Environmental Compliance Tips and Insights

Posted by on Sep 13, 2023 in Blog |

If you have a question about an environmental compliance issue, or would like us to address a specific environmental compliance issue in the future, contact Christopher Paré, P.Geo. at 519-948-7300, ext. 114.

Environmental Compliance Tips and Insights 2022

October: Mandatory Information Request under CEPA

Does the new Mandatory Information Request under the Canadian Environmental Protection Act (CEPA) affect manufacturing companies?

Yes. The announcement in the Canada Gazette will affect manufacturers, importers and others on use and releases of 850 substances identified by the Government of Canada as a priority for information gathering under the Chemicals Management Plan (CMP).

According to the announcement, the scope of the notice will allow Environment and Climate Change Canada and Health Canada to assess information on commercial status, facility information (e.g. releases) and uses of these substances in Canada. “The information collected will inform further prioritization decisions, risk assessment activities and risk management actions, where required.”

If you are notified you must provide the specified information by January 17, 2024.

Sources: Bergeson & Campbell and Canada Gazette.

September: Formaldehyde Emissions from Composite Wood Products Regulations (CANFER)

Who is affected by the CANFER regulations that came into force this year?

CANFER is the Formaldehyde Emissions from Composite Wood Products Regulations.  These regulations affect companies that manufacture, import, or sell composite wood products such as particle board, hardwood plywood, medium density fibreboard, or laminated products.  As stated earlier this year by the Canadian Government, “Since January 7, 2023, CANFER prohibits anyone from importing, selling, or offering for sale, a composite wood product containing formaldehyde, unless they comply with its requirements.”

The new regulation includes emission limits and testing, record keeping, labelling, and reporting.

August: Delisting a Hazardous Waste in Ontario

We generate a listed hazardous waste but our process has changed, can we delist our waste?

You can petition the Ministry of Environment, Conservation, and Parks (MECP) to delist your waste.

According to the MECP/Resource Productivity and Recovery Authority, “A generator or receiver can submit an application to the Ministry to de-list or review the status of a listed waste. Most wastes from specific sources are listed because of the toxicity of the waste’s constituents. However, a listed waste may no longer exhibit hazardous characteristics if a facility uses or processes raw materials differently from the industrial processes that were considered when the listing was developed. These exclusions may be approved if the waste does not have 25 characteristics that are similar to the characteristics of the waste from which it was derived.”

July: ECA Application and Source Protection Areas

Certain ECA applications in Ontario must consider Source Protection Areas (for drinking water).  If within a source protection area, you must identify these four vulnerable areas:

  • Wellhead Protection Area
  • Intake Protection Zone
  • Significant Groundwater Recharge Area
  • Highly Vulnerable Aquifer

See 4.5: Source Protection/Drinking Water Threats

June: Types of Environmental Violations in Ontario

What are the four types of environmental violations in Ontario?

According to the Ontario Ministry of Environment, Conservation, and Parks, there are four specific types of violations that can result in an environmental penalty:

  • Limit exceedance – surpassing the maximum or minimum discharge level as identified in an environmental approval, order or regulation
  • Acute toxicity – when a sample proves to be lethal for a benchmark species such as, rainbow trout or water flea
  • Spill/discharge – an accidental or abnormal release of a pollutant discharged into the natural environment
  • Monitoring and reporting – failing to report a spill or take a sample as required by legislation, regulation or an environmental compliance approval.

May: Expanding Environmental Penalties in Ontario

Did the Ontario MECP issue draft regulations regarding expanding administrative penalties (AMP) for environmental contraventions yet?

The proposed “Expanding administrative penalties for environmental contraventions,” were published in early 2022 but at this time, no draft regulation has been published.  According to a February 28, 2023, blog by the law firm, McMillan, “The expanded AMP scheme will give the Ministry of Environment, Conservation and Parks (the “Ministry”) authority to issue a fine against a party in higher amounts and for a wider range of environmental offences than currently in effect.”

April: Amendments to the Pest Control Products Regulations (Treated Articles)

Have the regulations governing “treated articles” been published?

Yes. Treated articles in Canada can include a wide range of consumer products that have been chemically treated including, mosquito repelling clothing, mattresses, shower curtains, landscape fabric, paints, and detergents.

Amendments to the Pest Control Products Regulations (PCPR) were published in late 2022.

According to the announcement in the Canada Gazette the amendments will

  • Streamline three identified aspects of the application process to reduce the regulatory and administrative burden;
  • Make the five technical changes identified, including the issue raised by the SJCSR (Standing Joint Committee for the Scrutiny of Regulations) outside of the comprehensive review process; and
  • Codify the five processes currently implemented by policy into the PCPR.

For a summary of the amendments, see the January 4, 2023, blog by the law firm, Bennett Jones (“At Long Last—Increased Regulatory Certainty for Treated Articles in Canada”).

March: New Hazardous Products Regulation

Do the new hazardous products regulations (December 15, 2022) come into effect immediately?

Yes, but the amendments will be phased over a three-year period through December 14, 2025.  See “Regulations Amending the Hazardous Products Regulations (GHS, Seventh Revised Edition): SOR/2022-272.”  Also see blog by the law firm Bennett Jones.

February: National Excess Soil Guidance

What is the status of the Excess Soil Guidance from the Canadian Council of Ministers of the Environment (CCME)?

Not to be confused with Provincial Excess Soil Regulations (such as Ontario Excess Soil Requirements), the CCME document is guidance.  The CCME has extended comments on the draft guidance until January 15, 2023. See Excess Soil Reuse Guidance Draft November 2022.

January: Labelling Requirements on Consumer Products

Is the Canadian Government going to implement stricter labelling requirements (warnings) for certain consumer products?

It is being proposed. Environment and Climate Change Canada and Health Canada are proposing to make labelling requirements for products that contain “toxic substances” substantially stricter.  According to the announcement, “Bill S-5 proposes to include in the Act’s preamble a statement recognizing the importance of Canadians having information about the risks posed by toxic substances to the environment or human health, including through the labelling of products.”  The changes would bring warning and labelling requirement closer to those in jurisdictions like California in the United States.  Comments on the proposed labelling requirements end January 12, 2023.


Environmental Compliance Tips and Insights 2022

December: Notice of Intent – Labeling of Substances in Products

What was the proposed action under CEPA published on October 29, 2022?

On October 29, 2022, Canada published in the Canada Gazette a notice of intent (NOI) announcing that it intends to propose actions under the Canadian Environmental Protection Act, 1999 (CEPA).  The proposed action would require the labeling of certain substances that are listed on the CEPA Schedule 1 List of Toxic Substances in certain products, such as cosmetics, cleaning products, and flame retardants in upholstered furniture. This may include presence of a substance and concentration/quantity.

Comments on this NOI are open until January 12, 2023.

See “Notice of intent on the labelling of toxic substances in products, including toxic flame retardants.” Also see blog by Bergeson & Campbell, P.C.

November: Domestic Substance List

If you are expanding your operations or adding a new product line, don’t forget this.

If you are expanding your operations, adding a new product line, or doing anything that will involve new chemical substances, make sure you check the Domestic Substance List (DSL).  According to Environment Canada, “It is crucial that notifiers determine whether the substance to be imported into or manufactured in Canada is listed on the DSL or on the Non-domestic Substances List (NDSL).” If the substance in your new process does not appear on the DSL, it is considered to be new to Canada and is subject to notification.

*The Domestic Substances List is a list of substances manufactured in or imported into Canada on a commercial scale. The original list included approximately 23,000 substances that were in Canadian commerce between January 1984 and December 1986. As of January 2022 there are 28,000 substances.

October: Proposed Regulation PAH in Coal Tar-Based Sealant Products

Is Canada proposing to regulate Polycyclic Aromatic Hydrocarbons (PAH) in Sealant Products?

Yes. In December 2021, the Canadian Government issued, “Proposed regulations for coal tar-based sealant products: consultation document.”

On August 24, 2022, the Government issued, “Share and view ideas: Consultation on proposed regulations for polycyclic aromatic hydrocarbons (PAHs) in sealant products.” Comments are open until October 22, 2022.

The objective of the regulation is to “…reduce concentrations of PAHs in pavement and roofing sealants and reduce their release to levels that are protective of the environment and are protective of human health.”

September: Designated Substance Survey

When would I do a Designated Substance Survey (DSS)?

You would perform a DSS prior to demolition, restoration, or construction on an existing building.  The purpose of the DSS is to protect workers and/or occupants during construction related activity. The list of designated substances you would assess include:

  • Asbestos
  • Benzene
  • Lead
  • Acrylonitrile
  • Mercury Coke Oven Emissions
  • Silica
  • Arsenic
  • Isocyanates
  • Ethylene Oxide
  • Vinyl Chloride
  • PCBs

See O.Reg. 490/09 Designated Substances

August: Record of Site Condition Required Format

Does the (Ontario) Record of Site Condition specify a format for a Phase One Environmental Site Assessment?

Yes. According to the Ontario Government, failure to follow the required format is one of the reasons for delays in approval of a submitted Record of Site Condition.  See Guide for completing phase one environmental site assessments under Ontario Regulation 153/04.

July: Per and Polyfluoroalkyl Substances

Have per- and polyfluoroalkyl substances (PFAS) been found in the environment in Canada?

Yes. PFAS have been detected in… “biota, ocean water, rainwater, snow, food, dust, air, and human serum around the world,” including Canada. See PFAS Hotspots in Canada.  Also, see Dragun’s PFAS Resource Page.

June: Definition of a Contaminant under O. Reg. 153/04

Is sound considered a contaminant under O. Reg. 153/04?

Yes. According to the regulation, a contaminant includes, “…any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an adverse effect.”

May: Phase I ESA or Phase One ESA

Is there a difference between a Phase I Environmental Site Assessment (ESA) as specified by the Canadian Standards Association (CSA Z768-01 R-2016) and a Phase One ESA for a Record of Site Conditions (RSC)?

Yes, there are several differences.  One difference is a Qualified Person (QP) must conduct (or directly supervise) a Phase One ESA for a RSC (O.Reg 153/04).  The CSA Z768-01 does not have specific certification requirements for the assessor.  There are other specific differences in the scope of work. Make sure you specify the intended purpose of the site assessment when you contact Dragun or other consulting firms.

April: MECP Proposed Expansion of Administrative Penalties

Is the Ministry of Environment Conservation and Parks (MECP) expanding penalties for environmental violations?

Perhaps.  The Environmental Registry of Ontario has posted a document, “Expanding administrative penalties for environmental contraventions.”  Comment period closes on March 28, 2022.  If approved, it would cover Environmental Protection Act; Nutrient Management Act, 2002; Ontario Water Resources Act; Pesticides Act; and Safe Drinking Water Act, 2002.

March: NPRI Reporting

When is the reporting deadline for the National Pollutant Release Inventory (NPRI) in 2022?

The reporting deadline is June 1, 2022.  Note: There were some changes announced by Environment and Climate Change Canada last year.  See Notification, Administrative changes to requirements for reporting to the National Pollutant Release Inventory for 2022.

February: Definition of Excess Soils

How does the government of Ontario define excess soils?

“Excess soil is soil that has been dug up, typically during construction activities. It must be moved off-site because it can’t or won’t be reused at the development site” (see Handling excess soils).

For more detailed information on excess soils, see our blogs, short videos, short pre-recorded webinar, or a detailed webinar with legal counsel.  You can also contact Christopher Pare’ at 519-948-7300 Ext 114.

January: Unused Groundwater Well

I found an old production well on our property.  What is the company’s obligation?

According to the government of Ontario, if you have a well on your property, you are responsible for it. Further, as a well owner, you are required to protect the groundwater from contamination. This includes preventing surface water or other foreign materials from entering the well.

The law covers all types of wells:

  • private, residential and domestic wells
  • agricultural, commercial, and industrial wells
  • municipal, communal and public wells
  • test holes and dewatering wells

If you are not using the production well you are required to plug and seal the unused well.





Environmental Compliance Tips and Insights 2021

December: Environmental Legislation In Canada and Ontario

We are going to build a new manufacturing plant in Ontario. This will be our first plant in Canada. What are the major environmental regulations?

The major federal environmental laws include:

  • Canadian Environmental Protection Act
  • Fisheries Act
  • Transportation of Dangerous Goods Act
  • Species at Risk Act
  • Migratory Birds Convention Act
  • Nuclear Safety and Control Act
  • Canadian Environmental Assessment Act

In Ontario, most of environmental requirements are found in the following:

  • Ontario Environmental Protection Act
  • Ontario Water Resources Act

As always, get good environmental counsel (legal and technical).

November: Phase One/Phase I Environmental Site Assessment (ESA)

In Ontario, I have seen references to a Phase I ESA and Phase One ESA; which one is correct?

They are both correct; it depends on your intended use of the Phase One/Phase I ESA.

  • If you are working with a lender to purchase commercial property or for refinancing you may conduct a Phase I ESA as specified in the standard CSA Z768-01.
  • If the Phase One ESA is in anticipation of obtaining a Records of Site Condition (RSC), then you must use the standard specified in Reg 153/04.

They both provide you with an “environmental history” of the subject site and surrounding areas.  However, the differences are important, so make sure you specify before engaging your consulting/advisory firm.

October: RSC Liability Protection

Can liability protection under Records of Site Condition (RSC) be forfeited?

Yes. If the RSC contains false or misleading information, the protection from orders provided by the filing of the RSC on the Registry does not apply and the Ministry may issue any order it deems appropriate (See: Guide: site assessment, cleanup of brownfields, filing of records of site condition). In addition, QPs may also be subject to prosecution and, if convicted, fined for submitting RSCs that are deficient. In a court case related to a filed RSC, a QP was convicted and fined $16,000.

September: Environmental Offenders List

Our company had a violation of our Environmental Compliance Approval (ECA) in Ontario; will our company be added to the Environmental Offenders Registry List?

No. According to Environment and Climate Change Canada, “The Environmental Offenders Registry contains information on convictions of corporations obtained under certain federal environmental laws (emphasis added).  See Environmental Offenders Registry and list of companies on the Registry.

August: Three Phases of Excess Soil Regulation Implementation

What are the three phases/dates of implementing the Excess Soil Regulation (Ontario)?

  1. Phase 1 is in effect (January 1, 2021) and includes provisions relating to waste designation and reuse or disposal of materials.
  2. Phase 2 begins January 1, 2022 and includes requirements for documentation and tracking. It also will include a requirement for filing notice in the Excess Soil Registry.
  3. Phase 3 begins January 1, 2025 and includes restrictions on landfilling soils.

For more information see this pre-recorded webinar: Excess Soil Regulation Summary. You can also contact Chris Pare’, P.Geo.

July: Permit to Take Water

I will be dewatering during our construction project. My pump has a capacity to pump 50,000 litres/day but I will only pump 25,000 litres per day. Do I need a permit to take water (PTTW)?

No.  The PTTW requirements apply to actual, not capacity to remove water. For more information on PTTW, see this brief video.

June: NPRI Reporting Deadline for 2021

Did Environment and Climate Change Canada change the NPRI reporting deadline from June 1, 2021 to September 30, 2021?

Yes.  From the Canada Gazette. “The amendments are made to reflect that the reporting due date for the 2020 reporting year is changed from June 1, 2021, to September 30, 2021. This change is being made to allow those who are subject to the Notice with respect to the substances in the National Pollutant Release Inventory (NPRI) for 2020 and 2021 more time to comply, due to the impact of the COVID-19 pandemic and delays in releasing the new NPRI.”

Note that for reporting year 2021, the deadline reverts back to June 1st (2022).

May: Closing Underground Storage Tanks in Place

I no longer use my Underground Storage Tank.  Do I have to remove it?

Yes, unless you get a variance approved by the Ontario Technical Standards and Safety Authority (TSSA). Otherwise, you are require to remove an unused underground storage tank.

The TSSA may issue a variance to allow an underground tank to be abandoned in the ground. You must submit an application for a variance to the TSSA in order to get approval (Source: TSSA).

April: Stormwater Management

Are there stormwater management regulations in Ontario?

No.  However, the Ontario Government has provided a guidance document Stormwater Management Planning and Design Manual.  Additionally, many communities are establishing stormwater management fees.  Eight Ontario municipalities have stormwater fees: Aurora, Kitchener, London, Markham, Mississauga, Richmond Hill, St. Thomas, and Waterloo (Source: Loopstra Nixon).  Other communities such as Barrie, Ontario, are spending hundreds of millions of dollars to repair the infrastructure and address stormwater.  Check with your local community to see if they have requirements or fees.

March: Environmental Enforcement

Environment and Climate Change Canada (ECCC) issued me a verbal warning. Will I receive something in writing?

Yes. According to ECCC, warnings will always be given in writing. Enforcement officers may initially give a warning orally. This is to be followed as soon as possible by a written warning.

The written warning will contain the following information:

  • the section of the act or regulations involved
  • a description of the alleged offence
  • a statement that, if the alleged violator does not take necessary action, the enforcement officer will consider taking other steps

Warnings do not have the legal force of an order. They are not a finding of guilt or civil liability. In addition, warnings will be taken into account in future responses to alleged violations, and may influence the frequency of inspection.

For more details see Canadian Environmental Protection Act: compliance and enforcement policy: chapter 7


February: Public Pollution Reporting Hotline

Can the public report a spill or incident in Ontario?

Yes, they can and do report spills. The Public Pollution Reporting Hotline is 866-MOETIPS (663877).

According to the MECP, the public can call Ontario’s Spills Action Centre if they witness:

  • pollution spilled on land, in the water or in the air
  • industrial or commercial noise pollution
  • waste being dumped into the natural environment
  • improper disposal of commercial waste

Regulated businesses are to report their spills to Spills Action Centre at 1-800-268-6060 or 416-325-3000.


January: Excess Soils

We have a place to accept our excess soils from our construction project but they likely won’t use the soil for another 3-4 years. Is this acceptable?  

No. Excess soils as defined in On-Site and Excess Soil Management (O.Reg 406/19) requires the beneficial reuse of the excess soil be completed within two years. For more information on excess soils, see our pre-recorded webinar.


Environmental Compliance Tips 2020

December: Environmental Notices

Where do I find notices of proposed changes in environmental laws/regulations in Ontario?

The Environmental Registry. The Registry contains public notices about environmental matters being proposed by all government ministries covered by the Environmental Bill of Rights. The public notices may contain information about proposed new laws, regulations, policies and programs or about proposals to change or eliminate existing ones. It also includes industry permits and approvals.

November: Site Specific Air Quality Standard for Ontario

We may be unable to meet the required air standard. Can we request a site-specific standard?

The Ministry of Environment, Conservation and Parks (MECP) may allow you to submit a request for a site-specific standard. Before setting up a consultation with the MECP for a site-specific standard, you will need the following:

  • Request Form
  • Emission Summary and Dispersion Modelling Report
    • The results from a modelling/monitoring study
    • An assessment of the magnitude and frequency of exceedance of the standard
  • Technology benchmarking report –assessing and ranking technical methods for reductions in the contaminant concentrations and providing an assessment of feasible technologies
  • Economic feasibility analysis (optional)
  • Public consultation report – summarizing the results of mandatory public meetings with the local community
  • Action plan with a schedule of dates/timelines

October: Environmental Permits for New Manufacturing Plant in Ontario

I’m opening a new manufacturing plant in Ontario. What environmental assessments/permits might I need?

Depending on what you are manufacturing, chemicals used, discharges, and a number of other factors, you may need one or more of the following (NOTE: Does not include any potential federal requirements):

  • Environmental Compliance Approval (ECA) or Environmental Activity and Sector Registry (EASR)
  • Permit-to-take water
  • Renewable Energy Approvals
  • Hazardous waste management registration
  • Environmental Assessment (Phase I Environmental Site Assessment)

This list is not exhaustive.

September: Record of Site Conditions – Use of Non-Potable Ground Water

What changes did the MECP recently make to the use of a non-potable ground water conditions at a record of site condition (RSC) property?

Effective July 1, 2020:

  • There is a revised series of steps and documentation requirements, including new certification statements, for the qualified person (QP).
  • Written notification is valid for 12 months (prior to July 1, 2020, the notification was valid for only 6 months).
  • For notifications in a multi-tiered municipality, the QP or property owner now only needs to obtain a no objection letter from the municipality that has authority over the wells or surface water intake that supplies water to the drinking water system. The municipality preparing the no objection letter is responsible for providing a copy to the other municipal tier. Prior to July 1, 2020, the QP was required to notify both tiers.
  • The QP or property owner will now need to seek written consent from the municipality to proceed with the use of non-potable ground water standards if the municipality has consented in writing to the use of non-potable ground water standards and the consent has not been withdrawn for an RSC property:
    1. located in an area designated in the municipal official plan as a well-head protection area or other designation identified by the municipality for the protection of ground water, and/or
    2. where there are one or more wells used or intended for use as a source of water for human consumption or agriculture at the RSC property or within the phase one study area

August: Air Dispersion Models

Did the Ministry of Environment Conservation and Parks adopt new air dispersion models?

Yes. On April 21, 2020 the MECP announced the changes. The ministry has adopted the updated approved air dispersion models under O. Reg. 419/05. Specifically, the changes are AERMOD dispersion model version 19191; AERMET meteorological pre-processor version 19191; and ASHRAE method of calculation described in Chapter 46 of the 2019 ASHRAE Handbook.

July: Transportation of Dangerous Goods

Does Canada’s Transportation of Dangerous Good (TDG) Act apply to my company or to me personally?

The TDG regulations have universal application, with some exemptions. From the Government of Canada: “Canada’s TDG Regulations apply to everyone. They even apply when someone transports dangerous goods such as gasoline, oxygen and propane for personal use.”   Most of the exemptions, which are called “special cases,” are found in Part 1 of the TDG Regulations.

June: Recording Dates in Record of Site Condition

Are there specific “dates” that are important when submitting a Record of Site Condition (RSC)?

Yes. In the RSC, the Qualified Person or QP is required to identify several different dates including: 1) the certification date; 2) the date of the last work on the Phase One Environmental Site Assessment (ESA); and 3) the date of the last work on the Phase Two ESA.

May: MISA Annual Penalty Report

Does the Ontario Ministry of Environment Conservation and Parks (MECP) keep a record of companies who are issued penalties under the Municipal Industrial Strategy for Abatement (MISA) regulations?

Yes. The MECP issues the environmental penalty report by March 31 each year. See Environmental Penalty Annual Report

April: NPRI Reporting

The deadline for reporting under the National Pollutant Release Inventory or NPRI is June 1, 2020.   Where can I learn more about the reporting requirements?

The Government of Canada has several instructional videos on their website where you can learn more.  If you need additional help, contact Christopher Pare at 519-979-7300, Ext. 114.

March: Record of Site Condition

If I am redeveloping an industrial or commercial property in Ontario for residential use, do I need a Record of Site Condition?

In most situations, yes. The Environmental Protection Act requires a Record of Site Condition to be filed before a property can be changed to a new more sensitive use.

In addition, the municipality where the property is located has the authority to request a Record of Site Condition to document the environmental conditions and evaluate the future use relative to municipal regulations.

The Record of Site Condition must be conducted by a qualified person (P. Eng. or P. Geo).

February: Responding to a Fuel Oil Leak or Spill

What if we had an accidental fuel oil leak from a tank on site or a spill during a bulk delivery. What should we do to address this leak or spill?  Is there any guidance from the Technical Standards & Safety Authority (TSSA)?

There are several steps/guidelines outlined on the TSSA website including:

  • Take spill control supplies to the site of the fuel-oil leak or spill (the “incident”).
  • Once at the incident site, assess the incident hazard.
  • Make the installation safe. Stop, minimize and contain the spill or leak.
  • Contact the Spills Action Centre (SAC): 1-800-268-6060; follow the “Guideline for Incident Reporting Criteria for Hydrocarbon Fuels Industry.”

You are encouraged to go to the TSSA website and read their guidance.


January: Environmental Compliance Protection Orders

When can an environmental officer (from Environment and Climate Change Canada) issue an “environmental protection compliance order”?

  • To prevent a violation from occurring.
  • To stop or correct one that is occurring or continuing over a period of time.
  • To correct an omission where conduct is required by CEPA, 1999 or one of its regulations, and that conduct is not occurring.

See “Environmental Protection Compliance Orders.”

Environmental Compliance Tips 2019

December: Designated Substance Survey

What chemicals or materials are evaluated when someone is doing a Designated Substance Survey (DSS)?

According to O. Reg. 490/09 the Designated Substances include the following

  1. Acrylonitrile
  2. Arsenic
  3. Asbestos
  4. Benzene
  5. Coke oven emissions
  6. Ethylene oxide
  7. Isocyanates
  8. Lead
  9. Mercury
  10. Silica
  11. Vinyl chloride

In general, you will want to consider a DSS if there is a potential for exposure (i.e., renovation, demolition, etc.).  A DSS will protect workers and reduce the likelihood that the Ontario Ministry of Labour will issue a stop order.

November: New Generator of Hazardous Waste

We will be generating hazardous waste (as defined in Schedule 1 of Rule 347) at our facility in Ontario, what do I need to do?

Register at the Hazardous Waste Information Network (HWIN). If you have not previously registered, you will be asked to register based on type (Generator, Carrier, Receiver, etc…).  You will also obtain your Ontario Generator Number and establish a password. Caveat: This registration can be complex with multiple questions, so allow sufficient time when registering. You are encouraged to use the technical support service, which can be helpful.

October: New Substance Notification

The new substance required in my manufacturing process is not on the Domestic Substance List, can I still use this substance?

New Substances Notification (NSN) packages must be submitted to Environment and Climate Change Canada prior to importing or manufacturing. There are exemptions, so you need to consult the New Substance Notification requirements.

September: ECA Checklist

Does the Ministry of Environment Conservation and Parks (MECP) have a checklist for the Environmental Compliance Approval (ECA) Submission?

Yes. The MECP has a detailed checklist to assist in the ECA process.  As with any application, details are critical for timely approvals.  Need help with your ECA?  Dragun can help.

August: Permit to Take Water

Do I need a permit to take water from groundwater or surface water?

Maybe.  In general, if you are taking more than 50,000 litres of water per day, you will need a permit. Permits are not required for taking water for the following:

  • For firefighting or other emergency purposes;
  • For domestic use;
  • For farm use (unless the water is used for crop irrigation for crops being grown for sale), and
  • For some water takings where the means of water taking was constructed prior to March 29, 1961. These once “grandfathered” water takings are being phased-in to require a permit.

If you need help with permit to take water, contact Christopher Paré, P.Geo.

July: Compliance with Air Regulations in Ontario

In Ontario, what are the three compliance approaches with respect to air quality regulations?

  1. Meet the general air standard
  2. Request and meet a site-specific standard
  3. Register and meet the requirements under a sector-based technical standard (if available)

See: Rules on Air Quality and Pollution

June: Environmental Emergency Regulations, 2019

Is there a list of the 33 new regulated substances (in Schedule 1) under the Environmental Emergency Regulations (E2)?

Yes, see the list of substances provided by Environment and Climate Change Canada.  If you have questions or need assistance with your E2 Plan, contact our office at 519-979-7300

May: NPRI Reporting

What are the three main factors that determine if I need to submit an NPRI report?

According to Environment and Climate Change Canada, the three main factors are:

  1. The activities that take place at your facility
  2. The total number of hours worked at your facility
  3. The substances manufactured, processed, otherwise used, or released to the environment at your facility

Remember, if NPRI reporting applies to you, your report is due June 1st each year. Because June 1st is on a Saturday in 2019, reports are considered on time if they are submitted by Monday, June 3, 2019.

April: Aboveground Fuel Oil Tanks

When does my aboveground fuel oil tank have to be replaced?

According to the Ontario Technical Standards and Safety Authority (TSSA), “An existing aboveground fuel oil tank is considered approved, provided the tank was installed in accordance with the code at the time of installation.” TSSA also states that as long as the tank is not leaking, there is no age at which the tank must be replaced.  

March: Asbestos

Is asbestos now completely banned in Canada?

Yes and no.  The new asbestos regulations went into effect on December 30, 2018. The regulation prohibits the import, sale, and use of asbestos as well as the manufacture, import, sale, and use of asbestos-containing products, with a limited number of exclusions. See Environment and Climate Change Canada for details.

February: Toxics Reduction Act

Has Ontario’s Toxics Reduction Act been eliminated?

It has been proposed to “…no longer require facilities with existing toxics reduction plans to review those plans, and exempt certain facilities from all future planning and reporting obligations.”   The comment period closes on January 20, 2019.

January: NPRI Reporting

Where do I find the 2018-2019 NPRI Reporting Guide?

The Federal, National Pollutant Release Inventory (NPRI) Guidance from Environment and Climate Change Canada is available on their website.  Your NPRI report is due June 1st each year. Because June 1st is on a Saturday in 2019, your report is “on time” if submitted by June 3rd.


Environmental Compliance Tips 2018


December: Air Dispersion Modelling

When will the old air dispersion models be phased out?

February 1, 2020. “The models in the Appendix to Regulation 346 are being phased out and replaced with new air dispersion models developed by the United States Environmental Protection Agency (US EPA).”  These USEPA models are SCREEN3 and AERMOD. (Note: If you have questions regarding air modelling, contact Dr. Khaled Chekiri, P. Eng.).

See Air Dispersion Modelling Guideline for Ontario.

November: Toxics Reduction Act

What is the “Living List?”

The list of prescribed toxic substances (under the Toxics Reduction Act) is called “the Living List.” According to the MEPC, “This list of prescribed toxic substances is called the Living List because it will change over time. You can get involved by nominating substances you think should be included, removed or changed.”

October: Locating Your District MECP Contact

Where do I find District assistance from the (Ontario) Ministry of Environment, Conservation, and Parks?

Type in your postal code on the District Locator Map to find your district office.

September: Petroleum Spills

I had a small petroleum spill, when do I have to report?

Under the Technical Standards and Safety Authority, you must immediately report to the Director of the Fuels Safety Program if the spill is

  • 100 L at sites restricted from public access (bulk facility, residential properties)
  • 25 L at sites with public access (retail service stations)

Reporting is also required if the spill could

  • Create a hazard to public health or safety
  • Contaminate any fresh water source or waterway
  • Interfere with the rights of any person or,
  • Allow entry of product into a sewer system or underground stream or drainage system

Contact the MECP Spills Action Centre (SAC) at 1-800-268-6060.

August: Environmental Enforcement

If an environmental officer (from MECP/MOECC) comes to my facility, will they collect samples?

Maybe.  It depends on the issue, but sample collection may be part of their inspection process. The Environmental Officer (EO) may also collect information to evaluate compliance and make notes to record details of the inspection.  They may also request to interview staff, review records, tour your facility, take photographs, and copy documents.

You may want your consultant to be present if you have advanced notice.  If not, you will want to carefully document activity during the EO visit.  If appropriate, speak to your lawyer.

July: Domestic Substance List

Consult this list of chemicals when you are expanding or intending to add new chemicals to your process.

The Domestic Substance List. According to Environment and Climate Change Canada, “The DSL is the sole standard against which a substance is judged to be ‘new’ to Canada. With few exemptions, all substances not on this list are considered new and must be reported prior to importation or manufacture in order that they can be assessed to determine if they are toxic or could become toxic to the environment or human health.”

June: ECA Application and Source Protection Areas

Certain ECA applications in Ontario must consider Source Protection Areas (for drinking water). If within a source protection area, you must identify these four vulnerable areas.

  • Wellhead Protection Area
  • Intake Protection Zone
  • Significant Groundwater Recharge Area
  • Highly Vulnerable Aquifer

See 4.5: Source Protection/Drinking Water Threats

May: Designated Substance Survey

I’m getting ready to begin a demolition and renovation of my building. Do I need to do a Designated Substance Survey (DSS)?

The Designated Substance Regulation (O.Reg. 490/09) applies if any of the specified substances (Acrylonitrile, Arsenic, Asbestos, Benzene, Coke Oven Emissions, Ethylene Oxide, Isocyanates, Lead, Mercury, Silica, and Vinyl Chloride) are present and if exposure is likely.  If one or more of the substances are present, then exposure is likely during demolition and renovation.

A DSS will identify if the specified substances are present, and what control measures are necessary to protect workers’ health. If you need to conduct a DSS, contact Christopher Paré, P.Geo.

April: Toxic Substance Reduction Plan (TSRP)

Do (Ontario) Toxic Substance Reduction Plans Require Updates?

Yes.  But thanks to an amendment to O.Reg. 455/09 the first update isn’t required until December 31, 2019. Prior to the amendment, the first round of updates were scheduled for 2018.

Also keep in mind that you may have to update your plan if (1) your chemical use changes or (2) there are regulatory changes by Environment and Climate Change Canada adding chemicals (to the NPRI list) that you use at your plant.  You also have annual progress reporting requirements.

March: Public Reporting of Spills

If someone from the general public witnesses a spill, can they report this spill to the MOECC?

Yes. If witnessed, the public can report spills to the air, water, or land.  They can also report waste dumping activity and noise pollution.  The Ontario Ministry of Environment and Climate Change has established a toll free phone number for the public to report spills: 1-866-MOE-TIPS.

February: NPRI Reporting

Who is required to submit an NPRI Report by June 1st?

If one or more of the NPRI substances was manufactured, processed, or otherwise used at the facility during the year and the total number of hours worked at the facility exceeded the 20,000 hour employee threshold (~ 10 full-time employees), you will need to determine the total amount of each NPRI substance at your facility during that calendar year.

Regardless of the number of hours, these activities must report: waste or sewage sludge incineration, wood preservation, fuel terminal operations, municipal wastewater collection and/or treatment, or pit or quarry operations.

There are other conditions/requirements/penalties of which you should be knowledgeable.  Make sure you understand your company’s potential reporting obligations

January: Greenhouse Gas Reporting

What is the threshold for Greenhouse Gas Reporting?

It is Province and industry dependent, and it is changing.   Environment and Climate Change Canada is proposing a threshold reporting change from 50 kilotonnes of CO2 equivalent (CO2 eq.) to 10 kilotonnes CO2 eq. (for Ontario see “Guideline for Quantification, Reporting and Verification of Greenhouse Gas Emissions Effective July 2017”).


Environmental Compliance Tips 2017

December: Definition of a Hazardous Waste

What is a “hazardous waste” in Ontario?

The definition can be complicated (see Regulation 347 of the Revised Regulations of Ontario, 1990 [General – Waste Management] made under the EPA), but hazardous wastes generally fall into the following categories (analysis of your waste stream may be required for determination):

  • Listed Wastes
  • Characteristic Wastes
  • Pathogenic Wastes
  • PCB Wastes
  • Radioactive Wastes

November: Reasons for an Inspection by MOECC

What are some of the reasons an Environmental Officer from the MOECC might visit your facility?

According to the MOECC, the reasons for a visit include:

      • to evaluate compliance with environmental laws or the conditions of an environmental approval
      • to conduct a routine site inspection
      • in response to a complaint or a referral from another government agency
      • as part of a follow-up inspection from prior violations
      • to assess a spill or environmental incident resulting from business operation

October: MOECC Permits

Three things you need before requesting a permit from the MOECC.

Before requesting a permit, you will need to establish the following

  • A ONe-Key ID
  • A ServiceOntario Account
  • A MOECC Account

September: Reporting Spills

What information do I need to report when there has been a “spill of pollution” in Ontario?

When you call the Spills Action Centre (416-325-3000 or 800-268-6060), you should be ready to provide the following information:

  • Your name and phone number
  • Name of the company or individual responsible for the spill
  • Time and location of the spill
  • Type and quantity of material spilled (if you know)
  • Status of the spill, including actions being taken to control the spill

August: Renewable Energy Permits

Do I need a permit from the MOECC for a renewable energy project?

In general, yes (though there are some exemptions).  According to the MOECC, “By law, you will need a Renewable Energy Approval (REA) from the Ministry of the Environment and Climate Change for most solar, wind or bio-energy projects in Ontario.”

July: TSRP Public Information

Does the MOECC provide a map of every location that submitted a Toxics Substance Reduction Plan?

Yes.  This map lists each location, including links that provide details about the yearly reports.

June: Environmental Emergency Regulations

Am I subject to the E2 Regulations?

The National Environmental Emergency (E2) Regulations apply to, “…any person who owns or has the charge, management, or control of any of the 215 hazardous substances listed in Schedule 1 of the Regulations.”

May: Reporting Spills

When do I need to report spills in Ontario?

According to the Ministry of Environment and Climate Change, by law, you must immediately report the *spill if you:

  • Cause or permit the release.
  • Had control of the substance just before the spill occurred.
  • Are a member of a public agency and the spill hasn’t been reported.

There are exemptions to this requirement (see Ontario Regulation 675/98; Classification and Exemption of Spill and Reporting of Discharges).

Spills Action Centre:  416-325-3000, 1-800-268-6060 (toll-free), or 1-855-889-5775 (TTY).

*“Spills are releases of pollutants into the natural environment from a structure, vehicle or other container that is abnormal in quality or quantity” (MOECC).

April: Stormwater

Does Ontario regulate stormwater discharge?


Stormwater management is currently treated as a policy issue.

Ontario Provincial Policy states, Planning for stormwater management shall:

a) minimize, or, where possible, prevent increases in contaminant loads;

b) minimize changes in water balance and erosion;

c) not increase risks to human health and safety and property damage;

d) maximize the extent and function of vegetative and pervious surfaces;

e) promote stormwater management best practices, including stormwater attenuation and re-use, and low-impact development.

Also see, Ontario Stormwater Management Planning and Design Manual and The Environmental Management and Protection Act, 2010.

It is worth noting that the City of Toronto is considering a stormwater charge for properties in Toronto.

March: Noise Assessment

What are the Noise Assessment Options for an Environmental Compliance Approval (ECA)?

According to the Secondary Noise Screening Methods Guide, there are three noise assessment options that may be used to assess the impact of noise from a facility: 1) the Primary Noise Screening Method, 2) the Secondary Noise Screening Method, or 3) an Acoustic Assessment.  Which method is applicable, will depend on the nature of the facility and the “Points of Reception.”

February: The Environmental Enforcement Act

What is the “Fine Regime” Under the (Federal) Environmental Enforcement Act?

According to Environment and Climate Change Canada, The Environmental Enforcement Act (EEA) provides a “…fine regime to be applied by courts following a conviction under any of the nine environmental acts amended by the EEA.”

January: “Empty Containers”

Under Regulation 347, what is the definition of an empty container?

According to the MOECC, containers (e.g. a drum with waste material) are “empty” when they contain less than 2.5 centimetres of material on the bottom of the container.