What does the regulation ask of an owner?
A check and a report, before the contract. The owner acts before requesting tenders for the demolition, alteration or repair
of a building, or before arranging or contracting for any work described in clause (a), if no tenders are requested.
(O. Reg. 278/05, s. 10(1)) The check: the owner shall have an examination carried out in accordance with section 3 to establish whether any material that is likely to be handled, dealt with, disturbed or removed, whether friable or non-friable, is asbestos-containing material.
(s. 10(2)) No examination is needed if the owner already knows the answer, or if the work is arranged as though the material were asbestos. (s. 10(3))
What goes in the report, and who gets it?
The report says whether the material is asbestos, describing the condition of the material and stating whether it is friable or non-friable
, with drawings, plans and specifications, as appropriate, to show the location of the material
. (s. 10(4)) Then: An owner shall give any prospective constructor a copy of the complete report prepared under subsection (4).
(s. 10(5)) Hand it over with the scope, before the quote is signed.
Which owners does it leave out?
Owners living in small buildings. This Regulation does not apply to an owner of a private residence occupied by the owner or the owner’s family or to an owner of a residential building that contains not more than four dwelling units, one of which is occupied by the registered owner or family of the registered owner.
(s. 2(4)) An investor's fourplex where nobody in the owner's family lives, an apartment building, or a commercial unit is not in that exception.
What does the Occupational Health and Safety Act add?
A list for every project. Before beginning a project, the owner shall determine whether any designated substances are present at the project site and shall prepare a list of all designated substances that are present at the site.
(Occupational Health and Safety Act, s. 30(1)) And the cost of skipping it: an owner who fails is liable to the constructor and every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that the owner ought reasonably to have known of but that was not on the list
. (s. 30(5)) Asbestos is one of the designated substances, which is why O. Reg. 278/05 is titled as it is.
Where does asbestos show up in a rental?
The regulation itself names the usual places, in material used for any purpose related to the building, including insulation, fireproofing and ceiling tiles
. (s. 8(2)) Drop ceiling tiles in a hallway and old flooring in a unit are exactly what a turnover or a common area refresh takes out. If something turns up during the work that was not in the report, the regulation puts the duty on the crew's employer: an employer shall advise the owner if the workers discover material that may be asbestos-containing material in the building.
(s. 9)
What does it mean for my renovation?
In an older building, get the report before the demo, not after. Put it with the other papers that come before a contract: the building permit, the WSIB clearance certificate and the payment rules in holdback and prompt payment. Reborn Renos does the rebuild: apartment and commercial renovations, turnovers and common areas. Investors weighing an older building can start at work for real estate investors. Call (905) 920-1418, Monday to Saturday, 7 am to 7 pm, or send the details on the request page.
This is a plain summary, not legal advice or a safety procedure. The linked regulation is what counts.