Why your facility can be inspected

Environmental compliance officers and water compliance officers are provincial officers who have the legal authority to enter your facility at any time to ensure compliance with Ontario’s environmental laws.

There are several reasons why an officer may visit your facility:

  • to evaluate compliance with environmental laws or the conditions of a permission
  • to conduct a routine site inspection
  • in response to a complaint, or a referral from another government agency
  • as part of a follow-up inspection from prior violations
  • to assess a spill or environmental incident resulting from business operations

Generally, an officer will schedule the inspection in advance by consulting with you.

Sometimes, an officer may visit your facility unannounced, for example, in the event of a spill or an unregulated release to the environment.

When the officer arrives at your facility they will:

  • identify themselves
  • ask to speak to the person in charge, or a facility operator/environmental coordinator
  • explain the purpose of the inspection and any areas that may be of specific concern

Environmental and water compliance officers are committed to performing their duties according to the Regulator’s Code of Practice.

The code:

  • is risk-based and compliance-focused
  • promotes a fair and consistent regulatory environment
  • is focused on achieving positive outcomes for Ontario’s people, environment and economy

Code of conduct

We all want to work in a healthy and safe environment where we feel respected. We ask that you help create that environment by being respectful to our ministry staff when they visit your location.

The government has a leading role to play in eliminating systemic racism and ensuring a healthy and safe work environment for all Ontarians, including ministry staff. When a ministry staff person is working anywhere onsite, that location becomes their workplace where they must be safe and respected.

Hate, racism, discrimination and harassment will not be tolerated. Ontario government employees have a duty to report when they are treated with disrespect by clients, and the Ontario government as their employer has a duty to address those situations.

We are committed to promoting interactions that are inclusive and support dignity and respect. Working together we can help ensure that interactions are respectful and safe for everyone.

During the inspection

The officer will collect information to evaluate compliance, and make notes to record details of the inspection. The officer may:

  • ask to interview staff
  • review records
  • tour the facility
  • collect samples
  • take photographs
  • copy documents

Depending on the purpose of the inspection, the officer will look at some or all of the following:

  • facility operations
  • waste management systems
  • air emission discharge points
  • wastewater discharges
  • pollution control equipment
  • water treatment and distribution systems

In addition to the facility tour and interview, the officer has authority to access and copy relevant records, such as:

  • process or equipment information
  • operation log books
  • equipment maintenance records
  • environmental reports
  • analytical results or records for
    • wastes
    • drinking water
    • air emissions
    • wastewater discharges
  • other environmental data required to be held by your facility

Inspection video and resources

Knowing what to expect before, during and after an environmental inspection helps you be better prepared for a site visit by an officer.

This inspection video shows you what to expect during a typical wastewater inspection at an Ontario winery.

  • it takes a close look at the wastewater and sewage works onsite
  • it shows what happens during an inspection, what will be examined, and what records and information will be reviewed

Tips to prepare for the inspection

Know all aspects of your facility’s operation. For example, know where all the drains discharge.

Know what approvals and permits your business has or requires.

Keep your environmental records organized and readily accessible. This will keep inspection time to a minimum.

Know what consultants are doing on your behalf.

Provide accurate answers and information to the officer. If you do not know the answer, either:

  • obtain the answer from someone who can respond
  • tell the officer when and how you will get an answer

If you have any questions or if something is not clear, ask the officer for clarification at any time during the inspection. Also, be sure to inform the officer of your site safety procedures.

Check your facility’s compliance

Complete a self-assessment of your facility to ensure you are operating in compliance with environmental laws:

A self-assessment can help you identify ways to:

  • improve your facility’s compliance
  • improve resource management
  • reduce pollution
  • reduce operating costs

Ontario’s environmental laws

If you operate a business in the province, environmental officers can visit your facility at any time to monitor compliance with Ontario’s environmental laws, such as:

Rules and requirements

Find out about the different types of environmental permissions you may need and how to apply for each:

Your activity may also be subject to requirements under other programs and services administered by the Ministry of the Environment, Conservation and Parks:

Know the rules for:

You are encouraged to contact your local district or area office of the ministry as a first step to discuss what permissions may apply to your operations.

After the inspection

After the inspection, the officer will meet with you to review the observations and request clarification, if needed. The officer will also tell you if more information is required and will arrange with you how that information will be provided.

The officer will tell you about any non-compliance and explain the next steps to be taken.

Sometimes it takes several days to complete a final compliance evaluation. The officer will advise when to expect a report.

Tools to support compliance

If your facility’s operation complies with environmental legislation, the officer will take no action unless pollution prevention measures are necessary.

Every non-compliance situation will be promptly evaluated to determine whether it constitutes:

  • a known or anticipated human health or environmental impact (e.g. emergency or spill)
  • a potential, uncertain environmental hazard

Immediate action

If an emergency or spill poses an immediate danger to human health or to the environment such that immediate action is warranted – the officer may force action, including curtailing or stopping a company’s operations. Report a spill.

If the officer believes there is an environmental impact or an immediate danger to human health or to the environment – but the nature of the problem is uncertain (e.g. buried hazardous wastes) the officer may require you to take action to identify the nature and extent of the problem.

Abatement plan

In other non-compliance situations, you could receive a verbal or written request to correct the situation within a certain time period. Such requests are typically used for minor issues.

An abatement plan is an important voluntary abatement tool. Since an abatement plan is undertaken by the person voluntarily, the failure to carry out a plan is not an offence. However, such a failure may be grounds for issuing a control document to require the person to carry out the plan.

Part 1 - Ticket

Some non-compliance may warrant a ticket under Part I of the Provincial Offences Act. These are similar to speeding tickets and have pre-set fines.

Provincial Officer Order

The officer may issue a Provincial Officer Order to deal with serious non-compliance. An Order is a legal document that sets out obligations for a specific person or persons in relation to a specific operation.

Investigation

If the officer believes there is serious non-compliance, the matter may be referred to the ministry’s Environmental Investigations and Enforcement Branch for investigation and potential prosecution:

  • if the ministry lays charges, then you will receive a Part III Information and Summons under the Provincial Offences Act
  • the penalties that may be imposed upon conviction are more severe than those under a Part I ticket