First Nations band councils are federally regulated employers under the Canada Labour Code. That means band offices, band-operated schools, health centres, administrative buildings and other band-operated workplaces are covered by the new federal radon exposure limit — 200 Bq/m³ as an annual average — which takes effect on January 30, 2027.
Coverage of the new limit has largely focused on banks, airlines and federal departments. Band councils appear on the same list of federally regulated employers, and this page sets out what applies and what the measurement process involves.
In brief: Band councils are federally regulated employers. From January 30, 2027, the employer must ensure no employee is exposed to an annual average above 200 Bq/m³. The measurement window runs October through April, and testing follows Health Canada's public-buildings protocol.
Why band councils are federally regulated
Occupational health and safety in Canada is mostly provincial. The Canada Labour Code is the exception, and it applies based on the nature of the undertaking rather than its location. Band councils fall under federal jurisdiction, alongside banking, interprovincial transport, telecommunications, broadcasting, postal services, grain handling, Crown corporations and the federal public administration.
Practically, that means a band office in Saskatchewan and a band office in New Brunswick answer to the same federal occupational health and safety regulations — not to their respective provincial regimes.
What the rule requires
As amended by SOR/2026-10, the Canada Occupational Health and Safety Regulations state that the employer must ensure no employee (other than nuclear energy workers) is exposed in any year to an average radon concentration above 200 Bq/m³. The previous limit was 800 Bq/m³.
Two features matter. The duty sits on the employer — the band council, as the employer of the people working in the building. And the measure is an annual average, which cannot be established without measuring. Full detail: SOR/2026-10 explained.
Which buildings are covered
Any building where band council employees work more than four hours a day:
- Band administration offices
- Band-operated schools and childcare facilities
- Health centres and nursing stations operated by the band
- Community halls, recreation and public works buildings with regular staff
- Economic development and enterprise offices
Band-operated schools are federally regulated, because the band council is the employer. Provincially operated schools fall under provincial occupational health and safety regimes, where no radon-specific limit currently applies.
Why measurement matters building by building
Radon is produced by the decay of uranium in soil and rock, so concentrations vary by region and by building. Health Canada's cross-Canada survey and subsequent research show elevated radon potential across large parts of the Prairies, northern Ontario, parts of Atlantic Canada and the territories.
Building characteristics matter as much as geology. Newer, more airtight construction can retain radon more readily than older buildings. Slab-on-grade construction and buildings over crawl spaces are in direct contact with soil gas. Ventilation, heating systems and how a building is used all affect the result.
You can look up measured results for your region on our Canada radon map. Regional data indicates likelihood only. Two buildings on the same street can test very differently, so the only way to know a specific building's concentration is to measure that building.
How workplace testing works
The method is Health Canada's Guide for Radon Measurements in Public Buildings, and it differs from testing a house:
- A detector in every occupied room in ground contact — rooms where someone spends more than four hours a day. One detector per 200 m² in larger rooms like gyms or halls.
- At least three months, during the heating season — roughly October through April. Short-term tests are not acceptable for deciding whether action is needed.
- Quality control detectors in addition — duplicates at 10% of locations, plus blanks.
- C-NRPP-approved devices, analyzed by an accredited laboratory.
- Records kept — the regulations require the qualified person's hazard investigation report to be kept 30 years (s. 10.6, already in force), and the 2026 amendments extend air sampling record retention to match, which is where a radon measurement sits.
Detectors are passive. Once placed, they sit undisturbed for the test period; nobody has to do anything with them until retrieval.
What the record has to contain
The regulations set out what a test record must include: the date, time and location of the test; the substance tested for; the sampling and testing method used; the result obtained; and the name and occupation of the person who made the test. A laboratory report supplies the result; the rest is recorded in the field at placement and retrieval. Records are retained 30 years.
If a result is above 200 Bq/m³
Health Canada recommends remedial action within two years for results between 200 and 600 Bq/m³, and within one year above 600 Bq/m³ — carried out by certified mitigation professionals, with retesting afterward to confirm the reduction. In most buildings, mitigation is a well-understood fix, and cost depends on building size and construction.
Questions about capital or health-infrastructure funding are best directed to Indigenous Services Canada or the relevant regional First Nations health authority. We are a testing supplier and are not in a position to advise on program eligibility.
The practical timing
The limit takes effect January 30, 2027, and the measurement is an annual average — which requires at least three months of testing during the heating season. Counting backward, detectors placed in the fall produce a result around the time the duty begins. Detectors placed in late winter produce results in spring.
There is no legal deadline to test. But heating-season measurement happens once a year, and the 2026–27 season is the last one before the limit applies. The full timing arithmetic is here.
Common questions
Are band councils really covered by the federal limit?
Yes. Band councils are federally regulated employers under the Canada Labour Code, so the occupational health and safety regulations amended by SOR/2026-10 apply to their workplaces.
Does this apply to homes on reserve?
No. The limit is an occupational one and applies to workplaces. Health Canada's guideline of 200 Bq/m³ applies to homes as guidance, and Health Canada recommends every home be tested regardless of location.
What about band-operated schools and daycares?
Covered as workplaces, because the band council is the employer. Provincially operated schools and daycares fall under provincial regimes, where no radon-specific requirement currently applies.
Who enforces this?
The Labour Program of Employment and Social Development Canada administers occupational health and safety under Part II of the Canada Labour Code.
What if there are many buildings and testing them all this season isn't realistic?
The Labour Program has acknowledged that testing a large untested portfolio by the in-force date may not be realistic, and that a phased approach — highest-risk buildings first, with documented prioritization and a written plan for the remainder — can be a recognized path forward, provided it is raised with and agreed by the regulator. See our compliance timeline.
Read next
SOR/2026-10 explained · Which rules apply to your workplace · Workplace radon FAQ · How commercial testing works
RadonTest.ca provides testing logistics and laboratory submission. We do not perform radon mitigation and we do not interpret health risk — Health Canada is the health authority on radon in Canada. This page describes publicly available regulatory information and is not legal advice.
Sources
Canada Labour Code, Part II; Canada Gazette, Part II, Vol. 160, No. 3 (SOR/2026-10); Canada Occupational Health and Safety Regulations, s. 10.26(4) as amended; Health Canada, Guide for Radon Measurements in Public Buildings; Health Canada, Canadian radon guideline; Employment and Social Development Canada, amendments to regulations under Part II of the Canada Labour Code.