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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 January 1, 2020 to the e-Laws currency date.

Last amendment: 417/19.

Legislative History: 561/99, 444/01, 336/05, 551/05, 80/10, 470/16 (as am. by 349/17, 417/19), 348/17, 349/17, 417/19.

This Regulation is made in English only.

CONTENTS

 

 

Sections

 

Schedules

2

 

Exclusions for the Purposes of the Insurance Plan

3-5

 

Operations Carried on Partly as a Business

12

 

Speculative Building

13

 

Penalty Amounts

15-15.1

 

Average Earnings of Apprentices, Learners and Students

16

 

Training Agencies

17

 

Rating Schedule

18

 

Posting up Information Regarding Act

19

Schedule 1

Industries

 

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)

 

 

 

 

 

1. Revoked: O. Reg. 470/16, s. 1 and O. Reg. 349/17, s. 1.

Schedules

2. (1) 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. 470/16, s. 2.

(2) Employers in the classes of industries described in Part I of Schedule 1 are included in Schedule 1, unless they are an employer in an industry listed in Part II of Schedule 1. O. Reg. 470/16, s. 2.

(3) Employers in the industries listed in Part II of Schedule 1 are not included in Schedule 1 unless they apply and are deemed to be a Schedule 1 employer under section 74 of the Act. O. Reg. 470/16, s. 2.

(4) The following rules apply with respect to an employer who supplies workers to perform work for another employer on a temporary basis for a fee:

1. If the other employer is in an industry listed in Part I of Schedule 1 and is not in an industry listed in Part II of Schedule 1, the employer who supplies the workers is, in respect of those workers, included in Schedule 1 in the class and subclass, if applicable, of industry that the other employer is included in.

2. If the other employer is in an industry listed in Part II of Schedule 1, the employer who supplies the workers is, in respect of those workers, included in Part I of Schedule 1 in the class and subclass, if applicable, of industry that the other employer would be included in if the industry that the other employer is in were not listed in Part II of Schedule 1.

3. If the other employer is included in Schedule 2, the employer who supplies the workers is, in respect of those workers, included in Part I of Schedule 1 in the class and subclass, if applicable, of industry that the other employer would be included in if the other employer were not included in Schedule 2. O. Reg. 470/16, s. 2.

Exclusions for the Purposes of the Insurance Plan

3. For the purposes of the insurance plan, the following trades, employments, occupations, callings, avocations and services are excluded from the industry that they would otherwise be included in:

1. Foreign diplomat.

2. Competitor in individual or team sports.

3. Stunt performer.

4. Circus performer. O. Reg. 470/16, s. 2.

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.

6.-11. Revoked: O. Reg. 470/16, s. 3 and O. Reg. 349/17, 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.

14. Revoked: O. Reg. 470/16, s. 3 and O. Reg. 349/17, s. 1.

Penalty Amounts

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

(a) $250; or

(b) if the employer’s failure to notify the Board as required exceeds 30 days in duration, $1,000. O. Reg. 470/16, s. 4.

15.1 (1) The amount under subsection 22.1 (3) of the Act that an employer shall pay is,

(a) $5,000 for each of the first, second and third contraventions that the Board determines occurred;

(b) $7,500 for each of the fourth, fifth and sixth contraventions that the Board determines occurred; and

(c) $10,000 for each subsequent contravention that that Board determines occurred. O. Reg. 470/16, s. 4.

(2) If an employer has not been found to have contravened subsection 22.1 (1) of the Act during a five year period, the first contravention that the Board determines occurred after that period is the first contravention for the purposes of subsection (1). O. Reg. 470/16, s. 4.

(3) If the Board determines that the amount of a penalty that an employer is required to pay under subsection (1) is, by its magnitude, punitive in nature having regard to all the circumstances, then the amount under subsection 22.1 (3) of the Act that the employer shall pay is such lower amount as the Board determines is consistent with the purposes of section 22.1 of the Act but is not punitive in nature. O. Reg. 470/16, s. 4.

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

Part I
Classes of Industries

Class A — Agriculture

Industries engaged in growing crops, raising animals, harvesting timber, harvesting fish and providing related support activities.

Class B — Mining, Quarrying and Oil and Gas Extraction

Industries engaged in exploring and extracting naturally occurring minerals, developing mineral properties and mining operations, and contracting to perform work for the mining industry.

Class C — Utilities

Industries engaged in generating, transmitting or distributing utility services such as electricity, natural gas and water.

Class D — Governmental and Related Services

Industries engaged in providing educational services or public administration, and hospitals.

Subclass 1. Educational services.

Subclass 2. Public administration.

Subclass 3. Hospitals.

Class E — Manufacturing

Industries engaged in the chemical, mechanical or physical transformation of materials or substances into new finished or semi-finished products.

Subclass 1. Food, textiles and related manufacturing.

Subclass 2. Non-metallic and mineral manufacturing.

Subclass 3. Printing, petroleum and chemical manufacturing.

Subclass 4. Metal, transportation equipment and furniture manufacturing.

Subclass 5. Machinery, electrical equipment and miscellaneous manufacturing.

Subclass 6. Computer and electronic manufacturing.

Class F — Transportation and Warehousing

Industries engaged in transporting passengers or goods, warehousing or storing goods, and providing services incidental to transportation.

Subclass 1. Rail, water, truck transportation and postal service.

Subclass 2. Air, transit, ground passenger, recreational and pipeline transportation, courier services and warehousing.

Class G — Construction

Industries engaged in building, repairing and renovating buildings and engineering works, and in subdividing and developing land.

Subclass 1. Building construction.

Subclass 2. Infrastructure construction.

Subclass 3. Foundation, structure and building exterior construction.

Subclass 4. Building equipment construction.

Subclass 5. Specialty trades construction.

Class H — Wholesale

Industries engaged in wholesaling merchandise.

Subclass 1. Petroleum, food, motor vehicle and miscellaneous wholesale.

Subclass 2. Personal and household goods, building materials and machinery wholesale.

Class I — Retail

Industries engaged in retailing merchandise.

Subclass 1. Motor vehicles, building materials and food and beverage retail.

Subclass 2. Furniture, home furnishings, clothing and clothing accessories retail.

Subclass 3. Electronics, appliances, health and personal care retail.

Subclass 4. Specialized retail and department stores.

Class J — Information and Culture

Industries engaged in producing information and cultural products.

Class K — Finance, Management and Leasing

Industries engaged in providing financial services, the management of companies and real estate, rental and leasing services.

Class L — Professional, Scientific and Technical

Industries engaged in providing professional, scientific or technical expertise generally requiring post-secondary education.

Class M — Administration, Services to Buildings, Dwellings and Open Spaces

Industries engaged in providing support for the regular operations of other organizations, including corps of commissionaires, services to buildings, dwellings and open spaces, and waste management and remediation services.

Class N — Non-Hospital Health Care and Social Assistance

Industries engaged in providing health care services to ambulatory patients, residential care and supervisory or other types of care as required by residents, and social assistance services to clients.

Subclass 1. Ambulatory health care.

Subclass 2. Nursing and residential care facilities.

Subclass 3. Social assistance.

Class O — Leisure and Hospitality

Industries engaged in providing services to meet the cultural, entertainment and recreational interests of their patrons, including preparing meals, snacks and beverages and providing short-term lodging and complementary services.

Class P — Other Services

Industries engaged in providing any services not included in the industries described in Classes A to O.

Part II
Excluded Industries

Class A — Agriculture

1. Finfish hatcheries.

2. Raising of fingerlings.

3. Fish and shellfish breeding and propagation services.

4. Fishery inspection and protection services.

5. Breeding of animals as pets or for laboratories.

6. Earth worm and silk worm production, and earth worm gathering.

7. Gathering of forest products.

8. Hunting and trapping.

9. Animal husbandry services.

10. Animal semen collection, production and storage.

11. Artificial insemination for animal specialties and livestock.

12. Agricultural embryo transplant services.

13. Farm animal and livestock breeding services.

14. Stud services.

15. Animal vaccination services.

16. Animal judging and pedigree services.

17. Livestock registration services.

18. Sheep dipping and shearing services.

19. Horse training and boarding services, other than for the purpose of horseracing.

20. Cattle dehorning and hoof trimming services.

21. Farriering.

22. Milk testing for butterfat.

23. Poultry farm services, including caponizing, chick sexing, chicken catching, de-beaking and poultry breeding.

24. Tree measuring, timber valuation and timber cruising.

Class C — Utilities

1. Utility agent or broker services.

2. Operation of water collection, treatment and distribution systems for domestic and industrial needs.

3. Operation of sewer systems and sewage treatment facilities for wastewater. 

Class D — Governmental and Related Services

1. All industries in educational services.

2. All industries in public administration.

Class F — Transportation and Warehousing

1. Scenic and sightseeing operations by water that do not serve food or beverages.

2. Private operation and maintenance of non-military airports.

3. Air traffic control.

4. Cleaning of rail cars.

5. Cleaning of railway ballasts.

6. Railway car grain levelling and trimming services.

7. Maintenance of railway rights-of-way and structures.

8. Railway terminal operation.

9. Railway switching services.

10. Marine shipping agencies.

11. Ship piloting and harbour navigational operations.

12. Marine cargo surveying, inspection and weighing services in connection with water transportation.

13. Private operation of a provincial toll road.

14. Customs brokering and clearance.

15. Transport brokering, unless operated in conjunction with freight forwarding, transportation or warehousing.

16. Drive-a-way service for which the driver does not receive remuneration.

Class H — Wholesale

1. Live animal merchant wholesale.

2. Agent or broker services, where the agent or broker does not take title to the goods and does not contract for delivery or transportation of the goods.

Class I — Retail

1. The purchase, hauling, sale and delivery of topsoil as an integrated operation.

2. Party plan merchandising.

Class J — Information and Culture

1. The design and development of computer software for the purpose of mass market reproduction.

2. Motion picture and video production.

3. Motion picture and video production booking agencies.

4. Film, motion picture and video libraries.

5. Record production.

6. Sound recording studios.

7. Studio recording of meetings and conferences.

8. Production of radio programs.

9. Audio book recording.

10. Broadcasting.

11. Web search portals.

12. Data hosting and processing services.

13. News syndicates.

14. Private libraries and archives.

15. News and press clipping services.

16. Stock photo agencies and libraries.

17. Telephone-based recorded information services.

18. Customized research and information services.

19. Closed circuit television services not for security purposes.

20. Paging services.

21. Internet services.

Class K — Finance, Management and Leasing

1. Central banks and monetary authorities.

2. Financial intermediaries, funds and other financial vehicles.

3. Financial investment and related activities.

4. Insurance.

5. Holding companies.

6. Head offices located in Ontario for operations that are otherwise exclusively out-of-province.

7. Renting, buying or selling real estate for others on a fee or commission basis.

8. Leasing of residential and non-residential buildings, without engaging in the operating of the building.

9. Leasing of real property, except for self-serve storage facilities.

10. Operation of arenas, stadiums and other recreational buildings.

11. Property management services.

12. Real estate appraisal services.

13. Escrow agency services.

14. Real estate fiduciaries. 

15. Land agencies.

16. Real estate listing services.

17. Real estate advisory and consulting services.

18. Rental accommodation referral services. 

19. Costume rental for theatrical and staged entertainment.

20. Railway car leasing.

21. Brand name ownership.

22. Intellectual property holding.

23. Selling and leasing of mineral rights.

24. Oil royalty holding.

25. Patent buying and licensing.

26. Patent holding, ownership and leasing.

27. Trademark licensing.

28. Trademark holding, ownership or leasing. 

Class L — Professional, Scientific and Technical

1. Legal services.

2. Interior design.

3. Graphic design.

4. Clothing design.

5. Fashion design.

6. Float design.

7. Set design.

8. Shoe design.

9. Textile design.

10. Video game design and development services.

11. Application software programming services.

12. Computer services.

13. Software services.

14. Computer or data processing facilities management services.

15. Information technology consulting services.

16. Internet page design services.

17. Local area network systems design and integration services.

18. Office automation system design and integration services.

19. Management consulting services.

20. Agrology, agronomy, agricultural, livestock breeding and dairy herd consulting services.

21. Consulting services in the following areas:

i. Aboriginal affairs.

ii. Art.

iii. Audio equipment.

iv. Beer making.

v. Defence.

vi. Economics.

vii. Energy.

viii. Fishing.

ix. Forestry.

x. Health and health risk management.

xi. Import and export trade.

xii. Labour relations.

xiii. Legal information.

xiv. Mine lighting.

xv. Motion picture.

xvi. Occupational health and well-being.

xvii. Paramedical.

xviii. Personal growth.

xix. Professional career advancement.

xx. Radio.

xxi. Security.

xxii. Technical safety.

22. Agriculture research and development laboratories.

23. Experimental farming.

24. Fishery research and development laboratories.

25. Livestock research and development.

26. Veterinary research and development laboratories.

27. Health care research agencies.

28. Advertising and related services, except for display and billboard advertising.

29. Photography.

30. Translation services.

31. Veterinary services.

32. Non-government arbitration and conciliation services.

33. Bankruptcy trustee services.

34. Debt counselling.

35. Electronic communication verification content services.

36. Estate assessment and appraisal.

37. Handwriting expert and analysis services.

38. Home economist services.

39. Monitoring the treatment of laboratory animals.

40. Pipeline and power line inspection or patrol services.

41. Receivership services.

42. Bankruptcy consumer credit referee services.

43. Consumer credit counselling services.

44. Credit repair services.

45. Appraising services, except for insurance or real estate.

46. Jewellery appraisal and evaluation services.

47. Patent broker services.

Class M — Administration, Services to Buildings, Dwellings and Open Spaces

1. Office administrative services.

2. Placement agencies.

3. Custom typing services and document preparation services not offered through a business service centre. 

4. Telephone answering services and call centres.

5. Collection agencies.

6. Credit bureaus.

7. Travel arrangement and reservation services.

8. Investigation services.

9. Extermination and pest control services.

10. Convention and trade show services.

11. Labelling services, except if in conjunction with a packaging service.

12. Tree trimming, tree surgery, tree removal and orchard pruning, except tree work on a power line right-of-way.

13. Auctioneering services.

14. Bartering services.

15. Correct time services.

16. Coupon redemption services.

17. Inventory and record management services.

18. Management and administration of loyalty programs.

19. Registries services.

20. Print brokering.

21. Recruiting medical employees.

22. Recruiting sales employees.

23. Salvaging of damaged merchandise.

24. Styling wigs for the trade.

25. Grading lumber services.

26. Paper shredding without disposal.

27. Contracted permit or license issuing.

28. Court reporting services.

29. Contracted fundraising services.

30. Address bar coding service.

31. Assembling flyers in plastic bags for delivery.

32. Automobile repossession services.

33. Employee relocation services.

34. Mail consolidation and pre-sorting services.

35. Stenography.

36. Part-time personal body guard services provided to a private household.

37. Meter reading services.

Class N — Non-Hospital Health Care and Social Assistance

1. Health care services provided in a private practice, except for in a practice that employs non-ancillary health care workers, or workers to perform laboratory work, or that engages in a retailing activity.

2. Outpatient care centre services and non-institutional health care services that do not involve laboratory or testing work.

3. Residential care facilities operated by a private employer.

4. Group homes.

5. Homes for palliative care.

6. Non-residential individual and family social assistance services.

7. Community food and housing services, including emergency and relief services.

8. Vocational and rehabilitation services.

9. Child day care services.

Class O — Leisure and Hospitality

1. Live theatrical productions, staged entertainment and related activities.

2. Museums and historical sites.

3. Botanical and zoological gardens.

4. Amusement and recreational services, except for the operation of marinas.

5. Art and artisanry, except for the production of ornamental or decorative items individually handcrafted in small quantities of wood, ceramic, clay, glass or wax.

6. Lodging or residences for members only.

Class P — Other Services

1. Personal care services.

2. Funeral services.

3. Dry cleaning depots or services that receive items from the public, which are picked up and delivered by non-associated cleaning firms or their contractors.

4. Pet care services.

5. Bail bonding services.

6. Balloon-o-gram services.

7. Bondspersons services.

8. Bronzing baby shoes.

9. Check room services.

10. Coin operated machines, other than those that dispense food or other retail products, or that provide laundry services.

11. Consumer buying service.

12. Credit card notification services.

13. Dating services.

14. Discount buying services.

15. Social escort services.

16. Onsite do-it-yourself meal preparation.

17. Genealogical services.

18. House sitting services.

19. Identity theft protection services.

20. Marriage bureau.

21. Party and wedding planning or consulting services.

22. Pay telephone equipment concession operations.

23. Personal organizer services.

24. Personal physical fitness training services.

25. Personal shopping services.

26. Porter services.

27. Psychic services.

28. Shared accommodation registry services.

29. Shoeshine services.

30. Singing telegram services.

31. Special occasion greeting services.

32. Wedding chapel services.

33. Membership organizations.

34. Civic and social advocacy organizations.

35. Non-governmental charitable and grant-making organizations.

36. Domestic services provided in foreign government embassies or diplomatic residences located in Ontario.

37. Part-time domestic services.

O. Reg. 417/19, 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

Description of Disease

Column 2

Process

1.

Poisoning and its Sequelae — by arsenic

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

2.

Poisoning and its Sequelae — by benzene

Any process involving exposure to or the use of benzene

3.

Poisoning and its Sequelae — by beryllium

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

4.

Poisoning and its Sequelae — by brass, nickel or zinc

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

5.

Poisoning and its Sequelae — by cadmium

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

6.

Poisoning and its Sequelae — by carbon dioxide

Any process involving exposure to carbon dioxide

7.

Poisoning and its Sequelae — by carbon disulphide

Any process involving exposure to carbon disulphide

8.

Poisoning and its Sequelae — by carbon monoxide

Any process involving exposure to carbon monoxide

9.

Poisoning and its Sequelae — by chlorinated hydrocarbons

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

10.

Poisoning and its Sequelae — by chromium

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

11.

Poisoning and its Sequelae — by lead

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

12.

Poisoning and its Sequelae — by mercury

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

13.

Poisoning and its Sequelae — 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.

Poisoning and its Sequelae — by oxides of nitrogen

Any process involving exposure to oxides of nitrogen

15.

Poisoning and its Sequelae — by phosphorous

Any process involving exposure to or the use of phosphorus

16.

Diseases from Biological Agents — Anthrax

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

17.

Diseases from Biological Agents — 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

18.

Diseases from Physical Agents — Bursitis

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

19.

Diseases from Physical Agents — Infected blisters

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

20.

Diseases from Physical Agents — Tenosynovitis

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

21.

Diseases from Physical Agents — 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

 

23.

Respiratory Diseases — Asthma

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

24.

Respiratory Diseases — Silicosis

Any process involving exposure to crystalline silica

25.

Respiratory Diseases — Pneumoconioses other than silicosis or asbestosis

Any process involving exposure to the relevant dust

26.

Skin and Eye Diseases — Allergic contact dermatitis

Any process involving exposure to a skin allergen

27.

Skin and Eye Diseases — 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.

Skin and Eye Diseases — 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

29.

Cancer — 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.

Cancer — Primary cancer of the nasal cavities or of paranasal sinuses

Concentrating, smelting or refining in the nickel producing industry

O. Reg. 470/16, s. 6.

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.