Actions in progress

Improve environmental compliance approval application process

Status: Action in progress

What we heard

The environmental compliance approval process has strict requirements that make it difficult for businesses to comply. There is also a perception that businesses do not have equal access to ministry representatives to assist with the approval process.

Our plan

The Ministry of the Environment and Climate Change is continuously looking for opportunities to improve service delivery of environmental permissions, while still protecting the public interest.

To save businesses time and money, the ministry made many low-risk air and noise activities eligible to use the Environmental Activity and Sector Registry in 2017. The online registry process is flexible and requires fewer submission requirements.

Despite this new process, businesses will still be able to request meetings with ministry staff to assist with the Environmental Compliance Approval process.

Improve stormwater pond approval process

Status: Action in progress

What we heard

Stormwater pond requirements under the Environmental Protection Act and the Ontario Water Resources Act are confusing, costly and time consuming—particularly for farmers capturing runoff from greenhouse roofs.

The compliance process can involve multiple government oversight bodies, including provincial, municipal and regional conservation authorities.

Our plan

To reduce compliance costs and help businesses in this sector comply with current requirements, the Ministry of the Environment and Climate Change has:

  • published a guide to stormwater management approvals in November 2016 that more clearly outlines the application process
  • given greenhouse growers a 2-month service guarantee for decisions on Environmental Compliance Approval applications, providing there is no missing information

Streamline noise and odour emissions reporting

Status: Action in progress

What we heard

Environmental requirements for the food industry related to noise and odour emissions are costly and difficult to comply with. There is a “one size fits all” system that appears to be subjectively enforced, based on the neighbouring organizations, businesses, or residences.

Our plan

In 2017, the Ministry of the Environment and Climate Change made many low-risk air activities eligible to use the existing Environmental Activity and Sector Registry (EASR). The ministry also added some activities with certain noise and odour emissions. To use the registry, activities must meet clear assessment and operational requirements based on business sector. The EASR process is flexible, requires fewer submission requirements and saves businesses time and money.

The ministry is also developing tools and guidance that will make odour requirements easier for businesses to comply with.

Facilities that are not eligible to use the registry will be given the opportunity to state their concerns when an odour assessment discussion paper is released later this year.

Streamline painting setup approvals

Status: Action in progress

What we heard

It takes too long to get approval from the Ministry of the Environment and Climate Change for painting setups.

Our plan

The Ministry of the Environment and Climate Change created the Environmental Activity and Sector Registry, an online registry to provide faster approvals for businesses whose ‘low-risk’ activities or sectors qualify. Paint spray booths are one activity that already qualifies.

The ministry added air and noise emissions to the online registry in 2017, saving additional businesses the time and money associated with applying for an Environmental Compliance Approval.

Any applicable facilities in the food processing sector would be eligible to use the new EASR.

Actions tracking

Review data collection process for using well water to water crops

Status: Action tracking

What we heard

Farmers who water their crops with well water must provide the Ministry of the Environment and Climate Change with a lot of detailed information. It is not clear how this information is being used.

Our plan

Those with permits to take water must annually report how much water they took per day through the ministry’s Water Taking and Reporting System.

This data is critical to water quantity management in the province. It supports source water protection initiatives, Great Lakes reporting, policy development and government decisions. It becomes even more important in the days ahead to better understand our vulnerabilities in the face of climate change. To protect the public interest, no additional action will be taken.

The ministry will provide details on how monitoring and reporting of water takings is used by summer 2017.

Review testing requirements for municipal water sources

Status: Action tracking

What we heard

Food processors that use water supplied by local municipalities must test the water prior to use, at a cost to the food processor. Also, meat plants are required to have a dedicated water sampling tap at the facility.

Our plan

The Ontario Ministry of Agriculture, Food and Rural Affairs will review whether current requirements to test municipally supplied water prior to use are necessary for maintaining public health. The ministry will also review requirements for meat plants to have water sampling taps and back-flow prevention devices. The review will be completed in 2017.

Review nutrient management reporting

Status: Action tracking

What we heard

Complying with nutrient management reporting requirements is costly for farmers and dairy processors. The process could be streamlined by reducing the number of nutrients that are sampled and tested and using processor data to monitor these items.

Plus, farmers have to submit a new nutrient management plan every year, even if there are no major changes to their operations, which costs farmers additional time and money.

Our plan

The Nutrient Management Act and its regulations take a risk-based approach to protect surface and ground water from odour, metals and excess nutrients such as phosphorous and nitrogen. The Ministry of the Environment and Climate Change will work with the Ontario Ministry of Agriculture, Food and Rural Affairs to monitor this issue and how it affects stakeholders.

The ministries will jointly review and create new resource materials on nutrient management plan requirements. These materials will explain the reporting process and requirements in a clear and concise manner. This review will be completed by 2018.

MOECC and OMAFRA will also review the frequency requirements for nutrient management plans and strategies to balance the costs to farmers while maintaining environmental protection objectives.

Harmonize requirements for greenhouse gas emissions reporting

Status: Action tracking

What we heard

Greenhouse gas reporting requirements are extensive and time consuming. Greenhouse gas emissions must be reported separately to both the provincial and federal governments too frequently. Similar issues were also raised in the auto parts manufacturing report.

Our plan

Ontario has recently updated reporting requirements to better harmonize its requirements with those in Quebec and California.

A single-window reporting system is currently used by Ontario, the federal government and several other provinces to collect greenhouse gas emissions information required by regulation. Ontario will continue this collaboration to identify opportunities to harmonize reporting requirements through the single window reporting system.

Better communicate service standards and apply rules consistently

Status: Action tracking

What we heard

Government ministries do not have set service standards regarding items such as priority responses, rulings, approvals or customer etiquette. In addition, the Ministry of the Environment and Climate Change staff are perceived to interpret and apply the rules inconsistently.

Our plan

Ontario has established common service standards that ministries must follow so that Ontarians have a better quality experience when interacting with government. Staff of the Ministry of the Environment and Climate Change (MOECC) have received high compliance ratings for prompt responses, rulings and approvals (85%) but recognize there is always room for improvement.

With this goal in mind, MOECC has implemented several changes to reduce the time it takes to give environmental permissions to businesses. The ministry has committed to:

  • reduce – by at least 50% – the time to review air and noise environmental compliance approvals by fall 2017
  • make decisions on higher-risk environmental compliance approval applications received after 2017 within one year
  • set an appropriate performance measure for meeting the one-year service standard for applications that are very complex. This one-year standard for complex applications will reduce costs and uncertainty associated with delayed approvals.
  • use the online registration system to handle a new category of activity – air and noise emissions. This means that, effective January 31, 2017, many activities are now eligible for online registration and do not require an Environmental Compliance Approval, which involves a lengthy application and review process.

Review environmental inspection and audit processes

Status: Action tracking

What we heard

Poor documentation of environmental inspections results in more frequent inspections for businesses.

Our plan

Only facilities that pose a higher risk to the environment and/or public health are inspected more frequently. All inspections are recorded in public government databases, and businesses receive a copy of the documentation. However, the Ministry of the Environment and Climate Change does not post detailed inspection findings publicly if we deem the information to be proprietary.

The ministry is redesigning its compliance systems, which will provide an opportunity to review and enhance its internal business processes. The target date for completion is 2019.

No action recommended

Provide notice of offences to operators of shared vehicles

Status: No action recommended

What we heard

Operators of shared vehicles in addition to the registered owner should be able to receive notices of environmental offence.

Our plan

Offence notices are generally given directly to the operator of the vehicle, while the vehicle is in operation.

Section 181 of the Environmental Protection Act contains a clause that allows notice of offences to be given to operators of shared commercial vehicles. Therefore, no further action will be taken.

Review pesticide storage requirements

Status: No action recommended

What we heard

The Ministry of Labour and the Ministry of Environment and Climate Change have duplicate requirements for pesticide storage.

Our plan

The Ministry of Labour and the Ministry of the Environment and Climate Change reviewed this suggestion closely. After a review of current pesticide storage requirements, they have determined that there is little overlap or duplication between current inspection responsibilities.

The ministries and the federal Canadian Food Inspection Agency each have a specific role in addressing how food processors store pesticides, which collectively contributes to protecting humans from the effects of improper pesticide storage. The ministries also have processes in place to notify one another should an inspection uncover an issue that falls within the mandate of the other ministry. To protect the public interest, no action will be taken at this time.