CCI Toronto News

June 23, 2022 - Legislative Newsflash

Recent Amendments to the Occupational Health and Safety Act

The Ontario government recently made changes to the Occupational Health and Safety Act to address the issue of delivery workers lacking reliable access to a washroom while working.  The new section 29.1 of the OHSA provides that, subject to limited exceptions, the owner of a workplace is required to provide access to a washroom upon request to any person who is present at the workplace to deliver anything to the workplace, or to collect anything from the workplace for delivery elsewhere.  In a condominium context, this means that the condominium corporation is responsible for providing washroom access to any delivery person who is at the building to deliver anything or to pick up anything for delivery elsewhere.
The only exceptions to this requirement are where:

The legislation does not provide any guidance as to in what circumstances providing access will not be “reasonable or practical”.  However, given the nature of the OHSA as worker-protection legislation, it is fair to expect that these restrictions would likely be interpreted narrowly.

For condominium corporations with common element areas that include washrooms, there are numerous practical considerations that will need to be addressed, including:

As always, any condominium corporation that has any questions about its particular legal obligations should seek advice from its lawyer.
Visit the Condominium Legislation Page



The CCI Toronto Legislative Committee is committed to providing regular ongoing updates regarding all legislation concerning condominiums, in order to keep our members abreast of changes of which they need to be aware.