O. Reg. 295/18: GENERAL

 

ontario regulation 295/18

made under the

Toxics Reduction Act, 2009

Made: April 18, 2018
Filed: April 23, 2018
Published on e-Laws: April 23, 2018
Printed in The Ontario Gazette: May 12, 2018

Amending O. Reg. 455/09

(GENERAL)

1. Subsection 1 (1) of Ontario Regulation 455/09 is amended by adding the following definition:

“NPRI compliance date” means, in respect of a calendar year, the date by which the information required under the NPRI Notice for that calendar year must be provided to the minister of the Crown in right of Canada who is responsible for section 46 of the Canadian Environmental Protection Act, 1999;

2. (1) Clause 9 (2) (b) of the Regulation is amended by striking out “June 1 in the year” in the portion before subclause (i) and substituting “the NPRI compliance date, subject to subsection 30.1 (1), in the year”.

(2) Section 9 of the Regulation is amended by adding the following subsection:

(8) For the purposes of subsection (7), a signature in a certification may be redacted and replaced with an indication that the original was signed.

3. Section 11.0.1 of the Regulation is revoked.

4. Subsection 11.1 (2) of the Regulation is revoked.

5. (1) Subsection 11.2 (2) of the Regulation is amended by striking out “June 1 in the year” in the portion before clause (a) and substituting “the NPRI compliance date, subject to subsection 30.1 (1), in the year”.

(2) Section 11.2 of the Regulation is amended by adding the following subsection:

(5) For the purposes of subsection (4), a signature in a certification may be redacted and replaced with an indication that the original was signed.

6. Section 15.1 of the Regulation is amended by striking out “June 1 in that year” at the end and substituting “the NPRI compliance date, subject to subsection 30.1 (1), in that year”.

7. Paragraphs 6, 12 and 13 of subsection 18 (2) of the Regulation are revoked and the following substituted:

6. The six-digit NAICS Canada code for the facility.

. . . . .

12. The email address of each person mentioned in paragraphs 7, 8, 9, 10 and 11.

. . . . .

13. The spatial coordinates of the facility expressed as latitude and longitude.

8. Subclause 18.1 (b) (i) of the Regulation is amended by striking out “sections 12 and 12.1” and substituting “paragraphs 12.1 and 12.2 of subsection 18 (2)”.

9. Subsections 21 (1) and (2) of the Regulation are revoked and the following substituted:

When review must be conducted

(1) For the purposes of conducting a review of the current version of a toxic substance reduction plan under section 7 of the Act, the owner and the operator of a facility shall,

(a) if the plan is required to be prepared on or before December 31, 2018, ensure that the plan is reviewed during 2019, during 2023 and during each subsequent fifth calendar year;

(b) if the plan is required to be prepared during the period beginning on January 1, 2019 and ending on December 31, 2022, ensure that the plan is reviewed during 2023 and during each subsequent fifth calendar year; or

(c) if the plan is required to be prepared on or after December 31, 2023, ensure that the plan is reviewed during the calendar year determined in accordance with subsection (2) and during each subsequent fifth calendar year.

(2) For the purposes of clause (1) (c), the first calendar year during which the plan is required to be reviewed shall be determined by applying the following equation:

2023 + 5 (x + 1)

where,

x = (y – 2023)/5, rounded down to the nearest whole number, and

y = the year in which the plan was required to be prepared.

10. Subsection 22 (2) of the Regulation is revoked.

11. (1) Subsection 23 (2) of the Regulation is amended by striking out “upon written request” at the end of the portion before clause (a) and substituting “upon written request, subject to subsection 30.1 (2)”.

(2) Subsection 23 (3) of the Regulation is amended by striking out “on the day” and substituting “no later than five days after the day”.

(3) Section 23 of the Regulation is amended by adding the following subsection:

(4) The owner and the operator of a facility shall ensure that the summary remains available to the public on the Internet until a summary of a new version of the plan is made available to the public on the Internet under this section.

12. Section 24 of the Regulation is amended by adding the following subsection:

(4) A signature in a copy of a certification that is included in a summary of a toxic substance reduction plan may be redacted and replaced with an indication that the original was signed.

13. Subsection 25 (1) of the Regulation is amended by striking out “June 1 in each year commencing in 2011” in the portion before clause (a) and substituting “the NPRI compliance date, subject to subsection 30.1 (1), in each year”.

14. Subsection 26 (2.1) of the Regulation is revoked.

15. (1) Subsection 27 (1) of the Regulation is amended by striking out “is made available to the public on the Internet and given to a member of the public upon written request” in the portion before paragraph 1 and substituting “is given to a member of the public upon written request and, on or before December 31 of the year in which the report is required to be prepared, made available to the public on the Internet”.

(2) Paragraph 8 of subsection 27 (1) of the Regulation is revoked and the following substituted:

8. A copy of the certification prepared in respect of the report under subsection 26 (3) or (4). A signature in the copy may be redacted and replaced with an indication that the original was signed.

(3) Subsection 27 (4) of the Regulation is amended by striking out “on the day” and substituting “no later than five days after the day”.

(4) Subsection 27 (5) of the Regulation is revoked and the following substituted:

(5) The owner and the operator of a facility shall ensure that the information set out in subsection (1) in respect of a report remains available to the public on the Internet until information set out in subsection (1) in respect of a subsequent report is made available to the public on the Internet under this section.

(6) The Director may, for the purposes of subsection 10 (5) of the Act, make available to the public some or all of the information set out in subsection (1) by,

(a) posting it on the Internet; and

(b) giving it to a member of the public, upon written request.

16. Section 30 of the Regulation is revoked and the following substituted:

Electronic filing

30. If the Act or this Regulation requires or permits the submission to the Director or the giving to the Director of a summary, notice, record or report, the summary, notice, record or report must be in an electronic form provided by or approved by the Director.

Extensions of time

30.1 (1) The due date in respect of a calendar year for submitting a record under clause 9 (2) (b), for submitting a record under subsection 11.2 (2) and for giving a report under clause 25 (1) (b) is extended for an owner and an operator who was granted an extension under subsection 46 (6) of the Canadian Environmental Protection Act, 1999 in respect of that calendar year to the date to which they were granted the extension if all of the following conditions are met:

1. The owner or the operator of the facility emails the Director a copy of a document from the minister of the Crown in right of Canada who is responsible for subsection 46 (6) of the Canadian Environmental Protection Act, 1999.

2. The document referred to in paragraph 1 shows that the extension was granted to the owner and the operator of the facility.

3. The document referred to in paragraph 1 shows the date to which the extension was granted.

4. The email is sent on or before the date on which the record or report would otherwise be due.

(2) The Director may extend the due date under subsection 23 (2) for the owner and the operator of a facility to ensure that a summary is given to the Director, made available to the public on the Internet and given to a member of the public upon written request, if all of the following conditions are met:

1. The provider of the electronic form referred to in section 30 is experiencing technical difficulties in providing the form.

2. The technical difficulties prevent the owner and the operator from giving the summary to the Director on or before the due date.

3. The owner or the operator requests the extension in writing on or before the due date.

4. The request explains how the technical difficulties prevent the owner and the operator from giving the summary to the Director on or before the due date.

5. The request includes whatever information is available from the provider of the form about when the technical difficulties will be resolved.

(3) There is no limit on how many extensions may be received under this section.

Commencement

17. This Regulation comes into force on the day it is filed.