If you are planning a renovation, tenant fit-up or demolition in Ontario, you will likely need a designated substance survey (DSS) before the work goes to tender. Here is why, and what to expect.
What the law requires
Under Ontario’s Occupational Health and Safety Act, the owner of a building must determine whether designated substances are present at a project site and prepare a list of them. That list has to be given to prospective contractors as part of the tender, so they can price the work and protect their workers.
Ontario regulates eleven designated substances, including asbestos, lead, mercury, silica, arsenic and benzene. Asbestos also has its own regulation for construction projects and building repairs (O. Reg. 278/05).
Which buildings are affected?
Any building where construction work could disturb materials. Asbestos was widely used in Canadian construction for decades, in insulation, drywall joint compound, plaster, floor tiles, ceiling tiles and roofing. Lead is common in older paint. Silica is present in concrete, masonry and many other materials.
What a good survey includes
- A walk-through of every area affected by the planned work
- Bulk samples of suspect materials, analysed by an accredited laboratory
- The location, condition and approximate quantity of each material
- Photos and drawings that contractors can actually use to price the work
- Other hazardous materials, such as PCBs in lighting ballasts, mercury in thermostats and lamps, and mould
Small renovation? You may still need one
The requirement is not limited to large demolitions. A focused survey of just the work area is often enough for a small project. If the building already has a survey, it can sometimes be reviewed and updated instead of repeated.
After the survey
If hazardous materials will be disturbed, the next steps are usually an abatement specification, a qualified abatement contractor, and independent air monitoring and inspections during the work, followed by clearance before the area is reoccupied.
This article is general information, not legal advice.