Proposed Amendments to Ontario Regulation 455/09 and Policy Options for Enhanced Planning

Regulation Number(s):
Ontario Regulation 455/09
Instrument Type:
Bill or Act:
Toxics Reduction Act, 2009
Summary of Proposal:
Toxic Substance Reduction Planners:

The proposed amendments would prescribe the qualifications that a person must have in order to certify the toxic substance reduction plan.

Only a person who has been licensed by the Ministry would be permitted to certify a toxic substance reduction plan. Licences would be valid for a term of five years and could be renewed if the planner pays the renewal fee and completes the continuing education requirements.

The Ministry could refuse to issue or renew a licence in certain circumstances, and would also have the authority to suspend or revoke licences. Persons would be able to appeal the Ministry’s decision.

Planners would be required to make recommendations on toxic substance reduction plans, and provide the rationale for those recommendations. The purpose of these recommendations would be to:
(a) optimize potential reductions in use/creation of toxic substances at facilities;and
(b) strengthen business rationale for implementation of plan(s).

A planner's certification must state that the planner is familiar with the processes at the facility that use or create the toxics substance, that the planner agrees with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4 (1) of the Toxics Reduction Act, 2009, and that the plan complies with that Act and O. Reg. 455/09(General) made under that Act.

Enhanced Planning:

O. Reg. 455/09 requires regulated facilities to inform their employees of the release of a toxic substance reduction plan summary and report on the same day as they are made available to the public.

In consideration of the comments received through the Environmental Registry and during multi-stakeholder consultations while developing O. Reg. 455/09, the Ministry is consulting on an enhanced toxics reduction planning process that would build on the expertise and experience found in the workplace.

The Ministry invites the public and stakeholders to comment on the following questions:
1. What actions could the owner and operator of a facility take to facilitate broad understanding of the Toxics Reduction Act, 2009 and O.Reg. 455/09 amongst facility employees, including any training that should be provided?
2. What role should employees have in developing and reviewing the plan?
3. What opportunities should the owner and operator of a facility provide to ensure employees participate in developing and reviewing the plan?

In addition, the Ministry would like the public and stakeholders to provide comments on the proposed enhanced planning options listed below, including whether any or all of the proposed approaches should be required by law and/or suggested as best practices in guidance materials?

o Option 1: The owner and operator of a facility would notify all employees, at the start of the planning year that the plan would be developed or reviewed and accept suggestions from employees relating to potential toxics reduction opportunities.

o Option 2: The owner and operator would consult with employees during the development and review of plans,

o Option 3: Each facility would have a Joint Workplace Toxics Reduction Committee with a full advisory role in the implementation of the act and regulation, including in developing and reviewing the plan.
Further Information:
Proposal Number:
Posting Date:
April 1, 2010
Comments Due Date:
May 17, 2010