ontario regulation 364/25

made under the

Occupational Health and Safety Act

Made: December 11, 2025
Filed: December 16, 2025
Published on e-Laws: December 16, 2025
Published in The Ontario Gazette: January 3, 2026

HEALTH AND SAFETY MANAGEMENT SYSTEMS AND PROCUREMENT

CONTENTS

 

Definitions

1. In this Regulation,

“Government” means,

(a) the Government of Ontario and the Crown in right of Ontario,

(b) a ministry of the Government of Ontario,

(c) a Crown agency, other than a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, and

(d) any board, commission, authority or unincorporated body of the Crown; (“gouvernement”)

“procurement contract” means a contractual or commercial arrangement for the acquisition by a purchaser of goods or services from a vendor, through purchase or by otherwise conferring value or a benefit on the vendor; (“contrat d’approvisionnement”)

“procurement process” means a process in which a purchaser selects a vendor with which to enter into a procurement contract and includes any pre-qualification process or request for information or eligibility for a vendor of record arrangement; (“processus d’approvisionnement”)

“public sector organization” means,

(a) a municipality within the meaning of the Municipal Act, 2001,

(b) a local board, as defined in subsection 1 (1) of the Municipal Act, 2001,

(c) a board, as defined in subsection 1 (1) of the Education Act,

(d) a post-secondary educational institution in Ontario that receives regular operating funding from the Government,

(e) a hospital within the meaning of the Public Hospitals Act,

(f) a board of health, as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(g) a local housing corporation as defined in section 24 of the Housing Services Act, 2011. (“organisation du secteur public”)

Application

2. This Regulation applies with respect to the following:

1. Procurement processes initiated by or on behalf of the Government or a public sector organization, whether directly or indirectly, seeking a vendor to perform construction work for a project.

2. Procurement contracts entered into by or on behalf of the Government or a public sector organization, whether directly or indirectly, with a vendor to perform construction work for a project.

Equivalency requirement – limit

3. (1) If a health and safety management system accredited by the Chief Prevention Officer under section 7.6.1 of the Act is required as a condition of eligibility for a procurement process or as a condition of a procurement contract, all such Chief Prevention Officer-accredited health and safety management systems are equivalents and shall be treated as such for any purpose related to the procurement process or procurement contract for which they are required only as it relates to construction work.

(2) For the purposes of subsection (1), equivalent treatment includes equivalent treatment with respect to eligibility to bid on or carry out construction work on a project and equivalent treatment for bid evaluation purposes.

Records

4. Any records related to a procurement process or procurement contract must be kept for at least two years from the date the procurement process is initiated or the procurement contract is entered into.

Transition

5. For greater certainty, this Regulation does not apply with respect to procurement processes that were initiated or procurement contracts that were entered into before the day this Regulation came into force.

Commencement

6. This Regulation comes into force on the later of January 1, 2026 and the day this Regulation is filed.