Hazardous Waste Digital Reporting Service Modernization

ERO number
019-2332
Notice type
Regulation
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
September 18, 2020 - November 2, 2020 (45 days) Closed
Last updated

This consultation was open from:
September 18, 2020
to November 2, 2020

Decision summary

We are making regulatory changes to Regulation 347: General – Waste Management under the Environmental Protection Act. The changes capture registration and reporting requirements to support electronic service delivery and require the regulated community to provide reporting information to the Resource Recovery and Productivity Authority.

Decision details

Ontario is working to ensure waste is properly stored, transported, recycled, recovered and disposed, by modernizing our primarily paper-based hazardous reporting service to a modern digital one. We have been working with the Resource Productivity and Recovery Authority (the Authority) to create a digital registry for Ontario’s Hazardous Waste program that meets the needs of businesses.

The digital registry will help the over 40,000 businesses and institutions regulated by this program to meet reporting requirements, while also helping reduce the amount of paper reports they have to complete and file. It will also mean more efficient compliance monitoring and timely enforcement actions for the Ministry of the Environment, Conservation and Parks (the ministry), which would help us ensure polluters are held accountable.

The new registry will be launched on January 1, 2023.

After considering all comments and feedback received on the Hazardous Waste Digital Reporting Service Modernization proposal, changes were made to Regulation 347: General – Waste Management under the Environmental Protection Act (EPA), including the following noted below.

Amendments to Regulation 347 (to take effect January 1, 2023)

We made changes to Regulation 347 to transition the delivery and operation of hazardous waste digital reporting by requiring the regulated community to report waste management information to the Authority through the new digital reporting service, instead of to the ministry as they currently do. We also modernized registration and reporting requirements to support electronic service delivery by the Authority, including:

Annual registration

We removed annual registration renewal requirement (currently between January 1st to February 15th) and now collect registration information from generators at the time the business has a waste management activity to report in the new registry; or, where a waste generator’s facility-related information is inaccurate or has become outdated.

Reporting requirements

We clarified that waste management activities will need to be reported to the Authority.

Requiring digital reporting

We clarified that the regulated community is required to use the new digital reporting service to report all required Hazardous Waste information. However, it will provide limited flexibility to allow paper submissions in exceptional circumstances, through a request to an appointed Director if certain criteria are met, related to hardship (e.g. for long term internet outages, human rights concerns, etc.).

Report completion

We allowed the digital reporting service to prompt users to enter all required waste management information and pay applicable fees before a waste management activity report is considered complete. This is to ensure that all members of the regulated community provide accurate information, on a timely basis and that they are paying for the subject waste that they generate in a timely manner.

Delegating authority

We enabled the new hazardous waste digital reporting service to allow an Authorized Generator Delegate to register and report on behalf of generators, with a written agreement established. The ability to delegate certain activities to other parties would provide flexibility for businesses (waste generators) to comply with the program requirements and ensure that the most accessible and knowledgeable individuals are able to act on behalf of a business, should it be requested.

Housekeeping amendments to Regulation 347 (to take effect July 1, 2022)

We clarified that a tonnage fee can only be charged once for a subject waste, either when it is disposed at the site it is generated at, or at the time it is transported from the generator to be treated or disposed. This change is reflected under O. Regulation 347, but will be moved to the new Subject Waste Program Regulation under the Resource Recovery and Circular Economy Act, 2016 (RRCEA) once it takes effect on January 1, 2023, as this change is related to fees.

Changes to existing definitions have also been updated to provide more clarity for the regulated community including those for:

  • ‘reactive waste’
  • ‘ignitable waste’
  • ‘reactive waste’
  • ‘mobile health care’

Related to the field operations definition, we amended the definition of ‘mobile health care’ to expand on the definition in Regulation 347, that additional human and animal health care related activities carried out at temporary sites are considered to be mobile health care.

This amendment clarifies that activities at temporary locations, conducted for both human and animal heath care, are exempt from various waste management requirements of Regulation 347, provided certain conditions are satisfied.

This will reduce burden for mobile health care work, while not impacting the safe management of subject waste. Mobile health care providers will still be obligated to register their central office site location, and the subject waste generated at the mobile site will still be tracked and required to be taken back to a local waste transfer facility for safe management.

Read about related fee changes in the new Subject Waste Program Regulation under the RRCEA in the Hazardous Waste Fee Exemption Framework decision notice. Combined these changes will allow the ministry to modernize and transition the delivery of hazardous waste digital reporting services to the Authority.

Analysis of regulatory impact

The regulatory amendments to Regulation 347: General – Waste Management will:

  • modernize the digital reporting service with mobile capability
  • reduce administrative burden
  • see a larger group of users sharing common costs and benefiting from a streamlined digital reporting service

Shifting from a primarily paper-based reporting service to a modern digital service will allow the regulated community to use a modern service to input their program reports, and reduce program compliance costs (e.g. not having to manage paper records, not having to enter duplicative information, etc.).

Comments received

Through the registry

11

By email

9

By mail

0
View comments submitted through the registry

Effects of consultation

Overview of consultations

The ministry consulted through a number of channels, including:

  • meeting directly with stakeholders through the ministry’s Hazardous Waste Multi Stakeholder Working Group consisting of 16 stakeholders that represent different industry sectors, company sizes and geographic areas, between July and October 2020
  • posting a discussion paper on Modernizing Hazardous Waste Reporting in Ontario to the Environmental Registry of Ontario and Ontario Regulatory Registry for a 60-day public comment period from June 19, 2020 to August 18, 2020
  • posting proposed amendments on the Environmental Registry of Ontario and Ontario Regulatory Registry for a 45-day public comment period from September 18, 2020 to November 2, 2020

We appreciate all the feedback received and we will continue to consider comments related to implementation of the modernized system as we update the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste and transition to the new digital reporting service.

Summary of feedback received

We received a total of 20 comments from the following stakeholders.

The comments received were generally supportive of the direction that the ministry is taking with the amendments to the regulation including modernizing reporting using a simplified and easy to use registry. Comments received also provided feedback on the preferred design of the new service.

Other recommendations made:

  1. A small number of respondents said they prefer to use paper manifests.
     

    Response: To support processes that are simpler, faster and more cost-effective, we are modernizing hazardous waste reporting by shifting from paper to electronic reports. Receiving information digitally will also allow for better tracking of subject waste in Ontario.

    Modernization of the hazardous waste program and the digital reporting service is aligned with Ontario’s Digital First Strategy using modern tools, to put the needs of Ontarians first in an increasingly digital world.

    The regulatory changes will provide flexibility by allowing the regulated community (including waste generators, carriers and receivers) to make a request by an appointed director for paper submissions where there are exceptional circumstances and certain criteria is met. The system will also include a mobile application that will work offline allowing you to enter data even without internet connectivity.

  2. A number of recommendations were made around the ability to have batch upload functionality or system to system integration with the registry (i.e. internal digital manifesting systems used by the regulated community).
     

    Response: The ministry is committed in finding a solution to support this need while balancing costs.

  3. Importance of aligning the digital reporting system with the Transportation of Dangerous Goods Act (TDGA) and better system functionality to support various user needs.
     

    Response: The ministry is working with the Authority to ensure the system is able to generate a document to support compliance with TDGA. Additionally, the system has been built to allow for easier waste classification, a user-friendly system with better flow, search and filtering functionality, and summary screens for at a glance information.

  4. Need for training and communication before implementing the digital reporting system and to clarity registration for infrequent users.
     

    Response: The ministry and the Authority are developing various training opportunities and guidance materials on the use of the new registry, and the Authority’s Registry Support Team will be available once the reporting system is implemented.

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Contact

HWIN Modernization

Phone number
Office
Program Management Branch - Program Oversight
Address

40 St Clair Avenue West
4th Floor
Toronto, ON
M4V 1M2
Canada

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Original proposal

ERO number
019-2332
Notice type
Regulation
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 18, 2020 - November 2, 2020 (45 days)

Proposal details

We made changes to the Resource Recovery and Circular Economy Act (RRCEA), and the Environmental Protection Act (EPA) in Fall 2019, which allow the Resource Productivity & Recovery Authority (the Authority) to provide digital reporting services, fee setting and collection for a wider range of waste and resource recovery programs.

The Minister of the Environment Conservation and Parks issued a written letter of direction instructing the Authority to prepare to deliver a digital reporting service for the Hazardous Waste program. The new hazardous waste digital reporting service would align with the open for business red tape reduction strategy by making it easier for the regulated community to track and report on waste.

We recently consulted on the Modernizing Hazardous Waste Reporting in Ontario discussion paper for 60 days from June 19, 2020 to August 18, 2020 to gather early feedback on proposed regulatory changes needed to modernize and transition hazardous waste digital reporting services to the Authority. We appreciate all of the feedback we received.

As the last step towards transitioning hazardous waste digital reporting services to the Authority, we are now seeking your feedback on the proposed regulatory changes.

Proposed regulatory changes

1. Amend Regulation 347 under the EPA to transition the delivery of hazardous waste digital reporting services to the Authority

A. Transition delivery and operation of the hazardous waste digital reporting service

We are proposing to amend Regulation 347 under the EPA to require the regulated community (including waste generators, carriers and receivers) to report waste management information to the Authority instead of to the Ministry of the Environment, Conservation and Parks (the ‘ministry’), as they currently do. This would enable the Authority to deliver and operate the hazardous waste digital reporting service, including collecting reports and fees from the regulated community.

B. Change registration and reporting requirements to support electronic service delivery

The amendments would also include changes to registration and reporting requirements to support a fully electronic reporting service. The new digital reporting service is intended to replace www.hwin.ca and paper document submissions.

Annual registration

We are proposing to remove the annual registration renewal requirement (currently between January 1st to February 15th) and only collect information from generators at the time the business has a waste management activity to report (i.e. onsite storage/disposal/processing, or offsite movement of subject waste).

This would mean that businesses would complete an initial waste management activity report when they are reporting their first activity (using the new registry for the first time).

To ensure ongoing accuracy with facility, contact and payment information, the Authority would require that businesses review and update their initially reported information when they are ready to report their first waste management activity after 365 days from the last time they reviewed and confirmed this information.

Reporting requirements

We are proposing to amend Regulation 347 to provide more clarity about what waste management activities need to be reported to the Authority and when they need to be reported. Reportable activities include both onsite and offsite management of subject waste and would remain the same. Reporting requirements for the Hazardous Waste program would be consolidated into one section.

The following activities would continue to be reportable waste management activities under the Hazardous Waste program:

  • Offsite management:
    • prior to completing the first off-site shipment of a subject waste
  • Onsite management:
    • within 90 days of generating and storing a subject waste where such waste is to be temporarily stored for more than 90 days and less than two years
    • prior to processing a subject waste onsite with the applicable Environmental Compliance Approval
    • prior to disposing of a subject waste onsite with the applicable approvals
    • prior to storing a subject waste for longer than two years with a valid Environmental Compliance Approval

Businesses that generate subject waste would be required to report their activities on, or prior to, the date that the activity takes place or within 90 days of generating or temporarily storing the subject waste if no other waste management activity has taken place. No generator of subject waste would be permitted to store subject waste for a period of greater than 90 days without reporting an activity to the Authority. No generator would be permitted to manage such waste without reporting the activity to the Authority.

In the near term, the ministry’s approach is to ensure that the proposed amendments would support the continued use of paper manifesting as an alternative to electronic reporting through the Authority’s Registry, in a manner similar to that currently provided for under Regulation 347. Such reporting would continue to be provided directly to the ministry (director).

Report Completion

We are proposing to amend Regulation 347 to clarify that reporting information would not be accepted in the new hazardous waste digital reporting service unless:

  • The entire waste management activity report is completed in a manner consistent with the requirements of the Regulation.
  • Any applicable fee payable by the generator is paid by or on behalf of the business.

This is intended to ensure that all members of the regulated community provide accurate information, on a timely basis and that they are paying for the subject waste that they generate in a timely manner.

Delegating Authority

We are proposing that the new hazardous waste digital reporting service would allow delegates to register, report, and pay fees on behalf of generators. The generator would remain responsible for the subject waste that they generate and the information that is reported on their behalf. The Authority would be responsible for ensuring confidential business information remains protected. We are proposing to amend Regulation 347 to include a definition for ‘Delegate’ that would clarify this role.

The ability to delegate authority would provide flexibility for businesses (waste generators) to comply with the new hazardous waste digital reporting service, and ensure that the most accessible, knowledgeable and capable individuals are able to act on behalf of a business, should it be needed.

Paper-based reporting

The rules for paper-based reporting would remain the same in Regulation 347 because there is still a possibility that paper documents could be used in certain circumstances. In situations where paper manifests are used, businesses would continue to be required to ensure their manifest travels with the waste and applicable filing requirements are met with the ministry.

C. General housekeeping amendments to provide more clarity

We are proposing to amend Regulation 347 to make various minor changes to provide more clarity and ensure consistency with other regulations.

Align with Federal regulatory phrases

Aligning with Federal regulatory phrases under the Transportation of Dangerous Goods Act(TDGA) would make it easier for businesses to learn and comply with both federal and provincial rules.

  • Align with the Federal phrasing in the TDGA by replacing “packaged” to “means of containment”.
  • The word “issued” should be removed when referencing TDGA manifests – because TDGA no longer “issues” manifests.
Definitions

Changes are needed to some existing definitions to provide more clarity for the regulated community.

  • The ‘field operation’ definition would be amended to clarify that specific medical clinics (blood donation/vaccinations and flu clinics) are included in the definition. This would reduce burden as these sites will not need to register and manifest at every site.
  • The ‘empty pesticide container’ definition would be updated to match the definition in Pesticides Act to help clarify and align with existing requirements.
  • The ‘reactive waste’ definition would be updated to correct a grammatical error and make it clear that the definition of reactive waste contains an independent list of criteria and not a multi-checklist of requirements. For example, if the waste meets any one criterion in the list, then it meets the reactive waste definition.
  • Both the ‘ignitable waste’ and ‘reactive waste’ definitions would be updated to align with the actual federal titles. 

Some new definitions (i.e. Authority, Registrar, Registry) would be needed so that the Authority can deliver and operate the new hazardous waste digital reporting service. These definitions would have the same meaning as in the RRCEA. Other defined terms may also be required or desirable.

2. Create a new regulation under the RRCEA to carry over fee exemptions for certain activities related to hazardous waste - the Authority would be required to consider the exemptions when setting program cost recovery fees.

We are proposing a new regulation under the RRCEA that would carry over fee exemptions for certain activities related to hazardous waste from Regulation 347. The Authority would be required to consider these exemptions, which would be based on the current exemptions when setting fees to recover the full cost of the Hazardous Waste program.

All fee setting references in Regulation 347 would be revoked when the new hazardous waste digital reporting service is implemented because the Authority would have the responsibility to set and collect fees. The Authority would be required to consult with stakeholders prior to establishing or amending fees for 45 days and post these fees on their website.

Read about and comment on the related proposed new regulation under the RRCEA.

Maintain government oversight for the hazardous waste program

Government would continue to play an important and on-going role in protecting the health and safety of the people of Ontario, and the environment. With respect to the Hazardous Waste program, the ministry would maintain compliance and enforcement, and program and policy oversight activities.

The Authority would be responsible for operating the hazardous waste digital reporting service to ensure reports are complete and related fees are collected. The Authority would also notify the ministry of any suspected non-compliant activities. All incidents of non-compliance with program requirements would continue to be followed-up on by the ministry.

The ministry would continue to ensure all generators, carriers, and receivers are complying with requirements under the EPA and Regulation 347 to safely store, transport, process, and manage subject waste in Ontario. The ministry would continue to do this by conducting compliance inspections and following up on reported incidents of improper management of waste. The ministry would also continue to enforce program requirements through investigations and prosecutions.

Benefits of the new digital reporting service

A new digital reporting service for the Hazardous Waste program, would make reporting simpler, faster and more cost-effective. This change would also help us to meet our goals to:

  • Go digital - Implementing a modern digital reporting service that replaces the existing paper-based manifest program would improve our existing service and knowledge base, making it easier to report activities related to subject waste (i.e. hazardous waste and liquid industrial waste as defined in Regulation 347).
  • Hold polluters accountable - Implementing a modern digital reporting service would allow for more effective and timely compliance monitoring and enforcement actions.

Improved electronic data tracking and reporting would provide the regulated community and the ministry with an important set of tools that reduce administrative burden, saving time and money. For example, the service would:

  • Reduce unnecessary manual data entry.
  • Reduce the amount of time and money businesses spend preparing and mailing paperwork to the ministry, correcting administrative errors on paper, or searching for missing paperwork.
  • Provide the ministry with more accurate and timely information to inform decision making and policy development.
  • Allow the ministry to focus on risk-based compliance and enforcement to ensure subject waste is appropriately managed.

This new hazardous waste digital reporting service would align with Ontario’s Digital Service mandate by eliminating outdated approaches to processes, such as reporting using the existing online system (i.e. Hazardous Waste Information Network - HWIN) and using the more burdensome paper-based submission processes (e.g. paper manifests) that prevent the delivery of people-centered services.

The new hazardous waste digital reporting service would align with the Made-in-Ontario Environment Plan by modernizing the way that the regulated community tracks and reports on subject waste (i.e. hazardous waste and liquid industrial waste as defined in Regulation 347 of the EPA). A better digital reporting service will enable more efficient and timely compliance monitoring and enforcement actions, which would provide assurance for Ontarians that polluters are held accountable, and subject waste is being appropriately and safely managed.

Regulatory impact statement

As part of our plan to make government work smarter, with processes that are simpler, faster and more cost-effective, we are modernizing hazardous waste reporting by shifting from paper to electronic reports.

The proposed changes to Regulation 347 in combination with a new proposed regulation under the RRCEA are anticipated to save businesses time and money.

A modern digital reporting service with mobile capability would make it easier and faster for the regulated community to meet their reporting requirements, reducing administrative burden and costs that the regulated community experiences today.

Combining digital services under the Authority would see a larger group of users sharing common costs and benefiting from a streamlined digital reporting service.

Comment

Commenting is now closed.

This consultation was open from September 18, 2020
to November 2, 2020

Connect with us

Contact

HWIN Modernization

Phone number
Office
Program Management Branch - Program Oversight
Address

40 St Clair Avenue West
4th Floor
Toronto, ON
M4V 1M2
Canada