When Federal Regulations Apply
Federal jurisdiction applies to specific categories of workplaces, including:
- Federally regulated agricultural operations connected to inter-provincial trade (grain elevators, federally licensed feed mills)
- Air, rail, marine, and inter-provincial road transportation
- Telecommunications and broadcasting
- Banks and federally regulated financial institutions
- Federal government workplaces and Crown corporations
- Uranium mining and atomic energy facilities
- Most First Nations governance and on-reserve operations
For Ontario agricultural workplaces specifically, the federal framework applies most often to grain elevators licensed under the Canada Grain Act and to feed mills connected to inter-provincial supply chains. The federal Department of Labour conducted a confined space inspection blitz of Ontario grain industry organizations in January and February 2026, with follow-up activities ongoing.
For a side-by-side comparison of federal and Ontario provincial frameworks, see Provincial vs Federal Confined Space Regulations.
The 2021 Amendments
Part XI was significantly amended with changes that came into force on October 1, 2021. The amendments:
- Updated the definition of "confined space" to align more closely with industry practice and CSA standards
- Introduced the new category of "hazardous confined space" with stricter requirements
- Clarified employer obligations to identify and document confined spaces
- Updated atmospheric testing and rescue requirements
- Strengthened training and record-keeping obligations
Federal employers should ensure their programs reflect the post-2021 framework, not the previous version of Part XI.
How a Confined Space Is Defined
Under the amended Part XI, a confined space is a space that:
- (a) is enclosed or partially enclosed
- (b) is not designed or intended for continuous human occupancy
- (c) has a limited or restricted means of entry or exit, or an internal configuration that could complicate provision of first aid, evacuation, rescue, or other emergency response
All three conditions must apply for a space to be a confined space under federal law.
How a Hazardous Confined Space Is Defined
A hazardous confined space is a confined space that, when entered, occupied, or exited by persons, presents hazards likely to cause injury, illness, or other adverse health effects because of:
- (a) its design, construction, location, or atmosphere
- (b) the materials or substances in it
- (c) the work activities, processes, or use carried out in it
- (d) any other physical hazards present
The full Part XI program requirements apply to hazardous confined spaces. Confined spaces that are not hazardous still require employers to establish safe entry procedures, person-check systems, and emergency response procedures, but the full hazard assessment and qualified person reporting requirements only apply to hazardous confined spaces.
The Workplace Survey (Section 11.02)
Section 11.02 requires that every employer, in consultation with the workplace committee or health and safety representative, conduct a survey of the workplace to determine all confined spaces. The employer must:
- Identify each confined space
- Determine whether each is a confined space or a hazardous confined space
- Maintain a record of all confined spaces, kept up to date and readily accessible
- Place a visible sign at the entrance to each confined space identifying it as a confined space and prohibiting entry without authorization
The record may be kept at the workplace or as a centralized record covering multiple workplaces.
The Qualified Person's Hazard Assessment (Section 11.03)
For each hazardous confined space, the employer must appoint a qualified person to:
- Carry out an assessment of the hazards
- Specify the tests necessary to determine whether persons are likely to be exposed to identified hazards
The qualified person must record findings in a signed and dated report to the employer specifying:
- Protection equipment to be used
- Insulated protection equipment and tools, if applicable
- Personal protective and emergency equipment for rescue personnel
- First aid attendant requirements, if applicable
The employer must make the report available to the policy committee, workplace committee, or health and safety representative.
If a hazardous confined space has not been entered in the three years preceding when an assessment should have been carried out, and no entry is scheduled, the assessment need not be carried out until entry becomes likely (Section 11.02(5)).
Entry Procedures (Section 11.04)
Section 11.04 requires the employer to establish written entry procedures, with the date they were established specified in them. Procedures apply differently depending on whether the space is a confined space or a hazardous confined space, and must take into account the qualified person's report.
Procedures must address how persons safely enter, occupy, and exit the space, including communication and emergency response.
Atmospheric and Other Conditions (Section 11.05)
Before any person enters a hazardous confined space, a qualified person must verify:
- Oxygen content is between 19.5 and 23 per cent by volume at normal atmospheric pressure
- Concentrations of explosive or flammable substances are below specified limits
- Any liquid in which a person could drown has been removed
- Any free-flowing solid in which a person could become entrapped has been removed
- The space is secured to prevent entry of hazardous materials and contaminants
If these conditions cannot be met, safety measures including engineering controls must be in place to ensure safety.
Lifeline and Harness Requirements
Section 11.06 requires that every person entering, exiting, or occupying a hazardous confined space wear an appropriate safety harness securely attached to a lifeline that:
- Is attached to a secure anchor outside the hazardous confined space
- Is monitored by a qualified person
- Protects the person from the hazard for which it is provided and does not in itself create a hazard
- Is, if feasible, equipped with a mechanical lifting device
A trained attendant must be in attendance outside the space, with first aid and CPR certification, the necessary protective equipment, and refresher training annually.
Hot Work in Hazardous Confined Spaces (Section 11.10)
Hot work (any work where flame is used or a source of ignition may be produced) in a hazardous confined space is restricted. Unless a qualified person determines the work can be performed safely:
- Hot work is prohibited if explosive or flammable hazardous substance concentrations exceed 10 per cent of the lower explosive limit
- If hot work proceeds in spaces with concentrations above this threshold, additional safety measures including a qualified person patrolling the area are required
Training (Section 11.12)
Federal employers must ensure that every person who enters a hazardous confined space, or any person who plays a role in the safe entry process (attendants, qualified persons, rescue personnel), receives adequate training including:
- Hazards specific to the hazardous confined space
- Emergency procedures
- Safe use of equipment
- Their roles and responsibilities
Training must be documented under Section 11.13.
Record Retention (Section 11.13)
Records of all employees who receive training and instruction must be maintained. The employer must keep records of:
- Confined space identification and classification
- Qualified person reports
- Entry procedures and permits
- Training delivered
These records must be retained and readily accessible for compliance verification.
How CCL Health & Safety Helps
CCL builds confined space programs for federally regulated Ontario workplaces. Our specialty includes federally regulated agricultural operations (grain elevators, feed mills) and industrial workplaces. We perform qualified person assessments under Part XI, develop entry procedures, deliver training, and produce documentation that meets federal Department of Labour expectations.
For the Ontario provincial counterpart to Part XI, see Ontario Regulation 632/05 Explained. For the National Standard of Canada that complements both jurisdictions, see CSA Z1006:23 Explained. For more on our program development services, see Confined Space Program Development.
Read the Sources
- Read Part XI of the Canada Occupational Health and Safety Regulations: laws-lois.justice.gc.ca
- Read the federal Department of Labour grain industry blitz announcement: canada.ca Labour Bulletin, March 2026