Radon Gas: It is in our homes and workplaces and it is killing us!

By Catherine E. Willson, B.A., LL.B.

Catherine E. Willson is counsel in the law firm, Goldman Sloan Nash & Haber LLP, (willson@gsnh.com) a full service law firm in Toronto, Ontario (www.gsnh.com).

Radon gas is responsible for 16% of lung cancer deaths in Canada yearly.  It kills more people than carbon monoxide.  It is a naturally occurring radioactive substance that, when trapped in a home or building envelope, accumulates to levels harmful to humans.  As the gas breaks down, its particulates lodge in our lungs and disrupt our cells leading to cancers that may not be apparent for years to come.  It is the new asbestos, except it is airborne and invisible to our senses.

Contrary to some long-held beliefs in Ontario, Radon hotspots are not contained to a few unfortunate townships.  Radon hotspots exist throughout the GTA and can vary significantly from building to building.  All buildings should be tested for radon gas and if levels are found beyond a certain minimum threshold, remediation steps should be taken.  This is a problem that has always been with us and it should be treated as seriously as asbestos and mould.

Testing procedures are simple and cheap.  Remediation expenses are covered on new builds through the Tarion Home Warranty Program for up to 7 years.  On old builds, there is no government help in Ontario but there are programs in other Provinces and in the United States.  In fact, Ontario is very much behind in testing and mitigation of radon poisoning.

Thirty-three states in the United States mandate Radon testing as part of every real estate transaction.  Many U.S. states also mandate radon mitigation efforts in all new construction.

In Alberta and the Yukon, there is mandatory testing of child care centres and schools as young children sleep on the floor where the gas density is highest. 

Section 2.2.1.1 of the Ontario Building Code sets out the following:

OH1: An objective of this Code is to limit the probability that, as a result of the design or construction of a building, a person in the building will be exposed to an unacceptable risk of illness due to indoor conditions caused by inadequate indoor air quality.

Though the Ontario Building Code is not as up to date as it should be with respect to radon gas, it clearly mandates its control in all builds. 

The Toronto Construction Association held a forum on Radon Gas on April 23, 2019 with guest speakers:

Bruce Decker, CET, ROHT, BSSO, Senior Indoor Environmental Specialist, BGIS;
            Email: bruce.decker@bgis.com

David Innes, C-NRPP Measurement and Mitigation, Professional Certification, Director of Sales, Radon Environmental Management Corp.; and

            Email: david.innes@radoncorp.com

Scott Cryer, B.Sc., P.Geo., National Practice Lead, Pinchin Ltd.

            Email: scryer@pinchin.com

For more information on Radon Gas in Ontario, requirements for testing, and remediation strategies, please feel free to contact our speakers

Catherine E. Willson is counsel in the law firm, Goldman Sloan Nash & Haber LLP, (willson@gsnh.com) a full service law firm in Toronto, Ontario (www.gsnh.com).  This information deals with complex matters and may not apply to particular facts and circumstances.  The information reflects laws and practices that are subject to change.  For these reasons, this information should not be relied on as a substitute for specialized professional advice in connection with any particular matter.