Asbestos Use Prohibition Act, 2018 Bailey, Robert — Bill 66 (41st Parliament, 3rd Session)

Bill 66, 41-3

Ontario — Bills

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Bill 66, Asbestos Use Prohibition Act, 2018

Bailey, Robert

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Status

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Original

[41] Bill 66 Original (PDF)

EXPLANATORY

NOTE

The

Bill bans the use, reuse, import, transport or sale of asbestos in Ontario. It

also requires the Ministry of Labour to create a Register of all provincially

owned or leased buildings containing asbestos, and for that Register to be

updated from time to time as work to remove asbestos from buildings listed on

the Register is completed.

Bill 66 2018

Act prohibiting the use of asbestos

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

this Act,

"asbestos"

means any of the following fibrous silicates:

1. Actinolite.

2. Amosite.

3. Anthophyllite.

4. Chrysotile.

5. Crocidolite.

6. Tremolite;

("amiante")

"Minister"

means the Minister of Labour or such other member of the Executive Council as

may be assigned the administration of this Act under the Executive

Council Act ; ("ministre")

"Ministry"

means the ministry of the Minister; ("ministère")

"provincially

owned or leased building" means,

(

a) a

building owned or leased by the Crown,

(

b) a

building owned or leased by a Crown agent or an agency, board or commission of

the Government of Ontario, and

(

c) a

building owned or leased by an entity that forms part of the broader public

sector within the meaning of subsection 1.0.19 (2) of the Financial

Administration Act ; ("bâtiment dont la Province est propriétaire ou

locataire")

"record"

means any collection of information however recorded, whether in printed form,

on film, by electronic means or otherwise, and includes any data that is

recorded or stored on any medium in or by a computer system or similar device

as well as drawings, specifications or floor plans for an enclosed workplace;

("dossier")

"Register"

means the Asbestos Buildings Register described in subsection 3 (1); ("registre")

"regulations"

means the regulations made under this Act. ("règlements")

Prohibitions

(1) No

person shall use, reuse, import, transport or sell asbestos in Ontario.

Same

(2) No

person shall cause or permit the use, reuse, import, transport or sale of

asbestos in Ontario.

Exception

(3) Subsections

(1) and (2) do not apply to existing products containing asbestos if the person

does not know the product contains asbestos.

Offence

(4) A

person who contravenes subsection (1) or (2) is guilty of an offence and on

conviction is liable to a fine in the amount prescribed by the regulations.

Asbestos

Buildings Register

(1) The

Minister shall establish and maintain an Asbestos Buildings Register listing

all provincially owned or leased buildings containing asbestos.

Duty

to provide report

(2) Each

owner or lessee of a provincially owned or leased building shall provide the

Minister with a report within the time period specified by the regulations,

stating whether the building contains asbestos and if so, stating,

(

a) the

name and mailing address of the owner or lessee, respectively;

(

b) the

municipal address of the building, if it has one;

(

c) a

description of the location of the building, if it does not have a municipal

address; and

(

d) details

of where asbestos is contained in the building, if that is the case.

Duty

to report updates

(3) Any

person who does work or plans to do work on a provincially owned or leased

building to reduce asbestos in the building shall notify the owner of the

building, who shall, within the time period specified by the regulations,

provide a report on the work to the Minister that meets the requirements of

subsection (2).

Updating

the Register

(4) On

receiving a report under subsection (2) or (3), the Minister shall update the

Register and publish a copy of the updated Register on a Government of Ontario

website.

Offence

(5) A

person who contravenes subsection (2) or (3) is guilty of an offence and on

conviction is liable to a fine in the amount prescribed by the regulations.

Inspections

(1) The

Minister may appoint inspectors for the purposes of this Act.

Right

of entry

(2) For

the purpose of determining whether this Act is being complied with, an

inspector may, after receiving a complaint made to the Ministry, enter and

inspect a provincially owned or leased building.

use of force

(3) An

inspector is not entitled to use force to enter and inspect a building.

Identification

(4) An

inspector conducting an inspection shall produce, on request, evidence of his

or her appointment.

Powers

(5) An

inspector conducting an inspection may,

(

a) examine

a record or other thing that is relevant to the inspection;

(

b) demand

the production for inspection of a record or other thing that is relevant to

the inspection;

(

c) remove

for review and copying a record or other thing that is relevant to the

inspection;

(

d) in

order to produce a record in readable form, use data storage, information

processing or retrieval devices or systems that are normally used in carrying

on business in the place;

(

e) remove

a sample of a substance or any other thing that is relevant to the inspection

or take a specimen that is relevant to the inspection;

(

f) question

a person on matters relevant to the inspection; and

(

g) if

he or she finds that an employer is not complying with subsection 2 (1) or (2),

direct the employer or a person whom the inspector believes to be in charge to

comply with the provision and require the direction to be carried out forthwith

or within the period of time that the inspector specifies.

Form

of demand

(6) A

demand that a record or other thing be produced for inspection must be in

writing and must include a statement of the nature of the record or thing

required.

Duty

to comply

(7) If

an inspector demands that a record or other thing be produced for inspection,

the person who has custody of the record or thing shall produce it and, in the

case of a record, shall on request provide any assistance that is reasonably

necessary to interpret the record or to produce it in a readable form.

Removal

of records and things

(8) If

an inspector removes a record or other thing for review and copying, the

inspector shall,

(

a) make

it available to the person from whom it was removed, on request and at a time

and place that are convenient for the person and for the inspector; and

(

b) return

it to the person within a reasonable time.

Admissibility

in evidence

(9) A

copy of a record that purports to be certified by an inspector as being a true

copy of the original is admissible in evidence to the same extent as the

original and has the same evidentiary value.

obstruction

(10) No

person shall hinder, obstruct or interfere with an inspector conducting an

inspection, refuse to answer questions on matters relevant to the inspection or

provide the inspector with information, on matters relevant to the inspection,

that the person knows to be false or misleading.

Offence

(11) A

person who contravenes subsection (7) or (10) is guilty of an offence and on

conviction is liable to a fine in the amount prescribed by the regulations.

Regulations

The

Minister may make regulations,

(

a) specifying

a time period for the purposes of subsection 3 (2) or (3);

(

b) exempting

persons or classes of persons from subsection 3 (2) or (3);

(

c) governing

the administration of the Register;

(

d) prescribing

an amount of fine for the purposes of subsection 2 (4), 3 (5) or 4 (11);

(

e) prescribing

forms for the purposes of this Act and providing for their use.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Asbestos Use

Prohibition Act, 2018 .

Date Bill stage Activity Committee

April 30, 2018

First Reading

Carried

Debates and Progress

First Reading

April 30, 2018

Committee

Second Reading

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 66, 41-3
Type	bill
Volume / chapter	p41 s3 bill 66 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	712b7ab95ac19ef7afc76b518009a1427ce05f49

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