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). (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).