Open for Business Act, 2010, Schedule 7 (Modernization of Approvals)

Regulation Number(s):
Instrument Type:
Bill or Act:
Bill 68, Open for Business Act, 2010, Schedule 7 (Modernization of Approvals)
Summary of Proposal:
The proposed legislation includes provisions to develop and implement a new risk-based Registry and environmental approvals system, including:

Improving environmental protection by focusing resources on activities that pose the greatest risk
Enhancing public transparency through a searchable public information website
Online tools that make applying and obtaining environmental approvals easier for business.
This proposed legislation introduces a more effective environmental approvals process that continues to provide for rigorous protection of the environment. Should the proposed legislation pass, additional regulatory and policy decisions would also be required.

Currently, Certificates of Approval and Provisional Certificates of Approval are issued under sections 9 and 27 of the Environmental Protection Act (EPA) and approvals are granted under section 53 of the Ontario Water Resources Act (OWRA). The proposed legislation introduces a new risk-based approach to environmental approvals by amending the EPA and OWRA. Changes in the approval process would include:

Creation of a registration process for activities specified by regulation. It is anticipated that these activities would be those categorized as lower-risk, standard or less-complex in nature. Remaining activities would be required to obtain an Environmental Compliance Approval.

Modification of the current approvals process to:
Allow for one Environmental Compliance Approval that would cover all media (air, waste and wastewater) for a given facility.
Allow for a single Environmental Compliance Approval for multiple sites or an entire system (e.g., sewage systems)
Provide an opportunity for operational flexibility (i.e., ability for an approval holder to make changes to their operations, within defined limits, without amending their Environmental Compliance Approval)

Harmonize, to the extent possible, legislation for the air, waste and wastewater approvals under the new Environmental Compliance Approval.

Enable regulation-making authority to implement the Registry and new aspects of the approvals process.
Further Information:
Proposal Number:
Posting Date:
June 24, 2010
Comments Due Date:
August 23, 2010