Amendments to the Environmental Compliance Approval in respect of Sewage Works Regulation

Ontario is adopting a Consolidated Linear Infrastructure Permissions Approach (CLI) for low risk projects related to sewage collection and stormwater management, with a goal of getting important, low-risk public infrastructure projects built sooner by reducing the time it takes between when needs are identified and when citizens can actually benefit.

O. Reg. 208/19 is a core component of the CLI Permissions Approach. The regulation, which came into force in July 2019, allows prescribed persons, such as developers, to make alterations to municipal sanitary collection and stormwater works without requiring a separate approval if specific conditions are met.

Minor amendments were made to O. Reg. 208/19 and come into effect on July 1, 2021. The amendments allow prescribed persons to carry out terms and conditions included in a municipal Environmental Compliance Approval (ECA), including for future specified alterations to sanitary collection and stormwater systems without requiring a separate ECA, if certain conditions are met. This was the original intent of the regulation and was consulted on when the regulation was first being developed and when the ministry consulted on the CLI Permissions Approach.

This minor change is required to support the implementation of the CLI Permissions Approach which will create efficiencies for developers, while allowing the ministry to focus on operations which pose the greatest risk to human health and the environment.

Under the consolidated process, a municipality would no longer need to submit individual “pipe by pipe” applications for future alterations provided they are built in accordance with new design criteria and all other ministry approved conditions. These pre-authorizations will allow municipalities to proceed without first having to obtain an individual ministry permission. In certain circumstances, and with municipal approval, developers who are constructing infrastructure on behalf of municipalities can receive pre-authorization if work is being carried out in accordance with the requirements of the municipality’s consolidated linear infrastructure ECA, including meeting ministry design standards.

The CLI Permissions Approach is intended to:

• create an efficient process for low-risk projects
• provide clear, transparent and consistent requirements
• improve environmental protection through updated and consolidated terms and conditions
• establish a more comprehensive picture of sewage works across the province