This notice is about a decision that was not subject to the normal consultation process. Learn more about the types of notices on the Environmental Registry of Ontario.
Why consultation isn't required
In accordance with subsections 29(2) and (3) of the Environmental Bill of Rights, 1993, (the “EBR”), there was a decision to rely on the emergency exception in section 29 of the EBR in respect of certain amendments to Regulation 347 made under the Environmental Protection Act (the “EPA”).
Given the high number of COVID-19 cases and outbreaks occurring across the province, there is urgency to reducing transmission of COVID-19, especially in high-risk and critical sectors. The regulation is essential to support the on-going implementation and demand related to enhanced COVID-19 antigen point-of-care testing at essential workplaces and other locations.
Proactive screening of asymptomatic individuals in these locations will help to identify potential COVID-19 infections that may otherwise not be caught through other testing mechanisms. This will help to minimize the spread of COVID-19 in places where closure or reduced capacity is not a realistic option.
Any delay in implementing the proposed amendments could deter businesses from participating in the program which would result in persons potentially being unnecessarily exposed to COVID-19.
Exception details
To help get businesses up and running with rapid testing sooner, we are taking steps to make it as easy as possible to implement rapid testing programs.
With support and guidance from Public Health Ontario, we have exempted all persons from certain requirements related to the collection, handling, storage, transportation and transfer of hazardous waste generated by COVID-19 antigen point-of-care testing (COVID-19 testing waste).
This will streamline the process for small businesses or other persons to safely handle this waste while still protecting human health and the environment. The Government will provide guidance to businesses on expectations for proper handling of this material.
The exemptions are in respect of administrative requirements, including registration and manifesting, as well as the requirement to obtain an environmental compliance approval.
The waste would still need to be disposed of at an approved waste disposal site in Ontario.
All regulatory requirements and the terms and conditions of the environmental compliance approval for the waste disposal site would continue to apply to ensure ongoing protection of human health and the environment.
The proposed exemptions will apply only if the COVID-19 testing waste is destined for final disposal in Ontario. If a person decides to export COVID-19 testing waste to another jurisdiction, the exemptions would cease to apply in respect of the waste.
We are working with the Ministry of Economic Development, Job Creation and Trade, Ministry of Health and Public Health Ontario to make sure workplaces, waste management carriers and other interested stakeholders (e.g. Chamber of Commerce) receive appropriate guidance and support materials they need to ensure tests are properly managed before reaching the approved waste disposal site.
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.
Connect with us
Contact
Dale Gable
40 St. Clair Avenue West
8th floor
Toronto,
ON
M4V 1M2
Canada