The Ministry recognizes and appreciates the continuing challenges faced by all of Ontario businesses, due to the ongoing Covid-19 pandemic.

As you have indicated in your correspondence, flushable toilets are required on all construction projects in Ontario.

Under section 29.1 of the Regulation for Construction Projects (O. Reg. 213/91), all non-sewered toilet facilities provided on a project must be either water flush or chemical flush units.

The regulation specifically states that “non-sewered flush toilet facilities,” meaning water flush toilets or chemical flush toilets that are not connected to a sanitary sewer system, must be equipped with a trap or a positive seal separating stored waste from the bowl and the waste must first be flushed from the bowl with water or with water containing chemical additives. Then the waste is deposited into a container and chemically treated sufficiently for the container’s maximum capacity [s.29.1(0.2)].

Suppliers and constructors each have separate and overlapping duties with respect to facilities under the Act. The Ministry will hold both suppliers and constructors accountable for fulfilling their legal obligations based on the facts in each case.

As a supplier, clause 31(1)(b) of the Act requires that supplied equipment complies with the provisions mentioned above, of the construction regulation.

Recently, MLTSD and members of OASIS have been engaged in discussions concerning the various challenges that the Covid-19 pandemic has created or exacerbated.

As such, MLTSD has been made aware of the current and temporary supply issues being faced by suppliers of non-sewered flush toilet facilities in numerous regions across the province. In addition to this, other unique challenges have been identified as quickly approaching in the northern regions, with the coming change in weather and onset of winter conditions.

MLTSD and OASIS will continue to work together on these issues, as well as any others, to ensure that the health and safety of Ontario’s construction workers is protected and that compliance with our legislation can be achieved and maintained.