ontario regulation 249/26

made under the

Environmental Protection Act

Made: July 16, 2026
Filed: July 27, 2026
Published on e-Laws: July 27, 2026
Published in The Ontario Gazette: August 15, 2026

Amending O. Reg. 524/98

(ENVIRONMENTAL COMPLIANCE APPROVALS - EXEMPTIONS FROM SECTION 9 OF THE ACT)

1. (1) Subsection 0.1 (1) of Ontario Regulation 524/98 is amended by adding the following definitions:

“dam” has the same meaning as in section 1 of the Lakes and Rivers Improvement Act; (“barrage”)

“standby power source” means equipment that is intended to be used for the purpose of producing power to maintain operating conditions when the power produced by the normal sources of power is cut off or reduced; (“source d’alimentation d’appoint”)

“warehouse and distribution facility” means a building or part of a building that is used solely for the receiving, storing, distributing, shipping or selling of packaged goods, wares and merchandise. (“installation d’entreposage et de distribution”)

(2) The definition of “standby power system” in subsection 0.1 (1) of the Regulation is revoked.

2. (1) Paragraph 26 of subsection 1 (1) of the Regulation is revoked and the following substituted:

26.  A standby power source.

(2) Subsection 1 (1) of the Regulation is amended by adding the following paragraphs:

28.  Kilns used for firing ceramics and art at an art studio or an educational, institutional or commercial facility where the total heat input of the kiln does not exceed 10,000,000 British thermal units per hour.

29.  Any equipment that is used at a warehouse and distribution facility other than,

i.  equipment used to alter, process, manufacture or transform the goods, wares or merchandise, and

ii.  equipment used for the bulk receiving of any of the following unpackaged goods, wares or merchandise:

A.  Grains.

B.  Fertilizer.

C.  Soil.

D.  Seeds.

E.  Animal feed.

F.  Aggregates.

G.  Liquid or gaseous fuels.

30.  Any equipment that is used to manage water levels through the addition or removal of stop logs or gates at a dam.

31.  Any combustion equipment that is used to melt snow or ice on a transit station platform.

32.  A switch heater for a rail track.

(3) Paragraph 5 of subsection 1 (6.1) of the Regulation is amended by striking out “system” and substituting “source”.

(4) Subsections 1 (6.3) and (6.4) of the Regulation are revoked and the following substituted:

(6.3) Nothing in paragraph 29 of subsection (1) affects whether a warehouse and distribution facility is authorized to receive and store fuel solely for the purposes of the on-site fuelling of vehicles and equipment.

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

Condition, standby power source

4. The owner or operator of a standby power source referred to in paragraph 26 of subsection 1 (1) must ensure that the following conditions are met:

1.  The standby power source is used and operated only for the provision of electrical power during power outages or involuntary power reductions or for testing or performing maintenance on the standby power source.

2.  Any electricity generating equipment that is part of the standby power source is used and operated for the purpose of testing or performing maintenance for a maximum of 60 hours in any 12-month period.

3.  Testing and maintenance of the standby power source is conducted in a manner that satisfies the recommendations of the manufacturer of the standby power source and generally accepted standards.

4.  A record is created with respect to the date, time and duration of each occasion when any electricity generating equipment that is part of the standby power source is operated for the purpose of testing or performing maintenance. The record must be retained for at least five years after the day it is created.

Commencement

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