O. Reg. 50/19: GENERAL

 

ontario regulation 50/19

made under the

Toxics Reduction Act, 2009

Made: March 21, 2019
Filed: March 22, 2019
Published on e-Laws: March 22, 2019
Printed in The Ontario Gazette: April 6, 2019

Amending O. Reg. 455/09

(GENERAL)

1. Ontario Regulation 455/09 is amended by adding the following section:

Exemptions from requirement to prepare plan

3.1 (1) Despite subsection 3 (1) of the Act, the owner and the operator of a facility are not required to ensure that a toxic substance reduction plan for a toxic substance is prepared in respect of the year 2018 or any subsequent year.

(2) For greater certainty, subsection (1) does not affect a requirement in this Regulation to prepare a new version of a toxic substance reduction plan that was prepared previously.

2. (1) Subsection 9 (3) of the Regulation is amended by striking out “and the circumstances described in clause 2 (a) continue to apply”.

(2) Subsections 9 (4) and (5) of the Regulation are revoked.

3. The heading before section 11.1 and sections 11.1, 11.3 and 11.4 of the Regulation are revoked.

4. Clause 12 (7) (a) of the Regulation is revoked and the following substituted:

(a) the change is made in respect of a year in which there has been a significant process change at the facility or in respect of the year immediately following the year in which there has been a significant process change;

5. Section 15.1 of the Regulation is amended by striking out “If a toxic substance reduction plan is required by section 11.1” at the beginning and substituting “If a new version of a toxic substance reduction plan is required under subsection 20 (1)”.

6. The heading before section 20 of the Regulation is revoked and the following substituted:

Amendment of Plan

7. (1) Subsections 20 (1) and (2) of the Regulation are revoked and the following substituted:

Amendment, new version of plan required

(1) If a toxic substance reduction plan is amended under section 5 of the Act, the owner and the operator who were required to ensure the plan was prepared shall ensure that a new version of the plan is prepared to reflect all updated information.

(2) Subsection 20 (3) of the Regulation is amended by striking out “or a review under section 7 of the Act”.

(3) Subsection 20 (4) of the Regulation is revoked.

(4) Subsection 20 (5) of the Regulation is amended by striking out “and subsection (4) does not apply”.

(5) Subsection 20 (6) of the Regulation is revoked.

8. Sections 21 and 22 of the Regulation are revoked.

9. (1) Subsection 23 (1) of the Regulation is amended by striking out “or a review under section 7 of the Act” at the end.

(2) Subsection 23 (2) of the Regulation is revoked and the following substituted:

(2) If a new version of a toxic substance reduction plan is prepared, the owner and the operator of a facility shall ensure that a summary of the new version is given to the Director, made available to the public on the Internet and given to a member of the public upon written request, subject to subsection 30.1 (2), within 30 days after the new version of the plan is prepared.

10. Section 25 of the Regulation is amended by adding the following subsection:

(3) For the purposes of this section, the current version of a toxic substance reduction plan in respect of a toxic substance does not include a plan that was prepared before one of the following circumstances occurred in respect of the owner and the operator of the facility:

1. They were exempt from subsection 3 (1) of the Act in respect of the toxic substance for three or more consecutive years under subsection 9 (2) of this Regulation.

2. They submitted a record under section 11.2 in respect of the toxic substance because one or more of the criteria set out in section 4, 5, 6 or 7 was not met in a calendar year and subsection 3 (1) of the Act continued to not apply to them for at least two more consecutive years.

Commencement

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