Regulation - LGIC

Proposed Amendments to Ontario Regulation 524/98

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Decision:
On November 22, 2016, the ministry posted a proposal under the Environmental Protection Act (EPA) to amend O.Reg. 524/98 to the Environmental and Regulatory registries that would expand the list of exemptions from section 9 of the EPA. After considering the comments received, a decision has been made to implement the proposal. O. Reg. 14/17, amending O. Reg. 524/98, was filed with the Registrar of Regulations and came into force on February 3, 2017. O. Reg. 524/98 has been amended to exempt the following activities/equipment from requiring approval under section 9 of the EPA:

1. equipment used at public and private schools (primary and secondary);
2. heating, ventilation and air conditioning (HVAC) systems;
3. standby power systems; and,
4. wood fuel burning equipment (rated at 50kW or less).

O.Reg. 524/98 has also been amended to add a French version of the regulation. The above activities/equipment must meet a number of criteria in order to be exempt from section 9 of the EPA such as limits on capacity, specified fuel types etc. If the activity/equipment does not meet the criteria, it will be required to be registered in the Environmental Activity Sector Registry (EASR) or obtain an Environmental Compliance Approval (ECA) from the ministry. As well, the person engaging in certain exempt activities or using certain exempt equipment must ensure that specified operating conditions are met; for example limits on testing and performing maintenance for standby power units.

In addition, as a result of amending O. Reg. 524/98:
-O. Reg. 346/12 (Registrations under Part II.2 of the Act - Heating Systems and Standby Power Systems) has been revoked due to the inclusion of HVAC and standby power systems in the list of exempt activities under O. Reg. 524/98; and
-O. Reg. 349/12 (Registrations under Part II.2 of the Act - Printing) has been amended to change the definition of "standby power system" to have same meaning as in O. Reg. 524/98.
Further Information:
Proposal Number:
16-MOE020
Posting Date:
November 22, 2016
Summary of Proposal:
On June 30, 2016 the ministry posted a technical discussion paper to the Environmental andRegulatory registries (012-7954) for 60 days to gather comments on a proposal outlining changes to the current air and noise approvals process including proposed exemptions from section 9 of the
Environmental Protection Act (EPA). After reviewing comments received on the technical discussion paper, the ministry decided to proceed with the development of draft amendments for the proposed exemptions that include compliance requirements.

The ministry is now seeking comments on proposed amendments to O.Reg. 524/98 ( Environmental Compliance Approvals- Exemptions from section 9 of the Act) to include the following facilities/activities:

-Public and Private Schools (primary and secondary);
-Heating, Ventilation and Air Conditioning (HVAC) Systems;
-Standby Power Systems; and,
-Small Wood Fired Combustors (rated at 50kW or less).

In order to be eligible for the proposed exemption each facility/activity must meet specific criteria. If the facility/activity does not meet the criteria, it will be required to register on the Environmental Activity and Sector Registry (EASR) or obtain an Environmental Compliance Approval (ECA) from the ministry.

If the proposed exemptions with compliance requirements are approved, the current heating systems and standby power systems EASR (O.Reg. 346/12) would be revoked.
Contact Address:
Effective Date:
February 3, 2017
Decision:
Approved