O. Reg. 103/23: ENVIRONMENTAL COMPLIANCE APPROVALS - EXEMPTIONS FROM SECTION 9 OF THE ACT

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ontario regulation 103/23

made under the

Environmental Protection Act

Made: May 11, 2023
Filed: May 24, 2023
Published on e-Laws: May 24, 2023
Published in The Ontario Gazette: June 10, 2023

Amending O. Reg. 524/98

(ENVIRONMENTAL COMPLIANCE APPROVALS - EXEMPTIONS FROM SECTION 9 OF THE ACT)

1. Subsection 0.1 (1) of Ontario Regulation 524/98 is amended by adding the following definitions:

“beer” includes beer, ale, malt liquor or non-alcoholic beer; (“bière”)

“secondary products” means any beverage other than beer produced at a facility where,

(a)  the total volume of secondary products production does not exceed the facility’s total volume of beer production in a calendar year, and

(b)  any alcohol that is added to the secondary products is not distilled at the facility; (“produits secondaires”)

2. Subsection 1 (1) of the Regulation is amended by adding the following paragraph:

9.2  Any equipment, apparatus, mechanism or thing that is used for the commercial production of beer or any secondary products at a facility where,

i.  the facility is primarily engaged in the commercial production of beer, and

ii.  in a calendar year, the facility produces 3,000 hectolitres or less of beer or beer and any secondary products, if secondary products are produced in that year.

3. The Regulation is amended by adding the following section:

Condition, beer production

6. (1) The owner or operator of a facility mentioned in paragraph 9.2 of subsection 1 (1) must ensure that,

(a)  the maintenance of any equipment, apparatus, mechanism or thing used for the production of beer or secondary products at the facility is conducted in a manner that satisfies the recommendations of the manufacturer of the equipment, apparatus, mechanism or thing; and

(b)  for each year ending on December 31, a record is created that demonstrates the facility produced 3,000 hectolitres or less of beer or beer and any secondary products for the year covered by the report in accordance with subparagraph 9.2 ii of subsection 1 (1).

(2) Any record created for the purposes of clause 6 (1) (b) must be retained by the owner or operator for at least five years after the date the record was created.

Commencement

4. This Regulation comes into force on the day it is filed.

 

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