Toxics Reduction Program…

Toxics Reduction Program
Ministry of the Environment, Conservation and Parks

Related to
ERO 013-4234 Repeal the Toxics Reduction Act, 2009, associated Regulations, and remove the Toxics Reduction Plan
ERO 013-4235 Planning and reporting changes under the Toxics Reduction Program and Ontario Regulation 455/09

Dear Sir,

We appreciate the opportunity to submit comments on Ontario Environmental Registry proposals related to the repeal of the Toxics Reductions Act and Regulations and related program and reporting changes.

The Ontario Federation of Agriculture (OFA) is Canada’s largest voluntary general farm organization, representing more than 38,000 farm family businesses across Ontario. Agriculture and agri-food businesses are leading economic drivers for the province, contributing nearly $40 billion in GDP and employing over 822,000 Ontarians. These farm businesses form the backbone of our robust food systems and rural communities, with the potential to drive our economies forward.

We recognize that the proposals are meant to reduce regulatory burdens for businesses and to avoid unnecessary duplication. Ontario proposes to no longer require facilities to create or review their toxics reduction plans while the federal government finalizes its approach to these substances.

The OFA supports the proposal designed to ensure Ontario new, continuing, and returning program reporting facilities have reduced regulatory burdens while continuing to maintain uninterrupted compliance during the transition to federal-only requirements.

We recognize that this design reduces duplication with the federal program. And, we support the proposed adoption of the Canada Chemicals Management Plan for facility owners and operators to ensure that a toxic substance reduction plan is in place for any toxic substance, in accordance with the Federal Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR).

The Ontario Toxics Reduction Act, 2009 is meant to prevent pollution, and protect human health and the environment, by reducing the use and creation of toxic substances; and to inform Ontarians about toxic substances. Regulated facilities need to report publicly on their use of certain toxic substances and are required to identify options to reduce them through toxic reduction plans every five years.

The federal government Chemicals Management Plan, under Federal Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR), also requires facilities to act on toxic substances, which can include identifying options to reduce their use. By 2021, all substances regulated by Ontario will be covered by the federal program.

Both the Ontario Toxics Reduction Act 2009 and the Federal EIHWHRM Regulations require facility owners and operators to ensure that a toxic substance reduction plan is prepared for a toxic substance if criteria thresholds are met for: facility class; numbers of persons employed at a facility; and substance quantities. The Federal Regulations list hazardous wastes and materials classes, for both disposal and recycling and specifies conveyance, import, export and transport requirements for disposal and recycle.

The OFA supports that the above information is meant to confirm that these proposed changes will not compromise the degree of safety or compliance needed for facilities operating in Ontario to meet the original objectives of the Ontario Toxics Reduction Act. And, the OFA hopes Environment Canada’s on-line Single Window CMP portal will make it easier to complete reporting obligations. OFA also supports making it easier for people to report violations, but we recommend that governments ensure that any compliance system conducts scientifically sound investigations to remove the spectre of harassment or false reporting.

These online capabilities are promising; however, we also feel it is important to recognize that rural and remote areas of Ontario are at a disadvantage until all of Ontario has broadband availability. Recognizing that the federal government classified broadband access to be a right for all Canadians, the OFA looks forward to seeing all levels of government collaborate with rural stakeholders to bring this needed infrastructure to rural and northern Ontario, and we thank the Ministry of Environment, Conservation and Parks for recognizing and supporting this goal.

Respectfully Submitted,

ELECTRONIC SIGNATURE

Keith Currie,
President