A tenant in Ottawa wants a new floor, what should the landlord ask?

A landlord whose commercial tenant is having a floor coating installed should treat the job as likely construction work on their building under OHSA, and ask a focused set of questions before the contractor starts.

Under the Occupational Health and Safety Act, the party who controls the premises can carry obligations as an "owner," and under the Construction Act, whether a commercial tenant is the "owner" depends on the facts and the lease. A landlord should get legal advice before assuming the tenant's contractor is entirely the tenant's responsibility. What is clear: OHSA s.30(1) requires the owner to determine whether any designated substances are present at the project site and prepare a list before the project begins. Under s.30(3), a prospective contractor must have that list before entering into a binding contract. Old vinyl tile or black mastic on the existing floor may contain asbestos; the landlord should ask whether any such materials have been tested before any grinding begins. Under OHSA s.30(5), an owner who fails to list a designated substance it ought reasonably to have known of is liable to the constructor and contractors for their resulting losses; whether that owner is the landlord or the tenant is a question for legal advice.

WSIB policy 14-02-19 requires a clearance certificate before construction work begins, and the clearance must stay in effect throughout the job. The householder exemption does not apply to a business. A landlord who is a principal on the project may be liable for the contractor's WSIB payment obligations without a clearance. The landlord should ask the tenant for a copy of the clearance certificate before work starts and keep it for at least three years.

On permits: ottawa.ca lists "New flooring" among projects that do not need a building permit, but that page does not say whether it covers commercial buildings, so the landlord should confirm with the City of Ottawa. If the floor job involves adding a floor drain, that is a plumbing alteration and a permit is needed. If the building is a designated heritage property or in a Heritage District Overlay, the exemption does not apply. If the floor work is part of a change of use that increases hazard, the Building Code Act s.10 requires a permit before that change proceeds.

If the tenant's space is a food premises, Ottawa Public Health asks to be notified when a significant renovation is planned. The landlord should ask the tenant whether OPH has been contacted, and not assume a floor recoat falls below that threshold without checking.

A few practical questions worth putting in writing before the job starts: Has the existing floor been tested for designated substances? Is there a WSIB clearance certificate in hand? Has the City confirmed whether a permit is needed? Has OPH been contacted if the space is a food premises?

After the job closes out, the landlord should keep the written contract, the product data sheets and safety data sheets, the WSIB clearance, any written warranty, and photographs of the floor before and after the work.