Amendments to Ontario Regulation 455/09
Bill or Act:
Toxics Reduction Act, 2009
Summary of Decision:
On June 3, 2011 Ontario Regulation 214/11 was filed with the Registrar of Regulations. It amends Ontario Regulation 455/09 (O. Reg. 455/09).
Amendments to O. Reg. 455/09:
1. The Ministry is extending the due date for the Phase I plans and plan summaries by one year, to December 31, 2012, from December 31, 2011.
2. Toxic Substance Reduction Planners - Qualifications, Role and Requirements
A toxic substance reduction plan must be certified by two different individuals: (1) the highest ranking employee at the facility with management responsibilities relating to the facility, and (2) a person with qualifications prescribed by amendments to the regulation (i.e. the toxic substance reduction planner).
Only a person who has the prescribed qualifications and who has been licensed by the Ministry may certify a toxic substance reduction plan. Licences are valid for a term of five years and can be renewed if the planner pays the renewal fee and obtains 60 credits for continuing education and professional development including a minimum of 30 credits for educational courses in combination with teaching and presentations, writing and publishing articles, and preparing a plan or performing one or more functions of a planner. The Ministry may refuse to issue or renew a licence in certain circumstances, and also has the authority to suspend or revoke licences. Licence applicants are able to appeal the Ministry's decision.
3. Administrative Amendments to O. Reg. 455/09
Facilities have the option of including a single certification, by the highest ranking employee and the toxic substance reduction planner, for one document containing multiple plans/reports/records or certifying each plan/report/record individually.
Decision on proposal to revise exemption criteria for dioxins, furans and hexachlorobenzene:
-Based on the comments received, the Ministry has decided not to amend the exemption criteria for dioxins, furans
December 1, 2010
Summary of Proposal:
Extend the due date for Phase I toxic substance reduction plans and plan summaries by one year, to December 31, 2012
The plans and plan summaries, for Phase I substances (listed in Table A of O.Reg. 455/09), would be due by December 31, 2012. These plans and plan summaries would be based on the tracking and quantification data from 2011. The necessary administrative amendments to O. Reg. 455/09 would be made. Please note that the first annual report for Phase I substances would continue to be due to the Ministry by June 1, 2011. This first report would be based on the tracking and quantification data from 2010. In addition, Phase II timelines would remain the same. Phase II plans and plan summaries would be due by December 31, 2013.
The Ministry is also exploring opportunities for additional amendments to O. Reg. 455/09 to streamline administrative requirements, including a single certification for one document containing multiple plans.
Address requirements related to “toxic substance reduction planners”
Only a person who has been licensed by the Ministry would be permitted to certify a toxic substance reduction plan. Licences would be valid for a term of five years. The Ministry could refuse to issue or renew a licence in certain circumstances, and would also have the authority to suspend or revoke licences. Persons would be able to appeal the Ministry’s decision. Planners would be required to make recommendations on toxic substance reduction plans to facility owners and operators, and provide the rationale for those recommendations. A planner's certification must state that the planner is familiar with the processes at the facility that use or create the toxics substance, that the planner agrees with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4 (1) of the Toxics Reduction Act, 2009, and that the plan complies with that Act and O. Reg. 455/09 (General) made under that Act.
Revise the exemption criteria for dioxins, furans and hexachlorobenzene
The Ministry is seeking to revise the exemption criteria for dioxins, furans and hexachlorobenzene and better align with the federal NPRI Notice. The Ministry is proposing to exempt facilities that demonstrate that the concentrations of dioxins, furans and hexachlorobenzene are below the levels of quanitification specified by NPRI not only in the amounts released, disposed and transferred (in current regulation) but also below the levels of quantification for amounts used and contained in product. The rationale for this new proposal is to align with the Toxics Reduction Strategy's objective to reduce the use and creation of toxic substances at the facility.
Senior Policy Advisor
Ministry of the Environment
Environmental Programs Division
Toxics Reduction Project
135 St.Clair Avenue West
Phone: (416) 327-9716
Fax: (416) 326-6679
July 1, 2011