Planning and reporting changes under the toxics reduction program and Ontario Regulation 455/09

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
• industry associations
• non-governmental organizations
• one toxic substance reduction planner

Industry and one toxic substance reduction planner (toxic substance reduction planners are licensed professionals who are required to recommend improvements to and certify facilities’ toxic reduction plans) were generally supportive of the proposed amendments to the regulation.

The public and non-governmental organizations were not supportive of the amendments.

Below is a summary of the comments received and how we considered them in amending the final regulation.

Comments are grouped into the following four themes:

1. Impact to the environment, human health, and worker safety
2. Focus on cutting red tape and promoting corporate interests at the expense of public interests
3. Right to know about toxic substances in the community
4. Commented on the proposal to repeal the Toxics Reduction Act, 2009 in 2021.

1. Impact to the environment, human health and worker safety

Commenters were concerned that changes to planning requirements under the toxics reduction program could have negative impacts on environmental and human health, and on the safety of those working at facilities.

Response

We are not expecting a negative impact on the environment, human health, and worker safety as a result of the regulatory changes. Implementation of Toxic Reduction Plans was voluntary. We can use other existing compliance tools to address concerns with toxic substances. In addition, we have released the proposed Made-in-Ontario Environment Plan, which will help to protect and conserve our air, land and water.

The federal government has a comprehensive program in place to manage toxic substances under the Canadian Environmental Protection Act, 1999, which has similar objectives as the Toxics Reduction Act, 2009 to prevent pollution and protect the environment and human health.

The federal government’s Chemicals Management Plan program under the Canadian Environmental Protection Act, 1999, which takes a comprehensive science based approach, requires facilities to take action on toxic substances. Actions can include identifying options to reduce their use. We are confident in the federal Chemicals Management Plan’s approach to manage substances.

Facilities are still able to amend their existing toxic substance reduction plans. We encourage all facilities to continue to consider the implementation of reduction options identified in their current plan.

We also 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, worker safety, and to assist first responders in emergencies.

2. 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. Commenters stated that 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 our proposed Made–in-Ontario Environment Plan, which balances a healthy environment with a healthy economy. Ontario has other regulatory
instruments in place to address substances, such as under the Environmental Protection Act, 1990.

3. Right to know about toxic substances in the community

Commenters were concerned that the regulatory changes could negatively impact the public’s right to know about toxic substances in the community.

Response

The purposes of the Toxics Reduction Act, 2009 are to prevent pollution and protect human health and the environment by reducing the use and creation of toxic substances, and to inform Ontarians about toxic substances.

Our proposed regulatory changes will continue to inform Ontarians about toxic substances. Facilities with current toxics substance reduction plans will still be required to annually report on amounts used, created and amounts contained in products for those substances.

Annual reports and toxic reduction plan summaries from existing facilities will continue to be available to the public on ontario.ca as an open data set and through the toxics reduction environment map. Facilities are also required to make their annual reports and plan summaries available to the public on their websites.

Information regarding releases is also available online through the National Pollutant Release Inventory.

4. Commented on the proposal to repeal the Toxics Reduction Act, 2009 in 2021

Some commenters submitted feedback on the Ministry’s proposal to repeal the Toxics Reduction Act, 2009 in 2021 through the regulatory proposal notice instead of commenting directly on the Act proposal notice. For example, comments were received supporting the proposed repeal of the Toxics Reduction Act, 2009, while other comments recommended strengthening the Toxics Reduction Act, 2009.

Response

Feedback relevant to the Ministry’s proposal to repeal the Toxics Reduction Act, 2009 in 2021 will be considered as part of the analysis to that proposal.