ontario regulation 119/25

made under the

Environmental Protection Act

Made: June 5, 2025
Filed: June 18, 2025
Published on e-Laws: June 18, 2025
Published in The Ontario Gazette: July 5, 2025

REGISTRATIONS UNDER PART II.2 OF THE ACT – Waste Transportation Systems

CONTENTS

 

Interpretation and Application

Interpretation

1. (1) In this Regulation,

“biomedical waste” has the same meaning as in the Ministry publication entitled “Guideline C-4: The Management of Biomedical Waste in Ontario” dated November 2009, as amended from time to time and available on a website of the Government of Ontario; (“déchets biomédicaux”)

“EASR waste” means any waste that is not a biomedical waste, a pathological waste, a PCB waste, a radioactive waste, a treated biomedical waste or any waste that is mixed, blended, bulked or otherwise intermingled with asbestos; (“déchets REAS”)

“highway” has the same meaning as in the Highway Traffic Act; (“voie publique”)

“motor vehicle” has the same meaning as in the Highway Traffic Act; (“véhicule automobile”)

“Regulation 347” means Regulation 347 of the Revised Regulations of Ontario, 1990 (General – Waste Management) made under the Act; (“Règlement 347”)

“spill” has the same meaning as in Part X of the Act; (“déversement”, “déverser”)

“treated biomedical waste” has the same meaning as in the Ministry publication entitled “Guideline C-4: The Management of Biomedical Waste in Ontario” dated November 2009, as amended from time to time and available on a website of the Government of Ontario; (“déchets biomédicaux traités”)

“waste” has the same meaning as in Part V of the Act; (“déchets”)

“waste management system” has the same meaning as in Part V of the Act; (“système de gestion des déchets”)

“waste transportation vehicle” means a motor vehicle that is used for transporting waste on a highway and includes any trailer or other vehicle drawn by it or operated in combination with it. (“véhicule de transport des déchets”)

(2) In this Regulation, the following terms have the same meaning as in Regulation 347:

1. Asbestos waste.

2. Hauled sewage.

3. Hazardous waste.

4. Municipal waste.

5. Pathological waste.

6. PCB waste.

7. Radioactive waste.

8. Receiver.

9. Site.

10. Transfer.

11. Waste transportation system.

Prescribed activities, s. 20.21 (1) and (5) of the Act

2. (1) Subject to subsections (4), (5), (7) and (8), the following are prescribed activities for the purposes of subsections 20.21 (1) and (5) of the Act:

1. The use, operation, establishment, alteration, enlargement or extension of a waste management system that meets the criteria set out in subsection (2).

(2) The criteria referred to in subsection (1) with respect to a waste management system are the following:

1. The waste management system is a waste transportation system.

2. The only waste management done by the waste management system is,

i. the transportation of waste beyond the boundaries of a site or from site to site, and

ii any collection, handling or transfer of waste that is involved in transporting the waste beyond the boundaries of a site or from site to site.

3. The waste management system collects, handles, transports or transfers EASR waste.

4. Each type of EASR waste managed by the waste management system is managed separately from every other type of waste.

(3) For greater certainty, subsection 27 (1) of the Act applies in respect of a waste management system that, in addition to doing the waste management set out in paragraph 2 of subsection (2), does other waste management, such as storing, processing or disposing of waste.

(4) If a waste management system that transports hauled sewage would meet the criteria set out in subsection (2) except for the fact that it also disposes of the hauled sewage,

(a) subsection (1) applies to the waste management system in respect of the collection, handling, transportation or transfer of the hauled sewage; and

(b) for greater certainty, subsection 27 (1) of the Act applies in respect of the disposal of the hauled sewage.

(5) If a waste management system that meets the criteria set out in subsection (2) also collects, handles, transports or transfers non-EASR waste,

(a) this section does not apply to the waste management system in respect of the collection, handling, transportation or transfer of non-EASR waste and subsection 27 (1) of the Act applies instead; and

(b) for greater certainty, subsection (1) applies to the waste management system in respect of the collection, handling, transportation or transfer of EASR waste.

(6) For greater certainty, subsection 27 (1) of the Act applies in respect of a waste management system that manages a type of EASR waste, such as hazardous waste, that is mixed, blended, bulked or otherwise intermingled with another type of waste or material.

(7) This section does not apply in respect of a waste management system that uses a vehicle that is not a waste transportation vehicle to transport waste.

(8) This section does not apply in respect of activities relating to,

(a) a waste that is exempt from Part V of the Act under section 3 of Regulation 347; or

(b) a waste management system, truck or other vehicle if, under a regulation listed in subsection (9),

(i) the waste management system, truck or other vehicle is exempt from Part V of the Act or subsection 27 (1) of the Act, or

(ii) Part V of the Act or subsection 27 (1) of the Act does not apply in respect of the waste management system, truck or other vehicle.

(9) For the purposes of clause (8) (b), the regulations are the following:

1. Regulation 347.

2. Ontario Regulation 101/94 (Recycling and Composting of Municipal Waste) made under the Act.

3. Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Act.

Registration Matters

Prescribed dates, approvals cease to have effect

3. (1) For the purposes of clause 20.17 (b) of the Act, November 18, 2022 is prescribed in respect of an activity that was prescribed by section 2 of Ontario Regulation 351/12 (Registrations Under Part II.2 of the Act – Waste Management Systems) as it read immediately before it was revoked.

(2) For the purposes of clause 20.17 (b) of the Act, August 1, 2028 is prescribed in respect of an activity prescribed by section 2 of this Regulation that is not described in subsection (1). 

Continuation of applications for environmental compliance approval

4. (1) If an application for approval to engage in an activity mentioned in subsection 27 (1) of the Act was submitted to the Director on or before the day this Regulation comes into force and the Director did not make a decision with respect to the application before that day,

(a) the application is exempt from subsection 20.2 (3) of the Act; and

(b) the application is exempt from subsection 20.3 (2) of the Act.

(2) A person who is engaging in an activity in respect of which an application for approval described in subsection (1) has been made is exempt from subsection 20.21 (1) of the Act until the earliest of the following days:

1. The day the person withdraws the application.

2. The day the Director refuses to issue an environmental compliance approval in respect of the activity.

3. If the Director issues an environmental compliance approval in respect of the activity, the day the approval ceases to apply in respect of the activity as determined under section 20.17 of the Act.

Registration of all activities at facility when first activity is registered

5. (1) This section applies to a person who, before August 1, 2028, registers an activity that is prescribed by section 2 in the Registry if, immediately before the person registers the activity in respect of a facility, an environmental compliance approval in respect of the activity is in effect.

(2) A person to whom this section applies shall, when registering the activity in the Registry, register all other activities prescribed by section 2 in which the person engages or proposes to engage at the facility.

Registration exemptions, s. 20.21 (1) (a) and (b) of the Act

6. A person who engages in an activity prescribed by section 2 is exempt from clauses 20.21 (1) (a) and (b) of the Act in respect of the activity if,

(a) the activity is engaged in with respect to a waste management system in respect of which the person has previously registered an activity prescribed by section 2 of this Regulation; and

(b) the registration in respect of the previously registered activity is not suspended and has not been removed from the Registry.

Registration requirement, information to be filed

7. For the purposes of paragraphs 1 to 3 of subsection 2 (2) of Ontario Regulation 245/11 (Registrations Under Part II.2 of the Act – General) made under the Act, a person who proposes to engage in an activity prescribed by section 2 of this Regulation shall file the following information in the Registry:

1. A description of each type of EASR waste managed by the waste management system.

2. An identification of each environmental compliance approval issued in respect of the waste management system, if any.

3. The year, make, model, vehicle identification number, licence plate number, and ownership of every waste transportation vehicle used in respect of an activity prescribed by section 2.

4. A copy of a certificate or a copy of other proof confirming that the waste transportation vehicle has the insurance mentioned in paragraph 6 of subsection 11 (1).

Activity Requirements, s. 20.21 (1) (c) of the Act

EASR waste, general

8. (1) For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation shall ensure that the following requirements with respect to the waste management system are complied with in respect of the activity:

1. The waste management system shall not be used to collect, handle, transport or transfer any EASR waste other than an EASR waste for which a description is filed in the Registry in accordance with paragraph 1 of section 7.

2. All equipment and each waste transportation vehicle, including any accessories, that is part of the waste management system must be operated, inspected and maintained in accordance with the manufacturer’s specifications.

(2) For greater certainty, if subsection 2 (5) applies in respect of a waste management system, paragraph 1 of subsection (1) does not apply to the waste management system in respect of the collection, handling, transportation or transfer of any non-EASR waste and subsection 27 (1) of the Act applies in respect of those activities.

Asbestos waste

9. (1) For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation that involves transporting asbestos waste shall ensure that the following requirements with respect to the waste transportation vehicle and the waste management system of which the vehicle is part are complied with:

1. The waste management system shall use either a vacuum loader or a lugger box, or both, when handling or transporting asbestos waste in bulk.

2. If a trailer of a waste transportation vehicle is transporting asbestos waste, no other trailer of the vehicle may transport any other type of waste.

3. If a lugger box is used to transport asbestos waste, the lugger box must be covered and,

i. lined with a polyethylene bag at least six mil thick that is securely sealed during the transport of the asbestos, or

ii. if the asbestos waste is pelletized, lined with a durable liner that is at least six mil thick and securely sealed in accordance with paragraph 4 during the transport of the asbestos.

4. A liner described in subparagraph 3 ii must overlap and seal to cover the pelletized asbestos waste and must prevent contact between the pelletized asbestos waste and the lugger box.

5. The bag or liner described in paragraph 3 must be disposed of with the asbestos waste in respect of which the lugger box is used.

6. If a vacuum loader is used in the collection or handling of asbestos waste, the asbestos waste must be wetted before or during the collection or handling and the vacuum loader must,

i. use particulate removal equipment and high efficiency filters that minimize the discharge of asbestos to the air from the vacuum loader,

ii. be operated in a manner that directs the exhaust away from enclosed areas, limits the discharge of dust and noise and otherwise minimizes any adverse effects,

iii. cease operating immediately in the event of a malfunction,

iv. be clearly marked on at least two sides with the name of the person who registered the activity in the Registry and with the registration number appearing on the confirmation of registration in respect of the activity, and

v. be stored in an area to which access is restricted by fencing, locked gates or other security barriers.

7. Any waste, including any non-reusable filter bags, resulting from the operation of the vacuum loader mentioned in paragraph 6 must be disposed of with the asbestos waste being collected or handled by the vacuum loader.

8. A waste transportation vehicle and any other equipment that comes into contact with asbestos waste must be washed of all asbestos residue before being used to collect, handle, transport or transfer any other waste.

9. Asbestos waste and any water used for washing asbestos residue must be disposed of at a landfill by transferring the asbestos waste and wash water from the waste transportation vehicle directly to a depression that has been specifically prepared to receive the asbestos waste and wash water.

(2) In this section,

“mil” means a unit of thickness equal to one thousandth of an inch.

Waste management systems, complaints

10. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation shall ensure that if the person receives a complaint with respect to the waste management system and the complaint relates to the natural environment, the person shall immediately notify the district manager of the Ministry for the district in which the events leading to the complaint are alleged to have occurred.

Waste transportation vehicles

11. (1) For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation shall ensure that the following requirements with respect to each waste transportation vehicle that is part of the waste management system are complied with:

1. Every waste transportation vehicle must be clearly marked with the name and registration number appearing on the confirmation of registration in respect of the activity.

2. Every waste transportation vehicle must be designed, constructed, filled, closed, secured and maintained so that there is no accidental release of waste when the vehicle is being operated under normal conditions.

3. At least one time in every 36-month period, a driver of a waste transportation vehicle must have successfully completed the training required by paragraph 9 of subsection 16 (1) of Regulation 347.

4. Before a waste transportation vehicle is used to transport an EASR waste, the vehicle and any other equipment that comes into contact with the waste must be cleaned of all waste residue unless the waste last transported by the vehicle is the same type of EASR waste.

5. Every waste transportation vehicle must contain all appropriate equipment and material set out in the spill prevention and contingency plans required under section 14 to allow the driver to immediately respond to a spill.

6. Every waste transportation vehicle must be insured under an insurance policy under which the minimum coverage is $2,000,000 and that includes coverage for liability resulting from spills from the waste transportation vehicle.

7. If a waste transportation vehicle is stored at a site that is not owned by the person engaging in the activity prescribed by section 2, written permission of the owner of the site where the vehicle is stored must be obtained.

8. The following documents must be kept in every waste transportation vehicle:

i. A copy of the confirmation of registration in respect of the activity.

ii. A copy of a certificate or other document confirming that the driver of the waste transportation vehicle has successfully completed the training mentioned in paragraph 3 within the time period mentioned in that paragraph.

iii. A copy of the spill prevention and contingency plans mentioned in paragraph 5.

iv. A copy of a certificate or other proof confirming that the waste transportation vehicle has the insurance mentioned in paragraph 6.

v. The written consent described in paragraph 7.

(2) Paragraph 1 and subparagraph 8 i of subsection (1) do not apply if,

(a) the waste transportation vehicle is owned and operated by or operated exclusively for a municipality or the Crown; and

(b) the only EASR waste being transported in the waste transportation vehicle is municipal waste.

(3) Paragraphs 4 and 5 of subsection 16 (1) of Regulation 347 apply with respect to a waste transportation vehicle that is involved in the transportation or temporary storage of EASR waste that is liquid waste.

Temporary storage in waste transportation vehicle, out of province

12. (1) For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation that involves the transportation of EASR waste, other than hauled sewage, to an intended receiver outside of Ontario is exempt from subsection 27 (1) of the Act with respect to the temporary storage of the EASR waste for the period set out in subsection (2) if,

(a) under normal circumstances it would be reasonably possible to transport the EASR waste outside of Ontario on the same day that the waste is collected but unavoidable circumstances arise that make same-day transport impossible;

(b) the EASR waste is stored in the waste transportation vehicle that collected it; and

(c) the EASR waste is stored in a manner that is consistent with any applicable municipal by-laws and on a property that is,

(i) zoned for industrial or commercial use, and

(ii) suitable for the temporary storage of the EASR waste in the waste transportation vehicle.

(2) The period of the exemption mentioned in subsection (1) begins on the day that the EASR waste is collected and ends at 8 a.m. on the following day.

(3) Subclause (1) (c) (i) does not apply if there are no lands zoned for industrial or commercial uses within a municipality or territory without municipal organization.

Temporary storage in waste transportation vehicle, hauled sewage

13. (1) For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation that involves the transportation of an EASR waste that is hauled sewage is exempt from subsection 27 (1) of the Act with respect to the temporary storage of the hauled sewage for the period mentioned in subsection (2) if,

(a) the hauled sewage is stored in the waste transportation vehicle that collected it; and

(b) the hauled sewage is stored on a property that is owned by,

(i) the person who registered the activity in the Registry, or

(ii) a person who has given written permission to the person in subclause (i) in respect of storing the hauled sewage on the property.

(2) The period of the exemption mentioned in subsection (1) is the longer of,

(a) a period that begins on the day when the hauled sewage is first stored on the property and ends at 8 a.m. on the first business day after that day; or

(b) a period that begins at the time the hauled sewage is first stored on the property and that ends 24 hours after that time.

(3) In this section,

“business day” means a day that is not a Saturday or a holiday within the meaning of section 87 of the Legislation Act, 2006.

Documentation

Spill prevention plans

14. Before a person engages in an activity prescribed by section 2, the person shall develop and implement spill prevention and contingency plans that include the following information:

1. An identification of each type of EASR waste that may be collected, handled, transported or transferred by the waste management system and, for each waste type, an explanation of the adverse effects that may be caused by a spill of the waste.

2. For each spill described in paragraph 1 that has a significant risk of occurring, an identification of possible steps that could be taken to prevent or reduce the risk of the spill from occurring.

3. Procedures to ensure that, for steps that will be taken under paragraph 2,

i. if the step relates to the installation of any equipment or mechanism, the equipment or mechanism be monitored and maintained in good repair, and

ii. personnel be trained in,

A. implementing the step, including training in respect of using any materials to implement the step, and

B. operating, testing, monitoring and maintaining any equipment or mechanism referred to in subparagraph i.

4. An identification of the steps that will be taken to prevent, eliminate or ameliorate any adverse effects that result or may result from the spill.

5. Procedures to ensure that notification of a non-reportable spill is given in accordance with subsection 10 (3) of Ontario Regulation 675/98 (Classification and Exemption of Spills and Reporting of Discharges) made under the Act, if that subsection applies to the spill.

6. Procedures to ensure that before a spill occurs,

i. a person who is responsible for implementing plans under this section, and their alternate, are identified,

ii. the anticipated circumstances of the spill and its potential adverse effects are assessed and the appropriate level of response is determined,

iii. the roles and responsibilities of personnel in responding to a spill are identified and documented,

iv. personnel are trained in their roles and responsibilities under subparagraph iii and paragraphs 7 and 8 and, as appropriate, in the use of spill response equipment and material, and

v. equipment and material referred to in subparagraph 7 vi that are needed to respond to the spill are regularly inspected and maintained in a state of readiness to respond to a spill.

7. Procedures to ensure that, if any spill from a waste transportation vehicle or any spill at or related to the operations of a waste management system occurs,

i. sections 92 and 93 of the Act are complied with,

ii. the persons identified under subparagraph 6 i and any other relevant persons are notified of the spill,

iii. the appropriate level of response to the spill determined under subparagraph 6 ii is implemented,

iv. members of the public who may be directly affected by the spill are notified of the spill,

v. if an alarm system or other notification system is in place, it is operated appropriately,

vi. appropriate equipment, material and personnel are available to immediately respond to the spill, and

vii. wastes generated as a result of the spill and spill response are disposed of appropriately.

8. Procedures to ensure that a written summary of the actions taken in accordance with the procedures described in paragraph 7 to respond to a spill is made.

Review of plans

15. For the purposes of clause 20.21 (1) (c) of the Act, a person who engages in an activity prescribed by section 2 of this Regulation shall ensure that the spill prevention and contingency plans required by section 14 are reviewed each year and revised as necessary to ensure compliance with this Regulation.

Records

16. (1) A person who engages in an activity prescribed by section 2 shall ensure that each of the following records is retained for a period of five years from the day it is created:

1. A record of the following information with respect to any spill from a waste transportation vehicle used in respect of the activity or a spill at or related to the operations of the waste management system:

i. The date and time when the spill occurred.

ii. The quantity and type of the pollutant spilled.

iii. The location of the spill.

iv. The cause of the spill.

v. A summary of the actions taken in accordance with the procedures described in paragraph 7 of section 14 with respect to the spill, including whether the Ministry, a municipality or person has been notified with respect to the circumstances of the spill.

vi. A summary of any operational or equipment changes that have been made to prevent a similar spill from occurring.

2. A record of the following information with respect to each complaint received by the person in respect of the activity, if the complaint relates to the natural environment:

i. The date and time when the complaint was received.

ii. A copy of the complaint, if it is a written complaint.

iii. A summary of the complaint, if it is not a written complaint.

iv. A summary of measures taken, if any, to address the complaint.

3. A record of the following information with respect to each waste transportation vehicle that is part of the waste management system:

i. The date and time of each inspection of the waste transportation vehicle.

ii. The date, time and location of each cleaning of the waste transportation vehicle and a summary of the cleaning steps performed, including any decontamination steps performed.

iii. If a vacuum loader is used to collect, handle, transport or transfer asbestos waste to or from the waste transportation vehicle, the date and time of each maintenance activity performed in respect of the vacuum loader.

iv. An indication of each type of EASR waste the waste transportation vehicle transports.

4. A record of each review required by section 15 and a summary of any revisions made to the spill prevention and contingency plans as a result of the review.

(2) A person who engages in an activity prescribed by section 2 shall ensure that a copy of all materials that are used for the training required by paragraph 9 of subsection 16 (1) of Regulation 347 of the drivers of waste transportation vehicles that are part of the waste management system are retained for the period during which the waste management system operates.

(3) In this section,

“pollutant” has the same meaning as in Part X of the Act.

Transition

Transition, updating the Registry

17. (1) Despite subsection 3 (1) of Ontario Regulation 245/11 (Registrations under Part II.2 of the Act – General), if information in the Registry on the transition date is no longer complete or accurate as a result of a difference between Ontario Regulation 351/12 (Registrations under Part II.2 of the Act – Waste Management Systems), as it read immediately before the transition date, and this Regulation, the person who engages in the activity to which the information relates shall ensure that complete and accurate information is filed in the Registry, using the Ministry’s electronic system, within one year after the transition date.

(2) Subsection (1) does not apply in respect of information filed in the Registry in accordance with paragraph 4 of section 7, and subsection 3 (1) of Ontario Regulation 245/11 (Registrations under Part II.2 of the Act – General) continues to apply to such information.

(3) Despite subsection (1), if information filed in the Registry in accordance with paragraph 3 of section 7 is no longer complete or accurate, the person who engages in the activity to which the information relates shall ensure that complete and accurate information is filed in the Registry, using the Ministry’s electronic system, within 14 days after the day the person becomes aware that the information is no longer complete or accurate.

(4) In this section,

“transition date” means the day this Regulation comes into force.

Revocation And Commencement

Revocation

18. Ontario Regulation 351/12 is revoked.

Commencement

19. This Regulation comes into force on the later of August 1, 2025 and the day this Regulation is filed.