Uranium Mines (Ontario) Occupational Health and Safety Regulations

Contents

Whereas Part IV of the Canada Labour Code applies, subject to any other Act of the Parliament of Canada and any regulations thereunder,(a) to and in respect of employment upon or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in the Yukon Territory or Northwest Territories; and(b) to and in respect of employment by a corporation established to perform any function or duty on behalf of the Government of Canada other than a corporation that is a department under the Financial Administration Act;Whereas the provisions of Part IV of the Canada Labour Code and the regulations thereunder, in their application to uranium mines in the Province of Ontario, are not uniform with the provisions of the laws of the Province of Ontario that govern occupational health and safety in other mines in that province;And Whereas the Atomic Energy Control Board, after consultation with representatives of industry, labour and government, pursuant to section 9 of the Atomic Energy Control Act, made the annexed Regulations respecting occupational health and safety in uranium mines in the Province of Ontario for the purpose of establishing uniformity in the laws governing occupational health and safety in mines, including uranium mines, in the Province of Ontario.Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to section 9 of the Atomic Energy Control Act, is pleased hereby to approve the annexed Regulations respecting occupational health and safety in uranium mines in the Province of Ontario made by the Atomic Energy Control Board on March 19, 1984, effective July 1, 1984.

Short Title

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These Regulations may be cited as the Uranium Mines (Ontario) Occupational Health and Safety Regulations.

Interpretation

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In these Regulations,

Act means the Occupational Health and Safety Act, Revised Statutes of Ontario, 1980, chapter 321, as that Act read on March 19, 1984, as amended by any enactment set out in Schedule III; (Loi)

constructor means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer; (constructeur)

Director means an inspector who is appointed under the Act as a Director of the Occupational Health and Safety Division of the Ministry of Labour of Ontario; (directeur)

employer means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services; (employeur)

engineer of the Ministry means a person who is employed by the Ministry of Labour of Ontario and who is registered as a professional engineer or licensed as a professional engineer under the Professional Engineers Act of Ontario; (ingénieur du Ministère)

health and safety representative means a health and safety representative selected under the Act; (délégué à la santé et la sécurité au travail)

inspector means an inspector appointed for the purposes of the Act and includes a Director; (inspecteur)

licensee means any person to whom a licence has been issued pursuant to the Atomic Energy Control Regulations to operate a uranium mining facility; (titulaire de permis)

medical officer of health means a medical officer of health as defined in section 1 of the Health Protection and Promotion Act, 1983, Statutes of Ontario, 1983, chapter 10; (médecin-hygiéniste)

officer means

(a)the Minister of Labour of the Province of Ontario,

(b)the Deputy Minister of Labour of the Province of Ontario,

(c)a Director,

(d)an inspector,

(e)an engineer of the Ministry,

(f)a medical officer of health, and

(g)any lawfully authorized and appointed delegate of a person referred to in paragraphs (a) to (c); (fonctionnaire)

owner includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a work place, and a person who acts for or on behalf of an owner as his agent or delegate; (propriétaire)

project means a construction project, whether public or private, including,

(a)the construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof,

(b)mining development,

(c)the moving of a building or structure, and

(d)any work or undertaking, or any lands or appurtenances used in connection with construction; (ouvrage)

regulation means

(a)a regulation made under the Act and in force on March 19, 1984, as amended by a regulation set out in Schedule II, and

(b)a regulation set out in Schedule I; (règlement)

supervisor means a person who has charge of a work place or authority over a worker; (surveillant)

supplier means a person described in section 19 of the Act; (fournisseur)

uranium mining facility means

(a)a uranium mine,

(b)a uranium mill,

(c)a site at which more than 10 kg of uranium is removed in a calendar year from its place of natural deposit for the purpose of uranium recovery or metallurgical testing, or

(d)a site at which excavation is carried out for the purpose of evaluating a uranium ore body,

located in the Province of Ontario and includes any work, undertaking or facility located at such a mine, mill or site and used by or on behalf of a licensee in connection therewith; (installation minière d’uranium)

worker means a person who performs work or supplies services for monetary compensation but does not include

(a)an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program, or

(b)a patient who participates in a work or rehabilitation program in a psychiatric institution, mental health or retardation centre or home, or rehabilitation facility. (travailleur)

^note

Operation of Uranium Mining Facilities

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Every licensee shall operate every uranium mining facility referred to in his licence in compliance with the Act and regulations.

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Every owner of a uranium mining facility and every worker and supervisor employed at a uranium mining facility shall comply with the Act and regulations.

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Every employer of workers employed at a uranium mining facility shall comply with the Act and regulations.

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Every constructor of a uranium mining facility or of a project undertaken at a uranium mining facility shall comply with the Act and regulations.

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Every licensee, constructor, employer, supervisor, owner and worker shall comply with every order or requirement made or given to him by an officer pursuant to these Regulations.

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Every person on the premises of a uranium mining facility and every supplier shall comply with the Act and regulations.

Rights, Powers and Duties

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For the purposes of these Regulations, every owner, worker, supervisor, employer, constructor and health and safety representative is hereby granted or vested with the same rights and powers as are granted to or vested in an owner, worker, supervisor, employer, constructor and health and safety representative, respectively, under the provisions of the Act or regulations.

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(1)Subject to subsection (2), for the purposes of these Regulations, an officer is hereby granted or vested with the same powers and duties as are granted to or vested in such officer under the provisions of the Act or regulations.

(2)For the purposes of determining the powers of an officer that are granted to or vested in that officer under subsection (1), subsection 20(6) of the Act shall be read without reference to the words “and shall have all the powers of a chairman of a board of arbitration under subsection 44(8) of the Labour Relations Act”.

Exceptions

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(1)Subsection 9(1), sections 10 to 12 and subsections 20(10) and 24(2) to (8) of the Act do not apply in respect of the administration or enforcement of these Regulations.

(2)Subsection 28(2) of the Act applies in respect of the administration or enforcement of these Regulations as if the reference therein to “section 142 of the Provincial Offences Act” were read as a reference to “section 443 of the Criminal Code”.

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Part IX of the Act does not apply with respect to a contravention of or failure to comply with these Regulations.

Inconsistent Provisions

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In the event of any inconsistency between these Regulations and the Atomic Energy Control Regulations, the Atomic Energy Control Regulations prevail to the extent of the inconsistency.

Schedule I · (s. 2)

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Regulation respecting benzene, Ontario Regulation 732/84, made under the Act and in force on February 14, 1985, except section 18 thereof.

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Regulation respecting acrylonitrile, Ontario Regulation 733/84, made under the Act and in force on February 14, 1985, except section 18 thereof.

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Regulation respecting asbestos on construction projects and in building and repair operations, Ontario Regulation 654/85, made under the Act and in force on March 14, 1986.

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Regulation respecting control of exposure to biological or chemical agents, Ontario Regulation 654/86, made under the Act and in force on December 6, 1986, except sections 10 to 12 thereof.

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Regulation respecting X-ray safety, Ontario Regulation 632/86, made under the Act and in force on October 30, 1986.

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Regulation made under the Occupational Health and Safety Act Roll-Over Protective Structures, Ontario Regulation 524/88, made under the Act and in force on August 18, 1988.

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Regulation made under the Occupational Health and Safety Act Window Cleaning, Ontario Regulation 527/88, made under the Act and in force on August 18, 1988.

Schedule II · (Section 2)

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Regulation to amend Ontario Regulation 570/82 made under the Occupational Health and Safety Act, Ontario Regulation 655/85, made under the Act and in force on March 14, 1986.

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Sections 10 and 11 of Regulation respecting control of exposure to biological or chemical agents, Ontario Regulation 654/86, made under the Act and in force on December 6, 1986.

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Sections l to 9 of the Regulation to amend certain regulations made under the Occupational Health and Safety Act, Ontario Regulation 23/87, made under the Act and in force on February 21, 1987.

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Regulation to amend Regulation 694 of Revised Regulations of Ontario, 1980 made under the Occupational Health and Safety Act, Ontario Regulation 450/86, made under the Act and in force on August 28, 1986.

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Regulation to amend Regulation 694 of Revised Regulations of Ontario, 1980 made under the Occupational Health and Safety Act, Ontario Regulation 569/86, made under the Act and in force on October 25, 1986.

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Sections 1 to 3 of Regulation to amend Regulation 694 of Revised Regulations of Ontario, 1980 made under the Occupational Health and Safety Act, Ontario Regulation 258/87, made under the Act and in force on June 1, 1987.

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Regulation to amend Regulation 692 of Revised Regulations of Ontario, 1980 made under the Occupational Health and Safety Act, Ontario Regulation 525/88, made under the Act and in force on August 18, 1988.

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Regulation to amend Regulation 694 of Revised Regulations of Ontario, 1980 made under the Occupational Health and Safety Act, Ontario Regulation 526/88, made under the Act and in force on August 18, 1988.

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Regulation to amend Regulation 691 of Revised Regulations of Ontario, 1980 made under the Occupational Health and Safety Act, Ontario Regulation 528/88, made under the Act and in force on August 18, 1988.

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Regulation to amend Ontario Regulation 654/85 made under the Occupational Health and Safety Act, Ontario Regulation 529/88, made under the Act and in force on August 18, 1988.

Schedule III · (Section 2)

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The Occupational Health and Safety Amendment Act, 1987, Statutes of Ontario, 1987, chapter 29.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.