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ontario regulation 470/16

made under the

Workplace Safety and Insurance Act, 1997

Made: December 1, 2016
Approved: December 14, 2016
Filed: December 16, 2016
Published on e-Laws: December 16, 2016
Printed in The Ontario Gazette: December 31, 2016

Amending O. Reg. 175/98

(GENERAL)

1. Section 1 of Ontario Regulation 175/98 is revoked.

2. Sections 2 and 3 of the Regulation are revoked and the following substituted:

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.

(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.

(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.

(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.

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.

3. Sections 6 to 11 and 14 of the Regulation are revoked.

4. Section 15 of the Regulation is revoked and the following substituted:

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.

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.

(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).

(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.

5. Schedule 1 to the Regulation is revoked and the following substituted:

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 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 container loading or unloading services.

7. Railway car grain levelling and trimming services.

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

9. Railway terminal operation.

10. Railway switching services.

11. Marine shipping agencies.

12. Ship piloting and harbour navigational operations.

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

14. Private operation of a provincial toll road.

15. Customs brokering and clearance.

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

17. 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. Marine surveyor and ship appraisal services.

40. Monitoring the treatment of laboratory animals.

41. Pipeline and power line inspection or patrol services.

42. Quantity surveyor services.

43. Receivership services.

44. Bankruptcy consumer credit referee services.

45. Consumer credit counselling services.

46. Credit repair services.

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

48. Jewellery appraisal and evaluation services.

49. 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.

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, but not food vending, machines.

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.

6. Schedule 3 to the Regulation is revoked and the following substituted:

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

 

Commencement

7. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1, 2, 3 and 5 come into force on the later of January 1, 2019 and the day this Regulation is filed.

(3) Section 4 comes into force on the later of January 1, 2018 and the day this Regulation is filed.

Made by:

Workplace Safety and Insurance Board:

Diane Weber

Corporate Secretary

Elizabeth Witmer

Chair of the Board

Date made: December 1, 2016