Repeal the Toxics Reduction Act, 2009 and all associated regulations by December 31, 2021

What we heard

We considered all feedback received during the comment period for this posting. We received comments from a wide range of interested parties, including:

• individual members of the public
• industry and industry associations
• municipalities
• non-governmental organizations

Industry was supportive of the proposed repeal of the Toxics Reduction Act, 2009.

The public and non-governmental organizations were not supportive of the proposed repeal of the Toxics Reduction Act, 2009.

Below is a summary of the comments received and how we considered them in our decision. Comments are grouped into five themes:

1. Concerns with deferring to the federal Chemicals Management Plan program.
2. Strengthening the Toxics Reduction Act, 2009 to achieve better outcomes.
3. Potential impacts to the environment, human health, and worker safety.
4. Focus on cutting red tape and promoting corporate interests at the expense of public interests.
5. Right to know about toxic substances in the community.

1. Concerns with deferring to the federal Chemicals Management Plan program

Commenters were concerned that the Toxics Reduction Act, 2009 does not duplicate the federal Chemicals Management Plan program.

Response

Both Ontario and the federal governments require industry to take action on shared toxic substances:

• The Toxics Reduction Act, 2009 requires industry to report publicly on toxic substances used, created, released, and contained in product. Prior to the recent regulatory amendments, they were also required to develop plans to reduce the amounts used, created, released and contained in product of those substances.
• The federal Chemicals Management Plan program requires industry to reduce the use and/or release of certain toxic substances.

While implementing toxic substance reduction plans under Ontario’s program is voluntary, the federal program has many risk management tools appropriate for the substance that can include both voluntary and mandatory actions.

To avoid this duplication, Ontario’s facilities will benefit from no longer having to:

• prepare new plans; or
• review their existing plans.

We are confident in the federal government’s approach under the Chemicals Management Plan program to manage substances.

2. Strengthening the Toxics Reduction Act, 2009 to achieve better outcomes

Commenters were concerned that the act was being repealed, and its associated regulations revoked, without first considering changes to the program to achieve better outcomes. This includes:

• setting toxic substance reduction targets; and
• proclaiming un-proclaimed sections of the act related to:
  • collecting information about substances of concern in Ontario;
  • labelling and banning of substances; and
  • imposing administrative penalties.

Response

Setting toxic substance reduction targets could cause unnecessary burden on facilities. The Toxics Reduction Program uses modern regulatory principles to reduce toxics. Facilities can set reduction targets and meet them on their own schedule at a pace that reflects their:

• capabilities,
• resources, and
• availability of technology and alternative substances.

The federal program takes these factors into consideration as well when researching and selecting the most appropriate risk tools to manage a toxic substance.

The unproclaimed sections of the Toxics Reduction Act, 2009 will lapse on December 31, 2019 and will not be proclaimed into force. Proclaiming these sections would increase burden on industry, and any regulations necessary to operationalize the unproclaimed provisions would only be in place until December 31, 2021. With regard to the three sections:

• Collecting information about substances of concern in Ontario: To date, we have not received any requests to consider changes to our list of toxic substances, which would have required us to collect information about lesser known substances through this unproclaimed section. We will continue to evaluate the need, if required, to obtain information on lesser known substances.
• Labelling and banning of substances: Any labelling and banning initiatives are best addressed at the federal level in line with international efforts to set new directions to safely manage toxic substances.
• Administrative penalties: Since the introduction of the Toxic Reduction Program, the existing array of tools (such as warnings, letters, notice of violations, provincial officer’s orders and investigations) have proven to be effective to achieve compliance. This is demonstrated by the consistently high compliance rate over the last five years. For this reason, there is no need to proclaim additional compliance and enforcement tools such as the administrative penalties.

3. Potential impacts to the environment, human health and worker safety

Commenters were concerned that repealing the act could have negative impact on environmental and human health, and on the safety of those working at facilities.

Response

We are not expecting impacts to:

• the environment,
• human health, and
• worker safety

Implementation of toxic substance reduction plans was voluntary, and there has only been a 0.04% overall reduction of substances used, created, released, and contained in product.

The federal government’s Chemicals Management Plan program is a rigorous, science-based program to manage toxic substances under the Canadian Environmental Protection Act, 1999. The program’s goal is to review and manage the potential risks which chemical substances can pose to Canadians and the environment.

We also heard and recognize that many facilities develop and maintain their own comprehensive environmental, health and safety management systems. These management systems are developed to:

• ensure a clean environment,
• healthy communities, and
• protect worker safety

4. Focus on cutting red tape and promoting corporate interests at the expense of public interests

Commenters were concerned that these changes would make it easier for facilities to use toxic substances and pollute. They feel businesses need oversight to protect public interests, including the environment and human health.

Response

We are committed to protecting the environment and human health while ensuring that Ontario is open for business.

This is why we recently released the proposed Made-in-Ontario Environment Plan, which balances a healthy environment with a healthy economy.

Ontario also has a number of existing compliance tools that address contaminants that are toxic substances. For example, the Environmental Protection Act, 1990 allows the ministry to make regulations to collect information, or to set standards to limit the releases of a substance.

5. Right to know about toxic substances in the community

Commenters were concerned that the repeal of the act and associated regulations could negatively impact the public availability of information on toxic substances.

Response

The Toxics Reduction Act, 2009 defines toxic substances as:

• those listed in the federal National Pollutant Release Inventory under the Canadian Environmental Protection Act, 1999, as well as
• acetone (adopted from Ontario Regulation 127/01 made under the Environmental Protection Act, 1990).

After 2021, facilities would continue to be required to meet the federal National Pollutant Release Inventory requirements to report publicly on releases to:

• air,
• land, and
• water.

This information is also available online on a federally-managed site with a map, similar to Ontario’s Environment Map.