ontario regulation 496/09

made under the

occupational health and safety act

Made: December 9, 2009
Filed: December 16, 2009
Published on e-Laws: December 18, 2009
Printed in The Ontario Gazette: January 2, 2010


Amending Reg. 854 of R.R.O. 1990

(Mines and Mining Plants)

1. Clause 183.1 (4) (a) of Regulation 854 of the Revised Regulations of Ontario, 1990 is amended by striking out “the concentration limits” and substituting “the limits”.

2. (1) Clause 252 (1) (b) of the Regulation is amended by striking out “values” at the end of the portion before subclause (i) and substituting “limits”.

(2) Subclause 252 (1) (b) (ii) of the Regulation is amended by striking out “values” and substituting “limits”.

3. (1) Clause 253 (1) (b) of the Regulation is amended by striking out “values” at the end of the portion before subclause (i) and substituting “limits”.

(2) Subclause 253 (1) (b) (ii) of the Regulation is amended by striking out “values” and substituting “limits”.

4. Clause 254 (1) (b) of the Regulation is revoked and the following substituted:

(b) if Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act applies, a continuous supply of fresh air shall be provided and used to dilute and remove contaminants in a raise, and in a sub-drift for any advance in excess of 10 metres from a mechanical mine ventilation system, to prevent exposure of a worker to contaminants in excess of,

(i) the limits prescribed under section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990, or

(ii) if no limits are prescribed under section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990, the limits adopted as criteria or guides under section 283 of this Regulation.

5. Section 286 of the Regulation is revoked and the following substituted:

286. (1) If Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act applies and a local exhaust ventilation system recirculates air to the workplace, provision shall be made for a make-up air supply system having sufficient volume to keep any contaminants below,

(a) the limits prescribed under section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990; or

(b) if no limits are prescribed under section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990, the limits adopted as criteria or guides under section 283 of this Regulation,

(2) The contaminant level in the recirculated air shall not exceed 20 per cent of the limits described in subsection (1).

6. Clause (c) of the definition of “acceptable atmospheric levels” in section 294 of the Regulation is revoked and the following substituted:

(c) the exposure to atmospheric contaminants does not exceed any applicable limit set out in Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act or Ontario Regulation 490/09 (Designated Substances) made under the Act;

7. Table 1 of the Regulation is revoked.

8. This Regulation comes into force on the later of July 1, 2010 and the day this Regulation is filed.