Ontario Regulation 278/05: What Homeowners Need to Know Before Any Renovation

If you're planning a renovation, addition, or demolition on a property built before 1990, there's a law you need to understand before the first wall comes down. Ontario Regulation 278/05 — made under the Occupational Health and Safety Act — governs how asbestos-containing materials must be identified, managed, and removed in Ontario. Ignoring it isn't just risky for your health. It creates legal liability and can stop a renovation in its tracks.

What Is Ontario Regulation 278/05?

O. Reg. 278/05 (formally titled Designated Substance — Asbestos on Construction Projects and in Buildings and Repair Operations) sets out the rules for:

• Identifying asbestos-containing materials (ACMs) in a building before any work
• Assessing the type and condition of those materials
• Classifying removal work into Type 1, 2, or 3
• Requiring specific procedures, PPE, containment, and documentation for each type
• Notification to the Ministry of Labour for Type 3 work

The regulation applies to any construction project — renovation, demolition, repair, or maintenance — on a building that may contain asbestos. It applies to employers, contractors, and owners.

Who Does It Apply To?

The regulation covers workplaces and construction projects. For homeowners, the most important practical implication is this: any contractor you hire to work on your property is subject to this regulation. A contractor who disturbs asbestos without proper procedure is violating Ontario law — and you, as the property owner, can be held liable for enabling that violation.

If you hire a general contractor to renovate your basement, and they discover asbestos floor tile and simply proceed without assessment and containment, both they and you are exposed to Ministry of Labour enforcement action.

The O-Form: Your Legal Starting Point

Before work begins on any building that may contain ACMs, a designated substance assessment must be completed. This results in an asbestos report (sometimes called an O-form or designated substance report) that:

• Identifies all ACMs in the work area
• Classifies each material (Type 1, 2, or 3)
• Notes the condition and location of each material
• Provides control measures for work in the area

This report must be provided to any contractor working in the space. It is the legal starting point for any project involving a potentially asbestos-containing building.

The Three Types of Work — Simplified

The regulation classifies asbestos work into three types based on risk level. Understanding these matters because the procedures, costs, and timelines differ significantly:

Type 1 — Minor disturbance of non-friable materials

Involves working with or near intact, non-friable ACMs where fibre release is minimal. Basic PPE, minimal containment. Examples: drilling through asbestos cement board, removing a few intact vinyl tiles.

Type 2 — Removal of non-friable materials

Involves removing or disturbing intact non-friable ACMs, which increases fibre release risk. Requires wet methods, HEPA vacuuming, a negative air enclosure, and proper disposal. Examples: removing textured ceilings, pipe lag in good condition.

Type 3 — Friable asbestos

The highest-risk category. Friable asbestos can be crumbled by hand and releases fibres readily. Requires full enclosure with decontamination chambers, continuous air monitoring, and advance notification to the Ministry of Labour (10 days for most work, 24 hours for emergency situations). Examples: spray-applied fireproofing, deteriorating pipe insulation, loose attic insulation.

Consequences of Non-Compliance

The Ministry of Labour actively enforces O. Reg. 278/05. Consequences for violations include:

• Stop-work orders — your entire project can be shut down immediately
• Fines — up to $100,000 for individuals, $1.5 million for corporations
• Remediation costs — if contamination occurs, you may be required to fund full decontamination of the affected area
• Criminal liability in cases of gross negligence causing bodily harm

Beyond legal consequences, disturbed asbestos without proper containment puts occupants, workers, and neighbours at risk of mesothelioma and other asbestos-related diseases — illnesses that may not appear for 20–40 years.

What Homeowners Should Do

If your home was built before 1990 and you're planning any renovation or demolition work:

• Have the work area assessed for ACMs before any demo work begins
• Share the assessment report with every contractor working on site
• Ensure any asbestos removal is performed by a licensed, properly insured abatement contractor
• Get air clearance testing after Type 2 or 3 removal — don't skip this step

At Green Life Restoration Services, we handle the assessment, abatement, and clearance testing as a complete package — so you're compliant at every stage. Get in touch for a free assessment before your next renovation.