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Workplace Safety and Insurance Act, 1997
Loi de 1997 sur la sécurité professionnelle et l’assurance contre les accidents du travail

ONTARIO REGULATION 175/98

GENERAL

Consolidation Period: From July 1, 2010 to the e-Laws currency date.

Last amendment: O. Reg. 80/10.

This Regulation is made in English only.

CONTENTS

   

Sections

 

Definitions

1

 

Schedules Established

2

 

Industries Excluded from Schedules 1 and 2

3-5

 

Calculation of Employer’s Premiums

6-11

 

Operations Carried on Partly as a Business

12

 

Speculative Building

13

 

Bankruptcy, Winding-up Proceedings, etc.

14

 

Default in Reporting or Furnishing Particulars of Any Accident

15

 

Average Earnings of Apprentices, Learners and Students

16

 

Training Agencies

17

 

Rating Schedule

18

 

Posting up Information Regarding Act

19

Schedule 1

Industries the employers in which are liable to contribute to the insurance fund

 

Schedule 2

Industries the employers in which are individually liable to pay benefits under the insurance plan

 

Schedule 3

Occupational diseases

 

Schedule 4

Occupational diseases (deemed under subsection 15 (4) of the act)

 

Definitions

1. In this Regulation,

“business activity” means an operation that relates to the production of a product or the provision of a service and includes the work done by domestic workers;

“farm” means premises the whole or part of which are used for agricultural purposes and, without limiting the generality of the foregoing, includes premises used for,

(a) the production of plants for the purpose of the sale of such plants, or any part thereof, and

(b) the production, including breeding, rearing or fattening of animals for the purpose of the sale of such animals, or any part thereof, or for the purpose of racing or exhibiting such animals;

“manufacturing” includes making, preparing, altering, repairing, ornamenting, printing, finishing, packing, packaging, inspecting, testing, assembling the parts of and adapting for use or sale any article, commodity or raw material;

“office building” means a building used or occupied, wholly or partly, for office purposes;

“properly segregated” in relation to a business activity or operation of an employer means that,

(a) the wage records for the payroll for the business activity or operation are segregated from the payroll for the employer’s other business activities and operations, and

(b) the segregated wage records can be verified by records of the employer kept for a reason other than for verifying those segregated wage records;

“restaurant” means a cafe, cafeteria, dining room, tea room or coffee room or any place where meals or refreshments are served on order to the public. O. Reg. 175/98, s. 1; O. Reg. 444/01, s. 1.

Schedules Established

2. Schedules 1, 2, 3 and 4 to this Regulation are established as Schedules 1, 2, 3 and 4 for the purposes of the Act. O. Reg. 175/98, s. 2.

Industries Excluded from Schedules 1 and 2

3. The following industries are excluded from Schedules 1 and 2:

1. Barbering and shoe-shining establishments.

2. Educational work, veterinary work and dentistry.

3. Funeral directing and embalming.

4. The business of a photographer.

5. Taxidermy. O. Reg. 175/98, s. 3.

4. Schedules 1 and 2 of the Act do not include the permanent workers of the fire department of the City of Toronto who are under The Toronto Fire Department Superannuation and Benefit Fund. O. Reg. 175/98, s. 4.

5. Subject to section 13, anything not itself done by the employer as a business or trade or for profit or gain if, but for this section, it would be an industry included in Schedule 1, is excluded from Schedules 1 and 2, except where it is done as a part of or process in or incidentally to or for or for the purpose of an industry included in Schedule 1. O. Reg. 175/98, s. 5.

Calculation of Employer’s Premiums

6. (1) For the purposes of calculating an employer’s premiums, an operation of the employer that is ancillary to a business activity of the employer shall be deemed to be part of that business activity. O. Reg. 175/98, s. 6 (1).

(2) If an operation is ancillary to more than one business activity, those portions of the ancillary operation that relate to each business activity shall be deemed to be part of that business activity. O. Reg. 175/98, s. 6 (2).

(3) An operation is ancillary to a business activity if it supports or is incidental to the business activity and it falls within any one of the following paragraphs:

1. Design, including drafting and engineering, research and development related to goods produced or services provided, or intended to be produced or provided, by the employer.

2. The operation of a plant to produce power or heat for the employer’s use.

3. The operation of maintenance or repair shops for the purpose of servicing or repairing the employer’s vehicles or equipment.

4. Inventory control.

5. The manufacture of packaging or packing materials to be used in the packaging of goods produced by the employer.

6. Printing or lithography directly onto, or for use on, goods produced or sold by the employer.

7. The warehousing or distribution of goods produced or sold by the employer.

8. The transportation of an employer’s personnel or of goods produced or sold by the employer.

9. Wholesaling of goods produced by the employer.

10. The maintaining of security at the employer’s premises.

11. Administration related to the employer’s operations.

12. Warranty repairs carried out on goods produced or sold by the employer.

13. Marketing, promotion or communication related to goods sold or produced or services provided, or intended to be sold, produced or provided, by the employer.

14. Training of personnel relating to the employer’s business activities.

15. The operation of any of the following carried out for the employer’s personnel: cafeterias, commissaries, parking lots or health, recreational or day-care facilities. O. Reg. 175/98, s. 6 (3).

(4) If part of an operation of an employer is ancillary to one or more business activities of the employer and part of the operation is carried on as a business activity then the following rules shall apply:

1. If the part of the operation that is carried on as a business activity is properly segregated from the part that is ancillary, this section applies only to that ancillary part and the premiums for the part that is carried on as a business activity shall be calculated separately.

2. If the part of the operation that is carried on as a business activity is not properly segregated from the part that is ancillary, the premiums for the entire operation shall be calculated using the highest of the premium rate for the operation and the premium rate or rates of the business activity or activities to which the operation is partly ancillary.

3. The operation shall not be considered to be a business activity for the purposes of section 9. O. Reg. 175/98, s. 6 (4).

7. (1) For the purposes of calculating premiums, an operation that is undertaken by an employer so that the employer can commence a business activity shall be deemed to be part of that business activity. O. Reg. 175/98, s. 7 (1).

(2) If an operation is undertaken so that the employer can commence more than one business activity, those portions of the operation that relate to each business activity shall be deemed to be part of that business activity. O. Reg. 175/98, s. 7 (2).

(3) This section does not apply with respect to operations set out in subsection 8 (1). O. Reg. 175/98, s. 7 (3).

8. (1) This section applies with respect to the following operations if they form part of a business activity:

1. High rise forming.

2. Structural steel erection and steel reinforcing.

3. Demolition.

4. Construction of a bridge that has a span between abutments of at least 6.1 metres and a height, at some point, of at least 3.1 metres to the top of the bridge floor.

5. Construction, excluding repairs relating to ordinary wear and tear, performed by employers who are not in the construction industry.

6. Logging performed by employers who are not in the logging industry.

7. Millwright and rigging work performed by employers who are not engaged in a millwright and rigging industry.

8. Any of the following operated as part of a retail operation: garages for servicing and repairing motor vehicles, restaurants or home improvements and renovations. O. Reg. 175/98, s. 8 (1).

(2) If the operation is properly segregated from the business activity, the premiums for the operation shall be calculated separately. O. Reg. 175/98, s. 8 (2).

(3) If the operation is not properly segregated from the business activity, the premiums for the business activity and the operation shall be calculated using the highest of the premium rate for the operation and the premium rate for the business activity. O. Reg. 175/98, s. 8 (3).

(4) This section does not apply to a small employer within the meaning of paragraph 3 of section 9. O. Reg. 175/98, s. 8 (4).

9. If an employer has more than one business activity, the employer’s premiums shall be calculated using the highest of the premium rates for the employer’s business activities subject to the following rules:

1. If a business activity of an employer is properly segregated from the employer’s other operations, the premiums with respect to that segregated business activity shall be calculated separately.

2. Subject to paragraph 1, the premiums for a small employer shall be calculated using the premium rate for the employer’s predominate business activity during the year for which the employer premiums are calculated.

3. An employer is a small employer if the employer’s annual payroll upon which premiums are payable is less than five times the amount described in subsection 54 (1) of the Act for a one-year period.

4. A small employer’s predominate business activity is the business activity for which the largest percentage of the small employer’s annual payroll is paid. In this paragraph, “payroll” means the payroll upon which premiums are payable. O. Reg. 175/98, s. 9.

10. If an employer contracts with another person to have that person carry out an operation that would be a business activity or part of a business activity if the employer carried out the operation, the employer shall, for the purposes of determining what premium rates should apply to the employer, be deemed to be directly carrying out that activity. O. Reg. 175/98, s. 10.

11. (1) If two or more employers are associated and an operation of one would be ancillary to an operation of another if the operations were carried on by a single employer, the premiums for each employer shall be calculated with respect to that employer’s operations using the premium rate that would be used to calculate the premiums for those operations if all the operations of the associated employers were carried out by a single employer. O. Reg. 175/98, s. 11 (1).

(2) Two employers are associated if any of the following apply:

1. The employers are individuals who are related to each other.

2. One employer is a corporation and the other employer is,

i. a person who controls the corporation,

ii. a member of a related group that controls the corporation,

iii. an individual who is related to a person described in subparagraph i or a member described in subparagraph ii, or

iv. a partnership that controls the corporation.

3. The employers are corporations and,

i. the corporations are controlled by the same person,

ii. the corporations are controlled by individuals who are related to each other,

iii. one corporation is controlled by an individual who is related to a member of a related group that controls the other corporation, or

iv. the corporations are controlled by related groups and a member of one of the related groups is related to a member of the other related group.

4. The employers are partnerships and there are persons who are general partners of both partnerships and those persons are entitled to share in at least 50 per cent of the profits of each partnership. O. Reg. 175/98, s. 11 (2).

(3) For the purposes of this section,

(a) a person or partnership controls a corporation if enough shares to elect a majority of the board of directors are held, other than as security, by or for the benefit of the person or partnership;

(b) an individual is related to,

(i) the individual’s spouse, as defined in Part III of the Family Law Act,

(ii) the individual’s parents,

(iii) the individual’s siblings,

(iv) the individual’s children;

(c) a related group is a group of individuals each of whom is related to all the other members of the group;

(d) an employer is associated with other employers that are associated with each other if the employer is associated with any one of the others. O. Reg. 175/98, s. 11 (3); O. Reg. 561/99, s. 1; O. Reg. 336/05, s. 1.

Operations Carried on Partly as a Business

12. The payroll of workers engaged in operations carried on partly as an industry under Schedule 1 and partly as an industry not under Schedule 1 shall be rated and dealt with by the Board as if all the operations were under Schedule 1. O. Reg. 175/98, s. 12.

Speculative Building

13. The construction of,

(a) a house or any part of it by an employer who, within three years before the commencement of the house, has completed or has had completed for the employer the building of another house; and

(b) any building or any part of it to sell or rent in whole or in part,

whether or not it is done or carried on as a business or trade for profit or gain and, if not included in Schedule 2, is included in the class or classes of industries in Schedule 1 to which according to the nature of the work it should belong. O. Reg. 175/98, s. 13.

Bankruptcy, Winding-up Proceedings, etc.

14. (1) Any of the following operations carried out in bankruptcy or winding-up proceedings or under receivership shall be deemed, for the purposes of calculating premiums, to be part of the business activity to which they relate: continuation of a business activity, repairs relating to ordinary wear and tear and taking care of a plant or property used for a business activity or making it ready for sale. O. Reg. 175/98, s. 14 (1).

(2) If an operation set out in subsection (1) relates to more than one business activity, those portions of the operation that relate to each business activity shall be deemed to be part of that business activity. O. Reg. 175/98, s. 14 (2).

Default in Reporting or Furnishing Particulars of Any Accident

15. The amount under subsection 21 (3) of the Act that an employer shall pay is,

(a) if the injury arising out of the accident results in a claim for health care only, an amount determined by the Board that is not less than $25 and not more than $250; and

(b) if the injury arising out of the accident results in a claim for compensation, an amount determined by the Board that is not less than $50 and not more than $250. O. Reg. 175/98, s. 15.

Average Earnings of Apprentices, Learners and Students

16. (1) For the purpose of subsection 53 (4) of the Act, the criteria for determining the average earnings of a worker who is an apprentice, learner or full-time or part-time student are as set out in this section. O. Reg. 175/98, s. 16 (1).

(2) The average earnings of a worker who is an apprentice shall be determined with reference to the average earnings of a journeyperson employed by the employer in the same trade as that in which the worker was working when injured. O. Reg. 175/98, s. 16 (2).

(3) If the employer did not employ a journeyperson in the same trade as that in which the worker was working when injured, the average earnings of the worker shall be determined with reference to the average earnings of a journeyperson employed in the employer’s locality in the same trade. O. Reg. 175/98, s. 16 (3).

(4) The average earnings of a worker who is a learner shall be determined as follows:

1. If the worker was, on the date of injury, receiving any income, including training allowances, social assistance benefits, insurance benefits and employment insurance benefits, that would terminate on the worker’s receipt of payments for loss of earnings under the Act, the worker’s average earnings shall be determined with reference to the total amount of that income.

2. If the worker was not, on the date of injury, receiving any income described in paragraph 1, the worker’s average earnings shall be determined with reference to the minimum wage in effect in Ontario on the date of injury.

3. In making a determination as to average earnings under paragraph 1 or 2, if the worker was employed under a contract of service concurrent with the probationary work program or training program, the Board shall also take into account earnings from the employment.

4. Despite paragraphs 1 and 2, if the worker had accepted an offer of employment that was to begin at the completion of the probationary work program, the training program or a session of such a program, the worker’s average earnings shall be determined with reference to the average earnings the worker would earn in that employment. O. Reg. 175/98, s. 16 (4).

(5) The average earnings of a worker who is a learner shall be recalculated,

(a) when the worker has completed the training program or probationary work; or

(b) if the worker is unable to complete the training program or probationary work as a result of the injury, when the worker would have completed the training program or probationary work if the injury had not occurred. O. Reg. 175/98, s. 16 (5).

(6) The average earnings of a worker recalculated under subsection (5) shall be determined with reference to,

(a) the average earnings of a worker employed by the employer in the same trade as that in which the worker was working when injured;

(b) if the employer does not employ a worker in the same trade as that in which the worker was working when injured, the average earnings of a worker employed in the employer’s locality in the same trade; or

(c) if there is no worker employed in the employer’s locality in the same trade, the average earnings of a worker employed in the closest analogous employment with the employer or others in the locality. O. Reg. 175/98, s. 16 (6).

(7) In making a determination under clause (6) (c), the Board shall consider what the worker’s level of education, aptitude and skills would likely have been at the completion of the training program. O. Reg. 175/98, s. 16 (7).

(8) The average earnings of a worker who is a student shall be determined following the date of injury taking into account,

(a) the rate per week at which the worker was remunerated by each of the employers for whom he or she worked when the worker was injured;

(b) any pattern of employment that resulted in a variation in the worker’s earnings; and

(c) such other information as it considers appropriate. O. Reg. 175/98, s. 16 (8).

(9) The average earnings of a worker who is a student shall be recalculated,

(a) if the worker is unable to complete his or her education as a result of the injury, when the worker would have completed his or her education if the injury had not occurred; or

(b) in any other case, when the worker has ended his or her education. O. Reg. 175/98, s. 16 (9).

(10) The average earnings of a worker recalculated under subsection (9) shall be determined with reference to the average earnings of a worker employed in a job in which the injured worker would likely be employed if the injury had not occurred. O. Reg. 175/98, s. 16 (10).

(11) A determination under subsection (10) shall be based upon the average industrial wage for the year in which the worker’s injury occurred, and upon the worker’s level of education and his or her aptitude and skills at the time of the injury. O. Reg. 175/98, s. 16 (11).

(12) For the purpose of subsection (11), the average industrial wage for a year is the amount determined under subsection 54 (2) of the Act. O. Reg. 175/98, s. 16 (12).

Training Agencies

17. The following classes are prescribed for the purposes of clause (b) of the definition of “training agency” in subsection 69 (1) of the Act:

1. Educational institutions.

2. Persons, partnerships, organizations, trade unions and other entities that arrange vocational training or provide vocational services. O. Reg. 175/98, s. 17.

Rating Schedule

18. (1) The American Medical Association Guides to the Evaluation of Permanent Impairment (third edition revised) as it read on January 14, 1991 is prescribed as the rating schedule for the purposes of subsection 47 (2) of the Act. O. Reg. 175/98, s. 18 (1).

(2) The criteria prescribed for the purposes of subsection 47 (2), for impairments not provided for in the rating schedule, are the criteria in the listings in the rating schedule for those body parts, systems or functions which are most analogous to the conditions of the worker. O. Reg. 175/98, s. 18 (2).

Posting up Information Regarding Act

19. Every Schedule 1 employer and every Schedule 2 employer shall post up and keep posted up in conspicuous places within easy access of the workers such card, pamphlet or other information concerning the Act or this Regulation as is supplied to the employer by the Board. O. Reg. 175/98, s. 19.

Note: For greater certainty, the revocation of Regulation 1102 of the Revised Regulations of Ontario, 1990 by subsection 20 (1) of Ontario Regulation 175/98 does not affect its application under section 102 of the Act. See: O. Reg. 175/98, s. 20 (2).

SCHEDULE 1
INDUSTRIES THE EMPLOYERS IN WHICH ARE LIABLE TO CONTRIBUTE TO THE INSURANCE FUND

Class A — Forest Products

1. i. Lumbering.

ii. Bark peeling.

iii. Booming.

iv. Cord-wood cutting.

v. Logging.

vi. Rafting.

vii. River driving.

2. i. Manufacturing,

A. cooperage stock,

B. headings,

C. staves,

D. spokes,

E. veneer,

F. veneer articles, and

G. plywood.

ii. Operating,

A. lath mills,

B. sawmills,

C. shingle mills, and

D. lumber yards in connection with sawmills.

iii. Rossing.

3. i. Creosoting of timbers.

ii. Kiln drying.

4. i. Manufacturing,

A. corrugated-paper boxes and corrugated-paper cases,

B. fibre-board, and

C. fibre-board boxes and fibre-board cases.

ii. Operating,

A. paper mills,

B. pulp mills,

C. pulp mills and paper mills and pulp and paper mills,

D. planing mills, and

E. lumber yards in connection with planing mills.

Class B — Mining And Related Industries

1. Mining.

2. Diamond drilling.

3. Reduction of ores.

4. Treatment of ores or minerals.

5. i. Shaft sinking in or for mines.

ii. Cross cutting and drifting in or for mines.

6. Prospecting and development work.

7. Line cutting.

8. i. Operating oil wells.

ii. Operating gas wells.

iii. Well boring and drilling.

9. i. Operating sand pits, shale pits, or gravel pits.

ii. Stone crushing.

iii. Quarrying (including on-site stone cutting and stone dressing).

10. Operating marble-works.

11. Manufacturing peat fuel.

12. Milling of gypsum, lime, limestone or other stone.

Class C — Other Primary Industries

1. Operation of a tobacco farm, mushroom farm, fur farm, fruit farm, other than tree fruits, chicken farm, turkey farm, chick hatchery, apiary, nursery, market garden, mechanical cultivator, and the production of flowers for sale.

2. Operation of a general farm, tree fruit farm, Christmas tree farm, dairy farm, stock farm, horse farm, ensilage cutter, hay baling machine, threshing machine, farm drainage contractor, and the production of cash crops that are mechanically harvested.

3. Seed cleaning, not as part of a country grain elevator service.

4. Well digging.

5. Landscaping or sodding.

6. Fishing.

Class D — Manufacturing

1. i. Manufacturing,

A. artificial limbs,

B. bed springs,

C. canoes,

D. coffins,

E. cork articles,

F. cork carpets,

G. fixtures of wood,

H. furniture,

I. linoleum,

J. mattresses,

K. organs,

L. phonographs,

M. pianos,

N. piano actions or piano keys,

O. skiffs,

P. small boats, and

Q. wicker and rattan ware.

ii. Installing pipe organs.

iii. Upholstering.

2. i. Manufacturing,

A. excelsior,

B. hardwood flooring, and

C. wooden packing cases or wooden boxes.

ii. Operating,

A. moulding mills,

B. sash factories or door factories, and sash and door factories, and

C. lumber yards in connection with sash factories or door factories, and sash and door factories.

3. i. Manufacturing,

A. basket bottoms,

B. baskets,

C. cheese boxes,

D. churns,

E. spokes and hubs for wooden vehicles,

F. toys and novelties,

G. turned and shaped goods, and

H. wooden barrels or kegs.

4. i. Manufacturing,

A. brooms,

B. brushes,

C. carpet sweepers,

D. door screens,

E. dusters,

F. grilles,

G. hockey sticks,

H. lacrosse sticks,

I. ladders,

J. lead pencils,

K. matches,

L. mops,

M. musical instruments,

N. picture frames,

O. pressed-wood pulleys,

P. pumps,

Q. screens or window shades,

R. shade roller,

S. skis,

T. sport racquets,

U. toboggans, and

V. venetian blinds made of wood and other articles made of wood.

ii. Carpenter work, joiner work or cabinet work, in a shop.

iii. Hand carving.

5. Manufacturing cement.

6. Manufacturing,

i. bricks, including the operation of clay pits,

ii. fire proofing,

iii. foundry facings,

iv. porcelain,

v. pottery,

vi. roof tile,

vii. sewer pipe,

viii. terra-cotta, and

ix. tile.

7. i. Manufacturing glass or glass products.

ii. Glass cutting.

8. i. Stone cutting and stone dressing (not on quarry site).

ii. Monument making.

9. i. Manufacturing,

A. artificial brick and artificial stone,

B. cement blocks or cement tile,

C. plaster board, plaster blocks or plaster casts,

D. slate, and

E. stone paving blocks or artificial stone paving blocks.

ii. Operating lime kilns.

iii. Lime burning.

iv. Manufacturing coal briquettes.

10. i. Manufacturing heavy forgings.

ii. Operating,

A. rolling mills, and

B. steel works.

iii. Smelting of iron, with blast furnace.

11. Smelting of ores, not including iron.

12. Manufacturing,

i. abrasives,

ii. alundum,

iii. artificial abrasives and artificial graphite,

iv. carbon electrodes,

v. carborundum,

vi. ferro alloys, and

vii. metal pipe and metal tube.

13. i. Manufacturing,

A. a babbitt metal,

B. cast hot-water boilers and cast radiators,

C. metal sanitary ware,

D. metal water fixtures,

E. metal bedsteads,

F. pipe fittings,

G. wrought iron pipe or wrought iron tubing, and

H. patterns.

ii. Operating,

A. foundries, and

B. lead works.

14. Fabrication of structural,

i. iron,

ii. metal, and

iii. steel.

15. i. Ship building or ship repairing.

ii. Operation of dry docks.

16. i. Manufacturing,

A. ammunition shells, without explosives,

B. carriage mountings,

C. chains,

D. cream separators,

E. cutlery,

F. electric apparatus, appliances or motors,

G. electric fixtures,

H. firearms,

I. furnaces,

J. gas fixtures,

K. hardware,

L. light forgings,

M. machinery,

N. metal,

1. axles, springs or vehicle parts,

2. awnings,

3. doors,

4. instruments,

5. refrigerators,

6. screens,

7. toys,

8. utensils,

9. wares, and

10. window frames,

O. ranges,

P. sheet-metal wares or articles,

Q. sheet-metal enamelled wares or articles,

R. sporting goods,

S. steel bedsteads,

T. tools,

U. tin-ware articles,

V. washing machines, and

W. other metal articles.

ii. Operating,

A. machine shops,

B. automotive machine shops, and

C. metal-stamping works.

iii. Heat treating.

17. Manufacturing,

i. boilers,

ii. cranes,

iii. engines,

iv. freight or passenger elevators or escalators, including erection, installation, repair and maintenance,

v. iron stairs,

vi. metal,

A. ceiling,

B. roofing,

C. shingles, and

D. siding,

vii. other metal sheets,

viii. ornamental iron for buildings or fences,

ix. safes, and

x. steel,

A. barrels,

B. drums, and

C. tanks.

18. i. Manufacturing,

A. bolts,

B. cables,

C. cold-drawn shafting,

D. lightning rods,

E. metal flag staffs,

F. nails,

G. nuts,

H. screws,

I. windmills, and

J. wires.

ii. Manufacturing,

A. screens, and

B. wire baskets, cages, cloth, fencing and other wire goods.

19. i. Manufacturing,

1. adding machines,

2. batteries, dry and storage,

3. buttons of metal, pearl, ivory or horn,

4. cameras,

5. cash registers,

6. celluloid articles,

7. clocks,

8. electric shavers,

9. gold, silver and plated ware,

10. incandescent lamps,

11. ivory articles,

12. jewellery,

13. machine needles,

14. musical instruments,

15. neon-tube lights,

16. optical goods,

17. phonograph records,

18. photographic supplies,

19. plaster statuary,

20. articles made from plastics,

21. radios and television sets, including servicing,

22. radio tubes,

23. rubber stamps or stencils,

24. scales,

25. sewing machines,

26. typewriters,

27. vacuum cleaners, and

28. watches and watch cases.

ii. Operating a storage battery business.

iii. Operating dental laboratories.

iv. Plating.

v. Polishing and buffing.

vi. Vacuum metallizing.

vii. Galvanizing.

viii. Metal enamelling.

ix. Tinning.

x. Die-casting.

20. Manufacturing,

i. agricultural implements,

ii. carriages,

iii. farm tractors,

iv. motor truck bodies,

v. sleighs,

vi. threshing machines, and

vii. vehicles, other than self-propelled vehicles.

21. i. Manufacturing,

A. automobiles,

B. automobile bodies,

C. aeroplanes,

D. baby carriages,

E. bicycles,

F. locomotives,

G. motorcycles,

H. motor trucks,

I. toy wagons or toy sleighs, and

J. tricycles.

ii. Painting vehicles or vehicle parts, by the manufacturer or as a business other than by autobody repair shops.

iii. Automobile trimming or automobile painting, by the manufacturer.

iv. Operating spray painting shops other than by autobody repair shops.

v. Manufacturing gun carriages.

vi. Operating car shops.

22. i. Manufacturing,

A. gasoline, petroleum and petroleum products, and

B. gas.

ii. Operating by-product coke ovens.

iii. Manufacturing,

A. asphalted, pitched or tarred paper,

B. dry colour,

C. japan and other driers,

D. oil,

E. paint,

F. printing ink,

G. printers’ rollers,

H. salt,

I. soap,

J. tar,

K. turpentine, and

L. varnish.

23. Manufacturing,

i. ammonia,

ii. celluloid,

iii. charcoal,

iv. corrosive acids or corrosive chemicals,

v. plastic compounds,

vi. salts, and

vii. wood alcohol.

24. Manufacturing,

i. baking powder,

ii. candles,

iii. drugs,

iv. dyes,

v. extracts,

vi. medicines,

vii. mucilage,

viii. non-corrosive acids or non-corrosive chemical preparations,

ix. non-hazardous chemical preparations,

x. perfumes,

xi. pharmaceutical or toilet preparations,

xii. shoe polish or shoe blacking,

xiii. wax crayons,

xiv. writing ink, and

xv. yeast.

25. Manufacturing,

i. cartridges,

ii. cordite or other high explosives,

iii. dynamite,

iv. fireworks,

v. fuses,

vi. gunpowder,

vii. guncotton,

viii. nitroglycerine, and

ix. torpedoes.

26. i. Manufacturing,

A. cattle foods, and

B. fertilizers.

ii. Milling.

iii. Operating clover mills.

27. i. Manufacturing,

A. glue, and

B. meat products.

ii. Butchering.

iii. Operating,

A. abattoirs, and

B. packing houses.

iv. Preparation of meats.

28. Manufacturing,

i. butter,

ii. cheese, and

iii. dairy products.

29. i. Manufacturing,

A. biscuits,

B. cereals or cereal products,

C. chewing gum,

D. chocolate,

E. cocoa,

F. confectionery, and

G. macaroni.

ii. Operating bakeries.

30. i. Manufacturing,

A. cider,

B. condensed milk or condensed cream,

C. fruit juices,

D. jam,

E. spices and condiments, and

F. vinegar.

ii. Canning or preparation of fish, fruit, vegetables or other foodstuff.

iii. Operating pickle factories.

iv. Roasting and grinding coffee and roasting nuts.

v. Blending or packaging of tea.

31. i. Manufacturing,

A. glucose,

B. malt or malt products, and

C. starch.

ii. Operating sugar refineries.

32. i. Manufacturing,

A. alcohol,

B. malt liquors,

C. methylated spirits,

D. mineral waters,

E. soda-water,

F. spirituous liquors, and

G. wine.

ii. Operating,

A. breweries, including distribution, and

B. distilleries, including distribution.

33. Manufacturing,

A. cigarettes,

B. cigars, and

C. tobacco or tobacco products.

34. i. Embossing leather.

ii. Japanning patent leather.

iii. Operating tanneries.

iv. Preparation of furs or hides.

v. Wool pulling.

35. i. Manufacturing,

A. belting,

B. harness,

C. saddlery,

D. trusses, and

E. other goods and products of leather.

ii. Manufacturing,

A. footwear,

B. purses,

C. suitcases,

D. trunks,

E. valises, and

F. whips.

36. Manufacturing,

A. belting,

B. gloves,

C. golf balls,

D. hose,

E. imitation leather,

F. tires,

G. tubing, and

H. other goods and products of rubber.

37. i. Manufacturing,

A. bags,

B. binder twine,

C. blankets,

D. braids,

E. canvas,

F. carpets,

G. cloth,

H. cordage,

I. cotton waste,

J. fabrics,

K. felt,

L. felt hats,

M. fibre or asbestos goods,

N. haircloth or goods,

O. hosiery,

P. manila or hemp goods or manila or hemp products,

Q. ropes,

R. rugs,

S. shoddy,

T. shoe laces,

U. textiles,

V. thread, and

W. yarn.

ii. Bleaching, dyeing or finishing fabrics.

iii. Operating,

A. flax-mills, and

B. weaving mills.

iv. Knitting and spinning.

v. Wool scouring.

38. i. Manufacturing,

A. articles from leather or fabric,

B. artificial Christmas trees,

C. artificial feathers and artificial flowers,

D. awnings, canvas goods, tarpaulins or tents,

E. caps,

F. clothing pads,

G. collars,

H. corsets,

I. embroidery,

J. furs,

K. gloves,

L. hats, other than felt,

M. labels or crests,

N. lamp shades, including assembling electric lamps,

O. men’s clothing,

P. mittens,

Q. neck ties,

R. quilts,

S. robes,

T. shirts,

U. stuffed dolls,

V. white wear,

W. window drapes,

X. window shades, and

Y. women’s clothing.

ii. Covering umbrellas.

39. i. Printing and publishing, including job work.

ii. Publishing.

40. i. Manufacturing,

A. cardboard boxes,

B. jewellery cases,

C. paper bags or other articles of paper,

D. papier-mâché articles,

E. playing cards, including printing,

F. stationery, and

G. wallpaper.

ii. Blueprinting.

iii. Book binding.

iv. Coating and finishing of paper.

v. Embossing.

vi. Engraving or photoengraving, not including printing.

vii. Job printing.

viii. Lithographing, including mounting and finishing.

ix. Multigraphing.

x. Multilithing.

xi. Operating tape-setting foundries and tape foundries.

xii. Paper oiling and paper waxing.

xiii. Printing and gumming paper tape.

xiv. Silk screen printing.

xv. Steel plate bank note engraving and printing.

xvi. Stereotyping and electrotyping.

41. i. Manufacture and erection of signs.

ii. Sign painting or lettering.

42. Mixing and delivering ready-mixed concrete.

43. i. Manufacturing artificial ice, including handling and delivering.

ii. Cutting, storing, handling and delivering natural ice.

44. Manufacturing,

A. asphalt, and

B. paving material.

Class E — Transportation and Storage

1. Hauling or loading logs on cars, trucks or vessels.

2. Operating grain elevators.

3. i. Carting, teaming and trucking.

ii. Loading or unloading cars or other vehicles.

iii. Stevedoring.

iv. Operation of aeroplanes, airships or other flying machines.

v. Operations of forwarding companies or persons engaged in the business of transportation by canoes, scows or sleighs.

vi. Operation of wharves or work upon wharves.

vii. Sanding streets or roads.

viii. Scavengering.

ix. Street cleaning or removal of snow or ice.

x. Warehousing or storage, with carting, teaming or trucking.

xi. Warehousing or storage, without carting, teaming or trucking.

xii. Business of supplying truck drivers.

xiii. Conveying passengers by automobile or trolley coach.

xiv. Operating a taxicab business.

4. Operation of railways, not included in Schedule 2.

Class F — Retail and Wholesale Trades

1. i. Operation of the business of selling, servicing or repairing machinery and equipment with its warehousing or distributing.

ii. Operation of the business of selling, renting, servicing or repairing boats, outboard motors and related equipment with its warehousing or distributing.

iii. Operation of marinas and boat rentals.

2. i. Automobile slip-cover installation.

ii. Operating,

A. service stations,

B. garages, and

C. autobody repair shops, including painting or trimming vehicles, other than by the manufacturer.

iii. Salvaging automobile parts.

iv. Wrecking automobiles.

v. New and used automobile-sales business.

vi. New and used trailer sales or rental business.

vii. Operating auto rental agencies.

viii. Operating auto laundries.

ix. Auto and marine upholstering.

3. Operation of tire sales and tire service business.

4. i. Transmitting and distributing gasoline, petroleum and petroleum products.

ii. Distributing and transmitting propane gas.

iii. Distributing and transmitting bulk acids.

5. i. Warehousing or handling of grain.

ii. Seed cleaning, as part of a country grain elevator service.

iii. Buying and selling, with handling, of seed, feed, flour and grain.

6. i. Distribution of brewery or distillery products.

ii. Brewers’ warehouses, including distribution.

7. Buying and selling, with handling, of,

A. builders’ supplies,

B. coal,

C. ice,

D. lumber,

E. metals other than scrap metals,

F. scrap metals, other than motor vehicles,

G. second hand materials, and

H. wood.

8. Picture framing.

9. Operation of a wholesale mercantile business.

10. Operation of a retail mercantile business.

Class G — Construction

1. Construction and repair of dams, camps, buildings and roads.

2. Erecting wire fences.

3. i. Construction of,

A. airports,

B. bridges,

C. culverts or small bridges,

D. high rise concrete forming,

E. roads,

F. sewers,

G. sidewalks, and

H. waterworks systems, including operation and maintenance.

ii. Blasting work.

iii. Bulldozer operations.

iv. Business of,

A. land clearing or land cleaning,

B. stumping or grubbing, and

C. rental and operation of construction equipment or machinery with operator.

v. Excavating.

vi. Laying of mains and connections.

vii. Pipe-line construction.

viii. Shaftsinking, not related to mining.

ix. Trenching.

x. Tunnelling.

xi. Test boring and earth sampling.

xii. Installation or erection of reinforcing steel.

xiii. Subway construction.

4. i. Erection of,

A. prefabricated structural steel or concrete by a manufacturer, a general contractor or as a business,

B. steel bridges or prefabricated concrete bridges by the manufacturer or as a business.

ii. Erection, installation and repair of,

A. chimneys,

B. fire escapes,

C. stacks (high metal),

D. stand pipes,

E. water towers, and

F. windmills.

iii. Erection, installation and repair, by the manufacturer or as a business, of,

A. boilers,

B. engines,

C. heavy machinery,

D. iron stairs,

E. ornamental metal work on buildings, and

F. tanks.

iv. Wrecking of machinery.

v. Gas welding or electric welding.

vi. Operating blacksmith shops.

5. i. Construction of,

A. breakwaters,

B. canals,

C. dams,

D. dry docks,

E. harbour improvements,

F. piers,

G. railways not included in Schedule 2, not including bridge construction, and

H. wharves.

ii. Canal or dam maintenance.

iii. Dredging.

iv. Pile driving.

v. Sand sucking.

vi. Subaqueous construction.

vii. Diving.

viii. Caisson work.

6. i. Construction or erection of,

A. blast furnaces,

B. chimney stacks,

C. coke ovens,

D. filtration plants,

E. grain elevators,

F. power plants,

G. pulp mills,

H. pumping stations,

I. sewage disposal plants, and

J. other high structures.

ii. Bricklaying.

iii. Cement work or concrete work.

iv. Construction of buildings or construction in respect of buildings.

v. Moving of houses or other buildings.

vi. Lathing.

vii. Mason work.

viii. Plastering.

ix. Pointing.

x. Roofing.

xi. Sand blasting.

xii. Steam cleaning of buildings.

xiii. Stone setting.

xiv. Structural carpentry.

xv. Window cleaning.

xvi. Wrecking of buildings by a general contractor or as a business.

xvii. Business of supplying labour for the wrecking of buildings.

7. i. Installation of,

A. lighting fixtures, and

B. marble, mosaic or tile in interior of buildings.

ii. Electric wiring of buildings.

iii. Erection of,

A. radio aerials and television aerials, and

B. lightning rods.

iv. Floor laying.

v. Gas fitting or steam fitting.

vi. Plumbing, heating or sanitary engineering.

vii. Sheet-metal work.

viii. Inspection or testing of construction projects and operating installations.

ix. Inspection by radiation devices.

8. i. Caulking.

ii. Glazing or installation of plate glass or leaded glass.

iii. Installation, including sale of,

A. air conditioning,

B. commercial refrigeration,

C. furnaces, oil burners and other heating appliances,

D. metal ceiling, metal siding and other metal sheets, and

E. metal window frames, metal screens, metal doors and metal awnings.

iv. Insulating, including pipe covering.

v. Painting or decorating.

vi. Steeple-jack work.

vii. Weather stripping.

Class H — Government and Related Services

1. Distributing and transmitting natural gas.

2. i. Construction, installation or operation of,

A. electric power lines, and

B. electric power-transmission lines, not included in Schedule 2.

ii. Construction or operation when performed as part of the business of,

A. electric-light systems,

B. electric-light works, and

C. electric power plants, not included in Schedule 2.

iii. Construction, installation or maintenance of telephone or telegraph lines and works as a business.

iv. Construction, installation or maintenance of cable television lines and works as a business.

3. Operation of hospitals, regional and independent schools of nursing financed through public hospitals, sanatoria, convalescent homes, long-term care homes and visiting nursing associations.

4. Operation of medical research laboratories, including inspecting or testing.

Class I — Other Services

1. Mining consultants, mining engineers, mining geologists, mining geochemists, mining geophysicists.

2. Photographic finishing.

3. i. Photostatting.

ii. Mimeographing.

4. Operating parking stations or parking lots.

5. Steam-cleaning other than buildings.

6. i. Bleaching, dyeing or cleaning.

ii. Operating laundries.

iii. Pressing.

iv. Towel and toilet supply business.

7. Advertising display work.

8. i. Operation of the business of renting machinery and equipment with its warehousing or distributing, excluding boats, outboard motors and related equipment.

ii. Operation of the business of servicing or repairing electric motors, machinery and equipment, excluding boats, outboard motors and related equipment.

9. Business of supplying labour other than clerical.

10. Operation of a telephone or telegraph service, not included in Schedule 2, including construction, installation or maintenance of telephone or telegraph lines and works when performed as part of the business of a telephone or telegraph service.

11. Operation of a cable television service, including construction, installation or maintenance of cable television lines and works when performed as part of the business of a cable television service.

12. Operation of hotels, motels, cottage sites, camp sites and trailer sites, where not operated in or for another industry included in this Schedule or Schedule 2.

13. i. Operation of an office building whether operated as a business or by the operator for own use.

ii. Building caretaking and janitorial service as a business.

14. Operation of a building rented wholly or partly for manufacturing, retailing, wholesaling or warehousing.

15. Operation of a restaurant business, where not operated in or for another industry included in this Schedule or Schedule 2.

16. Catering, including the operation of boarding cars, canteens and commissary work.

17. Catering by or in connection with the logging industry or its contractors.

18. Operation of theatres and places for exhibition of moving pictures or television.

19. Business of supplying clerical employees and business of accountants, architects, drafters or engineers.

20. Operation of an apartment building.

21. Packaging as a business.

22. Paper pattern making.

23. Commissionaires.

24. Security guards.

25. Land surveying.

26. Operation of research laboratories, including inspecting or testing (other than medical).

27. Full-time domestics.

O. Reg. 175/98, Sched. 1; O. Reg. 551/05, s. 1; O. Reg. 80/10, s. 1.

SCHEDULE 2
INDUSTRIES THE EMPLOYERS IN WHICH ARE INDIVIDUALLY LIABLE TO PAY BENEFITS UNDER THE INSURANCE PLAN

1. Any trade or business within the meaning of section 68 of the Act.

2. The construction or operation of railways operated by steam, electric or other motive power, street railways and incline railways, but not their construction when constructed by any person other than the company that owns or operates the railway.

3. The construction or operation of car shops, machine shops, steam plants and power plants and other works for the purposes of any railway mentioned in paragraph 2 or used or to be used in connection with it when constructed or operated by the company that owns or operates the railway.

4. The construction or operation of telephone lines and works within the legislative authority of the Parliament of Canada, for the purposes of the business of a telephone company or used or to be used in connection with its business when constructed or operated by the company.

5. The construction or operation of telegraph lines and works for the purpose of the business of a telegraph company or used or to be used in connection with its business when constructed or operated by the company.

6. The construction or operation of boats, ships, vessels and works for the purposes of the business of a navigation company, corporation or person carrying on a navigation business or used or to be used in connection with the business when constructed or operated by the company, corporation or person, and all other navigation, towing and marine wrecking carried on as a business.

7. The operation of the business of an express company that operates on or in conjunction with a railway, or of sleeping cars, parlour cars or dining cars, whether operated by the railway company or by an express, sleeping car, parlour car or dining car company.

8. The construction or operation of a bridge connecting Ontario with an adjacent province or state, but not its construction when constructed by any person or company other than the person or company owning or operating the bridge.

9. Any employment by or under the Crown in right of Ontario and any employment by a permanent board or commission appointed by the Crown in right of Ontario.

10. An airline that has a regularly scheduled international passenger service and works constructed or operated by the airline and used or intended to be used for or in connection with the business of the airline.

11. Revoked: O. Reg. 444/01, s. 2.

12. Revoked: O. Reg. 444/01, s. 2.

13. The implementation, administration and enforcement of electrical safety standards by a corporation without share capital whose members include persons who may only be admitted as members with the prior approval of a Minister of the Crown in right of Ontario.

14. The regulation of the electricity market carried out by a corporation without share capital the members of whose Board of Directors, with the exception of the chief executive officer, are appointed by a Minister of the Crown in right of Ontario.

O. Reg. 175/98, Sched. 2; O. Reg. 561/99, s. 2; O. Reg. 444/01, s. 2.

SCHEDULE 3
OCCUPATIONAL DISEASES

 

Column 1

Column 2

 

Description of Disease

Process

 

Poisoning and its Sequelae

 

1.

By arsenic

Any process involving exposure to or the use of arsenic, arsenic preparations or arsenic compounds

2.

By benzene

Any process involving exposure to or the use of benzene

3.

By beryllium

Any process involving exposure to or the use of beryllium, beryllium preparations or beryllium compounds

4.

By brass, nickel or zinc

Any melting or smelting process involving exposure to brass, nickel or zinc

5.

By cadmium

Any process involving exposure to or the use of cadmium, cadmium preparations or cadmium compounds

6.

By carbon dioxide

Any process involving exposure to carbon dioxide

7.

By carbon disulphide

Any process involving exposure to carbon disulphide

8.

By carbon monoxide

Any process involving exposure to carbon monoxide

9.

By chlorinated hydrocarbons

Any process in the manufacture of, or the use of, or involving exposure to chlorinated hydrocarbons

10.

By chromium

Any process involving exposure to or the use of chromium or chromium compounds

11.

By lead

Any process involving exposure to or the use of lead, lead preparations or lead compounds

12.

By mercury

Any process involving exposure to or the use of mercury, mercury preparations or mercury compounds

13.

By nitro- or amino- derivatives of benzene, phenol or their homologues

Any process involving manufacture, handling, use or exposure to nitro- or amino- derivatives of benzene, phenol or their homologues

14.

By oxides of nitrogen

Any process involving exposure to oxides of nitrogen

15.

By phosphorous

Any process involving exposure to or the use of phosphorus

 

Diseases from Biological Agents

 

16.

Anthrax

Handling of animals and animal parts, or any other process that results in exposure to a source of anthrax infection

17.

Tuberculosis

Any employment in a health care facility, a laboratory as defined in the Laboratory and Specimen Collection Centre Licensing Act or a reform institution, any employment in providing health care services or health care support services or any other employment in which there is a known risk of exposure to tuberculosis or to the tubercle bacillus

 

Diseases from Physical Agents

 

18.

Bursitis

Any process involving constant or prolonged friction to or pressure on the bursae

19.

Infected blisters

Any process involving friction to the skin that creates opportunity for infection

20.

Tenosynovitis

Any process involving continual or repetitive injury to tendons of the limbs

21.

Dysbarism: decompression sickness including caisson disease

Any process involving work in compressed or decompressed air

22.

Any disease due to exposure to X-rays, radium or other radioactive substances

 
 

Respiratory Diseases

 

23.

Asthma

Any process involving exposure to allergenic non-offset sprays in the printing industry

24.

Silicosis

Any process involving exposure to crystalline silica

25.

Pneumoconioses other than silicosis or asbestosis

Any process involving exposure to the relevant dust

 

Skin and Eye Diseases

 

26.

Allergic contact dermatitis

Any process involving exposure to a skin allergen

27.

Ulceration of the skin or cornea

Any process involving use, handling, or exposure to tar, pitch, bitumen, mineral oil or paraffin or any compound, product or residue of these substances

28.

Photo keratoconjunctivitis and photo retinitis

Any process involving prolonged or intense ultra-violet or infra-red exposure, including gas or arc welding or use of lasers

 

Cancer

 

29.

Epitheliomatous (skin) cancer

Any process involving use or handling of tar pitch, bitumen, mineral oil or paraffin or any compound, product or residue of these substances

30.

Primary cancer of the nasal cavities or of paranasal sinuses

Concentrating, smelting or refining in the nickel producing industry

O. Reg. 444/01, s. 3.

SCHEDULE 4
OCCUPATIONAL DISEASES (DEEMED UNDER SUBSECTION 15 (4) OF THE ACT)

 

Column 1

Column 2

 

Description of Disease

Process

1.

Asbestosis

Any mining, milling, manufacturing, assembling, construction, repair, alteration, maintenance or demolition process involving the generation of airborne asbestos fibres

2.

Primary malignant neoplasm of the mesothelium of the pleura of peritoneum

Any mining, milling, manufacturing, assembling, construction, repair, alteration, maintenance or demolition process involving the generation of airborne asbestos fibres

3.

Primary cancer of the nasal cavities or of paranasal sinuses

Any process at the Copper Cliff sinter plant of Inco Limited

4.

Primary cancer of the nasal cavities or of paranasal sinuses

Any process in the Port Colborne leaching, calcining and sintering department of Inco Limited that was practised before January 1, 1966

O. Reg. 175/98, Sched. 4.