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

ERO number
013-4235
Notice type
Regulation
Act
Toxics Reduction Act, 2009
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Proposal
Proposal posted
Comment period
December 6, 2018 - January 20, 2019 (45 days) Open

This consultation closes at 11:59 p.m. on:
January 20, 2019

Proposal summary

We propose to no longer require facilities with existing toxics reduction plans to review those plans, and exempt certain facilities from all future planning and reporting obligations. This will remove unnecessary duplication with the federal program and reduce burden for industry.

Proposal details

Description of regulation

We propose to:

  1. No longer require facilities with existing toxics reduction plans to conduct reviews of those plans;
  2. Exempt certain facilities from all future planning and reporting obligations for certain substances; and
  3. Maintain annual reporting obligations for facilities with existing plans.

1. No longer require facilities with existing toxics reduction plans to conduct reviews of those plans

Facilities with existing toxic substance reduction plans would not be required to review these plans. Facilities would still be able to amend their plans and choose to implement toxic substance reduction options.

2. Exempt certain facilities from all future planning and reporting obligations for certain substances

These exemptions would impact:

  • Facilities that have never planned or reported under the program, but now meet the reporting threshold for one or more toxic substances; or
  • Facilities that have been out of the program for three or more years for a toxic substance, but are coming back into the program because they meet a reporting threshold again; or
  • Facilities that are currently planning and reporting under the program, and now meet the reporting thresholds for a new toxic substance at the facility.

We propose that the exemptions for the substances mentioned above would apply to the following obligations:

  • Creating a toxic reduction plan;
  • Tracking and quantifying toxic substances;
  • Annual Reporting on planned reductions; and
  • Reviewing the toxic reduction plan.

3. Maintain annual reporting obligations for facilities with existing plans

Only facilities with current plans for substances that meet reporting thresholds would continue to annually report on the amounts of those substances under the Toxics Reduction Program. 

Purpose of regulation

The purpose of the Toxics Reduction Act, 2009, is to:

  • Prevent pollution by reducing the use and creation of toxic substances; and
  • Inform Ontarians about those substances.

Industry is required to develop toxic reduction plans and report publicly each year. Implementation of plans is voluntary.

This proposal cuts red tape and reduces regulatory burden for businesses.

Other program changes

We are also proposing to repeal the Toxics Reduction Act, 2009 and defer to the federal Chemicals Management Plan in 2021 as part of the government’s Open for Business Plan to address duplication and overlap, and reduce regulatory burden.

Read about and comment on the proposal.

Reducing red tape

Read more about Ontario’s proposal to reduce regulatory burden.

Regulatory impact statement

The amendment would apply to facilities in the manufacturing and mineral processing sectors that report under the Toxics Reduction Program.

There would no longer be new or reviewed plans for toxics substance reduction planners to provide recommendations on and certify. Planners would only be required if a facility chooses to voluntarily amend their plans.

A costing analysis was carried out by the Ministry of the Environment, Conservation and Parks in conjunction with the Ministry of Economic Development, Job Creation and Trade, and it was found that the annual average net savings of this proposal will far exceed the annual average administrative costs.

This proposal will cost current facilities an annual average administrative cost of $818,000 to learn about the changes to the regulations and to continue reporting on existing toxics substances until 2021. These costs are offset by the total annual average administrative net savings of approximately $4 million for all facilities to stop planning and for the program to end in 2021 (when the federal government has completed its chemical assessments and taken action on many toxic substances). All cost analysis was calculated as Average Annual Present Value costs discounted at 2.5% over 10 years.

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.

Toxics Reduction Program
Address

40 St. Clair Avenue West
4th floor
Toronto ON M4V 1M2
Canada

Office phone number

Comment

Let us know what you think of our proposal.

Have questions? Get in touch with the contact person below.

Read our commenting and privacy policies.

Submit online

Submit by mail

Contact

Connect with us

Contact

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice