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Opportunities: Environment
Actions in progress
Update Municipal Industrial Strategy for Abatement regulations to create a level playing field and align with modern business practices
Status: Action in progress
What we heard
There is a perception of an “uneven playing field” between older businesses and those established after the mid-1990s as they are subject to different regulatory requirements depending on the age of the facility. Additionally, technology and processes required for analyzing water discharge requirements are not aligned with modern business practices and technologies, thus slowing production and increasing costs.
Our plan
The Ministry of the Environment and Climate Change is committed to modernizing the regulatory environment to reduce the administrative burden, create more fairness and lower the cost of doing business.
The Ministry of the Environment and Climate Change supports taking a holistic, consultative approach to any potential regulatory amendments and is committed to review the Municipal Industrial Strategy for Abatement regulations in the medium term.
Align Waste and Packaging Reduction Plans and Audits requirements with industry standards to allow an alternative reporting requirement
Status: Action in progress
What we heard
The requirements imposed by both Waste and Packaging Reduction Plans and Audits are seen by industry as duplicative of existing industry best practices (e.g., Responsible Care and/or ISO 14001 certification). For companies that are already certified under these standards, the Waste Reduction Plans and Audits are considered an additional, time-consuming process that does not provide benefit to the organization or the environment.
Our plan
As part of Ontario’s Strategy for a Waste-Free Ontario: Building a Circular Economy, the Ministry of the Environment and Climate Change is committed to reviewing regulations, including the Waste Audits and Waste Reduction Work Plans, to increase resource recovery across all sectors. A stakeholder working group will be established in late 2018 to provide advice on the regulatory amendments.
Work with federal partners to upgrade the Single Window Information Manager (SWIM) reporting system
Status: Action in progress
What we heard
The Single Window Information Manager reporting system used by companies for reporting Toxic Reduction Act (TRA) information does not facilitate the easy uploading of information from a standardized form, making it non-user friendly. It is cumbersome for companies to spend time (and money) to input TRA data after having already calculated the required reporting figures.
Our plan
A helpdesk for the Toxic Reduction Program is also available by phone at 1-855-815-6400 or 416-649-4480, or by email at ToxicsRe@ontario.ca for any specific inquiries or suggested improvements to the system.
The Single Window Information System is operated by Environment and Climate Change Canada. Each year, the Ministry of the Environment and Climate Change works closely with the federal government to consider recommended changes and respond to feedback from the regulated community.
Increase the availability of Toxic Reduction planner training programs and improve communications about existing programs
Status: Action in progress
What we heard
Obtaining the credits required to maintain the toxic planner certification is challenging because of the complexity of the program and inadequate training opportunities.
Our plan
The Ministry of the Environment and Climate Change is in the process of updating the training and guidance materials for toxic reduction planners and regulated facilities to make them more user-friendly and helpful.
To date, the ministry has trained and licensed 295 toxic reduction planners, helping businesses avoid and reduce the use and creation of toxic substances during operations. The ministry will provide information to planners on potential training opportunities in the near future.
Communicate the dangers posed by cosmetic pesticide use, while ensuring that unlicensed landscapers are subject to appropriate enforcement
Status: Action in progress
What we heard
There are concerns with the effectiveness of the ban of cosmetic pesticides and how it is seen to be unevenly enforced which results in the continued widespread use of pesticides by unlicensed landscapers and homeowners. This puts businesses that comply with licensing requirements and invest in staff training at a competitive disadvantage compared to those that operate outside of the licensing regime.
Our plan
Ontario banned the use of Class 9 pesticides for cosmetic use such as killing weeds and insects because they pose an unnecessary risk to human health. The Ministry of the Environment and Climate Change (MOECC) provides information online about what pesticides can and can’t be used and has thorough enforcement and compliance measures in place to prevent the misuse of these cosmetic pesticides.
MOECC encourages landscapers to report all suspected non-compliance through our Spills Action Centre by telephone at 1-800-268-6060. The ministry responds to the reported inquires, completing more than 250 inspections each year. Over the last five years, there have been 122 violations resulting in charges and convictions.
The ministry will continue to deliver on these compliance activities, including working with Canada Border Services Agency and Health Canada to prevent illegal pesticides entering Ontario.
Actions tracking
Continue efforts to ensure changes to federal Environmental Emergency regulations do not negatively impact Ontario businesses
Status: Action tracking
What we heard
There is concern that a potential update to the Environmental Emergency regulations of the federal government will reduce the level of integration currently in place between the two levels of government.
Our plan
The Ministry of the Environment and Climate Change takes a proactive and collaborative approach to protecting land, air and water from spills and environmental emergencies. Ensuring timely action is critical to protecting Ontario communities, the environment, human health and the economy.
Once the federal Environmental Emergency regulations are finalized, Ontario will continue working with the federal government to ensure continued efficiency in environmental emergency planning and response.
Since 2010, Ontario and the federal government have used the Spills Action Centre as the one window for reporting spills and other environmental occurrences in Ontario.
The ministry works with partner agencies through the Canada-Ontario Agreement, the Canada-U.S. Great Lakes Water Quality Agreement and agreements with Quebec and Michigan to protect shared land, air and water resources. An agreement with New York is also under development to track and report in real time on wastewater bypasses and overflows.
Support organizations as they work to implement the provincial cap and trade program
Status: Action tracking
What we heard
Greater assistance (both interactive training and monetary) should be provided for companies.
Our plan
All regulated facilities are encouraged to visit the cap and trade website, which includes guidance materials on program registration and auction. The online helpdesk is also available for additional information and technical support, or stakeholders can call the toll-free number for questions specific to the cap and trade program. Training webinars and regular email reminders about important program deadlines will continue to be provided and guidance materials will be updated when necessary.
Ontario’s cap and trade program is the most effective and affordable way to lower greenhouse gas emissions while giving businesses certainty and maximum flexibility in choosing their compliance path. The Ministry of the Environment and Climate Change will continue to consult with industry representatives and facilities during the implementation, continued operation and development of the program.
Work with federal partners to ensure alignment in Greenhouse Gas (GHG) reporting requirements
Status: Action tracking
What we heard
Ontario should align its cap and trade program and GHG reporting requirements with federal government requirements.
Our plan
The federal government’s single-window reporting system is used by Ontario and several other provinces to collect regulated greenhouse gas emissions information. There is no duplication in reporting requirements.
Ontario has recently updated reporting requirements to better harmonize with Quebec and California to support linking Ontario’s cap and trade program as part of the Western Climate Initiative.
The Ministry of the Environment and Climate Change is also participating in a Canadian Council of Ministers of the Environment project to identify additional opportunities to harmonize reporting requirements across federal and provincial jurisdictions.
Implement an electronic waste manifest system for the transportation of hazardous and liquid industrial wastes
Status: Action tracking
What we heard
The process for documenting waste transfers (i.e., waste manifests) is overly paper-based, burdensome, and results in a time consuming process that is difficult to amend when needed. Some requirements associated with the current standards are also seen as duplicative of the federal government’s Waste Manifest requirements, requiring the production of two forms with the same information.
Our plan
Ontario is committed to providing faster, smarter government-to-business services while protecting the environment. The Ministry of the Environment and Climate Change (MOECC) is working with the hazardous waste regulated community to improve the existing Hazardous Waste Information Network. The new service will include fully electronic submission to reduce administrative burden.
Modernizing the way waste is managed will meet the needs of businesses by offering an online, one-window service and ensure a level playing field for all businesses in the industry.
Develop an Environmental Compliance Approval timeline service standard for complex approvals and new capital investments
Status: Action tracking
What we heard
Environmental Compliance Approvals (ECAs) for projects involving new capital investments, job creation and retention, and improved environmental performance are not prioritized in the ECA review process, which creates delayed timelines. It is viewed by industry as an impediment to growth, expansion and new investment in Ontario production facilities.
Our plan
As of January 1, 2018, the Ministry of the Environment and Climate Change (MOECC) has also developed a one-year service standard for more complex environmental compliance approval applications. An applicant can also request that review of an ECA application be prioritized by emailing moeccpermissions@ontario.ca.
To respond to business needs while maintaining environmental protection, MOECC is modernizing environmental approvals by building on a leading-edge, risk-based approvals approach. In the past year, the ministry has modernized and simplified the approvals process for less complex facilities with air and noise emissions, reducing the number of applications received for air and noise environmental compliance approvals by 55 per cent and reducing the review time from 720 to 350 days.
MOECC continues to investigate options for future Environmental Activity and Sector Registry candidates, and move paper-based permissions to an electronic service delivery.
Consider changing air pollution reporting requirements to include all forms of pollution
Status: Actions tracking
What we heard
Air pollution timelines are seen as being insufficient and not properly enforced, potentially leading to unsafe air quality for workers and residents.
Air pollution emissions are not always reported on appropriately, specifically including spills and accidents related to paint cans. This is evident where a company has a discrepancy between what it orders and what it reports having used.
Our plan
Any facility releasing pollutants into the air is required to report regularly to the Ministry of the Environment and Climate Change (MOECC) on emission data. Spills to the air are required by law to be immediately reported to the ministry’s Spills Action Centre.
MOECC is currently undertaking a review of the internal business processes that support its environmental compliance program. This review will consider whether digital reporting of spill events could complement the important functions already performed by the province’s Spills Action Centre.
Air quality has been steadily improving in Ontario for many common air pollutants over the past 10 years and emissions of air pollutants continue to decrease.
Engage with industry to identify the challenges outlined in the Waste Free Ontario Act and consider alternative paths to compliance
Status: Action tracking
What we heard
The new Waste Free Ontario Act creates a costlier compliance and enforcement regime that is overly prescriptive and does not cap costs. Other jurisdictions like B.C. are reducing regulatory burdens while achieving more efficient resource recovery. New powers under the Act permit the Minister and the Lieutenant Governor in Council (LGIC) to amend legislation and regulations in the “provincial interest,” which increases uncertainty and the potential for further red tape on industry.
Our plan
Ontario completely revamped its waste diversion system in 2016 to move towards a zero-waste future. The new system does not require producers to pay environmental fees. Instead, producers are responsible for reducing, recycling or safely disposing of the goods and packaging they market. New regulations under the Resource Recovery and Circular Economy Act will be developed as part of transitioning the existing waste diversion programs.
Stakeholders will be able to have their say on how materials will be regulated when Ontario conducts consultations.
Streamline the Endangered Species review process
Status: Actions tracking
What we heard
The species at risk review process can result in project delays. Consider the approach of other jurisdictions that develop a menu of common species at risk issues and standardized remediation options to streamline the process and provide greater certainty to businesses.
Our plan
In July 2013, the Ministry of Natural Resources and Forestry (MNRF) made a number of regulatory amendments under the Endangered Species Act (ESA) to reduce administrative burden and improve service delivery. A person may now be exempted from certain ESA permit requirements for some activities as long they register their activity with the ministry and follow rules set out in regulation.
MNRF will continue to identify opportunities for using a risk-based approach to implementing the ESA, and will also continue to support proponent-led assessments of species at risk requirements early in the review process to facilitate timely approvals.
For example, MNRF aims to make all decisions on overall benefit permit applications related to the ESA within three months of receiving complete submissions. The overall benefit permit authorizes a person, company or organization to perform an activity, as long as they provide an overall benefit to the species in Ontario
The ministry has a public website with information on species, the permit and registration processes as well as a policy and best management guidance documents.
No action recommended
Align Ontario’s Toxic Reduction Act requirements with the Chemistry Industry Association of Canada’s Responsible Care program
Status: No action recommended
What we heard
The Toxic Reduction Act (TRA) requirements are viewed as duplicative of existing industry best practices (e.g., the Chemistry Industry Association of Canada (CIAC)’s Responsible Care program), and require frequent reporting even when no operational amendments have been made.
Our plan
The list of substances under the TRA and National Pollutant Release Inventory are aligned. As a result, the TRA uses the Federal Single Window reporting system to minimize duplication. While the province recognizes the value of the Responsible Care program as an environmental management system, it serves a different purpose than Ontario’s Toxic Reduction program, which works to reduce the use of specific substances.
Review the application of the Toxic Reduction Act (TRA) to feedstock and final products, and identify opportunities for improved harmonization with federal requirements
Status: No action recommended
What we heard
The TRA is a provincial rule, while the National Pollutant Release Inventory (NPRI) is a federal requirement. The two are similar but not the same. Companies operating in Ontario are required to meet both. The challenge is that they are not always aligned.
Complying with The Toxic Reduction Act (TRA) involves reporting on:
- Non-toxic substances
- Substances that cannot be reduced, eliminated, or in some cases accounted for during the production of final products, because they are naturally occurring, are final products, or are part of the feedstock.
The TRA also uses the federal NPRI, which requires companies to report on a broader list of substances than those that have been deemed toxic.
Our plan
Ontario is committed to reducing the use, creation and emission of toxic substances into our air, land and water. Regulated facilities can propose to have a toxic substance removed from the prescribed toxic substances under the Toxics Reduction Act through the living list process.
The province is linked with the NPRI through a single window reporting system. Toxic substances and reporting on these toxic substances are aligned with the NPRI system.
Review air emissions requirements in light of new technologies and policy
Status: No action recommended
What we heard
There is a perception that emissions requirements are too lax for businesses, leading to a negative impact on the environment.
Our plan
Air quality has been steadily improving in Ontario for many common air pollutants over the past 10 years and emissions of air pollutants continue to decrease. Since 2008, Ontario has updated or set 68 new air standards.
The Ministry of the Environment and Climate Change also sets health protective air standards for industrial facilities. These site-specific standard and technical standard compliance options include consideration of economic and technological factors and require facilities to consider the use of best available control technologies and operational practices.
The ministry recently modernized and simplified the approvals process for lower-risk facilities by allowing them to register their activities related to air, noise and odour emissions in the province’s Environmental Activity and Sector Registry (EASR).
The EASR supports Ontario businesses by requiring them to register eligible activities online, making complying with environmental regulations simpler, faster and more cost effective.
Engage with industry to identify alternative tire disposal techniques that maintain government environmental commitments
Status: No action recommended
What we heard
Current restrictions on the burning of tires to recover energy from waste are seen as an unnecessary burden that costs businesses millions of dollars each year in proper handling, shipping, and disposal fees and may create greater environmental costs than the alternative.
Our plan
Burning tires and other waste in Ontario is restricted under the Environmental Protection Act as it is harmful to the environment and human health. Ontario has a successful framework in place to safely recycle tires and recover resources, and is not considering lifting these restrictions at this time.
Review the Endangered Species Act (ESA) to ensure that at-risk animal populations are properly protected
Status: No action recommended
What we heard
The Endangered Species Act is seen as being too lax to properly support threatened ecosystems and creatures as the environment continues to change
Our plan
Under the ESA, endangered and threatened species and their habitats are automatically protected.
Ministry of Natural Resources and Forestry (MNRF) continues to work with proponents to change the design, location, and timing of projects to avoid impacts to species at risk.
MNRF continues to enhance the tools available by developing guidance materials on best management practices and habitat identification.
MNRF continues to develop protection and recovery policy direction for each species at risk in accordance with the ESA, based on the best available information and through robust processes of public engagement and consultation.