Alberta’s Asbestos Laws Explained

When you’re a homeowner (especially a new homeowner like myself) there’s nothing more exciting than standing in the room of choice, and imagining the possibilities. Maybe smashing out the ugly tiles in the bathroom that must have been installed in 1963, or busting down the wall to turn your tiny closet into a walk-in closet. Before you let your excitement run away with you, there’s one question that could both protect your health and save you hefty amounts of money: is there asbestos in the home?

In Alberta, the laws around asbestos use and removal aren’t mere suggestions; Occupational Health and Safety are more than happy to step in and drop massive fines, then report your transgressions to the Environmental Protection agencies that have lawyers locked and loaded. These laws are strict, heavily regulated, and even more heavily enforced. These laws are designed with protection in mind, for the homeowner, their family, their community, and the environment at large.

What is Asbestos, and Why is it So Strictly Regulated?

Asbestos is a naturally occurring mineral that was once lauded as a miracle mineral because of its durability, insulating ability, and its fireproof nature. It was used in everything: insulation, ceiling and wall texture, exterior stucco, in and around furnaces, in drywall… you name it, and construction companies were fireproofing their builds with it. The problem came when the dangers of asbestos began to present themselves. Miners and the families they came home to were mysteriously dying of strange lung diseases that the doctors couldn’t quite place, until they noticed the pattern in the deaths; these were all people who were directly handling asbestos, or were being actively and continuously exposed to these deadly fibers. More professions known to use asbestos came under investigation, and sure enough, these workers were facing the same deadly consequences. As it turns out, when it comes to asbestos, ignorance isn’t bliss, and what you don’t know most certainly can hurt you.

What You Need to Know Before Renovation or Demolition

If you’re getting ready for renovation or demolition in Alberta, these Asbestos laws are going to be critical to know and understand. Before you consider even looking at the sledgehammer, make sure you know what is legally required of you.

Mandatory Hazardous Materials Assessment

Before anything can be disturbed, everything that might be involved in your renovation absolutely must be professionally tested for the presence of asbestos and lead. This isn’t optional; even if you think there’s nothing there, or if you don’t personally care if you’re exposed to asbestos, you can face serious consequences. If you skip the testing and asbestos is later discovered (whether it’s something incidental or the next property owner finding asbestos and purposely/accidentally reporting that you had done work without testing), you’re looking at possible fines, lawsuits, or being held liable for the exposure of workers or residents in or around the property.

If the hazard assessment confirms that asbestos is present, the next step is categorizing the material as low, moderate, or high risk. This will depend on the condition of the asbestos-containing material, how friable (or how easily it can crumble and release the asbestos fibers into the environment) it is, and the type of work that needs to be done. Once the risk level has been determined, the abatement procedures can be implemented based on the Alberta Asbestos Abatement Manual.

What Are the Consequences of Starting Work Without Testing?

If you’ve decided to go ahead and proceed with the renovation or demolition work without testing, you could face a multitude of consequences:

• If your contractor has filed the permits needed and Occupational Health and Safety visits your property (which they often do, just to ensure that everything is proceeding safely and effectively) they may request to see all pre-renovation testing. Without the asbestos testing being performed on any property that was originally built before 1990, the OH&S officer can issue a stop work order that prevents any progression on the project until testing is completed.
• If you’ve been caught by OH&S having not tested for asbestos, not only can the contracting company face fines, but OH&S can fine you.
• If others have been exposed or harmed by asbestos exposure due to failure to test for asbestos, you can anticipate lawsuits from the people who have been exposed, or even from the previously mentioned environmental groups.
• Finally, we all know that insurance is always going to look for a way to avoid paying out on claims. If it comes to light that you’ve done work on likely asbestos-containing materials without testing (which is often based on the age of the home), your claims can be outright rejected with ease, as your property is now considered contaminated. Even if there isn’t any asbestos found on the property, the failure to test is the make or break as far as insurance is concerned.

What Happens If I Find Asbestos After Work Starts?

Sometimes, people genuinely don’t know about the asbestos risks, or realize that their home actually has asbestos containing materials. If the possibility of asbestos exposure comes to your attention after you’ve begun renovation or demolition, the first step you’re going to take is halting all work immediately. If you have polyethylene sheeting or any other way to close off the area immediately, then you should. Next, you need to contact your local asbestos testing company for confirmation.

If your test results come back positive for asbestos, the next step is to bring in an asbestos abatement company (such as Wise Abatement, if you’re in the Calgary/Southern Alberta area) to first clean the contaminated area, and then complete the abatement. It is incredibly important that you do not re-enter the contaminated area until the abatement company has given you the final all clear from the air monitoring.

Testing Now Saves You Later

The fact is, disturbing asbestos without properly testing and abating leads to devastating consequences. Physically, you could risk several horrific, lethal diseases. Legally and financially, fines and lawsuits are likely to drain your wallet of the budget you’d intended to use on your project. The good news? Getting your home tested is a quick, easy, and affordable process, especially when you compare it to the costs and hassles of fines, stopped projects, and everything else that comes with being caught working on asbestos containing materials.

As someone who works alongside Calgary’s top abatement teams, I’ve seen firsthand how skipping asbestos testing can completely derail even the most perfectly laid out plan. If you’re questioning the process, what to expect, or how to prepare your home for safe renovations, reach out! I can always offer input that will help steer you in the right direction!