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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Note: This Regulation was revoked on December 8, 2008.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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