Radon Awareness and Prevention Act, 2014 Qaadri, Shafiq — Bill 11 (41st Parliament, 1st Session)

Bill 11, 41-1

Ontario — Bills

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Bill 11, Radon Awareness and Prevention Act, 2014

Qaadri, Shafiq

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[41] Bill 11 Original (PDF)

Bill 11 2014

Act to raise awareness about radon, provide for the Ontario Radon Registry and

reduce radon levels in dwellings and workplaces

Her

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

Province of Ontario, enacts as follows:

Definitions

(1) In

this Act,

"Minister"

means the Minister of Municipal Affairs and Housing or any other member of the

Executive Council to whom responsibility for the administration of this Act is

assigned or transferred under the Executive Council Act ;

("ministre")

"normal occupancy area" means any part of a dwelling,

public building or workplace where a person is likely to spend more than four

hours per day; ("aire normalement occupée")

"project" has the same meaning as in the Occupational Health and Safety Act ; ("chantier")

"provincially owned dwelling" means a dwelling that is

owned by the Province of Ontario; ("logement appartenant à la province")

"radon measurement specialist" means a person who measures

radon levels and meets the qualifications set out in the regulations;

("spécialiste de la mesure du radon")

"workplace" has the same meaning as in the Occupational Health and Safety Act . ("lieu de travail")

Application

to the Crown

(2) This Act binds the Crown.

Establishment

of Registry

(1) The

the Ontario Radon Registry and in French as Registre des concentrations de

radon en Ontario.

Contents

of Registry

(2) The Registry shall contain the

information provided to it under

section 3.

Radon

map

(3) The operator of the Registry shall

create and maintain a map, based on the information contained in the Registry,

that illustrates the levels of radon across Ontario.

Same

(4) The operator of the Registry shall make

the radon map available to a member of the public on request, but shall not

disclose personal information except for the purpose of complying with any

applicable law.

Duty

to provide information

3. Any

radon measurement specialist or laboratory that analyzes a sample to determine

the sample's radon level shall provide the Ontario Radon Registry with the

following information:

1. The

name and address of the laboratory or radon measurement specialist.

2. The

name and address of the building or place at which the sample was taken.

3. The

radon level indicated by the sample.

4. Any

other information prescribed by the regulations.

Duties

of Minister, public education

(1) The

Minister shall conduct public education programs, and provide the public with

information, about the health risks associated with exposure to radon and ways

to reduce the risks.

Same

re homeowners

(2) The Minister shall encourage homeowners

to,

(

a) measure

the radon level in the normal occupancy area of their home using a

do-it-yourself kit or the services of a radon measurement specialist; and

(

b) unless

otherwise specified by the regulations, take action to reduce the radon level

if it exceeds 200 Bq/m 3 per year.

Same

(3) The Minister may do any of the

following for the purposes of subsections (1) and (2):

1. Use

any type of media.

2. Implement

a public awareness campaign.

3. Partner

with not-for-profit organizations.

4. Include

information in the school curriculum.

5. Any

other thing that the Minister considers appropriate.

Duties

of Minister, provincially owned dwellings

(1) Subject

to subsection (3), the Minister shall ensure that the radon level in the normal

occupancy area of every provincially owned dwelling is measured by a radon

measurement specialist,

(

a) before

December 31, 2021; and

(

b) as

frequently thereafter as may be prescribed by the regulations.

Same

(2) Unless otherwise specified by the

regulations, the Minister shall ensure that reasonable action is taken to

reduce the radon level if the measurement performed under subsection

(1) indicates that it exceeds 200 Bq/m 3 per year.

Same

(3) This

section only applies with respect

to a provincially owned dwelling if the occupier of the dwelling authorizes the

radon measurement specialist to enter and take measurements in the dwelling.

Duties

of owners of workplaces

(1) The

owner of an enclosed workplace that is not a project shall ensure that the

radon level in the normal occupancy area of the workplace is measured by a

radon measurement specialist,

(

a) before

December 31, 2016; and

(

b) as

frequently thereafter as may be prescribed by the regulations.

Same

(2) Unless otherwise specified by the

regulations, the owner shall ensure that reasonable action is taken to reduce

the radon level if the measurement performed under subsection (1) indicates

that it exceeds 200 Bq/m 3 per year.

Same

(3) If applicable, action must be taken

under subsection (2) within two years after the day the owner receives the

results indicating the radon level in the workplace.

Offence

(1) Subject

to subsection (2), a person who contravenes a provision of this Act or the

regulations is guilty of an offence and on conviction is liable to a fine of

not more than $25,000 or to imprisonment for a term of not more than 12 months,

or to both.

Same

(2) If a corporation is convicted of an

offence under subsection (1), the maximum fine that may be imposed upon the

corporation is $500,000.

Regulations

(1) The

Minister may make regulations,

(

a) prescribing

qualifications for the purposes of the definition of "radon measurement

specialist" in subsection 1 (1);

(

b) prescribing

information that shall be provided to the Ontario Radon Registry under

paragraph 4 of

section 3;

(

c) prescribing

how frequently the radon level in provincially owned dwellings and enclosed

workplaces must be measured;

(

d) specifying

radon levels for the purposes of clause 4 (2) (

b) and subsections 5 (2) and 6

(2).

Same

(2) A regulation may establish classes of

provincially owned dwellings or enclosed workplaces and may contain different

provisions and requirements for different classes.

Same

(3) A regulation may incorporate a document

to time.

Building Code Act, 1992

amendments

9. (1) Subsection

34 (1) of the Building Code Act, 1992 is amended by

adding the following paragraph:

3.1.1 requiring

any building that will be used as a dwelling to be constructed in a manner and

using materials that minimize radon entry and facilitate post-construction

radon removal;

(2) Section 34 of the Act is amended by

adding the following subsection:

Review,

standards for radon prevention

(8) The Minister shall initiate a review of

the building code with reference to requirements relating to radon prevention

in dwellings within five years after the day the Ra don

Awareness and Prevention Act, 2014 comes into force.

Commencement

10. This

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

Short

title

11. The

short title of this Act is the Radon Awareness and

Prevention Act, 2014 .

EXPLANATORY

NOTE

The

Bill enacts the Radon Awareness and Prevention Act, 2014

and amends the Building Code Act, 1992 with respect

to radon.

The

Act provides for the establishment of the Ontario Radon Registry, and requires

radon measurement specialists and laboratories to provide the Registry with

specified information.

The

Minister is required to educate the public about radon, and to encourage homeowners

to measure the radon levels in their homes and take remedial action, if

necessary.

The

Minister is also required to ensure that the radon level in every provincially

owned dwelling is measured and that remedial action is taken, if necessary.

Similarly, owners of enclosed workplaces are required to ensure that the radon

level in an enclosed workplace is measured and that remedial action is taken,

if necessary.

The

Building Code Act, 1992 is amended to provide

authority for regulations that require dwellings to be constructed in a way

that minimizes radon entry and facilitates post-construction radon removal.

The Minister is required to review those requirements within five years after

the day the Radon Awareness and Prevention Act, 2014 comes

into force.

Date Bill stage Activity Committee

July 17, 2014

Ordered referred to Standing Committee

Standing Committee on General Government

July 17, 2014

Second Reading

Carried

July 17, 2014

Second Reading

Debate

July 10, 2014

First Reading

Carried

Debates and Progress

First Reading

July 10, 2014

Committee

Second Reading

July 17, 2014

Mr. Shafiq Qaadri, Mr. Ernie Hardeman, Ms. Jennifer K. French, Ms. Teresa J. Armstrong, Ms. Daiene Vernile, Hon. Reza Moridi, Ms. Sylvia Jones

July 17, 2014

Declared carried. Referred to the Standing Committee on General Government.

Committee

Standing Committee on General Government

Third Reading

Royal Assent

Acts affected - Bill 11

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Building Code Act, 1992

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 11, 41-1
Type	bill
Volume / chapter	p41 s1 bill 11 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c979a5508875f92a9ecf24f4f52f97daf781e130

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