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 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:
The amendments will streamline and modernize the occupational health regulatory scheme under the Occupational Health and Safety Act. This includes Regulation 833 – Control of Exposure to Biological or Chemical Agents and O. Reg. 490/09 – Designated Substances.

  • Replace the 9 separate Medical Surveillance Codes with one single consolidated and updated Medical Surveillance Code
  • Replace the 16 separate Codes for Respiratory Equipment and Measuring Airborne Substances with new, updated, and consolidated respiratory protection and measuring provisions
  • Permit businesses to use the “Quebec model” for calculating exposures to hazardous substances for irregular work shifts
  • Add “substitution,” or substituting hazardous substances with those that are less hazardous, to the hierarchy of controls


For more information, read the amending regulations:
O. Reg. 189/19, which amends O. Reg. 490/09 – Designated Substances
O. Reg. 185/19, which amends Regulation 833 – Control of Exposure to Biological or Chemical Agent

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 Consultation Period Closed
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
Legislation Briefing
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 In Force
Description

Objective:
Amendments to various provisions of Regulation 851 have been approved that will help modernize workplace health and safety requirements. The amendments come into effect on July 1, 2019.

Key Changes:

Amendments to various provisions of Regulation 851 (Industrial Establishments) have been approved that will help modernize workplace health and safety requirements. They will increase flexibility by:
  • Allowing the use of alternative procedures if worker health and safety is at least as well protected
  • Allowing workers to wear personal flotation devices instead of lifejackets when appropriate
  • Allowing the use of antidotes, flushing fluids or washes instead of eyewash fountains or emergency showers, where appropriate, to prevent permanent injury to the eyes or skin
Year Regulation Jurisdiction Status
2019 Canada Labour Code Federal Consultation Period Closed
Description
The proposed Regulations would designate violations under Part II and Part III of the Code and regulations made under each of these Parts. Only designated violations can be subject to an Administrative Monetary Penalty.  A new classification system for violations is added to the amendments.

Key Changes:
  • The baseline penalty amount applicable to a violation varies depending on the type of violation and the category of the violator
  • The new paragraph 270(1)(d) of the Code will allow for the determination of a lesser amount than the penalty imposed, as prescribed in regulations. The proposed Regulations would provide for a reduction of the penalty amount by half if the penalty is paid within 15 business days after the AMP was served based on the classification type.
  • The proposed Regulations would indicate the method by which a NoV will be served (in person, or through registered mail, courier, fax or other electronic means)
  • Publishing the names and information of employers who have received an AMP aims to deter non-compliance and create an additional incentive to comply with Part II and Part III of the Code and its related regulations.
  • Under the new section 288 of the Code, employees summoned to appear at an appeal proceeding at the Canada Industrial Relations Board will be entitled to be paid by their employer at the employee’s regular rate of wages for the time spent at the appeal proceeding that would otherwise have been time spent at work.
If this regulatory amendment is approved by the Governor in Council, the coming-into-force date would be in 2020.
Year Regulation Jurisdiction Status
2019 O. Reg. 213/91 Provincial In Force
Description

Clause 6(1)(a) of Construction Projects regulation (O. Reg. 213/91) requires constructors to provide a notice of project (NOP) to the ministry where the total cost of labour and materials of a project is expected to exceed $50,000. Subsection 6(1) also articulates other conditions under which a constructor must notify the ministry of a construction project. An NOP is meant to notify the ministry of high risk activities, so that proactive enforcement activities may be informed by this content.

The auto manufacturing industry has indicated that the $50,000 threshold for Notice of Projects, which was set in 1991, is too low and no longer reflective of the increased cost of construction. The auto sector has identified the $50,000 threshold for NOPs as a source of regulatory burden.

Key Changes:

To modernize the NOP threshold provisions and to address the regulatory burden on the auto manufacturing sector this proposal recommends the increase of the NOP threshold to $250,000 for construction projects taking place at automobile manufacturing plants

The industry has indicated that this amendment would help to significantly reduce regulatory burden on the automotive sector. This amendment would not affect other employer notification requirements, including the need to notify the ministry of construction projects involving high risk activities as identified under the Construction Projects regulation (O. Reg. 213/91, ss. 6(1)(b-h)

 

 

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.
Year Regulation Jurisdiction Status
2019 O. Reg. 297/13 Provincial In Force
Description
This amendment to O. Reg. 297/13 – Occupational Health and Safety Awareness and Training reduces the regulatory burden on the automotive sector by creating a targeted exemption for workers employed directly by automobile manufacturing plant employers from Chief Prevention Office approved working at heights training.

Key Changes:
This proposal would reduce the regulatory burden associated with implementing the WAH training requirements for the impacted industry stakeholders (automobile manufactures).
  • For those automobile manufacturers who administered the training for their workers it would reduce costs associated with providing the initial and refersher training to new workers.
  • The remaining automobile manufacturing employers who did not provide the training to workers who work on construction projects, would be saved the administrative burden of ensuring that a worker has valid WAH training certification.
Year Regulation Jurisdiction Status
2019 O. Reg. 87/19 Provincial In Force
Description
O. Reg. 87/19 under the Building Code Act, stipulates design and construction rules for where a floor area or portion of a floor area within a farm building is intended to contain a hazardous extraction operation involving cannabis.

“Hazardous extraction” means a process to remove or separate a substance from a solution or mixture that involves the use of flammable liquids, combustible liquids or flammable gases as solvents in the process.

Key Changes:

The floor area or portion of the floor area shall be designed and constructed to comply with:
  • The requirements for locking, latching and other fastening devices for doors set out in Article 2.7.2.2. of Division B of the Fire Code made under the Fire Protection and Prevention Act, 1997,
  • The ventilation requirements set out in Articles 4.1.7.2. to 4.1.7.6. of Division B of the Fire Code, where the hazardous extraction operation is intended to involve the use of flammable liquids or combustible liquids, and
  • The ventilation requirements set out in Clauses 5.1.4.2.(1)(a) to (d) and (g) of Division B of the Fire Code, where the hazardous extraction operation is intended to involve the use of flammable gases.
Year Regulation Jurisdiction Status
2019 O.Reg. 291/01 under the ESA Provincial Proposed (In Consultation)
Description
Change being considered:
  • The government is considering eliminating (revoking) Regulation 291/01.
  • If this change were made, it would mean that employers and employees in the two defined industries would be covered by the general ESA rules in respect of those standards currently governed by the Regulation.
    • As an example, employers and employees would be covered by the ESA's general rules on vacation time and pay, instead of the special rules in this area that are in the Regulation.
This approach would treat the two defined industries the same as the rest of the garment industry and most other Ontario workplaces for the purposes of the ESA.
Year Regulation Jurisdiction Status
2019 Part XII Federal In Force
Description
The Regulations Amending the Canada Occupational Health and Safety Regulations (the amendments), which amend Part XII of the COHSR, apply to all federally regulated employers and employees in federally regulated industries, except employees on board ships, aircraft or trains, and employees in the oil and gas sector under federal jurisdiction.

Key Changes:
Among other changes, the amendments
  • Update the references for all standards that are incorporated by reference;
  • Modernize the section on fall-protection systems in order to properly reflect industry standards and practices and to reference newly developed standards;
  • Revise the requirements for the selection, fit, care of, use and maintenance of respiratory protection equipment;
  • Revise the section on protection against moving vehicles to better protect employees; and
  • Align federal requirements under Part XII with those under other parts of the COHSR, the Code and provincial laws, and clarify the regulatory text.
Year Regulation Jurisdiction Status
2019 SOR/2019-206 Provincial In Force
Description
Amended to establish rules for the legal production and sale of edible cannabis, cannabis extracts and cannabis topicals. Certain new requirements will take effect immediately and other requirements will take effect 12 months later (on October 17, 2020).The amended regulations seek to reduce the health risks of these cannabis products. At the same time, the amendments provide for a broad diversity of cannabis products, which will help displace the illegal market.
 
Key Changes:
It is expected that a limited selection of products will appear gradually in physical or online stores, and no earlier than mid-December 2019. Federal licence holders will need to provide 60-days notice to Health Canada of their intent to sell new products, as they are currently required to do. Additionally, as with any new regulatory framework, federally licensed processors will need time to become familiar with and prepare to comply with the new rules and to produce new products. Provincially or territorially authorized distributors and retailers will also need time to purchase and obtain the new products and make them available for sale.
 

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