Proposed Actions to Address Landfill Capacity

Introduction

Ontario’s waste comes from two broad sources: the residential sector, which includes individuals and families at home; and the non-residential sector, also known as the Industrial, Commercial and Institutional (IC&I) sector, which includes spaces outside the home such as private businesses, and government or institutional facilities.

Landfills are central to Ontario’s waste management, and the province must maintain sufficient landfill space as its population and economy continues to grow. Diversion, for example, through extended producer responsibility or organics diversion, is also very important to extend landfill life and the government is committed to continuing to increase diversion in Ontario. Waste can also be used in energy recovery (for example, in energy from waste incineration (EFW-I) facilities), and the Ministry of the Environment, Conservation and Parks (the Ministry) is interested in exploring if more can be done to ensure greater use of energy recovery. 

Ontario is therefore consulting on a proposed multi-pronged approach to address Ontario’s waste management needs, including:

Legislative and regulatory amendments 

1. Removing the requirement for ‘municipal support’ for new landfill proposals that require a comprehensive environmental assessment in the Environmental Assessment Act, which removes a significant barrier to new landfill proposals. These changes were introduced in the Legislature on October 27, 2026, as part of the Building Ontario Faster Act.
2. Amending the Food and Organic Waste Policy Statement (the Policy Statement) to provide flexibility and improve tracking of organics diversion. The proposed changes are outlined below and in the attached plain language description of proposed amendments; and
3. Amending O. Reg. 102/94 and O. Reg. 103/94 and repealing O. Reg. 104/94 under the Environmental Protection Act to enable improved diversion from the IC&I sector and streamline the IC&I diversion framework. The proposed changes are outlined below and in the attached plain language description of proposed amendments. 

Review of the Strategy for a Waste-Free Ontario and considering longer-term direction for waste management

• The Ministry is looking ahead to longer-term waste management priorities, and is therefore beginning the review of the Strategy for a Waste-Free Ontario 
• The Strategy for a Waste-Free Ontario (the Strategy) was published in 2017 under the Resource Recovery and Circular Economy Act (RRCEA). The RRCEA requires that the Strategy be reviewed every 10 years, which is coming up in 2027
• To support the review process, the Ministry is providing an update on the status of its action items and seeking feedback on whether existing action items should be retained, amended, or replaced
• See the attached plain language description of proposed amendments for details on each action item
• Based on feedback received, the government will amend the Strategy in 2027

Connection to Ongoing Work

This proposal is part of broader efforts to expand Ontario’s landfill capacity to meet its waste management needs.

In Spring 2026, the Ministry of the Environment, Conservation and Parks posted:

• Proposal #026-0414 to change the requirements to allow waste disposal site 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)
• Proposal #026-0415 to amend the Environmental Assessment Act to improve the Comprehensive Environmental Assessment process by removing certain steps while maintaining strong environmental protections and other opportunities for consultation
• Proposal #026-0595 to amend the Environmental Protection Act (EPA) and the Renewable Energy Approvals (REA) Regulation to recognize the biogenic content in municipal waste as a renewable energy source. This would allow eligible Energy from Waste Incineration (EFW-I) facilities to undergo a single REA process

Together, these initiatives aim to improve the efficiency of Ontario’s waste management and approvals framework while maintaining environmental protections and opportunities for engagement.

Proposed Legislative and Regulatory Amendments 

Legislative Change to Remove the Municipal Support Requirement for Landfill Proposals

On October 27, 2026 the government introduced the Building Ontario Faster Act in the Legislature which includes a schedule to remove the requirement to have municipal support for new large landfill proposals.

Although there have been several landfill expansions since 2018, only one large new landfill has been approved in the last 20 years, and Ontario continues to rely on facilities in the U.S. to manage approximately 25% of its waste, raising concerns about the province's long-term disposal capacity and reliance on out-of-country facilities.

To support Ontario’s growing population and economy there is a need to maintain sufficient landfill capacity. As a result, Ontario is proposing to provide more certainty for new proposals for large landfills to come forward by removing the requirement for municipal support. 

Currently, section 17.5 of the Environmental Assessment Act requires proponents of new, large landfills to obtain support from host municipalities and adjacent municipalities (that have land with authorized residential uses within 3.5 km of the proposed new landfill site) before comprehensive Environmental Assessments (EAs) for new landfills can be submitted to the Minister.

The Ministry is proposing to amend the Environmental Assessment Act to remove this requirement. This action will provide greater certainty for landfill proponents and help ensure Ontario has sufficient capacity to manage its waste. Landfills remain a necessary component of waste management in Ontario, and the Ministry will continue to provide appropriate oversight of landfill approvals and operations while taking steps to help ensure the province has sufficient landfill capacity to manage the waste it generates. No other jurisdiction has a mandatory municipal support requirement for landfill proposals. Removing the requirement for municipal support would align Ontario with other Canadian provinces and territories, US jurisdictions, or the European Union.

At the same time, Ontario continues to recognize the importance of local input. Municipalities can still express their views to landfill proponents and the Ministry during consultation that continues to be required during the EA process.

Amend the Food and Organic Waste Policy Statement to push out 2025 organic diversion targets and introduce reporting requirements 

Organic waste accounts for about a third of Ontario’s waste stream, with more than half of it being sent to landfill. To help increase food and organic waste diversion, reduce harmful greenhouse gas emissions, and turn food waste into beneficial end-products like compost or clean, alternative fuels to help power Ontario, the Food and Organic Waste Policy Statement (the Policy Statement) was released in 2018 in accordance with section 11 of the Resource Recovery and Circular Economy Act (RRCEA).

The Policy Statement directs both public and private sector entities to prevent, reduce, and divert food and organic waste by setting targets for larger municipalities, businesses, institutions, and multi-unit residential buildings to reduce and divert either 50 or 70 per cent of their food and organic waste starting in either 2023 or 2025.

The Ministry plans to release a guidance document and calculator in 2027 to promote consistent implementation of the Policy Statement across sectors, improve understanding of diversion calculations, and help obligated entities track progress toward their diversion targets.

The Ministry is also proposing the following amendments to the Policy Statement:

1. Introduce annual light-touch reporting requirements for entities subject to the Policy Statement diversion targets to support a more consistent understanding of diversion performance across the province.
2. Delay the diversion target timelines for entities subject to 2025 diversion targets from 2025 to 2028. This delay will allow time to release supporting guidance and calculation tools to facilitate implementation and improve compliance.

See the attached plain language description of proposed amendments for details and questions for consultation. 

Changes to the regulations that govern recycling in the Industrial, Commercial and Institutional (IC&I) sector

More than half (60 per cent) of Ontario’s waste comes from businesses and institutions in the Industrial, Commercial & Institutional (IC&I) sector, and the Ministry estimates that only 15 per cent of IC&I waste is reused or recycled. To support a resilient waste management system that meets Ontario’s needs, the Ministry is taking action to conserve landfill capacity by improving how businesses and institutions recycle.

In Ontario, IC&I waste generators are responsible for recycling waste generated on-site as per the following regulations under the Environmental Protection Act:

• O. Reg. 102/94: Waste Audits and Waste Reduction Work Plans requires large establishments in specific sectors to conduct waste audits and develop waste reduction plans
• O. Reg. 103/94: Industrial, Commercial and Institutional Source Separation Programs requires specific sectors to make reasonable efforts to source separate for reuse or recycling, and lists specific wastes to be separated from waste bound for disposal
• O. Reg. 104/94: Packaging Audits and Packaging Reduction Work Plans requires manufacturers and importers to conduct packaging audits and plans to reduce packaging waste

These regulations were introduced in 1994, and the Ministry has heard from the waste sector, municipalities, and private sector stakeholders that they need to be modernized.

The Ministry is proposing to amend O. Reg. 102/94 and O. Reg. 103/94, and repeal O. Reg. 104/94. These initial actions will clarify requirements, reinforce outcomes, and reduce unnecessary burdens and costs on businesses, allowing them to focus on recycling. 

Who Recycles: businesses and institutions (waste generators) obligated under the framework

Current regulation (O. Reg. 103/94) requires large establishments in specific sectors to make reasonable efforts to implement source separation programs. The Ministry estimates that these regulations apply to 2 to 3 per cent of all IC&I establishments in Ontario, and that these large establishments generate around two-thirds of all Ontario’s IC&I waste. 

Ontario is not proposing changes to the sectors covered by the regulations at this time, but is seeking feedback on whether the thresholds that define the size of obligated businesses in each sector would need to be refined or modified. 

Details on the regulated sector-specific thresholds can be found in the attached plain language description of proposed amendments. 

What is Recycled: updates to what must be source separated

The current regulation (O. Reg. 103/94) lists which materials must be source separated by specific IC&I sectors. This list has not been updated in over 30 years and does not reflect the kinds of wastes that Ontario generates today. For example, the regulation does not include requirements to source separate plastic packaging for most sectors.

The proposed update focusses on aligning what needs to be source separated in the IC&I sector with what is recycled at home in the blue box. This would apply only to IC&I establishments where Ontario consumers dispose on-site the same paper and packaging that they dispose of at home in the blue box. For example, paper, packaging made from paper, metal, glass, rigid plastic, or flexible plastic, and all kinds of beverage containers. 

The sectors that would be impacted include: retail; offices; shopping malls; schools, colleges and universities; hospitals; restaurants; and hotels and motels.

It is also proposed that these same businesses and institutions would also be required to source separate the same paper and packaging materials that are discarded and in their own operations. For example, an office that uses paper would source separate the paper, or a retail location that has plastic or paper packaging used in its shipping and storage operations would be required to source separate those materials. 

Ontario is seeking feedback on whether collection and/or processing capacity and end-markets support separating these materials for recycling, or if different lists are needed for materials discarded by consumers on-site or establishments’ “back-end” operations.

The Ministry notes that it is also consulting through a separate ERO posting on which materials should be included in the Blue Box system. The intent is to align the IC&I regulation with any changes made to the regulated categories of blue box materials, with the final list informed by consultation feedback.

The Ministry is not proposing changes to the list of materials that manufacturing establishments and construction and demolition projects are required to source separate.

Details on the regulated list of materials, proposed changes, and questions for consultation can be found in the attached plain language description of proposed amendments. 

Clarifying obligations for businesses and institutions (waste generators) 

The current regulation requires businesses to make reasonable efforts to source separate recyclables. The Ministry proposes to replace “reasonable efforts” with “must” implement source separation programs. This sets a clearer expectation that large businesses and institutions subject to the regulation (O. Reg. 103/94) will have systems in-place to collect materials that have been separated for recycling by consumers and themselves. 

The Ministry also recognizes that the regulations cover a wide array of different IC&I sectors and there may be need for flexibility. The Ministry is open to feedback on where flexibility could be merited and how it could be recognized. For example, should the source separation requirement apply to all obligated materials, or whether establishments should only source separate a subset of materials where end markets or collection and processing facilities are available. 

In addition, businesses and institutions will be required to keep records pertaining to the establishment of source separation programs. While the current regulation (O. Reg. 102/94) requires records relating to waste audits to be kept (see section below), there is no similar requirement relating to source separation programs (O. Reg. 103/94). Ensuring that records are kept and available to the Ministry when requested will help demonstrate compliance with obligations.

Details on proposed changes and questions for consultation can be found in the attached plain language description of proposed amendments.

Proposed new obligations for waste service providers 

Currently, there is no way for the Ministry, the public, or businesses and institutions to assess if IC&I waste material that is separated on-site is recycled. The existing regulations have no requirements on entities that handle materials once they have been picked up from an IC&I establishment.

The Ministry is seeking feedback on requirements that would demonstrate that source separated material is recycled. This would entail:

• Prohibitions on waste haulers and transfer stations from co-mingling source-separated IC&I waste materials with waste intended for landfill, or delivering source-separated IC&I waste materials directly to landfill
• Record-keeping requirements for haulers, transfer stations, and processors about source-separated IC&I waste materials that they have received and transmitted. This could include records about:
  • Where haulers have picked up and delivered source-separated IC&I waste materials;
  • How much source-separated IC&I waste material transfer stations received and sent to processing; and
  • How much IC&I waste materials processors received and processed

The record keeping would ideally leverage existing waste sector data, tracking measures, and other operating requirements. The Ministry is seeking feedback on how to ensure the proposed record keeping is low-burden and effective for the purpose of ensuring material is kept source separated. 

The Ministry is also considering requiring information from processors to be reported to government to provide insight on the diversion outcomes achieved by the IC&I sector. Reporting from processors would limit the number of businesses that must report. Reporting would not apply to waste haulers or businesses that generate waste. Reports could include information on the amount and types of IC&I waste materials processed, sold to end markets for recycling, and sent for energy recovery or disposal. This information would help assess the effectiveness of IC&I diversion.

Details on the proposed changes and questions for consultation can be found in the attached plain language description of proposed amendments.

Simplifying and removing auditing requirements and plans

The current framework requires IC&I facilities to conduct waste audits and prepare waste reduction workplans (O. Reg. 102/94). The Ministry has heard that these requirements are burdensome and may provide limited value to waste generators. 

The Ministry proposes to keep the requirement for IC&I establishments to conduct waste audits because they can help businesses identify what kinds and how much material could be source separated and sent for recycling. This helps generators plan an effective source separation program and may have further benefits (for example, by informing contracting with haulers to collect separated materials). 

As noted above, the Ministry is also considering if there needs to be any flexibility in determining which materials must be source separated. If so, the waste audit may be a useful tool for identifying or assessing factors that could merit flexibility.

Notwithstanding these benefits, the regulated waste audit can be simplified. The Ministry is proposing to remove requirements for waste audits to address (a) why and how waste is generated by businesses and institutions, and (b) the use of reused or recycled content in their products or services. These changes will allow businesses and institutions to focus audits on how to separate material for diversion. 

Similarly, the Ministry proposes to remove requirements for waste reduction work plans as the requirements are outdated, have proven not be effective, and are burdensome for businesses.

The Ministry also proposes to repeal O. Reg. 104/94 (Packaging Audits and Packaging Reduction Work Plans). As noted above, waste reduction work plans have proven ineffective. Moreover, Ontario’s Blue Box system drives a significant amount of packaging diversion for materials provided to consumers in Ontario. Removing burdens that do not drive outcomes will have cost savings for businesses and institutions, and supports focusing their efforts and resources on actions that support waste diversion.

Details on proposed amendments, revocations, and questions for consultation can be found in the attached plain language description of proposed amendments.

Long Term Direction: Review of the Strategy for a Waste-Free Ontario 

In 2017, Ontario released the Strategy for a Waste-Free Ontario under the Resource Recovery and Circular Economy Act (RRCEA). The RRCEA requires the Strategy to be reviewed every 10 years. The Ministry is using this posting to begin the mandated review of the Strategy.

As part of beginning this review, the Ministry is seeking feedback on whether the Strategy continues to reflect Ontario's needs, and whether additional tools, actions or priorities are needed to complement the existing Strategy and respond to current opportunities and challenges facing the sector for long-term sustainability. 

As part of the review, The Ministry of Environment, Conservation and Parks is seeking input on four (4) broad themes that will inform amendments to the Strategy: 

1. The Ministry sees energy recovery as the “4th R” in the waste management hierarchy (Reduce, Re-use, Recycle and Recover) and would like to get feedback on ways to ensure the province is maximizing the benefits of recovery; 
2. Even as Ontario pursues waste diversion and recovery, it is acknowledged that waste will still continue to go to landfill, and so the Ministry is seeking feedback on ways to support innovative technologies that could extend landfill life, such as new additives that break down plastics in landfills; 
3. Organic diversion can significantly extend landfill life, and the Ministry is interested in actions that would support greater organics diversions while minimizing new costs to businesses at a time of economic disruption; and 
4. The Ministry continues to seek input on designating additional materials for extended producer responsibility

Details on the review and progress update on each of the Strategy’s 15 Actions, as well as consultation questions on the proposed amendments, revocations, and questions for consultation can be found in the attached plain language description of proposed amendments.

Conclusion 

The Ministry of Environment, Conservation and Parks is taking action to address the province’s waste management needs through a balanced approach that includes creating additional landfill capacity, increasing diversion, and supporting resource recovery and innovation in waste management. Through a combination of legislative and regulatory amendments and starting a review of the Strategy for a Waste-Free Ontario, the Ministry is seeking to continue to build a waste management system that is resilient, practical and responsive to the province's changing needs.

Details on proposed changes and questions for consultation can be found in the attached plain language document.