MUNICIPALITY OF GREY HIGHLANDS COMMITTEE OF THE WHOLE APRIL 1, 2010 - 10:00 a.m. COUNCIL CHAMBERS AGENDA

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1. CALL TO ORDER 1.1 Chair - Councillor Clarke

2. DISCLOSURE OF PECUNIARY INTEREST

3. OTHER BOARD AND COMMITTEE MINUTES

9-15 3.1 Resolution RESOLVE, That the Committee of the Whole receive the following Board and Committee Minutes for information purposes:

1. Heritage Committee March 10, 2010 2. South Grey Museum January 14, 2010 3. Kimberley Hall Board March 9th, 2010 4. Maxwell Community Centre March 1, 2010

16-21 3.2 Approved Committee of the Whole Minutes of March 15, 2010 - for information purposes 3.3 Business Arising:

4. ANNOUNCEMENTS

5. NOTICE OF MOTION 5.1 Notice RESOLVE, That the following items be added to an agenda for discussion:

6. DELEGATIONS

7. PUBLIC WORKS AND WASTE MANAGEMENT (McQueen)

22 7.1 Calcium Chloride Tender RESOLVE, that the Committee of the Whole receive report PW10 -14 - Calcium Chloride Tender and support the recommendation

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7. PUBLIC WORKS AND WASTE MANAGEMENT (McQueen) and a resolution be presented to Council that the tender for calcium chloride –liquid 35% be awarded to Da Lee Dust Control for 950 cubic meters in the amount of $199.00 per cubic meter for a total cost of $189,050.00, plus GST to be funded from the 2010 Operational Budget. 23 7.2 Brush Cutting Tender RESOLVE, that the Committee of the Whole receive report PW10-15 - Brush Cutting Tender and support the recommendation and a resolution be presented to Council that the tender for Road Side Brush Cutting including traffic control be awarded to Wayne Blackburn Brush Cutting in the amount of $122.40 per hour, plus GST. 24-25 7.3 Maintenance Gravel Tender RESOLVE that the Committee of the Whole receive PW.10-16 - Maintenance Gravel Tender and support the recommendation and a resolution be presented to Council that the tender to supply, haul and apply a total of 52,500 tonnes of 16mm crushed gravel for a total cost of $371,525 plus applicable taxes be awarded to Harold Sutherland Construction Ltd.

The supply of gravel for Artemesia will be coming from Gowanlock and Markdale Pit, Euphrasia will be coming from Holland and Markdale Pit and Osprey from the Gowanlock Pit. Funding for the maintenance gravel shall be from the 2010 Public Works operating budget. 26-27 7.4 Hourly Equipment Rental RESOLVE, that the Committee of the Whole receive report PW 10-18 - Hourly Equipment Rental and support the recommendation and a resolution be presented to Council that the following Equipment Rental Contractors be awarded as follows:

Equipment Contractor Rate With Operator Bulldozer Sutherland $138/hour Y

Compaction Roller Sutherland $65/hour Y

150 hp/plus Best Contracting $85/hour Y Hydraulic Lepard Trucking $89/hour Y Excavator Dale Ottwell $98/hour Y

Under 150hp Darcy Ottwell $83/hour Y Hydraulic Dale Ottwell $88/hour Y Excavator Al Thompson $90/hour Y

Mini Excavator Best Contracting $60/hour Y Dale Ottwell $70/hour Y

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7. PUBLIC WORKS AND WASTE MANAGEMENT (McQueen)

Trim Dozer Darcy Ottwell $62/hour Y Best Contracting $70/hour Y Al Thompson $70/hour Y

Tri-axle Darcy Ottwell $72/hour Y Dump Truck Best Contracting $75/hour Y Sutherlands $75/hour Y

The contractors must be available within 24 hours notice. If the awarded contractor is not available when contacted, then the Municipality reserves the right to contact the next accepted tender. 7.5 Long Term Solid Waste Management Plan (under separate cover)

8. PUBLIC UTILITIES (Clarke)

28-29 8.1 Upgrade to Ilsa St. Well Pump soft start system RESOLVE, That the Committee of the Whole receive Report W&WW10-06 - Upgrade to Ilsa St. Well Pump soft start system and support the recommendation and a resolution be presented to Council to have parts replaced as per quotation from Grey Northern Powerline in the amount of $2,252.50. 30 8.2 Purchase of a Diaphram Pump for pumping thick solids RESOLVE, That the Committee of the Whole receive Report W&WW10-07 - Purchase of a Diaphram Pump for pumping thick solids and support the recommendation and a resolution be presented to Council to purchase a TD4_300 diaphram pump from CRS for a cost of $2,717.00 excluding taxes, which is incorporated in the 2010 Water and Waste Water Budget.

9. FINANCE (Mullin)

31-39 9.1 CoW February 1 - Procurement Policy Regarding Tender Openings - Questions as outlined in the minutes, explanation of purpose of having policy as written. 40-51 9.2 Kimberley Hall Kitchen Renovations - February 12, 2010 Delegation

10. ADMINISTRATION (Mullin)

52-59 10.1 Advertising Analysis for Discussion - Prior reports attached for reference

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10. ADMINISTRATION (Mullin)

10.2 CAO Report - Municipal Property - Roll Number 42 08 180 010-11100 (Old Firehall Flesherton)(under separate cover) 10.3 Terms of Reference - Boards and Committees (As time permits)

11. PROTECTION (Silverton)

11.1 CAO Report - OPP Policing Correspondence (under separate cover)

12. PLANNING (Fawcett)

60-78 12.1 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Lots 8, 9 and 10, Concession 3 SDR (Osprey) 79-94 12.2 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 & 18, Concession 3 NDR (Osprey) 95-106 12.3 PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Concession 10 (Osprey) RESOLVE That the Committee of the Whole receive Planning Report PL.10.18 and the recommendation of the Municipal Planner to support the use of an EIS Checklist for the proposed re-development on the subject lands. And further reslove that the By-law be forwarded to Council for appropriate readings at this time. 107-128 12.4 PL.10.19 - Development Agreement (Petch) - Part of Lots 145 and 146, Concession 1 SWTSR (Flesherton) RESOLVE That Application Z02.2010 be approved and forwarded to Council for first and second reading at this time. And further resolve that third and final readings shall be deferred until the conditions of Consent File B12.2009 have been fulfilled.

13. PARKS, RECREATION AND CULTURE (Risk)

129-131 13.1 Grey Highlands Secondary School - request for use of Flesherton Ball Diamond Resolve, That the Committee of the Whole receive correspondence from Grey Highlands Secondary School for the use of the Flesherton Ball Diamond and a resolution be presented to Council that authorizes Grey Higlands Secondary

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13. PARKS, RECREATION AND CULTURE (Risk) School permission to use the Flesherton Ball Diamond and arena parking lot for the purposes of training/practice during the months of April and May 2010 at no charge. 132-133 13.2 Report CSA10-20 - Salute to Volunteers - Markdale Standard RESOLVE, That the Committee of the Whole receive Report CSA10- 20 –Salute to Volunteers – Markdale Standard Advertisement and support the recommendation and a resolution be presented to Council for placement of a banner ad in the 2010 Salute to Volunteers Insert at a cost of $150.00 (+ GST) to be taken from the 2010 Advertising budget. 134-136 13.3 Report CSA10-21 Pepsi Bottling Group Contract RESOLVE, That the Committee of the Whole receive Report CSA10-21 –Pepsi Bottling Group Contract for discussion purposes and a resolution be presented to Council to maintain the status quo with Pepsi 137-274 13.4 Report CSA10-23 Hazardous Materials Survey Report (Kinplex)

RESOLVE, That the Committee of the Whole receive Report CSA10-23 - Hazardous Materials Survey Report (Kinplex) for information purposes.

275-280 13.5 Report CSA10-03 Addendum 2 TSSA Inspection Report and Orders for Markdale Arena RESOLVE, That the Committee of the Whole receive Report CSA10-03 Addendum 2 TSSA Inspection Report and Orders for Markdale Arena for discussion purposes and support the recommendation and a resolution be presented to Council to obtain quotes for : ______Option #1 Water Tank Relocation ______Option #2 Chiller Relocation 13.6 Kinplex Renovation - Kitchen Design (plans to follow under separate cover) 13.7 CAO Report - Markdale Rotary Park Report (under separate cover)

14. ECONOMIC DEVELOPMENT (Halliday)

15. COMMUNICATIONS

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15. COMMUNICATIONS 281-282 15.1 AMO 1. Urban Symposium April 15 & 16, 2010 2. AMO and Municipalities and Announces 2008 Reconciliation 283-308 15.2 Action Items: 1. Markdale Chamber of Commerce - History Book Request 2. Priceville Annual Village Clean Up Day - Saturday May 1st 2010 - 8:30 a.m.

Information Items: 3. Announcement ending partnership with the Association of Ontario Road Supervisors 4. OGRA - Municipal DataWorks Project 5. County of Grey Delegation Request July 26, 2010 6. BCF-CC Joint Secretariat - Reminder that Building Canada Fund Intake One Projects deadline is March 31, 2010 7. South Grey Museum - Resignation of C. Kirby 8. Invitation to forum on April 22, 2010 on the Impact & Culture of Alcohol Use in Grey & Bruce Counties 9. Nottawasaga Valley Conservation Authority Minutes March 12th, 2010 10. MPAC - Negotiations with the Ontario Public Service Employee Union (OPSEU) 11. OPSEU - Service quality issues at the Municipal Property Assessment Corporation (REVISED) 12. Minimum Maintenance Standards Frequently Asked Questions Winter Patrolling 13. OMAFRA Connects March 2010 - Your Link to Ontario Agriculture For the Region of Grey, Bruce and Dufferin 14. Drinking Water Source Protection (DWSP) Invitation re Draft Proposed Assessment Report 15. Ministry of Community and Social Services - 2010-2011 EnAbling Change Partnership Program 16. Markdale Chamber of Commerce - Strategic Plan For Markdale 309-312 15.3 Resolution circulated from other Municipalities: 1. County of Huron - regarding residential repair or replacement of rural septic systems; 2. County of Huron - regarding adjustments to the Agri-Stability program; 3. Township of Mulmur - Notice of Passage of By-law to Adopt New Official Plan

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15. COMMUNICATIONS 15.4 Requiring Action RESOLVE, That the Committee of the Whole direct the following items be added to the next Council Agenda for necessary action: 15.2.1, 15.2.2

16. MEETING DATES 16.1 Dates 2010-04-12 4:00 p.m. Council 2010-04-19 10:00 a.m. Committee of the Whole (Fawcett) 2010-04-21 1:00 p.m. Committee of Adjustment 2010-04-26 10:00 a.m. Council 2010-05-03 10:00 a.m. Committee of the Whole (Halliday)

17. OTHER BUSINESS

18. CLOSED SESSION 18.1 Closed Session RESOLVE, That Committee of the Whole go into a closed session to discuss an item which relates to: ● Litigation or potential litigation including matters before administrative tribunals, affecting the municipalities or local boards - Simcoe County Road 91; ● Personal matters about an identifiable individual including municipal or local board employees.

Present: Time: ______18.2 Open Session RESOLVE, That Council return to Open Session.

Time:______18.3 Confirmation of Action from Closed Session RESOLVE, That Committee of the Whole confirms the actions of the Closed Session as follows:

19. ADJOURNMENT

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19. ADJOURNMENT 19.1 Adourn RESOLVE, That Committee of the Whole adjourn until the Call of the Chair.

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Municipality of Grey Highlands Heritage Committee Minutes of Meeting, Wednesday 10th March, 2010

At South Grey Museum, Flesherton

1. Attendance: Councillors Manley Risk and Paul McQueen, Jan Trimble (Chair), Dimitri Haritun, Debra Mann, Paul Stimson, Oscar Tyson. On Leave: Dave Wiley Apologies: Sheila Lambrinos.

2. Call to order 7:05 pm.

3. Agenda adopted with correction to the date of the last meeting: McQueen/Risk

4.. Declaration of Pecuniary Interest: None declared.

5.. Minutes accepted with corrections to the spelling of the names Ladema Risk, Norma Williams, Marie Kenwell and Debra Mann, and with the clarification that the Museum Board referred to under Business Arising is the Osprey Museum Board. Moved/seconded Risk,Haritun: Approved

6. Business arising:

Public Meeting re Proposed Development at 103 Toronto St, South: Jan, Oscar and Paul S. visited and photographed the house at this address on 2nd March, and Manley has been able to establish a partial list of probable past owners. A photograph of the house taken in 1909 was found in “Markdale: The Crossroads of Grey.” Paul S. reported on the 8th March public information meeting on the proposed development. Though this was well attended, with many objections to the proposal, nobody had objected to the demolition of this house. The deputy mayor mentioned that the original 1993 plans for the entire subdivision development included the extension of Victoria St. east of Toronto St. and this necessarily entailed the demolition of the house, which he referred to as the “Armstrong House.” Paul S. had consulted passages on house design in several local history books, and it was agreed that he should complete an inventory form for consideration at the April meeting.

7. Committee Procedures and Protocols: Jan distributed copies of committee minutes of May 2005, which included our Terms of Reference and Mission Statement. Using this statement and the Guidelines provided by the Municipality, the committee jointly agreed to answers to the questions in the Municipality’s questionnaire about our mandate and working procedures. Jan will forward the completed questionnaire to the Municipality.

8. New Business:

Osprey Early Settlers and Politicians: Dimitri reported on a listing he had completed, after reading a history of the township, of the earliest settlers and those reeves and councilors who had served the growing community for any length of time. Using local maps, he intended to

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Resolution Page 9 of 312

visit the sites of these pioneers to see if any dwelling still existed, with the possibility of including them on the proposed register. The Committee fully supported this approach to identifying sites of cultural and heritage interest.

9. Motion to adjourn 8:36 pm. Moved: Haritun Carried

Next Meeting: Thursday, April 22nd 2010 at 7 pm. at The South Grey Museum

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Resolution Page 10 of 312 Resolution Page 11 of 312 Resolution Page 12 of 312 Resolution Page 13 of 312 MINUTES Kimberley Hall Board Meeting 10.03 5:05pm Tues 9 Mar 2010 Present: Kerry Baskey, Erika Gillis, Bob Gillis, Peter Ferguson KCA Delegate: Denise Hall Advise minute-keeper of any errors or omissions.

Action

10.03.1 Treasurer report: GIC matures Apr 29. Rentals are doing well

Business Arising

09.10.1 MGH has agreed to pay $3,290 for window replacement. KB to send MGH KB letter confirming its contribution to kitchen alterations, and then sign agreements with Kimbergill and other trades.

09.10.4 PF to circulate MGH boards/committees questionnaire; all to read and develop PF responses. We should think especially about the issue of elections, and who All might make a good board member. We will discuss at dinner meeting next month: South Grey Inn, 4:30pm Tues Apr 13. PF 09.12.1 PF to write Suzanne Sopinka.

New Business

10.03.2 PF to forward DH Dec 09 minutes. PF

10.03.3 BG to look into installing steel handrails at north and south end of front BG stoop stairs.

10.03.4 DH to ask Suzanne Sopinka about use of old hall tables for library day. DH

Next meeting: 4:30pm, Tues 13 Apr 2010. South Grey Inn.

Resolution Page 14 of 312 ffimw*R t*mffitriffi*M *mmfrmm

# 408014 GREY Road 4, Maxwell, Chair: Dimitri Haritun Ontario, NOC 1J0 Secretaty: Canie Mclntyre Treasurer: Julia Emonts First Vice Chair: Wayne Wright Second Vice Chair; Delbert Winters Reservations (5{9) 922- 2724 Chair- Fundraising : Dennis Edw ards

Minutes of Meeting: Monday, March lll0 @ 7 p.m., at the Maxwell Community Hall.

Members present: Dimitri Haritun, Manley Risk, Wayne Wright, Delbert Winters, Julia Emonts.

Julia took the minutes in Carrie Mclntyre's absence.

Dimitri called the meeting to order and the Minutes of the February meeting were read. The date for Trivia has been changed from March l3 to March 20/10. Wayne made a motion to accept the minutes as read. 2"0 by Manley.. Carried. Business arising from the minutes; Dimitri has not been able to get his hands on the promissory note, that is in Laura's possession, but is on his to do list. The cleaning and snow removal bill for Wayne for the month of February, plus materials totaled $16l.13 and is to be sent to the municipality. Wayne has not yet had the opportunity to discuss with the Seniors any needs they have for the building, with respect to a Trillium grant application, but will proceed to address on Wednesday, March2ll0. Everything at the hall is o.k. No further maintenance is needed at this time. New Business: $880 taken in for Nov/Dec 2009 for bowling alley. $2160 in total, including this year to date. The bowlers pay $120 in total each bowl night; $80 for hall rental and $20 to each of two pin- setters. The bowlers would like to go 4 nights next year, but try to organize members for teams to determine feasibility. With regards to extending our lease from 2013 to 2076, Council has indicated that we cannot extend the lease to the Seniors, but we are to leave the matter with them. Also, application for a Trillium grant could possibly made through the Council. Dimitri will e-mail Lalra the improvements we would list in a grant application, as well as point out that this list was recorded in the minutes of the Feb l/10 meeting. Questionnaire from meeting held on Feb l6110 at the Flesherton Kinplex, has been discussed and completed it at this meeting successfully. Dimitri will e-mail completed questionnaire to the Clerk's department at the municipality's office. Dennis has completed the liquor license papers for the Trivia night and they have been sent in. Trivia Night plans are coming together nicely. Julia needs some help with the music rounds, but as far as prized, is canvassing to get them in place. Manley will see what he can rustle up in the way of a book or two for prizes. Dennis motioned to adjourn the meeting. Next meeting will be held on April 5'n/10 @7 p.m.@the Maxwell community Hall.

Resolution Page 15 of 312 MUNICIPALITY OF GREY HIGHLANDS COMMITTEE OF THE WHOLE MARCH 15, 2010 - 10:00 a.m. MINUTES

Present: Dave Clarke, Dave Fawcett, Stewart Halliday, Paul McQueen, Brian Mullin, Manley Risk, Lynn Silverton (Chair), and Staff: CAO Dan Best, Clerk Debbie Robertson, Interim Deputy Clerk Deborah Crawford

1. CALL TO ORDER The Chair called the meeting to order at 10:00 a.m. 1.1 Councillor Silverton - Chair

2. DISCLOSURE OF PECUNIARY INTEREST None with the items listed on the agenda.

3. OTHER BOARD AND COMMITTEE MINUTES

3.1 Resolution CoW 10 - 82 Clarke - Fawcett RESOLVE, That the Committee of the Whole receive the following Board and Committee Minutes for information purposes: 1. Maxwell Hall Minutes March 1, 2010 2. Joint Health & Safety Committee November 20, 2009 3. Heritage Committee February 25, 2010 CARRIED. 3.2 Approved Committee of the Whole Minutes of March 1, 2010 - for information purposes A site visit has been completed with staff and the provincial committee for granting funding regarding the Markdale arena. The arena is to be completed by March 31, 2010. 3.3 Business Arising: The Maxwell Hall Board will type all future minutes and will resubmit the minutes of March 1, 2010.

4. ANNOUNCEMENTS The Mayor and Deputy Mayor have received an invitation to a meeting with the County of Grey and the Town of Blue Mountains to discuss Simcoe County Road 91. The date of the meeting is March 15, 2010.

5. NOTICE OF MOTION 5.1 Notice CoW 10 - 83 Fawcett - Clarke RESOLVE, That the following items be added to an agenda for discussion: 1. County Road 91 (McQueen) 2. South Grey Museum - Trillium Grant (Halliday) 3. Grey Bruce Economic Partnership (Halliday) 4. Strategic Plan Markdale Complex (Halliday) 5. Strategic Plan Village of Markdale (Halliday) CARRIED.

6. DELEGATIONS 6.1 10:15 a.m. - Owen Sound Family YMCA - Status of Regional Recreation Centre Gayle Graham, CEO & Evelyn Dean, President of Board of Directors

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Approved Committee of the Whole Minutes of March 15, Page 16 of 312 2010 - for information purposes COMMITTEE OF THE WHOLE - MINUTES MARCH 15, 2010

representing the Owen Sound YMCA provided an update on the status of the proposed new regional recreation centre. They are wishing to partner with the City of Owen Sound and surrounding municipalities to meet the demands of future health & recreational facilities. The cost of the project will be $38 million; with $5 million raised through fund raising projects by the public; $21 million to be received from the provincial government grant funds. The remainder is being requested from the YMCA from surrounding municipalities. Council will be in contact with the YMCA after budget deliberations if any funding will be available for the facility.

7. FINANCE (Mullin) The CSA, Laura Camilleri, was in attendance. 7.1 2010 User Fees & Charges - for discussion only The CSA confirmed that the proposed hall rental 2010 fees & charges for Maxwell Hall includes the cost for the use of the kitchen. The CSA proposed that the 2010 fees and charges for Maxwell Hall should be $170.00 and the proposed Rocklyn Hall fee should be $139.00. Staff were previously directed to compile the 2010 proposed fees and charges to accurately reflect the correct cost of hall rentals and this has been completed. CoW 10 - 84 Halliday - Risk RESOLVE That the Committee of the Whole direct the following changes be made to the 2010 User Fees and Charges By-law prior to the third reading: Maxwell Hall Rate: $160.00 includes GST to Parks & Rec Rocklyn Hall Rate: $130.00 includes GST to Parks & Rec Agriculture Building Fees: 13 cents per square foot LOST The Clerk confirmed that any changes to the proposed 2010 User Fees and Charges By-law that was presented at the public meeting may be made at this time if the fees are lower than originally presented to the public. Any other changes would require a second public meeting.

McQueen - no seconder - Verbal Motion: Request for amendment to the resolution that Osprey Hall will have the same fee rate of $300.00 as the Kinplex and the Complex.

Call to question on the motion by Mayor Mullin.

CoW 10 - 94 Halliday - Mullin RESOLVE That Committee of the Whole direct the following changes be made to the 2010 User Fees and Charges By-law prior to the third reading: Maxwell Hall Rate: $160.00 Rocklyn Hall Rate: $130.00 Agriculture Building Fees: 10 cents/sq foot LOST.

9. PUBLIC WORKS AND WASTE MANAGEMENT (McQueen) The Public Works Superintendent, Chris Cornfield, was in attendance. 8.1 PW10.10 - Free Garbage Day There was discussion on the estimated financial cost for 'free garbage days' and the requirement to meet waste diversion and recycling rates within the Municipality. The Genivar Waste Management final report will be forwarded to Council in the near future for review.

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Approved Committee of the Whole Minutes of March 15, Page 17 of 312 2010 - for information purposes COMMITTEE OF THE WHOLE - MINUTES MARCH 15, 2010

Direction was provided to staff to forward a copy of the advertisement regarding the elimination of 'free garbage days' to the March 22, 2010 Council meeting for information. CoW 10 - 85 Fawcett - Clarke RESOLVE That the Committee of the Whole receive PW10.10 Free Garbage Day at the three Grey Highlands landfill sites and forward a resolution to Council that "free garbage day" will no longer be offered at the landfill sites and an advertisement be placed in local papers advising the public. CARRIED.

10. PUBLIC UTILITIES (Clarke) The Water/Wastewater Superintendent, Shawn Moyer and the Public Works Superintendent, Chris Cornfield, were in attendance. 9.1 W&WW 10-05 Markdale Rotary Park There was discussion on the cost of providing service by municipal staff in preparing the Rotary Park for the 2010 season. At this time, staff time for Rotary Park has not been included in the 2010 budget. It was confirmed that the Public Health Department would provide the water testing for ponds at a cost. The CAO will meet with the Rotary Park members to obtain their input.

Mullin, Halliday - VERBAL MOTION: That the Committee of the Whole provide in the Budget for 2010 silt removal, grass cutting, fill, drain, monitor level and maintenance of the washroom at Rotary Park. Carried.

13. ECONOMIC DEVELOPMENT (Halliday)

10.1 CSA10-19 – Markdale Standard Business Outlook Issue Advertisement CoW 10 - 86 Halliday - Risk RESOLVE THAT Committee receive report CSA10-19 – Markdale Standard Business Outlook Issue Advertisement and given the time-sensitive nature of the response, the Committee supports duplicating the 2009 advertisement to be placed in the 2010 Business Outlook Insert at a cost of $140.00 (+ GST) to be taken from the 2010 Economic Development budget. CARRIED.

14. ADMINISTRATION (Mullin)

11.1 CL.10.12 - 2010 Municipal Election - Municipal VoterView (MVV) Services CoW 10 - 87 Mullin - Fawcett RESOLVE That the Committee of the Whole receive Clerks Report CL.10.12 - 2010 Municipal Election - Municipal VoterView (MVV) Services - for discussion purposes and that a resolution be forwarded to Council to authorize the execution of the Memorandum of Understanding with Comprint Systems Inc. (DataFix) regarding Municipal VoterView (MVV) Services. CARRIED. 11.2 Recess for Lunch

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Approved Committee of the Whole Minutes of March 15, Page 18 of 312 2010 - for information purposes COMMITTEE OF THE WHOLE - MINUTES MARCH 15, 2010

The meeting recessed for lunch at 12:00 p.m.; reconvened at 1:00 p.m. 11.3 CL10.13 - Corporate Policy Re-Numbering System Council will be provided with an index and package of policies once the re-numbering project has been completed. CoW 10 - 88 Mullin - Fawcett RESOLVE That the Committee of the Whole receive Clerk's Report CL.10.13 Corporate Policy Re-Numbering System and direct staff to complete the Corporate Policy Re-Numbering Project by incorporating the current policies into the TOMRMS Record Management System. CARRIED. 11.4 County IT Update - Report to follow under separate cover Report CL.10.14 was provided at the meeting to Council. VERBAL MOTION: RESOLVE That the Committee of the Whole receive Clerk's Report CL.10.14 - County IT Changes for discussion purposes and support the recommendation that staff proceed with obtaining quotes for internet services and a resolution regarding internet services and internet filtering be presented at a Council meeting for approval. Mullin, Clarke - Carried 11.5 OHSC 10.01 - Occupational Health & Safety Policy CoW 10 - 89 Risk - Fawcett RESOLVE That the Committee of the Whole receive Report OHSC 10.01 - Occupational Health & Safety Policy - and that the policy be forwarded to Council for endorsement. CARRIED. 11.6 Maxwell Hall Lease Extension Request - To extend Lease from 2013 to 2016 Direction was provided to staff to advise the Maxwell Hall Board that the lease extension up to 2016 for the Maxwell Hall will not be reviewed until the terms and references project is completed and further that an upcoming Committee of the Whole agenda will review the item of a trillium grant application for the Municipality. The review will include all trillium grant requests, including the Maxwell Hall and the Duncan Community Centre requests, adn the Committee at that time will forward a recommendation regarding the trillium grant. CoW 10 - 90 Halliday - Risk RESOLVE That the Committee of the Whole provide direction to staff to respond to the Maxwell Hall Board regarding the Maxwell Hall Lease Extension Request to 2016. TABLED 11.7 Position Evaluation Committee - Treasurer Job Description CoW 10 - 91 Risk - Halliday RESOLVE, That the Position Evaluation Committee meet on Wednesday, March 17, 2010 at 2:00 p.m. to evaluate the Treasurer position. CARRIED. 11.8 Terms of Reference - Boards and Committees (As time permits)

15. COMMUNICATIONS

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Approved Committee of the Whole Minutes of March 15, Page 19 of 312 2010 - for information purposes COMMITTEE OF THE WHOLE - MINUTES MARCH 15, 2010

12.1 AMO - Federal Budget Bulletin 12.2 Other: 1. 2010 OSUM Conference & Trade Show - May 5 to May 7 2010 2. Drinking Water Source Protection 2010 Bulletin 3. Eugenia District Improvement Committee thank you note 4. Southwest LHIN Highlights February 2010 5. Ministry of Citizenship & Immigration March 2010 Lincoln Alexander Award 6. Markdale Chamber of Commerce - Outdoor Power 7. Nottawasaga Valley Conservation Authority 2010 Municipal Levy 8. Nottawasaga Valley Conservation Authority 2010 Meeting Highlights February 2010 9. Office of the Lieutenant Governor - Order of Ontario 10. Wellington North Showcases 11. United Way of Bruce Grey - AGM March 29, 2010 12. Residents of Argyle Street regarding concerns of Chapman's plant 12.3 BDO Correspondence regarding Everus Communications Inc. CoW 10 - 92 Fawcett - Risk RESOLVE, That Committee of the Whole receives the correspondence from BDO regarding Everus Communications Inc. Agreement between Grey Highlands and Everus dated March 31, 2008, and further, That a resolution be approved at Council to consent to the Initial Assignment, the Subsequent Assignment and the Amendment. CARRIED. 12.4 Requiring Action Actions Required from Item 12 - Communications:

1. The Markdale AG Society request for outdoor power is to be forwarded to Council requesting support for speaking with Hydro One. 2. The Eugenia District Improvement letter is to be forwarded to Council to consider their funding request at budget deliberations. 3. The Nottawasaga Valley Conservation Authority levy number is to be provided to the members. 4. The Planner will prepare an overview of the new Chapman's plant in response to the concerns of the residents of Argyle Street and to forward the overview to Council. CoW 10 - 93 Fawcett - Risk RESOLVE, That the Committee of the Whole direct the following items be added to the next Council Agenda for necessary action:

Items 3, 6, 7 and 12 CARRIED.

16. MEETING DATES 13.1 Dates No change to the dates listed on the agenda.

17. OTHER BUSINESS 14.1 Items from Notice of Motion (McQueen) County Road 91 - The Mayor, Deputy Mayor and the CAO were invited to attend a meeting on March 15, 2010 with the Town of Blue Mountains and County of Grey to discuss Simcoe County's decision to close County Road 91.

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Approved Committee of the Whole Minutes of March 15, Page 20 of 312 2010 - for information purposes COMMITTEE OF THE WHOLE - MINUTES MARCH 15, 2010

The CAO will prepare a report outlining the overall impact, background information, a mitigation strategy, the OMB impact and the impact on fire services and will provide the report at the Council meeting of March 22, 2010. (Halliday) South Grey Museum - Trillium Grant - The South Grey Museum requested by resolution that Council add their request for publicly accessible and barrier-free washroom facilities at the South Grey Museum Direction was provided to staff to prepare a report on the Municipality's trillium grant requirements over the next three years. The report will include all trillium grant requests recently received including Maxwell Hall, Rocklyn Hall and South Grey Museum. A request may be coming forward to be added to the trillium grant listing from Feversham Park. (Halliday) Grey Bruce Economic Partnership - Council reviewed the proposed Grey Bruce economic tourism development project 'Savour & Invest in Grey-Bruce'. The project is designed to focus on growing and enhancing the agricultural sector by building strong and sustainable agri-industry partnerships through the creation of a marketing board/team. (Halliday) Strategic Plan Village of Markdale - There was discussion on the possible development of a strategic position paper for the Village of Markdale. It was suggested that a strategic position paper be reviewed for the entire Municipality not just for the Village of Markdale. (Halliday) Strategic Plan Markdale Complex - the Municipality is currently waiting for input from the Markdale Arena Board on a strategic plan for the complex.

18. ADJOURNMENT 15.1 Adourn CoW 10 - 95 Fawcett - Risk RESOLVE, That Committee of the Whole adjourn until the Call of the Chair. Time: 2:25 p.m. CARRIED. Adopted as on this 22nd day of March 2010

Chair Clerk

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Approved Committee of the Whole Minutes of March 15, Page 21 of 312 2010 - for information purposes

Public Works Department

PUBLIC WORKS REPORT # PW.10-14

Date: April 1, 2010

SUBJECT: 2010 Calcium Chloride Tender

RECOMMENDATION Resolve that the Committee of the Whole receive report PW10-14 and that the tender for calcium chloride –liquid 35% be awarded to Da Lee Dust Control for 950 cubic meters in the amount of $199.00 per cubic meter for a total cost of $189,050.00, plus GST to be funded from the 2010 Operational Budget.

SUMMARY/BACKGROUND The request for tender was advertised in the local papers and the Owen Sound Sun Times. The tender closed at 3:00 p.m. on Friday March 19, 2010 and opened on Monday March 22, at 8:30 a.m.

The municipality only received one tender for this work at a quoted rate of $199.00 per cubic meter.

In 2009 there was a total of 912 cubic meters applied to Grey Highlands roads at a cost of $199.00 per cubic meter for a total cost of $181,417.00.

FINANCIAL IMPACT Work shall be funded from the 2010 Public Works Budget.

ATTACHMENTS None

Chris Cornfield Public Works/Waste Management Superintendent

Calcium Chloride Tender Page 22 of 312

Public Works Department

PUBLIC WORKS REPORT # PW.10-15

Date: April 1, 2010

SUBJECT 2010 Brush Cutting Tender

RECOMMENDATION Resolve that the Committee of the Whole receive report PW10-15 and that the tender for Road Side Brush Cutting including traffic control be awarded to Wayne Blackburn Brush Cutting in the amount of $122.40 per hour, plus GST.

SUMMARY/BACKGROUND The request for tender was advertised in the local papers and the Owen Sound Sun Times. The tender closed at 3:00 p.m. on Friday March 19, 2010 and opened on Monday March 22, at 8:30 a.m.

The municipality received two tenders for brush cutting.

Diamond Environment Wayne Blackburn $98.00 per hour with no traffic control $122.40 per hour with traffic control Above prices do not include GST.

The 2009 actual expenditure for brush cutting was 87 hours @ $120.00 per hour for a total of $10,440.00.

For the summer of 2010 Public Works has planned for 120 hours of Roadside Brush Cutting for a total cost of $14,688.00.

FINANCIAL IMPACT Work shall be funded from the 2010 Public Works Budget.

ATTACHMENTS None

Chris Cornfield Public Works/Waste Management Superintendent

Brush Cutting Tender Page 23 of 312

Public Works Department

PUBLIC WORKS REPORT # PW.10-16

DATE April 1, 2010

SUBJECT 2010 Maintenance Gravel Tender.

RECOMMENDATION Resolve that the Committee of the Whole receive PW.10-16 and that the tender to supply, haul and apply a total of 52,500 tonnes of 16mm crushed gravel for a total cost of $371,525 plus applicable taxes be awarded to Harold Sutherland Construction Ltd. The supply of gravel for Artemesia will be coming from Gowanlock and Markdale Pit, Euphrasia will be coming from Holland and Markdale Pit and Osprey from the Gowanlock Pit. Funding for the maintenance gravel shall be from the 2010 Public Works operating budget.

SUMMARY/BACKGROUND The annual maintenance tender was advertised in the Owen Sound Sun Times and the local papers. The tender closed at 3:00 March 19, 2010. The tender included 18,000 tonnes of gravel for the former geographic areas of Artemesia, Euphrasia and Osprey.

Total weights for each of the former Municipalities were reduced to 17,500 tonnes in order to stay within the 2010 draft budget.

The elements of the tender requires a 10% certified cheque at the time of “when chosen” from the bidder. Further a minimum of $5,000,000 liability insurance is required. Each load shall be accompanied by a signed weigh ticket and given to the Municipal ticket collector. Work is to begin approximately on Monday May 10, 2010 and is to be completed by Friday, June 18, 2010.

The geographic areas subject to maintenance gravel are as follows: Part A Artemesia - all road east of Highway 10 Part B Euphrasia - all roads west of Grey Road 7 Part C Osprey - all roads south of County Road 4

Maintenance Gravel Tender Page 24 of 312 A total of two (2) tenders were received for the maintenance gravel.

PART SADDLER SADDLER SUTHERLAND SUTHERLAND Cost/Tonne Total Cost Cost/Tonne Total Cost A-Artemesia $ 6.70 $120,600.00 $6.57 $118,260.00 B-Euphrasia $10.18 $183,240.00 $8.03 $144,540.00 C-Osprey $ 7.32 $131,760.00 $6.63 $119,340.00 Sub Total $435,600.00 $382,140.00 GST $21,780.00 $19,107.00 PST Incl. $11,275.20 Total $457,380.00 $412,522.20

Note: Prices are based on 18,000 tonnes

FINANCIAL IMPACT $371,525.00 plus applicable taxes for 52,500 tonnes of 16mm gravel shall be funded from the 2010 Public Works Budget.

ATTACHMENTS None

Chris Cornfield Public Works/Waste Management Superintendent

Maintenance Gravel Tender Page 25 of 312 Public Works Department

PUBLIC WORKS REPORT # PW.10-18

Date: April 1, 2010

Subject: 2010 Equipment Rental

Recommendation: Resolve that the Committee of the Whole receive report PW 10-18. Further resolve the Committee of the Whole forward to Council to approve and award the following Equipment Rental Contractors.

Equipment Contractor Rate With Operator Bulldozer Sutherland $138/hour Y

Compaction Sutherland $65/hour Y Roller

150 hp/plus Best Contracting $85/hour Y Hydraulic Lepard Trucking $89/hour Y Excavator Dale Ottwell $98/hour Y

Under 150hp Darcy Ottwell $83/hour Y Hydraulic Dale Ottwell $88/hour Y Excavator Al Thompson $90/hour Y

Mini Excavator Best Contracting $60/hour Y Dale Ottwell $70/hour Y

Trim Dozer Darcy Ottwell $62/hour Y Best Contracting $70/hour Y Al Thompson $70/hour Y

Tri-axle Darcy Ottwell $72/hour Y Dump Truck Best Contracting $75/hour Y Sutherlands $75/hour Y

Hourly Equipment Rental Page 26 of 312 The contractors must be available within 24 hours notice. If the awarded contractor is not available when contacted, then the Municipality reserves the right to contact the next accepted tender. Contactor must provide proof of WSIB and carry $5,000,000.00 in liability insurance. Summary/Background: The request for tender was advertised in the local papers and the Owen Sound Sun Times. The tender closed at 3:00pm on Friday March 19, 2010 and opened on March 22, 2010 at 8:30am. The hourly rate was to included delivery and identify whether it was with an operator or without an operator. The tender for Tri-axle Dump Trucks is to include bulk snow removal in Flesherton and Markdale and will be in effect from April 15, 2010 to April 15, 2011.

Bulldozer: Total 1 bid. Quote was for 2 machines. D6 at $85/hour and D8 at $138/hour Compaction Roller: 1 bid Quote was for $65/hour Hydraulic Excavator: Total of 9 bids. Quotes range from $83/hour to $109/hour Mini Excavator Total of 3 bids Quotes range from $60/hour to $70/hour Pulverizer: No bid. Trim Dozer: Total of 6 bids. Quotes range from $62/hour to $75/hour Tri-Axle dump Truck: Total of 8 bids. Quotes range from $72/hour to $79/hour

FINANCIAL IMPACT: Equipment will be used on “as needed” basis and funded from the 2010 Public Works Budget.

Chris Cornfield Public Works/Waste Management Superintendent

Hourly Equipment Rental Page 27 of 312 Upgrade to Ilsa St. Well Pump soft start system Page 28 of 312 Upgrade to Ilsa St. Well Pump soft start system Page 29 of 312 Purchase of a Diaphram Pump for pumping thick solids Page 30 of 312 Municipality of Grey Highlands Approved by Council: 2007.12.17 Corporate Policy Amended by Council: Policy No.: ADM-07-05 ADMINISTRATIVE POLICY ON PURCHASING AND TENDERING

PURPOSE

The Municipal Act, 2001 (the “Act”) requires that all municipalities adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.

INTERPRETATION

Definitions

1.1 In this policy, unless a contrary intention appears,

"Council" means the Council of the Municipality of Grey Highlands;

"Department Head” means those individuals identified in the approved Municipal Personnel Policy, including the C.A.O.;

"goods" includes supplies, materials and equipment of every kind required to be used to carry on the operations of a department, including leased or rented services;

"Functioning Committee” means any standing committee of the Grey Highlands Municipal Council;

"Municipality” means the Municipality of Grey Highlands;

"purchase" means the acquisition of goods or services which the Municipality will undertake to pay for;

"quotation" means a written or verbal offer received from a supplier to sell or buy goods or services in response to a direct request;

"Tender" means a written offer received from a supplier of goods or services in response to a public advertisement or invitation requesting sealed tenders, and which is opened publicly and subject to final approval by Council.

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CoW February 1 - Procurement Policy Regarding Tender Page 31 of 312 Openings - Questions as outlined in the minutes, AUTHORITY AND RESPONSIBILITY

Adherence To Accepted Practices

2.1 Except as otherwise stated herein, all purchases of goods, services or equipment shall be made on a competitive basis in keeping with accepted public purchasing practices and procedures and in accordance with applicable laws, this policy, and any directions or regulations made pursuant hereto.

2.2 This policy does not apply to the purchase of goods, services and equipment considered necessary or advisable by the Clerk to carry out the requirements of the Municipal Elections Act, but the Clerk shall wherever possible be guided by the provision of this policy.

Authority of the Annual Budgets

2.3 The authority of the annual operating and capital budgets, once adopted by Council, provides a framework to Functioning Committees and staff for the determination of goods and services to be purchased.

Authorized Expenditure Limits

2.4 Sales taxes, excise taxes, goods and service taxes and duties shall be excluded in determining the value of a contract for the supply of goods or services for the purpose of determining if the purchase falls into Subsection 2.5, 2.6, 2.7 or 2.8 below.

2.5 Where the requirement for goods or services has an estimated value not in excess of $2,000.00, an employee authorized by the Department Head is empowered, on behalf of the department concerned, to sign for and to make the purchase on his own authority.

2.6 Where the requirement of goods or services is estimated to exceed $2,000.00 but is less than $10,000.00, the purchase may be made on the authority of the Department Head provided he has obtained three written quotations. The lowest quotation received may be acceptable, providing it meets all the specifications and all other prerequisites. Listings of all quotations received must be retained for inspection by the auditors, and by other officials such as the Treasurer. Where three written quotations cannot be obtained, approval to purchase must be given by the Treasurer.

2.7 Where the requirement of goods or services is estimated to exceed $10,000.00 but is less than $ 50,000.00, the purchase may be made on the authority of the Department Head provided he has obtained three written quotations AND has presented those quotations to Council in a written report with a recommendation

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CoW February 1 - Procurement Policy Regarding Tender Page 32 of 312 Openings - Questions as outlined in the minutes, of a preferred supplier. The lowest quotation received may be acceptable, providing it meets all the specifications and all other prerequisites. The written report must be retained for inspection by the auditors. Where three written quotations cannot be obtained, the report must indicate that situation, and approval to purchase must be given by Council.

TENDERS / QUOTATIONS

2.8 All requirements for goods or services estimated to exceed $50,000.00 in value shall be obtained by calling for Sealed Tenders, and by advertising in at least one local newspaper. Sealed Tenders and Quotations will be opened publicly at a designated time.

SPECIALIZED CIRCUMSTANCES

Procurement of Engineering Consultants, Architects, Appraisers, Surveyors

3.1 Assignments for projects which are more complex (in terms of specifications) in nature but which are within general recurring, are not of a complex nature and have estimated fees of $10,000.00 or less shall be assigned on the basis of a proposal submitted by a minimum of two or more, (if applicable) qualified firms stating their approach to the proposed project and their experience and knowledge of projects of a similar nature.

3.2 Assignments for complex projects and major studies with estimated fees greater than $10,000.00 shall be awarded on the basis of detailed Request for Proposal submissions, and shall be open to any competent consulting firm, regardless of location.

3.3 The assignments outlined in subsection 3.2 above shall be subject to the approval of the Municipal Council through a written report from the Department Head.

3.4 A consulting firm which has partially completed a project for which subsequent phases require Council approval may be awarded the balance of the project subject to satisfying all financial and other conditions contained herein, noting that this should be to the financial advantage of the Municipality due to the fact that such a consultant has specific knowledge of the project and has undertaken work for which duplication would be required if another firm were to be selected.

Procurement in Emergencies

3.5 In Subsection 3.6 "emergency" includes

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CoW February 1 - Procurement Policy Regarding Tender Page 33 of 312 Openings - Questions as outlined in the minutes, (a) an imminent or actual danger to the life, health or safety of an official or an employee while acting on the Municipality's behalf

(b) an imminent or actual danger of injury to or destruction of real or personal property belonging to the Municipality

(c) an unexpected interruption of an essential public service;

(d) an emergency as defined by the Emergency Management Act and the emergency plan formulated by the Municipality; and

(e) a spill of a pollutant as contemplated by Part X of the Environmental Protection Act

3.6 Where, in the opinion of the Council or a Department Head, in consultation with the CAO, acting reasonably, an emergency occurs,

(a) the Department Head, in consultation with the CAO, may initiate a purchase in excess of the pre-authorized expenditure limit; and

(b) any purchase issued under such conditions, together with a source of funding provided by the Treasurer, shall be justified and reported to the next meeting of Council following the date of the requisition.

Single Sources

3.7 Where there exists only a single source for the provision of goods or services, the requirements for competitive prices may be waived.

Co-operative Purchasing

3.8 Each Department Head, in consultation with the CAO, is authorized to participate with other local governments, or their agencies, on co-operative purchasing ventures or joint contracts, on the basis of the most acceptable overall tender, in keeping with the provisions of this policy.

Where Requests For Proposal (RFP) Appropriate

3.9 Requests for Proposals (RFP) may be issued when the requirements for services cannot be definitively specified, where the services are financial in nature (Banking, Auditing, Insurance) and where such proposals could result in specific offers by the bidders to fulfil the requirements, services or function at a particular price. RFP’s shall conform to all standard Tender procedures.

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CoW February 1 - Procurement Policy Regarding Tender Page 34 of 312 Openings - Questions as outlined in the minutes, Exception

3.10 Council may, by resolution, waive the provisions of this policy.

TENDER PROCEDURES

Tender Advertising

4.1 Tenders shall be called by at least one of the following methods: (a) In at least one major construction trade publication (b) In a local newspaper(s) (c) By invitation to not less than 3 potential bidders

Tender advertisements shall appear in a local newspaper at least once, and sufficient time between advertising and tender closing shall be allowed to permit a contractor to examine the site, obtain the tender documents, complete and submit his tender.

A tender advertisement shall contain the following information: (a) Name of the Municipality (b) Type of work (c) Official designated to receive the tender (d) Time of closing (e) Location of the work (f) Time and place of tender opening (g) Proviso that the Municipality reserves the right to accept any tender, or part of any tender, or to reject any or all tenders received

A tender advertisement may contain the following information: (h) Contract number (i) Where plans, specifications and tender forms may be obtained (j) Any charge for providing contract documents

Arrangement And Personnel For Opening

4.2 The Department Head shall be responsible for arranging for the public opening of tender bids at the time and date specified by the tender call. If possible, either the Clerk or the C.A.O. will also attend the public opening, with the Department Head. The Mayor and/or Chair of the Committee may also be in attendance.

Closing Time For Tenders

4.3 The closing time for receiving tender bids on the specified day shall be as advertised.

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CoW February 1 - Procurement Policy Regarding Tender Page 35 of 312 Openings - Questions as outlined in the minutes, 4.4 The opening of the bids shall commence immediately following the advertised closing time, unless the Department Head, acting reasonably, postpones the start to some later hour, but the opening shall continue, once started, until the last bid is opened.

Evaluation and Recommendation After Tender Opening

4.5 After opening of Tenders, a list of the prospective bidders shall be prepared by the Clerk or C.A.O., and the bid documents shall be referred to the Department Head for evaluation and checking, and then reviewed by the Department Head for a recommendation to Council.

Conditions Applicable To All Tenders

4.6 The following conditions with respect to the condition of Tender documents apply to all sealed bids:

(a) Tender bids received later than the specified closing time shall be returned unopened to the bidder. (b) A bidder who has already submitted a tender bid may submit a further tender bid at any time up to the official closing time. The last tender bid received shall supercede and invalidate all bids previously submitted by that bidder. (c) A bidder may withdraw the tender bid at any time up to official closing time, by letter bearing his or her signature and seal, as in the bid submitted (d) The Municipality reserves the right to accept or reject any tender bid.

Additional Conditions Applicable to Construction Projects

4.7 In the case of municipal construction projects, the conditions set out in section 4.6 shall apply, and the following additional conditions shall also apply:

(a) Tender bids which are incomplete, illegible or obscure, or which contain additions not called for, erasures, alteration, errors or irregularities of any kind may be rejected as informal. (b) Wherever in a tender the amount bid for a unit price item does not agree with the extension of the estimated quantity and the bid unit price or the extension has not been made, the unit price shall govern and the total price shall be corrected accordingly. (c) Wherever in a tender both the unit price and the total price are left blank, both shall be considered as zero.

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CoW February 1 - Procurement Policy Regarding Tender Page 36 of 312 Openings - Questions as outlined in the minutes, (d) Wherever in a tender the unit price is left blank but a total price is shown for the item, the unit price shall be established by dividing the total price by the estimated quantity. (e) Wherever, the total price if left blank for a lump sum item, it shall be considered as zero. (f) Wherever in a tender an error in addition subtraction and/or transcription occurs in calculating the total contract price, the error shall be corrected and the corrected total contract price shall govern. (g) Tenders containing prices which appear to be so unbalanced as to likely affect the interest of the Municipality adversely may be rejected.

Steps Where Only One Bid Received

4.8 In the event only one bid is received in response to a request for tenders, the Department Head may return the unopened bid to the bidder when, in the opinion of the Department Head, using criteria based on the reasonable number of bids which might reasonably be expected on a given type of bid, additional bids could be secured. In returning the unopened bid, the Department Head shall inform the bidder that the Municipality may be recalling the tenders at a later date.

4.9 In the event that only one bid is received in response to a request to tenders, the bid may be opened and evaluated in accordance with the Municipality's usual procedures when, in the opinion of the Department Head, the bid should be considered by the Municipality. If, after evaluation by the Department Head, in consultation with the CAO, the bid is found not to be acceptable, he/she shall make a recommendation to Council as to which of the following courses of action is taken:

(a) The Department Head, in consultation with the CAO, will be authorized to negotiate with the sole bidder; (b) The Department Head, in consultation with the CAO, will be authorized to recall tenders; or (c) The Department Head, in consultation with the CAO, will modify the original specifications and re-tender (d) The Department Head, in consultation with the CAO, will recommend that the one bid is acceptable.

Time of Public Release of Tenders and Proposals

4.10 All tenders and proposals, except certain proprietary information mentioned in section 4.11 below, shall be public information at the time of the tender opening.

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CoW February 1 - Procurement Policy Regarding Tender Page 37 of 312 Openings - Questions as outlined in the minutes, Confidentiality of Proprietary Information

4.11 All records and information pertaining to tenders, proposals and other sealed bids, which reveal a trade secret or scientific, technical, commercial, financial or other labour relations information, supplied in confidence implicitly or explicitly, shall remain confidential if the disclosure could reasonably be expected to:

(a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of person, or organization;

(b) result in similar information no longer being supplied to the Municipality where it is in the public interest that similar information continue to be so supplied;

(c) result in undue loss or gain to any person, group, committee or financial institution or agency; or

(d) result in information whose disclosure could reasonably be expected to be injurious to the financial interest of the Municipality.

Financing Reports on Tenders

4.12 With respect to all reports initiated for Tenders, the Treasurer will provide the information on the sources of financing, allocation of revenue, (and other financial commentary as considered appropriate) in the same report.

GENERAL

Prohibitions

5.1 No purchase or contract shall be divided into segments for the purpose of avoidance of the requirements in this policy.

5.2 No employee or Councillor may bid on the sale of goods by the Municipality, except those goods disposed of by advertised public sale.

5.3 No employee or Councillor shall purchase, or offer to purchase, on behalf of the Municipality, any goods or services, except in accordance with this policy.

Authority To Pay Statutory Holdbacks

5.4 The Treasury Department is authorized, upon the Municipality receiving the statutory declaration respecting construction liens and payment of accounts, and satisfactory certificates from the Workers' Safety Insurance Board for final

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CoW February 1 - Procurement Policy Regarding Tender Page 38 of 312 Openings - Questions as outlined in the minutes, holdbacks, to arrange payment of holdbacks for various projects covered by contracts with the Municipality, upon necessary approval from the Department Head and the Treasurer, as per the regular invoice payment process.

Annual Comparative Data for Significant Cost Changes

5.5 Whenever there is a significant change in the cost of items being purchased by tendered sealed bids over the cost of the same items purchased in the previous year, the Department Head shall supply such cost comparison data to the Council when submitting recommendations to the Council in regard to the disposition of bids.

Resolution of Questions of Policy

5.6 Any question involving the meaning or application of this by-law is to be submitted to the C.A.O., who will resolve the question.

Local Preference

5.7 In the case of a tied bid for a Quotation/Tender, the Municipality shall exercise a tied bid preference, where all things being equal (including price) the award shall be made to the local bidder if applicable.

Gender References

5.8 This policy shall be read with all necessary changes of gender and changes of singular or plural which may be required in its context.

Statutory Authority Conflict

5.9 In the event that this policy should conflict with the provisions of any Provincial or Federal legislation, then the provisions of the Provincial or Federal legislation shall prevail.

Amendment or Rescinding of Policy

5.10 This policy or any provision of it may be rescinded, remade or amended by the C.A.O. from time to time, and resubmitted to Council for approval.

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CoW February 1 - Procurement Policy Regarding Tender Page 39 of 312 Openings - Questions as outlined in the minutes, Kimberley Hall Kitchen Renovations - February 12, 2010 Page 40 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 41 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 42 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 43 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 44 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 45 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 46 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 47 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 48 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 49 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 50 of 312 Delegation Kimberley Hall Kitchen Renovations - February 12, 2010 Page 51 of 312 Delegation Advertising Analysis for Discussion - Prior reports Page 52 of 312 attached for reference Advertising Analysis for Discussion - Prior reports Page 53 of 312 attached for reference Advertising Analysis for Discussion - Prior reports Page 54 of 312 attached for reference Advertising Analysis for Discussion - Prior reports Page 55 of 312 attached for reference Advertising Analysis for Discussion - Prior reports Page 56 of 312 attached for reference Advertising Analysis for Discussion - Prior reports Page 57 of 312 attached for reference Advertising Analysis for Discussion - Prior reports Page 58 of 312 attached for reference Advertising Analysis for Discussion - Prior reports Page 59 of 312 attached for reference 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 60 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 61 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 62 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 63 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 64 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 65 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 66 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 67 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 68 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 69 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 70 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 71 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 72 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 73 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 74 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 75 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 76 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 77 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z02.2010, Martin J., Part of Page 78 of 312 Lots 8, 9 and 10, Concession 3 SDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 79 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 80 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 81 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 82 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 83 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 84 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 85 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 86 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 87 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 88 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 89 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 90 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 91 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 92 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 93 of 312 & 18, Concession 3 NDR (Osprey) 1:00 p.m. - Public Meeting - Z04.2010, Martin E., Lots 17 Page 94 of 312 & 18, Concession 3 NDR (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 95 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 96 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 97 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 98 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 99 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 100 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 101 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 102 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 103 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 104 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 105 of 312 Concession 10 (Osprey) PL.10.18 - Lift of Hold (Kenwell) - Lots 28 and 29, Page 106 of 312 Concession 10 (Osprey) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 107 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 108 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 109 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 110 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 111 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 112 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 113 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 114 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 115 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 116 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 117 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 118 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 119 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 120 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 121 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 122 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 123 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 124 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 125 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 126 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 127 of 312 145 and 146, Concession 1 SWTSR (Flesherton) PL.10.19 - Development Agreement (Petch) - Part of Lots Page 128 of 312 145 and 146, Concession 1 SWTSR (Flesherton) Grey Highlands Secondary School - request for use of Page 129 of 312 Flesherton Ball Diamond Grey Highlands Secondary School - request for use of Page 130 of 312 Flesherton Ball Diamond Grey Highlands Secondary School - request for use of Page 131 of 312 Flesherton Ball Diamond

Office of the CSA Laura Camilleri REPORT #CSA10-20 Meeting Date: CoW April 1, 2010

SUBJECT: Salute to Volunteers – Markdale Standard

RECOMMENDATION

RESOLVE THAT Committee receive report CSA10-20 – Salute to Volunteers – Markdale Standard Advertisement and that Committee recommend to Council to support a banner ad in the 2010 Salute to Volunteers Insert at a cost of $150.00 (+ GST) to be taken from the 2010 Advertising budget.

GENERAL OVERVIEW

The week of April 18-24, 2010 is National Volunteer week – “From Compassion to Action. The Markdale Standard will be printing an insert highlighting the achievements of the Grey Highlands volunteers. As CoW is aware the municipality is populated with many passionate volunteers who dedicate hundreds of hours, energy & skills towards various committees, service clubs, non-profit agencies and recreation clubs. It seems fitting that the municipality recognize and thank our many volunteers during National Volunteer Week.

The municipality has participated in the insert in the past - attached is the ad from 2009 for review. The section that would host our banner ad is the center section with the listing of volunteer agencies in Grey Highlands. Instead of duplicating the 2009 banner it is recommended that the wording of the banner read: Thank-you to our Volunteers! Grey Highlands Council salutes the passion, dedication and energy of our many volunteers. “Our volunteers are valued!” As we celebrate National Volunteer Week take time to thank a volunteer.

FINANCIAL IMPACT

The cost of the advertisement is $150.00 +GST. At this time the advertisement can be funded through the 2010 Advertising budget.

Respectfully Submitted,

Laura Camilleri

Laura Camilleri, Corporate Services Administrator

Report CSA10-20 - Salute to Volunteers - Markdale Page 132 of 312 Standard Report CSA10-20 - Salute to Volunteers - Markdale Page 133 of 312 Standard

Office of the CSA Laura Camilleri REPORT #CSA10-21 Meeting Date: CoW April 1, 2010

SUBJECT: Pepsi Bottling Group Contract

RECOMMENDATION

RESOLVE THAT Committee receive report CSA10-21 – Pepsi Bottling Group Contract for discussion purposes and that Committee recommend to Council to maintain the status quo with Pepsi.

GENERAL OVERVIEW

The previous Pepsi Bottling Group contract expired on March 31, 2009. This contract, in exchange for the right of exclusivity at all Municipal facilities, provided: • Pepsi products, beverage equipment and beverage equipment signage • Annual fund of $6000.00 to be used at discretion of the municipality for the operation of its 3 primary community centres (Markdale, Osprey, Flesherton) • An annual fund of $500.00 in support of municipal minor hockey programs • No charge cooling equipment and maintenance

This agreement rolls-over with the exclusion of the annual funds.

Current Status – Equipment and Profits

Pepsi refrigeration equipment, provided as part of the contract, is in use in the Kinplex, Flesherton Arena, Markdale Complex, Osprey Arena & Hall, Rocklyn Arena. All municipal facilities are honouring the Pepsi exclusivity agreement arranged under the contract (ie no competitors products are sold) although some are purchasing product from other suppliers as minimums are too large and product sits for too long and expires before sale.

Osprey Arena and Rocklyn Arena receive the profits. The operators of the Snack Bars in Markdale and Flesherton Arenas receive profits.

OPTIONS/DISCUSSION

The CSA has met with representatives from Pepsi and Coke to discuss options with regard to a future soft-drink contract. There are 3 options available to the municipality: 1. Contract with Pepsi or Coca-Cola 2. No Contract with Pepsi or Coca-Cola

Report CSA10-21 Pepsi Bottling Group Contract Page 134 of 312 3. Contract with independent vending company

1. Contract with Pepsi or Coca-Cola

Pricing & Equipment - Preferred pricing and equipment in exchange for exclusive brand and order through their distributor - By entering into a contract the equipment needs will be reassessed. - Minimum purchase is either $270.00 or 15 cases

Annual Funds - Pepsi & Coke no longer offer annual funds.

Commitment to the Environment - Coke is the only company to mention a commitment to the environment.

Service - Osprey Arena is content - Rocklyn Arena and the Kinplex have had problems getting their units serviced. - Flesherton & Markdale had no comments with regards to service from Pepsi.

2. No Contract with Pepsi or Coca-Cola

Pricing & Equipment - Purchase any product from any source. - Coolers and vending machines currently in place at all municipal facilities would be returned to Pepsi. - If we chose to keep vending machines in the arenas we could contract with a vending company or purchase / rent our own.

3. Contract with Independent Vending Company

An Independent Vendor offers 2 options: • Full service vending and maintenance (set-up the vending machines, stock them, maintain them and retain the profits). • Deliver cases of pepsi or coke product at bulk pricing. This service also includes the use of a pop machine installed for us.

Price Comparisons

Current product Coke Pepsi Vending (price/case) (price/case) company Soda (591ml) 25.40 24.90 29.00 Juice 15.15 15.30 17.50 Water 14.80 15.75 Gatorade (Pepsi) Powerade (Coke) 27.40 (24) 15.10 (12 17.40

Report CSA10-21 Pepsi Bottling Group Contract Page 135 of 312 FINANCIAL IMPACT

The loss of an annual funds amounting to: $6000.00 for the operation of its three primary community centres $500.00 in support of MGH minor hockey programs

Respectfully Submitted,

Laura Camilleri

Laura Camilleri, Corporate Services Administrator

Report CSA10-21 Pepsi Bottling Group Contract Page 136 of 312

Office of the CSA Laura Camilleri REPORT #CSA10-23 Meeting Date: CoW April 1, 2010

SUBJECT: Hazardous Materials Survey Report (Kinplex)

RECOMMENDATION

RESOLVE THAT Committee receive report Hazardous Materials Survey Report (Kinplex) for information purposes.

GENERAL OVERVIEW

The attached report from Advanced Environmental summarizes the results from the Environmental Assessment survey at the Flesherton Kinplex on February 23, 2010. This survey was conducted on recommendation from the Architect working on the Kinplex renovation project. Based on the estimated construction date and the reported use of the building, the survey undertaken by AEC targeted the following Designated Substances: asbestos, lead, mercury, and silica along with additional hazardous materials PCBs, mould and ozone-depleting substances.

RESULTS

The full report is attached for review. The contents are summarized below.

1. Asbestos - Asbestos was not detected in any of the samples submitted.

2. Lead - Detectable lead was not identified in any of the samples submitted.

3. Mercury - Mercury is present in fluorescent light tubes and potentially in thermostats within the survey area.

4. Silica - Common construction sand contains free crystalline silica and is present in concrete products, mortar, brick, etc. These construction products are typically found throughout building structures.

5. Acrylonitrile, Benzene, Isocyanates, Arsenic, Ethylene Oxide, Vinyl Chloride and Coke Oven Emissions – Evidence of this was not observed at the site.

6. Ozone-Depleting Substances (ODS) – AEC did not observe equipment that may contain ozone-depleting substances

Report CSA10-23 Hazardous Materials Survey Report Page 137 of 312 (Kinplex) 7. Polychlorinated Biphenyls (PCB) - Fluorescent light fixtures are present in the building. Random ballasts were inspected to determine PCB content. All of the ballasts inspected were new and do not contain PCB’s. However it should be noted that the majority of ballasts inspected were leaking and should be replaced.

8. Mould - Visual evidence of mould and water damage was observed in various locations, as below: • 4 SF of water-damaged texture coat ceiling in Hall. • 25 SF of water-damage and mould-impacted drywall within Kitchen. • 4 SF of water-damaged drywall in Furnace Room.

9. Animal Droppings (Guano) - Evidence of animal feces was not observed during the assessment.

RECOMMENDATIONS

The following recommendations are made within the report and are summarized below:

Asbestos Management Program Since asbestos-containing materials were not identified at this facility, the building is not subject to the requirement for an Asbestos Management Program, as specified under Ontario Regulation 278/05.

Mechanical Insulation Although asbestos-containing mechanical insulation was not identified during the assessment of the building, based on its age of construction, it is possible that this material may exist within inaccessible areas of the building such as behind plaster ceilings or within bulkheads. If new materials are revealed as a result of renovation or demolition activities, these materials should be tested for asbestos content prior to disturbance.

Lead Lead was not identified in the paint samples submitted for analysis however is suspected to be present in other construction materials such as flashings, bell joints and plumbing fittings. As a result, the presence, handling or disturbance of the material should be evaluated to help ensure that workers are not adversely affected.

Mercury The presence of mercury in fluorescent light tubes and thermostats poses minimal risk to occupants or workers provided the equipment is handled properly and the mercury is not allowed to escape. In the event of future renovations, light tubes and thermostat tubes should be removed intact to prevent the mercury vapour from escaping.

Silica Disturbance of materials containing silica will occur during demolition of walls and ceilings, saw cutting floor slabs and removal of lay-in acoustic ceiling tiles containing silica and is regulated under Ontario Regulation 845/90, amended by O. Reg 111/04. The procedures outlined in the MOL document ‘Guideline – Silica on Construction Projects’ (2004) should provide an adequate standard for the handling or disturbance of the material.

Report CSA10-23 Hazardous Materials Survey Report Page 138 of 312 (Kinplex) Mould Mould and water damage was observed in varying quantities during assessment of the building. The source of water infiltrations in the locations should be located and repaired to prevent further damage and mould growth. The water damage and mould should be removed following Level 1 and 2 procedures as outlined in the Environmental Abatement Council of Ontario’s 2004 document titled “Mould Abatement Guidelines”.

FINANCIAL IMPACT

Not applicable

Respectfully Submitted,

Laura Camilleri

Laura Camilleri, Corporate Services Administrator

Report CSA10-23 Hazardous Materials Survey Report Page 139 of 312 (Kinplex)

4093 Meadowbrook Drive, Suite 114 Advanced Environmental London, Ontario N6L 1G2

HAZARDOUS BUILDING MATERIALS SURVEY

KINPLEX COMMUNITY CENTRE 2 Highland Drive Flesherton, Ontario

Prepared for:

Municipality of Grey Highlands 206 Toronto St. S Markdale, ON N0C 1H0

March 9, 2010

Project No.: 10-4898

Tel: (519) 652-6105 • Fax: (519) 652-1709 • Toll-free (888) 239-4440 E-mail: [email protected]

Report CSA10-23 Hazardous Materials Survey Report Page 140 of 312 (Kinplex)

4093 Meadowbrook Drive, Suite 114 Advanced Environmental London, Ontario N6L 1G2

TABLE OF CONTENTS 1.0 INTRODUCTION...... 1 2.0 SITE BACKGROUND...... 1 3.0 SURVEY METHODOLOGY ...... 1 3.1 Asbestos...... 2 3.2 Lead-Based Paint...... 2 3.3 Other Hazardous Building Materials and Designated Substances...... 2 4.0 REGULATORY REQUIREMENTS...... 3 5.0 RESULTS...... 5 5.1 Asbestos-Containing Materials...... 5 5.1.1 Sprayed Fireproofing and Blown-in Insulation...... 5 5.1.2 Texture Finishes ...... 5 5.1.3 Mechanical Insulation ...... 5 5.1.4 Acoustic Ceiling Tiles ...... 5 5.1.5 Plaster and Drywall...... 6 5.1.6 Asbestos Cement Products ...... 6 5.1.7 Vinyl Floor Tiles ...... 6 5.1.8 Vinyl Sheet Flooring ...... 6 5.1.9 Asbestos Paper Products ...... 6 5.2 Lead ...... 6 5.3 Mercury ...... 6 5.4 Silica...... 6 5.5 Ozone-Depleting Substances (ODS) ...... 7 5.6 Polychlorinated Biphenyls (PCB) ...... 7 5.7 Mould...... 7 5.8 Animal Droppings (Guano)...... 7 6.0 RECOMMENDATIONS ...... 7 6.1 Asbestos...... 7 6.1.1 Asbestos Management Program ...... 7 6.1.2 Mechanical Insulation ...... 7 6.2 Lead ...... 8 6.3 Mercury ...... 8 6.4 Silica...... 9 6.5 Mould...... 9 7.0 LIMITATIONS AND WARRANTY...... 10

Tel: (519) 652-6105 • Fax: (519) 652-1709 • Toll-free (888) 239-4440 E-mail: [email protected]

Report CSA10-23 Hazardous Materials Survey Report Page 141 of 312 (Kinplex)

4093 Meadowbrook Drive, Suite 114 Advanced Environmental London, Ontario N6L 1G2

APPENDICES

APPENDIX I Asbestos and Lead Bulk Laboratory Results

APPENDIX II Room-By-Room Asbestos Materials Summary

APPENDIX III Building Drawings

APPENDIX IV Ontario Regulation 278/05

APPENDIV V Eaco Mould Abatement Guidelines

APPENDIX VI Lead on Construction Projects Guidelines

APPENDIX VII Silica on Construction Projects Guidelines

Tel: (519) 652-6105 • Fax: (519) 652-1709 • Toll-free (888) 239-4440 E-mail: [email protected]

Report CSA10-23 Hazardous Materials Survey Report Page 142 of 312 (Kinplex) Hazardous Building Materials Survey Kinplex Community Centre - Flesherton, Ontario March 9, 2010 AEC Project No.: 10-4898

1.0 INTRODUCTION

Advanced Environmental (AEC) was retained by the Municipality of Grey Highlands to conduct a hazardous building materials survey at the Kinplex Community Centre ocated at 2 Highland Drive in Flesherton, Ontario (the Site).

Under the Ontario Occupational Health & Safety Act (OHSA), an owner must determine whether any Designated Substances are present at a site and is required to prepare a list of all Designated Substances that are present. These substances may require special handling procedures. The current OHSA regulation lists the following eleven (11) substances as Designated Substances in the workplace: acrylonitrile, arsenic, asbestos, benzene, coke oven emissions, ethylene oxide, isocyanates, lead, mercury, silica and vinyl chloride.

Based on the estimated construction date and the reported use of the building, the survey undertaken by AEC targeted the following Designated Substances: asbestos, lead, mercury, and silica along with additional hazardous materials PCBs, mould and ozone-depleting substances which, in our experience, are most likely to be present on- site.

The following report explains our survey methodology and summarizes the hazardous building materials found at the Site.

2.0 SITE BACKGROUND

The building is a single-story slab on grad structure. It is believed to be one single phase of construction, however, the actual age of construction could not be verified at the time of the assessment.

3.0 SURVEY METHODOLOGY

During this investigation the surveyor inspected the building for construction materials suspected of containing designated substances or hazardous building materials. Mr. Jeff Doherty of AEC performed the fieldwork for this report on February 23rd, 2010.

Note: • Repetitive testing was generally not performed. Items, which were visually similar to others tested, were considered to be of like material and were not sampled again. However, due to the variable nature of some products, several samples may have been collected of some materials.

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Report CSA10-23 Hazardous Materials Survey Report Page 143 of 312 (Kinplex) Hazardous Building Materials Survey Kinplex Community Centre - Flesherton, Ontario March 9, 2010 AEC Project No.: 10-4898

• No destructive testing was performed. The inaccessible spaces within the building were not inspected. This includes areas above plaster or drywall ceilings (in the absence of access panels), as well as shafts, chases and bulkheads. Similarly, doors, motors and other equipment were not disassembled to determine composition.

• Vinyl sheet flooring and vinyl asbestos tiles have been recorded where observed, but may not be identified where they are present beneath multiple layers of flooring.

• There was no access to the roof at the time of the assessment.

3.1 Asbestos

Suspected asbestos-containing materials were collected as part of this assessment. These samples were analyzed by Crisp Analytical Laboratories of Carrollton, Texas, USA using a combination of dispersion staining and polarized light microscopy. This laboratory is accredited under the National Voluntary Laboratory Accreditation Program (NVLAP) to perform asbestos analysis. Preliminary identification was made using Polarized Light Microscopy (PLM), with confirmation of presence and type of asbestos made by dispersion staining optical microscopy following the U.S. Environmental Protection Agency’s Test Method 600. This analytical procedure conforms to the requirements outlined in Ontario Regulation 278/05.

3.2 Lead-Based Paint

Suspected lead-containing paints were submitted to Crisp Analytical Laboratories of Carrollton, Texas, USA and analyzed using flame atomic absorption spectroscopy (F.A.A.S.).

3.3 Other Hazardous Building Materials and Designated Substances

All other hazardous building materials or designated substances were identified based on visual assessment and historical usage.

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4.0 REGULATORY REQUIREMENTS

“Designated Substance" as defined by the Ontario Occupational Health & Safety Act (OHSA) means “a biological, chemical or physical agent or combination thereof prescribed as a Designated Substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled.” Under Section 30 of the OHSA an owner is required to determine whether any Designated Substances are present at a project site before beginning construction. If any portion of the project is tendered, the person issuing the tenders is required to list the Designated Substances present at the project site. The constructor is then required to ensure that every contractor and sub-contractor receives a copy of the list.

The list of Designated Substances is summarized in the following table.

DESIGNATED SUBSTANCES

Substance Regulations Acrylonitrile R.R.O. 1990, Reg. 835, as amended by O. Reg. 101/04 Arsenic R.R.O. 1990, Reg. 836, as amended by O. Reg. 102/04 Asbestos R.R.O. 1990, Reg. 837, as amended by O. Reg. 279/05 Asbestos on Construction Ontario Regulation 278/05 Projects Benzene R.R.O. 1990, Reg. 839, as amended by O. Reg. 105/04 Coke Oven Emissions R.R.O. 1990, Reg. 840, as amended by O. Reg. 106/04 Ethylene Oxide R.R.O. 1990, Reg. 841, as amended by O. Reg. 107/04 Isocyanates R.R.O. 1990, Reg. 842, as amended by O. Reg. 108/04 Lead R.R.O. 1990, Reg. 843, as amended by O. Reg. 109/04 Mercury R.R.O. 1990, Reg. 844, as amended by O. Reg. 110/04 Silica R.R.O. 1990, Reg. 845, as amended by O. Reg. 606/05 Vinyl Chloride R.R.O. 1990, Reg. 846, as amended by O. Reg. 112/04

The Regulations listed in the above summary table will be consolidated into one Regulation titled, Ontario Regulation 490/09, Designated Substances and is effective July 1, 2010.

The Ministry of Labour (MOL) has issued a regulation (Ontario Regulation 278/05) with respect to the disturbance of asbestos on construction projects and has drafted guidelines for control of lead and silica exposures on construction projects.

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Report CSA10-23 Hazardous Materials Survey Report Page 145 of 312 (Kinplex) Hazardous Building Materials Survey Kinplex Community Centre - Flesherton, Ontario March 9, 2010 AEC Project No.: 10-4898

Ontario Regulation 278/05 classifies all disturbance of asbestos as Type 1, Type 2 or Type 3, each of which is associated with defined work practices. All asbestos material waste is subject to special handling and disposal practices, and must be removed prior to partial or full demolition. Removal of any quantity of asbestos of more than 1m2 requires notification of the MOL. Disposal of asbestos waste is subject to waste management regulations under Ontario Regulation 347/90 as amended to Ontario Regulation 102/07.

The MOL guideline for the control of lead exposures during the removal of lead on construction projects does not include criteria for categorizing lead paint. The Ontario Ministry of Labour (MOL) does not have a standard to state what percentage of lead a material must have to be considered lead containing. However, the designated substance regulation (DSR) for lead, Regulation 843, specifies occupational exposure limits (OELs) for lead and, where necessary, requires implementation of a control program to ensure compliance with these OELs. The time-weighted average (TWA) OEL for lead (i.e., all lead except tetraethyl lead) is: 0.05 milligrams per cubic metre (mg/m3) of air. However, under Subsection 3(3) of the Regulation, construction projects are excluded from the OELs and most of the other requirements of the Regulation. This exclusion should not be interpreted as meaning nothing is to be done for construction workers who are exposed to lead. The OELs establish an Ontario standard for worker protection from lead. Procedures that provide an equivalent level of protection should, therefore, be implemented on construction projects where exposure to lead is a hazard. Ensuring such procedures are in place would, in the words of clause 25(2)(h) of the Occupational Health and Safety Act (OHSA), be “taking reasonable precautions to protect the health and safety of workers”.

The Federal Chlorobiphenyls Regulation, SOR/91-152 prohibits the use of PCBs in electrical transformers, capacitors and associated electrical equipment manufactured in or imported into Canada after July 1, 1980.

The Federal Chlorobiphenyls Regulation SOR/92-507 and Ontario Regulation 362/90 outline the handling, storage and disposal of PCBs and PCB-containing equipment.

There are currently no regulations specifically covering exposure to mould or outlining mould remediation practices. In addition, there are no occupational exposure limits stating acceptable levels of exposure without adverse health effects.

However, Sections 25 and 27 of the Ontario Occupational Health and Safety Act states that an employer must take every reasonable precaution to ensure the health and safety of their workers. This includes exposure to moulds.

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5.0 RESULTS

5.1 Asbestos-Containing Materials

Asbestos is a general name for several varieties of highly fibrous silicate minerals. Commercially significant types of asbestos include chrysotile, amosite and crocidolite. The fibres are valued for their heat and chemical resistance properties. The combination of fibrous structures, low heat conductivity, high electrical resistance, chemical inertness, strength and flexibility, as well as its effectiveness as a reinforcing or binding agent when combined with cement and/or plastic, made asbestos popular for widespread industrial use.

One measure of the potential hazard of ACM is its friability. The Ontario Ministry of Labour asbestos regulation defines a friable material as one when dry can be crumbled, pulverized or powdered by hand pressure. The friability of ACM is theoretically an indicator of the ease with which fibres may be released into the air. Non-friable products with bound asbestos pose no danger of releasing airborne fibres unless cut, broken up or otherwise physically abraded.

The following is a summary of the asbestos-containing materials that were encountered at the Site.

5.1.1 Sprayed Fireproofing and Blown-in Insulation Fireproofing was not observed during assessment of the building. Fibreglass insulation was observed above the furnace room drywall ceiling. This material was visually identified to be a non-asbestos product.

5.1.2 Texture Finishes Two (2) visually distinct patterns of texture coat ceiling and wall finishes was observed during the assessment of the building. Representative samples of these materials were collected and submitted for analysis. Asbestos was not detected in any of the samples submitted (Sample Groups 04 and 05).

5.1.3 Mechanical Insulation Uninsulated piping and non-asbestos fibreglass were noted within the building.

5.1.4 Acoustic Ceiling Tiles One (1) pattern of 2’ x 2’ acoustic ceiling tiles was observed in the Bar Area during the assessment of the building. Representative samples were collected and submitted for analysis. Asbestos was not detected in any of the samples submitted for analysis (Sample Group 02).

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5.1.5 Plaster and Drywall Plaster finishes were not observed during the assessment of the building. Representative samples of drywall with joint compound were submitted for analysis and do not contain asbestos (Sample Group 06).

5.1.6 Asbestos Cement Products Asbestos cement products (Transite) were not observed during the assessment of the building.

5.1.7 Vinyl Floor Tiles Two (2) patterns of 12” x 12” vinyl floor tiles were observed during the assessment of the building. Representative samples were collected and submitted for analysis. Asbestos was not detected in any of the samples submitted (Sample Groups 01 and 03).

5.1.8 Vinyl Sheet Flooring Vinyl sheet flooring was not observed ruing the assessment of the building.

5.1.9 Asbestos Paper Products Asbestos paper products were not observed during the assessment of the building.

5.2 Lead Two (2) paint samples were collected and subsequently submitted for laboratory analysis. Detectable lead was not identified in any of the samples submitted. A summary is outlined below:

Sample # Location % Lead P1 White Paint – Hall <0.0099 P2 Cream Paint – Kitchen <0.0099

Locations where paint samples were collected are identified within the Room-By-Room Asbestos Materials Summary in Appendix II.

5.3 Mercury Mercury is present in fluorescent light tubes and potentially in thermostats within the survey area.

5.4 Silica Common construction sand contains free crystalline silica and is present in concrete products, mortar, brick, etc. These construction products are typically found throughout building structures.

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Report CSA10-23 Hazardous Materials Survey Report Page 148 of 312 (Kinplex) Hazardous Building Materials Survey Kinplex Community Centre - Flesherton, Ontario March 9, 2010 AEC Project No.: 10-4898

5.5 Acrylonitrile, Benzene, Isocyanates, Arsenic, Ethylene Oxide, Vinyl Chloride and Coke Oven Emissions

Evidence suggesting the presence of acrylonitrile, benzene, isocyanates, arsenic, ethylene oxide, vinyl chloride monomer or coke oven emissions was not observed at the Site.

5.5 Ozone-Depleting Substances (ODS) AEC did not observe equipment that may contain ozone-depleting substances.

5.6 Polychlorinated Biphenyls (PCB) Fluorescent light fixtures are present in the building. Random ballasts were inspected to determine PCB content. All of the ballasts inspected were new and do not contain PCB’s. However it should be noted that the majority of ballasts inspected were leaking and should be replaced.

5.7 Mould Visual evidence of mould and water damage was observed in various locations, as below:

• 4 SF of water-damaged texture coat ceiling in Hall. • 25 SF of water-damage and mould-impacted drywall within Kitchen. • 4 SF of water-damaged drywall in Furnace Room.

5.8 Animal Droppings (Guano) Evidence of animal feces was not observed during the assessment.

6.0 RECOMMENDATIONS The following recommendations are made with respect to the hazardous building materials and Designated Substances noted at the Site:

6.1 Asbestos

6.1.1 Asbestos Management Program Since asbestos-containing materials were not identified at this facility, the building is not subject to the requirement for an Asbestos Management Program, as specified under Ontario Regulation 278/05.

6.1.2 Mechanical Insulation

Although asbestos-containing mechanical insulation was not identified during the assessment of the building, based on its age of construction, it is possible that this

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Report CSA10-23 Hazardous Materials Survey Report Page 149 of 312 (Kinplex) Hazardous Building Materials Survey Kinplex Community Centre - Flesherton, Ontario March 9, 2010 AEC Project No.: 10-4898

material may exist within inaccessible areas of the building such as behind plaster ceilings or within bulkheads. If new materials are revealed as a result of renovation or demolition activities, these materials should be tested for asbestos content prior to disturbance.

Any activity, which will disturb asbestos-containing mechanical insulation, is governed by the procedures outlined in Ontario Regulation 278/05. The disturbance of less than one (1) square metre of asbestos-containing mechanical insulation may be performed as a Type 2 operation, while any greater disturbance requires Type 3 precautions.

6.2 Lead Lead was not identified in the paint samples submitted for analysis however is suspected to be present in other construction materials such as flashings, bell joints and plumbing fittings. As a result, the presence, handling or disturbance of the material should be evaluated to help ensure that workers are not adversely affected.

The lead-containing materials in the building will not generate airborne lead dust in the absence of disturbance. However, significant lead dust levels can result when uncontrolled work procedures are used on lead-based materials. The control of dust levels during the demolition of the buildings can be accomplished through proper work practices such as wetting the surface of the materials to reduce overall dust levels and providing workers with washing facilities and proper respiratory protection.

The procedures outlined in the MOL document ‘Guideline – Lead on Construction Projects’ (2004) should provide an adequate standard for the handling or disturbance of the material.

The disposal of construction waste containing lead is controlled under Ontario Regulation 347, as amended by O. Reg. 102/07, and may be subject to Leachate Criteria (Schedule 4) of this regulation.

6.3 Mercury The presence of mercury in fluorescent light tubes and thermostats poses minimal risk to occupants or workers provided the equipment is handled properly and the mercury is not allowed to escape. In the event of future renovations, light tubes and thermostat tubes should be removed intact to prevent the mercury vapour from escaping.

It is good management practice to take precautions to prevent mercury vapours from becoming airborne during building demolition. Exposure to airborne mercury is regulated under R.R.O. 1990, Reg. 844 amended by O. Reg 110/04, Regulation

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Respecting Mercury - made under the Occupational Health and Safety Act. The current 3 TWAEV for mercury vapour is 0.025 mg/m (except alkyl compounds).

Mercury waste must be handled and disposed of according to Ontario Regulation 347, as amended by O. Reg. 102/07, and may be subject to Leachate Criteria (Schedule 4) of this regulation.

6.4 Silica Disturbance of materials containing silica will occur during demolition of walls and ceilings, saw cutting floor slabs and removal of lay-in acoustic ceiling tiles containing silica and is regulated under Ontario Regulation 845/90, amended by O. Reg 111/04. 3 3 The current TWAEV for amorphous fused silica is 0.1 mg/m and is 0.05 mg/m for crystalline silica (quartz). This can be accomplished through proper work practices such as wetting the surface of the materials to reduce overall dust levels and providing workers with washing facilities and proper respiratory protection.

The procedures outlined in the MOL document ‘Guideline – Silica on Construction Projects’ (2004) should provide an adequate standard for the handling or disturbance of the material.

6.5 Mould Mould and water damage was observed in varying quantities during assessment of the building. The source of water infiltrations in the locations should be located and repaired to prevent further damage and mould growth. The water damage and mould should be removed following Level 1 and 2 procedures as outlined in the Environmental Abatement Council of Ontario’s 2004 document titled “Mould Abatement Guidelines”. A summary of these procedures is outlined below.

Level 1 mould abatement activities include workers wearing half face-piece air-purifying respirators fitted with replaceable filters (N95 minimum) or a filtering face-piece Respirator (N95 minimum) with appropriate gloves. It is recommended that workers wear full-body dust-impervious coveralls with attached hoods. During remediation it is recommended that the HVAC system or furnace be turned off and seal over any diffusers immediately adjacent to the work area. Barricades of polyethylene sheeting are not required for Level 1 work, however, it is recommended that a drop sheet be placed below the materials to be removed and/or remediated. During abatement dust suppression methods should be used where possible, prior to disturbance. Mould abatement waste can be disposed of with regular landfill materials.

Level 2 mould abatement activities include workers wearing impermeable gloves and full-body dust-impervious coveralls with attached hood. Workers shall wear an

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Report CSA10-23 Hazardous Materials Survey Report Page 151 of 312 (Kinplex) Hazardous Building Materials Survey Kinplex Community Centre - Flesherton, Ontario March 9, 2010 AEC Project No.: 10-4898

elastomeric half face-piece air-purifying Respirator fitted with 100 Series Filter cartridges. The ductwork serving the work area shall be covered and all ductwork diffusers shall be sealed. The HVAC system or furnace should be isolated and the abatement area must be secured and access restricted. Isolate the work area with an enclosure constructed of polyethylene sheeting. A decontamination/change room is also recommended. Warning signs should be posted at the entrance to the work area and the work area should be under continuous negative pressure within the enclosure by drawing air from the work area and exhausting it out of the enclosure, either by use of a HEPA vacuum or a portable HEPA-filtered exhaust fan.

In general, all mould-contaminated or water-damaged porous materials such as drywall should be removed and replaced. Semi-porous materials such as wood can be remediated through a series of HEPA vacuuming, sanding and cleaning assuming the remediation does not destroy the integrity of the material. All non-porous surfaces such as concrete or plastic window frames can be remediated with a suitable detergent.

It should be noted that the single most effective way to prevent mould contamination within a building is the prompt removal of any suspected contaminated material and repairing the structural components of the building that lead to the water infiltration. Emphasis should be placed on preventing contamination through proper maintenance and prompt repair of any water-damaged areas. In all situations, the underlying cause of water accumulation must be rectified or the problem will reoccur.

7.0 LIMITATIONS AND WARRANTY

AEC has prepared this report for the exclusive use of the Client in evaluating the Site at the time of AEC’s assessment. AEC will not be responsible for the use of this report by any third party, or reliance on or any decision to be made based on it without the prior written consent of AEC. AEC accepts no responsibility for damages, if any, by any third party because of decisions or actions based on this report.

The findings and conclusions documented in this report have been prepared for specific application to this project and have been developed in a manner consistent with that level of care and skill normally exercised by qualified professionals currently practising in this area of environmental assessment. No other warranty, expressed or implied, is made.

The findings contained in this report are based upon conditions as they were observed at the time of investigation. No assurance is made regarding changes in conditions subsequent to the time of investigation.

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If new information is developed in future work, AEC should be contacted to re-evaluate the conclusions of this report and to provide amendments as required.

Respectfully submitted,

Advanced Environmental

Jeff Doherty, BSc Senior Occupational Hygienist

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Report CSA10-23 Hazardous Materials Survey Report Page 153 of 312 (Kinplex)

APPENDIX I

ASBESTOS AND LEAD SAMPLING RESULTS

Report CSA10-23 Hazardous Materials Survey Report Page 154 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. C CA Labs, L.L.C. 2081 Hutton, Suite 301 A 12232 Industriplex, Suite 32 Dedicated to Carrollton, TX 75006 Labs Baton Rouge, LA 70809 Quality Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Materials Characterization - Bulk Asbestos Analysis Laboratory Analysis Report - Polarized Light Advanced Environmental Corp. 4093 Meadowbrook Dr, #114 Customer Project: 10-4898 Grey Highlands London, Ontario N6L1G2 Reference #:CAL10031098MV Date 3/2/2010

Analysis and Method Summary of polarizing light microscopy (PLM / Stereomicroscopy bulk asbestos analysis) using the methods described in 40CFR Part 763 Appendix E to Subpart E (Interim and EPA 600 / R-93 / 116 (Improved). The sample is first viewed with the aid of stereomicroscopy. Numerous liquid slide preparations are created for analysis under the polarized microscope where identifications and quantifications are preformed. Calibrated liquid refractive oils are used as liquid mouting medium. These oils are used for identification (dispersion staining). A calibrated visual estimation is reported, should any asbestiform mineral be present. Other techniques such as acid washing are used in conjugation with refractive oils for detection of smaller quantities of asbestos. All asbestos percentages are based on calibrated visual estimation traceable to NIST standards for regulated of asbestos. Traceability to measurement and calibration is achieved by using known amounts and types of asbestos from standards where analyst and laboratory accuracy are measured. As little as 0.001% asbestos can be detected in favorable samples, while detection in unfavorable samples may approach the detection limit of 0.50% (well above the laboratory definition of trace).

Discussion Vermiculite containing samples may have trace amounts of actinolite-tremolite, where not found be PLM should be analyzed using TEM methods and / or water separation techniques. Suspected actinolite/vermiculite presence will be indicated through the sample comment section of this report.

Fibrous talc containing samples may even contain a related asbestos fiber known as anthophyllite. Under certain conditions the same fiber may actually contain both talc and anthophyllite (a phenomenon called intergrowth). Again, TEM detection methods are recommended. CA Labs PLM report comments will denote suspected amounts of asbestiform anthophyllite with talc, where further analysis is recommended.

Some samples (floor tiles, surfacings, etc.) may contain fibers too small to be delectable by PLM analysis and should be analyzed by TEM bulk protocols.

A "trace asbestos" will be reported if the analyst observes far less than 1% asbestos. CA Labs defines "trace asbestos" as a few fibers detected by the analyst in several preparations and will indicate as such under these circumstances.

Quantification of <1% will actually be reported as <=1% (allowable variance close to 1% is high). Such results are ideal for point counting, and the technique is mandatory for friable samples (NESHAP, Nov. 1990 and clarification letter 8 May 1991) under 1% percent asbestos and the "trace asbestos". In order to make all initial PLM reports issued from CA Labs NESHAP compliant, all <1% asbestos results (except floor tiles) will be point counted at no additional charge.

Qualifications CA Labs is accredited by NVLAP and AIHA for selected test methods for bulk asbestos fiber analysis (PLM) and airborne fiber analysis (TEM). All analysts have a college degree in a natural science (geology, biology, or environmental science) or are recognized by a state professional board in one these disciplines .Extensive in-house training programs are used to augment education background of the analyst. The group leader of polarized light has received supplemental McCrone Research training for asbestos identification. Analysis performed at Crisp Analytical Labs, LLC 2081 Hutton Dr, Suite 301 Carrollton, TX 75006

Dallas NVLAP Lab Code 200349-0 TEM/PLM EPA H20 TX 01402 TDH 30-0235 AIHA PLM Accreditation 102929

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Report CSA10-23 Hazardous Materials Survey Report Page 155 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. C CA Labs, L.L.C. 2081 Hutton, Suite 301 A 12232 Industriplex, Suite 32 Dedicated to Carrollton, TX 75006 Labs Baton Rouge, LA 70809 Quality Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Overview of Project Sample Material Containing Asbestos

Customer Project: 10-4898 Grey Highlands CA Labs Project #: CAL10031098MV Sample # Layer Analysts Physical Description of Asbestos type / # Subsample calibrated visual List of Affected Building estimate percent Material Types

No Asbestos Detected.

Dallas NVLAP Lab Code 200349-0 TEM/PLM EPA H20 TX 01402 TDH 30-0235 AIHA PLM Accreditation 102929

Glossary of abbreviations (non-asbestos fibers and non-fibrous minerals): ca - carbonate pe - perlite fg - fiberglass pa - palygorskite (clay) gypsum - gypsum qu - quartz mw - mineral wool bi - binder wo - wollastinite or - organic ta - talc ma - matrix sy - synthetic mi - mica ce - cellulose ve - vermiculite br - brucite ot - other ka - kaolin (clay)

This report relates to the items tested. This report is not to be used by the customer to claim product certification, approval or endorsement by NVLAP, NIST or any other agency of the federal government. This report may not be reproduced except in full without written permission from CA Labs. These results are submitted pursuant to CA Labs' current terms and sale, condition of sale, including the company's standard warranty and limitations of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or interpreted. Unless notified in writing to return the samples covered by this report, CA Labs will store the samples for a period of ninety (90) days before discarding. A shipping or handling fee may be assessed for the return of any samples.

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Report CSA10-23 Hazardous Materials Survey Report Page 156 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. CA Labs, L.L.C. 2081 Hutton, Suite 301 12232 Industriplex, Suite 32 Dedicated to Carrollton, TX 75006 Baton Rouge, LA 70809 Quality Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Polarized Light Asbestiform Materials Characterization

Customer Info: Attn: Customer Project: CA Labs Project #: Advanced Environmental Corp. CAL10031098MV 4093 Meadowbrook Dr, #114 London, Ontario N6L1G2 10-4898 Grey Highlands Date: 3/2/2010 Turnaround Time: Samples Received: 2/26/10 9am Phone # 519-652-6105 3 days Fax # 519-652-1709 Purchase Order #: Sample # Com Layer Analysts Physical Description of Homo- Asbestos type / Non-asbestos fiber Non-fibrous type ment # Subsample geneo calibrated visual type / percent / percent us estimate percent (Y/N)

01-01- 01-01 1 Light Grey VCT/ gray floor tile y None Detected 100% qu,ca

01-01- 5 2 black mastic

01-02- 01-02 1 Light Grey VCT/ gray floor tile y None Detected 100% qu,ca

01-02- 2 black mastic y None Detected 100% gy,ma

01-03- 01-03 1 Light Grey VCT/ gray floor tile y None Detected 100% qu,ca

01-03- 2 black mastic y None Detected 100% gy,ma

02-01- 02-01 1 Bar 2x2 PH/ white surfacing y None Detected 100% qu,ca Dallas NVLAP Lab Code 200349-0 TEM/PLM EPA H20 TX 01402 TDH 30-0235 AIHA PLM Accreditation 102929 Analysis Method: Interim (40CFR Part 763 Appendix E to Subpart E) / Improved (EPA-600 / R-93/116) Preparation Method: HCL acid washing for carbonate based samples, chemical reduction for organically bound components, oil immersion for identification of asbestos types by dispersion attaining / becke line method. ca - carbonate mi - mica fg - fiberglass ce - cellulose gypsum - gypsum ve - vermiculite mw - mineral wool br - brucite bi - binder ot -other wo - wollastinite ka - kaolin (clay) or - organic pe - perlite ta - talc pa - palygorskite (clay) Approved Signatories: ma - matrix qu - quartz sy - synthetic

______Leslie Crisp QAC Technical Manager Analyst Leslie Crisp, P.G. Chad Lytle 1. Fire Damage significant fiber damage - reported percentages reflect unaltered fibers 6. Anthophyllite in association with Fibrous Talc 2. Fire Damage no significant fiber damages effecting fibrous percentages 7. Contamination suspected from other building materials 3. Actinolite in association with Vermiculite 8. Favorable scenario for water separation on vermiculite for possible analysis by another method 4. Layer not analyzed - attached to previous positive layer and contamination is suspected 9. < 1% Result point counted positive 5. Not enough sample to analyze 10. TEM analysis suggested

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Report CSA10-23 Hazardous Materials Survey Report Page 157 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. CA Labs, L.L.C. 2081 Hutton, Suite 301 12232 Industriplex, Suite 32 Dedicated to Carrollton, TX 75006 Baton Rouge, LA 70809 Quality Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Polarized Light Asbestiform Materials Characterization

Customer Info : Attn: Customer Project: CA Labs Project #: Advanced Environmental Corp. CAL10031098MV 4093 Meadowbrook Dr, #114 London, Ontario N6L1G2 10-4898 Grey Highlands Date: 3/2/2010 Turnaround Time: Samples Received: 2/26/10 9am Phone # 519-652-6105 3 days Fax # 519-652-1709 Purchase Order #: Sample # Com Layer Analysts Physical Description of Homo- Asbestos type / Non-asbestos fiber Non-fibrous type ment # Subsample geneo calibrated visual type / percent / percent us estimate percent (Y/N)

02-01- 49% ce 2 gray ceiling tile y None Detected 17% fg 34% ot

02-02- 02-02 1 Bar 2x2 PH/ white surfacing y None Detected 100% qu,ca

02-02- 42% ce 2 gray ceiling tile y None Detected 19% fg 39% ot

02-03- 02-03 1 Bar 2x2 PH/ white compound y None Detected 100% qu,bi,ca

02-03- 52% ce 2 gray ceiling tile y None Detected 17% fg 31% ot

03-01- 03-01 1 Dark Grey VCT/ gray floor tile y None Detected 100% qu,ca

03-01- 2 tan mastic y None Detected 1% ce 99% gy,ma Dallas NVLAP Lab Code 200349-0 TEM/PLM EPA H20 TX 01402 TDH 30-0235 AIHA PLM Accreditation 102929 Analysis Method: Interim (40CFR Part 763 Appendix E to Subpart E) / Improved (EPA-600 / R-93/116) Preparation Method: HCL acid washing for carbonate based samples, chemical reduction for organically bound components, oil immersion for identification of asbestos types by dispersion attaining / becke line method. ca - carbonate mi - mica fg - fiberglass ce - cellulose gypsum - gypsum ve - vermiculite mw - mineral wool br - brucite bi - binder ot -other wo - wollastinite ka - kaolin (clay) or - organic pe - perlite ta - talc pa - palygorskite (clay) Approved Signatories: ma - matrix qu - quartz sy - synthetic

______Leslie Crisp QAC Technical Manager Analyst Leslie Crisp, P.G. Chad Lytle 1. Fire Damage significant fiber damage - reported percentages reflect unaltered fibers 6. Anthophyllite in association with Fibrous Talc 2. Fire Damage no significant fiber damages effecting fibrous percentages 7. Contamination suspected from other building materials 3. Actinolite in association with Vermiculite 8. Favorable scenario for water separation on vermiculite for possible analysis by another method 4. Layer not analyzed - attached to previous positive layer and contamination is suspected 9. < 1% Result point counted positive 5. Not enough sample to analyze 10. TEM analysis suggested

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Report CSA10-23 Hazardous Materials Survey Report Page 158 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. CA Labs, L.L.C. 2081 Hutton, Suite 301 12232 Industriplex, Suite 32 Dedicated to Carrollton, TX 75006 Baton Rouge, LA 70809 Quality Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Polarized Light Asbestiform Materials Characterization

Customer Info : Attn: Customer Project: CA Labs Project #: Advanced Environmental Corp. CAL10031098MV 4093 Meadowbrook Dr, #114 London, Ontario N6L1G2 10-4898 Grey Highlands Date: 3/2/2010 Turnaround Time: Samples Received: 2/26/10 9am Phone # 519-652-6105 3 days Fax # 519-652-1709 Purchase Order #: Sample # Com Layer Analysts Physical Description of Homo- Asbestos type / Non-asbestos fiber Non-fibrous type ment # Subsample geneo calibrated visual type / percent / percent us estimate percent (Y/N)

03-02- 03-02 1 Dark Grey VCT/ gray floor tile y None Detected 100% qu,ca

03-02- 2 tan mastic y None Detected 1% ce 99% gy,ma

03-03- 03-03 1 Dark Grey VCT/ gray floor tile y None Detected 100% qu,ca

03-03- 2 tan mastic y None Detected 100% ma

04-01- Womens W/R TC/ white 04-01 8 1 textured surfacing y None Detected 100% ve,ca

04-02- Womens W/R TC/ white 04-02 8 1 textured surfacing y None Detected 100% ve,ca

04-03- Hall Area TC/ white textured 04-03 1 surfacing y None Detected 100% ve,ca Dallas NVLAP Lab Code 200349-0 TEM/PLM EPA H20 TX 01402 TDH 30-0235 AIHA PLM Accreditation 102929 Analysis Method: Interim (40CFR Part 763 Appendix E to Subpart E) / Improved (EPA-600 / R-93/116) Preparation Method: HCL acid washing for carbonate based samples, chemical reduction for organically bound components, oil immersion for identification of asbestos types by dispersion attaining / becke line method. ca - carbonate mi - mica fg - fiberglass ce - cellulose gypsum - gypsum ve - vermiculite mw - mineral wool br - brucite bi - binder ot -other wo - wollastinite ka - kaolin (clay) or - organic pe - perlite ta - talc pa - palygorskite (clay) Approved Signatories: ma - matrix qu - quartz sy - synthetic

______Leslie Crisp QAC Technical Manager Analyst Leslie Crisp, P.G. Chad Lytle 1. Fire Damage significant fiber damage - reported percentages reflect unaltered fibers 6. Anthophyllite in association with Fibrous Talc 2. Fire Damage no significant fiber damages effecting fibrous percentages 7. Contamination suspected from other building materials 3. Actinolite in association with Vermiculite 8. Favorable scenario for water separation on vermiculite for possible analysis by another method 4. Layer not analyzed - attached to previous positive layer and contamination is suspected 9. < 1% Result point counted positive 5. Not enough sample to analyze 10. TEM analysis suggested

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Report CSA10-23 Hazardous Materials Survey Report Page 159 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. CA Labs, L.L.C. 2081 Hutton, Suite 301 12232 Industriplex, Suite 32 Dedicated to Carrollton, TX 75006 Baton Rouge, LA 70809 Quality Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Polarized Light Asbestiform Materials Characterization

Customer Info : Attn: Customer Project: CA Labs Project #: Advanced Environmental Corp. CAL10031098MV 4093 Meadowbrook Dr, #114 London, Ontario N6L1G2 10-4898 Grey Highlands Date: 3/2/2010 Turnaround Time: Samples Received: 2/26/10 9am Phone # 519-652-6105 3 days Fax # 519-652-1709 Purchase Order #: Sample # Com Layer Analysts Physical Description of Homo- Asbestos type / Non-asbestos fiber Non-fibrous type ment # Subsample geneo calibrated visual type / percent / percent us estimate percent (Y/N)

04-04- Storage Area TC/ white 04-04 1 textured surfacing y None Detected 100% ve,ca

04-05- Foyer TCP/ white textured 04-05 1 surfacing y None Detected 100% ve,ca

05-01- White Texture Coat - Hall 05-01 1 Area/ white textured surfacing y None Detected 100% ve,ca

05-02- White Texture Coat - Hall 05-02 1 Area/ white textured surfacing y None Detected 100% ve,ca

05-03- White Texture Coat - Hall 05-03 1 Area/ white textured surfacing y None Detected 100% ve,ca

06-01- Kitchen DWC/ white 06-01 1 compound y None Detected 100% qu,ca

06-02- Kitchen DWC/ white 06-02 1 compound y None Detected 100% qu,ca Dallas NVLAP Lab Code 200349-0 TEM/PLM EPA H20 TX 01402 TDH 30-0235 AIHA PLM Accreditation 102929 Analysis Method: Interim (40CFR Part 763 Appendix E to Subpart E) / Improved (EPA-600 / R-93/116) Preparation Method: HCL acid washing for carbonate based samples, chemical reduction for organically bound components, oil immersion for identification of asbestos types by dispersion attaining / becke line method. ca - carbonate mi - mica fg - fiberglass ce - cellulose gypsum - gypsum ve - vermiculite mw - mineral wool br - brucite bi - binder ot -other wo - wollastinite ka - kaolin (clay) or - organic pe - perlite ta - talc pa - palygorskite (clay) Approved Signatories: ma - matrix qu - quartz sy - synthetic

______Leslie Crisp QAC Technical Manager Analyst Leslie Crisp, P.G. Chad Lytle 1. Fire Damage significant fiber damage - reported percentages reflect unaltered fibers 6. Anthophyllite in association with Fibrous Talc 2. Fire Damage no significant fiber damages effecting fibrous percentages 7. Contamination suspected from other building materials 3. Actinolite in association with Vermiculite 8. Favorable scenario for water separation on vermiculite for possible analysis by another method 4. Layer not analyzed - attached to previous positive layer and contamination is suspected 9. < 1% Result point counted positive 5. Not enough sample to analyze 10. TEM analysis suggested

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Report CSA10-23 Hazardous Materials Survey Report Page 160 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. CA Labs, L.L.C. 2081 Hutton, Suite 301 12232 Industriplex, Suite 32 Dedicated to Carrollton, TX 75006 Baton Rouge, LA 70809 Quality Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Polarized Light Asbestiform Materials Characterization

Customer Info : Attn: Customer Project: CA Labs Project #: Advanced Environmental Corp. CAL10031098MV 4093 Meadowbrook Dr, #114 London, Ontario N6L1G2 10-4898 Grey Highlands Date: 3/2/2010 Turnaround Time: Samples Received: 2/26/10 9am Phone # 519-652-6105 3 days Fax # 519-652-1709 Purchase Order #: Sample # Com Layer Analysts Physical Description of Homo- Asbestos type / Non-asbestos fiber Non-fibrous type ment # Subsample geneo calibrated visual type / percent / percent us estimate percent (Y/N)

06-03- 06-03 1 Bar DWC/ white compound y None Detected 100% qu,ca

Dallas NVLAP Lab Code 200349-0 TEM/PLM EPA H20 TX 01402 TDH 30-0235 AIHA PLM Accreditation 102929 Analysis Method: Interim (40CFR Part 763 Appendix E to Subpart E) / Improved (EPA-600 / R-93/116) Preparation Method: HCL acid washing for carbonate based samples, chemical reduction for organically bound components, oil immersion for identification of asbestos types by dispersion attaining / becke line method. ca - carbonate mi - mica fg - fiberglass ce - cellulose gypsum - gypsum ve - vermiculite mw - mineral wool br - brucite bi - binder ot -other wo - wollastinite ka - kaolin (clay) or - organic pe - perlite ta - talc pa - palygorskite (clay) Approved Signatories: ma - matrix qu - quartz sy - synthetic

______Leslie Crisp QAC Technical Manager Analyst Leslie Crisp, P.G. Chad Lytle 1. Fire Damage significant fiber damage - reported percentages reflect unaltered fibers 6. Anthophyllite in association with Fibrous Talc 2. Fire Damage no significant fiber damages effecting fibrous percentages 7. Contamination suspected from other building materials 3. Actinolite in association with Vermiculite 8. Favorable scenario for water separation on vermiculite for possible analysis by another method 4. Layer not analyzed - attached to previous positive layer and contamination is suspected 9. < 1% Result point counted positive 5. Not enough sample to analyze 10. TEM analysis suggested

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Report CSA10-23 Hazardous Materials Survey Report Page 161 of 312 (Kinplex) CA Labs Crisp Analytical, L.L.C. C CA Labs, L.L.C. 2081 Hutton, Suite 301 A 12232 Industriplex, Suite 32 Dedicated to Quality Carrollton, TX 75006 Labs Baton Rouge, LA 70809 Phone 972-488-1414 Phone 225-751-5632 Fax 972-488-8006 Fax 225-751-5634

Atomic Absorption Lead Report

Analysis Method: Lead in Paint analyzed by Atomic Absorption (AA)/SW-846-7420; This analysis is not covered by the scope of accreditation by NVLAP or AIHA.

Sample Prep Method: Samples are dissolved in nitric acid, extracted, and analyzed on a properly calibrated AA; Absorbency curve was calculated, bandwidth corrected, and wavelength at the time of the analysis was measured and recorded.

Client Information: Client Project: CA Labs Project #: Advanced Environmental Corp. 10-4898 Grey Highlands CAL10031097MV 4093 Meadowbrook Dr., Unit 114 London, ON N6L1G2 Date: 03/02/10

Phone: 519-652-6105 Turnaround Time: 3 days Samples Received: 02/26/10 9am

Fax: 519-652-1709 Attn: Purchase Order #:

Sample# Sample Concentration: Weight Percent: parts per million (ppm)

1 White Paint - Hall <1.00 <98.62 <0.0099 2 Cream Paint - Kitchen <1.00 <99.01 <0.0099 Lab Blank < 1.00 ------Quality Control: Duplicate: 2.3 RPD Spike: 97.1 % Recovery

NVLAP # 200349-0 Approved Signatories:

______TDH # 30-0235 ______Scott Corriveau Leslie Crisp Chad Lytle Analyst Page 1 of 1 Laboratory Director Senior Analyst Notes: The current guidelines for lead in air activities from OSHA 29 CFR 1910.1025 and OSHA CFR 1926.62 are 50 µg/m3 (PEL 8 hr.) and 30 µg/m3 (AL 8 hr.). The guidelines from EPA 40 CFR 50.12 are 1.5 µg/m3 (ambient, quarterly).

CA Labs is participating in ELPAT rounds sponsored by American Industrial Hygiene Association (AIHA) and National Lead Laboratory Program (NVLAP). This test report relates only to the items tested. This test reports relates only to the items tested. Neither AIHA, NVLAP nor EPA accreditation implies endorsement by any US Government agency. CA Labs is accredited by AIHA for fungi. This report may not be reproduced except in full without written permission from CA Labs.

These results are submitted pursuant to CA Labs’ current terms and condition of sale, including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or interpreted. Unless notified in writing to return the samples covered by this report, CA Labs will store the samples for a period of ninety (90) days before discarding. A shipping and handling fee may be assessed for the return of any samples.

Analysis performed at Crisp Analytical Labs, LLC 2081 Hutton Dr. Suite 301 Carrollton, TX 75006; phone (972) 488-1414, fax (fax) 488-8006, mobile (214) 564-8366.

Report CSA10-23 Hazardous Materials Survey Report Page 162 of 312 (Kinplex)

APPENDIX II

ROOM-BY-ROOM ASBESTOS MATERIALS SUMMARY

Report CSA10-23 Hazardous Materials Survey Report Page 163 of 312 (Kinplex)

ASBESTOS ASSESSMENT ACCESSIBILITY AND ACTION CODES

ACCESSIBILITY CODES

A Accessible to all occupants of the building; B Accessible to maintenance staff without a ladder; C Accessible to maintenance staff with a ladder; and, D Not accessible without demolition or removal of fixed building components or building systems.

ACTION CODES

1. Action dealing with the immediate cleanup of fallen ACM likely to be disturbed. 2. Action dealing with the need to use Type 2 asbestos procedures to enter an area (other than a ceiling space). 3. Action dealing with performing asbestos removal for compliance with the regulations. 4. Action for dealing with Type 2 asbestos procedures for ceiling entry where friable ACM debris is present on top of a ceiling system. 5. Action dealing with the removal of asbestos that goes beyond compliance requirements but simplifies the asbestos management. 6. Action dealing with the repair of asbestos. 7. Action dealing with ACM surveillance requirements of the regulations. 8. Action for dealing with material that may contain asbestos but not conclusively identified in the survey.

Report CSA10-23 Hazardous Materials Survey Report Page 164 of 312 (Kinplex) (Kinplex) Report CSA10 Asbestos Status Report (sorted by Building umber) UPPER(BUILD:BuildingNumber) = '10-4898' Registered user: Advanced Environmental Corp. Design Description Quantity Cond. Asbestos type Access. Action Visible Friable Sample - 23 Hazardous Materials Survey Report Building umber : 10-4898 Building ame : Flesherton Kinplex Survey Date :

Level : Room : EXTERIOR Asbestos Present : No

Wall Steel Comments: Steel Siding

Level : 1 Room : BAR Asbestos Present : No

Ceiling Non-Asbestos 2 x 2 Lay-in Tile 02-1.2.3 Ceiling Non-Asbestos Drywall Compound 06-03 Floor Non-Asbestos Vinyl Flooring 03 Wall Non-Asbestos Drywall Compound 06 Comments: 4ft2 of water damaged drywall above lay-in tile

Level : 1 Room : ENTRANCE Asbestos Present : No

Ceiling Non-Asbestos Texture Finish 04-05 Floor Ceramic Tile Page 165 of312 Wall Non-Asbestos Drywall Compound 06 Comments: Ballast Ultrasave (New) No PCBs

Level : 1 Room : FURNACE Asbestos Present : No

Ceiling Non-Asbestos Drywall Compound 06

Building Number :10-4898 Page: 1 of 4 Printed: MAR 10,2010 (Kinplex) Report CSA10 Asbestos Status Report (sorted by Building umber) UPPER(BUILD:BuildingNumber) = '10-4898' Registered user: Advanced Environmental Corp. Design Description Quantity Cond. Asbestos type Access. Action Visible Friable Sample - 23 Hazardous Materials Survey Report Floor Non-Asbestos Vinyl Flooring 01 Wall Non-Asbestos Drywall Compound 06 Comments: 4ft2 of water damaged near exterior door No visible asbestos within access hatch. Fibreglass insualtion Phillips R2C34TPC - No PCB (leaking)

Level : 1 Room : HALL Asbestos Present : No

Ceiling Non-Asbestos Texture Finish 04-03 Floor Non-Asbestos Vinyl Flooring 01 AND 03 Wall Non-Asbestos Textured Finish 05-01,02,03 Comments: Two floor tile types. Both non-acm. Ballast Phillips RQM-2S40TPC -No PCB (3 locations inspected), leaking White wall paint <0.0099 %pb 5ft2 of water damaged ceiling

Level : 1 Room : HALL COATS Asbestos Present : No

Ceiling Non-Asbestos Texture Finish 04-05 Floor Non-Asbestos Vinyl Flooring 03 Page 166 of312 Wall Non-Asbestos Textured Finish 05 Comments: Ballast Phillips RQM-2S40TPC -No PCB White wall paint <0.0099 %pb Includes adjacent storage room",É Í

Level : 1 Room : K. WASHROOM Asbestos Present : No

Building Number :10-4898 Page: 2 of 4 Printed: MAR 10,2010 (Kinplex) Report CSA10 Asbestos Status Report (sorted by Building umber) UPPER(BUILD:BuildingNumber) = '10-4898' Registered user: Advanced Environmental Corp. Design Description Quantity Cond. Asbestos type Access. Action Visible Friable Sample - 23 Hazardous Materials Survey Report Ceiling Non-Asbestos Drywall Compound 06 Floor Non-Asbestos Vinyl Flooring 03 Wall Non-Asbestos Drywall Compound 06 Comments:

Level : 1 Room : KITCHEN Asbestos Present : No

Ceiling Non-Asbestos Drywall Compound 06-01 Floor Non-Asbestos Vinyl Flooring 03 Wall Non-Asbestos Drywall Compound 06-02 Comments: Sylvania - marked Non-pcb, leaking 25ft2 of water damaged and moud impacted drywall near stove Cream paint <0.0099%Pb

Level : 1 Room : LADIES Asbestos Present : No

Ceiling Non-Asbestos Texture Finish 04-1,2 Floor Ceramic Tile Wall Concrete (Block)

Page 167 of312 Comments:

Level : 1 Room : MENS Asbestos Present : No

Ceiling Non-Asbestos Drywall Compound 06 Floor Ceramic Tile Wall Concrete (Block)

Building Number :10-4898 Page: 3 of 4 Printed: MAR 10,2010 (Kinplex) Report CSA10 Asbestos Status Report (sorted by Building umber) UPPER(BUILD:BuildingNumber) = '10-4898' Registered user: Advanced Environmental Corp. Design Description Quantity Cond. Asbestos type Access. Action Visible Friable Sample - 23 Hazardous Materials Survey Report Comments: Page 168 of312

Building Number :10-4898 Page: 4 of 4 Printed: MAR 10,2010

APPENDIX III

BUILDING DRAWINGS

Report CSA10-23 Hazardous Materials Survey Report Page 169 of 312 (Kinplex) Report CSA10-23 Hazardous Materials Survey Report Page 170 of 312 (Kinplex)

APPENDIX IV

ONTARIO REGULATION 278/05

Report CSA10-23 Hazardous Materials Survey Report Page 171 of 312 (Kinplex) Occupational Health and Safety Act Loi sur la santé et la sécurité au travail

ONTARIO REGULATION 278/05 No Amendments DESIGNATED SUBSTANCE — ASBESTOS ON CONSTRUCTION PROJECTS AND IN BUILDINGS AND REPAIR OPERATIONS

Notice of Currency:* This document is up to date. *This notice is usually current to within two business days of accessing this document. For more current amendment information, see the Table of Regulations – Legislative History Overview.

This Regulation is made in English only.

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CONTENTS 1. Definitions 2. Application 3. Adoption of standard 4. Restrictions re sprayed material, insulation, sealants 5. Information for workers 6. Demolition 7. Ongoing asbestos management in buildings, two-year transitional period 8. Ongoing asbestos management in buildings after transitional period 9. Responsibility of employer other than owner 10. Owner’s responsibilities before requesting tender or arranging work 11. Advance notice re Type 3 operations and certain Type 2 operations 12. Type 1, Type 2 and Type 3 operations 13. Respirators 14. Measures and procedures, Type 1 operations 15. Measures and procedures, Type 2 and Type 3 operations 16. Additional measures and procedures, Type 2 operations 17. Additional measures and procedures, glove bag operations 18. Additional measures and procedures, Type 3 operations 19. Instruction and training 20. Asbestos abatement training programs 21. Asbestos work report 22. Asbestos Workers Register 23. Use of equivalent measure or procedure 24. Notice to inspector Table 1 Bulk material samples Table 2 Respirators Table 3 Air samples Definitions 1. (1) In this Regulation, “asbestos” means any of the fibrous silicates listed in subsection (2); “asbestos-containing material” means material that contains 0.5 per cent or more asbestos by dry weight; “building” means any structure, vault, chamber or tunnel including, without limitation, the electrical, plumbing, heating and air handling equipment (including rigid duct work) of the structure, vault, chamber or tunnel; “competent worker”, in relation to specific work, means a worker who, (a) is qualified because of knowledge, training and experience to perform the work, (b) is familiar with the Act and with the provisions of the regulations that apply to the work, and (c) has knowledge of all potential or actual danger to health or safety in the work; 1

Report CSA10-23 Hazardous Materials Survey Report Page 172 of 312 (Kinplex) “demolition” includes dismantling and breaking up; “examine”, when used with reference to material, means to carry out procedures in accordance with section 3 to establish its asbestos content and to establish the type of asbestos, and “examination” has a corresponding meaning; “friable material” means material that, (a) when dry, can be crumbled, pulverized or powdered by hand pressure, or (b) is crumbled, pulverized or powdered; “HEPA filter” means a high efficiency particulate aerosol filter that is at least 99.97 per cent efficient in collecting a 0.3 micrometre aerosol; “homogeneous material” means material that is uniform in colour and texture; “joint health and safety committee” means, (a) a joint health and safety committee established under section 9 of the Act, (b) a similar committee described in subsection 9 (4) of the Act, or (c) the workers or their representatives who participate in an arrangement, program or system described in subsection 9 (4) of the Act; “occupier” has the same meaning as in the Occupiers’ Liability Act; “Type 1 operation” means an operation described in subsection 12 (2); “Type 2 operation” means an operation described in subsection 12 (3); “Type 3 operation” means an operation described in subsection 12 (4). O. Reg. 278/05, s. 1 (1). (2) The fibrous silicates referred to in the definition of “asbestos” in subsection (1) are: 1. Actinolite. 2. Amosite. 3. Anthophyllite. 4. Chrysotile. 5. Crocidolite. 6. Tremolite. O. Reg. 278/05, s. 1 (2). Application 2. (1) This Regulation applies to, (a) every project, its owner, and every constructor, employer and worker engaged in or on the project; (b) the repair, alteration or maintenance of a building, the owner of the building, and every employer and worker engaged in the repair, alteration or maintenance; (c) every building in which material that may be asbestos-containing material has been used, and the owner of the building; (d) the demolition of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles, and every employer and worker engaged in the demolition; and (e) subject to subsection (3), (i) work described in subsection (2) in which asbestos-containing material is likely to be handled, dealt with, disturbed or removed, and (ii) every employer and worker engaged in the work. O. Reg. 278/05, s. 2 (1). (2) Clause (1) (e) applies to, (a) the repair, alteration or maintenance of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles; and (b) work on a building that is necessarily incidental to the repair, alteration or maintenance of machinery or equipment. O. Reg. 278/05, s. 2 (2). (3) This Regulation does not apply to an employer to whom Regulation 837 of the Revised Regulations of Ontario, 1990 (Designated Substance — Asbestos) applies in respect of those workers employed by the employer and engaged in the

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Report CSA10-23 Hazardous Materials Survey Report Page 173 of 312 (Kinplex) activities described in clause (1) (e) if the employer has on or before December 16, 1985 put into effect and maintained measures and procedures to control the exposure of workers to asbestos and has incorporated the same in an asbestos control program in accordance with Regulation 837 of the Revised Regulations of Ontario, 1990. O. Reg. 278/05, s. 2 (3). (4) This Regulation does not apply to an owner of a private residence occupied by the owner or the owner’s family or to an owner of a residential building that contains not more than four dwelling units, one of which is occupied by the registered owner or family of the registered owner. O. Reg. 278/05, s. 2 (4). Adoption of standard 3. (1) For the purposes of this Regulation, the method and procedures for establishing whether material is asbestos- containing material and for establishing its asbestos content and the type of asbestos shall be in accordance with the following standard: 1. U.S. Environmental Protection Agency. Test Method EPA/600/R-93/116: Method for the Determination of Asbestos in Bulk Building Materials. June 1993. O. Reg. 278/05, s. 3 (1). (2) The procedures required by subsection (1) shall be carried out on bulk material samples that are randomly collected by a competent worker and are representative of each area of homogeneous material. O. Reg. 278/05, s. 3 (2). (3) The minimum number of bulk material samples to be collected from an area of homogeneous material is set out in Table 1. O. Reg. 278/05, s. 3 (3). (4) If analysis establishes that a bulk material sample contains 0.5 per cent or more asbestos by dry weight, (a) it is not necessary to analyze other bulk material samples taken from the same area of homogeneous material; and (b) the entire area of homogeneous material from which the bulk material sample was taken is deemed to be asbestos- containing material. O. Reg. 278/05, s. 3 (4). Restrictions re sprayed material, insulation, sealants 4. (1) No person shall apply or install or cause to be applied or installed, by spraying, material containing 0.1 per cent or more asbestos by dry weight that can become friable. O. Reg. 278/05, s. 4 (1). (2) No person shall apply or install or cause to be applied or installed, as thermal insulation, material containing 0.1 per cent or more asbestos by dry weight that can become friable. O. Reg. 278/05, s. 4 (2). (3) A liquid sealant shall not be applied to friable asbestos-containing material if, (a) the material has visibly deteriorated; or (b) the material’s strength and its adhesion to the underlying materials and surfaces are insufficient to support its weight and the weight of the sealant. O. Reg. 278/05, s. 4 (3). Information for workers 5. (1) This section applies whenever a worker is to do work that, (a) involves material that, (i) is asbestos-containing material, (ii) is being treated as if it were asbestos-containing material, (iii) is the subject of advice under section 9 or a notice under subsection 10 (8); or (b) is to be carried on in close proximity to material described in clause (a) and may disturb it. O. Reg. 278/05, s. 5 (1). (2) The constructor or employer shall advise the worker and provide him or her with the following information: 1. The location of all material described in clause (1) (a). 2. For each location, whether the material is friable or non-friable. 3. In the case of sprayed-on friable material, for each location, i. if the material is known to be asbestos-containing material, the type of asbestos, if known, or ii. in any other case, a statement that the material will be treated as though it contained a type of asbestos other than chrysotile. O. Reg. 278/05, s. 5 (2). Demolition 6. (1) The demolition of all or part of machinery, equipment, a building, aircraft, locomotive, railway car, vehicle or ship shall be carried out or continued only when any asbestos-containing material that may be disturbed during the work has been removed to the extent practicable. O. Reg. 278/05, s. 6 (1).

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Report CSA10-23 Hazardous Materials Survey Report Page 174 of 312 (Kinplex) (2) Subsection (1) does not apply so as to prevent work necessary to gain access to the asbestos-containing material that is to be removed, if the workers doing the work are protected from the hazard. O. Reg. 278/05, s. 6 (2). Ongoing asbestos management in buildings, two-year transitional period 7. (1) This section does not apply on or after November 1, 2007. O. Reg. 278/05, s. 7 (1). (2) Subsection (3) applies if, (a) the owner of a building treats friable material that has been used in the building for any purpose related to it, including insulation and fireproofing, as if it were asbestos-containing material; (b) the owner of a building has been advised under section 9 of the discovery of friable material that may be asbestos- containing material; (c) the owner of a building knows or ought reasonably to know that friable asbestos-containing material has been used in a building for any purpose related to the building, including insulation, and fireproofing; (d) an examination under subsection (8) or section 10 establishes, or would have established if carried out as required, that friable asbestos-containing material has been used in a building for any purpose related to the building, including insulation and fireproofing; or (e) a constructor or employer notifies the owner of a building, in accordance with subsection 10 (8), of the discovery of friable material that may be asbestos-containing material and that was not referred to in a report prepared under subsection 10 (4). O. Reg. 278/05, s. 7 (2). (3) If this subsection applies, the owner shall, (a) prepare and keep on the premises a record containing the information set out in subsection (4); (b) give any other person who is an occupier of the building written notice of any information in the record that relates to the area occupied by the person; (c) give any employer with whom the owner arranges or contracts for work that is not described in clause 10 (1) (a) written notice of the information in the record, if the work, (i) may involve material mentioned in the record, or (ii) may be carried on in close proximity to such material and may disturb it; (d) advise the workers employed by the owner who work in the building of the information in the record, if the workers may do work that, (i) involves material mentioned in the record, or (ii) is to be carried on in close proximity to such material and may disturb it; (e) establish and maintain, for the training and instruction of every worker employed by the owner who works in the building and may do work described in clause (d), a program dealing with, (i) the hazards of asbestos exposure, (ii) the use, care and disposal of protective equipment and clothing to be used and worn when doing the work, (iii) personal hygiene to be observed when doing the work, and (iv) the measures and procedures prescribed by this Regulation; and (f) inspect the material mentioned in the record at reasonable intervals in order to determine its condition. O. Reg. 278/05, s. 7 (3). (4) The record shall contain the following information: 1. The location of all material described in clauses (2) (a), (b), (c), (d) and (e). 2. In the case of sprayed-on material, for each location, i. if the material is known to be asbestos-containing material, the type of asbestos, if known, or ii. in any other case, a statement that the material will be treated as though it contained a type of asbestos other than chrysotile. O. Reg. 278/05, s. 7 (4). (5) The owner shall update the record described in clause (3) (a), (a) at least once in each 12-month period; and (b) whenever the owner becomes aware of new information relating to the matters the record deals with. O. Reg. 278/05, s. 7 (5).

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Report CSA10-23 Hazardous Materials Survey Report Page 175 of 312 (Kinplex) (6) If updating under subsection (5) results in any change to the record, clauses (3) (b), (c) and (d) apply with necessary modifications. O. Reg. 278/05, s. 7 (6). (7) An occupier who receives a notice under clause (3) (b) is responsible for performing the duties set out in clauses (3) (d) and (e) with respect to the occupier’s own workers. O. Reg. 278/05, s. 7 (7). (8) If it is readily apparent that friable material used in a building as fireproofing or acoustical or thermal insulation has fallen and is being disturbed so that exposure to the material is likely to occur, (a) the owner shall cause the material to be examined to establish whether it is asbestos-containing material; and (b) until it has been established whether the material is asbestos-containing material, no further work involving the material shall be done. O. Reg. 278/05, s. 7 (8). (9) Subsection (8) does not apply if the work is carried out in accordance with this Regulation as though the material were asbestos-containing material and, in the case of sprayed-on material, as though it contained a type of asbestos other than chrysotile. O. Reg. 278/05, s. 7 (9). (10) If the examination mentioned in subsection (8) establishes that the material is asbestos-containing material, or if the material is treated as though it were asbestos-containing material as described in subsection (9), (a) the owner shall cause the fallen material to be cleaned up and removed; and (b) if it is readily apparent that material will continue to fall because of the deterioration of the fireproofing or insulation, the owner shall repair, seal, remove or permanently enclose the fireproofing or insulation. O. Reg. 278/05, s. 7 (10). (11) Subsection (10) does not apply if the fallen material is confined to an area that is, (a) above a closed false ceiling; and (b) not part of a return air plenum. O. Reg. 278/05, s. 7 (11). Ongoing asbestos management in buildings after transitional period 8. (1) This section applies on and after November 1, 2007. O. Reg. 278/05, s. 8 (1). (2) Subsection (3) applies if, (a) the owner of a building treats material that has been used in the building for any purpose related to it, including insulation, fireproofing and ceiling tiles, as if it were asbestos-containing material; (b) the owner of a building has been advised under section 9 of the discovery of material that may be asbestos-containing material; (c) the owner of a building knows or ought reasonably to know that asbestos-containing material has been used in a building for any purpose related to the building, including insulation, fireproofing and ceiling tiles; (d) an examination under subsection (8) or section 10 establishes, or would have established if carried out as required, that asbestos-containing material has been used in a building for any purpose related to the building, including insulation, fireproofing and ceiling tiles; or (e) a constructor or employer advises the owner of a building, in accordance with subsection 10 (8), of the discovery of material that may be asbestos-containing material and that was not referred to in a report prepared under subsection 10 (4). O. Reg. 278/05, s. 8 (2). (3) If this subsection applies, the owner shall, (a) prepare and keep on the premises a record containing the information set out in subsection (4); (b) give any other person who is an occupier of the building written notice of any information in the record that relates to the area occupied by the person; (c) give any employer with whom the owner arranges or contracts for work that is not described in clause 10 (1) (a) written notice of the information in the record, if the work, (i) may involve material mentioned in the record, or (ii) may be carried on in close proximity to such material and may disturb it; (d) advise the workers employed by the owner who work in the building of the information in the record, if the workers may do work that, (i) involves material mentioned in the record, or (ii) is to be carried on in close proximity to such material and may disturb it;

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Report CSA10-23 Hazardous Materials Survey Report Page 176 of 312 (Kinplex) (e) establish and maintain, for the training and instruction of every worker employed by the owner who works in the building and may do work described in clause (d), a program dealing with, (i) the hazards of asbestos exposure, (ii) the use, care and disposal of protective equipment and clothing to be used and worn when doing the work, (iii) personal hygiene to be observed when doing the work, and (iv) the measures and procedures prescribed by this Regulation; and (f) inspect the material mentioned in the record at reasonable intervals in order to determine its condition. O. Reg. 278/05, s. 8 (3). (4) The record shall contain the following information: 1. The location of all material described in clauses (2) (a), (b), (c), (d) and (e). 2. For each location, whether the material is friable or non-friable. 3. In the case of friable sprayed-on material, for each location, i. if the material is known to be asbestos-containing material, the type of asbestos, if known, or ii. in any other case, a statement that the material will be treated as though it contained a type of asbestos other than chrysotile. O. Reg. 278/05, s. 8 (4). (5) The owner shall update the record described in clause (3) (a), (a) at least once in each 12-month period; and (b) whenever the owner becomes aware of new information relating to the matters the record deals with. O. Reg. 278/05, s. 8 (5). (6) If updating under subsection (5) results in any change to the record, clauses (3) (b), (c) and (d) apply with necessary modifications. O. Reg. 278/05, s. 8 (6). (7) An occupier who receives a notice under clause (3) (b) is responsible for performing the duties set out in clauses (3) (d) and (e) with respect to the occupier’s own workers. O. Reg. 278/05, s. 8 (7). (8) If it is readily apparent that friable material used in a building as fireproofing or acoustical or thermal insulation has fallen and is being disturbed so that exposure to the material is likely to occur, (a) the owner shall cause the material to be examined to establish whether it is asbestos-containing material; and (b) until it has been established whether the material is asbestos-containing material, no further work involving the material shall be done. O. Reg. 278/05, s. 8 (8). (9) Subsection (8) does not apply if the work is carried out in accordance with this Regulation as though the material were asbestos-containing material and, in the case of friable sprayed-on material, as though it contained a type of asbestos other than chrysotile. O. Reg. 278/05, s. 8 (9). (10) If the examination mentioned in subsection (8) establishes that the material is asbestos-containing material, or if the material is treated as though it were asbestos-containing material as described in subsection (9), (a) the owner shall cause the fallen material to be cleaned up and removed; and (b) if it is readily apparent that material will continue to fall because of the deterioration of the fireproofing or insulation, the owner shall repair, seal, remove or permanently enclose the fireproofing or insulation. O. Reg. 278/05, s. 8 (10). (11) Subsection (10) does not apply if the fallen material is confined to an area that is, (a) above a closed false ceiling; and (b) not part of a return air plenum. O. Reg. 278/05, s. 8 (11). Responsibility of employer other than owner 9. An employer whose workers work in a building of which the employer is not the owner shall advise the owner if the workers discover material that may be asbestos-containing material in the building. O. Reg. 278/05, s. 9. Owner’s responsibilities before requesting tender or arranging work 10. (1) An owner shall comply with subsections (2), (3), (4), (5) and (6) before, (a) requesting tenders for the demolition, alteration or repair of all or part of machinery, equipment, or a building, aircraft, locomotive, railway car, vehicle or ship; or (b) arranging or contracting for any work described in clause (a), if no tenders are requested. O. Reg. 278/05, s. 10 (1).

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Report CSA10-23 Hazardous Materials Survey Report Page 177 of 312 (Kinplex) (2) Unless clause (3) (a) or (b) applies, the owner shall have an examination carried out in accordance with section 3 to establish whether any material that is likely to be handled, dealt with, disturbed or removed, whether friable or non-friable, is asbestos-containing material. O. Reg. 278/05, s. 10 (2). (3) An examination under subsection (2) is not required if, (a) the owner, (i) already knows that the material is not asbestos-containing material, or (ii) already knows that the material is asbestos-containing material and, in the case of sprayed-on friable material, knows the type of asbestos; or (b) the work is being arranged or contracted for in accordance with this Regulation as though the material were asbestos- containing material and, in the case of sprayed-on friable material, as though it contained a type of asbestos other than chrysotile. O. Reg. 278/05, s. 10 (3). (4) Whether an examination is required under subsection (2) or not, the owner shall have a report prepared, (a) stating whether, (i) the material is or is not asbestos-containing material, or (ii) the work is to be performed in accordance with this Regulation as though the material were asbestos-containing material and, in the case of sprayed-on friable material, as though it contained a type of asbestos other than chrysotile; (b) describing the condition of the material and stating whether it is friable or non-friable; and (c) containing drawings, plans and specifications, as appropriate, to show the location of the material identified under clause (a). O. Reg. 278/05, s. 10 (4). (5) An owner shall give any prospective constructor a copy of the complete report prepared under subsection (4). O. Reg. 278/05, s. 10 (5). (6) Subsection (5) applies, with necessary modifications, with respect to, (a) a constructor and a prospective contractor; and (b) a contractor and a prospective subcontractor. O. Reg. 278/05, s. 10 (6). (7) Subsections (8), (9) and (10) apply if, during work described in clause (1) (a), material is discovered that, (a) was not referred to in the report prepared under subsection (4); and (b) may be asbestos-containing material. O. Reg. 278/05, s. 10 (7). (8) The constructor or employer shall immediately notify, orally and in writing, (a) an inspector at the office of the Ministry of Labour nearest the workplace; (b) the owner; (c) the contractor; and (d) the joint health and safety committee or the health and safety representative, if any, for the workplace. O. Reg. 278/05, s. 10 (8). (9) The written notice referred to in subsection (8) shall include the information referred to in clauses 11 (3) (a) to (f). O. Reg. 278/05, s. 10 (9). (10) No work that is likely to involve handling, dealing with, disturbing or removing the material referred to in subsection (7) shall be done unless, (a) it has been determined under section 3 whether the material is asbestos-containing material; or (b) the work is performed in accordance with this Regulation as though the material were asbestos-containing material and, in the case of sprayed-on friable material, as though it contained a type of asbestos other than chrysotile. O. Reg. 278/05, s. 10 (10). (11) Subsection (10) does not prohibit handling, dealing with, disturbing or removing material for the sole purpose of determining whether it is asbestos-containing material. O. Reg. 278/05, s. 10 (11). Advance notice re Type 3 operations and certain Type 2 operations 11. (1) Before commencing a Type 3 operation, the constructor, in the case of a project, and the employer, in any other case, shall notify, orally and in writing, an inspector at the office of the Ministry of Labour nearest the workplace of the operation. O. Reg. 278/05, s. 11 (1).

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Report CSA10-23 Hazardous Materials Survey Report Page 178 of 312 (Kinplex) (2) Subsection (1) also applies with respect to a Type 2 operation described in paragraph 9 of subsection 12 (3) in which one square metre or more of insulation is to be removed. O. Reg. 278/05, s. 11 (2). (3) The written notice required by subsection (1) shall set out, (a) the name and address of the person giving the notice; (b) the name and address of the owner of the place where the work will be carried out; (c) the municipal address or other description of the place where the work will be carried out sufficient to permit the inspector to locate the place, including the location with respect to the nearest public highway; (d) a description of the work that will be carried out; (e) the starting date and expected duration of the work; and (f) the name and address of the supervisor in charge of the work. O. Reg. 278/05, s. 11 (3). Type 1, Type 2 and Type 3 operations 12. (1) For the purposes of this Regulation, operations that may expose a worker to asbestos are classified as Type 1, Type 2 and Type 3 operations. O. Reg. 278/05, s. 12 (1). (2) The following are Type 1 operations: 1. Installing or removing ceiling tiles that are asbestos-containing material, if the tiles cover an area less than 7.5 square metres and are installed or removed without being broken, cut, drilled, abraded, ground, sanded or vibrated. 2. Installing or removing non-friable asbestos-containing material, other than ceiling tiles, if the material is installed or removed without being broken, cut, drilled, abraded, ground, sanded or vibrated. 3. Breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if, i. the material is wetted to control the spread of dust or fibres, and ii. the work is done only by means of non-powered hand-held tools. 4. Removing less than one square metre of drywall in which joint-filling compounds that are asbestos-containing material have been used. O. Reg. 278/05, s. 12 (2). (3) The following are Type 2 operations: 1. Removing all or part of a false ceiling to obtain access to a work area, if asbestos-containing material is likely to be lying on the surface of the false ceiling. 2. The removal or disturbance of one square metre or less of friable asbestos-containing material during the repair, alteration, maintenance or demolition of all or part of machinery or equipment or a building, aircraft, locomotive, railway car, vehicle or ship. 3. Enclosing friable asbestos-containing material. 4. Applying tape or a sealant or other covering to pipe or boiler insulation that is asbestos-containing material. 5. Installing or removing ceiling tiles that are asbestos-containing material, if the tiles cover an area of 7.5 square metres or more and are installed or removed without being broken, cut, drilled, abraded, ground, sanded or vibrated. 6. Breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if, i. the material is not wetted to control the spread of dust or fibres, and ii. the work is done only by means of non-powered hand-held tools. 7. Removing one square metre or more of drywall in which joint filling compounds that are asbestos-containing material have been used. 8. Breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the work is done by means of power tools that are attached to dust-collecting devices equipped with HEPA filters. 9. Removing insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag. 10. Cleaning or removing filters used in air handling equipment in a building that has sprayed fireproofing that is asbestos- containing material. 11. An operation that, i. is not mentioned in any of paragraphs 1 to 10, ii. may expose a worker to asbestos, and

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Report CSA10-23 Hazardous Materials Survey Report Page 179 of 312 (Kinplex) iii. is not classified as a Type 1 or Type 3 operation. O. Reg. 278/05, s. 12 (3). (4) The following are Type 3 operations: 1. The removal or disturbance of more than one square metre of friable asbestos-containing material during the repair, alteration, maintenance or demolition of all or part of a building, aircraft, ship, locomotive, railway car or vehicle or any machinery or equipment. 2. The spray application of a sealant to friable asbestos-containing material. 3. Cleaning or removing air handling equipment, including rigid ducting but not including filters, in a building that has sprayed fireproofing that is asbestos-containing material. 4. Repairing, altering or demolishing all or part of a kiln, metallurgical furnace or similar structure that is made in part of refractory materials that are asbestos-containing materials. 5. Breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material, if the work is done by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters. 6. Repairing, altering or demolishing all or part of any building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed before March 16, 1986. O. Reg. 278/05, s. 12 (4). (5) Work on ceiling tiles, drywall or friable asbestos-containing material is classified according to the total area on which work is done consecutively in a room or enclosed area, even if the work is divided into smaller jobs. O. Reg. 278/05, s. 12 (5). (6) The following provisions apply if a dispute arises as to the classification of an operation under this section: 1. A party to the dispute may notify an inspector at the office of the Ministry of Labour nearest the workplace of the dispute. 2. The party who notifies the inspector shall promptly inform the other parties that the inspector has been notified. 3. Work on the operation shall cease until the inspector has given a decision under paragraph 4. 4. The inspector shall, as soon as possible, investigate the matter and give the parties a decision in writing. O. Reg. 278/05, s. 12 (6). (7) Nothing in subsection (6) affects an inspector’s power to issue an order for a contravention of this Regulation. O. Reg. 278/05, s. 12 (7). Respirators 13. (1) A respirator provided by an employer and used by a worker in a Type 1, Type 2 or Type 3 operation, (a) shall be fitted so that there is an effective seal between the respirator and the worker’s face, unless the respirator is equipped with a hood or helmet; (b) shall be assigned to a worker for his or her exclusive use, if practicable; (c) shall be used and maintained in accordance with written procedures that are established by the employer and are consistent with the manufacturer’s specifications; (d) shall be cleaned, disinfected and inspected after use on each shift, or more often if necessary, when issued for the exclusive use of one worker, or after each use when used by more than one worker; (e) shall have damaged or deteriorated parts replaced prior to being used by a worker; and (f) when not in use, shall be stored in a convenient, clean and sanitary location. O. Reg. 278/05, s. 13 (1). (2) The following additional requirements apply to a respirator of the supplied air type: 1. The compressed air used for breathing shall meet the standards set out in Table 1 of CSA Standard Z180.1-00, Compressed Breathing Air and Systems (March, 2000). 2. If an oil-lubricated compressor is used to supply breathing air, a continuous carbon monoxide monitor equipped with an alarm shall be provided. 3. If an ambient breathing air system is used, the air intake shall be located in accordance with Appendix B of the standard referred to in paragraph 1. O. Reg. 278/05, s. 13 (2). (3) If respirators are used in the workplace, (a) the employer shall establish written procedures regarding the selection, use and care of respirators; and (b) a copy of the procedures shall be provided to and reviewed with each worker who is required to wear a respirator. O. Reg. 278/05, s. 13 (3).

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Report CSA10-23 Hazardous Materials Survey Report Page 180 of 312 (Kinplex) (4) A worker shall not be assigned to an operation requiring the use of a respirator unless he or she is physically able to perform the operation while using the respirator. O. Reg. 278/05, s. 13 (4). Measures and procedures, Type 1 operations 14. The following measures and procedures apply to Type 1 operations: 1. Before beginning work, visible dust shall be removed with a damp cloth or a vacuum equipped with a HEPA filter from any surface in the work area, including the thing to be worked on, if the dust on that surface is likely to be disturbed. 2. The spread of dust from the work area shall be controlled by measures appropriate to the work to be done including the use of drop sheets of polyethylene or other suitable material that is impervious to asbestos. 3. In the case of an operation mentioned in paragraph 4 of subsection 12 (2), the material shall be wetted before and kept wet during the work to control the spread of dust or fibres, unless wetting would create a hazard or cause damage. 4. A wetting agent shall be added to water that is to be used to control the spread of dust and fibres. 5. Frequently and at regular intervals during the doing of the work and immediately on completion of the work, i. dust and waste shall be cleaned up and removed using a vacuum equipped with a HEPA filter, or by damp mopping or wet sweeping, and placed in a container as described in paragraph 5 of section 15, and ii. drop sheets shall be wetted and placed in a container as described in paragraph 5 of section 15, as soon as practicable after subparagraph i has been complied with. 6. Drop sheets shall not be reused. 7. After the work is completed, polyethylene sheeting and similar materials used for barriers and enclosures shall not be reused, but shall be wetted and placed in a container as described in paragraph 5 of section 15 as soon as practicable after paragraph 5 of this section has been complied with. 8. After the work is completed, barriers and portable enclosures that will be reused shall be cleaned, by using a vacuum equipped with a HEPA filter or by damp wiping, as soon as practicable after paragraphs 5 and 7 have been complied with. 9. Barriers and portable enclosures shall not be reused unless they are rigid and can be cleaned thoroughly. 10. Compressed air shall not be used to clean up and remove dust from any surface. 11. Eating, drinking, chewing or smoking shall not be permitted in the work area. 12. If a worker requests that the employer provide a respirator to be used by the worker, the employer shall provide the worker with a NIOSH approved respirator in accordance with Table 2, and the worker shall wear and use the respirator. 13. If a worker requests that the employer provide protective clothing to be used by the worker, the employer shall provide the worker with protective clothing as described in paragraph 12 of section 15, and the worker shall wear the protective clothing. 14. A worker who is provided with protective clothing shall, before leaving the work area, i. decontaminate his or her protective clothing by using a vacuum equipped with a HEPA filter, or by damp wiping, before removing the protective clothing, ii. if the protective clothing will not be reused, place it in a container as described in paragraph 5 of section 15. 15. Facilities for the washing of hands and face shall be made available to workers and shall be used by every worker when leaving the work area. O. Reg. 278/05, s. 14. Measures and procedures, Type 2 and Type 3 operations 15. The following measures and procedures apply to Type 2 operations and to Type 3 operations: 1. The work area shall be identified by clearly visible signs warning of an asbestos dust hazard. 2. Signs required by paragraph 1 shall be posted in sufficient numbers to warn of the hazard and shall state in large clearly visible letters that, i. there is an asbestos dust hazard, and ii. access to the work area is restricted to persons wearing protective clothing and equipment. 3. A wetting agent shall be added to water that is to be used to control the spread of dust and fibres. 4. Eating, drinking, chewing or smoking shall not be permitted in the work area.

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Report CSA10-23 Hazardous Materials Survey Report Page 181 of 312 (Kinplex) 5. Containers for dust and waste shall be, i. dust tight, ii. suitable for the type of waste, iii. impervious to asbestos, iv. identified as asbestos waste, v. cleaned with a damp cloth or a vacuum equipped with a HEPA filter immediately before being removed from the work area, and vi. removed from the workplace frequently and at regular intervals. 6. Frequently and at regular intervals during the doing of the work and immediately on completion of the work, i. dust and waste shall be cleaned up and removed using a vacuum equipped with a HEPA filter, or by damp mopping or wet sweeping, and placed in a container as described in paragraph 5, and ii. drop sheets shall be wetted and placed in a container as described in paragraph 5, as soon as practicable after subparagraph i has been complied with. 7. Drop sheets shall not be reused. 8. After the work is completed, polyethylene sheeting and similar materials used for barriers and enclosures shall not be reused, but shall be wetted and placed in a container as described in paragraph 5 as soon as practicable after paragraph 6 has been complied with. 9. After the work is completed, barriers and portable enclosures that will be reused shall be cleaned, by using a vacuum equipped with a HEPA filter or by damp wiping, as soon as practicable after paragraphs 6 and 8 have been complied with. 10. Barriers and portable enclosures shall not be reused unless they are rigid and can be cleaned thoroughly. 11. The employer shall provide every worker who will enter the work area with a NIOSH approved respirator in accordance with Table 2 and the worker shall wear and use the respirator. 12. Protective clothing shall be provided by the employer and worn by every worker who enters the work area, and the protective clothing, i. shall be made of a material that does not readily retain nor permit penetration of asbestos fibres, ii. shall consist of head covering and full body covering that fits snugly at the ankles, wrists and neck, in order to prevent asbestos fibres from reaching the garments and skin under the protective clothing, iii. shall include suitable footwear, and iv. shall be repaired or replaced if torn. 13. Compressed air shall not be used to clean up and remove dust from any surface. 14. Only persons wearing protective clothing and equipment shall enter a work area where there is an asbestos dust hazard. O. Reg. 278/05, s. 15. Additional measures and procedures, Type 2 operations 16. In addition to the measures and procedures prescribed by section 15, the following measures and procedures apply to Type 2 operations: 1. If the operation is one mentioned in paragraph 1 of subsection 12 (3), the friable material that is likely to be disturbed shall be cleaned up and removed by using a vacuum equipped with a HEPA filter when access to the work area is obtained. 2. Before commencing work that is likely to disturb friable asbestos-containing material that is crumbled, pulverized or powdered and that is lying on any surface, the friable material shall be cleaned up and removed by damp wiping or by using a vacuum equipped with a HEPA filter. 3. Friable asbestos-containing material that is not crumbled, pulverized or powdered and that may be disturbed or removed during the work shall be thoroughly wetted before the work and kept wet during the work, unless wetting would create a hazard or cause damage. 4. Subject to paragraph 5, the spread of dust from a work area shall be controlled by measures appropriate to the work to be done, including the use of drop sheets of polyethylene or other suitable material that is impervious to asbestos.

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Report CSA10-23 Hazardous Materials Survey Report Page 182 of 312 (Kinplex) 5. If the operation is one mentioned in paragraph 1 or 2 of subsection 12 (3) and is carried on indoors, the spread of dust from the work area shall be prevented, if practicable, by, i. using an enclosure of polyethylene or other suitable material that is impervious to asbestos (including, if the enclosure is opaque, one or more transparent window areas to allow observation of the entire work area from outside the enclosure), if the work area is not enclosed by walls, ii. disabling the mechanical ventilation system serving the work area, and iii. sealing the ventilation ducts to and from the work area. 6. Before leaving the work area, a worker shall, i. decontaminate his or her protective clothing by using a vacuum equipped with a HEPA filter, or by damp wiping, before removing the protective clothing, and ii. if the protective clothing will not be reused, place it in a container as described in paragraph 5 of section 15. 7. Facilities for the washing of hands and face shall be made available to workers and shall be used by every worker when leaving the work area. O. Reg. 278/05, s. 16. Additional measures and procedures, glove bag operations 17. In addition to the measures and procedures prescribed by sections 15 and 16, the following measures and procedures apply to Type 2 operations referred to in paragraph 9 of subsection 12 (3): 1. The work area shall be separated from the rest of the workplace by walls, barricades, fencing or other suitable means. 2. The spread of asbestos-containing material from the work area shall be prevented by disabling the mechanical ventilation system serving the work area and sealing all openings or voids, including ventilation ducts to and from the working area. 3. Surfaces below the work area shall be covered with drop sheets of polyethylene or other suitable material that is impervious to asbestos. 4. The glove bag shall be made of material that is impervious to asbestos and sufficiently strong to support the weight of material the bag will hold. 5. The glove bag shall be equipped with, i. sleeves and gloves that are permanently sealed to the body of the bag to allow the worker to access and deal with the insulation and maintain a sealed enclosure throughout the work period, ii. valves or openings to allow insertion of a vacuum hose and the nozzle of a water sprayer while maintaining the seal to the pipe, duct or similar structure, iii. a tool pouch with a drain, iv. a seamless bottom and a means of sealing off the lower portion of the bag, and v. a high strength double throw zipper and removable straps, if the bag is to be moved during the removal operation. 6. A glove bag shall not be used to remove insulation from a pipe, duct or similar structure if, i. it may not be possible to maintain a proper seal for any reason including, without limitation, A. the condition of the insulation, or B. the temperature of the pipe, duct or similar structure, or ii. the bag could become damaged for any reason including, without limitation, A. the type of jacketing, or B. the temperature of the pipe, duct or similar structure. 7. Immediately before the glove bag is attached, the insulation jacketing or coating shall be inspected for damage or defects, and if any damage or defect is present, it shall be repaired. 8. The glove bag shall be inspected for damage or defects, i. immediately before it is attached to the pipe, duct or other similar structure, and ii. at regular intervals during its use. 9. If damage or defects are observed when the glove bag is inspected under subparagraph 8 i, the glove bag shall not be used and shall be disposed of.

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Report CSA10-23 Hazardous Materials Survey Report Page 183 of 312 (Kinplex) 10. If damage or defects are observed when the glove bag is inspected under subparagraph 8 ii or at any other time, i. the use of the glove bag shall be discontinued, ii. the inner surface of the glove bag and the contents, if any, shall be thoroughly wetted, iii. the glove bag and the contents, if any, shall be removed and placed in a container as described in paragraph 5 of section 15, and iv. the work area shall be cleaned by vacuuming with a vacuum equipped with a HEPA filter before removal work is resumed. 11. When the removal work is completed, i. the inner surface of the glove bag and the waste inside shall be thoroughly wetted and the air inside the bag shall be removed through an elasticized valve, by means of a vacuum equipped with a HEPA filter, ii. the pipe, duct or similar structure shall be wiped down and sealed with a suitable encapsulant, iii. the glove bag, with the waste inside, shall be placed in a container as described in paragraph 5 of section 15, and iv. the work area shall be cleaned by damp wiping or by cleaning with a vacuum equipped with a HEPA filter. O. Reg. 278/05, s. 17. Additional measures and procedures, Type 3 operations 18. (1) In addition to the measures and procedures prescribed by section 15, the following measures and procedures apply to Type 3 operations: 1. The work area shall be separated from the rest of the workplace by walls, the placing of barricades or fencing or other suitable means. 2. Subsection (2) applies to an operation mentioned in paragraph 5 of subsection 12 (4). 3. Subsection (3) applies to an operation mentioned in paragraph 1, 2, 3 or 4 of subsection 12 (4) that is carried on outdoors. 4. Subsection (4) applies to an operation mentioned in paragraph 1, 2, 3, 4 or 6 of subsection 12 (4) that is carried on indoors. O. Reg. 278/05, s. 18 (1). (2) In the case of an operation mentioned in paragraph 5 of subsection 12 (4), the following measures and procedures also apply: 1. The spread of dust from the work area shall be prevented by, i. using enclosures of polyethylene or other suitable material that is impervious to asbestos (including, if the enclosure material is opaque, one or more transparent window areas to allow observation of the entire work area from outside the enclosure), if the work area is not enclosed by walls, and ii. using curtains of polyethylene sheeting or other suitable material that is impervious to asbestos, fitted on each side of each entrance or exit from the work area. 2. Unless the operation is carried on outdoors, or inside a building that is to be demolished and will not be entered by any person except the workers involved in the operation and the workers involved in the demolition, the spread of dust from the work area shall also be prevented by, i. creating and maintaining within the enclosed area, by installing a ventilation system equipped with a HEPA filtered exhaust unit, a negative air pressure of 0.02 inches of water, relative to the area outside the enclosed area, ii. ensuring that replacement air is taken from outside the enclosed area and is free from contamination with any hazardous dust, vapour, smoke, fume, mist or gas, and iii. using a device, at regular intervals, to measure the difference in air pressure between the enclosed area and the area outside it. 3. The ventilation system referred to in subparagraph 2 i shall be inspected and maintained by a competent worker before each use to ensure that there is no air leakage, and if the filter is found to be damaged or defective, it shall be replaced before the ventilation system is used. 4. Before leaving the work area, a worker shall, i. decontaminate his or her protective clothing by using a vacuum equipped with a HEPA filter, or by damp wiping, before removing the protective clothing, and ii. if the protective clothing will not be reused, place it in a container as described in paragraph 5 of section 15.

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Report CSA10-23 Hazardous Materials Survey Report Page 184 of 312 (Kinplex) 5. Facilities for the washing of hands and face shall be made available to workers and shall be used by every worker when leaving the work area. O. Reg. 278/05, s. 18 (2). (3) In the case of an operation mentioned in paragraph 1, 2, 3 or 4 of subsection 12 (4) that is carried on outdoors, the following measures and procedures also apply: 1. If practicable, any asbestos-containing material to be removed shall be thoroughly wetted before and during removal, unless wetting would create a hazard or cause damage. 2. Dust and waste shall not be permitted to fall freely from one work level to another. 3. If practicable, the work area shall be washed down with water after completion of the clean-up and removal described in paragraph 6 of section 15. 4. Temporary electrical power distribution systems for tools and equipment involved in wet removal operations shall be equipped with ground fault circuit interrupters. 5. A decontamination facility shall be located as close as practicable to the work area and shall consist of, i. a room suitable for changing into protective clothing and for storing contaminated protective clothing and equipment, ii. a shower room as described in paragraph 7 of subsection (4), and iii. a room suitable for changing into street clothes and for storing clean clothing and equipment. 6. The rooms described in subparagraphs 5 i, ii and iii shall be arranged in sequence and constructed so that any person entering or leaving the work area must pass through each room. 7. When leaving the work area, a worker shall enter the decontamination facility and shall, in the following order, i. decontaminate his or her protective clothing by using a vacuum equipped with a HEPA filter, or by damp wiping, before removing the protective clothing, ii. if the protective clothing will not be reused, place it in a container as described in paragraph 5 of section 15, iii. shower, and iv. remove and clean the respirator. O. Reg. 278/05, s. 18 (3). (4) In the case of an operation mentioned in paragraph 1, 2, 3, 4 or 6 of subsection 12 (4) that is carried on indoors, the following measures and procedures also apply: 1. Friable asbestos-containing material that is crumbled, pulverized or powdered and that is lying on any surface in the work area shall be cleaned up and removed using a vacuum equipped with a HEPA filter or by damp wiping and everything shall be removed from the work area or covered with polyethylene sheeting or other suitable material that is impervious to asbestos. 2. The spread of dust from the work area shall be prevented by an enclosure of polyethylene or other suitable material that is impervious to asbestos, if the work area is not enclosed by walls, and by a decontamination facility consisting of a series of interconnecting rooms including, i. a room suitable for changing into protective clothing and for storing contaminated protective clothing and equipment, ii. a shower room as described in paragraph 7, iii. a room suitable for changing into street clothes and for storing clean clothing and equipment, and iv. curtains of polyethylene sheeting or other suitable material that is impervious to asbestos, fitted to each side of the entrance or exit to each room. 3. The rooms described in subparagraphs 2 i, ii and iii shall be arranged in sequence and constructed so that any person entering or leaving the work area must pass through each room. 4. The mechanical ventilation system serving the work area shall be disabled and all openings or voids, including ventilation ducts to or from the work area, shall be sealed by tape or other appropriate means. 5. Unless the operation is carried on inside a building that is to be demolished and will not be entered by any person except the workers involved in the operation and the workers involved in the demolition, the spread of dust from the work area shall also be prevented by, i. creating and maintaining within the enclosed area, by installing a ventilation system equipped with a HEPA filtered exhaust unit, a negative air pressure of 0.02 inches of water, relative to the area outside the enclosed area,

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Report CSA10-23 Hazardous Materials Survey Report Page 185 of 312 (Kinplex) ii. ensuring that replacement air is taken from outside the enclosed area and is free from contamination with any hazardous dust, vapour, smoke, fume, mist or gas, and iii. using a device, at regular intervals, to measure the difference in air pressure between the enclosed area and the area outside it. 6. The ventilation system referred to in subparagraph 5 i shall be inspected and maintained by a competent worker before each use to ensure that there is no air leakage, and if the filter is found to be damaged or defective, it shall be replaced before the ventilation system is used. 7. The shower room in the decontamination facility shall, i. be provided with hot and cold water or water of a constant temperature that is not less than 40° Celsius or more than 50° Celsius, ii. have individual controls inside the room to regulate water flow and, if there is hot and cold water, individual controls inside the room to regulate temperature, iii. be capable of providing adequate supplies of hot water to maintain a water temperature of at least 40° Celsius, and iv. be provided with clean towels. 8. When leaving the work area, a worker shall enter the decontamination facility and shall, in the following order, i. decontaminate his or her protective clothing by using a vacuum equipped with a HEPA filter, or by damp wiping, before removing the protective clothing, ii. if the protective clothing will not be reused, place it in a container as described in paragraph 5 of section 15, iii. shower, and iv. remove and clean the respirator. 9. If practicable, existing electrical power distribution systems that are not water-tight shall be de-energized and locked out where wet removal operations are to be carried out. 10. Temporary electrical power distribution systems for tools and equipment involved in wet removal operations shall be equipped with ground fault circuit interrupters. 11. Friable asbestos-containing material shall be thoroughly wetted before and during removal, unless wetting would create a hazard or cause damage. 12. The work area shall be inspected by a competent worker for defects in the enclosure, barriers and decontamination facility, i. at the beginning of each shift, ii. at the end of a shift if there is no shift that begins immediately after the first-named shift, and iii. at least once each day on days when there are no shifts. 13. Defects observed during an inspection under paragraph 12 shall be repaired immediately and no other work shall be carried out in the work area until the repair work is completed. 14. If practicable, dust and waste shall be kept wet. 15. On completion of the work, i. negative air pressure shall be maintained if required by subparagraph 5 i, ii. the inner surface of the enclosure and the work area inside the enclosure shall be cleaned by a thorough washing or by vacuuming with a vacuum equipped with a HEPA filter, iii. equipment, tools and other items used in the work shall be cleaned with a damp cloth or by vacuuming with a vacuum equipped with a HEPA filter or they shall be placed in a container as described in paragraph 5 of section 15 before being removed from the enclosure, and iv. a visual inspection shall be conducted by a competent worker to ensure that the enclosure and the work area inside the enclosure are free from visible dust, debris or residue that may contain asbestos. 16. Once the work area inside the enclosure is dry after the steps set out in subparagraphs 15 ii, iii and iv have been completed, clearance air testing shall be conducted by a competent worker in accordance with subsection (5), unless the operation is carried on inside a building that is to be demolished and will not be entered by any person except the workers involved in the operation and the workers involved in the demolition.

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Report CSA10-23 Hazardous Materials Survey Report Page 186 of 312 (Kinplex) 17. The barriers, enclosure and decontamination facility shall not be removed or dismantled until, i. cleaning has been done as described in paragraph 15, and ii. if clearance air testing is required, it has been completed and the work area inside the enclosure has passed the clearance air test. O. Reg. 278/05, s. 18 (4). (5) The following rules apply to clearance air testing: 1. Sample collection and analysis shall be done, i. using the phase contrast microscopy method, in accordance with subsection (6), or ii. using the transmission electron microscopy method, in accordance with subsection (7). 2. If the work area inside the enclosure fails the clearance air test, the steps set out in subparagraphs 15 ii, iii and iv of subsection (4) shall be repeated and the work area shall be allowed to dry before a further test is carried out, unless paragraph 6 of subsection (6) applies. O. Reg. 278/05, s. 18 (5). (6) Clearance air testing using the phase contrast microscopy method shall be carried out in accordance with U.S. National Institute of Occupational Safety and Health Manual of Analytical Methods, Method 7400, Issue 2: Asbestos and other Fibres by PCM (August 15, 1994), using the asbestos fibre counting rules, and shall comply with the following requirements: 1. Testing shall be based on samples taken inside the enclosure. 2. Forced air shall be used, both before and during the sampling process, to ensure that fibres are dislodged from all surfaces inside the enclosure before sampling begins and are kept airborne throughout the sampling process. 3. At least 2,400 litres of air shall be drawn through each sample filter, even though the standard mentioned above provides for a different amount. 4. The number of air samples to be collected shall be in accordance with Table 3. 5. The work area inside the enclosure passes the clearance air test only if every air sample collected has a concentration of fibres that does not exceed 0.01 fibres per cubic centimetres of air. 6. If the work area inside the enclosure fails a first test that is done using the phase contrast microscopy method, the samples may be subjected to a second analysis using transmission electron microscopy in accordance with the standard mentioned in subsection (7). 7. When a second analysis is done as described in paragraph 6, the work area inside the enclosure passes the clearance air test only if every air sample collected has a concentration of asbestos fibres that does not exceed 0.01 fibres per cubic centimetre of air. O. Reg. 278/05, s. 18 (6). (7) Clearance air testing using the transmission electron microscopy method shall be carried out in accordance with U.S. National Institute of Occupational Safety and Health Manual of Analytical Methods, Method 7402, Issue 2: Asbestos by TEM (August 15, 1994), and shall comply with the following requirements: 1. Testing shall be based on samples taken inside the enclosure and samples taken outside the enclosure but inside the building. 2. Forced air shall be used inside the enclosure, both before and during the sampling process, to ensure that fibres are dislodged from all surfaces before sampling begins and are kept airborne throughout the sampling process. 3. At least 2,400 litres of air shall be drawn through each sample filter, even though the standard mentioned above provides for a different amount. 4. At least five air samples shall be taken inside each enclosure and at least five air samples shall be taken outside the enclosure but inside the building. 5. Sampling inside and outside the enclosure shall be conducted concurrently. 6. The work area inside the enclosure passes the clearance air test if the average concentration of asbestos fibres in the samples collected inside the enclosure is statistically less than the average concentration of asbestos fibres in the samples collected outside the enclosure, or if there is no statistical difference between the two average concentrations. O. Reg. 278/05, s. 18 (7). (8) Within 24 hours after the clearance air testing results are received, (a) the owner and the employer shall post a copy of the results in a conspicuous place or places, (i) at the workplace, and (ii) if the building contains other workplaces, in a common area of the building; and

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Report CSA10-23 Hazardous Materials Survey Report Page 187 of 312 (Kinplex) (b) a copy shall be provided to the joint health and safety committee or the health and safety representative, if any, for the workplace and for the building. O. Reg. 278/05, s. 18 (8). (9) The owner of the building shall keep a copy of the clearance air testing results for at least one year after receiving them. O. Reg. 278/05, s. 18 (9). Instruction and training 19. (1) The employer shall ensure that instruction and training in the following subjects are provided by a competent person to every worker working in a Type 1, Type 2 or Type 3 operation: 1. The hazards of asbestos exposure. 2. Personal hygiene and work practices. 3. The use, cleaning and disposal of respirators and protective clothing. O. Reg. 278/05, s. 19 (1). (2) The joint health and safety committee or the health and safety representative, if any, for the workplace shall be advised of the time and place where the instruction and training prescribed by subsection (1) are to be carried out. O. Reg. 278/05, s. 19 (2). (3) Without restricting the generality of paragraph 3 of subsection (1), the instruction and training related to respirators shall include instruction and training related to, (a) the limitations of the equipment; (b) inspection and maintenance of the equipment; (c) proper fitting of a respirator; and (d) respirator cleaning and disinfection. O. Reg. 278/05, s. 19 (3). Note: Section 20 comes into force on November 1, 2007. See: O. Reg. 278/05, s. 26 (2). Asbestos abatement training programs 20. (1) The employer shall ensure that, (a) every worker involved in a Type 3 operation has successfully completed the Asbestos Abatement Worker Training Program approved by the Ministry of Training, Colleges and Universities; and (b) every supervisor of a worker involved in a Type 3 operation has successfully completed the Asbestos Abatement Supervisor Training Program approved by the Ministry of Training, Colleges and Universities. O. Reg. 278/05, s. 20 (1). (2) The employer shall ensure that every worker and supervisor successfully completes the appropriate program required under subsection (1) before performing or supervising the work to which the program relates. O. Reg. 278/05, s. 20 (2). (3) A document issued by the Ministry of Training, Colleges and Universities, showing that a worker has successfully completed a program mentioned in subsection (1), is conclusive proof, for the purposes of this section, of his or her successful completion of the program. O. Reg. 278/05, s. 20 (3). (4) In accordance with the Agreement on Internal Trade, 1995 and the Protocols of Amendment, a worker shall be deemed to hold a document showing successful completion referred to in subsection (3) if he or she has successfully completed equivalent training in another province or territory of Canada, as determined by the Director. O. Reg. 278/05, s. 20 (4). Asbestos work report 21. (1) The employer of a worker working in a Type 2 operation or a Type 3 operation shall complete an asbestos work report in a form obtained from the Ministry for each such worker, (a) at least once in each 12-month period; and (b) immediately on the termination of the employment of the worker. O. Reg. 278/05, s. 21 (1). (2) As soon as the asbestos work report is completed, the employer shall, (a) forward it to the Provincial Physician, Ministry of Labour, and (b) give a copy to the worker. O. Reg. 278/05, s. 21 (2). (3) For the purposes of clause (2) (a), the employer may deliver the report to the Provincial Physician in person or send it by ordinary mail, by courier or by fax. O. Reg. 278/05, s. 21 (3). Asbestos Workers Register 22. (1) The Provincial Physician, Ministry of Labour, shall establish and maintain an Asbestos Workers Register listing the name of each worker for whom an employer submits an asbestos work report under section 21. O. Reg. 278/05, s. 22 (1).

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Report CSA10-23 Hazardous Materials Survey Report Page 188 of 312 (Kinplex) (2) On the recommendation of the Provincial Physician, a worker who is listed in the Register may volunteer to undergo the prescribed medical examination described in paragraph 1 of subsection (4). O. Reg. 278/05, s. 22 (2). (3) A worker who has undergone the prescribed medical examination described in paragraph 1 of subsection (4) may volunteer to undergo subsequent examinations of the same type if they are recommended by his or her physician. O. Reg. 278/05, s. 22 (3). (4) The following medical examinations are prescribed for the purposes of subsection 26 (3) of the Act: 1. An examination consisting of a medical questionnaire, chest x-rays and pulmonary function tests. 2. A subsequent examination that consists of the components described in paragraph 1, is recommended by the worker’s physician and takes place at least two years after the most recent examination. O. Reg. 278/05, s. 22 (4). (5) A worker who is removed from exposure to asbestos because an examination discloses that he or she may have or has a condition resulting from exposure to asbestos and suffers a loss of earnings as a result of the removal from exposure to asbestos is entitled to compensation for the loss in the manner and to the extent provided by the Workplace Safety and Insurance Act, 1997. O. Reg. 278/05, s. 22 (5). Use of equivalent measure or procedure 23. A constructor, in the case of a project, or the employer, in any other case, may vary a measure or procedure required by this Regulation if the following conditions are satisfied: 1. The measure or procedure, as varied, affords protection for the health and safety of workers that is at least equal to the protection that would be provided by complying with this Regulation. 2. The constructor or employer gives written notice of the varied measure or procedure, in advance, to the joint health and safety committee or the health and safety representative, if any, for the workplace. O. Reg. 278/05, s. 23. Notice to inspector 24. (1) When this Regulation requires written notice to an inspector at an office of the Ministry of Labour, the notice shall be given, (a) by delivering it to the office in person; (b) by sending it by ordinary mail, by courier or by fax, or (c) by sending the notice to the inspector by electronic means that are acceptable to the Ministry. O. Reg. 278/05, s. 24 (1). (2) When this Regulation requires oral notice to an inspector at an office of the Ministry of Labour, the notice shall be given, (a) in person; (b) by telephoning the inspector; or (c) by sending the notice to the inspector by electronic means that are acceptable to the Ministry. O. Reg. 278/05, s. 24 (2). 25. OMITTED (REVOKES OTHER REGULATIONS). O. Reg. 278/05, s. 25. 26. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). O. Reg. 278/05, s. 26. TABLE 1 BULK MATERIAL SAMPLES

Subsection 3 (3)

Item Type of material Size of area of homogeneous Minimum number of bulk material material samples to be collected 1. Surfacing material, including Less than 90 square metres 3 without limitation material that is applied to surfaces by spraying, by troweling or otherwise, such as acoustical plaster on ceilings and fireproofing materials on structural members 90 or more square metres, but less 5 than 450 square metres

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Report CSA10-23 Hazardous Materials Survey Report Page 189 of 312 (Kinplex) 450 or more square metres 7 2. Thermal insulation, except as any size 3 described in item 3 3. Thermal insulation patch Less than 2 linear metres or 0.5 1 square metres 4. Other material Any size 3 O. Reg. 278/05, Table 1. TABLE 2 RESPIRATORS

Paragraph 12 of section 14 and paragraph 11 of section 15

Column 1 Column 2 Work Category Required respirator Type 1 Operations Worker requests that the employer provide a respirator to be used by the Air purifying half-mask respirator with N-100, R-100 or P- worker, as described in paragraph 12 of section 14 100 particulate filter Type 2 Operations Work described in paragraph 1 of subsection 12 (3) One of the following: - Air purifying full-facepiece respirator with N-100, R- 100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight- fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece) Work described in paragraphs 2 to 7 and 9 to 11 of subsection 12 (3) Air purifying half-mask respirator with N-100, R-100 or P- 100 particulate filter Breaking, cutting, drilling, abrading, grinding, Material is not wetted One of the following: sanding or vibrating non-friable material containing - Air purifying full-facepiece respirator with N-100, R- asbestos by means of power tools, if the tool is 100 or P-100 particulate filter attached to a dust collecting device equipped with a - Powered air purifying respirator equipped with a tight- HEPA filter as described in paragraph 8 of fitting facepiece (half or full-facepiece) and a high subsection 12 (3) efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece) Material is wetted to Air purifying half-mask respirator with N-100, R-100 or P- control spread of 100 particulate filter fibre Type 3 Operations Breaking, cutting, drilling, abrading, grinding, Material is not wetted Pressure demand supplied air respirator equipped with a half sanding or vibrating non-friable material containing mask asbestos by means of power tools, if the tool is not Material is wetted to One of the following: attached to a dust collecting device equipped with a control spread of HEPA filter as described in paragraph 5 of fibre subsection 12 (4) - Air purifying full-facepiece respirator with N-100, R- 100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight- fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece) Work with friable material containing asbestos, as Material is not wetted Pressure demand supplied air respirator equipped with a full described in paragraphs 1 to 4 and 6 of subsection facepiece 12 (4)

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Report CSA10-23 Hazardous Materials Survey Report Page 190 of 312 (Kinplex) Work with friable material, as described in Material was applied Pressure demand supplied air respirator equipped with a half paragraphs 1 to 4 and 6 of subsection 12 (4), that or installed by mask contains a type of asbestos other than chrysotile spraying, and is Work with friable material, as described in wetted to control One of the following: paragraphs 1 to 4 and 6 of subsection 12 (4), that spread of fibre - Air purifying full-facepiece respirator with N-100, R- contains only chrysotile asbestos 100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight- fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece) Work with friable material containing asbestos, as Material was not One of the following: described in paragraphs 1 to 4 and 6 of subsection applied or installed - Air purifying full-facepiece respirator with N-100, R- 12 (4) by spraying, and is 100 or P-100 particulate filter wetted to control - Powered air purifying respirator equipped with a tight- spread of fibre fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece) O. Reg. 278/05, Table 2. TABLE 3 AIR SAMPLES

Paragraph 4 of subsection 18 (6)

Minimum number of air samples to be Area of enclosure taken from each enclosure 2 10 square metres or less 3 More than 10 but less than 500 square metres 5 500 square metres or more O. Reg. 278/05, Table 3.

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APPENDIX V

EACO MOULD ABATEMENT GUIDELINES

Report CSA10-23 Hazardous Materials Survey Report Page 192 of 312 (Kinplex) EACO Mould Abatement Guidelines 2004 - Edition 1

Foreword

This guideline has been prepared to assist building owners, constructors, contractors, subcontractors and workers who have duties under the Occupational Health and Safety Act and its Regulations to safely perform work activities involving Mould (Microbial) Abatement and remediation. The guideline promotes safe work practices, the use of personal protective equipment, worker awareness and training and is based in a thorough review of the available guidance materials available to November 2003 and professional experience of the Abatement industry.

We believe that this guideline will not only help employers fulfill their responsibility and due diligence under the OHSA but will assist them to better address the challenges involved with proper assessment and remediation of Mould (Microbial) contamination in buildings.

Disclaimer

EACO disclaims any liability or risk resulting from the use of the work practices and recommendations discussed in the guideline. It is the user’s responsibility to ensure that these apply to the specific workplaces and to ensure compliance with all other federal, provincial and local regulations that may be applicable.

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SECTION A: GENERAL POINTS AND LIMITATIONS

1. Three levels of work practice are given for removal of Small, Medium and Large- scale Mould growth, depending on the extent of material supporting Mould growth present. The thresholds between Small and Medium project areas (10 ft2) and between Medium and Large project areas (100 ft2) are a guideline only and are subject to professional judgment. EACO recommends that the enumeration of Mould growth be based on an approximation of the extent of visible growth (total affected area of building material), including the estimated extent of any hidden Mould.

2. These procedures do not address the identification or control of the cause(s) of the Mould growth being abated by these procedures. The project authority is cautioned to ensure that the underlying cause(s) of the Mould growth is investigated and remedied prior to completing the Abatement process to reduce the potential for Mould re-growth.

3. These procedures do not address the potential for fungal infections that may be acquired by Susceptible Occupants in hospitals or other health care settings if Mouldy materials are disturbed without appropriate precautions. Refer to “Construction-related Nosocomial Infections in Patients in Health Care Facilities – Decreasing the Risk of Aspergillus, Legionella and Other Infections”, July 2001, Canada Communicable Disease Report, Health Canada and CSA Standard Z317.13-02, Infection Control During Construction or Renovation of Health Care Facilities.

4. These procedures are not intended to address Biohazards, other than Mould, potentially present in a project area as a result of contamination with sewage waste, river floods or other water with high levels of Microbial contamination. The reader is referred to the guidance of the Institute of Inspection, Cleaning and Restoration Certification S500 Standard, “Standard and Reference Guide for Professional Water Damage Restoration.” Additional precautions may apply.

SECTION B: GENERAL PRECAUTIONS APPLICABLE TO ALL LEVELS OF MOULD ABATEMENT WORK

1. Protection of Occupants

1.1 The project authority should consider whether occupants should be removed from areas adjacent to the work area. The removal of occupants from spaces adjacent to the work area is not necessary in all cases but should be considered in the presence of Susceptible Occupants including but not limited to infants less than 12 months old, persons having undergone recent surgery, the elderly, immune suppressed people, or people with chronic inflammatory lung diseases.

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2. Worker Training and Medical Pre-screening

2.1 Mould Abatement workers shall be trained in the hazards of Mould Abatement and in the procedures to be followed. Training at a minimum shall include classroom and site instruction in the hazards of Mould, personal protection equipment, including Respirator fitting and use, Abatement practices and clean up. General health and safety training as required by the Occupational Health & Safety Act for Construction Sites, waste handling and disposal shall be provided to all workers. 2.2 Workers must be fit to work with potential Mould exposure. Workers with a history of significant allergic disease (asthma, hay fever, hives, etc.) or with a potential immuno-compromised status (persons with an immune system disease, taking immune system suppression medication, etc.) should consult with an experienced physician to determine whether Mould removal activities, and the associated potential for exposure to pathogenic materials, would present an unacceptable health risk. 2.3 Mould Abatement workers who may encounter a risk of infectious disease from unsanitary water sources (sewage, river floods, etc.) should consult with an experienced physician regarding vaccinations to reduce the risk of infectious disease through available immunizations, particularly Hepatitis A and B, tetanus and polio.

3. Respiratory Protection

3.1 The respiratory protection in these procedures has been established for protection against fungal particulate material, for which a Respirator with a NIOSH- approved particulate filter will be adequate. Another type of Respirator may be required if the Mould Abatement will employ a Disinfectant with a volatile hazardous ingredient (e.g., household chlorine bleach). Consult MSDS data for specific respiratory protection in relation to specific cleaning products. 3.2 Respirators shall be NIOSH approved. 3.3 Respirator wearers shall be Fit-tested for each type of Respirator to be used, prior to use and yearly thereafter, following CSA Standard Z94.4-02, Selection, Care and Use of Respirators. 3.4 Clean and maintain the Respirator and battery pack (where applicable) in accordance with manufacturer’s recommendations. 3.5 No facial hair or spectacle side arms, which affect the seal of the Respirator to the skin, are allowed. 3.6 Dispose of filters daily due to the potential growth of Mould spores on damp filter media.

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3.7 Due to the nature and working conditions of Mould Abatement, Filtering Facepiece Respirators shall not be utilized for Level 2 or Level 3 Abatement projects.

4. Personal Protection and Hygiene

4.1 Workers shall wear dust-impermeable gloves appropriate for the work underway and water-impermeable gloves for application of detergent and/or Disinfectant. Refer to the MSDS for the detergent and/or Disinfectant for glove selection. 4.2 Wash face and hands after work at the Abatement project each time after exiting the Abatement work area.

4.3 For all levels of work, eating, drinking or smoking is prohibited in the work area.

5. Cleaning

5.1 Pre-clean any items that will be retained, whether removed from the work area or covered and left in the work area. Use appropriate and effective cleaning methods.

5.2 After bulk removal, clean the surrounding areas with a HEPA vacuum. No other type of vacuum can be used. If a HEPA vacuum is not available, wet wiping may be adequate for Level 1 work. 5.3 Do not dry sweep or dry whisk. Use power tools only if fitted with effective HEPA-filtered dust collection. 5.4 Wipe all non-Porous surfaces within the removal area with a detergent solution. Rinse with clear water as required. 5.5 As an option, a Disinfectant solution can be used in place of, or in addition to a detergent. Apply the Disinfectant as specified by the manufacturer, maintaining the surfaces wet for the prescribed period. Generally, surfaces to be disinfected must be cleaned of all dust and loose organic material prior to application of the Disinfectant. A Disinfectant is required where the work area has been contaminated with a significant pathogenic hazard (i.e., sewage floods). 5.6 The project authority should consider the use of a Disinfectant in hospital or health care settings, or in other settings where the project authority believes occupants to be significantly immuno-compromised. Refer to the Health Canada and CSA guidelines for prevention of fungal infections in health care settings, given above. 5.7 These cleaning requirements apply to all exposed surfaces within the work area. The project authority will determine if soft goods and Porous materials can be adequately cleaned or must be disposed of.

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5.8 Clean all equipment used in the Abatement work by HEPA vacuuming or wet wiping. Equipment that cannot be readily cleaned shall be HEPA vacuumed and sealed in 6 mil polyethylene bags before removal from the work area.

6. Waste Disposal

6.1 Remove all waste as contaminated material, including but not limited to building debris, disposable coveralls, Respirator cartridges, and plastic sheeting. All waste should be immediately double-bagged into two 6-mil polyethylene bags, each individually sealed. If the material cannot be bagged, wrap in 2 layers of 6 mil Polyethylene Sheeting and seal with tape. 6.2 Transport and dispose of the waste material in compliance with local, provincial and federal regulations, including the Ontario Environmental Protection Act and any other regulations, which may apply to the Mould or the substrate on which the Mould was located.

SECTION C: PRECAUTIONS FOR LEVELS 1, 2 AND 3 MOULD ABATEMENT

7. Level 1: Small Isolated Areas, Less than 10 ft2 (1 m2)

7.1 This section gives instructions for performing Mould Abatement specifically for small-scale projects. Comply with all of the items of Section B, General Precautions (protection of occupants, worker training and medical pre-screening, respiratory protection, personal protection and hygiene, cleaning, and waste disposal) while performing this work. 7.2 The worker shall wear a half face piece air-purifying Respirator fitted with replaceable filters (N95 minimum) or a Filtering Facepiece Respirator (N95 minimum) plus appropriate gloves. 7.3 Workers may wear full-body dust-impervious coveralls with attached hoods. Secure the coveralls tight at the ankles and wrists. 7.4 Turn off HVAC systems and seal over any diffusers immediately adjacent to the work area. 7.5 Where possible, place a drop sheet below the Mouldy materials. 7.6 Dust Suppression methods should be used where possible, prior to disturbance of the Mouldy materials. Tape a section of plastic sheeting or duct tape over the Mouldy material, or if this is not feasible, lightly mist the Mouldy material with water. 7.7 Remove any Porous substrate materials (ceiling tiles, drywall, etc.) to a point beyond the immediate areas of visible contamination, for a minimum distance of 30 cm in all directions. 7.8 Clean the work area and dispose of the waste.

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8. Level 2: Medium areas, 10-100 ft2 (1-10 m2) or less than 10 ft2 (1 m2) in HVAC Systems

8.1 This section gives instructions for performing Mould Abatement specifically for medium scale projects. Comply with all of the items of Section B, General Precautions (protection of occupants, worker training and medical pre-screening, Respiratory protection, personal protection and hygiene, cleaning, and waste disposal) while performing this work. 8.2 Consult with a qualified Health and Safety Professional with experience performing Microbial investigations and remediation, prior to remediation work, to provide Quality Assurance for the project and monitoring of compliance with these guidelines. 8.3 A competent supervisor must be present during all Contaminated Work. 8.4 The worker shall wear impermeable gloves and full-body dust-impervious coveralls with attached hood. Secure the coveralls tight at the ankles and wrists. 8.5 The worker shall wear an elastomeric half face piece air-purifying Respirator fitted with 100 Series Filter cartridges. 8.6 Workers shall wear disposable boot covers or separate work boots that can be effectively HEPA vacuumed or wiped clean prior to removal from the work area. 8.7 Cover and seal all ductwork and diffusers in the work area. Isolate the HVAC systems. 8.8 The Abatement area must be secured and access restricted. Isolate the work area with an enclosure constructed of fibre-reinforced Polyethylene Sheeting or 6 mil Polyethylene Sheeting, taped and supported as required. Provide a temporary roof where an existing ceiling does not complete the temporary enclosure. The Project authority may require a single chamber decontamination/change room.

8.9 A Competent Person must inspect the work area for defects in the enclosure, barriers and change room, at the beginning of every shift, at the end of every shift where there is no shift beginning immediately following the shift that is ending, and at least once per day on days where there are no shifts.

8.10 Install signs warning of the exposure hazard. Suggested wording: CAUTION, MOULD EXPOSURE, WEAR ASSIGNED PROTECTIVE EQUIPMENT, AUTHORIZED PERSONNEL ONLY. 8.11 Provide continuous Negative Pressure within the enclosure by drawing air from the work area and exhausting it out of the enclosure, either by use of a HEPA vacuum or a portable HEPA-filtered exhaust fan. Provide a minimum of 4 air changes per hour or a minimum Negative Pressure of 5 Pascals (0.02 inches of water column). Discharge the filtered air outside the building and away from persons wherever possible, and if this is not possible, consider on-site leak testing

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of the HEPA filtered equipment. Negative Pressure must be maintained until the completion of all Contaminated Work. 8.12 Remove any Porous substrate materials (ceiling tiles, drywall, etc.) to a point beyond the immediate areas of visible contamination, for a minimum distance of 30 cm in all directions. 8.13 Clean the work area and dispose of the waste. 8.14 Before exiting the work area, workers shall fully wipe or vacuum clean all footwear, coveralls and other personal protective equipment and remove and dispose of protective equipment not for re-use. Workers shall then complete personal cleaning as in Section B, General Precautions.

9. Level 3: Large Areas, More than 100 ft2 (10 m2), or more than 10 ft2 (1 m2) in HVAC Systems

9.1 The following work procedures describe the general set-up, conduct and safety measures for Level 3 Mould Abatement. Each project should be conducted following a site-specific work plan or specification. 9.2 This section gives instructions for performing Mould Abatement specifically for large-scale projects. Comply with all of the items of Section B, General Precautions (protection of occupants, worker training and medical pre-screening, Respiratory protection, personal protection and hygiene, cleaning, and waste disposal) while performing this work. Quality Assurance 9.3 Consult with a qualified Health and Safety Professional with experience performing Microbial investigations and remediation, prior to remediation work, to provide Quality Assurance for the project and monitoring of compliance with these guidelines. Worker Protection 9.4 The worker shall wear a tight-fitting full face piece Powered Air Purifying Respirator with high efficiency particulate filters or a non-powered full face piece air purifying Respirator fitted with 100 Series Filters. 9.5 The worker shall wear impermeable gloves and full-body dust-impervious coveralls with attached hoods. Secure the coveralls tight at the ankles and wrists. 9.6 Workers shall wear disposable boot covers or separate work boots that can be effectively HEPA vacuumed or wiped clean prior to removal from the work area. 9.7 A competent supervisor must be present during all Contaminated Work. Site Isolation

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9.8 Seal all ductwork and diffusers in the work area. Isolate the HVAC systems.

9.9 Isolate the work area from adjacent spaces using temporary hoarding, tape and Polyethylene Sheeting, etc.

9.10 Install signs warning of the exposure hazard. Suggested wording: CAUTION, MOULD EXPOSURE, WEAR ASSIGNED PROTECTIVE EQUIPMENT, AUTHORIZED PERSONNEL ONLY.

9.11 Provide continuous Negative Pressure within the enclosure, through use of portable HEPA Filtered Exhaust Fans. Provide a minimum Negative Pressure of 5 Pascals (0.02 inches of water column) and a minimum of 4 air changes per hour. Discharge the filtered air outside the building and away from persons wherever possible, and if this is not possible, perform on-site leak testing of the HEPA filtered fan. Negative Pressure must be maintained until the completion of all Contaminated Work. Note that higher levels of negative air pressure may be required to maintain site isolation. 9.12 Negative Pressure within the enclosure shall be continuously measured and recorded.

9.13 A Competent Person must inspect the work area for defects in the enclosure, barriers and change room, at the beginning of every shift, at the end of every shift where there is no shift beginning immediately following the shift that is ending, and at least once per day on days where there are no shifts.

Worker and Waste Decontamination Facilities

9.14 Provide a Worker Decontamination Facility, to include a clean change room and a dirty change room. Install flap doors at each opening into and within the decontamination facility. Provide a wash station consisting of at least a basin, fresh water, soap and toweling, in the clean change room. A shower for worker comfort may be provided, but is optional.

9.15 When going into the Contaminated Work area the worker will don clean coveralls and a Respirator in the clean change room. Prior to exiting, the worker will use a HEPA vacuum in the work area to remove gross contamination from coveralls and boot covers (or separate dirty work boots). The worker will then enter the dirty change room where the dirty coveralls and boot covers are removed (to be used only once). Work boots used without boot covers will also be removed and stored in the dirty change room. The wash station is to be used by each worker on leaving the work area to clean face and hands. The worker then proceeds to the clean change room to complete clean up.

9.16 A separate Waste Decontamination Facility, consisting of a double bagging room and a waste transfer room should be provided where large volumes of waste will be removed. Seal the waste into bags (or Polyethylene Sheeting sealed with tape)

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in the Contaminated Work area, and wipe the exterior of the bags or other containers. Transfer the waste to the double bagging room and place a second bag around bagged waste. Seal the second bag. Transfer the double-bagged waste into the waste transfer room for removal by workers entering from the outside of the decontamination facilities.

Removal, Salvage and Cleaning 9.17 Remove any Porous substrate materials (ceiling tiles, drywall, etc.) to a point beyond the immediate areas of visible contamination, for a minimum distance of 30 cm in all directions.

9.18 Clean the work area and dispose of the waste.

Clearance Inspection and Monitoring

9.19 The project authority or representative should inspect the Level 3 work area for acceptable completion, by a combination of careful visual inspection and possibly testing. A site will be considered acceptable and clean when a thorough visual inspection shows an acceptable state of cleanliness. In addition, if taken, Clearance Tests (air samples, swabs, tape-lifts or vacuumed dust samples) should indicate the work area is no longer impacted by the Mould contamination and removal process.

Generally, clearance air samples collected within the work area will be compared to samples taken in adjacent areas from where the work area make-up air is being drawn or to outdoor air samples. An acceptable condition is indicated when the following is true: 1. Concentrations of airborne fungal particles in the work area are not significantly elevated when compared to concentrations in the reference area. 2. The types of fungal particulate present in the work area do not significantly differ from those present in the reference area. The clearance samples may also be compared to any similar measurements taken in the work area prior to the remediation work. Surface samples should show minimal or no Mould growth remaining at completion. Interpretation of sample results is subject to professional judgment.

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Appendix A

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Appendix B

Procedures for Cleanup of Bird and Bat Droppings

Workers removing accumulations of bird or bat droppings are at risk of exposure to airborne fungal spores (and other Microbial hazards) likely to be released when this material is disturbed. Bird and bat droppings should be presumed to be contaminated with the fungi Histoplasma capsulatum, Cryptococcus neoformans, and other infectious hazards. The spores of some of these organisms can remain infectious for decades after their growth in the Guano has ceased. Many of these microorganisms are known to cause Respiratory infections in workers exposed during construction or maintenance disturbance.

NOTE: Although a Disinfectant will be applied during this work, the treated excrement may still contain viable organisms and use of personal protective equipment should continue until the site is well cleaned.

Personal Protection All work will require the following personal protective equipment: • Rubber boots. • Either disposable gloves taped to coveralls and worn under work gloves, or heavy rubber or nitrile work gloves, taped to coveralls. • Disposable coveralls, taped to gloves and to boots. • Minimum of a full-face piece Respirator fitted with appropriate cartridge filters. As a minimum, P100 filters are required for protection against airborne particles. Depending on the Disinfectant used, the cartridge may have to include protection against vapours or gases. A Powered Air Purifying Respirator (PAPR) fitted with an appropriate cartridge filter may also be used, and will provide more comfort for the worker. Disinfectant Select a wide-spectrum Disinfectant by consulting with a supplier and apply according to the manufacturer’s recommendations. Work Practices 1. Perform an initial shoveling and dry HEPA vacuum removal of as much of the residue as possible, if the residue is soft or loose. 2. Following a HEPA vacuuming, apply a Disinfectant solution to all areas with visible residue. Apply with a garden sprayer set for droplet as opposed to mist spraying. Lightly brush to ensure uniform wetting and contact through to the underlying surface. Apply additional Disinfectant as necessary to maintain the area wet for the contact time specified by the Disinfectant manufacturer. Leave the material wet overnight where practical to do so.

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3. Clean the area of residue with suitable tools and HEPA vacuuming. Lightly mist with water to reduce dust formation. 4. After surfaces have been cleaned of residue to the extent possible, apply a second application of the Disinfectant, maintaining wet for the period recommended by the manufacturer. If the surface cannot be left with a residue, rinse and wipe with clear water. Waste Collection and Disposal Collect all waste into 6 mil disposal bags, and immediately seal. Wipe the bag with the Disinfectant solution and place into a second bag. Ensure proper notification and compliance with all applicable local, provincial and federal regulations including the Ontario Environmental Protection Act.

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Term Definition Abatement The process of returning a building or part thereof, from a condition of Biohazard, to background concentrations of biological agents and products, typical of buildings not affected by Mould contamination. Biohazard The presence of (a) biologically derived aerosols, gases, or vapours of a kind and concentration likely to cause disease or predispose persons to adverse health effects, or (b) indoor biological growth and remnants of growth that may become airborne and to which people may be exposed. Clearance Tests Environmental tests (e.g., air samples, tape lifts, swabs) taken after Mould Abatement has been completed as a Quality Assurance measure. Competent Person A person who is qualified because of knowledge, training and experience to organize the performance of Mould Abatement, is familiar with Mould Abatement procedures, and has knowledge of the hazards of Mould and other dangers in the Abatement work area. Contaminated Work The portion of the Abatement project during which active disturbance, handling or cleanup of contaminated materials is occurring. Cryptococcus neoformans A pathogenic yeast growing in accumulated bird (usually pigeon) or bat dung and posing a risk of cryptococcosis infections in heavily exposed or immuno- compromised individuals. Disinfectant Substance used to reduce the number of micro-organisms such as Moulds, bacteria or viruses to below the level necessary to cause infection. Some common Disinfectants, include sodium hypochlorite, quaternary ammonium compounds, formaldehyde and hydrogen peroxide. Dust Suppression Measures taken to reduce the release of spores and other Mould-derived particulate matter during Mould Abatement. Filtering Facepiece Particulate-filtering Respirator where the facepiece is also the filter. Fit-test A qualitative or quantitative method to evaluate the fit of a specific make, model and size of Respirator on an individual. Guano Bird or bat dung, considered a risk for infection by Moulds or other micro- organisms. HEPA Filtered Exhaust Fan Portable exhaust fan in sealed cabinet equipped with HEPA filtration used to exhaust filtered air out of an enclosed Mould Abatement work area for the purpose of establishing and maintaining a Negative Pressure in the Mould Abatement work area with respect to surrounding areas, and also to provide general ventilation of the Abatement area. Health and Safety An individual qualified by knowledge, skills, education, training and experience to Professional perform assessments of Mould contamination, collect and interpret environmental tests, develop recommendations for Abatement work and provide inspection and Quality Assurance services. HEPA High Efficiency Particulate Air filter capable of trapping and retaining particles greater than or equal to 0.3 micrometers in diameter, at a minimum efficiency of 99.97% Histoplasma capsulatum A fungus frequently found growing in deposits of bird and bat Guano, and a risk for human infections during remediation work, renovation and demolition. HVAC Heating, ventilating and air conditioning (equipment).

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Mould Normally refers to fungi with filamentous growth form, often giving rise to “fuzzy”, cottony, wooly or powdery textured colonies. Moulds produce spores that are poorly visible or not visible at all to the naked eye and that in many species are specialized to become airborne. Microbial Referring to any of Mould, bacteria, viruses or other micro-organisms. MSDS Material Safety Data Sheet, required by Workplace Hazardous Materials Information System (WHMIS) legislation, and giving information on hazardous materials, including properties, hazards, first-aid, emergency response, and personal protection. N95 A Respirator particulate filter, 95% efficient at stopping a 0.3 micrometer aerosol, and not resistant to oil, a classification of particulate filters set by NIOSH. Negative Pressure A reduced pressure established within a Mould Abatement enclosure by extracting air directly from Abatement area, and discharging this air outside the work area. The discharged air must be HEPA filtered, the exhaust unit should be leak-checked and preferably the air is discharged outside the building. NIOSH National Institute for Occupational Safety and Health, part of the U.S. Centers for Disease Control and Prevention. 100 Series Filter Any Respirator particulate filter, 99.97% efficient at stopping a 0.3 micrometer aerosol. A classification of particulate filters set by NIOSH. Polyethylene Sheeting Polyethylene Sheeting or rip-proof Polyethylene Sheeting with tape along edges, around penetrating objects, over cuts and tears, and elsewhere as required providing a continuous membrane to protect underlying surfaces from damage, and to prevent escape of airborne contamination through sheeting into occupied areas. Porous Permeable to Mould growth, allowing growth to extend significantly below the immediate surface. P100 A Respirator particulate filter, 99.97% efficient at stopping a 0.3 micrometer aerosol, and resistant to oil droplets, a classification of particulate filters set by NIOSH. Quality Assurance Measures of inspection, testing and documentation to promote confidence that the Abatement process will meet the desired goals. Respirator A device to protect the user from inhaling a hazardous atmosphere. Susceptible Occupants Persons with elevated risks of reacting to Mould exposure, usually due to allergic pre-disposition or compromised immune state. Examples include but are not limited to infants (less than 12 months old), persons recovering from recent surgery, or people with immune suppression, asthma, severe allergies, sinusitis or other chronic inflammatory lung diseases. Waste Decontamination A series of two rooms (Double-bagging and Transfer) constructed in such a way as Facility to allow waste and equipment to enter and leave a Mould Abatement area without spreading contaminants beyond the Abatement area. Worker Decontamination A series to two rooms (Clean and Dirty) constructed in such a way as to allow Facility persons to enter and leave a Mould Abatement area without spreading the contaminants beyond the Abatement area.

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NOTES

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NOTES

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APPENDIX VI

LEAD ON CONSTRUCTION PROJECTS GUIDELINES

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GUIDELINE

LEAD ON CONSTRUCTION PROJECTS

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For more copies, please contact

Publications Section Ministry of Labour 655 Bay St., 14th Floor Toronto ON M7A 1T7

(416) 326-7731 Toll-free: 1-800-268-8013 Fax: (416) 326-7745 E-mail: [email protected] Web: www.gov.on.ca/lab

Published September 2004

8 Queen's Printer for Ontario, 2004

ISBN 0-7794-6774-4

Le présent document est aussi disponible en français sous le titre - « Directives concernant l‘exposition au plomb sur les chantiers de construction » [ISBN 0-7794-6775-2].

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GUIDELINE

LEAD ON CONSTRUCTION PROJECTS

Occupational Health and Safety Branch Ministry of Labour September 2004

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Foreword...... i 1.0 INTRODUCTION ...... 1 2.0 LEGAL REQUIREMENTS...... 2 Occupational Health and Safety Act (the OHSA)...... 2 Workplace Hazardous Materials Information System (WHMIS) Regulation, R.R.O. Reg.860 ...... 2 Regulation for Construction Projects. O. Reg. 213/91 ...... 3 Regulation respecting Lead, Regulation 843...... 4 3.0 HEALTH EFFECTS ...... 5 How lead enters the body – what are the routes of entry? ...... 5 What happens when lead enters the body – what are the health effects? ...... 5 4.0 CONTROLLING THE LEAD HAZARD ...... 7 4.1 Engineering Controls ...... 7 4.2 Work Practices and Hygiene Practices...... 8 4.3 Protective Clothing and Equipment...... 8 4.4 Training...... 10 4.5 Medical Surveillance...... 10 5.0 CLASSIFICATION OF WORK ...... 12 Type 1 Operations ...... 12 Type 2 Operations ...... 13 Type 3 Operations ...... 13 6.0 MEASURES AND PROCEDURES FOR WORKING WITH LEAD ...... 17 6.1 General Measures and Procedures for Type 1, Type 2, and Type 3 Operations 17 6.2 Measures and Procedures for Type 1 Operations ...... 17 6.3 Measures and Procedures for Type 2 Operations ...... 18 6.4 Measures and Procedures for Type 3 Operations ...... 18 6.4.1 Preparation of the Work Area ...... 18 6.4.2 Barriers, Partial Enclosures and Full Enclosures...... 18 6.4.3 Decontamination Facility...... 20 6.4.4 Dust Control Measures ...... 21 6.4.5 Personal Protective Equipment...... 22 6.4.6 Clean-Up...... 22 APPENDIX 1 – Medical Surveillance Of Lead-Exposed Workers ...... 23 APPENDIX 2: Respirator Requirements & Other Measures and Procedures for Type 1, 2, and 3 Lead-Containing Operations...... 25

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Foreword

This Guideline has been prepared to assist persons, such as employers, construction project owners, constructors, contractors and subcontractors, who have duties under the Occupational Health and Safety (OHSA) and its regulations to protect workers from exposure to lead. It should not be taken to be a statement of the law or what is necessary to comply with the law. A person with legal duties may or may not agree with the Guideline and there is no legal requirement to follow the Guideline. It is for each such person to decide what is necessary to comply with the OHSA and its regulations.

A person who needs assistance in determining what constitutes compliance should consult with his or her legal advisor. Ministry inspectors will assess workplace situations against the relevant provisions of the OHSA and its regulations but they do not enforce the Guideline, although they may refer to it in determining whether the relevant laws have been complied with.

Guideline – Lead on Construction Projects i

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1.0 INTRODUCTION

Scope

Employers have a duty to protect their workers from lead exposure on construction projects. This guideline has been prepared to raise the awareness of employers and workers in the construction industry of the hazards posed by lead in construction and the measures and procedures that should be taken to control those hazards.

For the purpose of this guideline, lead refers to inorganic lead.

Lead in Construction

Lead is a heavy metal that has been in industrial use for thousands of years. It is pale silvery grey when freshly cut but it darkens on exposure to air. It is heavy, malleable, and a poor conductor of electricity. Lead may be used in its pure elemental form or combined chemically with other elements to form lead compounds. Inorganic lead compounds are used in pigments, paints, glasses, plastics and rubber compounds.

Lead can be present on construction projects in two distinct ways:

• It can be found in construction materials, such as paints, coatings, mortar, concrete, solder, and sheet metal. • It can be present at a construction site in existing structures, building components, and where lead was previously used in a manufacturing process.

Construction activities of particular concern include:

• abrasive blasting of structures coated with lead-based paints • application or removal of lead-containing paints • welding, burning, or high temperature cutting of lead-containing coatings or materials • removal of lead-containing dust using an air mist extraction system • removal of lead-containing mortars using an electric or pneumatic cutting device.

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2.0 LEGAL REQUIREMENTS

Occupational Health and Safety Act (the OHSA)

The OHSA sets out, in very general terms, the duties of employers and others to protect workers from health and safety hazards on the job. These duties include:

• taking all reasonable precautions to protect the health and safety of workers [clause 25(2)(h)] • ensuring that equipment, materials and protective equipment are maintained in good condition [clause 25(1)(b)] • providing information, instruction and supervision to protect worker health and safety [clause 25(2)(a)] • acquainting a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent [clause 25(2)(d)].

In addition, section 30 of the OHSA deals with the presence of designated substances on construction projects. Since lead is a designated substance (R.R.O. 1990, Reg. 843), compliance with the OHSA and Regulations will require some action to be taken where there is a lead hazard on a construction project.

Section 30 requires the owner of a project to determine if lead is present on a project and, if it is, to so inform all potential contractors as part of the bidding process. In a similar way, contractors who receive this information are to pass it onto other contractors and subcontractors who are bidding for work on the project. If the owner or any contractor fails to comply with this requirement, they will be liable for any loss or damages that result from a contractor subsequently discovering that lead is present.

Workplace Hazardous Materials Information System (WHMIS) Regulation, R.R.O. 1990, Reg.860

The WHMIS Regulation applies to all workplaces covered by the OHSA. Any employer or constructor who uses WHMIS controlled products is required to comply with the WHMIS Regulation (Reg. 860) regarding the requirements for labels, material safety data sheets, and worker education and training.

The Ministry of Labour is responsible for the administration and enforcement of both federal and provincial WHMIS legislation.

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Regulation for Construction Projects. O. Reg. 213/91

The Regulation for Construction Projects, O. Reg. 213/91, applies to all construction projects. Although lead is not mentioned specifically, the following sections of the O. Reg. 213/91 would apply to situations where there is the potential for workers to be exposed to lead:

Clause 14 (5) A competent person shall perform tests and observations necessary for the detection of hazardous conditions on a project.

Section 21 (1) A worker shall wear such protective clothing and use such personal protective equipment or devices as are necessary to protect the worker against the hazards to which the worker may be exposed.

(2) A worker’s employer shall require the worker to comply with subsection (1).

(3) A worker required to wear personal protective clothing or use personal protective equipment or devices shall be adequately instructed and trained in the care and use of the clothing, equipment or device before wearing or using it.

Section 30 Workers who handle or use…substances likely to endanger their health shall be provided with washing facilities with clean water, soap and individual towels.

Section 46 (1) A project shall be adequately ventilated by natural or mechanical means, (a) if a worker may be injured by inhaling a noxious…dust or fume;

(2) If it is not practicable to provide natural or mechanical ventilation in the circumstances described in clause (1)(a), respiratory protective equipment suitable for the hazard shall be provided and be used by the workers.

Section 59 If the dissemination of dust is a hazard to a worker, the dust shall be adequately controlled or each worker who may be exposed to the hazard shall be provided with adequate personal protective equipment.

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Regulation respecting Lead, R.R.O. 1990, Regulation 843

The Ministry’s designated substance regulation (DSR) for lead, Regulation 843, specifies occupational exposure limits (OELs) for lead, and requires assessment and a control program to ensure compliance with these OELs. The OEL for inorganic lead is 0.05 milligrams per cubic metre (mg/m3) of air as an 8-hour daily or 40-hour weekly time-weighted average.

Despite the fact that Regulation 843 and the OEL for lead do not generally apply to a constructor or to a construction employer on a construction project in respect of those workers who work at or on the project, construction employers still have a responsibility to protect the health of their workers. However, if the construction project is located at a workplace where lead is present and likely to be inhaled, ingested or absorbed by a worker then the employer of the workplace must protect the workers on the project by obeying the instructions set out in sections 4 and 5 of Regulation 843, even if the work is performed under a contract with another person. (Section 4 and 5 state how much airborne lead the worker may be exposed to with safety and describes when, and what circumstances, respirators must be used in order to meet these requirements.)

Measures and procedures that ensure construction workers receive the same standard of protection as workers covered by Regulation 843 should therefore be implemented on construction projects where exposure to lead is a hazard. Such measures and procedures are deemed to be in compliance with section 25(2)(h) of the OHSA, as taking “every precaution reasonable in the circumstances for the protection of a worker”.

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3.0 HEALTH EFFECTS

How lead enters the body – what are the routes of entry?

Two routes of entry are of major concern: inhalation and ingestion. Airborne lead particles in the form of fumes, dusts and mists can be inhaled deeply into the lungs if they are small enough, less than five micrometres (µm), i.e., five one-millionths of a meter. Larger particles are trapped in the upper respiratory tract, cleared from the lungs, and subsequently swallowed. You can also swallow lead dust if it gets in your food or drinks, or if you eat or smoke without washing your hands first.

What happens when lead enters the body – what are the health effects?

Shortly after lead is inhaled or ingested, it can enter the bloodstream and travel to soft tissues (such as the liver, kidneys, lungs, brain, spleen, muscles, and heart). After several weeks, most of the lead moves into your bones and teeth and can be stored there for a long time. Therefore, exposure to small amounts of lead can build up over time, and the more lead you have in your body, the more likely it is that you will experience health problems.

Early signs of lead poisoning include:

• tiredness • irritability • muscle and joint pain • headaches • stomach aches and cramps.

Harmful effects can follow a high exposure over a short period of time (acute poisoning), or long-term exposure to lower doses (chronic poisoning). Symptoms of acute lead poisoning include a metallic taste in the mouth and gastrointestinal symptoms such as vomiting, abdominal cramps, constipation, and diarrhea. Symptoms of chronic lead poisoning are more difficult to recognize because they are similar to many common complaints. However, severe chronic poisoning can lead to more characteristic symptoms, such as a blue line on the gums, wrist drop (the inability to hold the hand extended), severe abdominal pain and pallor.

Lead can also cause serious damage to a number of systems in the body. Overexposure to lead can affect:

Blood: Lead can interfere with the body’s ability to manufacture hemoglobin, the molecule in red blood cells responsible for carrying oxygen to the tissues. This may lead to anemia.

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Kidneys: Kidneys purify blood before it is distributed for use by the rest of the body. However, kidneys are not effective in filtering lead from the bloodstream. In addition, lead can damage the kidneys and reduce its ability to filter waste from the bloodstream.

Gastrointestinal System: Lead poisoning may result in abdominal pain, loss of appetite, vomiting, nausea, constipation or diarrhea.

Nervous System: Lead poisoning can cause peripheral nerve damage that results in muscle weakness. It may also lead to behavioural changes and to impairment of vision and hearing. At very high levels, lead can affect the brain, causing convulsions, coma, and even death.

Reproductive System: Lead may harm the developing fetus because of the shared blood supply between a mother and her fetus. Exposure of pregnant women to excessive lead may result in miscarriages and stillbirths. Overexposure to lead in men can impair sperm production.

Bones and Teeth: Absorbed lead can be deposited and stored in mineralizing tissues (bones and teeth) for a long period of time. Under certain circumstances, the release of stored lead increases and can re-enter the blood and target other systems in the body. The release of stored lead increases during periods of pregnancy, lactation, menopause, physiologic stress, chronic disease, hyperthyroidism, kidney disease, broken bones, and advanced age, and is exacerbated by calcium deficiency.

Although there are many possible symptoms, they should not be relied upon to warn of a lead- exposure problem because some changes take a long time to develop and workers may not notice a change in their health. If workers carry lead-containing dust home on their clothes, footwear, skin or hair, their family can be exposed to lead too. Children in particular are more susceptible to the harmful effects of lead. Even low-level exposures may harm the intellectual development, behaviour, size and hearing of infants. The best approach in preventing lead poisoning is to ensure that proper lead-exposure controls are in place before any health problems are noted.

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4.0 CONTROLLING THE LEAD HAZARD

Lead may affect the health of workers if it is in a form that may be inhaled (i.e. airborne particles) or ingested. In order for lead to be a hazard by inhalation, lead particles that are small enough to be inhaled must get into the air. There are three types of particles: dust, fume and mist. Lead dust consists of solid particles created through processes such as blasting, sanding, grinding, and electric or pneumatic cutting. Lead fumes are produced when lead or lead- contaminated materials are heated to temperatures above 500 °C, such as welding, high temperature cutting, and burning operations. The heating causes a vapour to be given off and the vapour condenses into solid fume particles. Mists are made up of liquid droplets suspended in air. The spray application of lead-based paint can generate a high concentration of lead- containing mist.

The strategy for controlling airborne lead hazard can therefore be broken down into three basic approaches:

• prevent lead from getting into the air • remove lead present in the air • if present in the air, prevent workers from inhaling it.

To prevent the ingestion of lead, workers should exercise good work and hygiene practices.

To avoid the ingestion, inhalation and unintentional transfer of lead from contaminated areas, it is essential to have the following control methods in place:

• engineering controls • work practices and hygiene practices • protective clothing and equipment • training.

Even with appropriate measures to control lead, some workers may still be affected. For this reason, periodic medical examinations are important for determining if the control measures in place are effective and if workers are suffering from the effects of lead exposure. This is known as medical surveillance (see Appendix 1) and can be considered to be a method for early detection and prevention of lead poisoning.

4.1 Engineering Controls

Workplace parties, which include owners, constructors, contractors, supervisors and workers, involved in construction projects that may expose workers to lead should:

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• Substitute lead-containing coatings and materials with lead-free coatings and materials (e.g. substitute lead-containing paints with non-lead based paints). This may also apply to those who develop specifications. • Select methods and equipment for the removal or installation of lead-containing coatings and materials that will reduce dust generation (e.g. wet methods, such as wet sweeping and shovelling, reduce dust generation and should be used whenever practicable). This may also apply to those who develop the specifications. • General mechanical ventilation should be provided to remove contaminated air from the workplace, and filtered air should be provided to replace the exhausted air. • Local mechanical ventilation should be provided to remove contaminants at the source. This is the most effective method. Power tools that can generate lead-containing dust should be equipped with effective dust collection systems.

4.2 Work Practices and Hygiene Practices

Work practices and hygiene practices are on-the-job activities that reduce the exposure potential. Lead-containing material can accumulate on the hands, clothing and hair. From there it can be disturbed, re-suspended in air and inhaled or ingested. Workers should therefore be able to wash and shower at the end of each shift. The specific washing and decontamination facilities that should be provided for the most hazardous work are described in Section 6 of this guideline. For all work involving lead exposure, there should be no smoking, eating, drinking or chewing in contaminated areas. Food and beverages should be stored in an uncontaminated area.

An effective housekeeping program requires the regular cleanup removal of lead-containing dust and debris. Surfaces should be kept clean by washing down with water or vacuuming with a vacuum equipped with a high efficiency particulate air (HEPA) filter. Containers of lead- containing waste should be kept tightly covered to prevent dust from becoming airborne. Cleaning with compressed air or dry sweeping should be avoided.

4.3 Protective Clothing and Equipment

Personal protective clothing and equipment should be provided where workers may be exposed to lead. Appropriate personal protective clothing and equipment to prevent skin contamination, include but are not limited to coveralls or full-body work clothing; gloves, hats, and footwear or disposable coverlets; and safety glasses, face shields or goggles. Respirators should be provided to prevent the inhalation of lead where engineering controls and work practices do not control the concentration of lead to below the OEL.

Protective Clothing

The purpose of protective clothing is to prevent skin exposure and the contamination of regular clothing. All clothing and equipment that has been worn in a lead-contaminated area must be

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removed at the end of each shift and be decontaminated. Under no circumstances should these be taken home. When handling lead-contaminated clothing avoid shaking, as this can be a significant source of exposure to lead dust. Lead-contaminated clothing and equipment should be placed in sealed impermeable plastic bags with proper labels indicating lead contamination. Washing facilities and procedures must be suitable for handling lead contaminated laundry.

Respirators

Where engineering controls and work practices do not control the concentration of lead to below the OEL, workers should wear respirators. If respirators are used, a respirator program should be implemented. The program should be developed in consultation with the joint health and safety committee or health and safety representative, if there is one, and should include written procedures for the selection, use, care and maintenance of personal respiratory protective equipment. Workers should be instructed and trained on the care and use of personal protective equipment before using it. Some workers may have a medical condition that causes them to have difficulty breathing when wearing a respirator. If such workers have written medical proof of their condition, they should not be required to do work that requires a respirator.

Respirator selection

Where respirators are provided, they should be appropriate in the circumstances for the anticipated concentrations of airborne lead. Respirators should be selected in accordance with the U.S. National Institute for Occupational Safety and Health (NIOSH) assigned protection factors (APF).

Use, Care, and Maintenance of Respirators

The following general use, care, and maintenance procedures should be followed whenever respirators are required:

• respirators should be used and maintained in accordance with the manufacturer’s specifications • storage of respirators should be in a convenient, clean and sanitary location and in a manner that does not subject them to damage or distortion • respirators assigned for the exclusive use of one worker, should be cleaned, disinfected and inspected after each shift on which they are used • respirators used by more than one worker, should be cleaned, disinfected and inspected after each use • any respirator parts that are damaged or that have deteriorated should be replaced before the respirator is used • please refer to CSA standard Z94.4-02 for additional information of the use and care of respirators.

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Ideally respirators should be assigned for the exclusive use of one worker. But before a decision is made for a respirator to be shared by more than one worker, the following factors should be considered:

• the fit of the equipment • the health and safety risk to the worker that supplying non-exclusive use equipment would cause • any undue economic hardship to the employer that supplying exclusive use equipment would cause.

Respirators with a tight-fitting face-piece, must be fitted to the worker in such a way that there is an effective seal between the equipment and the worker’s face. Each worker must be fitted for each type of respirator to be worn.

4.4 Training

Training is an important component in preventing worker exposure to lead. Control methods, measures and procedures can only be as effective as the workers carrying them out. It is therefore essential for training to cover the following:

• WHMIS training, • the hazards of lead, including health effects and symptom recognition, • personal hygiene, respirator requirements, and work measures and procedures, and • the use, cleaning and disposal of respirators and protective equipment;

Instruction and training should be provided by a competent person. This could be the employer or someone hired by the employer. A competent person is defined under the OHSA as a person who:

• is qualified because of his/her knowledge, training and experience to organize and carry out the work safely; • is familiar with the provisions of the act and the regulations that apply to the work; and • has knowledge of any potential health and safety hazards in the workplace.

The health and safety representative or the representative of a joint health and safety committee should be advised about when and where the training and instruction is to be carried out.

4.5 Medical Surveillance

Medical surveillance can be used as a preventive measure. By providing regular medical examinations and biological monitoring (i.e. blood-lead tests) on workers exposed to lead, subsequent adverse health effects can be detected. The examining physician can then alert the

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worker, the employer and the joint health and safety committee to exposure problems in the workplace that might otherwise go unrecognized

Workers working with lead on a regular basis should have pre-placement medical examinations that include blood-lead tests, followed by periodic medical examinations. Blood-lead tests should be taken every six months, or more frequently at the discretion of a physician. Additional information of the medical surveillance program for lead exposed workers can be found in Appendix 1.

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5.0 CLASSIFICATION OF WORK

A key feature of this guideline is the classification of work. It is the classification of the work that determines the appropriate respirators, measures and procedures that should be followed to protect the worker from lead exposure. In this guideline, lead-containing construction operations are classified into three groups, Type 1, Type 2, and Type 3 operations, and can be thought of as being of low, medium and high risk. Some groups, Type 2 and Type 3, are further subdivided. From Type 1 to Type 3 operations, the corresponding respirator requirements, and measures and procedures become increasingly stringent.

The classification of typical lead-containing construction tasks is based on presumed airborne concentrations obtained from the U.S. Occupational Safety and Health Administration (OSHA), the Ontario Ministry of Labour, and published research studies. The classification of Type 1, Type 2, or Type 3 operations are grouped based on the following concentrations of airborne lead:

TYPE 1 OPERATIONS TYPE 2 OPERATIONS TYPE 3 OPERATIONS Type 2a Type 2b Type 3a Type 3b

< 0.05 mg/m3 > 0.05 to 0.50 > 0.50 to 1.25 > 1.25 to 2.50 > 2.50 mg/m3 mg/m3 mg/m3 mg/m3

TYPE 1 OPERATIONS

• Application of lead-containing coatings with a brush or roller. • Removal of lead-containing coatings with a chemical gel or paste and fibrous laminated cloth wrap. • Removal of lead-containing coatings or materials using a power tool that has an effective* dust collection system equipped with a HEPA filter. • Installation or removal of lead-containing sheet metal. • Installation or removal of lead-containing packing, babbit or similar material. • Removal of lead-containing coatings or materials using non-powered hand tools, other than manual scraping or sanding. • Soldering.

* Effective implies that the dust collection system should be capable of controlling airborne lead concentration levels to below 0.05 mg/m3. Employers should follow manufacturer’s recommendations and maintenance specifications for optimal function.

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TYPE 2 OPERATIONS

TYPE 2a OPERATIONS

• Welding or high temperature cutting of lead-containing coatings or materials outdoors. This operation is considered a Type 2a operation only if it is short-term, not repeated, and if the material has been stripped prior to welding or high temperature cutting. Otherwise, it will be considered a Type 3a operation. • Removal of lead-containing coatings or materials by scraping or sanding using non- powered hand tools. • Manual demolition of lead-painted plaster walls or building components by striking a wall with a sledgehammer or similar tool.

TYPE 2b OPERATIONS

• Spray application of lead-containing coatings.

TYPE 3 OPERATIONS

TYPE 3a OPERATIONS

• Welding or high temperature cutting of lead-containing coatings or materials indoors or in a confined space. • Burning of a surface containing lead. • Dry removal of lead-containing mortar using an electric or pneumatic cutting device. • Removal of lead-containing coatings or materials using power tools without an effective dust collection system equipped with a HEPA filter. • Removal or repair of a ventilation system used for controlling lead exposure. • Demolition or cleanup of a facility where lead-containing products were manufactured. • An operation that may expose a worker to lead dust, fume or mist that is not a Type 1, Type 2, or Type 3b operation.

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TYPE 3b OPERATIONS

• Abrasive blasting of lead-containing coatings or materials. • Removal of lead-containing dust using an air mist extraction system.

Employers, supervisors, and workers should be able to recognize and classify lead-containing operations in order to provide appropriate respirators, measures and procedures. Respirator requirements are listed in Table 1 for Type 1, Type 2, and Type 3 operations.

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TABLE 1: RESPIRATOR REQUIREMENTS

Operations Required Respirator

Type 1 ( < 0.05 mg/m3)

• Application of lead-containing coatings with a brush Respirators should not be necessary if the general or roller. procedures listed in Section 6.1 are followed and if the 3 • Removal of lead-containing coatings with a chemical level of lead in the air is less than 0.05 mg/m . gel or paste and fibrous laminated cloth wrap. However, if the worker wishes to use a respirator, a half-mask particulate respirator with N-, R- or P-series • Removal of lead-containing coatings or materials filter, and 95, 99 or 100% efficiency should be using a power tool that has an effective dust provided. collection system equipped with a HEPA filter. • Installation or removal of lead-containing sheet metal. • Installation or removal of lead-containing packing, babbit or similar material. • Removal of lead-containing coatings or materials with a non-powered hand tool, other than manual scraping and sanding. • Soldering.

3 Type 2a ( > 0.05 to 0.50 mg/m ) NIOSH APF = 10

• Welding or high temperature cutting of lead- Half-mask particulate respirator with N-, R-or P-series containing coatings or materials outdoors. This filter, and 95, 99 or 100% efficiency. operation is considered a Type 2a operation only if it is short-term, not repeated, and if the material has been stripped prior to welding or high temperature cutting. Otherwise, it will be considered a Type 3a operation. • Removal of lead-containing coatings or materials by scraping or sanding using non-powered hand tools. • Manual demolition of lead-painted plaster walls or building components by striking a wall with a sledge hammer or similar tool.

3 3 Type 2b ( > 0.50 mg/m to 1.25 mg/m ) NIOSH APF = 25

• Spray application of lead-containing coatings. Powered air purifying respirator equipped with a hood or helmet, and any type of high efficiency filter.

Supplied air respirator equipped with a hood or helmet and operated in a continuous flow mode.

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Operations Required Respirator

Type 3a ( > 1.25 to 2.50 mg/m3 ) NIOSH APF = 50

• Welding or high temperature cutting of lead- Full-facepiece air-purifying respirator with N-, R-or P- containing coatings or materials indoors or in a series filter, and 100% efficiency. confined space. • Burning of a surface containing lead. Tight-fitting powered air-purifying respirator with a high efficiency filter. • Dry removal of lead-containing mortar using an

electric or pneumatic cutting device Full-facepiece supplied-air respirator operated in • Removal of lead-containing coatings or materials demand mode. using power tools without an effective dust collection system equipped with a HEPA filter. Half-mask or full-facepiece supplied air respirator • Removal or repair of a ventilation system used for operated in continuous-flow mode. controlling lead exposure. • Demolition or cleanup of a facility where lead- containing products were manufactured. • An operation that may expose a worker to lead dust, fume or mist that is not a Type 1,Type 2 or Type 3b operation. 4 Type 3b (> 2.50 mg/m ) NIOSH APF ≥ 1000

• Abrasive blasting of lead-containing coatings or Type CE abrasive-blast supplied respirator operated in materials. a positive pressure mode with a tight-fitting half-mask facepiece.

• Removal of lead-containing dust using an air mist Full-facepiece supplied-air respirator operated in extraction system. pressure-demand or other positive-pressure mode.

* NIOSH APF = National Institute of Occupational Safety and Health Assigned Protection Factor Note: It is recommended that compressed air used to supply air respirators should meet the breathing air purity requirement of CSA Standard Z180.1-00. Where an oil-lubricated compressor is used to supply breathing air, a continuous carbon monoxide monitor/alarm must be provided.

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6.0 MEASURES AND PROCEDURES FOR WORKING WITH LEAD

Protective measures and procedures should be implemented when working with lead. Specific measures and procedures will depend on how the work is classified. This section of the guideline outlines general measures and procedures for all work with lead, followed by specific recommendations for Type 1, Type 2, and Type 3 operations.

6.1 General Measures and Procedures for Type 1, Type 2, and Type 3 Operations

The following is a list of general measures and procedures that should be followed for all work with lead:

• washing facilities consisting of a wash basin, water, soap and towels should be provided and workers should use these washing facilities before eating, drinking, smoking or leaving the project; • workers should not eat, drink, chew gum or smoke in the work area; • drop sheets should be used below all lead operations which produce or may produce dust, chips, or debris containing lead; • dust and waste should be cleaned up and removed by vacuuming with a HEPA filter equipped vacuum; • clean-up after each operation should be done to prevent lead contamination and exposure to lead; • dust and waste should be cleaned up at regular intervals and placed in a container that is: dust tight identified as containing lead waste cleaned with a damp cloth or a vacuum equipped with a HEPA filter immediately before being removed from the work area • removed from the workplace frequently and at regular intervals; • the work area should be inspected daily at least once to ensure that the work area is clean; and • compressed air or dry sweeping should not be used to clean up any lead-containing dust or waste from a work area or from clothing.

6.2 Measures and Procedures for Type 1 Operations

Respirators should not be necessary if the general procedures (above) are followed. However, any worker who requests a respirator should be provided with a half-mask particulate respirator with N-, R- or P-series filter, and 95, 99 or 100% efficiency.

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6.3 Measures and Procedures for Type 2 Operations

Preparation of the Work Area

For all Type 2 operations, signs should be posted in sufficient numbers to warn of the lead hazard. There should be a sign, at least, at each entrance to the work area. The signs should display the following information in large, clearly visible letters:

1. There is a lead dust, fume or mist hazard. 2. Access to the work area is restricted to authorized persons. 3. Respirators must be worn in the work area.

Personal Protective Clothing and Equipment

Suitable protective clothing and equipment, as recommended in Section 4.3, should be worn by every worker who enters the work area.

Where lead-containing paints or coatings are being applied by spraying, all workers in the work area should wear a powered air purifying respirator equipped with a hood or helmet and a high efficiency filter, or a supplied air respirator equipped with a hood or helmet and operated in a continuous flow mode should be adequate.

For all other Type 2 operations, a half-mask particulate respirator with N-, R- or P-series filter, and 95, 99 or 100% efficiency should be adequate.

6.4 Measures and Procedures for Type 3 Operations

6.4.1 Preparation of the Work Area

Warning signs should be provided for all Type 3 operations. Signs should be posted in sufficient numbers to warn of the lead hazard, and at least at each entrance of the work area. The signs should display the following information in large, clearly visible letters:

1. There is lead dust, fume or mist hazard. 2. Access to the work area is restricted to authorized persons. 3. Respirators must be worn in the work area.

6.4.2 Barriers, Partial Enclosures and Full Enclosures

Barriers, partial enclosures, and full enclosures are used to separate the work area from the rest of the project, and in some cases, to prevent lead exposure to other workers not directly involved in the operation. Partial and full enclosures can also prevent or reduce the dispersion of lead into the surrounding work area and environment. Barriers should only be used where full and partial enclosures are not practicable.

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Barriers

Ropes or barriers do not prevent the release of contaminated dust or other contaminants into the environment. However, they can be used to restrict access of workers who are not adequately protected with proper PPE, and also prevent the entry of workers not directly involved in the operation. Ropes or barriers should be placed at a distance far enough from the operation that allows the lead-containing dust to settle. If this is not achievable, warning signs should be posted at the distance where the lead-containing dust settles to warn that access is restricted to persons wearing PPE. For example, the removal of mortar and cutting operations, ropes or barriers should be located at least 10 metres away. All workers within the barrier or warning sign zone must be adequately protected.

Partial Enclosures

Partial enclosures allow some emissions to the atmosphere outside of the enclosure. Partial enclosures may consist of vertical tarps and floor tarps so long as the tarps are overlapped and securely fixed together at the seams. A partial enclosure is not a recommended containment system if significant dust is being generated.

Full Enclosures

Full enclosures are tight enclosures (with tarps that are generally impermeable and fully sealed joints and entryways). Full enclosures allow minimal or no fugitive emissions to reach the outside environment. For full enclosures, the following requirements should be met:

• the enclosure should be made of windproof materials that are impermeable to dust • the enclosure should be supported by a secure structure • all joints in the enclosure should be fully sealed • entrances to the enclosure should be equipped with overlapping tarps or air locks • the escape of abrasive and debris from the enclosure should be controlled, at air supply points, by the use of baffles, louvers, flap seals and filters • general mechanical ventilation should be provided to remove contaminated air from the enclosure and filtered air should be provided to replace the exhausted air • equipment venting such air should be equipped with filters adequate to control vented air to provincial environmental standards • the air velocity within the enclosure should provide an average minimum cross-draft or down-draft past each worker during abrasive blasting operations as follows: cross-draft velocity of 0.5 m/sec (100 ft/min) down-draft velocity of 0.25 m/sec (50 ft/min)

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Indoor Operations

For Type 3a operations conducted indoors, barriers, partial enclosures, or full enclosures should be provided. For Type 3b operations (abrasive blasting, removal of lead-containing dust using an air mist extraction system) conducted indoors, full enclosures should be provided.

Outdoor Operations

For Type 3a and 3b operations conducted outdoors, barriers, partial enclosures, or full enclosures should be provided. For dry abrasive blasting conducted outdoors, full enclosures should be provided.

6.4.3 Decontamination Facility

A decontamination facility should be made available for workers carrying out for the following Type 3 operations:

Type 3a Operations • removal of lead-containing coatings and materials using power tools without an effective dust collection system equipped with a HEPA filter • demolition or clean-up of a facility where lead-containing products were manufactured Type 3b Operations • abrasive blasting of lead-containing coatings or materials • removal of lead-containing dust using an air mist extraction system

The decontamination facility should be located as close as practicable to the work area and should consist of:

• a room suitable for changing into protective clothing and for storing contaminated protective clothing and equipment • a shower room as described below • a room suitable for changing into street clothes and for storing clean clothing and equipment

The rooms in the decontamination facility should be arranged in sequence and constructed so as to prevent the spread of lead dust.

The shower room in the decontamination facility should be provided with the following:

• hot and cold water or water of a constant temperature that is not less than 40° Celsius or more than 50° Celsius

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• individual controls inside the room to regulate water flow and, if there is hot and cold water, temperature • clean towels.

Prior to each shift in which a decontamination facility is being used, a competent person should inspect the facility to ensure that there are no defects that would allow lead-containing dust to escape. Defects should be repaired before the facility is used. The decontamination facility should be maintained in a clean and sanitary condition.

Workers using the decontamination facility should do the following in the order shown:

• decontaminate protective clothing that will be reused on site by vacuuming with a HEPA-filter-vacuum or by damp wiping • remove the decontaminated protective clothing • place protective clothing that will not be reused on site in a container suitable for lead-containing dust and waste • shower without removing the respirator • remove and clean the respirator

6.4.4 Dust Control Measures

General and Local Mechanical Ventilation

Where the work area is enclosed, general mechanical ventilation should be provided. The air exhausted from an enclosed work area should pass through a dust collector effective for capturing the size of particulate matter being generated and for the volume and velocity of air moving through the enclosure.

Where a dust generating operation is carried out, local mechanical ventilation should be provided to remove dust at the source. Local mechanical ventilation is highly recommended for welding, burning, and high temperature cutting of lead-containing coatings and materials, and for the removal of lead-containing coatings and materials using power tools. Where local mechanical ventilation is used, the following should be met:

• Air velocity at any point in front of or at the opening of the ventilation hood should be sufficient to overcome opposing air currents and capture the contaminated air by causing it to flow into the hood. • Air velocity at the source should be at least 0.5 m/sec (100 ft/min) • Air discharged from the local mechanical ventilation system should pass through a HEPA filter and be routed out of the workplace in a way that will prevent the return of contaminants to the workplace.

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If local ventilation is not practicable, an appropriate respirator (as listed in Table 1) should be provided. However, the decision that local ventilation is not practicable should not be made without first consulting the joint health and safety committee or health and safety representative, if any, and without considering the following:

• any undue economic hardship to the employer that providing a local ventilation system would cause • the frequency and duration of the operation • any potential risks to the workers by not providing a local ventilation system.

Wet Methods

Wet methods should be incorporated in the operation to reduce dust generation. Examples of wet methods include wetting surfaces, wet scraping, and wet shovelling.

Wetting should not be used if it would create a hazard or could cause damage to equipment or to the project. Power tools should be equipped with a shroud, and the shroud should be kept flush with the surface.

6.4.5 Personal Protective Equipment

Protective Clothing

Every worker who enters a Type 3 operation work area should wear protective clothing (see Protective Clothing in Section 4.3).

Respirators

For most Type 3 operations, workers should wear a respirator with a NIOSH approved assigned protection factor of 50 (see Respirator Requirements in Table 1). Where the operation is abrasive blasting, the operator should wear a Type CE abrasive blast supplied air respirator operated in a pressure demand or positive pressure mode with a tight-fitting half-mask or tight- fitting full-facepiece.

It is recommended that compressed air used to supply supplied air respirators meet the breathing air purity requirements of CSA Standard Z180.1-00. Where an oil-lubricated compressor is used to supply breathing air, a continuous carbon monoxide monitor/alarm should be provided.

6.4.6 Clean-Up

Dust and waste should be cleaned up and removed by vacuuming with a HEPA filter equipped vacuum, wet sweeping and/or wet shovelling. Clean-up after each operation should be encouraged to prevent lead contamination and exposure to lead.

When abrasive blasting is finished, cleanup and removal of lead-containing dust and waste should take place.

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APPENDIX 1 – Medical Surveillance Of Lead-Exposed Workers

Where construction workers are exposed to airborne lead, measures and procedures to control their exposure should be implemented. This guide has outlined (in Section 4) the types of controls that should be in place for various work activities. But to ensure that these controls are effective they should be periodically evaluated. One way of doing this is by establishing a medical surveillance program. A medical surveillance program refers to the systematic collection, analysis, and evaluation of health data in the workplace to identify cases, patterns, or trends suggesting an adverse effect on workers’ health. It is highly recommended that employers establish and maintain a medical surveillance program in their workplace.

The essential features of a lead medical surveillance program are outlined below.

Medical Surveillance Program

Purpose

The objective of a medical surveillance program is to protect the health of workers by:

• ensuring their fitness for exposure to lead • evaluating their absorption of lead • enabling remedial action to be taken when necessary • providing health education.

Program

The medical surveillance program should include the following:

• pre-employment and pre-placement medical examinations • periodic medical examinations • clinical tests • health education • record keeping.

Medical Examinations

The medical examination should include the following:

History

The initial medical and occupational history should include enquiries about the worker’s previous exposure to lead (both occupational and non-occupational), personal habits

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(smoking and hygiene), and history of present or past gastrointestinal, hemopoietic, renal, reproductive, endocrine, or nervous disorders.

At subsequent examinations, the history should be updated to include:

• information on the frequency and duration of exposure to lead since the previous examination; • the occurrence of signs and symptoms that may be an early indication of lead intoxication, e.g., abdominal pain, constipation, vomiting, asthenia, paraesthesia and psychological change.

Physical Examination

Medical surveillance should include a general physical examination. Particular attention should be directed to those systems that may be affected by lead. Personal hygiene should also be noted.

Biological Monitoring

Biological monitoring refers to the collection and assessment of bodily fluids or tissue, to evaluate occupational exposure to chemical hazards. The concentration of lead in a worker’s blood is a good indicator of lead absorption by that individual. It does not indicate the total body burden of lead, but it is useful in the assessment of a worker’s fitness for continued exposure to lead. As such, determining the blood lead levels in lead-exposed workers is highly recommended.

The concentration of lead in the blood can be used to determine:

• When a worker should be removed from lead exposure; • When an enquiry regarding work practices and personal hygiene should be made; • When further test(s) should be made; and, • When a worker may be permitted to return to work.

The determination of whether a worker is fit, fit with limitations or unfit for exposure to lead should only be made by a physician. In addition, a physician should determine the required frequency for biological monitoring on an individual basis.

If symptoms or signs of lead intoxication are present the worker should be removed from lead exposure regardless of blood lead level.

In addition, it is recommended that a pre-placement blood-lead test be taken to establish a baseline for each worker that is exposed to lead.

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APPENDIX 2: Respirator Requirements & Other Measures and Procedures for Type 1, 2, and 3 Lead-Containing Operations

OPERATIONS REQUIRED OTHER MEASURES & PROCEDURES -

23 Hazardous Materials Survey Report RESPIRATOR TYPE 1 • Application of lead-containing coatings with a brush or Respirators should not be necessary if • Washing facilities consisting of wash basin, water, soap and roller. general procedures listed in Section 6.1 towels should be provided and workers should use these washing facilities before eating, drinking, smoking or leaving • Removal of lead-containing coatings with a chemical gel of the Guideline are followed and if the levels of lead in air are less than 0.05 the project; or paste and fibrous laminated cloth wrap. 3 mg/m. However, if the worker wishes Workers should not eat, drink, chew gum or smoke in the work • Removal of lead-containing coatings or materials using a to use a respirator, a half-mask • area; power tool that has an effective dust collection system particulate respirator with N-, R- or P- equipped with a HEPA filter. series filter, and 95, 99 or 100% • Dust and waste should be cleaned up at regular intervals and efficiency should be provided. placed in a container that is: • Installation or removal of lead-containing sheet metal. - dust tight • Installation or removal of lead-containing packing, - identified as containing lead waste babbit or similar material - cleaned with a damp cloth or a vacuum equipped with a • Removal of lead-containing coatings or materials using HEPA filter immediately before being removed from the non-powered hand-held tools, other than manual work area scraping or sanding. - removed from the workplace frequently and at regular • Soldering. intervals; • Drop sheets should be used below all lead operations which produce or may produce dust, chips, or debris containing lead; • Cleanup after each operation is encouraged to prevent lead contamination and exposure to lead; • Work area should be inspected at least daily to ensure that the work area is clean; • Compressed air or dry sweeping should not be used to clean up any lead-containing dust or waste from a work area or from

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OPERATIONS REQUIRED OTHER MEASURES & PROCEDURES RESPIRATOR TYPE 2 -

23 Hazardous Materials Survey Report TYPE 2a • Welding or high temperature cutting of lead-containing Half-mask particulate respirator with (In addition to Type 1 measures and procedures.) coatings or materials outdoors. This operation is N-, R-, or P-series filter and 95, 99 or • Signs should be posted in sufficient numbers to warn of the lead considered a Type 2a operation only if it is short-term, 100 percent efficiency. hazard. There should be a sign, at least, at each entrance to the not repeated, and if the material has been stripped prior work area. The signs should display the following information to welding or high temperature cutting. in large, clearly visible letters: • Removal of lead-containing coatings or materials by - There is a lead dust, fume or mist hazard. scraping or sanding using non-powered hand tools - Access to the work area is restricted to authorized persons. - Respirators must be worn in the work area. • Manual demolition of lead-painted plaster walls or building components by striking a wall with a sledge • Suitable protective clothing and equipment should be worn by hammer or similar tool every worker who enters the work area (refer to Section 4.3 of the guideline).

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OPERATIONS REQUIRED OTHER MEASURES & PROCEDURES RESPIRATOR TYPE 3 -

23 Hazardous Materials Survey Report TYPE 3a Full-facepiece air-purifying respirator • Welding or high temperature cutting of lead-containing (In addition to Type 1 and Type 2 measures and procedures.) coatings or materials indoors or in a confined space. equipped with N-, R-, or P-series filter • For Type 3a operations conducted indoors or outdoors, enclosures and 100% efficiency. should be provided in the form of barriers, partial enclosures, or • Burning of a surface containing lead. OR full enclosures. • Dry removal of lead-containing mortar using an electric Tight-fitting PAPR with a high For Type 3b operations conducted indoors, full enclosures should or pneumatic cutting device. • efficiency particulate filter. be provided. • Removal of lead-containing coatings or materials using OR power tools without an effective dust collection system Half-mask or full-facepiece supplied air • With the exception of dry abrasive blasting conducted outdoors, enclosures provided for all other Type 3b operations conducted equipped with a HEPA filter. respirator operated in a continuous flow mode. outdoors should be in the form of barriers, partial enclosures, or • Removal or repair of a ventilation system used for OR full enclosures. For dry abrasive blasting outdoors, full controlling lead exposure. Half-mask supplied air respirator enclosures should be provided. • Demolition or cleanup of a facility where lead- operated in pressure-demand or other • Where there is an enclosure, general mechanical ventilation containing products were manufactured. positive-pressure mode. should be provided. • An operation that may expose a worker to lead dust, • A decontamination facility (refer to 6.4.3 of the guideline) should fume or mist that is not a Type 1, Type 2, or Type 3b be made available for workers carrying out the following operation. operations: TYPE 3b - abrasive blasting of lead-containing coatings or Type CE abrasive-blast supplied air materials • Abrasive blasting of lead-containing coatings or respirator operated in a positive-pressure - the removal of lead-containing coatings or materials materials. mode with a tight-fitting half-mask using power tools without an effective dust collection facepiece. system equipped with a HEPA filter - removal of lead-containing dust using an air mist Type CE abrasive-blast supplied air extraction system respirator operated in a pressure-demand - demolition or cleanup of a facility where lead- or positive pressure mode with a tight- containing products were manufactured. fitting full-facepiece • When abrasive blasting is finished, dust and waste should be cleaned up and removed by vacuuming with a HEPA filter

Page 241 of312 • Removal of lead-containing dust using an air mist Supplied air respirator equipped with a equipped vacuum, wet sweeping and/or wet shovelling. extraction system tight-fitting half-mask or full-facepiece • Where a dust generating operation is carried out, local exhaust and operated in pressure demand or ventilation should be provided to remove dust at the source. Wet positive pressure mode. methods should also be incorporated in the operation to reduce dust generation.

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APPENDIX VII

SILICA ON CONSTRUCTION PROJECTS GUIDELINES

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GUIDELINE

SILICA ON CONSTRUCTION PROJECTS

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For more copies, please contact

Publications Section Ministry of Labour 655 Bay St., 14th Floor Toronto ON M7A 1T7

(416) 326-7731 Toll-free: 1-800-268-8013 Fax: (416) 326-7745 E-mail: [email protected] Web: www.gov.on.ca/lab

Published September 2004

8 Queen's Printer for Ontario, 2004

ISBN 0-7794-6776-0

Le présent document est aussi disponible en français sous le titre - « Directives concernant l‘exposition à la silice sur les chantiers de construction » [ISBN 0-7794-6777-9]

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GUIDELINE

SILICA ON CONSTRUCTION PROJECTS

Occupational Health and Safety Branch Ministry of Labour September 2004

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TABLE OF CONTENTS

Foreword...... i

1.0 INTRODUCTION...... 1

2.0 LEGAL REQUIREMENTS ...... 3 Occupational Health and Safety Act (OHSA)...... 3 Workplace Hazardous Materials Information System (WHMIS) Regulation, R.R.O. 1990, Reg. 860 ...... 3 Regulation for Construction Projects, O. Reg. 213/91 ...... 4 Regulation Respecting Silica, R.R.O. 1990, Reg. 845...... 4

3.0 HEALTH EFFECTS ...... 6 Chronic Silicosis...... 6 Accelerated Silicosis ...... 7 Acute Silicosis...... 7 How does silica enter the body? ...... 7

4.0 CONTROLLING THE SILICA HAZARD...... 8 4.1 Engineering Controls ...... 8 4.2 Work Practices and Hygiene Practices...... 9 4.3 Personal Protective Equipment...... 10 4.4 Training ...... 11 4.5 Medical Surveillance ...... 11

5.0 CLASSIFICATION ON WORK ...... 13 Type 1 Operations ...... 13 Type 2 Operations ...... 14 Type 3 Operations ...... 14 Table 1: Respirator Requirements ...... 15

6.0 MEASURES AND PROCEDURES FOR WORKING WITH SILICA ...... 16 6.1 General Measures and Procedures for Type 1, Type 2, and Type 3 Operations ...... 16 6.2 Measures and Procedures for Type 1 Operations ...... 17 6.3 Measures and Procedures for Type 2 Operations ...... 17 6.4 Measures and Procedures for Type 3 Operations ...... 18 6.4.1 Barriers, Partial Enclosures and Full Enclosures ...... 18

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APPENDIX 1 – Medical Surveillance of Silica-Exposed Workers ...... 21

APPENDIX 2: Respirator Requirements & Other Measures and Procedures for Type 1, 2, and 3 Silica-Containing Operations ...... 23

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Foreword

This Guideline has been prepared to assist persons, such as employers, construction project owners, constructors, contractors and subcontractors, who have duties under the Occupational Health and Safety Act (OHSA) and its regulations to protect workers from exposure to silica. It should not be taken to be a statement of the law or what is necessary to comply with the law. A person with legal duties may or may not agree with the Guideline and there is no legal requirement to follow the Guideline. It is for each such person to decide what is necessary to comply with the OHSA and its regulations.

A person who needs assistance in determining what constitutes compliance should consult with his or her legal advisor. Ministry inspectors will assess workplace situations against the relevant provisions of the OHSA and its regulations but they do not enforce the Guideline, although they may refer to it in determining whether the relevant laws have been complied with.

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1.0 INTRODUCTION

Scope

Employers have a duty to protect their workers from silica exposure on construction projects. This Guideline has been prepared to raise the awareness of employers and workers in the construction industry of the hazards posed by silica in construction and the measures and procedures that should be taken to control those hazards

For the purposes of this guideline, silica refers to crystalline silica in a respirable1 form.

Silica in Construction

Silica (SiO2) is a compound resulting from the combination of one atom of silicon with two atoms of oxygen. It is the second most common mineral in the earth’s crust and is a major component of sand, rock and mineral ores. Silica exists in several forms, of which crystalline silica is of most concern. The best-known and most abundant type of crystalline silica is quartz. Other forms of crystalline silica include cristobalite, tridymite, and tripoli.

In construction, worker exposure to silica is of particular concern because silica is the primary component of many construction materials. Some commonly used construction materials containing silica include: • abrasives used for blasting • brick, refractory brick • concrete, concrete block, cement, mortar • granite, sandstone, quartzite, slate • gunite • mineral deposits • rock and stone • sand, fill dirt, top soil • asphalt containing rock or stone. Many construction activities can generate airborne silica-containing dust. In construction, abrasive blasting generates the most dust. Exposure to silica from abrasive blasting can result if the abrasive contains silica and/or if the material being blasted contains silica. Other activities that generate airborne dust include:

1 “Respirable” means that size fraction of the airborne particulate deposited in the gas-exchange region of the respiratory tract and collected during air sampling with a particle size-selective device that, (a) meets the American Conference of Governmental Industrial Hygienists (ACGIH) particle size-selective criteria, and (b) has the cut point of 4 microns at 50 per cent collective efficiency.

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• chipping, hammering, and drilling of rock • crushing, loading, hauling, and dumping of rock • sawing, hammering, drilling, grinding, and chipping of concrete or masonry structures • demolition of concrete and masonry structures • dry sweeping or pressurized air blowing of concrete, rock, or sand dust • road construction • sweeping, cleaning, and dismantling equipment • tunnelling, excavation, and earth moving of soils with high silica content.

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2.0 LEGAL REQUIREMENTS

Occupational Health and Safety Act (OHSA)

The OHSA sets out, in very general terms, the duties of employers and others to protect workers from health and safety hazards on the job. These duties include, but are not limited to:

• taking all reasonable precautions to protect the health and safety of workers [clause 25(2)(h)], • ensuring that equipment, materials and protective equipment are maintained in good condition [clause 25(1)(b)], • providing information, instruction and supervision to protect worker health and safety [clause 25(2)(a)], and • acquainting a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent [clause 25(2)(d)].

In addition, section 30 of the OHSA deals with the presence of designated substances on construction projects. Since silica is a designated substance (R.R.O. 1990, Reg. 845), compliance with the OHSA and regulations will require some action to be taken where there is a silica hazard on a construction project.

Section 30 of the OHSA requires the owner of a project to determine if silica is present on a project and, if it is, to so inform all potential contractors as part of the bidding process. In a similar way, contractors who receive this information are to pass it onto other contractors and subcontractors who are bidding for work on the project. If the owner or any contractor fails to comply with this requirement, they will be liable for any loss or damages that result from a contractor subsequently discovering that silica is present.

Workplace Hazardous Materials Information System (WHMIS) Regulation, R.R.O. 1990, Reg. 860

The WHMIS Regulation applies to all workplaces covered by the OHSA. Any employer or constructor who uses WHMIS controlled products is required to comply with the WHMIS Regulation regarding the requirements for labels, material safety data sheets, and worker education and training.

The Ministry of Labour is responsible for the administration and enforcement of both federal and provincial WHMIS legislation.

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Regulation for Construction Projects, O. Reg. 213/91

The Regulation for Construction Projects, O. Reg. 213/91, applies to all construction projects. Although silica is not mentioned specifically, the following sections of the regulation would apply to situations where there is the potential for workers to be exposed to silica:

Section 14 (5) A competent person shall perform tests and observations necessary for the detection of hazardous conditions on a project.

Section 21 (1) A worker shall wear such protective clothing and use such personal protective equipment or devices as are necessary to protect the worker against the hazards to which the worker may be exposed.

(2) A worker’s employer shall require the worker to comply with subsection (1).

(3) A worker required to wear personal protective clothing or use personal protective equipment or devices shall be adequately instructed and trained in the care and use of the clothing, equipment or device before wearing or using it.

Section 30 Workers who handle or use…substances likely to endanger their health shall be provided with washing facilities with clean water, soap and individual towels.

Section 46 (1) A project shall be adequately ventilated by natural or mechanical means, (a) if a worker may be injured by inhaling a noxious…dust or fume;

(2) If it is not practicable to provide natural or mechanical ventilation in the circumstances described in clause (1)(a), respiratory protective equipment suitable for the hazard shall be provided and be used by the workers.

Section 59 If the dissemination of dust is a hazard to a worker, the dust shall be adequately controlled or each worker who may be exposed to the hazard shall be provided with adequate personal protective equipment.

Regulation Respecting Silica, R.R.O. 1990, Reg. 845

The Ministry’s designated substance regulation (DSR) for silica, Regulation 845, specifies occupational exposure limits (OELs) for silica and requires assessment and a control program to ensure compliance with these OELs. The OEL for respirable crystalline silica is 0.05 milligrams per cubic metre (mg/m3) of air by volume as an 8-hour daily or 40-hour weekly time- weighted average for cristobalite and tridymite. In the case of quartz and tripoli, the OEL is 0.10 milligrams per cubic meter of air by volume.

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Despite the fact that Regulation 845 and the OEL for silica do not generally apply to a constructor or to an employer on a construction project in respect of those workers who work at or on the project, construction employers still have a responsibility to protect the health of their workers. However, if the construction project is located at a workplace where silica is present and likely to be inhaled by a worker then the employer of the workplace must protect the workers on the project by obeying the instructions set out in sections 4 and 5 of Regulation 845, even if the work is performed under a contract with another person. (Section 4 and 5 state how much airborne silica the worker may be exposed to with safety and describes when, and what circumstances, respirators must be used in order to meet these requirements.).

Measures and procedures that ensure construction workers receive the same standard of protection as workers covered by Regulation 845 should therefore be implemented on construction projects where exposure to silica is a hazard. Such measures and procedures are deemed to be in compliance with section 25(2)(h) of the OHSA, as taking “every precaution reasonable in the circumstances for the protection of a worker”.

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3.0 HEALTH EFFECTS

The prolonged inhalation of respirable dust containing crystalline silica may result in silicosis, a disease characterized by progressive fibrosis of the lungs. A pneumoconiosis (lung disease caused by the inhalation of dust), silicosis is marked by shortness of breath and impaired lung function which may give rise to complications that can result in death. The development and the severity of silicosis depends on the airborne concentration of silica dust to which a worker is exposed and the duration of exposure.

The International Agency for Research on Cancer (IARC) has concluded that crystalline silica inhaled in the form of quartz or cristobalite from occupational sources is carcinogenic to humans and has classified these forms of silica as Group 1 carcinogens. In addition, the American Conference of Governmental Industrial Hygienists (ACGIH) has classified quartz as a suspected human carcinogen with an A2 classification

Crystalline silica may be harmful following high exposure levels received over a period, ranging from a few weeks to years or after long-term exposures to lower levels. There are three major types of silicosis: chronic, accelerated, and acute.

Chronic Silicosis

Chronic silicosis is most common. Symptoms may not appear for a long time, usually more than 10 years, and may progress and worsen over a period of many years. Chronic silicosis may be either a simple or a complicated type.

The effects of silicosis can continue to develop even after the exposure ceases and they are irreversible. In addition, the progression of lung fibrosis can also lead to the development of lung cancer

Simple Chronic Silicosis Simple silicosis is almost entirely without symptoms. In the early stages of the disease the lung nodules are small (usually 1 to 3 mm) and discrete in the upper lung fields. As the disease progresses the nodules increase in number and size and also occupy the lower field. Although simple silicosis may never grow more serious, long-term exposure to silica dust may lead to complicated silicosis.

Complicated Chronic Silicosis Complicated chronic silicosis is also called progressive massive fibrosis (PMF). The first symptoms may be shortness of breath with exercise, wheezing or sputum that causes coughing. However, some people with the disease have no symptoms. Complicated silicosis can become worse when in combination with other lung diseases. Severe complicated silicosis can result in heart disease in addition to lung disease.

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Accelerated Silicosis

Accelerated silicosis is almost the same as chronic silicosis. However, it develops more quickly and the lung scars show up sooner. Accelerated silicosis can develop when exposure to large amounts of silica dust occurs over a short time period. Nodules may appear on a chest x-ray five years after the first exposure to silica dust and the disease can quickly worsen.

Acute Silicosis

Acute silicosis is a lung disease that develops rapidly. As few as 8 to 18 months may elapse from the time of first exposure to the onset of symptoms, which include progressive shortness of breath, fever, cough and weight loss. There is a rapid progression of respiratory failure usually resulting in death within one or two years.

How does silica enter the body?

Occupational exposure to silica occurs through inhalation of small airborne particles of silica dust, mainly in the range of 5.0 µm to 0.5 µm, which are not expelled from the lung when inhaled. Instead, they remain in the lung and are deposited in lymph nodes, where over time, calcium can deposit in those nodes and settle along the rim of the lymph node. This condition is known as “egg-shell” calcification. In some cases, silica particles are carried into the lungs where a scar may form around the particles. Over time, the hardened scars gradually start to show up on the chest x-ray as fibrosis of the lung.

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4.0 CONTROLLING THE SILICA HAZARD

In order for silica to be a hazard, silica-containing dust particles that are small enough to be inhaled (i.e., respirable) must get into the air. The strategy for controlling the silica hazard can therefore be broken down into three basic approaches:

• prevent silica dust from getting into the workplace air • remove silica dust present in the air • if present, prevent workers from inhaling the dust.

To avoid the inhalation of silica, it is essential to have the following control methods in place:

• engineering controls • work practices and hygiene practices • respirators and personal protective equipment • training.

However, even with appropriate measures to control silica, some workers may still be affected. For this reason, periodic medical examinations are important for determining if the control measures in place are effective and if workers are suffering from any of the effects of silica exposure. This is known as medical surveillance (see Appendix 1), and can be considered to be a method of early detection and prevention of silicosis.

4.1 Engineering Controls

Engineering controls are methods of designing or modifying equipment, ventilation systems, and processes to minimize the amount of a substance that gets into the workplace air. They include:

• substitution • process control • enclosure and/or isolation of the emission source • ventilation.

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Substitution can eliminate silica from certain processes by replacing it with a less toxic material. Some examples are:

• silica sand used in abrasive blasting may be replaced by metal shot and grit, alumina, garnet, cereal husks, sawdust, high pressure water, steel sand, silicon carbide or corundum (Note: When choosing non-silica containing abrasives, avoid choosing abrasives that may introduce new health hazards to the workplace. For example, abrasives containing walnut shells may cause allergic reactions in some workers.); • the replacement of sandstone grinding wheels with ones using an abrasive like aluminum oxide; and • the use of magnesite or aluminum oxide bricks in place of silica bricks in furnaces.

When it is not possible to use a silica substitute, changing how a process is performed can lower silica exposures. For instance, wet methods reduce dust and should be used whenever practical, particularly in cutting, grinding, and drilling operations. Another example is the modification of an abrasive operation to produce a coarser dust that is less hazardous because it settles more readily and is less likely to be trapped in the lungs if inhaled.

If a process cannot be modified to reduce exposure, it may have to be isolated or enclosed. Dusty operations can be isolated by carrying them out in areas that are physically separated from non-dusty areas and keeping workers not involved in the operation out of the area. Where isolation is not effective, the process can be completely sealed off from the rest of the workplace with an enclosure.

Ventilation refers to engineering controls that rely on the removal of contaminated air from the workplace and the replacement of exhausted air with filtered air. The most effective use of ventilation to control a silica hazard is the removal of dust at its source (local exhaust ventilation). Often dust-generating tools are equipped with dust collection systems to prevent dust from spreading or becoming airborne. An essential component of these systems are the cleaning devices, such as filters, which will effectively remove the dust.

4.2 Work Practices and Hygiene Practices

Work practices and hygiene practices are on-the-job activities that reduce the exposure potential from contaminated surfaces and work areas. Silica can also accumulate on the hands, clothing and hair. From there it can be disturbed, re-suspended in air and inhaled. Workers should therefore be able to wash and shower at the end of each shift. There should be no smoking, eating, drinking or chewing in contaminated areas and lunches should be stored in an uncontaminated area. It is therefore important to follow good work and hygiene practices whenever silica is present.

Good housekeeping is important wherever silica dust is generated. Containers of silica- containing waste should be kept tightly covered to prevent dust from becoming airborne. Surfaces should be kept clean by washing down with water or vacuuming with a vacuum equipped with a high-efficiency particulate air (HEPA) filter. Cleaning with compressed air or dry sweeping should be avoided.

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4.3 Personal Protective Equipment

Personal protective equipment includes protective clothing and respirators. The purpose of protective clothing is to prevent the contamination of regular clothing and the transportation of silica-containing materials from the workplace. Clothing that is contaminated with silica dust should not therefore be worn home without cleaning.

Sometimes engineering controls and work practices cannot lower the concentration of silica to non-hazardous levels and workers must wear respirators for protection. If respirators must be used, a respirator program should be implemented. It should include written procedures for the selection, use, care and maintenance of personal respiratory protection equipment. Workers should be instructed and trained on the care and use of personal protective equipment before using it. Some workers may have a medical condition that causes them to have difficulty breathing when wearing a respirator. Such workers should not be assigned to do work that requires a respirator if they have written medical proof of their condition.

Respirator Selection

Where respirators are provided, they should be appropriate in the circumstances for the type and the concentration of airborne silica. Respirators should be selected in accordance with the U.S. National Institute for Occupational Safety and Health (NIOSH) assigned protection factors (APF).

Use, Care, and Maintenance of Respirators

The following general use, care, and maintenance procedures should be followed whenever respirators are required:

• respirators should be used and maintained in accordance with the manufacturer’s specifications • proper seal of respirators should be checked prior to each use • storage of respirators should be in a convenient, clean and sanitary location and stored in a manner that does not subject them to damage or distortion • respirators assigned for the exclusive use of one worker, should be cleaned, disinfected and inspected after each shift • respirators used by more than one worker, should be cleaned, disinfected and inspected after each use • any respirator parts that are damaged or that have deteriorated should be replaced before the respirator is used. For additional information on the use, care, and maintenance of respirators, please refer to CSA standard Z94.4-02.

Ideally respirators should be assigned for the exclusive use of one worker. But before a decision is made for a respirator to be shared by more than one worker, the following factors should be considered:

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• the fit of the equipment • the health and safety risk to the worker that would be caused by non-exclusive use of the equipment • any undue economic hardship to the employer that would be caused by exclusive use of the equipment.

Respirators with a tight-fitting facepiece must be fitted to the worker in such a way that there is an effective seal between the equipment and the worker’s face. Each worker must be fit-tested for each type of respirator to be worn.

4.4 Training

Training is an important component in preventing worker exposure to silica. Control methods, measures and procedures can only be as effective as the workers carrying them out. It is therefore essential for training to cover the following:

• WHMIS training • the hazards of silica, including health effects and symptom recognition; • the recognition of typical operations containing silica; • personal hygiene, respirator requirements, and work measures and procedures; • the use, care, maintenance, cleaning and disposal of personal respiratory protective equipment.

Instruction and training should be provided by a competent person. This could be the employer or someone hired by the employer. A competent person is defined under the OHSA as a person who:

• is qualified because of his/her knowledge, training and experience to organize the work and its performance; • is familiar with the provisions of this Act and the regulations that apply to the work; and • has knowledge of any potential health and safety hazards in the workplace.

The health and safety representative or the representative of a joint health and safety committee should be advised about when and where the training and instruction is to be carried out.

4.5 Medical Surveillance

Medical surveillance can be used as a preventive and remedial measure. By providing regular medical examinations and clinical tests on workers exposed to silica, subsequent adverse health effects can be detected. The examining physician can then alert the worker, the employer and the joint health and safety committee to exposure problems in the workplace that might otherwise go unrecognized. This should ensure that remedial steps will be taken.

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Workers working with silica on a regular basis should have pre-placement medical examinations that include chest X-rays and pulmonary function tests, followed by periodic medical examinations. The frequency of the periodic examination will depend on the intensity and length of exposure to silica and shall be decided by the examining physician. It need not be the same for all workers but shall be done at least once every two years. Additional information on the medical surveillance program for silica exposed workers can be found in Appendix 1.

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5.0 CLASSIFICATION OF WORK

A key feature of this guideline is the classification of work. It is the classification of the work that determines the appropriate respirators, measures and procedures that should be followed to protect the worker from silica exposure. In this guideline, silica-containing construction operations are classified into three groups, Type 1, Type 2, and Type 3 operations, and can be thought of as being of low, medium and high risk. From Type 1 to Type 3 operations, the corresponding respirator, and measures and procedures become increasingly stringent.

The classification of typical silica-containing construction tasks is based on available and published exposure data. Type 1, Type 2, and Type 3 operations, are based on the following airborne concentrations of respirable crystalline silica in the form of cristobalite, tridymite, quartz, and tripoli:

TYPE 1 OPERATIONS TYPE 2 OPERATIONS TYPE 3 OPERATIONS Cristobalite and > 0.05 to 0.50 mg/m3 > 0.50 to 2.50 mg/m3 > 2.5 mg/m3 Tridymite Quartz and > 0.10 to 1.0 mg/m3 > 1.0 to 5.0 mg/m3 > 5.0 mg/m3 Tripoli

The following section lists the typical construction operations that generate silica-containing dust:

TYPE 1 OPERATIONS

• The drilling of holes in concrete or rock that is not part of a tunnelling operation or road construction. • Milling of asphalt from concrete highway pavement. • Charging mixers and hoppers with silica sand (sand consisting of at least 95 per cent silica) or silica flour (finely ground sand consisting of at least 95 per cent silica). • Any other operation at a project that requires the handling of silica-containing material in a way that may result in a worker being exposed to airborne silica. • Entry into a dry mortar removal or abrasive blasting area while airborne dust is visible for less than 15 minutes for inspection and/or sampling. • Working within 25 metres of an area where compressed air is being used to remove silica-containing dust outdoors.

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TYPE 2 OPERATIONS

• Removal of silica containing refractory materials with a jackhammer. • The drilling of holes in concrete or rock that is part of a tunnelling or road construction. • The use of a power tool to cut, grind, or polish concrete, masonry, terrazzo or refractory materials. • The use of a power tool to remove silica containing materials. • Tunnelling (operation of the tunnel boring machine, tunnel drilling, tunnel mesh installation) • Tuckpoint and surface grinding. • Dry mortar removal with an electric or pneumatic cutting device. • Dry method dust cleanup from abrasive blasting operations. • The use of compress air outdoors for removing silica dust. • Entry into area where abrasive blasting is being carried out for more than 15 minutes.

TYPE 3 OPERATIONS

• Abrasive blasting with an abrasive that contains ≥ 1 per cent silica. • Abrasive blasting of a material that contains ≥ 1 per cent silica.

Employers, supervisors, and workers should be able to recognize and correctly classify the types of operations carried out in the workplace, in order to select appropriate respirators, and implement appropriate measures and procedures. Respirator requirements are listed in Table 1 (below) for Type 1, Type 2, and Type 3 operations.

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Table 1: Respirator Requirements

Operations Required Respirator Type 1 ( > 0.05 to 0.50 mg/m3 of silica in the form of cristobalite and tridymite) NIOSH APF = 10 ( > 0.10 to 1.0 mg/m3 of silica in the form of quartz and tripoli) • The drilling of holes in concrete or rock that is not part of a tunnelling Half-mask particulate respirator operation or road construction. with N-, R-, or P-series filter and • Milling of asphalt from concrete highway pavement. 95, 99 or 100 per cent efficiency. • Charging mixers and hoppers with silica sand (sand consisting of at least 95 per cent silica) or silica flour (finely ground sand consisting of at least 95 per cent silica). • Any other operation at a project that requires the handling of silica- containing material in a way that may result in a worker being exposed to airborne silica. • Entry into a dry mortar removal or abrasive blasting area while airborne dust is visible for less than 15 minutes for inspection and/or sampling. • Working within 25 metres of an area where compressed air is being used to remove silica-containing dust outdoors. Type 2 ( > 0.50 to 2.5 mg/m3 of silica in the form of cristobalite and tridymite) NIOSH APF = 50 ( > 1.0 to 5.0 mg/m3 of silica in the form of quartz and tripoli) • Removal of silica containing refractory materials with a jackhammer. Full-facepiece air-purifying • The drilling of holes in concrete or rock that is part of a tunnelling respirator with any 100-series operation or road construction. particulate filter.

• The use of a power tool to cut, grind, or polish concrete, masonry, Tight-fitting powered air-purifying terrazzo or refractory materials. respirator with any 100-series • The use of a power tool to remove silica-containing materials. particulate filter. • The use of a power tool indoors to chip or break and remove concrete, masonry, stone, terrazzo or refractory materials. Full-facepiece supplied-air • Tunnelling (operation of the tunnel boring machine, tunnel drilling, respirator operated in demand tunnel mesh installation). mode. • Tuckpointing and surface grinding. • Dry method dust clean-up from abrasive blasting operations. Half-mask or full-facepiece • Dry mortar removal with an electric or pneumatic cutting device. supplied air respirator operated in continuous-flow mode. • The use of compressed air outdoors for removing silica dust. • Entry into area where abrasive blasting is being carried out for more than 15 minutes. Type 3 ( > 2.5 mg/m3 of silica in the form of cristobalite and tridymite) NIOSH APF ≥ 1000 ( > 5.0 mg/m3 of silica in the form of quartz and tripoli) • Abrasive blasting with an abrasive that contains ≥ 1 per cent silica Type CE abrasive-blast supplied air • Abrasive blasting of a material that contains ≥ 1 per cent silica respirator operated in a positive- pressure mode with a tight-fitting half-mask facepiece.

Type CE abrasive-blast supplied air respirator operated in a pressure- demand or positive pressure mode with a tight-fitting full-facepiece.

* NIOSH APF = National Institute of Occupational Safety and Health Assigned Protection Factor Note: It is recommended that compressed air that is used to supply supplied air respirators meet the breathing air purity requirements of CSA Standard Z180.1-00. Where an oil-lubricated compressor is used to supply breathing air, a continuous carbon monoxide monitor/alarm should be provided.

Guideline – Silica on Construction Projects 15

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6.0 MEASURES AND PROCEDURES FOR WORKING WITH SILICA

Protective measures and procedures should be implemented when working with silica. Specific measures and procedures will depend on how the work is classified. This section of the guideline outlines the general measures and procedures for all work with lead, followed by specific recommendations for Type 1, Type 2 and Type 3 operations.

6.1 General Measures and Procedures for Type 1, Type 2, and Type 3 Operations

The following is a list of general measures and procedures that should be followed for all work with silica:

• Clean-up after each operation is encouraged to prevent dust containing silica from spreading; • Compressed air or dry sweeping should be avoided when cleaning a work area; • Compressed air should not be used for removing dust from clothing; • Workers exposed to silica should be provided with or have access to washing facilities equipped with clean water, soap, and individual towels. • Silica dust on personal protective clothing and equipment should be removed by damp wiping or HEPA vacuuming; • Contaminated personal protective clothing and equipment should be handled with care to prevent disturbing the silica dust and the generation of airborne silica dust • Washing facilities and laundering procedures must be suitable for handling silica contaminated laundry.

Preparation of the Work Area

Warning signs should be posted in sufficient number to warn of the hazard. If it is an indoor operation, signs should be posted at each entrance to the work area. The signs should display the following information in large, clearly visible letters:

1. There is a silica dust hazard. 2. Access to the work area is restricted to authorized persons. 3. Respirators must be worn in the work area.

Dust Control Measures

The generation of airborne silica-containing dust should be controlled with a mechanical ventilation system, wetting, or the use of a dust collection system. If silica-containing airborne dust is generated, mechanical ventilation with an air flow sufficient to remove airborne contaminants from workers’ breathing zone should be provided. The air flow of the mechanical ventilation system should be at least 50 cubic feet per minute per square foot of face area (0.25 m3/s per square meter of face area). However, if it is determined that none of these methods are practical, workers may be provided with respirators (see Table 1: Respirator

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Requirements) to protect them from exposure. The following should be considered before assigning respirators:

• Risk to workers using wetting or a dust collection system. • Likelihood of damage to equipment if wetting or a dust collection system is used. • Frequency and duration of the operation.

If compressed air is being used to remove silica-containing dust outdoors, the operator and workers within 25 metres of the work area who may be exposed to the dust must either be removed from the path of the dust cloud or provided with respirators (see Table 1: Respirator Requirements).

Where effective dust control measures are in place and where an employer can demonstrate on a continual basis that the silica exposure levels are below the OEL, respirators may not be required.

6.2 Measures and Procedures for Type 1 Operations

A half-mask particulate respirator with N-, R-, or P-series filter and 95, 99 or 100 per cent efficiency should be provided for workers performing Type 1 operations. Respirators should also be provided when:

• entering a dry mortar removal area with visible airborne dust for less than 15 minutes for the purposes of inspection and/or sampling purposes. • work is being performed within 25 metres of an outdoor area where silica-containing dust is being removed with compressed air.

6.3 Measures and Procedures for Type 2 Operations

Respirators with a NIOSH APF of 50 (see Table 1: Respirator Requirements) should be provided for workers performing Type 2 operations. In addition, the generation of silica- containing airborne dust should be controlled by thoroughly wetting the area prior to and/or during drilling or cutting operations and during the loading, scraping or moving of rock.

Other workers entering a work area where Type 2 operations are being performed should remain at least 10 metres away. Ropes or barriers should be set up to prevent unauthorized personnel from entering the work area. If this is not possible and there are workers within the 10-metre limit, the Type 2 operation should be enclosed to prevent the escape of airborne silica- containing dust (see Section 6.4.1: Barriers, Partial Enclosures and Full Enclosures).

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6.4 Measures and Procedures for Type 3 Operations

The operator of the abrasive blasting nozzle should wear a Type CE abrasive blast supplied air respirator operated in a pressure demand or positive pressure mode with a tight-fitting half- mask or full facepiece.

It is recommended that compressed air that is used to supply supplied air respirators meet the breathing air purity requirements of CSA Standard Z180.1-00. Where an oil-lubricated compressor is used to supply breathing air, a continuous carbon monoxide monitor/alarm should be provided

While abrasive blasting is in progress or the airborne dust from abrasive blasting is visible,

• any worker entering the work area where abrasive blasting is being carried out for less than 15 minutes for inspection and/or sampling purposes should wear a half-mask particulate respirator with N-, R-, or P-series filter and 95, 99 or 100 per cent efficiency. • any worker entering a work area where abrasive blasting is being carried out for more than 15 minutes should wear a respirator with a NIOSH APF of 50 (see Table 1: Respirator Requirements). • workers engaged in cleaning dust from abrasive blasting operations, should wear a respirator with a NIOSH APF of 50 (see Table 1: Respirator Requirements).

Where abrasive blasting is conducted, barriers, partial enclosures and full enclosures should be in place to prevent other workers from being exposed to silica-containing dust and to prevent the spread of dust to other work areas.

6.4.1 Barriers, Partial Enclosures and Full Enclosures

Barriers, partial enclosures, and full enclosures are used to separate the work area from the rest of the project, and in some cases, to prevent silica exposure to other workers not directly involved in the operation. Partial and full enclosures can also prevent or reduce the dispersion of silica into the surrounding work area and environment. Barriers should only be used where full and partial enclosures are not practicable.

Barriers

Ropes or barriers do not prevent the release of contaminated dust or other contaminants into the environment. However, they can be used to restrict access of workers who are not adequately protected with proper PPE, and also prevent the entry of workers not directly involved in the operation. Ropes or barriers should be placed at a distance far enough from the operation that allows the silica-containing dust to settle. If this is not achievable, warning signs should be posted at the distance where the silica-containing dust settles to warn that access is restricted to persons wearing PPE. For example, the removal of mortar and cutting operations, ropes or barriers should be located at least 10 metres away. All workers within the barrier or warning sign zone must be adequately protected.

Guideline – Silica on Construction Projects 18

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Partial Enclosures

Partial enclosures allow some level of emission to the atmosphere outside of the enclosure. Partial enclosures may consist of vertical tarps and floor tarps so long as the tarps are overlapped and securely fixed together at the seams. A partial enclosure is not a recommended containment system if significant dust is being generated.

Full Enclosures

Full enclosures are tight enclosures (with tarps that are generally impermeable and fully sealed joints and entryways). Full enclosures allow minimal or no fugitive emissions to reach the outside environment.

For full enclosures, the following requirements should be met:

If, as outlined above, a Type 3 operation should be enclosed, the enclosure should meet the following requirements:

• entry ways in the enclosure should be equipped with air locks, overlapping door tarps or doors • the enclosure should be supported by a secure structure • all joints in the enclosure should be fully sealed • the escape of abrasive and debris from the enclosure should be controlled, at air supply points, by the use of baffles, louvers, flap seals and filters • general mechanical ventilation should be provided to remove contaminated air from the enclosure and replacement air should be provided to replace the exhausted air • the air pressure within the enclosure should be negative relative to the outside • equipment venting such air shall be equipped with filters adequate to control vented air to provincial environmental standards • the air velocity within the enclosure should provide an average minimum cross-draft or down-draft past each worker during abrasive blasting operations as follows: cross-draft velocity of 0.5 m/sec (100 ft/min) down-draft velocity of 0.25 m/sec (50 ft/min)

If the enclosure is located outdoors these additional requirements should be met: • the enclosure should be made of windproof materials that are impermeable to dust • the enclosure should be supported by a structure that prevents more than minor movement of the enclosure.

Guideline – Silica on Construction Projects 19

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Indoor Operations

If abrasive blasting is being conducted indoors and persons other than those doing the abrasive blasting may be exposed to silica-containing dust, the abrasive blasting area should be separated from the rest of the project by an enclosure that will confine the dust within the abrasive blasting area. When an indoor abrasive blasting operation is completed, dust and waste should be cleaned up and removed by vacuuming with a HEPA-filter-equipped vacuum, wet sweeping or wet shovelling.

Outdoor Operations

If abrasive blasting is being conducted outdoors and persons other than those doing the abrasive blasting may be exposed to silica-containing dust, the work area should be identified by ropes or barriers located at least 25 metres from the abrasive blasting area, to prevent entry by workers not directly involved in the operation.

If it is not possible to locate the ropes or barriers at least 25 metres from the abrasive blasting operation, the employer should ensure that the abrasive blasting area is separated from the rest of the project by an enclosure that will confine the dust within the abrasive blasting area.

Guideline – Silica on Construction Projects 20

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APPENDIX 1 – MEDICAL SURVEILLANCE OF SILICA-EXPOSED WORKERS

Where construction workers are exposed to airborne silica, measures and procedures to control their exposure should be implemented. This Guideline has outlined (in Section 4) the types of controls that should be in place for various work activities. However, even with the appropriate measures to control the silica hazard, some workers may be affected. Workers should therefore be periodically examined to determine if they are experiencing any adverse effects.

The essential features of a silica medical surveillance program are presented below.

Medical Surveillance Program

Purpose

The objective of a medical surveillance program is to protect the health of workers by:

• ensuring their fitness for exposure to silica • evaluating their absorption of silica • enabling remedial action to be taken when necessary • providing health education.

Program

The medical surveillance program should include the following:

• pre-employment and pre-placement medical examinations • periodic medical examinations • clinical tests • health education • record keeping.

Medical Examinations

The medical examination should include the following:

History

The initial medical and occupational history should include enquiries about the worker’s previous exposure to silica, personal habits (smoking) and history of present or past respiratory disorders (particularly tuberculosis). At the periodic examination, the history shall be updated to include:

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(a) information on the frequency and duration of exposure to silica since the previous examination; and (b) the occurrence of signs and symptoms of respiratory disease, e.g., dyspnea, cough, sputum, haemoptysis, wheezing and chest pain.

Physical Examination

Medical surveillance should include a general physical examination, with attention particularly directed to the respiratory system. The frequency of periodic examinations will depend on the intensity and length of exposure to silica and should be decided by the examining physician. It need not be the same for all workers but should not be less than once every two years.

Clinical Tests

X-rays and pulmonary function tests should be taken to assess a worker’s fitness for continued exposure to silica. Refer to the Code for Medical Surveillance of Silica Exposed Workers in R.R.O. 1990, Reg. 845 for specific requirements.

To avoid unnecessary x-rays at a pre-placement medical examination, the examining physician should, where practicable, obtain the medical status from another facility if the worker has been previously examined in the past year. Radiographs should be closely examined for early signs of silicosis or other chest disease.

When exposure is discontinued, the frequency of X-rays and the period of surveillance will depend on the intensity and duration of exposure and the findings in previous X-rays. The examining physician shall determine the duration and frequency of follow-up

Pulmonary Function Tests

Pulmonary function tests should be taken in conjunction with the chest X-rays. Calibration of the instruments should meet current standards. Tests should include

FEV1, FVC, FEV1/FVC per cent and a mid-flow rate such as FEF 25-75 per cent. All relevant data should be corrected to body temperature and pressure (BTPS).

Action Levels

An assessment of a worker’s fitness for work should be based on both the clinical examination and clinical test results. For this reason, no specific action levels are stated for the latter. If silicosis is confirmed, the physician should then determine whether the worker is fit, fit with limitations or unfit for further exposure. A worker should not be removed from silica exposure before consultation with the Workplace Safety Insurance Board (WSIB). To qualify for compensation or rehabilitation further assessment by the WSIB will be necessary.

Guideline – Silica on Construction Projects 22

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(Kinplex) Report CSA10

APPENDIX 2: RESPIRATOR REQUIREMENTS & OTHER MEASURES AND PROCEDURES FOR TYPE 1, 2, AND 3 SILICA-CONTAINING OPERATIONS

OPERATIONS REQUIRED OTHER MEASURES & PROCEDURES RESPIRATOR - 23 Hazardous Materials Survey Report TYPE 1

• The drilling of holes in concrete or rock that is not part of a Half-mask particulate • Clean-up after each operation should be done to prevent dust tunnelling operation or road construction. respirator with N-, R-, or P- containing silica from spreading series filter and 95, 99 or • Milling of asphalt from concrete highway pavement. 100% efficiency. • Compressed air or dry sweeping should be avoided when • Charging mixers and hoppers with silica sand (sand consisting of cleaning a work area at least 95 per cent silica) or silica flour (finely ground sand • Compressed air should not be used for removing dust from consisting of at least 95 per cent silica). clothing • Any other operation at a project that requires the handling of silica- • Workers exposed to silica should be provided with or have containing material in a way that may result in a worker being access to washing facilities equipped with clean water, soap, exposed to airborne silica. and individual towels • Entry into a dry mortar removal or abrasive blasting area while • Silica dust on personal protective clothing and equipment should airborne dust is visible for less than 15 minutes for inspection be removed by damp wiping or HEPA vacuuming and/or sampling. • Contaminated personal protective clothing and equipment • Working within 25 metres of an area where compressed air is should be handled with care to prevent disturbing the silica dust being used to remove silica-containing dust outdoors. and the generation of airborne silica dust • Washing facilities and laundering procedures must be suitable for handling lead contaminated laundry • Warning signs should be posted in sufficient numbers to warn of the silica hazard. There should be a sign, at least, at each entrance to the work area. The signs should display the following information in large, clearly visible letters:

− There is a silica dust hazard. − Access to the work area is restricted to authorized persons. − Respirators must be worn in the work area.

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Guideline – Silica on Construction Projects 23

(Kinplex) Report CSA10

OPERATIONS REQUIRED OTHER MEASURES & PROCEDURES RESPIRATOR TYPE 2

• Removal of silica containing refractory materials with a Full-facepiece air-purifying (In addition to Type 1 measures and procedures.)

- jackhammer. respirator with N-, R-, or P-series • Other workers entering a work area where Type 2 operations are being 23 Hazardous Materials Survey Report • The drilling of holes in concrete or rock that is part of a filter and 100% efficiency. performed should remain at least 10 metres away. Ropes or barriers tunnelling operation or road construction. should be set up to prevent unauthorized personnel from entering the work Tight-fitting powered air-purifying area. If this is not possible and there are workers within the 10-metre limit, • The use of a power tool to cut, grind, or polish the Type 2 operation should be enclosed to prevent the escape of airborne concrete, masonry, terrazzo or refractory materials. respirator with a high-efficiency filter. silica-containing dust ( partial or full enclosures). • The use of a power tool to remove silica-containing materials. Full-facepiece supplied-air • The use of a power tool indoors to chip or break and respirator operated in demand remove concrete, masonry, stone, terrazzo or mode. refractory materials. • Tunnelling (operation of the tunnel boring machine, Half-mask or full-facepiece tunnel drilling, tunnel mesh installation). supplied air respirator operated in continuous-flow mode. • Tuckpointing and surface grinding. • Dry mortar removal with an electric or pneumatic cutting device. • Dry method dust clean-up from abrasive blasting operations. • The use of compressed air outdoors for removing silica dust. • Entry into area where abrasive blasting is being carried out for more than 15 minutes. TYPE 3 • Abrasive blasting with an abrasive that contains ≥ 1 per Type CE abrasive-blast supplied (In addition to Type 1 and Type 2 measures and procedures.) cent silica air respirator operated in a • While abrasive blasting is in progress or the airborne dust from abrasive • Abrasive blasting of a material that contains ≥ 1 per cent positive-pressure mode with a blasting is visible, silica tight-fitting half-mask facepiece. − any worker entering the work area where abrasive blasting is being Type CE abrasive-blast supplied carried out for less than 15 minutes for inspection and/or sampling air respirator operated in a purposes should wear a half-mask particulate respirator with N-, R-, or pressure-demand or positive P-series filter and 95, 99 or 100% efficiency.

Page 274 of312 pressure mode with a tight-fitting − any worker entering a work area where abrasive blasting is being full-facepiece. carried out for more than 15 minutes should wear a respirator with a NIOSH APF of 50 − workers engaged in cleaning dust from abrasive blasting operations, should wear a respirator with a NIOSH APF of 50

• Where abrasive blasting is conducted, barriers, partial enclosures and full enclosures should be in place to prevent other workers from being exposed to silica-containing dust and to prevent the spread of dust to other work areas.

Guideline – Silica on Construction Projects 24

Office of the CSA Laura Camilleri

REPORT #CSA10-3 (Addendum 2) Meeting Date: CoW April 1, 2010

SUBJECT: TSSA Inspection Report and Orders for Markdale Arena

RECOMMENDATION

RESOLVE THAT Committee receive report CSA10-03 Addendum 2 regarding the TSSA Report and orders received for Markdale Arena for discussion purposes;

AND FURTHER THAT Committee recommend to Council to direct staff to seek quotes for: ______option #1 Water Tank Relocation ______option #2 Chiller Relocation

GENERAL OVERVIEW

The CSA held a site visit on February 9, 2010 with 2 companies who responded to the RFQ for the relocation of the chiller at the Markdale Arena. The purpose of the RFQ was to get competitive pricing on the relocation of the chiller in order to access the condenser and brine tanks that are currently located behind the chiller and are difficult to access & service. At this time both company representatives did not agree with the relocation of the chiller and felt that they had alternatives that would be less expensive and still achieve compliance with the TSSA.

On March 23, 2010 the Cimco Refrigeration representative brought forward an alternative for review. This proposal suggests that the brine tank be lifted on the wall and that the condenser tank, which is currently oversize for the volume of the condenser, be down sized and relocated to in front of one of the rear exit doors in the physical plant. This door is not the main exit door but remains closed unless equipment is being moved in and out.

OPTIONS / DISCUSSION

1. Water Tank Relocation

This is the most cost effective solution, estimated at $5,425.00). We will lose access to one side of the double exit doors in the physical plant, however, as is noted in the Cimco e-mail, if we should need to move equipment through the doors it is fairly simple to drain and disconnect the tank (which holds only water).

Report CSA10-03 Addendum 2 TSSA Inspection Report Page 275 of 312 and Orders for Markdale Arena The CSA has consulted with the building department and the Fire chief in regards to egress through this door and both agree that it is not meant to be a primary exit door, rather an equipment door, and the loss of one half of the double door is fine. The estimated size of the tank to be placed there (36 x 49 round) would not block exit from the remaining door.

This option does meet the requirements of the TSSA order so that both tanks would be accessible for servicing, however, it does not consider the brine pump that is on the floor behind the chiller, which is also difficult to access. Access to the brine pump was not outlined in the TSSA order.

2. Chiller Relocation

This work, as outlined in previous reports, is more expensive (quoted at $12,300.00) and involves relocating the chiller outdoors underneath the condenser unit. It also includes aluminum cladding and banding, relocating all necessary piping and recharging the system.

Although this is the more expensive approach to complying with the TSSA order it would open up the space along the entire wall and allow access to the brine pump and condenser & brine tanks.

TSSA Comments

Although the TSSA Inspector cannot and will not approve of either of these options he does note that both options would place the municipality in compliance with the TSSA.

FINANCIAL IMPACT

Option #1 Water tank relocation - $5,425.00 Option #2 Chiller relocation - $12,300.00

Full Quote descriptions are attached.

Respectfully Submitted,

Laura Camilleri

Laura Camilleri, Corporate Services Administrator

Report CSA10-03 Addendum 2 TSSA Inspection Report Page 276 of 312 and Orders for Markdale Arena Report CSA10-03 Addendum 2 TSSA Inspection Report Page 277 of 312 and Orders for Markdale Arena Report CSA10-03 Addendum 2 TSSA Inspection Report Page 278 of 312 and Orders for Markdale Arena Report CSA10-03 Addendum 2 TSSA Inspection Report Page 279 of 312 and Orders for Markdale Arena Report CSA10-03 Addendum 2 TSSA Inspection Report Page 280 of 312 and Orders for Markdale Arena 2010 Urban Symposium

April 15 & 16, 2010 Lincoln Alexander Theatre, Hamilton, Ontario

The Urban Symposium is Ontario’s premier event that brings leading experts to present and showcase innovative ideas and solutions to the challenges that face urban municipalities. Presented through high-level plenary sessions by world-renowned experts, policy makers and visionaries.

Senator Art Eggleton will speak about the major Senate Report In From the Margins: A Call to Action on Poverty, Housing and Homelessness which declares Canada’s system of lifting people out of poverty to The Framework be substantially broken and in need of an for Examining overhaul. Senator Eggleton will explain how maintaining the status quo and not taking Poverty, Housing & action on the recommendations of the Report Homelessness will cost us all.

Senator Eggleton, is the Chair of the Standing Committee on Social Affairs, Science and Technology and its Subcommittee on Cities which drafted the Senate Report.

Don’t delay - register today!

For further details on the Urban Program or to register online please visit www.amo.on.ca

AMO 1. Urban Symposium April 15 & 16, 2010 2. AMO Page 281 of 312 and Municipalities and Announces 2008 Reconciliation AMO Breaking News March 19, 2010 Municipal Finance

Government Responds to AMO and Municipalities and Announces 2008 Reconciliation

The Minister of Finance, Dwight Duncan, today released the final reconciliation of the 2008 Ontario Municipal Partnership Fund (OMPF). This means that 128 municipalities from across the province will receive payments totaling $18.4 million.

The OMPF is a critical provincial funding program that assists municipalities with social program costs, equalization, policing costs, and assists northern and rural communities to provide services to citizens. Since the inception of OMPF, the government has provided reconciliation funding, which responds to year’s actual municipal costs for social services and policing.

The reconciliation of 2008 is a welcomed and important step. In a letter this week to AMO’s President, Peter Hume, the Minister acknowledges that AMO remains concerned about reconciliation for 2009. It noted, “However, we will not be making further decisions related to 2009 until later this year.” The good news is that the door remains open for 2009 actual to projections. AMO will continue to speak to the need for 2009 reconciliation and the impacts on municipal budgets to cover provincial program expenditures, which are predominantly now Ontario Works given the previous uploading of social program costs. Municipalities are urged to complete and submit their 2009 Financial Information Returns.

All municipalities will receive a notice of reconciliation for 2008 whether or not they are a recipient. A list of 2008 OMPF final reconciliation allocation notices is available here.

AMO Contact: Matthew Wilson, Senior Policy Advisor, email: [email protected], (416) 971-9856 ext. 323

AMO 1. Urban Symposium April 15 & 16, 2010 2. AMO Page 282 of 312 and Municipalities and Announces 2008 Reconciliation Action Items: 1. Markdale Chamber of Commerce - Page 283 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 284 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 285 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 286 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 287 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 288 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 289 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 290 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 291 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 292 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 293 of 312 History Book Request 2. Priceville Annual Village Clean

March 16, 2010

To: All Ontario municipal councils

From: Warren (Smokey) Thomas, President Ontario Public Service Employees Union

Ivan Herrington, Chair, OPSEU Bargaining Team Municipal Property Assessment Corporation

Re: Service quality issues at the Municipal Property Assessment Corporation

Dear friends:

We are writing to alert you to a number of issues at the Municipal Property Assessment Corporation (MPAC) that we believe will have a negative impact on the quality of assessments.

We are mindful of the fact that in a municipal election year MPAC also provides enumeration data to municipalities.

1) Another reorganization. MPAC has announced plans to restructure its operations following more than 10 years of continuous change at the agency. Few details have been announced, except that the reorganization will happen this year. Many critical questions remain unanswered. How will restructuring improve services to stakeholders? Will it enable MPAC to deliver more timely supplementary and omitted assessments, an issue of on-going concern for municipalities?

It appears to us that the reorganization is a plan without a plan, despite the fact that MPAC contracted consultants KPMG to complete an organizational review.

Our experience of past restructuring at the agency does not make us confident about the success of this latest attempt. MPAC’s approach to problem-solving is one of shifting focus from one problem to another, rarely providing long-lasting solutions. For example, the agency responded to municipalities’ concerns around severances by hand-picking a team of staff to focus on parcelization. This was supposed to be a progressive solution to a chronic problem. But then MPAC decided to eliminate an entire job classification (Property Inspection Analyst), providing no rationale for the elimination. The agency will now have to replace the hand-picked staff working on parcelization with the employees who will lose their PIA jobs. …2

Action Items: 1. Markdale Chamber of Commerce - Page 294 of 312 History Book Request 2. Priceville Annual Village Clean

2) Potential staff reductions through conversion from full-time to part-time work. In the current round of bargaining, MPAC wants contract language allowing it to create seasonal and part-time positions. Initially in bargaining, MPAC proposed taking 40 existing Property Inspector (PI) positions in northern and rural offices and making over half of them seasonal. The PIs would work from April 1 to October 31 each year. Why? MPAC said it snows in the winter in Northern Ontario, implying there are access issues. The union pointed out that it has always snowed in the winter and it hasn’t affected our staff’s ability to do their jobs. The objective is clearly to cut costs, with the obvious casualty being service to northern and rural municipalities. In addition, MPAC is seeking contract language that would allow the agency to turn future vacancies into part-time positions. MPAC says no current jobs will be converted into part-time, but we are concerned that every future vacancy is at risk of being turned into part- time. We know that municipalities are already dissatisfied with the backlogs. We can’t see how the situation will improve with employees working less hours. Ontario Ombudsman André Marin in his 2006 report documenting problems at MPAC noted: “In spite of its size, we have received complaints that it is grossly understaffed and records give us reason to believe this is so.” MPAC is contemplating reductions to front-line staff even though the agency has added significantly to its management ranks. The number of MPAC managers on the province’s so-called “Sunshine” list close to doubled between 2005 and 2008 as did the total amount of money spent on their salaries. In three years, individual managers saw their salaries rise by 17 per cent.

3) Questionable spending practices. OPSEU submitted a Freedom of Information request to obtain a list of all vendors retained by MPAC and monies paid to them for the years 2006 through to October 27, 2009. As a result, the union has learned of the following expenditures:

$55.7 million on IT consultants and software. This amounts to an allocation of almost 10 per cent of the agency’s budget in each of the four years. The $55.7 million was likely spent on building the new computerized system for assessing property values. The Integrated Property System, (IPS), is notorious internally for cost overruns and missed deadlines. IPS was to be in place by the end of 2006 but didn’t come on-line until 2009. For two months last year it was read-only. Staff could not input data. The final cost for the development and implementation of IPS is, at a minimum, two to three times the amount originally budgeted. The Auditor General’s value-for-money audit of MPAC, currently underway, will likely reveal the full extent of the cost overruns. We do know from articles in the Globe and Mail that an internal audit report of May, 2009, found MPAC extended contracts for IPS’ development to anywhere from five-to-14 times the initial value.

…3

Action Items: 1. Markdale Chamber of Commerce - Page 295 of 312 History Book Request 2. Priceville Annual Village Clean

$10.3 million on other consultants.

$1.8 million on hotels and $459,000 on travel. This money was primarily spent on trips abroad by managers, presumably to sell the agency’s intellectual products, and on corporate getaways.

We understand managers have travelled to China, South Africa and Ireland, all in pursuit of new markets for MPAC products. Ontario Ombudsman André Marin said in his 2006 report on MPAC, “There is a clash between MPAC’s primary public assessment function and this side-line business.” Marin pointed out that MPAC’s market activities are earned “…using infrastructure paid for by Ontario taxpayers and a monopoly on otherwise public information that is shared under a sub-license with Teranet Inc. This corporation is not an entrepreneurial enterprise. It is a public servant.”

When it comes to staff getaways, we appreciate they may be good for morale, but we don’t want them paid for by the loss of full-time positions which can only result in less service to taxpayers and municipalities. Please contact MPAC President and Chief Administrative Officer Carl Isenburg if you share our concerns regarding the upcoming reorganization, potential staff reductions and questionable spending practices.

Sincerely,

Warren (Smokey) Thomas Ivan Herrington President Chair

WT/mp

cc: Dwight Duncan, Minister of Finance

Action Items: 1. Markdale Chamber of Commerce - Page 296 of 312 History Book Request 2. Priceville Annual Village Clean NOTTAWASAGA VALLEY CONSERVATION AUTHORITY HIGHLIGHTS FROM MEETINGS OF MARCH 12TH, 2010

NVCA BOARD OF DIRECTORS MEETING –No. 03/10, March 12, 2010

INNISFIL APPOINTS A SECOND MEMBER TO NVCA BOARD OF DIRECTORS The Town of Innisfil now has two seats at the NVCA board of directors table due to a re-assessment of the watershed boundaries. Coun. Dan Davidson joins Coun. Bill Van Berkel as an Innisfil representative on the now 27-member board. Under the Conservation Authorities Act, if a municipality has between 10,000 and 50,000 residents in the conservation authority’s watershed, it may appoint two members to the Board of Directors. Approximately 11,600 Innisfil residents currently live within the NVCA watershed

NVCA PROGRAM REVIEW WORKSHOP SCHEDULED FOR APRIL 9TH, 2010 As part of the regularly-scheduled April 9th meeting, board members will take part in a workshop to review NVCA programs for mandate relevance and effectiveness of delivery. The workshop will help to set parameters for a third party review of either NVCA planning services or all NVCA programs.

NOTTAWASAGA VALLEY SOURCE PROTECTION AUTHORITY (NVSPA) MEETING – No. 01/10, March 12, 2010

ASSESSMENT REPORT EXPECTED TO BE DELAYED Chair Lynn Dollin advised the NVSPA that the South Georgian Bay Lake Simcoe Source Protection Committee will consider asking the Ministry of the Environment for an extension on its assessment report in March or April. The current deadline is July 13th, 2010, but the report has yet to be completed and public consultation must still occur. Chair Dollin said most source protection regions across the province are experiencing delays with their assessment reports as there are a limited number of consultants available to carry out the technical studies required.

DRAFT REGULATION FOR THE DEVELOPMENT AND IMPLEMENTATION OF SOURCE PROTECTION PLANS POSTED ON ONTARIO’S ENVIRONMENTAL REGISTRY FOR COMMENT UNTIL MARCH 26, 2010 The purpose of the draft regulation is to stimulate discussion on the development, content and implementation of source protection plans so that the Ministry of the Environment can use the results of the discussion to finalize the source protection plan regulation. NVCA staff supports the proposed draft legislation subject to confirmation of funding responsibilities describing who pays for what. NVCA staff comments will be forwarded to the South Georgian Bay Lake Simcoe Source Protection Committee, Conservation Ontario and the Ministry of the Environment. NVCA staff are also encouraging member municipalities to review the proposed draft regulation (environmental registry #010-8766) and provide their comments to the Ministry of the Environment.

NVCA CONTINUING TO DELIVER ONTARIO DRINKING WATER STEWARDSHIP PROGRAM TO WATERSHED RESIDENTS IN 2010 The NVCA has approximately $381,000 in project grant dollars available to distribute in 2010. The grant dollars can be put towards eligible groundwater quality protection projects including septic system pump-outs/upgrades, runoff/erosion control, business pollution prevention reviews and well decommissioning/upgrades.

Future Meetings and Events For more information contact: Executive Committee meeting – March 26 Wayne Wilson, CAO/Secretary-Treasurer Board meeting – April 9 (705) 424-1479, ext. 225 Spring Tonic Maple Syrup Festival – April 10/11 [email protected] NVCA’s 50th anniversary celebration – May 1

Action Items: 1. Markdale Chamber of Commerce - Page 297 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 298 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 299 of 312 History Book Request 2. Priceville Annual Village Clean

March 16, 2010

To: All Municipal Administrators and Clerks

From: Warren (Smokey) Thomas, President, Ontario Public Service Employees Union

Ivan Herrington, Chair, OPSEU Bargaining Team Municipal Property Assessment Corporation

Re: Service quality issues at the Municipal Property Assessment Corporation

The enclosed is for your information and for the information and action of your Councils.

Sincerely,

Warren (Smokey) Thomas Ivan Herrington President

WT/mp

Encl.

Action Items: 1. Markdale Chamber of Commerce - Page 300 of 312 History Book Request 2. Priceville Annual Village Clean

March 16, 2010

To: All Ontario municipal councils

From: Warren (Smokey) Thomas, President Ontario Public Service Employees Union

Ivan Herrington, Chair, OPSEU Bargaining Team Municipal Property Assessment Corporation

Re: Service quality issues at the Municipal Property Assessment Corporation ** REVISED**

Dear friends:

We are writing to alert you to a number of issues at the Municipal Property Assessment Corporation (MPAC) that we believe will have a negative impact on the quality of assessments.

We are mindful of the fact that in a municipal election year MPAC also provides enumeration data to municipalities.

1) Another reorganization. MPAC has announced plans to restructure its operations following more than 10 years of continuous change at the agency. Few details have been announced, except that the reorganization will happen this year. Many critical questions remain unanswered. How will restructuring improve services to stakeholders? Will it enable MPAC to deliver more timely supplementary and omitted assessments, an issue of on-going concern for municipalities?

It appears to us that the reorganization is a plan without a plan, despite the fact that MPAC contracted consultants KPMG to complete an organizational review.

Our experience of past restructuring at the agency does not make us confident about the success of this latest attempt. MPAC’s approach to problem-solving is one of shifting focus from one problem to another, rarely providing long-lasting solutions. For example, the agency responded to municipalities’ concerns around severances by hand-picking a team of staff to focus on parcelization. This was supposed to be a progressive solution to a chronic problem. But then MPAC decided to eliminate an entire job classification (Property Inspection Analyst), providing no rationale for the elimination. The agency will now have to replace the hand-picked staff working on parcelization with the employees who will lose their PIA jobs. …2

Action Items: 1. Markdale Chamber of Commerce - Page 301 of 312 History Book Request 2. Priceville Annual Village Clean

2) Potential staff reductions through conversion from full-time to part-time work. In the current round of bargaining, MPAC wants contract language allowing it to create seasonal and part-time positions. Initially in bargaining, MPAC proposed taking 40 existing Property Inspector (PI) positions in northern and rural offices and making over half of them seasonal. The PIs would work from April 1 to October 31 each year. Why? MPAC said it snows in the winter in Northern Ontario, implying there are access issues. The union pointed out that it has always snowed in the winter and it hasn’t affected our staff’s ability to do their jobs. The objective is clearly to cut costs, with the obvious casualty being service to northern and rural municipalities. In addition, MPAC is seeking contract language that would allow the agency to turn future vacancies into part-time positions. MPAC says no current jobs will be converted into part-time, but we are concerned that every future vacancy is at risk of being turned into part- time. We know that municipalities are already dissatisfied with the backlogs. We can’t see how the situation will improve with employees working less hours. Ontario Ombudsman André Marin in his 2006 report documenting problems at MPAC noted: “In spite of its size, we have received complaints that it is grossly understaffed and records give us reason to believe this is so.” MPAC is contemplating reductions to front-line staff even though the agency has added significantly to its management ranks. The number of MPAC managers on the province’s so-called “Sunshine” list close to doubled between 2005 and 2008 as did the total amount of money spent on their salaries. In three years, individual managers saw their salaries rise by 17 per cent.

3) Questionable spending practices. OPSEU submitted a Freedom of Information request to obtain a list of all vendors retained by MPAC and monies paid to them for the years 2006 through to October 27, 2009. From this information, the union has estimated the expenditures spent by MPAC in a number of areas:

$55.7 million on IT consultants and software. This amounts to an allocation of almost 10 per cent of the agency’s budget in each of the four years. The $55.7 million was likely spent on building the new computerized system for assessing property values. The Integrated Property System, (IPS), is notorious internally for cost overruns and missed deadlines. IPS was to be in place by the end of 2006 but didn’t come on-line until 2009. For two months last year it was read-only. Staff could not input data. The final cost for the development and implementation of IPS is, at a minimum, two to three times the amount originally budgeted. The Auditor General’s value-for-money audit of MPAC, currently underway, will likely reveal the full extent of the cost overruns. We do know from articles in the Globe and Mail that an internal audit report of May, 2009, found MPAC extended contracts for IPS’ development to anywhere from five-to-14 times the initial value. …3

Action Items: 1. Markdale Chamber of Commerce - Page 302 of 312 History Book Request 2. Priceville Annual Village Clean

$10.3 million on other consultants.

$1.8 million on hotels and $459,000 on travel. This money was primarily spent on trips abroad by managers, presumably to sell the agency’s intellectual products, and on corporate getaways.

We understand managers have travelled to China, South Africa and Ireland, all in pursuit of new markets for MPAC products. Ontario Ombudsman André Marin said in his 2006 report on MPAC, “There is a clash between MPAC’s primary public assessment function and this side-line business.” Marin pointed out that MPAC’s market activities are earned “…using infrastructure paid for by Ontario taxpayers and a monopoly on otherwise public information that is shared under a sub-license with Teranet Inc. This corporation is not an entrepreneurial enterprise. It is a public servant.”

When it comes to staff getaways, we appreciate they may be good for morale, but we don’t want them paid for by the loss of full-time positions which can only result in less service to taxpayers and municipalities.

Please contact MPAC President and Chief Administrative Officer Carl Isenburg if you share our concerns regarding the upcoming reorganization, potential staff reductions and questionable spending practices.

Sincerely,

Warren (Smokey) Thomas Ivan Herrington President Chair

WT/mp

cc: Dwight Duncan, Minister of Finance

Action Items: 1. Markdale Chamber of Commerce - Page 303 of 312 History Book Request 2. Priceville Annual Village Clean Revised Minimum Maintenance Standards Frequently Asked Questions (FAQs) Winter Patrolling

Q. How do I set up my winter routes?

A. Let’s review the wording of the regulation S4 (2) (2) During the season when a municipality performs winter highway maintenance, the minimum standard for patrolling highways is, in addition to that set out in subsection (1), to patrol highways that the municipality selects as representative of its highways, as necessary, to check for conditions described in sections 4 and 5. O. Reg. 23/10, s. 3 (1).

Section 4: Snow Accumulation & Section 5: Icy Roads

OGRA has developed a best practice for selection of representative roads that is available on the OGRA website: http://www.ogra.org/MemberServices/bestpractices.asp

Municipalities should establish a plan for patrolling representative roads to check for conditions on how the current winter storm event or pending winter storm event is or may impact the individual municipality. Patrol routes are chosen taking into consideration: the direction of the wind, the direction from which winter storm events normally come, type of precipitation, hills, shade on road, and known unique subsurface temperatures. Representative roads are then chosen for patrolling to check for conditions that provide the necessary information to allow for planning and deploying of resources to deal with the storm event. Using the principle of constructive knowledge, the roads connecting to and adjacent to the representative roads are deemed to have the same conditions as the representative roads.

Q. Does my winter patrol have to mirror my routine patrol routes?

A. No. See answer to question #1

If you are an upper tier municipality with a linear road system, you may need to patrol most or even all of the roads depending on the road classification.

Q. How can my municipality afford the extra cost?

A. Winter patrolling is about maintaining road safety for the travelling public and managing risk. Your municipality needs to be proactive and seen to be proactive dealing with winter storm events. This is necessary in the defence of claims in the Courts. Early Court rulings have actually bashed municipalities for not have winter patrolling. Judges are at a loss to understand how a municipality can respond to a winter storm event if it

Action Items: 1. Markdale Chamber of Commerce - Page 304 of 312 History Book Request 2. Priceville Annual Village Clean does not have someone tracking the storm and preparing resources to tackle it. Further, judges want to see winter patrolling during a storm event so that the plows and spreaders are called at the right time for repeated response(s) as often as required for the duration of the event. For example: during a snow event, when the snow accumulation for the class of road reaches the depth set out in the table, this is the trigger for the next round of plowing. You need to know this. How do you know? … By patrolling or by constructive knowledge.

Q. Can my plow operators be patrollers during a winter storm event?

A. Regulation S4 (3) says that:

(3) Patrolling a highway consists of observing the highway, either by driving on or by electronically monitoring the highway, and may be performed by persons responsible for patrolling highways or by persons responsible for or performing highway maintenance activities. O. Reg. 23/10, s. 3 (1).

However, the person doing the patrolling must keep patrol records. There needs to be documentation for the Courts should a claim arise. You need to prove that the plow operator was patrolling in addition to his/her duties as an operator. This new clause will no doubt be tested in the Courts.

Q. What is “constructive knowledge”?

A. Regulation S1 (4) tells us that:

(4) For the purposes of this Regulation, a municipality is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the municipality ought reasonably to be aware of the fact. O. Reg. 23/10, s. 1 (3).

This matter was dealt with in the Court ruling concerning Thornhill v York Region. The judge mused that The Municipal Act, the parent legislation already dealt with constructive knowledge and the MMS regulation requires actual knowledge, as child legislation cannot change the parent legislation, then constructive knowledge applies to the regulation. As legal counsel did not argue on this point, no action was taken by the Courts; however, it was expected, hence, the addition of constructive knowledge to the regulation.

Action Items: 1. Markdale Chamber of Commerce - Page 305 of 312 History Book Request 2. Priceville Annual Village Clean

Municipal Info Days

Drinking Water Source Protection would like to invite Councils and municipal staff within our Source Protection Region to a morning information session on the: DRAFT PROPOSED ASSESSMENT REPORT We will start with a brief overview of the process. Through examples, we will show how to determine which properties may be in a vulnerable area and which activities may be potential risks to drinking water sources.

An informal discussion period will follow to focus on questions.

We have organized three dates; choose the one closest to you! Monday, April 26, 2010 Grey Sauble Conservation, Administration Building (lower level) 237897 Inglis Falls Road, Owen Sound 10:00am - 12:00 noon

Tuesday, April 27, 2010 Municipality of Northern Bruce Peninsula Office 56 Lindsay Road 5, Lion’s Head 10:00am – 12:00 noon

Wednesday, April 28, 2010 Saugeen Valley Conservation, Resource Centre 261123 Grey Road 28, Hanover 10:00am - 12:00 noon

If you require further information and to RSVP please contact the Drinking Water Source Protection office at 519-470-3000, 877-470-3001 or [email protected]

Action Items: 1. Markdale Chamber of Commerce - Page 306 of 312 History Book Request 2. Priceville Annual Village Clean

Ministry of Community Ministère des Services and Social Services sociaux et communautaires

Accessibility Directorate Direction générale de l'accessibilité

of Ontario pour l'Ontario

6th Floor, Suite 601a 6e étage, bureau 601a 777 Bay Street 777, rue Bay Toronto ON M7A 2J4 Toronto (Ontario) M7A 2J4

We are pleased to launch the 2010-2011 EnAbling Change Partnership Program. We encourage you to submit your innovative project idea by completing the Letter of Interest provided on our website.

Deadline to submit your Letter of Interest is April 23, 2010.

About the EnAbling Change Partnership Program Under the annual EnAbling Change Partnership Program, the government partners with organizations that have the vision, leadership and commitment to improve accessibility by providing funding for projects that will significantly improve accessibility across industries or sectors.

Goals of the Program • Assist obligated organizations in complying with the Accessibility for Ontarians with Disabilities Act, 2005 and accessibility standards

• Develop sector-specific educational tools, resources and best practices that can be distributed to businesses and organizations across the province and across different sectors

• Encourage businesses and organizations to be leaders and share their knowledge and expertise with other partners, and

• Remove barriers for people with disabilities and improve accessibility.

More Information and How to Apply For complete details about the program and the application process, please visit our website at: www.mcss.gov.on.ca/en/mcss/programs/accessibility/EnablingChange/index.aspx

Action Items: 1. Markdale Chamber of Commerce - Page 307 of 312 History Book Request 2. Priceville Annual Village Clean Action Items: 1. Markdale Chamber of Commerce - Page 308 of 312 History Book Request 2. Priceville Annual Village Clean Resolution circulated from other Municipalities: 1. County Page 309 of 312 of Huron - regarding residential repair or replacement of Resolution circulated from other Municipalities: 1. County Page 310 of 312 of Huron - regarding residential repair or replacement of Resolution circulated from other Municipalities: 1. County Page 311 of 312 of Huron - regarding residential repair or replacement of Resolution circulated from other Municipalities: 1. County Page 312 of 312 of Huron - regarding residential repair or replacement of