ontario regulation 234/26

made under the

Environmental Protection Act

Made: July 16, 2026
Filed: July 20, 2026
Published on e-Laws: July 20, 2026
Published in The Ontario Gazette: August 8, 2026

Amending O. Reg. 137/25

(REGISTRATIONS UNDER PART II.2 OF THE ACT - STORM WATER MANAGEMENT WORKS)

1. Section 1 of Ontario Regulation 137/25 is amended by adding the following definitions:

“pollutant” has the same meaning as in Part X of the Act; (“polluant”)

“spill containment works” means a storm water management works that is designed to,

(a)  prevent the discharge of a pollutant from becoming a spill, or

(b)  prevent a pollutant from entering a sewage works or other system that is not designed to contain or handle the pollutant; (“système de confinement des déversements”)

“underdrain system” means a storm water management works located underground that conveys storm water and ground water to a discharge point, for the purpose of reducing storm water and ground water build up for safety purposes. (“système de drains de sortie”)

2. Sub-subparagraph 12 ii C of subsection 2 (2) of the Regulation is revoked.

3. Paragraph 3 of section 3 of the Regulation is amended by striking out “mentioned in paragraph 4 of section 9” at the end and substituting “required for the purposes of paragraph 4 of subsection 9 (1)”.

4. Section 6 of the Regulation is revoked and the following substituted:

Environmental Assessment Act, Part II.3 project

6. (1) This section applies in respect of a person who proposes to engage in an activity prescribed by section 2 in respect of a storm water management works that forms part of or is proposed to form part of a project to which Part II.3 of the Environmental Assessment Act applies.

(2) The person shall not register the activity in the Registry until an approval is given under Part II.3 of the Environmental Assessment Act to proceed with the Part II.3 project within the meaning of that Act.

5. Section 7 of the Regulation is amended by adding the following subsections:

(2) Despite subsection (1), a requirement set out in any of the following provisions does not apply in the circumstances described in subsection (3):

1.  Paragraphs 1 to 3 and subparagraphs 4 iii and iv of subsection 9 (1).

2.  Subparagraphs 3 v to vii of subsection 10 (1).

3.  Paragraph 3 of subsection 10 (3).

(3) A requirement in a provision set out in subsection (2) does not apply in respect of a person who proposes to engage in an activity prescribed by section 2 in respect of a storm water management works if the activity is in respect of one of the following:

1.  A spill containment works that services a site at which activities described under NAICS code 2211 take place.

2.  An underdrain system that services a site at which activities described under NAICS code 2211 take place.

6. Subparagraph 1 iii of subsection 8 (2) of the Regulation is revoked.

7. Subsection 9 (1) of the Regulation is amended by adding the following paragraph:

0.1  Information about the site serviced by the works, including its address and a description of the activities occurring at the site.

8. (1) Subparagraph 3 iii of subsection 10 (1) of the Regulation is amended by adding “including the location of all outlets and receivers” at the end.

(2) Section 10 of the Regulation is amended by adding the following subsections:

(2.1) Subsection (2) does not apply in respect of a person who proposes to engage in an activity prescribed by section 2 in respect of a storm water management works if the activity is in respect of a spill containment works or an underdrain system.

(2.2) For the purposes of paragraph 1 of subsection (1), the design criteria established for a spill containment works that services equipment containing oil, other than a storage tank, shall include achievement of the following:

1.  If the spill containment works is not hydraulically linked to any other spill containment works, a spill containment volume that is, at a minimum, equal to the sum of the following:

i.  The maximum volume of oil that could be contained in a single piece of equipment serviced by the works.

ii.  The anticipated volume of storm water from a 24-hour duration, 25-year return storm to be collected by the works.

2.  If the spill containment works is hydraulically linked to another spill containment works, a collective spill containment volume that is, at a minimum, equal to the sum of the following:

i.  The maximum volume of oil that could be contained in a single piece of equipment serviced by the linked works.

ii.  The anticipated volume of storm water from a 24-hour duration, 25-year return storm to be collected by all the linked works.

(2.3) For the purposes of paragraph 1 of subsection (1), the design criteria established for a spill containment works that services a storage tank shall include achievement of the following:

1.  If the spill containment works is servicing a single storage tank, a spill containment volume that is, at a minimum, equal to 110 per cent of the volumetric capacity of the storage tank.

2.  If the spill containment works is servicing more than one storage tank, a spill containment volume that is, at a minimum, equal to the sum of the following:

i.  The volumetric capacity of the largest storage tank serviced by the works.

ii.  The greater of the following:

A.  Ten per cent of the volumetric capacity of the largest storage tank serviced by the works.

B.  Ten per cent of the combined volumetric capacity of every storage tank serviced by the works, excluding the largest storage tank.

9. Section 11 of the Regulation is revoked and the following substituted:

Assessment of Monitoring

11. (1) The section titled “Assessment of Monitoring” shall contain, in the case of a storm water management works that is not a spill containment works, an assessment by a licensed engineering practitioner as to whether it is necessary to monitor the discharge from the relevant storm water management works, taking into account the results of the site assessment and such other factors that the licensed engineering practitioner considers relevant.

(2) The section titled “Assessment of Monitoring” shall contain a monitoring plan in either of the following circumstances:

1.  The storm water management works is a spill containment works.

2.  In the case of a storm water management works mentioned in subsection (1), the licensed engineering practitioner’s assessment under subsection (1) is that monitoring is necessary.

(3) The monitoring plan shall contain, at a minimum, the following:

1.  The parameters that the person who proposes to engage in an activity prescribed by section 2 shall ensure are monitored and the frequency at which the person shall ensure sampling or measurements are undertaken.

2.  Any effluent objectives for the parameters, which the person shall make best efforts at all times to not exceed.

3.  Sampling and analysis methods that the person shall ensure are applied.

4.  One or more locations at which the person shall ensure monitoring is undertaken.

5.  Corrective actions that the person shall ensure are taken if any effluent objective is exceeded.

6.  The time period during which the person shall ensure the plan is implemented.

7.  An explanation of why the time period mentioned in paragraph 6 is appropriate.

(4) For the purposes of paragraphs 1 and 2 of subsection (3), in the case of spill containment works, the parameters and effluent objectives shall include, at a minimum, the following:

1.  If the spill containment works services equipment that contains oil, the parameters set out in Column 1 of items 1 and 2 of the following Table and the corresponding effluent objectives set out in Column 2 of the Table.

2.  If the spill containment works services equipment that contains polychlorinated biphenyls, the parameter set out in Column 1 of item 3 of the following Table and the corresponding effluent objective set out in Column 2 of the Table.

tABLE

Item	Column 1 Parameter	Column 2 Effluent objective
1.	Oil and grease	15 milligrams per litre
2.	Phenolics	20 micrograms per litre
3.	Polychlorinated biphenyls	0.01 micrograms per litre

(5) For the purposes of paragraph 1 of subsection (3), in the case of spill containment works, the frequency of monitoring shall be, at a minimum,

(a)  as soon as practicable after a discharge or loss of oil or other pollutant from the equipment serviced by the works occurs; and

(b)  every three months following the monitoring under clause (a), for a period of one year from the date of the discharge or loss.

(6) For the purposes of paragraph 1 of subsection (3), in the case of spill containment works, if an effluent objective for a parameter is exceeded, the frequency of monitoring shall be monthly until, at a minimum, three consecutive monitoring results demonstrate no exceedances of the effluent objectives for all the parameters.

(7) For the purposes of paragraph 4 of subsection (3), in the case of spill containment works, the plan shall specify, at a minimum, the outlet of the works as the location at which the person shall ensure monitoring is undertaken.

10. (1) Subsection 12 (1) of the Regulation is amended by adding the following paragraph:

3.  Procedures to respond to and make records of complaints respecting the works.

(2) Section 12 of the Regulation is amended by adding the following subsection:

(3) For the purposes of paragraph 2 of subsection (1), if the storm water management works is a spill containment works, the contingency plans and procedures shall include a spill contingency plan respecting all storm water management works servicing the same site, and spills and discharges of pollutants, including oil, that may occur at the property on which the works is or is proposed to be located, resulting in pollutants potentially entering the works or discharging from the works into the natural environment, including, at a minimum, the following procedures and information:

1.  Procedures to prevent or reduce the risk of spills and discharges of pollutants.

2.  Procedures to identify when a spill or discharge of pollutants has occurred, including a spill or discharge from equipment containing oil.

3.  Procedures to prevent, eliminate or ameliorate any adverse effects that result or may result from the spills and discharges, including in the event of a spill or discharge from equipment containing oil.

4.  Procedures to ensure that specified equipment and materials for containment, clean up and disposal of pollutants and materials contaminated with pollutants, including oil, are available at the property and in a state of readiness at all times to respond to a spill or discharge of pollutants or suspected spill or discharge of pollutants at the property.

5.  Schematic representation of all the storm water management works servicing the site and discharge flow pathways.

11. Section 14 of the Regulation is amended by adding the following paragraph:

6.  If the SWM report contains a spill contingency plan pursuant to subsection 12 (3), the persons who operate the works shall be trained in spill response.

12. Section 16 of the Regulation is amended by striking out “dates, signs and seals” and substituting “dates and signs”.

13. (1) Subsection 17 (1) of the Regulation is amended by adding “other than a storm water management works addressed by a spill contingency plan under subsection 12 (3)” after “storm water management works” in the portion before clause (a).

(2) Subsections 17 (3) and (4) of the Regulation are revoked and the following substituted:

(3) A person engaging in the activity prescribed by section 2 in respect of the storm water management works that is required to ensure the preparation of a spill contingency plan under subsection (1) shall ensure that,

(a)  an inventory of response and clean-up equipment, including a description of the location of the equipment and any dates of maintenance or replacement of the equipment, is available to any person engaging in the activity at the works; and

(b)  the spill contingency plan is implemented, including in the event of a spill of pollutants at the property on which the works is located resulting in pollutants entering the works or discharging from the works into the natural environment.

14. Section 18 of the Regulation is amended by adding the following subsection:

(2) Despite subsection 3 (1) of Ontario Regulation 245/11, if the only information included in a SWM report that is no longer complete or accurate is information that is required as a result of amendments made by Ontario Regulation 234/26, no update to the SWM report is required until such time as additional information is no longer complete or accurate.

15. (1) Paragraph 2 of subsection 20 (2) of the Regulation is revoked and the following substituted:

2.  That any specified documents or records, in addition to those mentioned in subparagraphs 1 i to iii of section 21, be created in respect of monitoring.

(2) Subsection 20 (4) of the Regulation is revoked and the following substituted:

(4) The person to whom the notice is given shall comply with the notice and, if it includes a requirement respecting the preparation of a monitoring plan, ensure that the monitoring plan is filed in the Registry either through an updated SWM report or an addendum to the SWM report.

16. (1) Paragraph 1 of section 21 of the Regulation is amended by adding “or section 20” after “11 (2)” in the portion before subparagraph i.

(2) Section 21 of the Regulation is amended by adding the following paragraph:

7.  Records relating to the spill response training mentioned in paragraph 6 of section 14 and paragraph 3 of subsection 17 (2).

17. Section 24 of the Regulation is revoked and the following substituted:

Documents, records to be retained for minimum of five years

24. A person who engages in an activity prescribed by section 2 in respect of a storm water management works shall ensure that a copy of the following documents and records are retained by the owner for a minimum of five years from the day on which they were created or, if the documents or records are updated, five years from the last day on which they were updated:

1.  Any documents or records specified under paragraph 2 of subsection 20 (2).

2.  Records mentioned in paragraphs 1 to 5 and 7 of section 21.

18. Subsection 26 (1) of the Regulation is revoked and the following substituted:

(1) If an application for approval to engage in an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act that is prescribed by this Regulation for the purposes of subsection 20.21(1) of the Act is submitted to the Director on or before the day the provision of a regulation that results in the activity being prescribed comes into force and the Director did not make a decision with respect to the application before that day, the application is exempt from subsections 20.2 (3) and 20.3 (2) of the Act.

Commencement

19. This Regulation comes into force on the later of September 1, 2026 and the day this Regulation is filed.