Does O. Reg. 278/05 apply to homeowners in Ottawa?

The short answer is: it depends on your role. O. Reg. 278/05 contains an owner-occupier exemption, but that exemption does not protect every homeowner in every situation.

What the regulation actually says

Section 2(4) of O. Reg. 278/05 says the regulation does not apply to an owner of a private residence occupied by the owner or the owner's family, or to an owner of a residential building of not more than four dwelling units where one unit is occupied by the registered owner or the owner's family. So if you own and live in your Ottawa home, the regulation's duties placed on owners, including the examination and written report requirements, do not apply to you personally.

The exemption stops there, though. Ontario's guide to the regulation is clear that the regulation does apply to constructors, employers and workers engaged in private construction projects and repair or maintenance of such buildings. That means any contractor you hire is bound by the regulation in full, regardless of the exemption that covers you. If the work is Type 3, the contractor must ensure workers have completed the Asbestos Abatement Worker Training Program and supervisors the Asbestos Abatement Supervisor Training Program before work begins, and must notify an inspector at the nearest Ministry of Labour office orally and in writing before starting.

For a rental property, the picture changes. Ontario's guide says the regulation applies to the owner if the tenant is not related to the owner. Read that with section 2(4): The exemption covers a home the owner or their family lives in, and a building of up to four units where the registered owner or family lives in one of them. A landlord who doesn't live in the building, a building of more than four units, and commercial property are not covered.

On the question of whether an owner-occupier can do their own asbestos work, the Occupational Health and Safety Act states at section 3(1) that it does not apply to work performed by the owner or occupant of a private residence. We found no Ontario rule that explicitly prohibits an owner-occupier from doing their own asbestos work. At the same time, Health Canada advises hiring a professional to test before renovating and a qualified asbestos removal specialist if asbestos is found. Ontario Regulation 347 governs asbestos waste disposal and applies to everyone, including owner-occupiers. We found no exemption from section 17 of that regulation for small or homeowner loads, and asbestos waste cannot go out with regular garbage.

Section 30 of the Occupational Health and Safety Act requires a project owner to determine whether designated substances are present and to prepare a list before work is tendered. How section 30 applies to an owner-occupier is not settled. If you are unsure how it applies to your situation, ask the contractor or the Ministry of Labour directly.

We found no City of Ottawa permit for asbestos abatement as such. If your project involves a demolition or building permit, the City's demolition page points to section 30 of the Occupational Health and Safety Act under owner's duties.

If you want to reach Ottawa abatement contractors who work under these rules, the request form on this page sends your details to contractors listed in the Ottawa Construction Network directory.