The Ministry of the Environment is making steady progress on its
2 plus year program to modernize environmental approvals. This
month, they have posted four draft regulatory amendments for public
Amendments to O. Reg. 681/94
(Classification of Proposals for Instruments) under the
Environmental Bill of Rights will update the Bill of Rights public
consultation requirements to match the new approvals structure,
once it comes into force. It will also clarify which minor and
temporary approvals do not require public consultation.
The requirement to classify instruments, and the process for
classification, are set out under sections 19 and 20 of the
Environmental Bill of Rights. Existing classifications for
proposals for approvals under section 9, 27 and 31 of the
Environment Protection Act and subsection 53 (1) of the Ontario
Water Resources Act would be revoked, as approvals would no longer
be issued under these sections.
Proposed Class I Proposals for Instruments
Proposals for orders issued under s. 20.23 (2) on grounds set
out in clause 20.23 (1) (a) or (b) of the Environmental Protection
Act are proposed as Class I instruments. These orders would be
issued to suspend or remove a registration for compliance reasons
(e.g., non-compliance with a regulatory requirement, providing
false or misleading information when registering, etc.)
Proposed Class II Proposals for Instruments
Proposals for environmental compliance approvals issued under
Part II.1 of the Environmental Protection Act are proposed as Class
II instruments. These approvals replace the approvals under
sections 9 and 27 of the Environmental Protection Act and
subsection 53 (1) of the Ontario Water Resources Act. The
discretionary hearings provision under s. 20.15 of the
Environmental Protection Act applies to applications for approvals
under Part II.1.
Proposed Class II Exceptions
For transition purposes, an exception for those approval
proposals that were posted on the Environmental Registry as Class I
proposal instruments prior to the date that these amendments to O.
Reg. 681/94 come into effect.
The following are proposed exceptions to the classification of
environmental compliance approvals, where the proposed approval
would only cover one or more of the items listed. Generally, these
exceptions mirror the exceptions for approvals under sections 9 and
27 of the Environmental Protection Act and subsection 53 (1) of the
Ontario Water Resources Act in the current regulation.
A proposal for an approval that would set limits for the discharge
of specific contaminants from a discharge point where there is
already an Environmental Compliance Approval relating to the
discharge point and the proposed approval would not permit an
increase in the discharge of any of the specific contaminants from
the discharge point would be excepted.
For approvals related to activities under section 9, a proposal
for an approval would be excepted for:
i. A discharge of a contaminant from any one discharge point for
a total of less than 10 hours in any seven-day period
ii. A discharge of a contaminant resulting from the preparation
of food at a site for the purpose of selling the food at the site
at retail or distributing it at the site free of charge.
iii. A discharge of a contaminant resulting from operating
combustion equipment, if the equipment is not fired with fuel
derived from waste, other than wood waste, and is not operated for
the purpose of generating heat or electricity for sale.
iv. A discharge of a contaminant from a storage tank or
For waste related approvals, a proposal for an approval would be
i. An organic soil conditioning site within the meaning of
Regulation 347 of the Revised Regulations of Ontario, 1990,
ii. Operating a waste disposal site for household hazardous
waste for a period of not more than 12 days per year.
This regulation is open for public comment
until May 13.
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