Act

Streamlining environmental permissions for microbreweries and nanobreweries through self-registration and exemptions

Regulation Number(s):
019-4062
Instrument Type:
Act
Bill or Act:
Environmental Protection Act
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
Analysis of Regulatory Impact:
Streamlining permissions ensures that the level of ministry oversight is proportionate with the level of risk presented by microbreweries and nanobreweries to the surrounding community. Eliminating the requirement for microbreweries and nanobreweries to hire a licensed engineering practitioner to complete emissions, noise, odour, and fugitive dust reports prior to registration under the A/E EASR will save these small businesses approximately $20,000. Nanobreweries will save on the cost of emissions, noise, odour, and fugitive dust reports and fees associated with EASR self-registration.
Further Information:
Proposal Number:
22-MECP002
Posting Date:
January 5, 2022
Comments Due Date:
January 29, 2022