When must a notice of project be filed in Ontario?
Under Ontario's Construction Projects regulation, O. Reg. 213/91, the constructor files a notice of project with the Ministry before beginning work on a project that meets a threshold, such as labour and materials expected to exceed CAD 50,000. The completed notice is posted at the project, or kept there for an inspector.
The thresholds
A notice of project is needed when any one threshold is met, the first of them labour and materials expected to exceed CAD 50,000 outside an automobile factory. Thresholds (reg 6(1)): labour and materials expected to exceed CAD 50,000 (CAD 250,000 in an automobile factory); erecting or structurally altering a building over two storeys or 7.5 metres; demolishing a building at least 4 metres high with at least 30 square metres of floor; a bridge or earth or water retaining structure over 3 metres, or a silo or chimney over 7.5 metres; work in compressed air; a tunnel, caisson, cofferdam or enterable well; an enterable trench over 300 metres long, or over 1.2 metres deep and over 30 metres long; an ice road; or any work the regulation requires an engineer to design.
Filed at the nearest Ministry office or online (reg 6(3)); for work expected to take no more than 14 days, faxed or phoned to an inspector (reg 6(4)); emergency work may start first after telephone or fax notice to an inspector (reg 6(5)).
| Duty | Window and section | If missed |
|---|---|---|
| File a notice of project with the Ministry before beginning work on a project that meets a threshold | none setOHSA s 23(2); reg 6(1)-(5) | an offenceLapsed compliance |
| Keep the completed notice of project posted in a conspicuous place at the project, or available there for an inspector | none setreg 6(6), 19 | an offenceLapsed compliance |
| Complete the approved registration form before beginning work at a project, and as constructor collect every employer's form and keep a copy on site | none setreg 5(1), (2) | an offenceLapsed compliance |
| Keep every record the regulation requires to be available at a project for at least one year after the project is finished | 12 monthsreg 19 | an offenceLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
File a notice of project with the Ministry before beginning work on a project that meets a threshold
OHSA s 23(2); reg 6(1)-(5) · none set · an offence
- Binds the constructor.
- Thresholds (reg 6(1)): labour and materials expected to exceed CAD 50,000 (CAD 250,000 in an automobile factory); erecting or structurally altering a building over two storeys or 7.5 metres; demolishing a building at least 4 metres high with at least 30 square metres of floor; a bridge or earth or water retaining structure over 3 metres, or a silo or chimney over 7.5 metres; work in compressed air; a tunnel, caisson, cofferdam or enterable well; an enterable trench over 300 metres long, or over 1.2 metres deep and over 30 metres long; an ice road; or any work the regulation requires an engineer to design.
- Filed at the nearest Ministry office or online (reg 6(3)); for work expected to take no more than 14 days, faxed or phoned to an inspector (reg 6(4)); emergency work may start first after telephone or fax notice to an inspector (reg 6(5)).
- 'Before beginning work', with no day count, so no window is recorded.
Keep the completed notice of project posted in a conspicuous place at the project, or available there for an inspector
reg 6(6), 19 · none set · an offence
- Binds the constructor.
- A record the regulation requires to be kept available at a project is kept for at least one year after the project is finished (reg 19).
Complete the approved registration form before beginning work at a project, and as constructor collect every employer's form and keep a copy on site
reg 5(1), (2) · none set · an offence
- Binds each constructor and each employer engaged in construction (reg 5(1)); the constructor must get every employer's completed form and keep a copy at the project while that employer works there (reg 5(2)).
- 'Before beginning work', with no day count, so no window is recorded.
Keep every record the regulation requires to be available at a project for at least one year after the project is finished
reg 19 · 12 months · an offence
- Binds the constructor or employer, whichever the requirement names.
Below the thresholds
A project with an enterable trench deeper than the regulation's limit still needs a notice to the Ministry where no notice of project is required; that and the other notices are on other site notices.
What this page is, and is not
It is the section text this library holds for Ontario's Construction Act, R.S.O. 1990, c. C.30 (Ontario), the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (Ontario) and Construction Projects, O. Reg. 213/91 (Ontario), with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Acts, the regulations and the contract you signed.
Demiton does not yet track Ontario projects. These pages set out the duties; the product does not run these checks on an Ontario job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.