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Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999

ONTARIO REGULATION 326/99

Amended to O.Reg. 322/02

GENERAL

Note: This Regulation became spent on June 30, 2006.

Note: This Regulation was revoked on December 8, 2008. See: O.Reg. 433/08, ss.1, 2.

This is the English version of a bilingual regulation.

1.(1)For the purposes of section 2 of the Act, the security posted shall be a letter of guarantee from a bank to which the Bank Act (Canada) applies or a surety bond issued by an insurer licensed under the Insurance Act. O.Reg. 326/99, s.1(1).

(2)The security posted under section 2 of the Act may be used,

(a) to pay a fine under the Act that the contractor is liable for but has not paid, including interest for the late payment of the fine; or

(b) to recover an amount with respect to an Ontario tax that the contractor is liable for but has not paid. O.Reg. 326/99, s.1(2).

2.(1)The Director shall not register a contractor that is a corporation under subsection 2 (2) of the Act unless the contractor provides proof that the net equity of the corporation is at least $20,000. O.Reg. 326/99, s.2(1).

(2)The Director shall not register a contractor that is not a corporation under subsection 2 (3) of the Act unless the contractor provides proof that the contractor’s net equity is at least $10,000. O.Reg. 326/99, s.2(2).

3.(1)The provisions set out in Schedule 1 are prescribed as legislation under which a contractor must be certified, registered, licensed or issued a permit or authorization for the purposes of subsection 5 (1) of the Act. O.Reg. 326/99, s.3(1).

(2)All of the municipalities in Ontario are prescribed for the purposes of subsection 5 (1) of the Act. O.Reg. 326/99, s.3(2).

(3)Section 150 of the Municipal Act, 2001 is prescribed as legislation authorizing by-laws for the purposes of subsection 5 (1) of the Act. O.Reg. 322/02, s.1.

4.The agencies, boards and commissions set out in Schedule 2 are prescribed for the purposes of subsection 7 (2) of the Act. O.Reg. 326/99, s.4.

5.The trades, occupations and construction activities listed in Schedule 3 are prescribed for the purposes of section 10 of the Act. O.Reg. 326/99, s.5.

6.For the purposes of section 11 of the Act,

“aggregates” means sand, earth, gravel, stone, rock, a combination of any of them or one or a combination of any of them mixed with ingredients found in cement or asphalt. O.Reg. 326/99, s.6.

7.The legislation set out in Schedule 4 is prescribed for the purposes of both clauses 16 (5) (b) and (c) of the Act. O.Reg. 326/99, s.7.

8.(1)Every individual who is a person resident in a designated jurisdiction is exempt from the Act if the individual is regularly employed by the Crown in right of Ontario or a municipality, a school board, public hospital, university or college of applied arts and technology or an industrial establishment. O.Reg. 326/99, s.8(1).

(2)Every construction worker who is qualified under the Interprovincial Red Seal Program and who is a person resident in a designated jurisdiction is exempt from subsections 10 (3) and (4) of the Act. O.Reg. 326/99, s.8(2).

(3)Every apprentice registered in Ontario with a valid contract of apprenticeship who is a person resident in a designated jurisdiction is exempt from section 10 of the Act. O.Reg. 326/99, s.8(3).

9.Omitted (provides for coming into force of provisions of this Regulation). O.Reg. 326/99, s.9.

Schedule 1

1. Section 21 of the Employer Health Tax Act.

2. Sections 5 and 6 of Regulation 213/91 under the Occupational Health and Safety Act.

3. Subsections 5 (1) and (1.1) and 39 (3) of the Retail Sales Tax Act.

O.Reg. 326/99, Sched.1.

Schedule 2

Ministry of Agriculture, Food and Rural Affairs

Ontario Food Terminal Board

Ministry of the Attorney General

Assessment Review Board

Board of Negotiations (Expropriations Act)

Criminal Injuries Compensation Board

Ontario Municipal Board

Ministry of Citizenship

Ontario Human Rights Commission

Ministry of Community and Social Services

District social services administration boards

Ministry of Consumer and Business Services

Alcohol and Gaming Commission of Ontario

Board of Funeral Services

Liquor Control Board of Ontario

Ontario Film Review Board

Ontario Lottery and Gaming Corporation

Ontario Racing Commission

Ministry of Correctional Services

Ontario Parole and Earned Release Board

Ministry of Education

Education Quality and Accountability Office

Ontario Parent Council

Provincial Schools Authority

Ministry of Energy, Science and Technology

Ontario Energy Board

Ministry of the Environment

Ontario Clean Water Agency

Ministry of Finance

Deposit Insurance Corporation of Ontario

Financial Services Commission of Ontario

Ontario Electricity Financial Corporation

Ontario Financing Authority

Ontario Securities Commission

Ontario SuperBuild Corporation

Stadium Corporation of Ontario Limited

Ministry of Health and Long-Term Care

Cancer Care Ontario

College of Midwives of Ontario

Community Care Access Centres (CCAC)

Community Advisory Boards — Psychiatric Hospitals

Consent and Capacity Board

District Health Councils

Drug Quality and Therapeutics Committee

Grand River Hospital

Healing Arts Radiation Protection Commission

Health Boards Secretariat

Health Professions Appeal and Review Board

Health Services Appeal and Review Board

Medical Eligibility Committee

Medical Review Committee

Mount Sinai Hospital

North York General Hospital

North York General Hospital CF

Ontario Mental Health Foundation

Ontario Review Board

Regional Cancer Centres

St. Michael’s Hospital

Sunnybrook and Women’s College Health Sciences Centre

Toronto East General Hospital

Toronto Hospital

Wellesley and Central Hospital CF

Ministry of Labour

Crown Employees Grievance Settlement Board

Office of the Employer Advisor

Office of the Worker Advisor

Ontario Labour Relations Board

Pay Equity Hearings Tribunal

Pay Equity Office

Workplace Safety and Insurance Appeals Tribunal

Workplace Safety and Insurance Board

Management Board of Cabinet

Ontario Casino Corporation

Ontario Pension Board

Ontario Realty Corporation

Ministry of Municipal Affairs and Housing

North Pickering Development Corporation

Ontario Housing Corporation

Ontario Mortgage Corporation

Ontario Rental Housing Tribunal

Waterfront Regeneration Trust

Ministry of Natural Resources

Algonquin Forestry Authority

Niagara Escarpment Commission

Ministry of Northern Development and Mines

Ontario Northland Transportation Commission

Ministry of the Solicitor General

Animal Care Review Board

Fire Safety Commission

Ontario Civilian Commission on Police Services

Ontario Police Arbitration Commission

Ministry of Tourism, Culture and Recreation

Art Gallery of Ontario

Conservation Review Board

George R. Gardiner Museum of Ceramic Art

McMichael Canadian Art Collection

Metropolitan Toronto Convention Centre Corporation

Niagara Parks Commission

Ontario Arts Council

Ontario Heritage Foundation

Ontario Library Service — North

Ontario Media Development Corporation

Ontario Place Corporation

Ontario Science Centre

Ontario Tourism Marketing Partnership Corporation

Ontario Trillium Foundation

Ottawa Congress Centre

Royal Botanical Gardens

Royal Ontario Museum

Science North

Southern Ontario Library Service Offices

St. Clair Parks Commission

St. Lawrence Parks Commission

Ministry of Training, Colleges and Universities

Boards of Governors for Colleges of Applied Arts and Technology

Ontario Council of Regents for Colleges of Applied Arts and Technology

Ontario Educational Communications Authority (TVOntario)

Ministry of Transportation

Greater Toronto Transit Authority (GO Transit)

O.Reg. 51/02, s.1.

Schedule 3
TRADES, OCCUPATIONS, CONSTRUCTION ACTIVITIES

Arborist

Assembler

Auto body repairer

Automotive service technician

Boiler inspectors

Boiler driver

Boilermaker

Brick and stone mason

Bricklayer-mason

Carpenter-joiner

Cement finisher

Cement mason (includes Cement finisher)

Chainperson

Clerk

Compressor operator

Construction boilermaker

Construction millwright

Crane operator

Cutter-skidder

Distribution welder

Diver

Domestic appliance technician — natural gas & propane

Domestic appliance technician — recreational vehicles

Driller

Electrician

Electrician — construction and maintenance

Elevating device mechanic

Elevator mechanic

Equipment operator (lines)

Equipment and vehicle operator

Floor covering installer

Gas fitter

Gas pipeline inspector

Gas piping fitter

Gas technician

General carpenter

General helper

General helper (tile setter)

Generator operator

Glazier and metal mechanic

Groundsperson

Heavy duty equipment mechanic

Heavy duty equipment technician

Heavy equipment mechanic

Heavy equipment operator

Heavy equipment serviceman

High pressure welders

Hoisting engineer branches 1 (mobile crane), 2 (boom truck) and 3 (tower crane)

Hoisting equipment operator “A” and “B”

Industrial electrician

Industrial maintenance technician — natural gas & propane

Industrial mechanic millwright

Insulator

Insulator (heat and frost)

Instrument man (surveyor)

Interior systems installer

Internal combustion alternate fuel technician — natural gas or propane or both

Internal combustion alternate fuel technician (industrial vehicle) — natural gas or propane or both

Ironworker

Labourer (pipe-line)

Labourer

Lather (drywall, acoustic and lathing applicator)

Line truck driver

Lineperson (transmission and distribution lines)

Lineworker

Liquid propane fitter

Locksmith

Mechanic (lines)

Millwright

Oil burner technician

Oiler

Oil pipeline inspector

Ornamental ironworker

Painter

Painter decorator (commercial and residential)

Petroleum equipment mechanic (gasoline)

Petroleum equipment mechanic (liquid fuels)

Pipe fitter — specialty of plumber

Pipe fitter — specialty of the fire protection mechanic or pipe fitter — specialty of the sprinkler installer

Pipe fitter — specialty of the heating systems installer

Pipe welder

Pipeline welder

Plasterer

Plumber

Pool and hot tub/spa service technician

Powered lift truck technician

Power lineworker or construction lineworker

Precast concrete erector

Precast concrete finisher

Pressure vessels inspector

Propane cylinder inspector

Propane plant operator

Propane bulk truck operator

Pump and compressor operator

Pump system installer

Recreational vehicles technician

Refrigeration and air conditioning mechanic

Refrigeration mechanic or pipe fitter — specialty of refrigeration

Reinforcing rodworker

Reinforcing steel erector

Resilient flooring layer

Restoration mason

Roofer

Rope puller

Saw filer/fitter

Sheet metal worker

Shotfirer

Shovel operator

Ski lift mechanic

Small engine technician

Splicer

Sprinkler and fire protection installer

Stationary engineer

Stationary or portable mixing plant operator

Steamfitter

Steel erector welder

Stone cutter

Storeperson

Structural steel erector

Surface blaster

“T” lineperson (communication network)

Terrazzo, tile and marble craft

Tile setter

Tinsmith

Tire and body repairperson

Tire wheel and rim mechanic

Trimmer

Truck and coach technician

Truck driver

Truck trailer service technician

Underground worker (miner)

Utility gas: site supervisor

Watchperson

Welder

Welder of regulated pressure equipment

O.Reg. 326/99, Sched.3; O.Reg. 51/02, s.2.

Schedule 4

1. Apprenticeship and Certification Act, 1998.

2. Business Names Act.

3. Employer Health Tax Act.

4. Gasoline Tax Act.

5. Highway Traffic Act.

6. Limited Partnerships Act.

7. Occupational Health and Safety Act.

8. Retail Sales Tax Act.

9. Technical Standards and Safety Act, 2000.

10. Trades Qualification and Apprenticeship Act.

11. Truck Transportation Act.

12. Workplace Safety and Insurance Act, 1997.

O.Reg. 51/02, s.3.

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