Changing the Transition Requirements in the Air Emissions Environmental Activity and Sector Registry Regulation

Ontario is proposing regulatory changes to reduce administrative burden for businesses that operate facilities with air and noise emissions.

The proposed amendments would remove the requirement for proponents to transition from existing Environmental Compliance Approvals (ECAs) to the Air Emissions Environmental Activity and Sector Registry (EASR) by January 31, 2027. The proposed changes would allow proponents to continue operating prescribed facilities under existing ECAs. Registration on the EASR would be required only when proposed modifications to a facility or the activities at the facility would otherwise trigger an amendment to their ECA.

These changes aim to reduce administrative and financial burdens while maintaining environmental protections and improving the efficiency of environmental permissions processes.

The Air Emissions EASR is part of Ontario’s registration first approach for environmental permissions. Under this approach, proponents are required to register air and noise emissions from certain prescribed activities and sectors (for example, food processing, cabinet making and general manufacturing) on the EASR instead of applying for an ECA, which is a ministry-issued permission. Under an EASR registration, proponents are required to meet regulatory requirements designed to protect human health and the environment, including retaining licensed engineering practitioners (LEPs) to complete certain technical assessments and complying with applicable operating requirements and standards.

Existing transition requirements

Currently, Ontario Regulation 1/17 (Air Emissions EASR regulation) requires proponents with prescribed activities that are approved under an ECA to transition to the EASR by January 31, 2027, even if no operational changes are planned to their facilities.

This transition may require proponents to:

• retain LEPs to prepare or update technical reports (such as, air, noise and odour assessments, including Emission Summary and Dispersion Modelling (ESDM) reports) to demonstrate compliance with EASR requirements; and
• submit registration information through the EASR.

These existing transition requirements introduce additional administrative burden and time for businesses, for activities that would otherwise continue under the ECA process without requiring application renewal.

Proposed change to transition requirements

The ministry is proposing to change the transition requirements in the Air Emissions EASR regulation to shift them from a time-based requirement to a change-based approach. Under this approach, proponents with facilities operating under an existing ECA would not be required to transition to the EASR by a fixed deadline. Instead, the obligation to register would only be triggered when a facility undertakes changes to its operations that would otherwise require an ECA amendment. These changes may include:

• modifications that would typically require an amendment to an existing ECA such as changes to air pollution control equipment or operational parameters that would change air emissions, and
• new activities prescribed under the Air Emissions EASR regulation.

Where no changes are proposed or changes are limited to administrative information like business names or addresses, proponents may continue to operate facilities under their existing ECA. These administrative changes would continue to be managed through administrative amendments to the existing ECA.

Rationale for the proposal

The proposed amendments are intended to reduce administrative burden and associated costs for the regulated community by eliminating the need to update technical reports, such as ESDM reports, where proponents have already obtained a ministry approved ECA and no operational changes to the approved activities are proposed. By avoiding unnecessary updates where operations remain unchanged, the proposal reduces duplication of effort and streamlines compliance obligations.

The proposed changes would also improve regulatory efficiency by focusing ministry efforts on more complex activities or activities where changes are planned. This approach confirms that documentation and assessment requirements are proportionate to the extent of operational changes, while maintaining appropriate environmental protections.

Public consultation opportunities
This proposal is being posted for a 45-day public review and comment period. We encourage interested parties to make comments on this proposal. Comments made on this proposal will be considered before making a decision.

Regulatory impact assessment 
This proposal is expected to reduce administrative burden, reduce unnecessary updates where no operational changes are proposed, and improve the efficiency of environmental permissions. 
The changes would also allow the ministry to focus its efforts on facilities that are undergoing changes and where additional oversight may be required. Further assessment of cost impacts is ongoing.