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Opportunities: Environment
Actions in progress
Harmonize firearms as well as small and large game licensing requirements with other provinces
Status: Action in progress
What we heard
The licensing system for firearms and for small and large game are not harmonized with other provinces, which makes it more difficult for hunting or fishing tourism businesses to attract clients from outside of Ontario.
Our plan
The Ministry of Natural Resources and Forestry (MNRF) recently consulted on the development of a new hunting and fishing licensing system as part of the ministry’s ongoing commitment to enhance service delivery. The new licensing system is anticipated to be implemented in late 2018/early 2019. As part of the new licensing system, the ministry is considering a number of changes to modernize hunting and fishing licensing, improve client services, and support sustainable fish and wildlife management. The proposed changes are expected to increase some hunting and fishing opportunities for both residents and non-residents in Ontario by eliminating some licensing burdens and providing more accessible services.
Ontario is a signatory to the Agreement on International Humane Trapping Standards (AIHTS), which requires adherence to scientifically verified and internationally accepted humane practices. These accepted and certified trapping standards/practices are established in law under Ontario’s Fish and Wildlife Conservation Act and trapping regulations. The trapping regulations are periodically updated to ensure they continue to align with AIHTS.
Ontario is also part of the International Hunter Education Association (IHEA), which works to foster a collaborative educational network that sets the foundation for a safe, respectful and responsible hunting community. IHEA supports the development and enrichment of hunter education programming across North America by providing a forum for sharing ideas, resources, and successes.
Firearms licensing in Canada is regulated federally under the Firearms Act. The approach to firearms licensing is consistent across Canada.
Improve the environmental compliance approvals process by streamlining requirements, providing better guidance and enhancing the coordination of multi-ministry approvals
Status: Action in progress
What we heard
The environmental compliance approvals process is complex, time consuming, uncoordinated, inconsistent and lacking sufficient guidance to help businesses understand the process.
Our plan
Ontario is committed to improving the Environmental Compliance Approval (ECA) process. As of July 2017, the province reduced the review time for air and noise ECA applications by 50 per cent compared to 2015.
As of January 1, 2018, Ontario will implement a one-year service standard to make the approval process for higher-risk ECA applications, including all air and noise, sewage works and waste disposal site applications, faster and easier.
Ontario already provides detailed guidance materialto support applicants applying for an ECA. Required fees can be paid by credit card, with receipts sent to applicants.
Ontario will continue to look for opportunities to streamline environmental approval requirements and enhance the coordination across government.
Provide additional information on compliance with cap and trade regulation
Status: Action in progress
What we heard
Provincial cap and trade regulations are too broad and lack sufficient detail. This makes compliance more complicated for businesses.
Our plan
Ontario plans to consult with industry representatives and facilities on the design of the post-2020 cap and trade program. The Ministry of the Environment and Climate Change (MOECC) understands the importance of finalizing those details to give the regulated community greater certainty about the program after 2020.
Discussions with businesses began in August 2016 through webinars, and MOECC has held meetings directly with industry representatives and facilities at their request.
The ministry will further engage stakeholders for input on possible approaches to allocations and setting caps, and will review other program elements for future evaluation. We look forward to working with stakeholders on designing the cap and trade program for future compliance periods.
All regulated facilities are encouraged to visit the online helpdesk for additional information or call the toll-free number for questions specific to the cap and trade program.
Digitize the spill reporting process for wastewater treatment plants and allow for reporting on multiple sites
Status: Action in progress
What we heard
There is a lack of clear spill reporting thresholds listed in the regulations. This makes it harder for businesses to understand the rules. In addition, businesses are unable to report on multiple spills at the same time, which takes more time and can result in mistakes being made.
Our plan
Spills can have major impacts on the environment, human health and the economy. Timely spill reporting is critical to environmental protection, as it ensures the ministry is able to provide proper assessment and coordination of responses. This includes the reporting of pollution and adverse drinking water events, including downstream drinking water treatment systems.
Ontario is currently undertaking a review of the internal business processes that support its environmental compliance program. This review will consider whether digital reporting of sewage bypasses and overflow events could complement the important functions already performed by the province’s Spills Action Centre.
Review the need to develop a Toxic Reduction Plan for mining ore
Status: Action in progress
What we heard
The Toxics Reduction Act requirement for companies to report on toxins naturally found in mining ore is costly and burdensome.
Our plan
Some toxins are a naturally occurring result of a process, these substances are still harmful to the environment and need to be safely managed.
Stakeholders, including regulated facilities, have an opportunity to request a toxic substance’s removal from the prescribed toxic substances under the Toxics Reduction Act through the Ministry of the Environment and Climate Change Living List process.
The Ministry of Environment and Climate Change has proposed changes to the toxic reduction program to make it easier for regulated facilities to report annually, prepare plans and fulfil requirements under the program.
Improve the waste manifest reporting system
Status: Action in progress
What we heard
The waste manifest reporting system is out of date, inefficient and burdensome for businesses.
Our plan
Ontario is committed to providing faster, smarter government-to-business services while protecting the environment. Ontario is working with the hazardous waste regulated community to improve the existing Hazardous Waste Information Network. Modernizing the way waste is managed will meet the needs of today’s businesses by offering an online, user friendly, one-window service that reduces administrative burden and ensures a level playing field for all businesses in the industry. It is anticipated the new service will be completed by 2019.
Improve the Environmental Bill of Rights registry process for mining proposals
Status: Action in progress
What we heard
The Environmental Registry does not involve the public or other ministries in commenting on proposals that affect the environment. The act also does not empower the Environmental Commissioner of Ontario to develop recommendations that ministries are mandated to respond to.
Our plan
Ontario’s Environmental Bill of Rights is an important tool in environmental protection and remains ahead of other Canadian jurisdictions in providing the public with legal rights to know about and participate in decisions that affect the environment.
Ontario is taking steps to improve the Environmental Registry website by making it easier to read, use and navigate.
The Ministry of Environment and Climate Change is working with the Environmental Commissioner’s Office and other partners to ensure the best possible experience for people who want to learn about and comment on environmental issues affecting their communities.
It is anticipated the new registry will be ready in 2018.
Review the data submission process for the licence to collect fish for scientific purposes
Status: Action in progress
What we heard
The process to gather data for a licence to collect fish for scientific purposes is too onerous.
Our plan
The Ministry of Natural Resources and Forestry will review the policy on licences to collect fish for scientific purposes and develop an updated electronic reporting form over the next 12 months.
Actions tracking
Reduce the number of Forest Resource Licences required
Status: Action tracking
What we heard
The current approach of issuing Forest Resource Licences is administratively complex and adds unnecessary burdens on businesses, especially where more than one licence may be needed for a mining site.
Our plan
The rules, requirements and limitations regarding the issuance of a Forest Resource Licence (FRL) are set out in the Crown Forest Sustainability Act, 1994 (CFSA) and its regulations, as well as Ministry of Natural Resources and Forestry (MNRF) policy. Pursuing streamlining improvements may require amendment of the CFSA and its associated regulations, as well as MNRF policy.
MNRF will review these requirements to investigate opportunities to streamline licensing in circumstances where forest resources are required to be removed to facilitate non-forest management land uses or activities, with the objective of reducing burdens (e.g., costs to stakeholders), while ensuring environmental, social, and economic risks are acceptable.
Potential burden reductions will benefit the mining sector and others, such as renewable energy, communications, gas and hydro utilities.
In 2017, MNRF aims to complete an initial investigation of the issue, identifying options and evaluating benefits and risks. Implementation of potential improvements cannot be forecasted until a preferred option is identified and all of the required changes (e.g., statute, regulation, policy) are analyzed.
Simplify and streamline the dam permitting process by improving coordination among ministries
Status: Action tracking
What we heard
The dam permitting process involves three different ministries as well as local conservation authorities. In addition, the process is not coordinated and lacks clear timelines. This increases compliance costs for businesses.
Our plan
In August 2017, the Ministry of Natural Resources and Forestry (MNRF) updated the Lakes and Rivers Improvement Act Administrative Guide. The Guide provides an overview of the Lakes and Rivers Improvement Act (LRIA), its application and the process for seeking ministry approval to construct, alter, improve or repair dam infrastructure. Specific to the application of the LRIA to mine tailing dams, the Guide clarifies that mine tailings dams not constructed in a lake or river are not within the legislative scope of the LRIA.
MNRF will work with Ministry of Northern Development and Mines (MNDM) to develop a short term transition plan between ministries and clarify legislative roles and responsibilities. MNDM will work with the Ministry of the Environment and Climate Change (MOECC) to ensure that there is no duplication between MNDM requirements and those included within the MOECC Environmental Compliance Approval conditions.
Apply a risk-based approach to identify low-risk mining-related activities that could be included in the Environmental Activity Sector Registry process
Status: Action tracking
What we heard
The Ministry of the Environment and Climate Change made changes to the Environmental Activity Sector Registry (EASR), which means that mining companies cannot use the EASR, even for low-risk activities.
Our plan
The Ministry of the Environment and Climate Change (MOECC) does not apply a single, blanket approach to regulating the mining sector. Rather, the ministry assesses and then regulates specific activities using an evidence- and risk-based approach.
Prior to January 31st, 2017, the mining sector was allowed to register certain low risk activities. These activities have since been fully exempted from any ministry approvals, including the need to register. This has reduced the burden on the mining industry.
MOECC will continue to work with partner ministries such as the Ministry of Northern Development and Mines and the Ministry of Natural Resources and Forestry to further examine opportunities to streamline approvals for the mining sector.
Mining activities are generally considered to be complex and therefore do not lend themselves well to standardized rules that are included in EASR regulations.
Due to the complexity of other activities in the mining sector, a more comprehensive environmental approvals process is required to ensure the health of communities and the environment are properly protected.
For proponents that require an environmental compliance approval, the ministry offers an opportunity for pre-consultation meetings where case specific-issues can be addressed and additional guidance provided.
Review water quality objectives and determine if requirements should be based on regional geography
Status: Action tracking
What we heard
Current provincial water quality objectives were established for the Great Lakes region and may not be appropriate for all regions. These rules create additional burden for businesses operating in other areas of the province such as the Canadian Shield.
Our plan
The Province Water Quality Objectives (PWQO) were put in place to ensure water quality is protected, preserved and sustainable for future generations. When incorporated into legal instruments such as Environmental Compliance Approvals (ECAs), these standards are the minimum requirements businesses operating within watersheds must meet.
In some cases, site specific objectives can be developed and incorporated into the ECAs for businesses to follow. This approach has been used for new mine discharges.
Ontario will continue to work collaboratively with the Canadian Council of Ministers of the Environment to ensure national water quality criteria protect the environment.
Create an explicit Terms of Reference document at the environmental approvals permitting phase to ensure a systematic approach and improve overall timelines
Status: Action tracking
What we heard
The environmental approvals process does not have defined terms of reference. This can contribute to inconsistency in what businesses are required to provide to support their permitting application and increases timelines for getting approvals.
Our plan
While mines themselves are not captured under Ontario’s Environmental Assessment Act, components of the projects, such as the disposition of land, the transmission of electricity to the mine site, or transportation needs, may have Class Environmental Assessment requirements.
Alternatively, proponents may consider volunteering to complete individual environmental assessments. The Minister of the Environment and Climate Change also holds the ability to designate a project subject to the Environmental Assessment Act, if appropriate.
The Ministry of the Environment and Climate Change is consulting with the Ministry of Northern Development and Mines, the Ministry of Natural Resources and Forestry, the Ontario Mining Association and the federal government to set clear processes for projects undertaking an Individual Environmental Assessment.
Information on the province’s Environmental Assessment program is available on the ministry’s website.
Collaborate with federal counterparts to reduce complexities and overlap in requirements associated with spills prevention and response plans
Status: Action tracking
What we heard
The provincial and federal processes for reporting environmental spills are duplicative.
Our plan
Reporting spills and ensuring timely action are critical to protecting Ontario communities, as spills can have major impacts on the environment, human health and the economy.
In 2010, Ontario and Environment and Climate Change Canada agreed to use Ontario’s Spills Action Centre as the one window for reporting spills and other environmental occurrences to reduce regulatory burden for industry.
Also, through our Canada-Ontario agreement we’ve reviewed our spills response programs to improve how we work together and with other jurisdictions to help prevent, respond to and manage spills.
Create a plain language guide for exempted tailing dam maintenance activities
Status: Action Tracking
What we heard
Current exempt activities are unclear for general maintenance of a tailings dam.
Our plan
In August 2017, the Ministry of Natural Resources and Forestry (MNRF) released an updated Lakes and Rivers Improvement Act (LRIA) Administrative Guide to provide clarity on the applicability of LRIA to dam like structures, including mine tailings related impoundments. This provided more clarity on “off line” structures which MNRF would no longer issue approvals for. This means any mine tailings dam that is not part of a river, lake or stream will no longer need MNRF approvals, but will require the Ministry of Northern Development and Mines (MNDM) approvals.
The MNDM is working with the MNRF on a Memorandum of Understanding to deal with the short term oversight gap. This will be completed in fall 2017.
As part of the transition of responsibility of tailings dams, MNDM will be accepting detailed design information under the Mining Act for mine tailings dam applications through amendments under the closure planning process. MNDM will be working with MNRF to undertake the engineering and technical reviews required to approve closure plan amendments.
MNDM is currently working with MNRF and the OMA to develop new tailing dam maintenance guidelines and MNDM expects to take over the program in its entirety by 2019.
Reduce the frequency of reporting on discharge information
Status: Action tracking
What we heard
Mining companies are required to provide the government with information in discharge reports both quarterly and annually.
Our plan
The province acknowledges that there are several aspects of the Municipal-Industrial Strategy for Abatement (MISA) regulations that should be considered for amendment, both specific to reporting obligations as well as other aspects that impact industry (e.g., approvals, utilizing current industry standards).
The Ministry of Environment and Climate Change supports taking a holistic, consultative approach to any potential regulatory amendments, rather than making smaller, iterative changes which would likely result in additional short-term burden to both the ministry and the regulated community.
MOECC is committed to reviewing MISA regulations over the medium term.
Review water permit timelines and consider extending permit expiration timelines
Status: Action tracking
What we heard
Permit expiration timelines are too short, which negatively impacts business.
Our plan
Permit to take water applicants can specify the length of time they require their permit to be valid for. The duration of a permit is based on the water taking’s known or predicted level of risk to the environment. Lower risk water permits can be issued for a maximum period of up to 10 years. Higher risk permits are typically issued for shorter intervals.
Ontario is conducting a broad review of the Permit to Take Water program to ensure long-term groundwater protection. The Ministry of Environment and Climate Change is engaging Indigenous partners, communities and industry, including the mining sector, on water quality management issues and is seeking input on possible changes to the program.
Review odour emissions requirements and determine if streamlining opportunities exist
Status: Action tracking
What we heard
Environmental requirements for the food industry related to odour emissions are difficult to comply with as they use a one-size-fits-all approach. These rules also appear to be subjectively enforced based on neighbouring organizations, businesses, or residences.
Our plan
Ontario has modernized and simplified the approvals process for lower-risk facilities by allowing them to register their activities related to air, noise and odour emissions in the province’s Environmental Activity and Sector Registry (EASR).
The EASR supports Ontario businesses by requiring them to register eligible activities online, making complying with environmental regulations simpler, faster and more cost effective.
The registration process sets out requirements for facilities to assess odour emissions and develop best management practices. These requirements were developed in consultation with stakeholders.
Review potential inclusion of exemptions for temporary dewatering of construction projects under the Environmental Compliance Approval process
Status: Action tracking
What we heard
The Water and Transfer regulation under the Ontario Water Resources Act includes exemptions for certain construction activities, but not for activities such as the temporary dewatering of construction projects. This can be seen as unfair or too narrow and negatively impacting businesses.
Our plan
In 2016 Ontario introduced new regulations that prescribed some water taking activities for registration on the Environmental Activity Sector Registry, including construction site dewatering and select road construction activities.
Ontario’s Water Taking and Transfer regulation provides a list of exemptions related to active and passive in-stream diversions, among other exemptions.
Provide additional guidance on the Permit to Take Water process, and consider using a risk-based approach to approving permits
Status: Action tracking
What we heard
Water taking permits currently are seen as being opaque and do not separate activities for commercial sales or those activities that put the water back into the land – such as agricultural work.
Our plan
The Ontario Water Resources Act prohibits persons from taking more than 50,000 litres of water on any day without a permit to take water.
The Permit to Take Water program includes three separate categories of permits that reflect the varying levels of risk associated with different types of water takings – the higher the risk, the more detailed and rigorous the application and review process.
Ontario is conducting a broad review of the Permit to Take Water program to ensure long-term water protection. The Ministry of Environment and Climate Change is engaging Indigenous partners, communities and industry, including the mining sector, on water quality management issues and seeking input on possible changes to the program.
No action recommended
Review the aggregate production activities to determine inclusion in the Environmental Activity Sector Registry process
Status: No action recommended
What we heard
Aggregates producers do not qualify for the use of the Environmental Activity Sector Registry (EASR) under the air EASR regulation, requiring them to complete the more complex and time consuming environmental compliance approvals process.
Our plan
Aggregate-related activities are complex and often require site-specific considerations and mitigation measures to ensure environmental protection. Therefore they do not qualify for the use of the Environmental Activity Sector Registry (EASR).
Discharges to the atmosphere from pits, quarries, and other aggregate sites have the potential to create negative off-property impacts on the environment and human health.
Where there is an air or noise complaint about aggregate-related activities, the Ministry of the Environment and Climate Change or the Ministry of Natural Resources and Forestry will respond and take actions where necessary to ensure compliance with environmental requirements. Issues typically relate to fugitive dust, noise, or odour emissions.
A detailed technical analysis was completed as part of the development of the Air Emissions EASR that determined aggregate producers were more complex operations and should still require an Environmental Compliance Approval (ECA).
As part of the 2015 Fall Economic Statement and the implementation of the Air Emissions EASR the ministry has committed to a one-year service standard for all air/noise ECAs.
Review Limited Operational Flexibility Permits to determine if there can be greater flexibility for Facility Production Limits
Status: No action recommended
What we heard
Limited operational flexibility permits do not allow industry to make minor increases to facility production limits. Instead, any changes require the environmental compliance approval to be amended, which increases timelines and burden on business with no additional benefits to the environment.
Our plan
When initially applying for operational flexibility, it is up to the applicant to demonstrate compliance with ministry requirements and standards at the production/capacity limit of its choosing.
Increases in Facility Production limits or treatment capacity require an amendment to the Environmental Compliance Approval to ensure that those increases do not result in negative impacts on the environment.
It is advantageous for applicants to set their production and capacity limits at levels that will not be exceeded in the short term, thereby avoiding the requirement to apply for an amendment.
Streamline provincial and federal mining effluent reporting requirements
Status: No action recommended
What we heard
There is duplication between provincial and federal reporting requirements and no one window collection of information.
Our plan
Ontario works closely with the federal government to reduce and prevent duplication, streamline processes and provide a better reporting experience for industry.
Environment Canada’s National Pollutant Release Inventory (NPRI) is the one-window reporting database for many contaminants from industry, including the mining sector. The Wastewater System web-based portal allows industry to report additional monitoring requirements specific to Ontario, including site-specific monitoring data such as effluent toxicity to aquatic species.
Further assessment would be required to determine if the needs of both Ontario’s reporting requirements and NPRI would be better met through a single-window system.
The Ministry of Environment and Climate Change will continue to work with federal partners to review overlaps in reporting requirements and identify opportunities to improve the client experience.
Develop and launch a public education campaign on sewers
Status: No action recommended
What we heard
Public education about the types of sewers (i.e. storm vs. sanitary) is inadequate. This leads to spills in rivers and other bodies of water.
Our plan
Stormwater sewers and treatment systems are managed by the local municipality. Many municipalities across Ontario, as well as the Ontario Clean Water Agency and Ontario Water Works Association, have implemented stormwater and sewer public awareness campaigns such as the “I don’t flush” campaign, the OneWater education program and the Yellow Fish Road campaign.
Ontario will continue proactive inspections of waste-water systems as well as respond to spills to ensure adequate clean up actions are taken to protect Ontario’s water.