Amendments to O. Reg. 222/07: Environmental Penalties

As a result of the serious compliance concerns arising in the landfill sector, MECP has expanded the existing environmental penalties (EPs) framework to open and closed landfilling sites with an approved capacity of 40,000 cubic metres or more.

Expanding environmental penalties to landfill sites will enable the ministry to take stronger action against illegal activity at landfill sites by giving enforcement officials the ability to issue monetary penalties. Without this type of penalty available, the ministry must pursue prosecution through the courts – a lengthy and costly process, which can take time to get results.

Penalty amounts reflect the seriousness of the contravention. EPs range from $1,000 per day for less serious violations to $100,000 per day for the most serious violations. A person would be able to seek a reduction of a penalty amount if they can demonstrate that they took steps to prevent or mitigate the contravention.

Revenue from the EPs are deposited into the Ontario Community Environment Fund. Through this program, these funds are reinvested in projects that improve the environment in the region(s) where the violation or environmental impact happened, for example, a shoreline cleanup or tree planting. These activities take place in addition to other actions that companies may have been ordered to do to repair harm caused by a violation of environmental laws, such as taking steps to prevent discharges of contaminants, including odour, that cause an adverse effect.

The overall framework for EPs remains unchanged. The amendments will maintain the existing process for issuing penalties (e.g., giving a notice of intention, the ability to request a review of the notice and seek reductions), the calculation of penalty amounts, and the rules governing reductions of penalties. The ministry already successfully uses EPs to support compliance and enforcement efforts at facilities that emit pollution or discharge effluent directly to land and surface waters, and petroleum facilities that discharge sulphur dioxide to the air.

By expanding EPs, which are a form of administrative monetary penalty (AMP), MECP has taken this interim step towards implementing its broader AMPs proposal from Winter 2022 and will continue to review and respond to stakeholder concerns on the AMPs proposal.

Through the Winter 2022 proposal, we considered input on the broader AMPs regime that included landfilling sites received through:

• engagement sessions/meetings
• written comments received on the proposal

We received a total of 63 comments from a wide range of stakeholders on the broader AMPs regime that included landfilling sites including:

• members of the public (19 submissions)
• industry associations (17 submissions)
• agricultural sector (6 submissions)
• environmental non-governmental organizations (7 submissions)
• municipal sector (10 submissions)
• First Nations (4 submissions)

We also held seven virtual engagement sessions during the proposal period, consulting with over 700 participants, and met with additional stakeholders upon request.

We heard from stakeholders and the public that they supported stronger measures to protect our communities and our environment but had mixed support for the concept of expanding AMPs. However, as a result of the serious compliance concerns arising in the landfill sector, we have decided to proceed with limited expansion of the application of environmental penalties to landfilling sites.