This past summer, the Ontario Legislature passed The Toxics Reduction Act, 2009 (the Act). The legislation is designed to help prevent pollution and protect human health by reducing the release of toxic chemicals into Ontario’s environment. The Act makes way for the creation of new regulations designed to define the substances to be tracked, types of businesses required to track and report, and provide a schedule as to when facilities are required to take action. In addition to the tracking and reporting of toxic substances, businesses regulated under the Act will likely be required to develop plans to identify ways to reduce toxic substances and prepare summary plans for public review. Regulations are anticipated to initially target manufacturing and mining sectors as they are primarily responsible for the majority of toxic substance releases. Reporting thresholds are anticipated to be consistent with those stipulated in Environment Canada’s National Pollutant Reporting Inventory (NPRI). |
Reporting and tracking requirements set forth in the regulations are proposed to start in 2010. The first phase will require select businesses to report for the 2010 operating year, with the first annual report due in 2011. First phase substances will likely include 31 priority toxic substances, identified under the NPRI for 2006, and 14 priority carcinogens identified by Cancer and Environment stakeholders. The second phase will require reporting in 2012, for the 2011 operating year. Phase two substances will likely include the remaining NPRI (2006) substances in addition to a list of Substances of Concern (SOCs), which consist of substances that pose potential risks that are not fully understood. Reporting will likely be consistent with the NPRI reporting requirements, with annual report submissions through the national One Window for National Environmental Reporting System (OWNERS). A large portion of the Act discusses inspection powers, issuance of fines, penalties and provincial orders. Reporting violations may lead to possible penalties which including a maximum fine of $50,000 for corporations, with fines doubling for repeat offenders. The applicability of fines will be detailed in forthcoming regulations. For further information please contact: info@terrapex.com |