Asbestos Use Prohibition Act, 2017 Bailey, Robert — Bill 88 (41st Parliament, 2nd Session)

Bill 88, 41-2

Ontario — Bills

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Bill 88, Asbestos Use Prohibition Act, 2017

Bailey, Robert

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Original

[41] Bill 88 Original (PDF)

Bill 88 2016

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

1. In

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; ("ministè re " )

"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.

("r èglements ")

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

5. 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

6. This

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

Short

title

7. The

short title of this Act is the Asbestos Use Prohibition Act, 2016 .

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.

Date Bill stage Activity Committee

February 23, 2017

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

February 23, 2017

Second Reading

Carried

February 23, 2017

Second Reading

Debate

December 8, 2016

First Reading

Carried

Debates and Progress

First Reading

December 8, 2016

Committee

Second Reading

February 23, 2017

Mr. Robert Bailey, Miss Monique Taylor, Hon. Kevin Daniel Flynn, Mr. Ted Arnott, Mr. Taras Natyshak, Mr. Lou Rinaldi, Mr. Monte McNaughton, Hon. Glen R. Murray

February 23, 2017

Declared carried. Referred to the Standing Committee on the Legislative Assembly.

Committee

Standing Committee on the Legislative Assembly

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 88, 41-2
Type	bill
Volume / chapter	p41 s2 bill 88 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e2d70fc94cba2856b65776abf86757e7a19b318a

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