Regulation - LGIC

Waste Management System EASR Expansion: Streamlining Permissions for Waste Management Systems Under the Environmental Activity and Sector Registry.

Regulation Number(s):
Ontario Regulation 352/12
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Proposal:
Ontario is working to create smarter and more efficient environmental permissions processes that reduce unnecessary burden for businesses and maintain our province's strict environmental standards.

Moving additional waste management systems to the existing Environmental Activity and Sector Registry (EASR) provides a more flexible approval process and allows businesses to begin operations faster.

The EASR is an online self-registration system that allows businesses engaging in certain activities described in the Regulations that are routine and well understood to register with the ministry. If certain eligibility criteria and operational requirements set out in the Regulations are met, businesses can register on the EASR rather than applying for an Environmental Compliance Approval (ECA) through the normal application submission and review process.

Proposed regulatory amendments to Ontario Regulation 352/12 Registrations Under Part II.2 of the Act - Waste Management Systems made under the Environmental Protection Act

The ministry is proposing to streamline the approval process for certain waste management systems by expanding the existing eligibility criteria under Ontario Regulation 351/12 to include waste management systems that manage the following wastes:

- Asbestos waste as defined in Regulation 347.
- Biomedical waste as defined in the ministry publication "Guideline C-4: The Management of
Biomedical Waste in Ontario."
- Treated biomedical as defined in the ministry publication "Guideline C-4: The Management
of Biomedical Waste in Ontario."
- Hazardous waste as defined in Regulation 347.
- Liquid industrial waste as defined in Regulation 347.
- Waste that was characteristic waste but that has been treated so that it is no longer
characteristic waste, if the waste may not be disposed of by land disposal pursuant to
subsection 79 (1) of Regulation 347.

The proposal would also expand the list of waste activities to include:
- In-transit storage of waste based on waste types and operations.

The ministry is also considering the removal of financial assurance requirements that currently apply only to PCB and Biomedical waste haulers, and instead require all eligible waste management systems to carry an insurance policy for the liability resulting from spills.

In addition, due to the complexity of handling various waste types with different risks, the regulatory proposal also includes technical and operating requirements for each waste type that support the protection of the environment and the public. The requirements cover truck operation and identification, record keeping, documentation, training, and insurance.

To see the rest of the posting, see ERO posting Number 019-6963
Analysis of Regulatory Impact:
The proposal is expected to reduce burden on the regulated community and reduce regulatory red tape for the waste management systems sector.

The amendments would remove the requirement to obtain an ECA for additional waste management systems that meet the eligibility criteria of Ontario Regulation 351/12, including the ones that transport asbestos waste, biomedical and treated biomedical waste, liquid industrial and hazardous waste, and waste that was characteristic waste but that has been treated so that it is no longer characteristic waste. This would result in an overall reduction in the time and resources that businesses spend on seeking environmental permissions from the ministry.

Online self-registration through the EASR allows businesses to proceed with their activities faster upon registration, removing the requirement for a ministry review. This means companies don't have to wait up to a year for an approval and instead can proceed once registered.

The ministry would retain its ability to inspect activities and ensure that they are complying with all relevant environmental standards and requirements.
Further Information:
Proposal Number:
23-MECP020
Posting Date:
August 31, 2023
Comments Due Date:
October 30, 2023