Environmental Compliance Approval in respect of Sewage Works Regulation

Description of regulation

We are proposing to introduce a new regulation under the Environmental Protection Act (EPA) to enable prescribed persons to make alterations to sanitary collection and stormwater systems.

The EPA allows for alterations to sanitary and stormwater systems, such as for new housing and commercial developments, within the terms and conditions in Environmental Compliance Approvals (ECAs) to be carried out by prescribed persons.

The proposed regulation would allow developers who enter into an agreement with the municipality to construct sewage works that the municipality may own under the municipality’s ECA.

The proposed regulation would apply to municipalities who have ECAs with pre-authorizations and would enable developers to construct works that the municipality may own under the municipality’s ECA, if specific conditions are met. Developers must enter into an agreement with the municipality, and the work must meet the conditions of the municipality’s ECA.

Municipalities who do not have pre-authorization conditions in their existing ECAs will be required to amend their ECA if they wish to take advantage of this proposed regulation. Until a municipality has an ECA with pre-authorizations, developers are still required to obtain separate ECAs for sewage collection works.

Purpose of regulation

The Ministry is continuously transforming its environmental permissions framework, utilizing a risk-based approach to improve service delivery and public transparency, while still maintaining strict environmental protection standards.

The purpose of the regulation is to eliminate the need for developers to obtain separate approvals for pipe by pipe construction thereby speeding up new home development and eliminating duplication and reducing financial and administrative burden for developers.

Other information

Currently the ministry receives over 700 sewage applications each year, many from developers and municipalities for low-risk pipe by pipe sewage works that support new housing and commercial developments.

The proposed regulation will, over time, reduce the number of ECAs received by the Ministry and allow the Ministry to focus its resources on activities which pose the greatest risk to human health and the environment.

The proposed regulation supports the Ministry’s ongoing work towards consolidated permissions. The Ministry will continue to engage stakeholders on these efforts.

Other public consultation

The Ministry will engage with stakeholders through a number of opportunities including existing technical working groups, association meetings, and targeted outreach sessions.

Regulatory impact statement

The proposed regulation enables actions that will reduce the number of ECAs, allowing the Ministry focus on the performance of a municipality’s sanitary collection and stormwater systems as a whole with updated environmental performance conditions.

The proposed regulation will also enable businesses and government to save time, money and resources currently spent on a duplicative administrative process for routine, low-risk activities. Removing barriers to obtaining sewage works permissions supports increasing the housing supply and community regeneration through creating certainty in construction planning and timelines and reducing redevelopment costs.

There are no anticipated administrative costs to businesses that will occur as a result of the proposed regulation.

Please see Bill 108, More Homes, More Choice Act, 2019 for proposed legislation.