O. Reg. 324/22: GENERAL - WASTE MANAGEMENT

filed April 7, 2022 under Environmental Protection Act, R.S.O. 1990, c. E.19

ontario regulation 324/22

made under the

Environmental Protection Act

Made: March 31, 2022
Filed: April 7, 2022
Published on e-Laws: April 7, 2022
Printed in The Ontario Gazette: April 23, 2022

Amending Reg. 347 of R.R.O. 1990

(GENERAL - WASTE MANAGEMENT)

1. (1) Subsection 1 (1) of Regulation 347 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“generator registration document” has the same meaning as set out in Ontario Regulation 323/22 (Subject Waste Program) made under the Resource Recovery and Circular Economy Act, 2016;

“Generator Registration Report” means the report required under section 18;

(2) Clauses (c), (d) and (e) of the definition of “ignitable waste” in subsection 1 (1) of the Regulation are revoked and the following substituted:

(c) is a Class 2.1 Flammable Gas within the meaning of paragraph 2.14 (a) of the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992 (Canada),

(d) is a Class 5.1 Oxidizing Substance within the meaning of paragraph 2.24 (a) of the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992 (Canada), or

(e) is a Class 5.2 Organic Peroxide within the meaning of paragraph 2.24 (b) of the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992 (Canada);

(3) The definitions of “intact manifest” and “manifest” in subsection 1 (1) of the Regulation are revoked.

(4) The definition of “mobile health care” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“mobile health care” means,

(a) human or animal health care that takes place at,

(i) the home of the human being or animal,

(ii) a location at which emergency services or ambulance services are provided to the human being or animal,

(iii) a location that is being used temporarily for health care providers to administer vaccinations to the human being or animal, or

(iv) a location that is being used temporarily for the purpose of collecting blood or other specimens from the human being or animal, but does not include any care at that location that is related to the collection of specimens as part of conducting COVID-19 antigen POCT testing within the meaning of subsection 29.6 (1),

(b) animal health care that,

(i) is provided by a person licensed to engage in the practice of veterinary medicine by the Registrar of the College of Veterinarians of Ontario, and

(ii) takes place at a temporary facility for which a certificate of accreditation has been issued by the Registrar of the College of Veterinarians of Ontario.

but does not include health care that is provided at,

(d) a psychiatric facility as defined in the Mental Health Act,

(e) a long-term care home as defined in the Long-Term Care Homes Act, 2007,

(f) a home for special care as defined in the Homes for Special Care Act,

(g) homes that are part of the Ontario Government program known as the “Community Homes for Opportunity” program,

(h) the professional office of a member of the Royal College of Dental Surgeons of Ontario,

(i) the professional office of a member of the College of Physicians and Surgeons of Ontario,

(j) the professional office of a member of the College of Nurses of Ontario,

(k) the professional office of a member of the College of Veterinarians of Ontario, or

(l) a pharmacy in respect of which a certificate of accreditation has been issued under section 139 of the Drug and Pharmacies Regulation Act.

(5) Clause (e) of the definition of “mobile health care”, as remade by subsection (4), is amended by striking out “Long-Term Care Homes Act, 2007” at the end and substituting “Fixing Long-Term Care Act, 2021”.

(6) Clause (g) of the definition of “reactive waste” in subsection 1 (1) of the Regulation is amended by adding “or” at the end.

(7) Clause (h) of the definition of “reactive waste” in subsection 1 (1) of the Regulation is amended by striking out “Transportation of Dangerous Goods regulations made under the Transportation of Dangerous Goods Act (Canada)” and substituting “Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992 (Canada)”.

(8) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Registry” has the same meaning as in the Resource Recovery and Circular Economy Act, 2016;

2. Paragraph 8 of subsection 16 (1) of the Regulation is amended by striking out “Transportation of Dangerous Goods Act (Canada)” at the end and substituting “Transportation of Dangerous Goods Act, 1992 (Canada)”.

3. The Regulation is amended by adding the following section:

17.1.1 Subject to section 27.1, all documents that are required to be submitted through the Registry by this Regulation shall be submitted electronically.

4. (1) Paragraph 3 of section 17.2 of the Regulation is amended by striking out “a notice must be given to the Director” in the portion before subparagraph i and substituting “a notice, containing the information required in the Manual and in this Regulation, must be submitted through the Registry”.

(2) Paragraph 4 of section 17.2 of the Regulation is amended by striking out “given under paragraph 3, written notice must be given to the Director of” in the portion before subparagraph i and substituting “submitted under paragraph 3, a notice must be submitted through the Registry setting out”.

5. (1) Subsection 18 (1) of the Regulation is revoked and the following substituted:

18. (1) Every generator who operates a waste generation facility that is involved in the production, collection, handling or storage of subject waste shall submit, through the Registry, a Generator Registration Report that contains the information required in the Manual and this Regulation in respect of the facility before one of the following events, whichever occurs first:

1. The transfer of subject waste from the facility.

2. The passing of 90 days since the first day subject waste was produced, collected or stored at the facility.

(2) Subsection 18 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) Every Generator Registration Report referred to in subsection (1) or (6) shall comply with the Manual and this Regulation and shall contain the data, analysis and other information necessary to enable the Director to be satisfied of the following:

. . . . .

(3) Subsections 18 (3) and (4) of the Regulation are revoked.

(4) Subsection 18 (6) of the Regulation is revoked and the following substituted:

(6) If there is any change from the information submitted in a Generator Registration Report or a previous supplementary Generator Registration Report, the generator shall submit a supplementary Generator Registration Report, through the Registry, that contains the information required in the Manual and this Regulation within 15 days after the change.

(5) Subsection 18 (6.1) of the Regulation is revoked and the following substituted:

(6.1) A generator who submits a Generator Registration Report or a supplementary Generator Registration Report under this section shall make a record of all data, analysis and other information used in the preparation of the report and shall keep the record at one of the following locations for at least three years after the date subject waste is no longer produced, collected, handled or stored at the waste generation facility:

1. The waste generation facility.

2. The head office of the generator, if an electronic copy of the record may be accessed at the waste generation facility.

(6) Subsections 18 (7) and (7.1) of the Regulation are revoked and the following substituted:

(7) No generator shall transfer a particular subject waste from a waste generation facility to a waste transportation system unless,

(a) the generator has submitted, through the Registry, a Generator Registration Report and any required supplementary Generator Registration Reports with respect to that facility and that particular subject waste, including the waste number for that particular subject waste; or

(b) the generator has been approved under section 27.1 to submit paper forms and, having submitted the required forms in compliance with that section, a generator registration document for that waste generation facility with a waste number for that particular subject waste has been posted on the Registry.

(7) Subsection 18 (11) of the Regulation is revoked.

(8) Subsection 18 (13) of the Regulation is amended by striking out “subsection (7.1) and substituting “subsection (7)”.

(9) Subsection 18 (14) of the Regulation is amended by striking out “subsection (7.1) does not apply” at the end and substituting “subsection (7) does not apply and the generator shall submit a supplementary Generator Registration Report respecting the waste for which the waste number was accepted within ninety days”.

(10) Subsection 18 (14.1) of the Regulation is revoked.

6. Subsection 19 (2) of the Regulation is amended by striking out “Transportation of Dangerous Goods Act (Canada)” at the end and substituting “Transportation of Dangerous Goods Act, 1992 (Canada)”.

7. Section 20 of the Regulation is revoked and the following substituted:

20. Every carrier shall, on or before January 31, 2023, dispose of every unused paper manifest that was supplied to the carrier and shall report in writing to the Director the number of each paper manifest disposed of on or before that date.

8. Subsection 20.1 (1) of the Regulation is revoked and the following substituted:

20.1 (1) No carrier shall have possession of subject waste in Ontario unless the waste was accepted from a generator and a waste generation facility for which,

9. (1) Subsection 21 (1) of the Regulation is amended by striking out “completed by the generator” and substituting “with the generator and carrier information completed”.

(2) Subsection 21 (2) of the Regulation is amended by striking out “a manifest is not completed by a generator” and substituting “information in a manifest is not completed”.

(3) Subsection 21 (3) of the Regulation is revoked and the following substituted:

(3) Either of the following shall be sufficient for the purposes of having the manifest accompany the waste under subsection (1):

1. Having a paper copy of the completed generator and carrier information available at all times during which the carrier is in possession of the waste.

2. Having access to an electronic display of the completed generator and carrier information at all times during which the carrier is in possession of the waste.

10. (1) Subsections 23 (2) and (2.1) of the Regulation are revoked and the following substituted:

(2) No generator shall transfer subject waste to a waste transportation system unless, for each truckload or part thereof transferred, at the time of the transfer,

(a) the generator submits, through the Registry, the generator manifest information required in the Manual and this Regulation; and

(b) the carrier submits, through the Registry, the carrier manifest information required in the Manual and this Regulation.

(2) Subsections 23 (4) to (8) of the Regulation are revoked and the following substituted:

(4) No receiver shall accept subject waste from a carrier under subsection (3) unless, at the time of the transfer,

(a) the carrier submits, through the Registry, the carrier manifest information required in the Manual and this Regulation and gives the receiver the number of the manifest on the Registry for that load of waste; and

(b) the receiver submits, through the Registry, the receiver manifest information required in the Manual and this Regulation.

(5) The following rules apply with respect to 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:

1. The carrier may deposit for the purposes of dust suppression, in accordance with the approval, dust suppressant at a dust suppression site designated in the approval.

2. The carrier shall, as quickly as is reasonably possible following completion of the deposit, submit, through the Registry, the receiver manifest information required in the Manual and this Regulation.

11. Subsections 24 (2) to (10) of the Regulation are revoked and the following substituted:

(2) No generator shall transfer subject waste to a waste transportation system unless, for each truckload or part thereof transferred, at the time of the transfer,

(a) the generator submits, through the Registry, the generator manifest information required in the Manual and this Regulation; and

(b) the carrier submits, through the Registry, the carrier manifest information required in the Manual and this Regulation.

(3) 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 comply with clause 4 (b).

(4) No receiver shall accept subject waste from a carrier unless, at the time of the transfer,

(b) the receiver submits, through the Registry, the receiver manifest information required in the Manual and this Regulation.

(5) 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,

(a) the number of the manifest;

(b) 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 under subsection (2); and

12. (1) Subsections 25 (2) to (4) of the Regulation are revoked and the following substituted:

(2) No carrier shall bring subject waste into Ontario for the purposes of transport to a receiving facility in Ontario unless, for each truckload or part thereof transferred, at the time of the transfer from the generator,

(a) the generator submits, through the Registry, the generator manifest information required in the Manual and this Regulation; and

(b) the carrier submits, through the Registry, the carrier manifest information required in the Manual and this Regulation.

(2) Subsections 25 (6) to (10) of the Regulation are revoked and the following substituted:

(6) No receiver shall accept subject waste from a carrier under subsection (5) unless, at the time of the transfer,

(b) the receiver submits, through the Registry, the receiver manifest information required in the Manual and this Regulation.

(7) The following rules apply with respect to 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:

1. The carrier may deposit for the purposes of dust suppression, in accordance with the approval, dust suppressant at a dust suppression site designated in the approval.

13. (1) Subsection 26.1 (8) of the Regulation is revoked and the following substituted:

(8) Subsection (5) does not apply to a generator with respect to hazardous waste if another generator has already paid, or is exempt from paying, the fees calculated with respect to,

(a) that hazardous waste; or

(b) hazardous waste from which that hazardous waste was derived.

(2) Section 26.1 of the Regulation, as amended by subsection (1), is revoked and the following substituted:

26.1 The fees due under this Regulation before January 1, 2023 that are payable to the Ministry of Finance continue after that date to be due and payable to the Minister of Finance.

14. (1) Subsection 27 (1) of the Regulation is revoked and the following substituted:

(1) A receiver who refuses to accept a transfer of subject waste shall submit, through the Registry, the refusal report information required in the Manual and this Regulation within one business day after the refusal.

(2) Subsection 27 (3) of the Regulation is revoked and the following substituted:

(3) If waste is refused by the intended receiver at the receiving facility and if the carrier cannot conveniently make a different transfer in accordance with this Regulation, the carrier may transfer the unadulterated waste to the waste generation facility set out in the generator information in the applicable manifest and, at the time of the transfer,

(a) the carrier shall submit, through the Registry, the information required in the Manual and this Regulation; and

(b) the generator shall submit, through the Registry, the receiver manifest information required in the Manual and this Regulation.

(3) Subsections 27 (5) to (6) of the Regulation are revoked.

15. The Regulation is amended by adding the following section:

Submission of Information to Registry

27.1 (1) If a person believes that complying with the requirement to submit a document electronically through the Registry will result in undue hardship to that person, the person may submit a request to the Director in accordance with the Manual and this Regulation for approval to submit a paper document instead.

(2) A Director may approve a request under subsection (1) for the person to submit a paper document if, after considering the circumstances of the person, the Director is of the opinion that submitting the document electronically would impose undue hardship on the person.

(3) The Director shall specify, in every written approval provided under subsection (2), the document and the period of time in respect of which the approval applies.

(4) If the Director provides an approval to a person under subsection (2), the person shall, with respect to each paper document to which the approval applies,

(a) submit the document in accordance with the Manual;

(b) send the document to the person specified in the Manual, who shall electronically submit, through the Registry, the information in the document on behalf of the person who made the request;

(d) keep any records related to the document as required in the Manual and this Regulation.

(5) If a person is authorized to submit manifest information pursuant to an approval under subsection (2), every person who is required to submit information in respect of that manifest shall also use paper.

27.2 (1) For greater certainty, a generator who is required to submit a document through the Registry may authorize in writing a delegate to submit the document on their behalf.

(2) A written authorization mentioned in subsection (1) must comply with any requirements set out in the Manual.

(3) A generator who has entered into an agreement with a delegate through a written authorization remains responsible for meeting their requirements under this Regulation, including requirements to report, update and ensure the accuracy of all information submitted through the Registry.

(4) The generator and the delegate must retain a copy of the written authorization for the duration of the authorization and for at least two years after the authorization ceases to have effect.

16. (1) Subsection 84 (1) of the Regulation is amended by striking out “information referred to in subsection (2)” in the portion before paragraph 1 and substituting “current information relating to the waste that is contained in the Generator Registration Report and any subsequent supplementary Generator Registration Report, as the case may be, submitted by the generator under section 18”.

(2) Subsections 84 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Either of the following shall be sufficient for the purposes of providing notice under subsection (1):

1. Providing a paper copy of the information referred to in subsection (1).

2. Providing access to an electronic display of the information referred to in subsection (1).

(3) Clause 84 (4) (a) of the Regulation is revoked and the following substituted:

(a) the first transfer to the receiving facility of each type of characteristic waste or listed waste identified in the Generator Registration Report and any subsequent supplementary Generator Registration Report, as the case may be, submitted by the generator under section 18; and

(4) Clause 84 (7) (b) of the Regulation is amended by striking out “subsections (3) to (6)” at the beginning and substituting “subsections (2) to (6)”.

Commencement

17. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of July 1, 2022 and the day this Regulation is filed.

(2) Subsections 1 (1), (3) and (8), sections 3 to 5 and 7 to 12, subsection 13 (2) and sections 14 to 16 come into force on the later of January 1, 2023 and the day this Regulation is filed.

(3) Subsection 1 (5) comes into force on the later of the day section 2 of Schedule 1 (Fixing-Long-Term Care Act, 2021) to the Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 comes into force and the day this Regulation is filed.

O. Reg. 324/22: GENERAL - WASTE MANAGEMENT

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