40:1 Bill 36, Radon Awareness and Prevention Act, 2012

Moridi, Reza

Viewing: Original (current version) pdf

Bill 36                                                          2012

An Act to raise awareness about radon, provide for the Ontario Radon Registry and reduce radon levels in dwellings and workplaces

Note: This Act amends the Building Code Act, 1992.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  (1)  In this Act,

“employer” has the same meaning as in the Occupational Health and Safety Act; (“employeur”)

“Minister” means the Minister of Municipal Affairs and Housing or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“normal occupancy area” means any part of a dwelling, public building or workplace where a person is likely to spend more than four hours per day; (“aire normalement occupée”)

“project” has the same meaning as in the Occupational Health and Safety Act; (“chantier”)

“provincially owned dwelling” means a dwelling that is owned by the Province of Ontario; (“logement appartenant à la province”)

“radon measurement specialist” means a person who measures radon levels and meets the qualifications set out in the regulations; (“spécialiste de la mesure du radon”)

“worker” has the same meaning as in the Occupational Health and Safety Act; (“travailleur”)

“workplace” has the same meaning as in the Occupational Health and Safety Act. (“lieu de travail”)

Application to the Crown

   (2)  This Act binds the Crown.

Establishment of Registry

   2.  (1)  The Minister shall establish, maintain and operate a registry known in English as the Ontario Radon Registry and in French as Registre des concentrations de radon en Ontario.

Contents of Registry

   (2)  The Registry shall contain the information provided to it under section 3.

Radon map

   (3)  The operator of the Registry shall create and maintain a map, based on the information contained in the Registry, that illustrates the levels of radon across Ontario.

Same

   (4)  The operator of the Registry shall make the radon map available to a member of the public on request, but shall not disclose personal information except for the purpose of complying with any applicable law.

Duty to provide information

   3.  Any radon measurement specialist or laboratory that analyzes a sample to determine the sample’s radon level shall provide the Ontario Radon Registry with the following information:

    1.  The name and address of the laboratory or radon measurement specialist.

    2.  The name and address of the building or place at which the sample was taken.

    3.  The radon level indicated by the sample.

    4.  Any other information prescribed by the regulations.

Duties of Minister, public education

   4.  (1)  The Minister shall conduct public education programs, and provide the public with information, about the health risks associated with exposure to radon and ways to reduce the risks.

Same re homeowners

   (2)  The Minister shall encourage homeowners to,

  (a)  measure the radon level in the normal occupancy area of their home using a do-it-yourself kit or the services of a radon measurement specialist; and

  (b)  unless otherwise specified by the regulations, take action to reduce the radon level if it exceeds 200 Bq/m3 per year.

Same

   (3)  The Minister may do any of the following for the purposes of subsections (1) and (2):

    1.  Use any type of media.

    2.  Implement a public awareness campaign.

    3.  Partner with not-for-profit organizations.

    4.  Include information in the school curriculum.

    5.  Any other thing that the Minister considers appropriate.

Duties of Minister, provincially owned dwellings

   5.  (1)  Subject to subsection (3), the Minister shall ensure that the radon level in the normal occupancy area of every provincially owned dwelling is measured by a radon measurement specialist,

  (a)  before December 31, 2021; and

  (b)  as frequently thereafter as may be prescribed by the regulations.

Same

   (2)  Unless otherwise specified by the regulations, the Minister shall ensure that reasonable action is taken to reduce the radon level if the measurement performed under subsection (1) indicates that it exceeds 200 Bq/m3 per year.

Same

   (3)  This section only applies with respect to a provincially owned dwelling if the occupier of the dwelling authorizes the radon measurement specialist to enter and take measurements in the dwelling.

Duties of owners of workplaces

   6.  (1)  The owner of an enclosed workplace that is not a project shall ensure that the radon level in the normal occupancy area of the workplace is measured by a radon measurement specialist,

  (a)  before December 31, 2016; and

  (b)  as frequently thereafter as may be prescribed by the regulations.

Same

   (2)  Unless otherwise specified by the regulations, the owner shall ensure that reasonable action is taken to reduce the radon level if the measurement performed under subsection (1) indicates that it exceeds 200 Bq/m3 per year.

Same

   (3)  If applicable, action must be taken under subsection (2) within two years after the day the owner receives the results indicating the radon level in the workplace.

Offence

   7.  (1)  Subject to subsection (2), a person who contravenes a provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both.

Same

   (2)  If a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed upon the corporation is $500,000.

Regulations

   8.  (1)  The Minister may make regulations,

  (a)  prescribing qualifications for the purposes of the definition of “radon measurement specialist” in subsection 1 (1);

  (b)  prescribing information that shall be provided to the Ontario Radon Registry under paragraph 4 of section 3;

   (c)  prescribing how frequently the radon level in provincially owned dwellings and enclosed workplaces must be measured;

  (d)  specifying radon levels for the purposes of clause 4 (2) (b) and subsections 5 (2) and 6 (2).

Same

   (2)  A regulation may establish classes of provincially owned dwellings or enclosed workplaces and may contain different provisions and requirements for different classes.

Same

   (3)  A regulation may incorporate a document or publication made by the Government of Canada as it may be amended from time to time.

Building Code Act, 1992 amendments

   9.  (1)  Subsection 34 (1) of the Building Code Act, 1992 is amended by adding the following paragraph:

3.1.1   requiring any building that will be used as a dwelling to be constructed in a manner and using materials that minimize radon entry and facilitate post-construction radon removal;

   (2)  Section 34 of the Act is amended by adding the following subsection:

Review, standards for radon prevention

   (8)  The Minister shall initiate a review of the building code with reference to requirements relating to radon prevention in dwellings within five years after the day the Radon Awareness and Prevention Act, 2012 comes into force.

Commencement

   10.  This Act comes into force on the day it receives Royal Assent.

Short title

   11.  The short title of this Act is the Radon Awareness and Prevention Act, 2012.

 

EXPLANATORY NOTE

The Bill enacts the Radon Awareness and Prevention Act, 2012 and amends the Building Code Act, 1992 with respect to radon.

The Act provides for the establishment of the Ontario Radon Registry, and requires radon measurement specialists and laboratories to provide the Registry with specified information.

The Minister is required to educate the public about radon, and to encourage homeowners to measure the radon levels in their homes and take remedial action, if necessary.

The Minister is also required to ensure that the radon level in every provincially owned dwelling is measured and that remedial action is taken, if necessary.  Similarly, owners of enclosed workplaces are required to ensure that the radon level in an enclosed workplace is measured and that remedial action is taken, if necessary.

The Building Code Act, 1992 is amended to provide authority for regulations that require dwellings to be constructed in a way that minimizes radon entry and facilitates post-construction radon removal.  The Minister is required to review those requirements within five years after the day the Radon Awareness and Prevention Act, 2012 comes into force.

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