8. Registration and reporting submissions — Undue hardship (section 27.1 of Regulation 347)
All registration and reporting requirements are required to be submitted through the Registry electronically. However, if complying with requirements to submit through the Registry would impose undue hardship on the person, they can apply to the Director for approval to satisfy registration or reporting requirements by using a paper document.
Before applying to the Director for approval, first consider having a delegate register and report through the Registry on your behalf.
The list below is a non-exhaustive list of factors that may be considered by the Director in determining whether undue hardship exists:
- protected grounds under the Human Rights Code, and
- exceptional circumstances that result in severe, non-temporary, and unusual disruption in operations
Please submit your request for the Director to:
HazardousWasteProgram@ontario.ca
or to the following mailing address
Environmental Monitoring and Reporting Branch, Area "M"
Ontario Ministry of the Environment, Conservation and Parks
135 St. Clair Avenue West
Toronto ON M4V 1P5
Note: If a person intends to make a request that is in combination with a emergency generator number provided by Spills Action Centre, the request should be made to the Spills Action Centre Environmental Officer who is receiving the emergency report and issuing the Emergency Generator Number.
A request for undue hardship should include the following information:
- contact information for the individual submitting the request, including name, phone number and email address
- the generator number(s) if already registered and details of the waste generation facility(ies) which the application is being submitted for
- a detailed factual description of the factors resulting in an undue hardship, including efforts to mitigate the circumstances
- a statement that the generator has considered and is not able to have a delegate report through the electronic registry on their behalf, and an explanation why
- time-period that the circumstances of undue hardship are expected to last
The Ministry will contact you if there is a need for additional information as a part of the request.
Please note that the use of paper documents for submissions will likely delay a generator’s ability to ship waste off site. From the time that the paper document is received by the Ministry, it may take up to 6 weeks to have the Generator Registration Document posted on the Registry. Generators should plan for this in determining their waste management strategy.
If approved, the Ministry will contact you with the details of the approval and guidance on how to submit paper reports in place of submitting through the Registry. Additional information is also listed below. Paper forms submitted to the Ministry without the approval of the Director will not be accepted by the Ministry.
Please also note that a generator who is approved to submit paper documents and requires a generator registration, is not a registered generator until a Generator Registration Document is posted on the Registry. A carrier cannot transfer subject waste using a paper manifest from a generator that is required to complete a generator registration report until the generator registration document is posted on the Registry.
Paper documents are to be submitted to the Director. The Director will then submit the information contained in the forms into the Registry on behalf of the regulated person.
Before submitting any paper form, you must certify the form with the name of the individual submitting the information, that this individual is authorized to provide the information and that all information submitted is accurate. The certified person must also sign the forms.
A generator who submits paper documents must pay any applicable fees directly to RPRA.
8.1 Instructions for submitting paper reports and registration
8.1.1 Generator registration report
A copy of the GRR is available for download from the Government of Ontario Central Forms Repository. Please use this report to submit:
- an initial generator registration report
- a supplementary generator registration report (revision to your registration)
Please see the section 3. How to submit a generator registration report for guidance on the information required in the GRR. Please note that if an LDR Notification Form is required, a paper copy is required to be sent to the receiver with the first load or before the first load is shipped.
Information on completing registration using the paper form is provided below. If there is any change to the information contained in the GRR, a supplemental GRR must be submitted within 15 days of the change.
8.1.1.1 Initial generator registration report
If you are submitting your GRR for an Ontario facility and it is the first GRR for the facility, a generator registration number will be issued by the Registry after the Director has entered the information contained in the paper GRR into the Registry on behalf of the Generator.
Applicants located outside Ontario should enter the site identification/registration number assigned by their provincial/state environmental authority, or other number issued by the government of their local jurisdiction, if appropriate. For these applicants, the GRR cannot be processed without a number.
For an initial GRR, all sections of the report must be completed. The paper GRR must contain all the information that is required to be electronically submitted under Part 3 of this Manual.
8.1.1.2 Supplementary generator registration report (revision)
If you are submitting a supplemental GRR please enter your generator registration number on the document as well as the revision to existing information or additional information that you are required to provide.
8.1.1.3 Waste identification
Please see the list of information in section 3.1.2. Waste identification of this Manual for a list of the information required to be included in the GRR.
8.1.1.4 LDR notification form
In addition to providing all the LDR information required under Section 3 of this Manual a generator also must complete a paper LDR Notification Form for each waste stream. This notification form is integrated into the electronic Registry but must be completed separately if using paper.
The Registry’s LDR Notification Form can be used to meet the LDR requirement to notify the receiver of information about the hazardous waste. However, when you are completing a paper form of the GRR you need to provide some additional information in the LDR Notification Form that links this form to the information in the Generator Identification and Waste Identification sections of the GRR. Each LDR Notification Form completed must be dated and include your Generator Registration Number (if this is an initial GRR the number will be available once the GRR is entered into the Registry), and the waste number (class and characterization) and waste description from the Waste Identification section.
To meet LDR notification requirements, please make a copy of the LDR Notification Form and send it to the receiver of the waste on or before the first waste shipment. If there is a change in the characterization of the waste or information related to the LDR reporting and notification requirements, you will need to revise the LDR Notification Form, notify the receiver of the change, and complete a supplemental GRR. The LDR Notification Form must therefore always be dated, to distinguish it from any previous notification forms relating to the waste stream.
8.1.1.5 Record keeping
A copy of all GRRs and supplemental GRRs submitted must be kept at the waste generation facility for at least 2 years from the time of submission.
8.1.2 Notice of on-site storage for a period of more than 90 days
The information required in the paper notice is the same as the information required in the electronic notice submitted through the Registry. See section 4. Notice of on-site storage for a period of more than 90 days for more information. A copy of this form is available for download from the Government of Ontario Central Forms Repository.
For each subject waste being stored, a separate paper notice can be submitted at any time once subject waste is being stored but must be submitted to the Ministry within 5 days of the waste being stored for 90 days at the latest. A record of the information submitted to the Director must be retained at the location where the waste is being stored and kept for at least two years after the waste is no longer stored.
8.1.3 Manifest
If a request to use paper manifests is approved, the Ministry will provide paper manifests with the approval.
Please note that if a person is approved to submit paper manifests instead of through the Registry, all parties involved in the manifests (for example, generator, carrier and receiver) must only use paper. Manifests can not be submitted partially on paper and partially through the Registry.
When using a paper manifest, the generator must ensure that six (6) copies of the manifest are made and distributed appropriately and that each manifest for each shipment has a unique identification number on it that is included in all six copies of that manifest.
Generators, carriers and receivers must provide the following information when completing the paper manifest.
8.1.3.1 Generator manifest information
- Identify the company name, the Ontario generator registration number, business (mailing) address, the telephone number for the generator and the address from which the waste is being shipped.
- Identify the company name, receiver number (Ontario ECA number or number issued by local jurisdiction if outside of Ontario), business (mailing) address, email address, and telephone number for the intended receiver and the address of the site that is intended to receive the waste.
- Identify the provincial waste code for each waste (i.e., the waste number which consists of the three-digit number (Ontario waste class) plus a single letter (waste characterization), for example, 263A).
- Identify the quantity of waste being shipped and the units of measurement (in kg or litres) of each waste listed.
- Identify the physical state of each waste listed (i.e., solid, liquid or gas).
- Print the generator’s name and telephone number and sign the form to certify that the information provided is correct and complete.
8.1.3.2 Carrier manifest information
- Identify the company name, Ontario ECA number, business (mailing) address, and the carrier’s telephone number.
- As necessary, identify the vehicle, trailer license number and province or territory of registration for each trailer or car being used to transport the waste. Please include both the vehicle and the trailer license numbers.
- The carrier’s authorized representative must print his/her name and telephone number and sign the form to certify that the wastes described by the generator have been received for delivery to the intended receiver.
8.1.3.3 Receiver manifest information
- Identify the company name, the receiver number (Ontario ECA number or number issued by local jurisdiction if outside of Ontario), business (mailing) address, and telephone number of the receiver and the address of the site receiving the waste.
- Identify the date and time that the shipment of waste is received at the receiving site.
- Identify the quantity of each waste received and the units of measurement (in kg or litres).
- If the quantity of wastes received is significantly different than the recorded quantity being shipped that was noted by the generator, the receiver may provide a comment to explain the difference.
- Enter the handling code for each waste to identify the waste management activities used by the receiver of the manifest. Choose one of the following handling codes for each waste listed on the manifest:
- 01 storage
- 02 thermal treatment
- 03 chemical treatment
- 04 physical treatment
- 05 biological treatment
- 06 secure landfill
- 07 recycling
- 08 solidification
- 09 other [please specify]
If a waste will be handled by a series of methods at a receiving facility, the final method of handling at the receiver’s location should be entered. For example, at a facility where the waste is first stored or processed before secure landfilling, the 06 code for secure landfill should be used. For waste that is shipped to a transfer station where no processing will occur, the most appropriate handling code is the 01 code for storage. Please note that the handling code is not the code for any treatment or disposal that may occur at a facility to which the waste is transferred on a subsequent manifest.
- For each waste listed, please indicate whether or not the shipment was accepted or refused.
- The receiver’s authorized representative must print his/her name and telephone number and sign the form to certify that the information provided is correct and complete.
8.1.3.4 Distribution of the paper manifest
The distribution of the paper manifest throughout the shipment process is explained in detail below, to help clarify the responsibilities of the generator, carrier and receiver with respect to using paper manifests for subject waste shipments within Ontario, from other jurisdictions into Ontario, and from Ontario to other jurisdictions.
8.1.3.4.1 Shipments within Ontario
The responsibilities of the generator, carrier, and receiver with respect to the distribution of the manifest copies and provision of the appropriate copies to the Ministry can be summarized as follows:
- the generator, carrier and receiver must ensure that their respective generator, carrier, and receiver manifest information is completed
- at the time of the transfer the generator shall complete the generator information on the manifest and the carrier shall complete the carrier information on the manifest before the waste leaves the generation facility
- the generator provides one (1) copy of the manifest with generator manifest information and carrier manifest information complete to the director within three (3) days of the transfer
- the generator retains one copy of the manifest with generator manifest information and carrier manifest information complete at the waste generation facility for a period of two (2) years
- the carrier carries four (4) copies of the manifest with the generator manifest information and carrier manifest information completed for transport with the shipment
- upon delivering the shipment to the receiver, the carrier provides all four (4) remaining copies to the receiver’s authorized representative
- the receiver obtains four (4) copies of the manifest from the carrier and completes the receiver information on the manifest
- the receiver retains one (1) copy of the completed manifest for a period of two (2) years
- the receiver provides one (1) copy of the completed manifest to the carrier at the time of the transfer
- the receiver provides one (1) copy of the completed manifest to the generator within three (3) days
- the generator retains the copy of the completed manifest received from the receiver for a period of two (2) years
- the carrier retains the copy of the completed manifest provided by the receiver for a period of two (2) years
- the receiver provides one (1) copy of the completed manifest to the director within three (3) days of the transfer
- the generator shall, within four (4) weeks after the transfer, confirm that the waste was delivered to the intended receiver or to another receiver approved to accept the waste, and, if the generator does not confirm the delivery within that period, the generator shall, within six (6) weeks after the transfer, notify the director in writing that the delivery has not been confirmed
Dust suppression
Every carrier who is the operator of a waste transportation system that is subject to an environmental compliance approval to operate as a dust suppression waste management system may deposit for the purpose of dust suppression, in accordance with the approval, dust suppressant at a dust suppression site designated in the approval and, where that is done, shall:
- at the time of completion of the deposit, complete receiver information on the manifest
- provide one copy of the completed manifest to the director within three (3) working days after the deposit
- retain one copy of the completed manifest for two (2) years
- provide one copy of the completed manifest to the generator within three (3) days after the deposit
- the generator retains the copy of the completed manifest received from the carrier for a period of two (2) years
- the generator shall, within four (4) weeks after the transfer, confirm that the waste was delivered to the intended receiver or to another receiver approved to accept the waste, and, if the generator does not confirm the delivery within that period, the generator shall, within six (6) weeks after the transfer, notify the director in writing that the delivery has not been confirmed
8.1.3.4.2 Shipments into Ontario from other jurisdictions
No carrier shall bring subject waste into Ontario for purposes of transport to a receiving facility in Ontario unless for each truckload or portion thereof, the carrier has completed the carrier manifest information and provided the manifest to the generator to complete the generator manifest information and the manifest with the generator information and the carrier information completed, accompanies the waste.
The responsibilities of the generator, carrier, and receiver with respect to the distribution of the manifest copies and provision of the appropriate copies to the Ministry can be summarized as follows:
- the generator, carrier and receiver must ensure that their respective generator, carrier, and receiver manifest information is completed
- at the time of the transfer the generator shall complete the generator information on the manifest and the carrier shall complete the carrier information on the manifest before the waste leaves the generation facility
- the carrier provides one (1) copy of the manifest with generator manifest information and carrier manifest information complete to the director within three (3) days of the transfer
- the carrier carries four (4) copies of the manifest with the generator manifest information and carrier manifest information completed for transport with the shipment
- upon delivering the shipment to the receiver, the carrier provides four (4) copies to the receiver’s authorized representative
- the receiver obtains four (4) copies of the manifest from the carrier and completes the receiver information on the manifest
- the receiver retains one (1) copy of the completed manifest for a period of two (2) years
- the receiver provides one (1) copy of the completed manifest to the carrier at the time of the transfer
- the receiver provides one (1) copy of the completed manifest to the generator within three (3) days
- the carrier retains the copy of the completed manifest provided by the receiver for a period of two (2) years
- the receiver provides one (1) copy of the completed manifest to the director within three (3) days of the transfer
- the generator shall, within four (4) weeks after the transfer, confirm that the waste was delivered to the intended receiver or to another receiver approved to accept the waste, and, if the generator does not confirm the delivery within that period, the generator shall, within six (6) weeks after the transfer, notify the director in writing that the delivery has not been confirmed
Dust suppression
Every carrier who is the operator of a waste transportation system that is subject to an environmental compliance approval to operate as a dust suppression waste management system may deposit for the purpose of dust suppression, in accordance with the approval, dust suppressant at a dust suppression site designated in the approval and, where that is done, shall:
- at the time of completion of the deposit, complete receiver information on the manifest
- provide one copy of the completed manifest to the director within three (3) working days after the deposit
- retain one copy of the completed manifest for two (2) years
- provide one copy of the completed manifest to the generator within three (3) days after the deposit
- the generator retains the copy of the completed manifest received from the carrier for a period of two (2) years
- the generator shall, within four (4) weeks after the transfer, confirm that the waste was delivered to the intended receiver or to another receiver approved to accept the waste, and, if the generator does not confirm the delivery within that period, the generator shall, within six (6) weeks after the transfer, notify the director in writing that the delivery has not been confirmed
8.1.3.4.3 Shipments from Ontario into other jurisdictions
No carrier shall transport subject waste out of Ontario destined for a receiving facility outside Ontario unless the carrier has reason to believe the intended receiver is willing to complete the receiver information of the applicable manifest completed for that load of waste.
The responsibilities of the generator, carrier, and receiver with respect to the distribution of the manifest copies and provision of the appropriate copies to the Ministry can be summarized as follows:
- the generator, carrier and receiver must ensure that their respective generator, carrier, and receiver manifest information is completed
- at the time of the transfer the generator shall complete the generator information on the manifest and the carrier shall complete the carrier information on the manifest before the waste leaves the generation facility
- the generator provides one (1) copy of the manifest with generator manifest information and carrier manifest information complete to the director within three (3) days of the transfer
- the generator retains one copy of the manifest with generator manifest information and carrier manifest information complete at the waste generation facility for a period of two (2) years
- the carrier carries four (4) copies of the manifest with the generator manifest information and carrier manifest information completed for transport with the shipment
- upon delivering the shipment to the receiver, the carrier provides four (4) copies to the receiver’s authorized representative for completion of the receiver information on the manifest
- the receiver retains one (1) copy of the completed manifest for a period of two (2) years
- the carrier provides one (1) copy of the completed manifest to the generator within three (3) days
- the carrier retains one (1) copy of the completed manifest for a period of two (2) years
- the carrier provides one (1) copy of the completed manifest to the director within three (3) days of the transfer
- the generator shall, within four (4) weeks after the transfer, confirm that the waste was delivered to the intended receiver or to another receiver approved to accept the waste, and, if the generator does not confirm the delivery within that period, the generator shall, within six (6) weeks after the transfer, notify the director in writing that the delivery has not been confirmed
Note:
- If the carrier is aware that the receiver has not complied with clause 4 (b), the carrier shall notify the Director as soon as reasonably possible of:
- the number of the manifest
- the name of the receiver, if it is not the same as the name of the intended receiver included in the information submitted by the generator
- the date of the transfer to the receiver
8.1.4 Load refusals (section 27 of Regulation 347)
In the case where the receiver does not accept all of the subject waste or part of the subject waste sent from a generator using a paper manifest, the refusing receiver must complete a paper load refusal report referencing the refused manifest number and provide a copy of it to the Ministry within three (3) working days of the refusal. A copy of this form is available for download from the Government of Ontario Central Forms Repository. See section 6.2. Load refusal for more information.
If the waste is being returned to the generator, the responsibilities of the generator and carrier, with respect to the distribution of the manifest copies and provision of the appropriate copies to the Ministry can be summarized as follows:
- upon refusal the carrier retains all four (4) remaining copies of the manifest
- if the waste is being returned to the generator, the generator obtains four (4) copies of the manifest from the carrier and at the time of transfer completes the receiver information on the manifest
- the generator retains one (1) copy of the completed manifest for a period of two (2) years
- the generator provides one (1) copy of the completed manifest to the carrier at the time of the transfer
- the generator provides one (1) copy of the completed manifest to the Ministry within three (3) days
- the carrier retains one (1) copy of the completed manifest received from the generator for a period of two (2) years
If the waste is being sent to a different receiver, the new receiver replaces the intended receiver as the party responsibility for meeting the responsibilities of the receiver on the manifest.