Canadian Association of Diving Contractors

August 11, 2025 – [TORONTO, ON] — The Canadian Association of Diving Contractors (CADC) is raising urgent safety concerns over the Ontario Government’s recent amendment to O. Reg. 629/94 – Diving Operations under the Occupational Health and Safety Act.

Effective July 1, 2025, Ontario Regulation 140/25 amended O. Reg. 629/94 to create a sector-specific exemption for the screen industry. The change removes the requirement for certain underwater roles to hold certification to the CSA Z275.4-22 – Competency Standard for Diving Operations, unless the diver is explicitly assigned to a safety-critical role such as a standby diver or supervisor.

According to CADC, this change:

• Originated from requests and advocacy by representatives of the film industry.

• Was implemented without formal consultation with the broader commercial diving sector.

• Allowed only one week of public posting before the amendment took effect.

• Mirrors a 2014 regulatory exemption granted to the aquarium sector — also introduced without sector-wide safety consultation — which remains in place today.

“This is not modernization — it is the removal of a long-standing safety requirement that applied equally across all sectors,” said Doug Elsey, P.Eng., Executive Director of CADC. “Water doesn’t care if you’re filming a movie or repairing a bridge — the hazards are the same. By removing the requirement for CSA-certified competency in certain roles, Ontario is creating a two-tier safety system and shifting the legal burden from regulation to individual supervisors.”

From Uniform Safety to Sector-Driven Exceptions

Until now, Ontario’s diving regulation applied equally to construction, inspection, salvage, research, and screen industry diving. All divers had to meet the same baseline for competency, medical fitness, equipment, and emergency protocols — regardless of employer or project type.

By carving out exemptions based on sector identity rather than operational risk, the Ministry has replaced a consistent safety framework with selective exceptions. CADC warns this approach sets a precedent for other sectors to seek similar carve-outs without a technical or risk-based justification.

The Risks of Lowering Competency Requirements

The CSA Z275.4-22 standard is Canada’s nationally recognized minimum competency benchmark for occupational divers. It ensures divers have the documented training, skills, and capability to safely operate in high-risk underwater environments.

Allowing uncertified divers to work in non-safety-critical roles in the screen industry increases the likelihood of:

• Use of unqualified personnel lacking critical knowledge of decompression, emergency procedures, contamination hazards, and equipment operation.

• Higher accident risk, where inadequate response in an emergency can endanger both the diver and others in the operation.

• Erosion of professionalism, reducing the value placed on proper training and certification.

Shifting Liability to Supervisors

Under the amended regulation, supervisors may be required to oversee uncertified or underqualified divers. This substantially increases both legal and ethical liability, as they must now assess and mitigate the risks posed by divers whose competencies are not verified to CSA standards.

In the event of an incident, supervisors could face prosecution under Bill C-45 (the Westray Law) if it is determined they failed to take all reasonable steps to protect the safety of workers.

“A supervisor’s role assumes the divers under their control are already competent,” Elsey said. “When that assumption is removed, supervisors become the last barrier to systemic failure — without the tools or authority to guarantee competence.”

Weakened Enforcement and Clarity

Previously, enforcement officers could confirm compliance by checking for valid CSA Z275.4 certification. The new exemption forces inspectors into case-by-case determinations, such as:

• Is the diver’s role “supporting the safety” of another?

• Is the dive “for screen purposes” or incidental maintenance during production?

• Does the diver qualify under the exemption?

This ambiguity creates inconsistent enforcement and the potential for work to be misclassified to avoid competency requirements.

Undermining National Standards

The CSA Z275 series of diving standards are the product of decades of work by regulators, industry, safety experts, and medical professionals. They establish the minimum — not the maximum — safety baseline for diving in Canada.

By allowing certain sectors to bypass these standards, Ontario risks:

• Undercutting CSA’s role as a unifying national safety benchmark.

• Encouraging other provinces to weaken their alignment with CSA standards.

• Sending the message that safety compliance can be negotiated rather than determined by operational hazards.

CADC’s Call to Action

CADC urges the Ontario Government to:

1. Rescind the sector-based exemption in section 4.1(8) of O. Reg. 629/94.

2. Reaffirm a task-based, risk-driven approach that applies equally to all sectors.

3. Ensure enforcement clarity by requiring all divers to meet CSA Z275.4 competency.

4. Engage in open consultation with the diving industry before making regulatory changes affecting safety.

“Ontario has been a leader in aligning diving regulations with national standards,” Elsey added. “This amendment reverses that leadership and opens the door to lobby-driven exceptions. We can modernize the regulation — but not at the cost of diver safety.”

Disclaimer:
This statement reflects the position of the Canadian Association of Diving Contractors based on its interpretation of Ontario Regulation 140/25, Ontario Regulation 629/94, and the CSA Z275.4-22 – Competency Standard for Diving Operations. The information provided is accurate to the best of CADC’s knowledge as of the date of publication and is based on the text of the regulation, publicly available information, and CADC’s expertise in commercial diving safety. CADC will update its position if further clarification or amendments to the regulation are issued by the Ministry of Labour.

Tags: divesafety