Confined Spaces Safety Rules Updated

Summary#

These are final amendments to the Canada Occupational Health and Safety Regulations (Part XI) (instrument SOR/2021-143). They update the rules for working in confined spaces and take effect on October 1, 2021.

What it does#

• Replaces the old Part XI with clearer definitions, including a new category called a hazardous confined space.
• Requires employers to survey workplaces, identify all confined spaces, keep an up-to-date record, and mark entrances with signs.
• Requires a qualified person to assess hazards and write a signed, dated report that lists required protective and rescue equipment.
• Requires reassessment at least every three years (or sooner if conditions change) and continuous monitoring when the hazard assessment says it’s needed.
• Sets atmospheric limits: oxygen must be at least 19.5% and no more than 23% by volume while people are inside a hazardous confined space.
• Sets limits for hot work: hot work must not be done in a hazardous confined space that has flammable vapour above 10% of its lower explosive limit or oxygen above 23%, unless special controls and fire-watch measures are in place.
• Requires emergency procedures, trained rescue personnel (with annual refresher training and basic first aid/CPR), and safety harnesses with lifelines for many entries.
• Requires training and instruction for anyone likely to enter a confined space, and records of that training.
• Sets record-retention rules: some reports and procedures must be kept for ten years, other monitoring reports for two years, and training records while the employee works there or for two years after they stop confined-space work.

Who's affected#

• Employers and workers in federally regulated workplaces — roughly 8% of the Canadian workforce — such as parts of banking, telecommunications, air and rail transportation, shipping, grain handling, some mining, Crown corporations and the federal public service.
• Contractors and any person granted access to confined spaces on federal worksites.
• Small businesses under federal jurisdiction — the government estimated about 1,962 small businesses would be affected.

Why it matters#

• The changes clarify what counts as a confined space and which spaces are “hazardous,” so employers and workers can better spot risks before people enter.
• They require stronger checks, monitoring, emergency plans and training — measures intended to reduce serious injuries and deaths in confined spaces.
• The rules align federal limits (like raising the minimum oxygen level to 19.5%) with other Canadian jurisdictions and current industry standards.
• The government estimates modest costs to employers (about $204,000 per year across the federal jurisdiction, present value about $1.43 million). That works out to roughly $56 per affected small business per year, according to the analysis.
• If anything in the summary above is unclear about scope or numbers, the original Canada Gazette notice contains the full text and analysis.