This consultation was open from:
April 22, 2026
to June 8, 2026
Decision summary
We have removed environmental assessment and Environmental Bill of Rights requirements for certain service area and fill rate changes at waste disposal sites. Environmental oversight for these changes will be provided through Environmental Compliance Approvals.
Decision details
In response to increasing pressure on waste disposal capacity and uncertainty around cross-border waste movement, Ontario has made changes to support more efficient use of existing waste disposal capacity. These changes help make it easier for operators to change the area where waste comes from (the service area) and the rate at which a landfill can be filled (the fill rate), while maintaining environmental oversight through Environmental Compliance Approvals (ECA).
Amendment to regulations
We have amended 2 regulations under the Environmental Assessment Act (EAA) and 1 regulation under the Environmental Bill of Rights, 1993 (EBR). We amended:
- Ontario Regulation 50/24 – Part II.3 projects – Designations and Exemptions to remove the designation of service area changes at waste disposal sites and for fill rate changes at landfilling sites under the Environmental Assessment Act. Amendments also provide an exemption from service area and fill rate limits established under the Environmental Screening Process for Waste Management Projects (ESP), so that a site’s service area or fill rate can be changed without triggering addendum requirements under the ESP.
- Ontario Regulation 51/24 – Exemptions from the Act and from Part II.1 of the Act to remove the requirement to comply with waste disposal site service area and fill rate limits that are established in a condition of an approval under the EAA.
- Ontario Regulation 73/94 – General to exempt proposals for Environmental Compliance Approval (ECA) amendments for service area and fill rate changes from Part II of the EBR.
As a result, changing the service area of a waste disposal site (such as landfills, thermal treatment facilities, and waste transfer sites) or the fill rate of a landfill no longer trigger requirements under the EAA. ECA amendment proposals for these changes are exempt from Part II of the EBR, including the Environmental Registry of Ontario (ERO) posting requirements and related third-party appeal rights. However, changing the service area or fill rate of a site beyond that approved in the site’s ECA will still require an ECA amendment application which will provide for regulatory oversight through technical reviews and local notifications.
The changes do not alter the requirements under the EAA or EBR for changes to a site’s total waste disposal volume or the types of waste a site is authorized to receive. Proposals to expand a waste disposal site or change approved waste types remain subject to existing environmental assessment and environmental approval requirements.
The amendments will strengthen Ontario’s waste management system while continuing to protect the environment and public health and safety.
Effects of consultation
We consulted on this proposal through the Environmental and Regulatory Registries between April 22, 2026 and June 8, 2026. In addition to consulting through the registries, we provided direct notifications to:
- Indigenous communities
- Stakeholders
We received 45 submissions from members of the public, Indigenous communities, environmental groups, municipalities, industry associations, non-governmental organizations and owners/operators – 28 through the ERO and 17 through email. Four comments were submitted through both the ERO and by email. As a result, these comments were counted twice in the total number of comments received.
The following is a brief summary of the comments received and how they were considered:
Meaningful participation, transparency and accountability
Concern was raised that the proposal would adversely impact meaningful participation of Indigenous communities.
Response:
Regulatory oversight will continue to be provided through the ECA amendment application process, including fulfilling any duty to consult obligations.
Although applications to amend an ECA for service area or fill rate changes will not be posted on the ERO, applicants must continue to notify neighbouring landowners, members of a community liaison committee, if one exists, and any potentially affected Indigenous communities identified by the ministry. In addition, host municipalities are notified directly by the ministry. The ministry considers all comments received during the technical review of the application, and ECA conditions may be imposed to address concerns raised.
Consideration of potential impacts
Concern was raised that the removal of environmental assessment (EA) requirements would shift the focus away from a holistic assessment of environmental, cultural and cumulative impacts and could limit opportunities to assessment of impacts on the natural environment.
Response:
On their own, service area and fill rate changes do not alter the physical design, approved capacity, waste types managed, site footprint, or environmental mitigation measures already imposed in an EA approval and/or ECA to protect the environment.
The primary impacts of operational changes such as service area and fill rate changes are typically associated with increased truck traffic, including potential air quality, odour and noise effects. These impacts will continue to be assessed and addressed through the ministry's review of the ECA amendment application. If the review identifies potential for other environmental impacts, the ministry will take measures to address them. Existing environmental assessment requirements would continue to apply to establishing waste disposal facilities and certain expansions.
Local community control over waste disposal sites
Concern was raised about potential for reduced local community control over waste disposal sites and potential for increased public health and community safety risk.
Response:
Concerned persons can continue to raise issues by contacting the waste disposal site operator or owner directly, local Ministry of the Environment, Conservation and Parks district office or local municipality. Operators and owners are responsible for meeting ECA terms and conditions as well as all relevant municipal rules related to the operation of waste disposal sites.
Circular economy and long-term disposal capacity issues
Concern was raised about potential for hindering the move towards a circular economy and long-term capacity issues.
Response:
Ontario is continuing to promote the circular economy to reduce waste, maximize resource recovery, and keep materials in use for as long as possible, rather than sending them to landfills. This proposal would not affect those efforts.
Ontario also recognizes the pressures on landfill capacity and uncertainty around cross-border waste movement, and is working on solutions to address the issue.
Note:
Some comments received are related to a specific waste disposal site project – York 1’s Dresden landfill expansion project. The regulatory amendments related to service area and fill rate changes apply to waste disposal sites generally. As a result, the project-specific comments were outside the scope of the decision made.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Connect with us
Contact
EA Modernization Project Team
135 St Clair Ave West
4th Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
Ontario is proposing changes to requirements for waste disposal sites. These changes would support more efficient use of existing waste disposal capacity and provide communities with more options to meet their waste disposal needs while maintaining strong environmental protection.
The proposal would allow operators more flexibility to change the area where the waste comes from (the service area) and to change the rate at which they can accept it (the fill rate). The proposal reduces red tape while providing solutions for municipalities in Ontario with waste capacity needs, all while maintaining strong environmental protection.
The proposal would also remove the requirement to complete the Environmental Screening Process (ESP) under the Environmental Assessment Act (EAA) and would exempt applications for Environmental Compliance Approval (ECA) amendments for these changes from the requirement to post on the Environmental Registry of Ontario (ERO). It would also remove related appeal rights under the Environmental Bill of Rights, 1993 (EBR). Environmental protections would continue to apply through the ECA requirements.
Background
Currently, service area and fill rate changes for waste disposal sites have requirements under 2 separate statutes:
- completion of the ESP under the EAA
- an ECA amendment under the Environmental Protection Act (EPA)
Fill rate changes apply only to landfills and dumps, and do not apply to thermal treatment sites.
The ESP is an environmental planning and consultation process. It requires proponents to:
- identify and assess potential environmental effects
- determine mitigation measures to address those effects before proceeding
- engage Indigenous communities, municipalities and interested persons
The service area and fill rate of a waste disposal site are generally established through the environmental assessment (EA) process, and proponents are required to carry out the waste project in accordance with the EA documentation. Subsequently, expanding the service area or increasing the fill rate requires completion of the ESP.
An ECA sets conditions for the use, operation, establishment, alteration, enlargement or extension of waste disposal sites. It, among other things:
- defines where waste can be received from (the service area)
- can set the fill rate
- requires monitoring, reporting, and operational controls to manage environmental risk
Since ECAs define the service area for a waste disposal site, most changes to service areas require an ECA amendment, with limited exceptions under section 5.2 of Regulation 347 (General – Waste Management). All changes to the fill rate require an ECA amendment.
Proposed change
Ontario is proposing to remove the requirement to complete the ESP for service area and fill rate changes.
Instead, where an ECA defines the service area and fill rate for a waste disposal site, changes would require an ECA amendment, and the ministry would review these changes through the ECA application process. Ontario is proposing to exempt applications for ECA amendments for these changes from the requirement to post on the ERO and related appeal rights under the EBR. Environmental review, notification to adjacent landowners and potentially impacted Indigenous communities, and environmental protection would continue to apply through the ECA application process.
Rationale for change
The current framework requires proponents to complete 2 processes to assess the same operational changes for service areas and fill rates. This requirement is in addition to any other applicable environmental assessment requirements for when the site was first established or expanded. Typically, changes to the service area or fill rate have limited or no environmental impacts.
This proposal would simplify requirements by relying on the ECA process. This approach would provide greater flexibility and support more efficient use of existing waste capacity, while maintaining oversight.
Details of the change
Ontario proposes the following regulatory amendments:
- O. Reg. 50/24 (Part II.3 Projects – Designations and Exemptions - Environmental Assessment Act)
Remove the designations for service area changes at waste disposal sites and for fill rate changes at landfilling sites and dumps.
- O. Reg. 51/24 (Exemptions - Environmental Assessment Act)
Exempt waste disposal sites from EA-approved service area limits and fill rate limits.
- O. Reg. 73/94 (General - Environmental Bill of Rights)
Exempt proposals for ECA amendments for service area and fill rate changes from section 22 of the Environmental Bill of Rights, 1993. This would mean that ECA amendment proposals for service area and fill rate changes would not be required to be posted on the ERO, and would remove third-party rights to seek leave to appeal ECA decisions for these amendments.
Resulting Framework
Under the proposed approach, proponents would manage service area and fill rate changes through the ECA process. In practice, the following steps would be undertaken:
- Proponents would apply to amend their ECA
- The ministry would assess the proposed changes through the review of the application to amend the site’s ECA
- Proponents would notify nearby landowners, potentially impacted Indigenous communities, and members of a Community Liaison Committee (if one exists)
- The ministry would notify relevant municipalities, seek their input and undertake broader notification where needed
- The ministry would consider any input from landowners, Indigenous communities and municipalities
- The ministry may also require additional notification to fulfill any Duty to Consult obligations
Expected outcomes of the proposed changes
The proposal would:
- simplify and increase process efficiencies
- improve flexibility to manage provincial waste disposal capacity
- support more efficient use of existing infrastructure and strengthen system resilience
- maintain environmental protection, Indigenous consultation, and local notification through ECA requirements
Public consultation opportunities
This proposal is posted for a 45-day public comment period. The ministry will consider all comments before making a decision.
Regulatory impact assessment
The proposal would:
- reduce time and costs for waste disposal site operators
- allow operators to adjust service areas and fill rates more efficiently, thereby supporting better use of existing waste disposal capacity
- not introduce new compliance costs or ECA requirements
Through this posting, the ministry is seeking input on potential cost, operational, and social, economic, or environmental impacts.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from April 22, 2026
to June 8, 2026
Connect with us
Contact
EA Modernization Project Team
135 St Clair Ave West
4th Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
28By email
17By mail
0