Regulation - LGIC

Proposal to Amend Ontario Regulation 213/91 - Construction Projects to Modernize the Notice of Project Requirements

Regulation Number(s):
O. Reg. 213/91- Construction Projects
Instrument Type:
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Proposal:
Currently, O. Reg. 213/91- Construction Projects requires that an NOP be filed with the Ministry of Labour, Training and Skills Development if a construction project is expected to cost more than $50,000 in materials and labour. There is a higher threshold of $250,000 for projects at automotive manufacturers and assemblers. In addition to the $50,000 financial trigger, a construction project involving in one of the high hazard activities listed in the regulation is required to submit a NOP to the Ministry. The intent of the NOP is to identify potentially high-hazard construction activities for possible inspections by the Ministry.

1. The Ministry is proposing to modernize the notice requirement for construction projects by potentially replacing the $50,000 monetary threshold with an expanded list of hazard-based triggers.

2. The ministry is also proposing to move various other notice requirements throughout the regulation into a single section of the regulation for easier reference.

3. Finally, the ministry is proposing to replace the fax option with email communication for all notice requirements in the construction projects regulation.
Analysis of Regulatory Impact:
All ministries are subject to requirements set out in the Modernizing Ontario for People and Businesses Act, 2020 (MOPBA), which came into force January 1, 2021. As part of its obligations under the MOPBA, the Ministry of Labour, Training and Skills Development will conduct a Regulatory Impact Analysis (RIA) of these proposed amendments. A regulatory impact assessment is a process of identifying and assessing the incremental benefits and costs of regulations and non-regulatory alternatives.
Further Information:
Proposal Number:
21-MLTSD 014
Posting Date:
July 9, 2021
Comments Due Date:
September 10, 2021
Contact Address:
Notice of Project Modernization
Health, Safety and Insurance Policy Branch
Ministry of Labour, Training and Skills Development
400 University Avenue, 14th Floor
Toronto ON M7A 1T7