Regulation - LGIC

Environmental assessment requirements for advanced recycling facilities under the Environmental Assessment Act (EAA)

Regulation Number(s):
101/07
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Assessment Act, R.S.O. 1990
Summary of Proposal:
Ontario is committed to supporting technologies that recover valuable resources contained in waste that are currently lost when the waste is sent to landfill. Doing so will address the issue of plastics in our environment and our diminishing landfill capacity and may help us reduce our greenhouse gas (GHG) emissions.
This proposal is associated with, but proceeding separate from, the proposal to move to a project list approach under the Environmental Assessment Act. The project list approach will better align Ontario with other jurisdictions across Canada, who use project lists to determine the types of projects that must complete an EA.

Proposed Updates
We are proposing thresholds for environmental assessment requirements for thermal treatment projects which are engaged in advanced recycling. Including:
• Developing new environmental assessment requirements for advanced recycling by introducing:
o thresholds based on tonnage treated, with an incentive of reduced burden for good performers with a high recovery rate
o an upper threshold that would require very large projects to undergo a comprehensive environmental assessment.
o an 80% recovery rate that incentivizes recovery and not disposal of waste.

• Proposing updates to Part B of the Guide to Environmental Assessment Requirements for Waste Management Projects. The updates will provide guidance on calculating a facility's expected recovery rate and requiring the rate to be included in the Environmental Screening Report for advanced recycling projects.
Analysis of Regulatory Impact:
The RIA analysis shows that there would be net cost savings for some proponents associated with proposed changes related to advanced recycling projects.
Further Information:
Proposal Number:
22-MECP003
Posting Date:
January 17, 2022
Comments Due Date:
February 28, 2022