Change is one of the few constants of our industry. Below are some of the key provincial and federal regulatory highlights contractors performing work in Canada and the below provinces need to know. Click on the boxes below to expand/collapse.

Federal

Enforcement for the federal Electronic Logging Devices (ELD) mandate went into effect on Jan. 1, 2023. If you have commercial or motor vehicles that travel outside the province, ELDs are required. Click here for more information on certified devices, how to get your devices certified and tested, as well as information on your responsibilities as an employer.

Ontario

OHS Act Updates

The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) have updated the Occupational Health and Safety Act. Here are some key updates of note to contractors:

  • Maximum fines have been increased from $100,000 to $1,500,000 for directors or officers of corporations and up to $500,000 for all other individuals.
  • The limitation period of instituting a prosecution has been extended from one to two years.

Click here for more information.

Disconnecting from the Workplace Policy

Employers that have 25 or more employees are required to have a disconnecting from the workplace policy. A copy of this policy, along with any revisions made to the policy need to be communicated to employees within 30 days.

Click here for more information on what needs to be included in the policy and who it applies to.

Electronic Monitoring Policy

Employers with 25 or more employees are now required to have an Electronic Monitoring Policy in place on how an employer is electronically monitoring employees. Even if your company is not electronically monitoring employees, a policy must still be in place.

A copy of the Policy must be provided to employees. Click here for an Electronic Monitoring policy template from FCA International.

Naloxone Kits

The MLITSD have also updated the Occupational Health and Safety Act to require certain workplaces to have naloxone kits and training on how to use them.

Kits must be provided if the employer is aware (or ought to reasonably be aware) of the risk of one of their workers having an opioid overdose.

Employers have until June 1, 2023 to comply with these new requirements.

Click here for more information on the requirements and to learn how to receive a free kit.

Ontario COR Program Updates:

  • COR 2020 standard must now be used for any initial internal audit submissions to the IHSA and for external audits.
  • As of Jan. 1, 2023, all COR internal audit submissions need to be submitted digitally via the AuditSoft tool.

Click here for more information on Ontario’s COR program.

British Columbia

OHS Guideline Updates

Here are a few of OHS Guidelines that were updated in 2022:

  • Anchor point use and selection
  • Lead – health protection
  • Approved respirators
  • Safety headgear

Click here to access the revised guidelines.

Incident Investigation Reports

Incident investigation reports can now be completed online and submitted through your WorkSafeBC account. Click here for more information.

Requirements on Re-Assignment of Refused Work

Updated requirements on re-assignment of refused work: employers are required to notify workers in writing of any unresolved work refusal due to safety concerns. Employers are also required to tell the subsequent worker the specific reasons the first worker felt the task was unsafe. The employer must also explain why the task would not create an undue hazard to their health and safety. Click here for more information.

COR Standard Review

BC’s COR Standard is undergoing review. Click here for more information.

Alberta

Confined Space Remote Monitoring Systems

OHS Alberta has now made an allowance to permit use of confined space remote monitoring systems. This technology can allow workers inside a confined space to be monitored remotely, meaning a tending worker does not have to be physically located at or near the entrance to a confined space. Click here for more information on this allowance.

AB OHS Code Updates

The OHS Code underwent several reviews and changes that will take effect in early 2023. Key changes include:

  • First aid requirements – first aid kits and first aid training must now be in compliance with CSA standards.
  • Requirements to reporting injuries and illnesses to prime contractors.
  • Control of hazardous energy definitions and wording updates.
  • Noise exposure
    • The threshold for conducting noise assessments is now reduced to 82dB.
    • Noise management program needs to be reviewed annually.
    • Fit testing is required for workers who wear hearing protection devices.

Click here for a full list of changes and more information.

AB COR Program Audit Changes
A number of audit-related changes went into effect on Jan. 1, 2023 for Alberta’s COR program. Click here for more information.

Legislation Search Tool

OHS Alberta launched the OHS Legislation search tool to assist with searching for content in OHS legislation.

New Brunswick

Regulatory Amendments

Proposed regulatory amendments are now in process. Click here to review some of the proposed changes expected in 2023.

JHSC Meeting Minutes

WorkSafeNB is currently reviewing the process for submitting Joint Health and Safety Committee (JHSC) meeting minutes.

New Foundland and Labrador

OHS Regulation Amendments

Occupational Health and Safety Regulations were amended to include or clarify the following:

  • Seating provisions for workers who stand for work.
  • Confined space clarifications.
  • Impairment by intoxicating substances.
  • Specifies fall protection equipment that must meet CSA standards.

See pages 475 to 483 (pages 25-33 in the PDF) in this link for more information on the changes.

Nova Scotia

First Aid Kits

First aid kits now need to meet CSA standard requirements. Click here for more information on the changes.

Risk Mapping Tool

The Workers Compensation Board of Nova Scotia released a new risk mapping tool for employers. Click here to access.

Quebec

First Aid Kits

First aid kits now need to meet CSA Standards. Click here for more information.

Temporary Assignments

Contractors offering a worker a temporary assignment must now use the Temporary Assignment Form from the CNESST. With this form, employers are now limited to only providing two assignments. Click here to access the form.

ARIAOD Act Updates

The ARIAOD Act (Act respecting industrial accidents and occupational diseases) was also updated; employers should review the changes to ensure their current return to work program aligns with the latest requirements. Click here to learn more on the changes.

Construction Jobsite Updates

As of Jan. 1, 2023, a number of changes took effect for construction sites, such as the need for a site-specific prevention program, safety committees and/or safety representatives. Click here to learn more about the changes.