Regulation - LGIC

Streamlining Low-Risk sewage project approvals

Regulation Number(s):
O. Reg. 525/98
Instrument Type:
Regulation - LGIC
Bill or Act:
Ontario Water Resources Act
Summary of Decision:
Ontario is streamlining environmental permissions and reducing regulatory duplication for projects and activities where environmental risks are low.

Removing the need to obtain an Environmental Compliance Approval (ECA) for certain low risk sewage works, such as foundation drainage from buildings, allows businesses to begin operations and infrastructure projects faster while ensuring that environmental protection is maintained.

The changes also reduce burden for housing and infrastructure projects which supports efforts to create much needed housing supply in Ontario, boosts the province's economy and supports job creation.

The changes align approval requirements with the level of impact associated with low risk sewage works by removing the requirement to obtain an ECA for:
-low impact development works located on residential properties;
-foundation drainage works;
-ultraviolet treatment to control zebra and quagga mussels in water pipes; and
-sewage works related to construction site dewatering.

These sewage works continue to be regulated under other municipal or provincial frameworks such as the permit to take water (PTTW) program and municipal bylaws. Further, these sewage works are a smaller part of larger projects that continue to be subjected to municipal and provincial approvals such as planning approvals, PTTWs and ECAs to ensure that the environment continues to be protected. The ministry also retains the ability to inspect these sewage works to ensure compliance with legal requirements.

The changes allow the ministry to focus its resources on higher risk and more complex sewage works which continue to require an ECA.

To see the rest of the decision details, see ERO posting 019-4456.
Analysis of Regulatory Impact:
The amendments will reduce burden on the regulated community and reduce regulatory red tape for sectors such as housing, development and industrial operations.

The amendments remove the requirement to obtain an ECA for low risk sewage works. This results in an overall reduction in the time, cost and resources that proponents spend on seeking environmental permissions from the ministry.

The changes allow businesses to begin operations and infrastructure projects faster which has benefits to the community. These sewage works continue to be regulated under other applicable municipal or provincial permissions frameworks such as the permit to take water program and municipal bylaws as described above.

The ministry maintains the authority to inspect the sewage works and ensure compliance with all legislative and regulatory requirements and to ensure that the works do not pose an adverse impact.

Depending on the type and complexity of the sewage works, businesses are expected to benefit from savings of $15,000 or more per project. This translates to annualized present value savings of $827,070 a year over 10 years at 2.5%.
Further Information:
Proposal Number:
21-MECP036
Posting Date:
Summary of Proposal:
Purpose of proposed changes:

Ontario is proposing changes that would remove the need to obtain an Environmental Compliance Approval (ECA) for certain low risk sewage works to allow businesses to begin operations and infrastructure projects faster while ensuring that environmental protection is maintained.
Proposed regulatory amendments to the Approval Exemptions Regulation under the Ontario Water Resources Act

Ontario Regulation 525/98 -Approval Exemptions currently exempts certain sewage works from requiring an ECA. The proposed amendments would exempt additional low risk sewage works that have similar environmental impacts to sewage works that are currently exempt under this regulation.

The proposed changes would remove the requirement to obtain an ECA for:
1. low impact development works located on single private residences;
2. foundation drainage works;
3. ultraviolet treatment to control zebra and quagga mussels in water pipes; and
4. construction site dewatering.

The proposed changes would allow proponents to establish and operate low risk sewage works without obtaining an ECA. These changes would reduce duplicative processes since these sewage works would continue to be regulated under other applicable municipal or provincial permissions frameworks such as the permit to take water program and municipal bylaws.
The ministry would maintain the authority to inspect the sewage works and ensure compliance with all legislative and regulatory requirements and to ensure that the works do not cause an adverse impact.

Exempting low risk sewage works allows the ministry to focus its resources on higher risk and more complex sewage works which would continue to require an ECA.

To see the rest of the posting, see ERO posting 019-4456.
Contact Address:
Effective Date:
July 1, 2021
Decision:
Approved