Act
Streamlining environmental permissions for microbreweries and nanobreweries through self-registration and exemptions
Regulation Number(s):
102/23
524/98
524/98
Instrument Type:
Act
Bill or Act:
Environmental Protection Act
Summary of Decision:
Ontario is moving forward with two approaches to remove unnecessary technical reporting to save small breweries time and money:
-a new regulation for breweries making 30,000 hectolitres or less of beer annually that will allow self-registration of the facility's beer production activities without the need for a technical report
-exempting breweries making 3,000 hectolitres or less of beer annually from the requirement to obtain a permission for air emissions
Larger breweries producing more than 30,000 hectolitres of beer annually will continue to be required to self-register under the Air Emissions EASR regulation (O. Reg.1/17) and prepare technical reports.
The new regulation (O. Reg. 102/23) comes into effect on July 1, 2023. Amendments to O. Reg. 524/98 came into effect on May 24, 2023.
-a new regulation for breweries making 30,000 hectolitres or less of beer annually that will allow self-registration of the facility's beer production activities without the need for a technical report
-exempting breweries making 3,000 hectolitres or less of beer annually from the requirement to obtain a permission for air emissions
Larger breweries producing more than 30,000 hectolitres of beer annually will continue to be required to self-register under the Air Emissions EASR regulation (O. Reg.1/17) and prepare technical reports.
The new regulation (O. Reg. 102/23) comes into effect on July 1, 2023. Amendments to O. Reg. 524/98 came into effect on May 24, 2023.
Analysis of Regulatory Impact:
The new regulation and amendments to O. Reg. 524/98 eliminates unnecessary technical reports required under the former regulatory framework. This results in an overall reduction in the time, cost and resources spent on seeking environmental permissions from the ministry. The changes allow businesses to begin operations faster which has benefits to the community.
The estimated total cost savings of these changes for small scale breweries is $7.6 million over the next 10 years.
The estimated total cost savings of these changes for small scale breweries is $7.6 million over the next 10 years.
Further Information:
Link to Environmental Registry
Proposal Number:
22-MECP002
Posting Date:
January 5, 2022
Summary of Proposal:
The Ontario government is focused on supporting the growth of new and existing small businesses. Microbreweries and nanobreweries are small businesses that provide economic opportunities for:
- entrepreneurs
- local employment
- the tourism and hospitality industry
The ministry completed a technical assessment of the daily and annual beer production from small-scale breweries. The ministry found that microbreweries and nanobreweries, using standard processes and operating within daily and annual production limits, are expected to comply with ministry air emission limits.
The technical assessment also found that potential nuisance odour and noise from these facilities can be mitigated by common operational practices and equipment. Therefore, the ministry is proposing to remove the regulatory requirement for microbreweries and nanobreweries to complete unnecessary facility specific air emissions, odour, noise and dust reports.
The ministry is proposing to help remove unnecessary technical reporting requirements for microbreweries by implementing an Environmental Activities and Sector Registry (EASR) regulation specific to microbreweries. The EASR would require microbreweries to:
self-register
follow standard operational requirements that will mitigate potential impacts on the surrounding community from air emissions and nuisance odour, noise and dust
The ministry is also proposing to exempt nanobreweries from self-registration requirements as their low level of beer production is expected to comply with ministry emission limits. A Best Management Practices (BMP) document would inform nanobreweries on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts on the surrounding community.
This proposed approach:
- reduces burden and cost on microbreweries and nanobreweries
- aligns with ministry oversight that is proportional with potential risks to the environment and human health
Additionally, the ministry is proposing to clarify that the current exemption to commercially produce beer without requiring an environmental permission or self-register exclusively applies to brew pubs.
Discussion paper and best management practices document
The ministry has included a discussion paper as part of this ERO proposal posting to support the proposal to streamline environmental permissions for microbreweries and nanobreweries through self-registration and exemptions. This discussion paper includes the full list of proposed eligibility and operational requirements for an EASR specific to microbreweries and conditions related to the proposed exemption for nanobreweries.
Also included in this proposal is a best management practices (BMP) document to support nanobreweries in making decisions on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts from the facility on the surrounding community. The BMP document will also inform on practices that can be followed should a complaint related to nuisance odour, noise and/or dust occur.
To see the rest of the posting, see ERO posting Number 019-4062
- entrepreneurs
- local employment
- the tourism and hospitality industry
The ministry completed a technical assessment of the daily and annual beer production from small-scale breweries. The ministry found that microbreweries and nanobreweries, using standard processes and operating within daily and annual production limits, are expected to comply with ministry air emission limits.
The technical assessment also found that potential nuisance odour and noise from these facilities can be mitigated by common operational practices and equipment. Therefore, the ministry is proposing to remove the regulatory requirement for microbreweries and nanobreweries to complete unnecessary facility specific air emissions, odour, noise and dust reports.
The ministry is proposing to help remove unnecessary technical reporting requirements for microbreweries by implementing an Environmental Activities and Sector Registry (EASR) regulation specific to microbreweries. The EASR would require microbreweries to:
self-register
follow standard operational requirements that will mitigate potential impacts on the surrounding community from air emissions and nuisance odour, noise and dust
The ministry is also proposing to exempt nanobreweries from self-registration requirements as their low level of beer production is expected to comply with ministry emission limits. A Best Management Practices (BMP) document would inform nanobreweries on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts on the surrounding community.
This proposed approach:
- reduces burden and cost on microbreweries and nanobreweries
- aligns with ministry oversight that is proportional with potential risks to the environment and human health
Additionally, the ministry is proposing to clarify that the current exemption to commercially produce beer without requiring an environmental permission or self-register exclusively applies to brew pubs.
Discussion paper and best management practices document
The ministry has included a discussion paper as part of this ERO proposal posting to support the proposal to streamline environmental permissions for microbreweries and nanobreweries through self-registration and exemptions. This discussion paper includes the full list of proposed eligibility and operational requirements for an EASR specific to microbreweries and conditions related to the proposed exemption for nanobreweries.
Also included in this proposal is a best management practices (BMP) document to support nanobreweries in making decisions on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts from the facility on the surrounding community. The BMP document will also inform on practices that can be followed should a complaint related to nuisance odour, noise and/or dust occur.
To see the rest of the posting, see ERO posting Number 019-4062
Contact Address:
Client Services and Permissions Branch (Policy and Program Development Section)
Address
135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada
Address
135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada
Royal Assent Date:
July 1, 2023
Decision:
Approved