Divers working in Ontario must comply with the requirements of Ontario Regulation 629/94, Diving Operations (the Regulation) and Ontario's Occupational Health and Safety Act (OHSA) where applicable.

The Regulation applies to diving operations and functions that support of diving operations.

The Regulation sets out duties and responsibilities for various parties including:

  • employers
  • owners
  • diving supervisors
  • divers
  • diver’s tenders

Some of the requirements of the Regulation that relate to underwater performances are summarized below.

This resource does not replace the Occupational Health and Safety Act (OHSA) and its regulations and should not be used as or considered legal advice. Health and safety inspectors apply and enforce these laws based on the facts they find in the workplace.

Giving notice of diving operations

Notice must be given to the Ministry of Labour, Immigration, Training and Skills Development by each employer or owner associated with a diving operation at least 24 hours before the diving operation begins.

A completed Notice of Diving Operation form must be submitted to the ministry within 5 days after the start of the diving operation. When diving involves mixed gas, a written form must be submitted to the ministry prior to diving.

A copy of the written notice must be available at the dive site for inspection by a ministry inspector.

Subsection 5(4) of the Regulation outlines the information to include on the notice to the ministry. The following is some of the information included on the form:

  • location of the dive site
  • expected start date and duration of the diving operation
  • dates when and times of day during which the diving operation is expected to be carried out
  • name, mailing address and telephone number of an owner or employer who is associated with the diving operation
  • the names of all diving supervisors for the diving operation
  • maximum depth of any dive in the diving operation
  • description of the tasks expected to be performed in the diving operation
  • breathing mixtures expected to be used during the diving operation

Oral notice information (as required by subsection 5 of the Regulation) must include:

  • location of the dive site
  • expected starting and duration times of the diving operation
  • the dates and times when the diving operation is expected to take place
  • name, mailing address and telephone number of an owner or employer who is associated with the diving operation
  • statement whether the diving operation is to be offshore or onshore

Make an oral notice by calling the Health and Safety Contact Centre:

Any changes made to the plan after the ministry notification must be provided to the ministry.

Others who must be notified

In addition to the ministry, you must also notify the law enforcement agency that has responsibilities in relation to the area in which the dive site is located, each industrial plant that is within two kilometres of the dive site and each water control facility that is within one kilometre of the dive site (per Section 9 of the Regulation). Examples of law enforcement agencies include harbour commissions, harbour masters, navigable water (port) authorities and police departments.

If operating within the port of Toronto you must notify and receive written approval from the Harbour Master. The Toronto Police Marine Unit must also be made aware of the diving activity.

If operating in the port of Thunder Bay, you must notify and receive written approval from the Port Authority.

Competency requirements

Subsection 4.1(2) of the Regulation requires an employer to ensure that every person who participates in a diving operation meets the competency requirement applicable to the type of diving operation they are participating in. These competency requirements are set out in the Canadian Standards Association (CSA) standard Z275.4-12 (view this standard for free by registering with CSA Communities).

However, subsection 4.1(8) exempts an employer from this requirement when a person is participating in a diving operation in the screen industry (including film and television industry activities as well as other related activities) unless they are a:

  • standby diver
  • diver’s tender
  • diving supervisor
  • hyperbaric chamber operator
  • life support technician
  • person performing work underwater that is intended to support the health and safety of other diving operation personnel.

Examples of the in-water positions that persons may hold in the screen industry that could fall under the exemption include, but are not limited to:

  • On-camera talent
  • Stunt performer(s)
  • Riggers
  • Camera operators

Even when the exemption applies, each person in question is still a diver and the production is still a diving operation as defined by the Regulation.

Requirement to provide information and instruction

Clause 25(2)(a) of the OHSA requires that the employer provide information, instruction and supervision to a worker to protect their health and safety. This would include:

  • instruction and training in the type of diving being performed
  • considerations for the depth of the diving operation, its location and the complexity of the diving operation due to set design or stunt requirements

A recreational diving certification along with other evidence of training, such as previously logged diving activity within the film industry, or other third-party certifications could be evidence of compliance with this requirement subject to the specific conditions of the diving operation.

Documenting training and competency

Training compliance and the competency levels of the exempted divers must be accounted for in both the operational plan and contingency plan for the diving operation.

Dive planning

In addition to providing notice to the ministry, the employer and owner associated with the diving operation must ensure that a written operational plan and a written contingency plan for each diving operation is prepared, with input from 1 or more of the diving supervisors appointed for the diving operation.

All diving crew members are to be briefed on the plans and the plans must be available at the dive site for inspection by a ministry inspector.

Each plan must include the following items per Section 7 of the Regulation.

Operational plan

An operational plan must:

  • describe the tasks to be performed in the diving operation
  • state how those tasks are to be performed
  • state how the hazards to be encountered in the diving operation, are to be identified and handled
  • state which agencies and facilities will be given notice under Section 9 of the Regulation

Contingency plan

A contingency plan must include instructions for communicating with medical assistance in the event of an emergency and outline emergency procedures for:

  • the evacuation of an injured diver from the dive site
  • responding to any significant failure of a component of any diving equipment
  • responding to a loss of communication with a diver
  • responding to hazardous weather or ice conditions
  • aborting a dive
  • responding to any inability of an offshore dive site to maintain station

Documents that must be kept at the dive site

Section 8 of the Regulation requires copies of the following documents to be available at the dive site:

  • any written notice that has been given in respect of the diving operation under subsection 5(1) (if written notice has not yet been given, a written statement including the date of the oral notice and the name of the person to whom it was given)
  • the operational plan prepared for the diving operation under Section 7
  • the contingency plan prepared for the diving operation under Section 7
  • the Diving Operation Regulation (O. Reg. 629/94)
  • any standard published by the Canadian Standards Association and referred to in the Regulation that may apply to the diving operation

In addition, there must be a diver’s log book that includes a diver’s medical certificates (subsection 13(1) of the Regulation). The diving supervisor must have proof of training and their log book (daily record) available for inspection by an inspector as per subsection 12(1) of the Regulation.

Diving crew

The Regulation states a minimum crew requirement where Self-Contained Underwater Breathing Apparatus (SCUBA) or surface-supplied diving is used for underwater film production. The diving supervisor will determine the number of persons necessary for each dive. Section 6 of the Regulation requires that competent diving supervisors be appointed for every diving operation.

There is a minimum crew requirement for certified competent members for a basic diving team. The following roles must be filled:

  • a diving supervisor
  • a standby diver
  • a diver
  • a diver’s tender

Section 37 of the Regulation sets out minimum crew requirements where SCUBA is used and in subsection 37(2) allows that the diving supervisor may also function either as a standby diver or as a diver’s tender. Section 39 of the Regulation sets out minimum crew requirements when surface supplied diving is conducted. Adequate numbers of diver’s tenders are required for surface-supplied diving. A diving supervisor may only dive in the case of an emergency.

Each diver, diving supervisor, and at least 1 diver's tender must be certified in CPR oxygen administration and first aid. Certification documentation must be available at the dive site for inspection. Each occupational diver must be certified medically fit to dive. A physician who is knowledgeable about diving medicine and hyperbaric medicine must conduct the medical examination.

The OHSA and Sections 12, 13 and 14 of the Regulation outline some of the key duties of diving supervisors, divers, standby divers and diver's tenders before, during and after the dive. Sections 4.1 to 10 include duties of constructors, employers and owners. The divers and diver's Tender have specific duties under sections 13 and 14.

Section 63 of the Regulation requires every diver to maintain an up-to-date logbook, which includes proof of fitness and competence. Section 64 of the Regulation requires a diving supervisor to maintain a daily record of a diving operation containing prescribed information.

No person shall dive unless they have undergone a diving medical examination during the 24 month period preceding the dive and has obtained a written statement from the examining physician indicating that the diver is fit to dive. (Note: Divers aged 40 years and over must have undergone a diving medical examination in the preceding 12 months.) The examining physician must be knowledgeable about diving medicine and hyperbaric medicine as per Section 32 of the Regulation.

Section 33 of the Regulation states that the employer associated with the diving operation must ensure that up-to-date certification in cardio-pulmonary resuscitation, oxygen administration and first aid is held by each of the following:

  • the diving supervisor
  • each participating diver
  • at least one diver's tender at the dive site

Equipment

Section 15 of the Regulation requires the employer and diving supervisor to ensure that all diving equipment used in the diving operation is adequately maintained and is tested and repaired by a competent person in accordance with the manufacturer's recommended procedures. All SCUBA cylinders must be hydrostatically tested every 5 years.

Specific requirements regarding personal diving equipment and dive site equipment are described in Sections 16 and 17 of the Regulation.

The requirements for lifelines are outlined in Section 18 of the Regulation. For example, subsection 18(1) states:

The diving supervisor for a diving operation shall ensure that an adequate lifeline or strength member is attached to each diver participating in the diving operation when the diver is in the water.

The producer (meaning the employer) and the diving supervisor must ensure that each submerged diver is connected to the dive site by a two-way communication system. This communication may be by voice or pre-arranged line signals, but must meet the requirements of Section 19 of the Regulation.

Sections 20 to 24 of the Regulation contain specific requirements for:

  • cranes and hoisting devices
  • fall arrest systems
  • stages
  • hyperbaric chambers
  • gauges and metering equipment

 

Breathing mixtures

Breathing mixtures must be suitable for the diving operation, and should not, for example, contain levels of nitrogen or oxygen that would be a hazard at the planned depth and duration of the dive. Subsection 5(3) requires the employers and owner to give notice to the Ministry if a mixed gas (i.e. breathing mixture other than air) is used.

There must be a primary supply of breathing mixture that is adequate to complete the dive as planned and a secondary supply, which in the case of SCUBA is to be 1 complete SCUBA unit with a fully charged cylinder (as per Section 26 of the Regulation).

Each diver must also be equipped with an emergency bailout or emergency reserve system, as per Section 27 of the Regulation. The purity of any breathing mixture must conform to the CSA Standard Z275.2-11 (as per Section 29 of the Regulation).

There are also requirements for compressors that are used in diving operations to supply breathing mixtures and oxygen systems in Section 30 and Section 31 of the Regulation. Any compressor and associated equipment used in the diving operation to supply a breathing mixture must conform to the CSA Standard Z275.2-11. Additional information for compressors and associated equipment may be found in CSA Z180.1 05.

SCUBA and surface – supplied diving

Diving in the entertainment industry will in most cases require the use of SCUBA or a surface-supplied system. There are specific provisions for both in Sections 36-41 of the Regulation. Of particular relevance are the prohibitions on the use of SCUBA, in Section 36. If SCUBA is prohibited, a surface-supplied system could be used instead.

SCUBA must not be used near or in an underwater intake, pipe, tunnel, duct or other confined space. SCUBA divers are prohibited from:

  • diving at a water control structure
  • working with power tools, hoisting devices, burning or welding equipment
  • working in depths deeper than 100 feet
  • working in contaminated environments.

Refer to Section 36 of the Regulation.

Diving supervisors’ duties

The person who is hired as the diving supervisor shall ensure that there are an adequate number of divers who are competent and fit for the job. Section 7 sets out the requirements for an operational plan and a contingency plan and requires input from the diving supervisor. Clause 12(3)(a) requires the diving supervisor to ensure the operational and contingency plans are followed. Clause 12(3)(b) requires the diving supervisor to brief the workers on the operational and contingency plans.

They will ensure that all standby divers are adequately dressed and equipped at all times during the operation and that no standby diver dives except in the event of a health or safety emergency.

The diving supervisor must refer to the requirements set out in the Regulation and follow the duties as listed in the Regulation.

Divers’ and standby divers’s duties

Divers and standby divers must be adequately trained and fit for the job. Standby divers must not dive except in the event of a health and safety emergency. Divers and standby divers must comply with Section 13 of the Regulation.

Diver's tender duties

A diver's tender shall ensure that they do not perform any duties other than those specified in Section 14 of the Regulation.