Update Announcement
This notice was updated on July 19, 2023 to inform that the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste is now available at the Ontario.ca website. The link is now included in the ‘supporting materials’ section of this notice.
This consultation was open from:
September 28, 2022
to November 12, 2022
Decision summary
We have made updates to the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste (guidance manual), to support the regulated community in complying with hazardous waste management rules and requirements. The updates align with regulatory changes that take effect January 1, 2023.
Decision details
Ontario is working to ensure that hazardous waste is properly stored, transported, recycled, recovered and disposed by shifting from a primarily paper-based hazardous reporting service to a modern digital one. We have been working with the Resource Productivity and Recovery Authority to create a digital registry for Ontario’s Hazardous Waste Program that meets the needs of businesses. The new Hazardous Waste Program Registry (HWP Registry) opened on November 15, 2022 for generators, carriers and receivers of hazardous and liquid industrial waste to setup their registry accounts, so they are prepared to meet their reporting requirements and begin manifesting on January 1, 2023.
Guidance manual updates
As a next step in our modernization work, we have made updates to the guidance manual. These updates directly align with the regulatory changes that were made earlier to:
- Regulation 347: General – Waste Management under the Environmental Protection Act (019-02332)
- a new regulation, Ontario Regulation 323/22: Subject Waste Program under the Resource Recovery and Circular Economy Act, 2016 (019-02331)
These changes take effect on January 1, 2023.
The updated guidance manual outlines:
- Ontario’s hazardous waste management rules and requirements for generators, carriers and receivers of subject waste
- obligations that are not specified in Regulation 347, such as specific information the regulated community must submit to comply with various reporting obligations
We considered the comments and feedback we received in updating the guidance manual.
Effects of consultation
Summary of feedback received
We reviewed and considered the three comments received on the proposed updated guidance manual.
The comments received were related to delegating registration and reporting, and the requirements of the written agreement pertaining to this delegation.
One comment also included recommendations for further regulatory changes to Regulation 347: General – Waste Management under the Environmental Protection Act (EPA).
Summary of, and responses to, the comments are as follows:
Delegating registration and reporting
Recommendation: requesting that requirements for delegating registration and reporting be updated to include responsibilities and accountability for the third-party within the written agreement to mitigate and aid in dispute resolution.
Response: When choosing to use a delegate, a generator must authorize in writing the delegate to register and report on behalf of the generator in order to use the registry. A written agreement between both parties must comply with any requirements set out in the guidance manual.
Both the generator and the delegate are required to keep a copy of the written agreement for the entire duration of the agreement, and for at least two years after the agreement has ended.
The regulation states that the generator remains responsible for meeting their requirements under the regulation, including requirements to report and ensure the accuracy of all information submitted through the registry by a delegate on the generator’s behalf. The guidance manual states that the authorization must include a statement that the generator is aware that they remain responsible for meeting these requirements.
The regulatory amendment provides flexibility for businesses (waste generators) to comply with the program requirements and ensure that the most knowledgeable individuals are able to act on behalf of a business, should it be requested, while ensuring that everyone is aware of their responsibilities.
Recommendation: requesting that the ministry develop written agreement templates for both partial and full delegation of registration and reporting to ensure standardization and consistency across the province.
Response: the updated guidance manual outlines specific information for the written agreement. As there are different approaches to this delegation relationship, no template has been developed which provides greater flexibility for businesses.
Other recommendations
Recommendation: as it relates to small quantity generators:
- increase to - or exemption from - maximum allowable limits for the storage of hazardous waste
- extension of timeline for the storage of hazardous waste set out in regulation to reduce fees related to transporting and disposing hazardous waste
Response: There already are no maximum allowable limits set out in regulation or referenced in the guidance manual.
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.
40 St Clair Avenue West
4th Floor
Toronto,
ON
M4V 1M2
Canada
Connect with us
Contact
Elizabeth Soares
40 St Clair Avenue West
4th Floor
Toronto,
ON
M4V 1M2
Canada
Original proposal
Proposal details
Guidance material updates
To support the transition of the delivery of hazardous waste digital reporting services to the Resource Productivity and Recovery Authority, we made the following regulatory changes:
- amendments to Regulation 347: General – Waste Management under the Environmental Protection Act
- a new regulation, Regulation 323/22: Subject Waste Program under the Resource Recovery and Circular Economy Act, 2016
These changes take effect on January 1, 2023.
As a next step in our modernization work, we are proposing updates to the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste (guidance manual). These updates directly align with the regulatory changes to O. Reg 347 and O. Reg 323/22.
The guidance manual outlines:
- Ontario’s hazardous waste management rules and the requirements for generators, carriers and receivers of subject waste
- obligations that are not specified in Regulation 347 (e.g. the specifics of what information the regulated community must submit to comply with various reporting obligations)
Some key proposed updates to the guidance manual to align with recent regulatory changes include:
- removing references to the existing Hazardous Waste Information Network (HWIN)
- clarifying that report submissions will now be to RPRA through the new Hazardous Waste Program Registry
- outlining factors that may be considered by the ministry when determining whether ‘undue hardship’ exists
- outlining requirements for the written agreement for authorizing delegates to report on behalf of generators of hazardous waste
- reflecting changes made in May 2021 to make it easier for businesses to participate in the Provincial Antigen Screening Program. The changes exempted waste from COVID-19 antigen point-of-care testing from certain regulatory requirements, such as registration, manifesting and specific management requirements that apply to hazardous waste while still requiring that the waste be safely disposed
- outlining updated requirements for short term storage notices as part of the registration process
We will consider feedback we received in the final guidance manual.
Analysis of regulatory impact
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 a primarily paper-based reporting service to a modern digital service.
The proposed changes to the guidance manual in combination with the changes that have been made to Regulation 347, to Regulation 323/22, and combined with the modern digital reporting service with mobile capability, will 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.
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.
40 St Clair Avenue West
4th Floor
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from September 28, 2022
to November 12, 2022
Connect with us
Contact
Jamie Haldenby
40 St Clair Avenue West
4th Floor
Toronto,
ON
M4V 1M2
Canada
Comments received
Through the registry
2By email
1By mail
0