This consultation was open from:
December 15, 2021
to January 29, 2022
Decision summary
Ontario is continuing to ensure environmental protections are in place while simplifying self-registration requirements for small scale breweries.
Decision details
Ontario is ensuring that environmental protections are in place while reducing burden for small scale breweries to gain environmental permissions.
Through these changes small scale breweries will be required to:
- register with the ministry without the need for a technical report and
- follow a standard set of operational requirements that are protective of the environment and limit potential impacts of air emissions, odour, noise and dust on the surrounding community
The smallest scale breweries will be exempt from self-registration as emissions from their operations are typically lower than ministry limits and not likely to affect human health or the environment.
To ensure environmental protection measures are in place, the ministry will continue to have the ability to conduct periodic inspections to make sure small scale breweries are in compliance with the new rules.
Since the proposal, we have replaced the term ‘microbrewery’ with ‘small scale brewery facility’ and removed the term ‘nanobrewery’.
Changes to environmental permissions for small scale breweries
Ontario is moving forward with two approaches to remove unnecessary technical reporting to save small breweries time and money:
- a new regulation for breweries making 30,000 hectolitres or less of beer annually that will allow self-registration of the facility’s beer production activities without the need for a technical report
- exempting breweries making 3,000 hectolitres or less of beer annually from the requirement to obtain a permission for air emissions
Larger breweries producing more than 30,000 hectolitres of beer annually will continue to be required to self-register under the Air Emissions EASR regulation (O. Reg.1/17) and prepare technical reports.
New small scale breweries EASR regulation (O. Reg. 102/23)
The new small scale breweries Environmental Activity Sector Registry (EASR) regulation applies to small scale brewery facilities that:
- are primarily engaged in the commercial production of beer
- produce 30,000 hectolitres or less annually of beer and any secondary products
If the facility is producing secondary products, the total volume cannot exceed the total volume of beer produced in a year and any alcohol added to the products cannot be distilled at the facility.
Small scale brewery facilities must follow requirements as set out in O. Reg. 102/23 to reduce or prevent nuisance odour, noise and dust impacts, for example:
- limited hours of operation for shipping/receiving
- keeping doors and windows closed during beer production
- developing a best management practice plan that details the mitigation of potential impacts from sources of odour and noise
- keeping records of complaints, annual volume of beer and secondary products produced, and equipment maintenance related to odour, noise and dust
The new regulation (O. Reg. 102/23) comes into effect on July 1, 2023.
Exempting breweries with the smallest scale of annual beer production
The ministry is amending O. Reg. 524/98: Environmental Compliance Approvals – Exemptions from Section 9 of the Act to exempt breweries producing 3,000 hectolitres or less annually of beer and secondary products from the requirement to obtain a permission for air emissions.
Exempt breweries must maintain equipment per manufacturers recommendations and keep records of the annual volume of beer and secondary products produced.
Amendments to O. Reg. 524/98 came into effect on May 24, 2023.
Benefits of the changes
Simplifying self-registration requirements for small scale breweries and exempting the smallest breweries is appropriate based on the scale of production of these facilities and continues to protect the surrounding community from potential odour and noise impacts. These changes will save small scale breweries time and money while maintaining protection of the environment and human health.
Effects of consultation
We received 7 comments on the proposal. Comments from individuals and associations supported the proposal, including the:
- reduction of red tape and costs for small business and
- elimination of unnecessary technical reports.
One small scale brewery expressed concerns that the proposal would add burden.
In addition to the ERO posting, we engaged with breweries further to ensure the proposal would:
- better reflect the operations of small scale breweries
- have a positive impact on this sector
Based on ERO comments and direct brewery engagement, we made the following key adjustments to the final regulation:
- replaced the term ‘microbrewery’ with ‘small scale brewery facility’ and removed the term ‘nanobrewery’
- simplified the production limits for self-registration (a maximum daily capacity limit of 600 hectolitres, an annual limit of 49,000 hectolitres/year) to one annual limit of 30,000 hectolitres/year:
- removing the daily limit better reflects actual operations and provides greater flexibility for breweries to reach production goals
- the new annual limit of 30,000 hectolitres/year reflects the technical assessment done by the ministry since the original proposal
- lowering the annual limit does not alter the estimated number of exempted and self-registering breweries
- allowed for secondary beverage production (e.g. hard cider, alcoholic soda and seltzer, hop water etc.):
- it must be included in annual production numbers
- it should be considered in best management practices plan for EASR registration
- removed the restriction on siting to allow municipalities the flexibility to place small-scale breweries in areas that are zoned appropriately for their activities
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Connect with us
Contact
Permissions Modernization Team
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
Overview
The ministry is proposing to help remove unnecessary technical reporting requirements by implementing an Environmental Activities and Sector Registry (EASR) regulation specific to microbreweries. Microbreweries will continue to be required to follow standard operational requirements that help prevent potential impacts of air emissions, odour, noise and dust on the surrounding community.
The ministry is also proposing to exempt nanobreweries from self-registration requirements as the level of beer production is low and expected to comply with ministry emission limits. A Best Management Practices (BMP) document would support nanobreweries in making decisions on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts on the surrounding community.
This proposed approach:
- reduces burden and cost on microbreweries and nanobreweries
- aligns with ministry oversight that is proportional with potential risks to the environment and human health
Current environmental permissions framework for microbreweries and nanobreweries
Breweries currently require an environmental permission through self-registration on the Air Emissions - Environmental Activities and Sector Registry (A/E EASR). Self-registration under the A/E EASR requires a licensed engineering practitioner to sign and seal an Emission Summary and Dispersion Modelling report (i.e. an air emissions report), and complete noise, odour, and fugitive dust reports before registering.
The proposed framework for microbreweries and nanobreweries
The Ontario government is focused on supporting the growth of new and existing small businesses. Microbreweries and nanobreweries are small businesses that provide economic opportunities for:
- entrepreneurs
- local employment
- the tourism and hospitality industry
The ministry completed a technical assessment of the daily and annual beer production from small-scale breweries. The ministry found that microbreweries and nanobreweries, using standard processes and operating within daily and annual production limits, are expected to comply with ministry air emission limits.
The technical assessment also found that potential nuisance odour and noise from these facilities can be mitigated by common operational practices and equipment. Therefore, the ministry is proposing to remove the regulatory requirement for microbreweries and nanobreweries to complete unnecessary facility specific air emissions, odour, noise and dust reports.
The ministry is proposing to help remove unnecessary technical reporting requirements for microbreweries by implementing an Environmental Activities and Sector Registry (EASR) regulation specific to microbreweries. The EASR would require microbreweries to:
- self-register
- follow standard operational requirements that will mitigate potential impacts on the surrounding community from air emissions and nuisance odour, noise and dust
The ministry is also proposing to exempt nanobreweries from self-registration requirements as their low level of beer production is expected to comply with ministry emission limits. A Best Management Practices (BMP) document would inform nanobreweries on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts on the surrounding community.
This proposed approach:
- reduces burden and cost on microbreweries and nanobreweries
- aligns with ministry oversight that is proportional with potential risks to the environment and human health
Additionally, the ministry is proposing to clarify that the current exemption to commercially produce beer without requiring an environmental permission or self-register exclusively applies to brew pubs.
Discussion paper and best management practices document
The ministry has included a discussion paper as part of this ERO proposal posting to support the proposal to streamline environmental permissions for microbreweries and nanobreweries through self-registration and exemptions. This discussion paper includes the full list of proposed eligibility and operational requirements for an EASR specific to microbreweries and conditions related to the proposed exemption for nanobreweries.
Also included in this proposal is a best management practices (BMP) document to support nanobreweries in making decisions on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts from the facility on the surrounding community. The BMP document will also inform on practices that can be followed should a complaint related to nuisance odour, noise and/or dust occur.
Feedback received on the discussion paper and the BMP will be used to develop and finalize:
- an EASR regulation specific to microbreweries
- any regulatory amendments necessary to create the exemption for nanobreweries
- any regulatory amendments necessary to clarify that the current O. Reg. 524/98 exemption to commercially produce beer without requiring an environmental permission or self-registration exclusively applies to brew pubs
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.
Comment
Commenting is now closed.
This consultation was open from December 15, 2021
to January 29, 2022
Connect with us
Contact
Dean Therrien
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
5By email
2By mail
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