OEL for diesel particulate matter in the Ontario Table (Table 1) in Regulation 833.
  • Including a reference to "substitution" in the hierarchy of controls in Regulation 833.
Year Regulation Jurisdiction Status
2018 Reg. 851 Provincial Consultation Period Closed
Description

Objective:
The MOL is proposing various amendments to Regulation 851 (Industrial Establishments) under the Occupational Health and Safety Act. Regulation 851 applies to a variety of different workplaces in Ontario, including offices and office buildings, factories, arenas, shops, restaurants and logging operations.

Key Changes:
The proposed amendments to Regulation 851 are intended to:

Update existing requirements regarding guardrails, fall protection, protection against drowning, signallers, eyewash fountains and deluge showers to reflect current workplace practices, processes and technologies:

  • Add new requirements for risk assessments and traffic management programs that are similar to recent amendments to Regulation 854 (Mines and Mining Plants);
  • Add new requirements for scaffolds and suspended access equipment, similar to existing requirements currently set out in O. Reg. 213/91 (Construction Projects);
  • Add new, specific requirements for storage racks and for high visibility safety apparel for signallers to improve worker health and safety and to improve clarity and transparency regarding compliance expectations; and
  • Make additional amendments for clarification and to increase alignment between OHSA regulations.
On October 26th, 2018 the amendments made to the Industrial Establishments Regulation O.Reg. 456/18 was passed.
  • Section 13 of Reg. 851 was amended to add a new exemption for a conveyor or similar system that transports a vehicle or vehicle part and any raised platform used with the conveyor or similar system.
  • In situations where any of the exemptions to the guardrail requirements apply and there is no guardrail, an additional amendment now requires employers to develop and implement other measures and procedures to protect workers from the hazard of falling.
Year Regulation Jurisdiction Status
2019 O. Reg. 213/91 Provincial Proposed (In Consultation)
Description
The Ministry of Labour is proposing to clarify existing requirements for temporary stairs (s. 75-77) as set out in the Construction Projects regulation (O. Reg. 213/91) under the Occupational Health and Safety Act O. Reg. 213/91 sets out requirements that protect the health and safety of Ontarians who work in the construction sector. Temporary stairs are often put in place to facilitate access and egress to parts of a construction project before permanent stairs can be built. When these stairs are not installed, improperly installed or poorly designed, it can be hazardous for workers, inspectors, and other authorized visitors to the site.
This proposal would amend current temporary stairs provisions by:
  • Clarifying where temporary stairs should start and end (i.e. requiring temporary stairs in underground levels).
  • Identifying specific situations where the installation of temporary stairs may not be possible.
  • Revising width dimensions to accommodate for movement of large equipment.

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