Regulation - LGIC

Planning and reporting changes under the toxics reduction program and Ontario Regulation 455/09.

Regulation Number(s):
Ontario Regulation 455/09
Instrument Type:
Regulation - LGIC
Bill or Act:
Toxics Reduction Act, 2009
Summary of Decision:
We are making changes to address duplication and overlap with the federal
government's requirements for toxic substances to reduce burden for facilities. Facilities with existing toxics reduction plans will no longer be required to review those plans. In addition, all facilities in Ontario will no longer have new planning or reporting require.
Analysis of Regulatory Impact:
A costing analysis was carried out by the Ministry of the Environment, Conservation and Parks in conjunction with the Ministry of Economic Development, Job Creation and Trade, and it was found that the annual average net savings of this proposal will far exceed the annual average administrative costs.

Current facilities will continue to incur ongoing reporting and related costs of $818,000 until 2021. These costs are offset by the total annual average administrative net savings of approximately $4 million for all facilities to stop planning and for the program to end in 2021 (when the federal government has completed its chemical assessments and taken action on many toxic substances). All cost analysis was calculated as Average Annual Present Value costs discounted at 2.5% over 10 years.
Further Information:
Proposal Number:
18-MECP016
Posting Date:
December 6, 2018
Summary of Proposal:
We propose to:

1. No longer require facilities with existing toxics reduction plans to conduct reviews of those plans;
2. Exempt certain facilities from all future planning and reporting obligations for certain
substances; and
3. Maintain annual reporting obligations for facilities with existing plans.

1. No longer require facilities with existing toxics reduction plans to conduct reviews of those plans

Facilities with existing toxic substance reduction plans would not be required to review these plans. Facilities would still be able to amend their plans and choose to implement toxic substance reduction
options.

2. Exempt certain facilities from all future planning and reporting obligations for certain
substances

These exemptions would impact:
• Facilities that have never planned or reported under the program, but now meet the reporting threshold for one or more toxic substances; or
• Facilities that have been out of the program for three or more years for a toxic substance, but are coming back into the program because they meet a reporting threshold again; or
• Facilities that are currently planning and reporting under the program, and now meet the
reporting thresholds for a new toxic substance at the facility.

We propose that the exemptions for the substances mentioned above would apply to the following obligations:
• Creating a toxic reduction plan;
• Tracking and quantifying toxic substances;
• Annual Reporting on planned reductions; and
• Reviewing the toxic reduction plan.

3. Maintain annual reporting obligations for facilities with existing plans

Only facilities with current plans for substances that meet reporting thresholds would continue to annually report on the amounts of those substances under the Toxics Reduction Program.
Contact Address:
Toxics Reduction Program
40 St. Clair Avenue West
4th floor
Toronto, ON
M4V 1M2
Canada
Effective Date:
April 3, 2019
Decision:
Approved