Regulation made under the Toxics Reduction Act, 2009

Regulation Number(s):
Regulation 455/09
Instrument Type:
Bill or Act:
Toxics Reduction Act, 2009
Summary of Decision:
On December 4, 2009 a new regulation made under the Toxics Reduction Act, 2009 was filed with the Registrar of Regulations as Ontario Regulation 455/09.

In consideration of the comments received, the regulation was filed with the following changes:

-Requirement to conduct uncertainty analysis on tracking and quantification methods was removed.
-Clarified that the first report will not include information related to plan implementation and comparison to previous report.
-Clarified and streamlined the regulation (e.g. streamlined the toxic substance reduction plan review requirements into one section).
-Requirement to provide notice to employees of the intention to release a toxic substance reduction plan summary and report, on the same day they are made available to the public, was added.
-For clarification, end-use products intended for human or animal consumption are not prescribed as toxic substances.
-Clarified language concerning selection of estimation methods to enable facilities to consider economic factors and industry standards.
-Requirement for the anticipated date by which the estimates of reduction would be achieved, was added.
-Requirement that facilities may provide the rationale for selecting the option(s) that they will implement.
-Clarified that there is no requirement to estimate the reductions in or report on contained in product for substances listed in Parts 4 and 5 of the NPRI Notice and acetone.

On April 1, 2010 a technical amendment to Ontario Regulation 455/09 was filed with the Registrar of Regulations. The amended regulation includes a rolling incorporation to the Federal NPRI Notices.

The Ministry will continue to work with stakeholders and the public to develop regulations to provide detail on the toxics reduction planners, requirements related to substances of concern and substance of concern reports and all interested parties will have an opportunity to provide comments.
Further Information:
Proposal Number:
Posting Date:
September 21, 2009
Summary of Proposal:
The purposes of the Toxics Reduction Act, 2009 are to prevent pollution and protect human health and the environment by reducing the use and creation of toxic substances, and to inform Ontarians about toxic substances.

The Act applies to all Ontario facilities where, in accordance with the regulations, a toxic substance appearing on a prescribed list of substances is used or created, the amount of the prescribed toxic substance used or created exceeds a specified threshold, more than a prescribed minimum number of persons is employed, and the facility belongs to a prescribed sector.

The Act requires facilities to:

- Track and quantify the toxic substances used or created at the facility;
- Prepare a toxic substance reduction plan (plan) for each toxic substance used or created at the facility and have the plan certified both by the highest ranking employee at the facility with management responsibilities and by a proposed accredited toxics reduction planner;
- Prepare summaries of their plans and make them available to the public in accordance with regulations;
- Report to the Ministry on their progress in reducing toxic substances and make certain information available to the public in accordance with regulations; and,
- Report to the Ministry on any substances of concern used or created at the facility.

The proposed regulation outlines the proposed content of the regulation and builds on the approach consulted on in the Discussion Paper, “Creating Ontario’s Toxics Reduction Strategy” (August, 2008), and on input received from stakeholders, the Toxics Reduction Scientific Expert Panel, and the public through consultations in the development of the Act. The Ministry is soliciting comments from Ontarians to ensure their questions and opinions are considered.
Contact Address:
Daniella Molnar
Senior Policy Advisor
Ministry of the Environment
Integrated Environmental Policy Division
Strategic Policy Branch
Toxics Reduction Project
135 St.Clair Avenue
Floor 5
Toronto Ontario
M4V 1P5
Phone: (416) 327-9714
Effective Date:
January 1, 2010