We’ve made changes to the Toxics Reduction Program to eliminate duplication with the federal government’s Chemicals Management Plan, (under the Canadian Environmental Protection Act, 1999) and reduce burden for industry.

On December 31, 2021, the Toxics Reduction Act, 2009 will be repealed and its associated regulations revoked, ending the Toxics Reduction Program. Until this time, facilities must continue to meet the requirements of the Toxics Reduction Act, 2009 and its associated regulations.

As a result of regulatory changes, facilities no longer need to prepare new toxic substance reduction plans or review their existing plans. Facilities with existing plans are still required to report annually on substances included in their plans that meet the thresholds.

The ministry is currently updating this Guide for Regulated Facilities to reflect the legislative and regulatory changes. The updated version will be provided shortly.

Important: It may be useful to read this guide together with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09.

This guide should not be considered as legal advice. In the event of a conflict between this guide and the requirements of the legislation, the legislation shall govern.

Introduction

The Toxics Reduction Act, 2009 is the cornerstone of Ontario's strategy to reduce the use and creation of prescribed toxic substances. The goal of the Toxics Reduction Program is to help protect human health and the environment by:

  • reducing prescribed toxic substances in air, land, water and consumer products
  • informing people in Ontario about toxic substances in their communities
  • giving Ontarians the information they need to make informed choices
  • supporting shifts in domestic market to greener products
  • positioning Ontario's manufacturing and mineral processing sectors to compete in an increasingly green global economy

Purpose of the Legislation

  • to prevent pollution and protect human health and the environment by reducing the use and creation of prescribed toxic substances
  • to inform Ontarians about prescribed toxic substances

The Act and regulation set out the:

  • class of facilities to which the Act and regulation apply
  • prescribed toxic substances
  • timelines and rules for tracking, quantifying, planning and reporting on prescribed toxic substances
  • exemptions to certain requirements

The Act and regulation require the owner and operator of a facility to examine how they are using or creating prescribed toxic substances and to consider opportunities for reducing prescribed toxic substances while recognizing that there may be essential and beneficial uses for some prescribed toxic substances.

The Act and regulation do not restrict the use, creation, or release of prescribed toxic substances. Implementation of toxic substance reduction plans is voluntary.

Rationale

Ontario will support the transformation to a greener economy as regulated facilities are encouraged to:

  • explore practical solutions to reduce the use and creation of prescribed toxic substances
  • reduce the use and creation of prescribed toxic substances at the front end of industrial processes
  • replace prescribed toxic substances with greener options

Other North American jurisdictions have seen successes in reducing toxic substances. This success has led to direct cost savings for some industries.

For instance, the state of Massachusetts achieved the following benefits through actions by industries under its Toxics Use Reduction Act:

  • achieved a 55% reduction in use of toxic chemicals, with 9% increase in production from 1990 to 2005footnote 1
  • reduced generation of toxic waste by 50% between 1989 and 1998footnote 2
  • reduced large quantity toxics users' use of toxic chemicals by 40%, toxic by-products by 71%, toxics shipped in product by 41%, and on-site releases of toxic chemicals by 91% from 1990 to 2005footnote 3

What Regulated Ontario Facilities Need to Do

The Act requires the owners and operators of all facilities subject to the Act and regulation, to take the following steps:

  1. Track and quantify the toxic substances, prescribed in regulation, that are used, created, transformed, destroyed, released, disposed of, transferred and contained in product at the facility (Toxic Substance Accounting)
  2. Prepare plans to reduce the use and creation of the toxic substances prescribed in regulation (Toxic Substance Reduction Planning) and have the plans certified both by the highest ranking employee at the facility with management responsibilities and by a person with qualifications set out in the regulation (a toxic substance reduction planner)
  3. Provide summaries of their plans to the public on the internet and to the Ministry of the Environment and Climate Change (ministry), notify employees within five days that those summaries are made public, and ensure that the most current plan summary remains posted on the Internet until the new version is posted
  4. Report annually to the ministry and the public on their progress in reducing the prescribed toxic substances and notify employees the same day those reports are made public
  5. Review their plans in specific years

Terms You Need To Know

National Pollutant Release Inventory Gazette Notice (NPRI Notice): sets out the reporting criteria for Canada's legislated inventory of pollutant releases, disposals and transfers for recycling. The inventory is publicly accessiblefootnote 4.

Ontario Regulation 127/01 – Airborne Contaminant Discharge Monitoring and Reporting made under the Environmental Protection Act (Reg. 127/01): requires Ontario-based facilities that emit set amounts of acetone to report to the government and to the publicfootnote 5.

Many of the terms used in the Act and regulation mirror those set out in the NPRI Notice for that year. This table lists some of the more common terms you need to know. Please refer to the NPRI Notice, for that year and the associated guide for the meaning of the terms.

Table 1: Common terms you need to know
Term Meaning
Destroyed When a prescribed toxic substance is changed into one or more other substances that are not prescribed toxic substances, after it enters a process at the facility.
Disposal Includes:
  • final disposal or transfer to a location off the facility site prior to final disposal
  • transfer to an area where tailings or waste rock are either discarded or stored and treated to reduce or prevent releases to air, water or land
Employee A person employed at the facility. Includes:
  • the owner of the facility who performs work on site
  • a person, such as a contractor, who performs work at the facility related to its operations, for a certain period of time
Facility Includes:
  • a contiguous or portable facility
  • a pipeline or offshore installation
Level of Quantification The lowest concentration of a substance that can be accurately measured using sensitive but routine methods.
NAICS The North American Industry Classification System, maintained for Canada by Statistics Canada as amended or revised from time to time.
NPRI Compliance Date In respect of a calendar year, the date by which the information is required under the NPRI Notice for that calendar year.
Prescribed Substances The regulation defines toxic substances as listed in the National Pollutant Release Inventory Notice (the NPRI Notice) given under subsection 46(1) of the Canadian Environmental Protection Act, 1999, in the form specified in the the NPRI Notice, as well as acetone (adopted from O. Reg. 127/01 made under the Environmental Protection Act).

For the complete list of prescribed substances please visit Environment and Climate Change Canada’s NPRI Substance List

Transformed When a prescribed toxic substance is changed into one or more other prescribed toxic substances, after entering a process at a facility.

Do the Act and Regulation Apply to My Facility?

As the owner and/or operator of a facility in Ontario, you need to determine whether your facility needs to fulfill the requirements of the Act and regulation. When this guide refers to “your facility” it is referring to the owner and operator’s facility.

Follow these three steps each year:

Step 1

Determine if your facility is engaged in a sector that is subject to the legislation.

  1. Does your facility operate in the manufacturing sector? This includes facilities identified by a North American Industry Classification System (NAICS) code that starts with the digits "31", "32", "33".
  2. Does your facility operate in the mineral processing sector? This includes facilities identified with a NAICS code that starts with the digits "212" (mining – except oil and gas – that processes minerals, but only if the mineral processing at the facility involves the use of chemicals to separate, concentrate, smelt or refine metallic or non-metallic minerals from an ore. It does not apply to the facilities that extract, crush or grind ore by non-chemical means).

Important:

It is your responsibility to determine the most applicable NAICS code based on the activities your facility is undertaking. The NAICS code applicable to your sector may be obtained from the Statistics Canada websitefootnote 6.

If you answered 'yes' to questions 1 or 2 under Step 1: your facility may be required to take further steps to comply with the Act and regulation. Continue with Step 2.

If you answered 'no' to both questions 1 and 2 under Step 1: the Act and regulation do not apply to your facility for this year.

Step 2

Determine if your facility uses or creates one of the toxic substances prescribed in the regulation.

  1. Does your facility use or create acetone, which is listed in O. Reg. 127/01?
  2. Does your facility use or create one or more of the substances listed in the most current NPRI Notices?

Reminder

The regulation defines toxic substances as listed in the National Pollutant Release Inventory Notice (the NPRI Notice) given under subsection 46(1) of the Canadian Environmental Protection Act, 1999, in the form specified in the the NPRI Notice, as well as acetone (adopted from O. Reg. 127/01 made under the Environmental Protection Act).

For the complete list of prescribed substances please visit Environment and Climate Change Canada’s NPRI Substance List

If you answered 'yes' to questions 1 or 2 under Step 2: your facility may be required to take further steps to comply with the Act and regulation. Continue with Step 3.

If you answered 'no' to both questions 1 and 2 for all substances used and created at your facility under Step 2: the Act and regulation do not apply to your facility this year.

Step 3

Determine if your facility is required to report under related Ontario or Canadian standards and regulations.

  1. Are the owner and operator required to report under O. Reg. 127/01?
  2. Are the owner and operator required to provide information under any of the current National Pollutant Release Inventory (NPRI) notices?

To confirm whether your facility is required to report under the current NPRI Notices and/or O. Reg. 127/01 you must consult the rules contained in each.

Important:

  • Is your facility providing information to NPRI on total volatile organic compounds (VOCs)? Total VOCs is listed as item under part 4 — Criteria Air Contaminants of the NPRI Notice. There is an exemption in the regulation for total VOCs. Your facility is only required to account for, plan for, and report on VOCs individually, if that individual VOC (i.e. speciated VOCs which is listed in Part 5 of Schedule 1 to the NPRI Notice), meets the applicable NPRI threshold. Note: Facilities that meet the applicable NPRI threshold for VOCs that are listed under the other parts of the NPRI Notice still need to prepare accounting and planning for these substances.
  • Is your facility required to provide information to NPRI on dioxins, furans or hexachlorobenzene because your facility engaged in one or more activities listed by NPRI (e.g. base metals smelting, production of magnesium, etc.)? If yes, that means your facility needs to account for, plan for and report on these substances individually under the Toxics Reduction Act, 2009 even if you reported "no information available" to NPRI. See Appendix A for more detail.
  • Is your facility only providing information to NPRI on total unspeciated polycyclic aromatic hydrocarbons (PAHs) because no individual PAH met the applicable NPRI threshold? If yes, then under the Toxics Reduction Act, 2009, your facility does not have to account, plan or report on the individual polycyclic aromatic hydrocarbons that make up the total unspeciated polycyclic aromatic hydrocarbons.

If you answered 'yes' to either questions 1 or 2 under Step 3: your facility needs to address all the requirements set out in the Act and regulation to comply.

If you answered 'no' to both questions 1 and 2 under Step 3: the Act and regulation do not apply to your facility this year.

Use the following flowchart to help you determine whether your facility needs to fulfill all the requirements set out in the Act and regulation.

Figure 1: How to determine whether the Act and Regulation apply to my facility

1. Does the facility operate in the manufacturing sector and identify with a NAICS code beginning with 31, 32 or 33? Or, does the facility operate in the mineral processing sector and identify with a NAICS code beginning with 212?  Note that a facility operating in the mineral processing sector must use chemicals to separate, concentrate, smelt or refine metallic or non metallic minerals from an ore.  Does not apply to facilities that only extract, crush or grind ore by other means. 2. If no, the facility is not subject to the Act and Regulation at this time. 3. If the answer is yes, does the facility create or use at least one substance listed in the current NPRI notices, and/or does it use or create acetone? 4. If no, the facility is not subject to the Act and Regulation at this time. 5. If yes, is the owner and/or operator required to provide information under any of the current NPRI notices, or is the owner and/or operator required to report under Regulation 127/01 for acetone? 6. If no, the facility is not subject to the Act and Regulation at this time. 7. If yes, the facility is required to account, plan and report under the Act and Regulation.

Key Dates

Below is a list of key dates:

Annual Report

  • NPRI Compliance date (usually June 1st): annual accounting is due each year

Toxic Substance Reduction Plan

  • December 31st:
    • any new plan for a new substances (used or created) at a facility is due, and/or
    • a new version of a plan based on a review triggered by a significant process change is due

NPRI Notice Changes

  • Every two years on January 1st (i.e. 2018 / 2020 / 2022), the NPRI Notice is given under the Canadian Environmental Protection Act, 1999 listing the substances captured under the notice.

Plan Review

  • Facilities that prepared a plan on or before December 31, 2018 are required to review their plan and submit a new plan summary by December 31st of 2019, 2023, and every five years thereafter.
  • Facilities that prepared a plan during the period beginning January 1, 2019 and ending on December 31, 2022 are required to review their plan and submit a new plan summary by December 31st of 2023, and every five years thereafter.
  • Facilities that prepared a plan on or after December 31, 2023 are required to review their plan and submit a new plan summary by December 31st of the applicable year based on a five year cycle (i.e. due by December 31st of 2028, 2033, etc…).

 

Important:

Your facility will annually track and quantify the prescribed toxic substances as well as report to the ministry and the public on the Internet.

Steps to Comply with the Legislation

This section provides more information on the requirements your facility will have to meet if the Act and regulation apply.

Key steps to fulfilling the requirements under the Act and Regulation

Step 1:

Undertake toxic substance accounting

Step 2:

Prepare and provide annual report to the ministry and to the public. Notify employees that the information is available to the public within 5 days of providing it to the public

Step 3:

Develop a toxic substance reduction plan for all applicable prescribed toxic substances

Step 4:

  • Prepare and provide toxic substance reduction plan summary to the ministry and public; and
  • notify employees within five days of providing it to the public; and,
  • ensure that the current plan summary remains posted on the Internet until the new version is posted.

Step 5:

  • Regularly review plan (according to the prescribed timelines), or if a new version of the plan is required (due to a significant process change);
  • submit plan summary to the ministry and make it available to the public;
  • notify employees of the summary within five days of making it available to the public; and,
  • ensure that the current plan summary remains posted on the Internet until the new version is posted.

Tip: See Appendix B for the list of documents and their relevant due dates required under the O.Reg. 455/09.

Step 1: Toxic substance accounting

Refer to section 9 of the Act and sections 12 and 13 of the regulation.

The Act requires owners and operators of a facility to track and quantify prescribed toxic substances and the regulation sets out the details.

Summary of the five main actions in toxic substance accounting*

  1. Identify stages and processes that use or create toxic substances

    Describe and document every stage of the facility's operations that use or create a prescribed toxic substance. Identify a sufficient number of processes within each stage that use or create such a substance to show flow and change through each process and to permit quantification.

  2. Prepare process flow diagrams

    Visually represent the movement of a toxic substance through each process. Show the relationship between processes.

  3. Choose a method or combination of methods

    Choose the best available method or combination of methods to track and quantify a toxic substance and document the reasons for choosing the method(s).

  4. Track and quantify the amounts of the substance

    Track and quantify the process level amounts of a toxic substance that are used, created, transformed, transferred, destroyed, released, disposed of, and/or contained in product.

  5. Compare input and output and explain "no approximate" balance (if any)

    If the sum of inputs does not approximately equal the sum of outputs for a given process, document the reason(s) why in a record.

Track and quantify each toxic substance at the process level.

The listed actions are designed to help your facility:

  • develop a comprehensive procedure to track and quantify prescribed toxic substances at the process level
  • generate the information needed to understand the use and creation of the prescribed toxic substances
  • determine which aspects of your operations are good targets for reducing prescribed toxic substances and to identify ways to reduce them
  • establish a baseline from which your facility can track its progress, and measure its success if it decides to implement reduction options

For more information on the accounting requirements listed in the subsequent pages including examples, please refer to the Ministry's Toolkit for Toxic Substance Accounting.

A table in Appendix C outlines 1) a summary of key regulatory reporting issues and the actions a facility can take to ensure regulatory reporting requirements are met, and 2) a summary of commonly observed data quality reporting issues for annual reports and the actions a facility can take to address these.

1. Identify stages and processes that use or create the prescribed toxic substance

Refer to paragraph 1 of subsection 12(2) of the regulation.

As part of this action, the owner and operator of the facility must:

  • Identify, describe and document every stage of its operations that uses or creates a prescribed toxic substance
  • Identify a sufficient number of processes within each stage that use or create a prescribed toxic substance. The Act and regulation do not explicitly define what a process is, so that facilities have some flexibility about how best to define processes to enable the tracking and quantification of the substance. It is up to the owner and operator of a facility to determine how many processes are sufficient. Some industries may more commonly understand the term "process" by the terms "unit operation," or "activity," among others.

Important:

The term "use" refers to the amount of a substance that enters a process as either:

  • the substance itself, or
  • as part of another substance.

This would include substances found in raw materials and substances found in natural feedstocks.

The term "create" refers to any intentional or incidental creation of a substance.

  • Once created, the substance may be destroyed, transformed, released, disposed of, transferred or leave the process and/or facility contained in product(s).

Action required: Create a record that describes every stage and process at the facility that uses or creates a prescribed substance. Include the record in the toxic substance reduction plan and complete the plan by the required due date.

Tip: Refer to the location of the recording the plan instead of reproducing it.

2. Prepare process flow diagram(s)

Refer to paragraph 2 of subsection 12(2) as well as subsections 12(3) and 12(4) of the regulation.

As part of this action, the owner and operator of a facility are required to develop a process flow diagram that:

  • visually represents the movement of a prescribed toxic substance through each process – from the time a substance enters the process, whether it is created, destroyed or transformed during the process, how it leaves the process and what happens to it after it leaves the process
  • shows the relationships between the processes
  • may include quantifications of amounts used, created, destroyed, transformed, released, disposed of, transferred and contained in product(s)

Tip: Use and/or change/supplement existing process flow diagrams to support your facility in meeting this requirement.

Action required: Create a record of the process flow diagram(s). Include the record in the toxic substance reduction plan and complete the plan by the required due date.

3. Choose a method or combination of methods

Refer to paragraph 5 of subsection 12(2) and subsections 12(6), 12(7) and 12(8) of the regulation.

Your facility will choose the best available method or combination of methods to track and quantify a prescribed toxic substance for each process.

To determine the best available method consider:

  • how the substance enters the process, what happens to the substance during the process, how it leaves the process and what happens to it after it leaves the process
  • industry standards (i.e. best practices used in similar facilities)
  • the economic cost, to your facility, of the method or combination of methods
  • established and recognized methods listed in the regulation
  • whether a method is required to comply with a federal, provincial or municipal law.

The methods listed in the regulation include:

  • continuous monitoring
  • predictive monitoring
  • source testing or sampling
  • mass balance
  • published emission factors
  • site-specific emission factors
  • engineering estimates.

Action required: Document the method(s) your facility uses for tracking and quantifying a prescribed toxic substance and explain why it chose the method(s) in a record. Include this record in your facility's toxic substance reduction plan and complete the plan by the required due date.

Tip: Refer to the location of the record within the plan instead of reproducing it.

Important:

Using the same method or combination of methods over time, for a prescribed toxic substance, ensures consistency in the approach used by your facility to collect data. This, in turn, makes it easier to track your facility's progress in reducing toxic substances.

Your facility can only change methods in three cases:

  • the change is for the purposes of complying with a law;
  • decision is made to change the methods at the time of a plan review;
  • a planner makes a recommendation for a change in methods and the change is made before the next report is due (i.e. By the NPRI compliance date (usually June 1st), subject to subsection 30.1 (1) of the regulation, in the year immediately following the year in which the recommendation was required to be made).

In any of these cases, if your facility changes its method(s), update the record that documents the method(s) it uses.

A change in method(s) refers to a change from one method category to another method category. For example your facility decides to change its method from mass balance to engineering estimates.

4. Track and quantify the amounts of the prescribed toxic substance

Refer to subsection 12(1) and to paragraph 3 of subsection 12(2) of the regulation.

As part of this action, the owner and operator of a facility must track and quantify the process-level amounts of a prescribed toxic substance that:

  • enters a process as the substance itself or as part of another substance (amount used)
  • is created during each process
  • is transformed or destroyed during each process
  • is released, disposed of and transferred from each process
  • is contained in product. Note: This applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone.

Important:

For quantities contained in product: quantify the amount of the prescribed toxic substance that leaves the process in all products. This includes consumer products as well as products that will be used in another process. Your facility does not have to identify the specific consumer product(s) within which the prescribed toxic substance is found.

For quantities released, disposed of and transferred: your facility already tracks and reports these amounts to NPRI. Provide the same information to the ministry.

Action required: Create a record containing the process-level amounts of a substance. Include the record in your facility's toxic substance reduction plan and complete the plan by the stated due date.

Tip: Refer to the location of the record in the plan instead of reproducing it.

5. Compare inputs and outputs and explain no "approximate" balance, if any

Refer to paragraph 4 of subsection 12(2) and subsection 12(5) of the regulation.

As part of this action, the owner and operator of a facility must determine whether the sum of the inputs in a given process approximately equals the sum of the outputs. The inputs may be used or created. The outputs may be destroyed, transformed or leaves the process.

Used + Created = Transformed + Destroyed + Leaves Process

Leaves Process includes amounts released, disposed of, transferred and contained in product(s).

The ministry also recognizes that in some instances input/output balances will not be equal or approximately equal. If the sum of the inputs does not approximately equal the sum of the outputs for a given process at the facility, document the reason(s) why in a record.

Action required: Create a record containing the explanation of why the sum of the inputs does not approximately equal the sum of the outputs, if applicable. Include the record in your facility's toxic substance reduction plan and complete the plan by the stated due date.

The action listed here is designed to help your facility determine whether the reason the sum of the inputs does not approximately equal the sum of the outputs may be because:

  • missing information
  • the fate of a substance was overlooked
  • the process flow diagram is not complete and therefore needs to be revised (i.e. an input or output was not included)
  • the method(s) for tracking and quantifying the substance should be changed to increase data accuracy. Note that the method(s) can be changed as part of the plan review, if required by another law or if the planner makes a recommendation to change it
  • of measurement variability
  • the process and/or operation conditions were changed
  • there may be another reason for the gap

Tip: Refer to the location of the record in the plan instead of reproducing it.

Step 2: Reporting your facility's progress each year

Refer to section 10 of the Act and sections 25, 26 and 27 of the regulation.

Reports give your facility a way to communicate progress in:

  • reducing the use and creation of toxic substances
  • implementing your plan(s)

Your facility needs to report to both the ministry and the public each year. The information that your facility will report to the ministry is different than the information that your facility will report to the public. The table below provides an overview of the similarities and differences between the report to the ministry and the report to the public.

Table 2: Comparison of the annual report to the ministry and the annual report to the public
Contents of Report to Ministry Contents of Report to Public
General information:
  • About your facility
  • About report contacts
  • About the toxic substance(s) for which your facility must prepare a plan
Similar info, except:
  • no business number and
  • contact info only for the public contact
Your facility's approach to toxic substance accounting:
  • Facility-wide amounts used, created, contained in product as well as amounts released, disposed of and transferred in the same categories required by NPRI
  • Indication of changes in methods, significant process changes, non-routine events
Similar info, except:
  • used, created, contained in product (amounts may be expressed in ranges specified by the ministry)
  • no information on methods, significant process changes, non-routine events
Your facility's objectives and any targets Same
Your facility's progress in reducing the substance:
  • Comparison of toxic substance accounting to previous reporting period
  • Reasons for changes from previous reporting period
Similar info, except:
  • summary of the reasons for changes from previous reporting period
Your facility's progress in implementing its plan (if applicable):
  1. Indication of when your facility prepared its plan (i.e. before or during the current reporting period)
  2. Estimates of toxics reduction achieved
  3. Difference between steps taken and those in the plan
  4. Indication of whether timetable of steps will be met Amendments to the plan
Similar info except:
  • summary only of estimate of toxics reduction achieved, steps taken and the difference between steps taken and those in the plan
Certification by highest-ranking employee and licensed planner A copy of the certification (signatures can be redacted to protect against identity theft, however a signed copy of the certification must be maintained onsite).

1. What information must the report to the ministry include?

First Report: Your facility's first report for a prescribed toxic substance will be different than all of the later reports. This is because your facility will have to prepare and submit this report to the ministry before it:

  • has developed a plan for that substance, and
  • has a prior year's worth of data to compare against the data in the report.

Subsequent Reports: Your facility's later reports for a prescribed toxic substance will include all of the information required in the first report as well as the additional information listed below. This is because your facility will:

  • have developed a plan for that substance and
  • have a prior year's worth of data to compare against the data in the report.
What to include in your first report to the ministry

Refer to subsections 26(1), 26(3) and 26(4) of the regulation.

  1. General Information

    About your facility

    Include:

    • NPRI identification number
    • if applicable, facility's identification number under O. Reg. 127/01
    • name and contact information for the owner and the operator of the facility
    • name and contact information for the highest ranking employee at the facility
    • number of full-time employee equivalents
    • the six digit NAICS Canada code for the facility
    • spatial coordinates of the facility expressed as latitude and longitude

    Important:

    If your facility is a subsidiary of a Canadian parent company, also provide:

    • legal name of the parent company
    • street and mailing address of the company
    • what percentage of the facility is owned by the parent company
    • the business number assigned by Canada Customs and Revenue Agency.

    About report contacts

    Provide the name, position, and contact information of report contacts:

    • the highest ranking employee at the facility
    • the person who prepared the report
    • any public contact(s)
    • any technical contact(s)

    About the toxic substance(s) for which your facility must prepare a plan

    Include:

    • the name, as listed in the Act or NPRI Notices
    • any Chemical Abstract Service Registry number(s)
  2. Toxic substance accounting results

    Include the precise facility-wide amounts that are:

    • used
    • created
    • contained in product. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
    • released, disposed of and transferred in the same categories required by NPRI.

    Indicate whether your facility has experienced any incidents out of the normal course of events during the prior calendar year. If yes, state whether and how this may have affected the tracking and quantification results.

  3. Certification

    Include a signed statement from the highest ranking employee with responsibilities for managing the facility. This person must sign a statement that he or she:

    • has read the report(s)
    • is familiar with its contents
    • believes the report(s) is factually accurate and that it complies with the Act and regulation – to the best of his or her knowledge

    Tip: Only one certification statement by the highest ranking employee at the facility is needed for all reports.

Summary: Required Content in the First Annual Report for the Ministry
  1. General Information:

    Include general information about your facility, report contacts and list of toxic substances used and/or created.

  2. Toxic substance accounting results:

    Include the facility wide amounts that are:

    • used
    • created
    • contained in product
    • released (as provided to NPRI)
    • disposed of (as provided to NPRI)
    • transferred (as provided to NPRI)

    Indicate any non-routine event(s) and explain how it affected the tracking and quantification results.

  3. Certification:

    Include a signed statement(s) from the highest ranking employee at the facility.

What to include in all subsequent reports to the ministry?

Refer to section subsection 26(2) of the regulation.

Your facility's later reports for a prescribed toxic substance will include all of the information required in the first report, as well as the additional information listed below.

This is because your facility will:

  • have developed a plan for that substance and
  • have a prior year's worth of data to compare against the data in the report.
  1. About plan contacts

    Provide the name, position, and contact information of the:

    • person who coordinated the preparation of the plan
    • person who prepared the plan (if different from the plan coordinator)
  2. Your facility's objectives and targets – after a plan has been prepared

    • Include a copy of the objectives your facility set out in the current version of the plan.
    • Include any targets that your facility may have set out in the current version of the plan.
  3. Your facility's progress in reducing the substance

    Compare the latest tracking and quantification results with those of the prior reporting period. Be sure to:

    • compare the quantities of the substance used, created, contained in product, released, disposed of and transferred
    • express these compared results in two ways:

      • as a percentage, and
      • in the units of measurement required by NPRI for that substance, and in tonnes for acetone
    • If there have been changes to the tracking and quantification results, explain the changes.
    Example
    Year Substance Amount Change
    2010 benzene 103 tonnes n/a
    2011 benzene 100 tonnes Decrease of 2.9% (3 tonnes)
  4. Changes in tracking and quantification methods

    • Indicate whether your facility has changed the method or combination of methods it used to track and quantify the substance during the prior calendar year. If yes, include within the report:
      • a description of the change
      • the reason for the change
      • how the change will affect tracking and quantifying the substance
  5. Indication of a significant process change – after a plan has been prepared
    • Indicate whether your facility has made any significant process changes during the prior calendar year.
  6. Your facility's progress in implementing its plan – after a plan has been prepared
    • Indicate when your facility prepared its plan, before or during the current reporting period?
    • Indicate whether your facility has achieved any of its plan objectives. Has it achieved any targets stated in the plan, if it set out targets?
    • For each option your facility plans to implement (if applicable), identify:

      • what steps your facility took during the prior calendar year to implement the option
      • how much your facility reduced the amount of the substance used, created and discharged to air, land or water during the prior calendar year
      • how much has your facility reduced the substance contained in product during the prior calendar year. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
      • whether your facility will meet the timelines set out in the current version of its plan
      • how the steps taken by your facility during the prior calendar year compare to those set out in the current plan
    • If your facility has taken any extra actions in the prior calendar year to achieve the plan objectives – including any targets, include:

      • a description of the additional actions taken
      • the amount, if any, your facility has reduced the substance's:

        • use
        • creation
        • discharges to air, land or water during the prior calendar year
        • contained in product amount during the prior calendar year.
          Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
    • If your facility has voluntarily amended its plan in the prior calendar year, describe the changes that were made.
Summary: Required Content in Subsequent Annual Reports to the Ministry
  1. General Information

    Include general information about your facility, report contacts and list of toxic substances used and/or created.

  2. Plan Contacts

    Include general information about your plan contacts.

  3. Toxic substance accounting results

    Include the facility wide amounts that are:

    • used
    • created
    • contained in product
    • released (as provided to NPRI)
    • disposed (as provided to NPRI)
    • transferred (as provided to NPRI)

    Indicate any non-routine event(s) and explain how it affected the tracking and quantification results.

  4. Facility's objectives and targets

    Include a copy of the objectives set out in the current version of the plan and any targets.

  5. Your facility's progress in reducing the toxic substance

    Compare your toxic substance accounting results to the previous reporting period and provide reasons for any changes.

  6. Changes in tracking and quantification methods

    Indicate any changes in tracking and quantification methods and explain how it will affect accounting results.

  7. Significant process changes

    Indicate any significant process changes.

  8. Progress your facility has made to implement its plan (if applicable)

    Indicate when your facility prepared its plan. Include:

    • Estimates of reductions achieved.
    • Difference between steps taken and those set out in the plan and whether the timetable for the steps will be met.
    • Amendments to the plan.
  9. Certification

    Include a signed statement(s) from the highest ranking employee at the facility.

2. How will your facility submit its report to the ministry?

Your facility needs to submit the report electronically to the ministry. Refer to section 30 of the regulation.

Important:

The Ontario government has partnered with the Federal government to use an existing and familiar on-line tool for reporting, the Single Window Reporting System. The system is secure and easy to use.

3. What information must your facility share with the public?

Refer to subsections 27(1), 27(2) and 27(3) of the regulation.

One of the purposes of the Act and regulation is to inform Ontarians about toxic substances. As such, your facility must share the following information with the public:

  1. General information

    Include information about your facility:

    • name and contact information for the owner and the operator of the facility
    • name and contact information for the public contact
    • NPRI identification number
    • if applicable, the facility's identification number under Reg. 127/01
    • number of full-time employee equivalents
    • the six digit NAICS Canada code for the facility
    • spatial coordinates for the facility expressed as latitude and longitude

    Important:

    If your facility is a subsidiary of a Canadian parent company, also provide:

    • legal name of the parent company
    • street and mailing address of the company
    • what percentage of the facility is owned by the parent company

    Include information about the toxic substance(s) for which your facility must prepare a plan:

    • name, as listed under the Act or NPRI Notices
    • any Chemical Abstract Service Registry number(s)
  2. What your facility aims to achieve – after a plan has been prepared

    Include:

    • a copy of the objectives your facility set out in the current version of the plan
    • a copy of any targets that your facility may have set out in the current version of the plan
  3. Your facility's approach to toxic substance accounting

    Include the facility-wide amounts of the toxic substance for which the report has been prepared that are:

    • used
    • created
    • contained in product. Note: this applies only to those substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
    • released, disposed of and transferred in the same categories required by NPRI

    Important:

    The owner and operator of the facility may choose to report facility-wide amounts used, created and contained in product to the public in actual amounts or in ranges specified by the ministry.

    The ministry has identified the following ranges to express the amount of a substance used, created and contained in product to the public:

    Amounts in Grams, Kilograms, Tonnes:footnote 7

    > 0 to 1
    > 1 to 10
    > 10 to 100
    > 100 to 1000
    > 1000 to 10,000
    > 10,000 to 100,000
    > 100,000 to 1,000,000
    > 1,000,000

    If your facility is concerned that ranges may allow the public to misinterpret the amounts reported, because the public may assume that values are closer to the high end of the range than the lower end, your facility may choose to report these amounts in absolute values.

  4. Your facility's progress in reducing the substance

    Compare the tracking and quantification results of this reporting period (i.e. the results based on the previous calendar year) with those of the prior reporting period. Be sure to:

    • compare the quantities of the substance used, created, contained in product, released, disposed of and transferred
    • express these compared results in two ways:

      • as a percentage, and
      • in the units of measurement required by NPRI for that substance or in tonnes for acetone

    If there have been changes in the quantities of the substance used, created, contained in product, released, disposed of or transferred, provide a summary of these reasons to the public.

    Example
    Year Substance Amount Change
    2010 benzene 103 tonnes n/a
    2011 benzene 100 tonnes Decrease of 2.9% (3 tonnes)
  5. Your facility's progress implementing its plan – after a plan has been prepared

    • Indicate whether your facility has achieved any of its plan objectives. Has it achieved any targets stated in the plan?
    • For each option your facility plans to implement, include a summary of:

      • how much your facility has reduced the amount of the substance it:

        • uses
        • creates and
        • discharges to air, land or water during the prior calendar year
      • how much your facility has reduced the amount contained in product during the prior calendar year? Note: this applies only to those prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
      • has your facility met the timelines set out in the current version of its plan?
      • how do the steps taken by your facility during the prior calendar year to implement its plan compare to those set out in the current plan?
    • If your facility has taken any extra actions in the prior calendar year to achieve the plan objectives – including any targets, include a summary of:
      • the actions taken
      • the amount, if any, your facility has reduced the substance's:

        • use
        • creation and
        • discharges to air, land or water
      • the amount of the substance, if any, your facility has reduced that was contained in product during the prior calendar year. Note: this applies only to those prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
    • If your facility has voluntarily amended its plan in the prior calendar year, summarize the changes that were made.
  6. Certification

    Include a copy of the signed statement from the highest ranking employee with responsibilities for managing the facility.

    The owner and operator of the facility may choose to redact the signatures of the highest ranking employee and licensed planner from the publically posted certification and replace it with an indication that the original was signed. Note: the facility must maintain a signed certification with the plan on-site.

Summary: Information your facility will provide to the public
  1. General Information

    Include general information about your facility, contact people and list of toxic substances used and/or created.

  2. Facility's approach to toxic substance accounting

    Amounts of the toxic substance used, created and contained in product expressed in specific amounts or in ranges.*

  3. Facility's objectives and targets

    A copy of the objectives your facility set out in the current version of the plan and any target.

  4. Your facility's progress in reducing the toxic substance

    Compare your toxic substance accounting results to the previous reporting period and provide a summary of the reasons for any changes.

  5. Progress your facility has made to implement its plan (if applicable)

    Include a summary of:

    • Estimates of reductions achieved.
    • Difference between steps taken and those set out in the plan.
    • Amendments to the plan.
  6. Certification

    Include a copy of the signed statement from the highest ranking employee at the facility.

    The owner and operator of the facility may choose to redact the signatures of the highest ranking employee and licensed planner from the publically posted certification, and replace it with an indication that the original was signed. Note: the facility must maintain a signed certification with the plan on-site.

* Amounts released, disposed, transferred are publicly available on the NPRI website. Facilities are required to make all other required information available to the public on the Internet.

4. How will your facility distribute its report to the public?

Refer to subsections 27(1) and 27(4) of the regulation.

Your facility must provide copies of the report:

  • on the Internet (for example, on the facility's or parent's company website), on or before December 31 of the year in which the required to be prepared
  • in print form, upon written request from a member of the public.

Your facility must ensure that the current report remains posted on the Internet until a new version is posted.

In addition, your facility must notify employees that it has released the report no later than five days after the day that it makes the report available to the public on the Internet.

Step 3: Developing a plan to reduce a prescribed toxic substance

With this step, your facility will identify and assess options to reduce the use and creation of a toxic substance . The planning process may reveal opportunities for reducing the use and creation of the prescribed toxic substance. As a result of going through this process, your facility may decide to implement one or more toxic substance reduction options.

Six actions in developing a Toxic Substance Reduction Plan:

  1. Establish a cross functional team (suggested, not required).
  2. Identify the costs associated with a toxic substance.
  3. Identify ways to reduce toxics in each of the seven categories of toxics reduction and calculate and record estimates of reduction.
  4. Assess these options, including their technical and economic feasibility.
  5. Choose the best option(s) for implementation (if applicable).
  6. Map out implementation steps and timelines (if applicable).

Important:

Complete a plan for each prescribed toxic substance and keep the plan at your facility.

1. What information must a plan include?

Refer to section 4 of the Act and sections 15.1, 16, 17, 18, 18.1, 18.2, 19, 19.1 and 19.2 of the regulation.

When you are preparing your plan, use the information contained in the report due by the NPRI compliance date (usually June 1st), subject to subsection 30.1(1) of the regulation, in the year (i.e. the plan is based on the previous calendar year's tracking and quantification results).

Tip: Your facility may have already developed documents which meet some plan content requirements or which are useful and or relevant in the preparation of plan content requirements.

The following text describes the content that owners and operators of facilities must include within a plan:

Summary: Required contents of a toxic substance reduction plan*
  1. General Information

    Include general information about your facility, contact people, name and licence number of planner(s) and list of toxic substances used and/or created.

  2. Facility's intent, objectives and targets

    Include a simple statement of your facility's intent to reduce the use and creation of the prescribed toxic substance or the reasons for not including a statement as well as a list of specific objectives including any targets.

  3. Facility's stages and processes

    Include records of: your facility's stages, descriptions of processes and process flow diagrams (visual representation of the flow of the substance through the process).

  4. Information on toxic substance accounting

    Include records of: methods used to track and quantify; quantifications; and reasons why the sum of inputs is not approximately equal to the sum of outputs (if applicable).

  5. Cost estimates

    Include an estimate of your facility's yearly direct and indirect costs related to the substance.

  6. Options to reduce

    Document the options considered by your facility to reduce the use and/or creation of the prescribed toxic substance. For each option, record the estimates of reduction for the toxic substance, and the technical and economic feasibility analyses.

  7. Implementation plan (if applicable)

    Include a list of options that your facility plans to implement including the steps, timetable, estimated reductions and dates for achieving reductions in the use and/or creation or an explanation of why no options will be implemented.

  8. Recommendations by the Planner

    Include the recommendations made by the planner and the rationale for the recommendations and/or an explanation as to why there are no recommendations.

  9. Certifications

    Include signed statements from the highest ranking employee at the facility and the toxic substance reduction planner.

* Prepared for each toxic substance at the facility level.

  1. General information

    About your facility

    Include the:

    • NPRI identification number
    • if applicable, facility's identification number under O. Reg. 127/01
    • name and contact information for the owner and the operator of the facility
    • name and contact information for the highest ranking employee at the facility
    • number of full-time employee equivalents
    • the six digit NAICS Canada code for the facility
    • spatial coordinates for the facility expressed as latitude and longitude

    Important:

    If your facility is a subsidiary of a Canadian parent company, also provide:

    • legal name of the parent company
    • street and mailing address of the company
    • what percentage of the facility is owned by the parent company
    • the business number assigned by Canada Customs and Revenue Agency

    About the toxic substance for which your facility must prepare a plan

    Include:

    • the name, as listed in the Act or NPRI Notices
    • any Chemical Abstract Service Registry number

    About plan contacts

    Provide the name, position, and contact information of the plan contacts:

    • the person coordinating the preparation of the plan
    • the person who prepared the plan (if different from the plan coordinator)
    • any public contact for the facility
    • any technical contact for the facility

    About the toxic substance reduction planner

    Include the:

    • licence number of the planner who made recommendations and provided the corresponding rationale for those recommendations or provided a written explanation of why there are no recommendations
    • licence number of the planner who certified the plan

    Tip: The same planner may make recommendations and certify the plan.

  2. Your facility's intent, objectives and any targets

    Include:

    • a statement of your facility's intent to reduce the use and creation of this substance

      Note: your facility may omit such a statement as long as it provides a statement to say it is not intending to reduce the use and creation of the substance and provides the reasons why. For example, your facility may already have taken steps to reduce the use and creation of the substance. This statement will form part of your facility's plan summary.

    • a list of specific objectives, including any targets your facility may have set for reducing the use or creation of a substance
  3. Your facility's stages and processes

    Include:

    • a record that documents every stage of your facility's operations that uses or creates the substance

      Tip: creating this record was one of the actions required as part of toxic substance accounting; refer to the location of the record within the plan instead of reproducing it

    • a description of the processes within each stage that use or create the substance. Include how, when, where and why the substance is used or created
    • a record of the process flow diagrams for each process that uses or creates the substance

      Tip: creating this record was one of the actions required as part of toxic substance accounting; refer to the location of the record within the plan instead of reproducing it

  4. Your facility's toxic substance accounting information

    Include:

    • a record that identifies the method(s) used to track and quantify the substance and explains why the method or combination of methods was chosen.

      Tip: creating this record was one of the actions required as part of toxic substance accounting; refer to the location of the record within the plan instead of reproducing it

    • the quantifications used to prepare the plan.

      Tip: creating this record was one of the actions required as part of toxic substance accounting; refer to the location of the record within the plan instead of reproducing it

    • if needed, a record that contains the reasons why the sum of the inputs for a given process is not approximately equal to the sum of the outputs for that process.

      Tip: creating this record was one of the actions required as part of toxic substance accounting; refer to the location of the record within the plan instead of reproducing it.

  5. Cost estimates

    Include:

    • an estimate of your facility's yearly costs related to this prescribed toxic substance. This includes direct and indirect costs related to the substance being:

      • used or created
      • released
      • disposed of
      • transferred
      • contained in product that leaves the facility. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
  6. Options to reduce

    Include:

    • a description and analysis of the options that your facility considered to reduce the use or creation of the prescribed toxic substance. Include at least one option for each of the seven categories listed below or an explanation of why an option could not be identified for a particular category.

      The seven categories of toxics reduction options are:

      1. Materials or feedstock substitution
      2. Product design or reformulation
      3. Equipment or process modifications
      4. Spill and leak prevention
      5. On-site reuse or recycling
      6. Improved inventory management or purchasing techniques
      7. Training or improved operating practices

      Important:

      Your facility cannot identify or select options that would:

      • contravene another federal, provincial or municipal law
      • have a greater net negative impact on human health and the environment
    • an estimate of the amount by which each option would reduce the prescribed toxic substance. This includes identifying the estimated reductions in the amount:

      • used
      • created
      • released to air, land or water, disposed of and transferred
      • contained in product leaving the facility. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
    • a record of the data and methods that were used to prepare the estimates of reduction.

      Important:

      All estimates stated in your facility's plans must be:

      • expressed as a percentage and in the unit of measurement required to be used by NPRI or in tonnes if the substance is acetone
      • developed in good faith, using the best available information
      • calculated using the same quantifications set out in the current version of the plan
    • a list of the options that your facility determines are technically feasible

    • a report on the economic feasibility of each option that your facility has determined to be technically feasible. This must include the anticipated savings for each option, if any, and the anticipated payback period
    • a list of options that your facility determines to be both technically and economically feasible. These could be the options that a facility chooses to implement
  7. Implementation plan (if applicable)

    Include:

    • a list of the options, if any, that your facility plans to implement
    • for each option that your facility plans to implement, include:

      • a description of the steps your facility will take to implement the option
      • the timetable for those steps
      • an estimate of the amount by which each option would reduce the amount of the prescribed toxic substance:

        • used
        • created
        • released, disposed of and transferred to air, land or water
        • contained in product. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
      • the anticipated dates for achieving the estimated reductions in use and creation of the substance.

    or

    If your facility does not plan to implement any of the options, state this within the plan and provide an explanation of why no options will be implemented. This statement will also be included in the plan summary.

  8. Recommendations by the planner

    Include:

    • recommendations made by the toxic substance reduction planner and the rationale for the recommendations and/or explain why no recommendations were provided.
      • when making recommendations, the planner will decide whether improvements can be made:

        • in the expertise relied on to prepare your facility's plan
        • to the data and methods used for tracking and quantifying the prescribed toxic substance
        • to the record that documents every stage of your facility's operations that uses or creates the substance
        • to the record of process flow diagrams for each process at your facility that uses or creates the substance
        • to the record that contains the reasons why the sum of the inputs for a given process is not approximately equal to the sum of the outputs for that process, if needed
        • to the description of why the substance is used or created within the processes
        • to the list of options that your facility determines to be both technically and economically feasible; specifically the toxic substance reduction planner will determine whether there are additional options that would result in reductions of the prescribed toxic substance that are equal to or greater than those already identified in the plan
        • to the estimate of the amount by which each option would reduce the prescribed toxic substance. This includes the estimated reductions in the amount:

          • used
          • created
          • released, disposed of and transferred to air, land or water
          • contained in product leaving the facility. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
        • to the technical feasibility analysis
        • to the economic feasibility analysis of technically feasible options
        • to the estimate of your facility's yearly costs related to this prescribed toxic substance. This includes direct and indirect costs related to the substance being:

          • used or created
          • released
          • disposed of
          • transferred
          • contained in product that leaves the facility. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
        • to the description of the steps your facility will take to implement an option(s) and the timetable for those steps, if your facility has chosen to implement an option(s)
  9. Certifications

    Include certifications from:

    • the highest ranking employee at the facility with management responsibilities related to the facility. This person must sign a statement that he or she has read the plan, is familiar with its contents, and that to his or her knowledge the plan is factually accurate and that it complies with the Act and regulation
    • a person with prescribed qualifications (a toxic substance reduction planner). This person cannot be the same person as the highest ranking employee referred to above. This person must sign a statement that he or she is familiar with the processes at the facility that use or create the toxic substance, that he or she agrees with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4(1) of the Act and that it complies with the Act and regulation

    Tip: Only one certification statement by the highest ranking employee at the facility and/or by the planner is needed for all plans contained in a single document.

    A planner may certify before or after the highest ranking employee provided both sign the same version of the plan.

2. What does a toxic substance reduction planner do?

A toxic substance reduction planner:

  • makes recommendations to improve the plan and provides the accompanying rationale for this advice
  • certifies that the facility's plan(s) meet the requirements set out in the Act and regulation

A toxic substance reduction planner may also assist your facility in preparing the plan by offering advice.

3. What happens if your facility needs to file a plan for more than one substance?

Subsection 3(2) of the Act allows for more than one plan to be included in a single document.

Your facility may group the prescribed toxic substances into one overarching plan as long as all the requirements of planning for each of the toxic substances are met. The overarching plan should list all of the substances to which it applies. Alternatively, your facility may within a plan, reference another plan so that it does not have to repeat information.

This provision may be especially useful if, for instance, there are substances that flow through your facility in the same stages and processes (e.g. VOCs or PAHs), or if multiple substances are present in one input material.

4. Can your facility use documents prepared for another purpose?

Yes. Your facility may use a document or portions of a document prepared for another purpose or another government to prepare or include in the plan, plan summary and/or report, as long as all the requirements set out in the Act and regulation are met for each of the required documents. Section 45 of the Act makes this possible.

Possible examples of these types of documents include environmental management systems (EMS), pollution prevention plans, facility business plans and health and safety documents.

The ministry recognizes information contained in other documents may meet the requirements set out in the Act and regulation, but in some situations your facility may need to supplement the document prepared for another purpose with additional information in order to ensure that all of the requirements of the Act are met. This may be achieved by modifying an existing document, by creating a new document that references the existing information and also contains supplementary information

What happens if your facility wants to change its plan(s)?

See section 5 of the Act and sections 20 and 23(2)(b)(i) of the regulation.

Your facility may amend its plan(s) at any time. If your facility decides to amend a plan, it must have the plan recertified by:

  • the highest ranking employee, stating that he or she has read the plan, is familiar with its contents and to his or her knowledge the current version of the plan is factually accurate and complies with the Act and regulation.
  • a person with prescribed qualifications (a toxic substance reduction planner). This person cannot be the same person as the highest ranking employee referred to above. This person must sign a statement that he or she is familiar with the processes at the facility that use or create the toxic substance that he or she agrees with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4(1) of the Act and that it complies with the Act and regulation

Tip: Only one certification statement by the highest ranking employee at the facility and/or by the planner is needed for all plans contained in a single document.

A planner may certify before or after the highest ranking employee provided both sign the same version of the plan

Important:

If your facility amends its plan, it must also amend its summary within 30 days. This ensures that the summary you file electronically with the ministry and provide to the public on the Internet always reflects the current version of the plan.

What records of its plan(s) does your facility need to keep?

Refer to section to 28 of the regulation.

Your facility is required to keep the following documents on site for at least seven years:

  • Toxic Substance Reduction Accounting and Planning records including the tracking and quantification records (This is the annual report submitted by NPRI compliance date (usually June 1st), subject to subsection 30.1 (1) of the regulation, each year)
  • Toxic Substance Reduction Plan
  • Toxic Substance Reduction Plan Summary

If the government requests a copy, for example through an inspection, provide the required document(s).

Step 4: Developing and providing summaries of your facility's plans to reduce toxics

A plan summary is a valuable way to communicate with Ontarians. It tells the public:

  • why your facility uses or creates a prescribed toxic substance
  • whether your facility intends to reduce its use and creation of the substance, and
  • how it intends to achieve those reductions

What if your facility does not intend to reduce – or cannot reduce – its use and creation of a prescribed toxic substance? For example, what if there are no options available? Or, the substance has beneficial uses? In these cases, a plan summary lets you communicate clearly to Ontarians the reasons why.

1. What information must a summary include?

Refer to section 8 of the Act and section 24 of the regulation.

Although briefer, a plan summary reflects the current version of the plan.

Summary: Required contents of a plan summary
  1. General Information

    Include general information about your facility, contact people and list of toxic substances used and/or created.

  2. Your facility's intent, objectives and targets

    Include a copy of your facility's intent to reduce the use and creation of a substance and a list of specific objectives including any targets.

  3. How your facility will achieve its goals

    Include a list of options, if any, that your facility plans to implement, estimated reductions and anticipated dates for achieving reductions, or explain why your facility does not plan to implement any options.

  4. Other information from your facility's plan

    Include a statement that the plan summary is accurate, up to date and reflects the current version of the plan.

  5. Copy of certifications

    Include a copy of the signed statements from the highest ranking employee at the facility and a person with prescribed qualifications. Note: the facility may choose to redact the signatures of the highest ranking employee and licensed planner from the publically posted certification and replace it with an indication that the original was signed. The facility must maintain a signed certification with the plan on-site.

  6. Optional content

    Include additional activities to reduce toxics and rationale for implementing options selected.

  1. General information

    About your facility

    Include:

    • name and contact information for the person identified as the public contact
    • NPRI identification number
    • if applicable, facility's identification number under Reg. 127/01
    • number of full-time employee equivalents
    • the six digit NAICS Canada code for the facility
    • spatial coordinates for the facility expressed as latitude and longitude

    Important:

    If your facility is a subsidiary of a Canadian parent company, also provide:

    • legal name of the parent company
    • street and mailing address of the company
    • what percentage of the facility is owned by the parent company

    About the toxic substance(s) for which your facility must prepare a plan

    Include:

    • the name, as listed in the Act or NPRI Notices
    • any Chemical Abstract Service Registry number(s)
    • a list of all the toxic substances at the facility for which a plan is required
    • a description of why the substance is used or created at the facility

    About the toxic substance reduction planner

    Include the:

    • licence number of the planner who made recommendations and provided the corresponding rationale for those recommendations or provided a written explanation of why there are no recommendations
    • licence number of the planner who certified the plan
  2. Your facility's intent, objectives and any targets:

    Include:

    • a copy of your facility's statement of intent to reduce the use and creation of the prescribed toxic substance or your facility's statement to say it is not intending to reduce the use and creation of the substance and provides the reasons why
    • a copy of your facility's objectives. This includes any targets your facility may have set for reducing the use or creation of a prescribed toxic substance
  3. How your facility will achieve its goals

    If your facility plans to implement an option(s), include:

    • a description of the option(s)
    • an estimate of how each option will reduce the amount:

      • used
      • created
      • released, disposed of and transferred to air, land or water
      • contained in product(s). Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
    • the anticipated dates/timeframes for achieving these estimated reductions in use and creation

    If your facility does not plan to implement any options, state this clearly and provide a copy of the explanation of why no options will be implemented, as contained in the plan.

  4. Other information to include:
    • a statement that the plan summary is:

      • accurate
      • up to date, and
      • reflects the current version of the plan

    Your facility may also include:

    • its rationale for the option(s) it has chosen to implement
    • a description of any actions that your facility has taken to reduce the use and creation of the toxic substance(s)
  5. Copies of certifications

    Include the copies of signed statements from the:

    • highest ranking employee at the facility with responsibilities to manage the facility
      • The facility may choose to redact the signatures of the highest ranking employee and licensed planner from the publically posted certification and replace it with an indication that the original was signed. Note: the facility must maintain a signed certification with the plan on-site.
    • person with prescribed qualifications (a toxics substance reduction planner).

2. How will your facility distribute its plan summary to the public and the ministry?

Refer to subsection 23(2) of the regulation.

Your facility must submit its plan summary to the ministry electronically via Single Window.

Your facility must provide copies of the plan summary:

  • on the Internet (for example, on the facility's or parent's company website), on or before December 31 of the year in which the report is required to be prepared
  • in print form, upon written request from a member of the public.

Your facility must ensure that the current plan summary remains posted on the Internet until the new version is posted.

In addition, your facility must notify employees that it has released the report no later than five days after the day that it makes the report available to the public on the Internet.

Step 5: Reviewing your facility's plan(s) to reduce toxics

Refer to section 7 of the Act.

The Act requires that facilities review their plans regularly. This ensures that your facility:

  • updates its plans from time to time
  • looks into whether methods for tracking and quantification should be changed
  • looks into whether new reduction options are available
  • looks into whether previously identified options are now feasible.

1. What are the key dates for reviewing your facility's plans?

Refer to section 21 of the regulation.

  • Facilities that prepared a plan on or before December 31, 2018 are required to review their plan and submit a new plan summary by December 31st of 2019, 2023, and every five years thereafter.
  • Facilities that prepared a plan during the period beginning January 1, 2019 and ending on December 31, 2022 are required to review their plan and submit a new plan summary by December 31st of 2023, and every five years thereafter.
  • Facilities that prepared a plan on or after December 31, 2023 are required to review their plan and submit a new plan summary by December 31st of the applicable year based on a five year cycle (i.e. due by December 31st of 2028, 2033, etc...).

Interim reviews: If your facility makes a significant process change in any given year, this would trigger a plan review in the next year. In these cases, your facility must review and update its plan by December 31 of the year after the year in which your facility made the significant process change.

What is a significant process change?

For the purpose of the Act and regulation, a significant process change occurs when a facility:

  • adds a new, distinct process that uses or creates a prescribed toxic substance and is not already described in the plan, or
  • alters an existing process that results in at least a 15% increase in the use or creation of the prescribed toxic substance in that process

This applies when the change does not result from implementing an option set out in the current version of the plan.

Note: An increase in throughput/production of 15% or more within a process, regardless of whether or not there is an alteration to the process, would not constitute a significant process change.

2. What actions are required when reviewing your facility's plan(s)?

Refer to section 22 of the regulation.

The new version of the plan, created as a result of the review, will reflect any revised business decisions that your facility may have made.

Your facility needs to review and update all of the elements of its plan(s). In addition to updating all the elements of its plan(s), your facility will also include the following in the new version of the plan(s):

  1. Where applicable, a statement as to whether the reason(s) for including a statement to say your facility is not intending to reduce the use and creation of the prescribed toxic substance remains valid and, if not, the new reason(s).
  2. Where applicable, an explanation of why your facility no longer intends to reduce the use and creation of the prescribed toxic substance including whether it is the result of successfully implementing a toxics reduction option, if your facility previously had a statement to say it is intending to reduce the use and creation of the prescribed toxic substance.
  3. An update of the objectives and an explanation for any changes to the objectives including why an objective is no longer valid or requires revision.
  4. Any update of the following records that is necessary to ensure the records are accurate and complete:
    • the record that identifies and describes all the stages and processes at your facility
    • the record that contains the process flow diagrams that give a visual representation of the movement of the substance through each process
    • the record that identifies the method(s) that your facility uses for tracking and quantification and explains why your facility chose the method(s)

    Reminder:
    Your facility may choose to change the method(s) it uses for tracking and quantification at the time of the plan review.

  5. Any update to the description of the processes within each stage that use or create the substance to ensure it is accurate and complete. It describes how, when, where and why the substance is used or created.
  6. An update of the identification, estimates of reduction for amounts of the substance used, created, released, disposed of and transferred to air, land and water and contained in product, and of the technical and economic feasibility analysis of reduction options.
    • Note: Your facility may make use of new technologies, green chemistry solutions and other innovations. This is your facility's chance to assess new solutions for toxics reduction
    • Estimates of reduction for amounts contained in product apply only to those prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
  7. Where applicable, an update to the estimate of the amount by which each option that is being implemented would reduce the amount of the prescribed toxic substance:
    • used
    • created
    • released, disposed of and transferred to air, land or water
    • contained in product. Note: this applies only to prescribed toxic substances that are not criteria air contaminants (Part 4 of Schedule 1 to the NPRI Notice), volatile organic compounds or acetone
  8. Any update of the timetable for implementing an option.
  9. Any update of the indirect and direct annual costs to ensure they are accurate and complete.
  10. Correct any errors in the plan.
  11. Ensure that:
    • the highest ranking employee at your facility certifies the new version of the plan, specifically that:

      • the review conducted that year was done in accordance with the Act and regulation
      • he or she has read the current version of the plan
      • is familiar with its contents
      • to the best of his or her knowledge the plan(s) is factually accurate and that it complies with the Act and regulation
    • the toxic substance reduction planner certifies the new version of the plan.

Tip: Only one certification statement by the highest ranking employee at the facility and/or by the planner is needed for all plans contained in a single document.

A planner may certify before or after the highest ranking employee provided both sign the same version of the plan.

Your facility also needs to include records containing the explanation of why the sum of the inputs does not approximately equal the sum of the outputs, if applicable, for each year since the plan was last reviewed and/or prepared. Note: including tracking and quantification records for each year since the plan was last reviewed and/or prepared are not required because a facility is already required to maintain all accounting and planning records on-site for seven years. Only the tracking and quantification records for the previous calendar year are required.

Actions required as part of the review

As part of the review, your facility will review all elements of the plan and:

  1. If needed, modify the statement of intent

    Where applicable:

    • If your facility still does not intend to reduce the use and creation of the toxic substance determine whether the reason(s) remains valid or include the new reason(s)
    • If your facility no longer intends to reduce the use and creation of the toxic substance explain why, including whether it is the result of successfully implementing a toxics reduction option.
  2. Update objectives

    Update the objectives and explain the reason(s) for any changes.

  3. Ensure records are accurate and complete

    Records:

    1. Identifies and describes all the stages and processes at your facility.
    2. Contains the process flow diagrams.
    3. Identifies the tracking and quantification method(s) and explains why your facility chose the method(s).
  4. Update process descriptions

    Update the description of the processes to ensure they are accurate and complete.

  5. Include the record of tracking and quantification and the record containing the reasons why the sum of the inputs does not approximately equal the sum of the outputs (if applicable)

    Include the record containing the explanation of why the sum of the inputs does not approximately equal the sum of the outputs (if applicable) for each year since the plan was reviewed and/or prepared. Note: including tracking and quantification records for each year since the plan was last reviewed and/or prepared are not required because a facility is already required to maintain all accounting and planning records on-site for seven years. Only the tracking and quantification records for the previous calendar year are required.

  6. Update cost estimates

    Update the indirect and direct annual costs related to the substance to ensure they are accurate and complete.

  7. Update identification and analysis of reduction options

    Update the options considered by your facility to reduce the use and/or creation of the substance. For each option, update the estimates of reduction and the technical and economic feasibility analysis.

  8. Update reduction estimates (if applicable)

    Where applicable, update the reduction estimates associated with each option that is being implemented.

  9. Update timetable (if applicable)

    Where applicable, update the timetable for implementing an option(s).

  10. Correct any errors in the plan
  11. Certify the new version of the plan

    Ensure the highest ranking employee at your facility and the toxic substance reduction planner certify the new version of the plan. Include the signed statements. Also include the planner's recommendation(s) and licence number(s).

3. What If my facility no longer meets all of the criteria?

Refer to section 11.2 of the regulation.

Your facility may be subject to the Act at this time, but may not meet all of the criteria in the future. To determine this, your facility must be able to answer 'yes' to one of these questions:

  • Has it stopped operating in the manufacturing or mineral processing sector?
  • Has it permanently reduced the number of employees at the facility to zero?
  • Has it stopped using or creating a prescribed toxic substance in all of its processes?
  • Is it no longer required to report for acetone, under O. Reg. 127/01, because it failed to meet the substance or employee thresholds for acetone?
  • Is it no longer required to provide information to NPRI because it failed to meet the activity, substance or employee thresholds?

If your facility answered yes to one of these questions, it needs to notify the ministry and prepare an Exit Record. This Exit Record is due by the NPRI compliance date (usually June 1st), subject to subsection 30.1 (1) of the regulation, in the year after your facility no longer meets one or more of the criteria. To learn more, review the section on How to prepare an Exit Record (at right).

The Exit Record helps the ministry distinguish between facilities that are no longer subject to the requirements of the Act and regulation from those that are not in compliance.

Important:

The regulation offers a special exemption for three toxic substances:

  • dioxins
  • furans
  • hexachlorobenzene

You must follow a special procedure to claim this exemption. To learn more, review Appendix A, Special Exemptions.

4. How to prepare an Exit Record

Refer to section 11.2 of the regulation.

An Exit Record:

  • Describes why your facility is no longer required to prepare a plan under the Act. For example, your facility:
    • no longer belongs to the regulated class of facilities (i.e. no longer engages in manufacturing)
    • has ceased to have any employees on site
    • has ceased to use and create the toxic substance in all processes
    • is no longer required to report under O. Reg. 127/01 for acetone
    • is no longer required to provide information about the substance under NPRI
  • Shows that your facility has not met all the criteria for being required to account, plan and report under the Act. For this purpose, it needs to provide the following to the ministry:
    • the information and any quantifications used by the facility to conclude that it did not meet all of the prescribed criteria in the regulation
  • Includes a certification by the highest ranking employee at the facility with management responsibilities relating to the facility. This must state that this individual:
    • has read the Exit Record and is familiar with its contents
    • confirms the factual accuracy of the account of the circumstances that led to giving the Record – to the best of his or her knowledge

Tip: Only one certification statement by the highest ranking employee at the facility is needed for all exit records in a single document

The ministry will provide the Exit Record to the public on the Internet or upon written request, subject to subsection 30.1 (2) of the regulation. Exit Record information made available to the public will not include the information and any quantifications used by the facility to make the determination.

Important

The facility may choose to redact the signatures of the highest ranking employee and licensed planner from the publically posted certification and replace it with an indication that the original was signed. Note: the facility must maintain a signed certification with the plan on-site.

5. What if after submitting an exit record my facility meets the prescribed criteria at a later date?

In these cases, one of two different scenarios may apply:

  1. Your facility meets all the criteria within two years or less of submitting an exit record:

    Refer to section 11.3 of the regulation.

    If your facility:

    • was not subject to the requirements of the Act and regulation for a particular toxic substance in the last year or in the last two consecutive years
    • provided an Exit Record to the ministry
    • and now meets all of the criteria

    Your facility, in most cases (see note below), may 'revive' its most recent plan. The facility may simply carry on with the most recent plan as if there was no interruption in the planning/review cycle.

    Important:

    If your facility meets all the criteria in a review year, or the first year after a review year, your facility must prepare a new plan (i.e. pretend it is the first year your facility must comply with the Act and Regulation).

  2. Your facility meets all the criteria within three or more years of submitting an exit record:

    Refer to section 11.4 of the regulation.

    If your facility:

    • was not subject to the requirements of the Act and regulation for a particular toxic substance in the last three consecutive years
    • provided an Exit Record to the ministry, and
    • now meets all of the criteria

    Prepare a new plan (i.e. pretend it is the first year your facility must comply with the requirements in the Act and regulation).

A table in Appendix C outlines 1) a summary of key regulatory reporting issues for exit records and the actions a facility can take to ensure regulatory reporting requirements are met, and 2) a summary of commonly observed data quality reporting issues for exit records and the actions a facility can take to address these.

Frequently Asked Questions

In this section, you'll find answers to questions we are often asked about the Act and the regulation. If you have other questions after reading this guide, please let us know.:

The Act and Exemptions

  1. Our facility does not engage in manufacturing or mineral processing activities. Do requirements set out in the Act and regulation apply to our facility?

    No. Your facility must undertake manufacturing or mineral processing activities as well as be required to provide information to the federal National Pollutant Release Inventory (NPRI) or report under O. Reg. 127/01 in order to be captured. If your facility reports to NPRI but does not engage in manufacturing or mineral processing activities, it is not captured by the Act and regulation.

  2. Are the content requirements of a toxic substance reduction plan the same as those for an ISO 14001 Environmental Management System (EMS) or a Canadian Environmental Protection Act, 1999 (CEPA) P2 Plan?

    In some cases they may be the same. In other cases, an EMS or CEPA P2 plan will need to be supplemented with additional information before it meets all of the requirements for a toxic substance reduction plan. However, the use of an existing EMS or CEPA P2 plan as a foundational tool will likely reduce the amount of work needed to meet the content requirements of a toxic substance reduction plan.

Toxic Substance Accounting, Planning and Reporting

  1. How is our facility supposed to determine the amounts used, created, destroyed, transformed, released, disposed of, transferred and contained in product?

    Your facility is required to use the best available method or combination of methods to determine this amount. When choosing method(s), consider:

    • what is the best way to quantify the amount?
    • what are facilities in similar sectors using?
    • what method(s) are economically viable?
    • what are some established and recognized methods?
    • what method(s) are required by other laws?

    Refer to section 5.0 of the Toolkit for Toxic Substance Accounting.

  2. Are any specified activities and/or things excluded from the accounting, planning and reporting requirements?

    Each year, the related NPRI Notice may list a number of exclusions. Your facility needs to determine whether it meets the criteria for reporting by referring to the current NPRI Notice. These same exclusions apply for the purpose of accounting, planning and reporting on the toxic substances prescribed in the Act and regulation. Please see the NPRI guidance documents for more informationfootnote 8.

  3. Does my facility need to account, plan and report on feedstocks?

    If a facility is subject to the Act and regulation, all inputs should be considered, including feedstocks.

    Ontarians have the right to know which substances originate from naturally occurring feedstocks. Accounting, planning and reporting will enable facilities to better understand the use of toxic substances in their processes and may highlight areas in which less toxic alternatives may be substituted. While some facilities may not be able to change their feedstocks, they may be able to identify and implement processing efficiencies.

    In some cases, feedstocks may be considered to be articles. Please refer to NPRI for guidance on what is considered to be an article.

  4. My facility's plan contains sensitive information. What provisions are in place to protect its confidentiality?

    Plans are to be kept at the facility. Your facility will provide a summary only to the Ministry and the public.

    In some cases, the Ministry could request a plan or portion of a plan, as in the case of an inspection by an Environmental Officer. In such cases, your facility would be able to stamp it confidential.

    In addition, your facility may choose to report facility-wide amounts used, created and contained in product to the public in ranges specified by the Ministry.

  5. What administrative rules does my facility need to follow under the legislation?

    There are several administrative rules that a facility must follow when tracking, quantifying, reporting and planning. These rules are described below.

    Unit of Measurement

    Please refer to section 31 of the regulation.

    The unit of measurement used for tracking or reporting is the same unit that is required under NPRI for that substance. For acetone the unit is tonnes.

    Errors

    Please refer to subsections 29(1), 29(2) and 29(3) of the regulation.

    If the owner and the operator of your facility becomes aware of any errors in a summary, report or notice provided to the Ministry, he or she must inform the Ministry and submit the correct information within 30 days.

    Should your facility require more time, it may request an extension. The Ministry will then determine whether and how much more time should be given.

    Forms

    Please refer to section 30 of the regulation.

    The plan summary, report and any records required are to be provided in an electronic form specified or approved by the Ministry.

    Records

    Please refer to section 28 of the regulation.

    Your facility must keep all records created or acquired to comply with the legislation on site for seven years. This includes records used for toxics accounting or to prepare, review or amend a plan, a plan summary or report.

    Change in ownership

    Please refer to subsection 29(4) of the regulation.

    The new owner or operator of your facility must inform the Ministry within 30 days of any change in ownership.

Toxic Substance Reduction Planner

  1. How can I become a Toxic Substance Reduction Planner?

    To become a toxic substance reduction planner you must:

    1. Demonstrate you meet one of the following criteria:
      • hold a Bachelor's degree in a relevant field and have four years of relevant work experience; or
      • hold a college diploma in a relevant field and have six years of relevant work experience; or,
      • have eight years work experience with a minimum of two years in environmental management and two years in operational activities in a manufacturing or mineral processing setting;
    2. Take a Ministry-approved training course;
    3. Pass a Ministry-approved exam; and,
    4. Apply for a licence and pay for the licence.

    To find out more, refer to the Toxic Substance Reduction Planner Licence page on the Ministry of the Environment website for details on licensing qualifications, courses, exams, fees and resources.

Enforcement

  1. How will the Ministry ensure compliance with the legislation?

    The Ministry of the Environment is responsible for ensuring compliance with the Act and regulation. It will work closely with the regulated community, taking a fair, familiar and progressive approach. Steps can include:

    • education and outreach. This can take the form of pointing facilities to tools to support compliance. Examples: guidance materials, grants, information sessions and technical support
    • phone calls and letters
    • inspections
  2. What enforcement measures are included in the legislation?

    Measures to enforce the Act and regulation follow those similar to other environmental laws. Examples include:

    • Environmental Protection Act
    • Ontario Water Resources Act
    • Safe Drinking Water Act, 2002
    • Clean Water Act, 2006

    Example: The Act gives the Ministry the authority to inspect facilities, at a reasonable time, to ensure that proper records are

    • kept on site
    • complete
    • accurate

    The Ministry will also be able to track some compliance issues among regulated facilities through their submission of plan summaries and reports. This approach will help the Ministry focus on facilities that are more likely to be out of compliance.

  3. What happens if the Ministry finds that a facility has failed to comply with the legislation?

    By law, the Ministry would be able to take certain steps to ensure that compliance is achieved and/ or to deter other instances of non compliance. The Ministry could send the facility a letter, bringing the non-compliance activity to the facility's attention and asking the facility to come into compliance within a set time frame. Alternatively if the facility still did not come into compliance after receiving the letter, the Ministry could issue an order to the facility to comply.

    If an individual or a corporation is found guilty of an offence under the Toxics Reduction Act, 2009, a court can impose penalties as follows:

    For individuals

    • up to $25,000 a day for a first offence
    • up to $50,000 a day for a second offence

    For corporations

    • up to $50,000 a day for a first offence
    • up to $100,000 a day for a second offence

Ministry’s Initiatives

  1. How does the Ministry report on Ontario's progress?

    The Ontario government has established a website/information system to inform Ontarians about toxic substance reduction in Ontario by:

    • providing province-wide reports on the current status of toxics; and
    • providing province-wide reports on the progress of facilities in reducing

    In addition, the Ministry must prepare an annual report that describes the progress facilities make in implementing the Act and regulation. These reports are available to the public via the Ministry's website.

  2. Will there be any changes to the list of toxic substances in the future?

    As required by the Act, at least once every five years, the Minister of the Environment will consult with experts and the public regarding possible changes to:

    • the list of toxic substances – both additions and deletions
    • substance thresholds
    • employee thresholds

    The process for changes is open and transparent. This process is known as the Living List process. The ministry will consider each nomination according to criteria detailed in the nomination guide and decide if a substance will be reviewed. As part of its review, the ministry will consult with experts and interested parties. The Ministry will:

    • post details about the process on the Ministry website. This includes the criteria for decisions and opportunities for stakeholder participation
    • inform stakeholders and the public of any changes made to the list of substances and or thresholds through the Environmental Registryfootnote 9
  3. Does the Ministry plan to introduce new regulations in the future?

    At this time, the Ministry has deferred proclamation of the sections of the Act that relate to:

    • substances of concern
    • administrative penalties
    • consumer products

    Any actions related to those sections will not apply until a regulation has been put in place. Any new regulation would detail the requirements that facilities must meet.

    The Ministry would consult with the public and stakeholders to set these requirements.

  4. Will the Ministry introduce any new authorities related to consumer products in the future?

    The Ministry will continue to work with the federal government to promote the use of existing federal powers to address toxic substances in consumer products.

    The Toxics Reduction Act does provide new authorities related to consumer products which the Ontario government would be able to use to protect Ontarians.

    Consultation with stakeholders and the public would take place prior to the development of any regulation under these new authorities.

  5. Where can I learn more?

    Information on the Ministry of Environment’s Toxics Reduction Program can be found at Ontario's Toxic Reduction Program webpage.

Appendix A – Exemptions for dioxins, furans and hexachlorobenzene

Refer to section 9 of the regulation.

The regulation provides for an exemption for the following three groups of substances:

  • dioxins
  • furans
  • hexachlorobenzene

NPRI requires a facility to provide information on dioxins, furans and hexachlorobenzene no matter what amount was released, disposed and transferred off-site for recycling.

In cases where your facility is below the estimated levels of quantification set out in the given NPRI notice for these substances, it is eligible for an exemption.

In order to take advantage of this exemption, your facility must be able to answer 'yes' to these questions:

  • Is the concentration of the substance released on-site, disposed of, or transferred off-site for recycling less than the applicable estimated levels of quantification set out in the NPRI Notice?
  • Has it determined the quantity of the substance through monitoring or source testing?

If your facility wants to take advantage of the exemption, provide a record to the Ministry by the NPRI compliance date (usually June 1st), subject to subsection 30.1 (1) of the regulation, subject to subsection 30.1(1), in the year after your facility falls below the applicable estimated levels of quantification set out in the given NPRI notice for the substance. This record is referred to as a "Record of Exemption". Provide a record for three consecutive years. Once your facility has provided three records in a row, all the obligations related to dioxins, furans and/or hexachlorobenzene under the Act and regulation cease as long as your facility does not meet or exceed the estimated level of quantification.

To learn more, read the section below on How to prepare a Record of Exemption.

Important:

The Record of Exemption helps the Ministry distinguish between facilities that are no longer required to comply with the Act and regulation from those that are not in compliance. The exemption would last as long as your facility does not meet or exceed the estimated level of quantification.

How to prepare a Record of Exemption for dioxins, furans and hexachlorobenzene

A Record of Exemption:

  • Describes why your facility is now exempt under the Act.
  • Shows that your facility does not meet the estimated levels of quantification set out in the NPRI Notice for dioxins, furans or hexachlorbenzene.

Your facility needs to provide a record of the information and any quantifications it used to determine its exempt status.

  • Includes a certification by the highest ranking employee with management responsibilities relating to the facility. This must state that this person:
    • has read the record and is familiar with its contents
    • confirms the factual accuracy of the account of the circumstances that led to giving the record – to the best of his or her knowledge

Tip: Only one certification statement by the highest ranking employee at the facility is needed for all records contained in a single document.

The Ministry will provide the Record of Exemption to the public on the Internet or upon written request, subject to subsection 30.1 (2) of the regulation. The Ministry will not make the detailed information your facility provides available to the public.

Important:

Important: The facility may choose to redact the signatures of the highest ranking employee and licensed planner from the publically posted certification and replace it with an indication that the original was signed. Note: the facility must maintain a signed certification with the plan on-site.

Appendix B – List of Documents Required to be Created for Each Toxic Substance

Table of Documents Required to be Created for Each Toxic Substance
Document Due Date Related Provisions in the Toxics Reduction Act (TRA) and/or Regulation
Record of tracking and quantification Same as annual report:
Due by the NPRI compliance date, subject to subsection 30.1(1), in the year following the calendar year for which the data was collected
O. Reg. 455/09: para. 3 of s. 12 (2)
Record of no approximate balance Same as annual report: By the NPRI compliance date (usually June 1st), subject to subsection 30.1 (1), in the year following the calendar year for which the data was collected O. Reg. 455/09: para. 4 of 12
(2) as well as subsection 18 (3)
Report Due annually by the NPRI compliance date (usually June 1st), subject to subsection 30.1(1), in the year TRA: s. 10
O. Reg. 455/09: s. 25, s. 26
and s. 27
Record of stages Same as plan and plan review: December 31 O. Reg. 455/09: 12 (2) 1 i
and ii as well as section 16.
Record of process flow diagrams Same as plan and plan review: December 31 O. Reg. 455/09: 12 (2) 2 i
and ii as well as section 16.
Record of method or combination of methods Same as plan and plan review: December 31 O. Reg. 455/09: 12 (2) 5 as
well as section 16
Record of the data and methods that were used to prepare the estimates of reduction Same as plan and plan review: December 31 O. Reg. 455/09: 17 (5) (c)
First Toxic Substance Reduction Plan Due by December 31 of the year that follows the calendar year in which the facility meets all of the prescribed criteria. TRA: s. 4
O. Reg. 455/09: s. 16, s. 17, s. 18, s. 19
First Toxic Substance Reduction Plan Summary Due at the same time as the plan TRA: s. 8
O. Reg. 455/09: s. 23 and
New Version of Plan (after Plan Review) Due by December 31 of the year of the review (i.e. 2019, 2023 and every five years after or the year after a significant process change) s. 24
TRA: s. 7
O. Reg. 455/09: s. 21 and
s. 22
New Version of Plan Summary (after Plan Review) Due at same time as the plan
Due by December 31 of the year of the review (i.e. 2019, 2023 and every five years after or the year after a significant process change)
O. Reg. 455/09: s. 23 (2) (b) (ii)
Exit Record Due by the NPRI compliance date (usually June 1st), subject to subsection 30.1(1), in the year after your facility no longer meets all of the criteria O. Reg. 455/09: s. 11. 2
Record of Exemption By the NPRI compliance date (usually June 1st), subject to subsection 30.1(1) in the year after your facility falls below the applicable estimated levels of quantification set out in the given NPRI notice. Note: Provide this record for three consecutive years. O. Reg. 455/09: s. 9
Notice of errors Within 30 days of becoming aware of an error in inaccuracy O. Reg. 455/09: s. 29 (4)
Notice of change in ownership Within 30 days of the change O. Reg. 455/09: s. 29 (1), (2) and (3)

Appendix C – Guidance for the Submission of Quality Data in Annual Reports under the Toxics Reduction Act, 2009

Important:

This appendix is to be used for guidance purposes only. It is intended to:

  • Provide recommendations to enhance meeting regulatory reporting requirements; and,
  • Provide support to ensure high quality data is submitted to the Ministry of the Environment and Climate Change and made available to the public under the requirements of the Toxics Reduction Act, 2009.
Regulatory Reporting Requirements
Activity Regulatory Requirement Action That Can be Taken By The Facility
Annual report submissions

Annual reports are not submitted, or submissions are made after the NPRI compliance date (usually June 1st).

Facilities are required to submit annual reports to the ministry via the online reporting interface, Single Window, by the NPRI compliance date (usually June 1st) each year Facilities must ensure that annual reports are submitted each year by the NPRI compliance date (usually June 1st).
Facilities do not post some, or all, of the required information from their annualreports publically on the internet.

For example:

  1. a comparison of the current year’s toxic substance accounting to the previous year.
    • If a facility uses the report generated by Single Window to share with the public, the comparison of the current year’s toxic substance accounting to the previous year is reflected
  2. a copy of the annual report certification by the highest ranking employee is not posted.
    • A facility can download the electronic certification from Single Window by selecting “Print SOC” in the Reporting Dashboard page. This will generate the statement of certification to print or download into PDF, and append to the public annual report.
Facilities are required to post information from their annual reports publically on the internet Ensure all required information for the public postings of the annual reports is posted to the internet.

Refer to Step 2 in the section ‘Steps to Comply with the Legislation’ in the Ontario Toxics Reduction Program: A Guide For Regulated Facilities for the public posting requirements.

Exit Records

Facilities do not submit a substance exit record when a substance drops below the TRA reporting thresholds, or, facilities do not submit an exit record when other criteria for the application of the TRA are no longer met (i.e. a facility no longer meets the requirements to report under the TRA).

Facilities are required to submit a record to the Director if the Toxics Reduction Act (TRA) no longer applies to specific substances previously reported on, or if other criteria for the application of the TRA are not met.

These notifications take form as either a substance exit record or an exit record called “Does Not Meet Criteria Report” in Single Window

If a facility drops below the reporting threshold in the legislation for a substance in a year, a substance exit record must be submitted for that substance via Single Window by June 1st of the following year.

If a facility no longer meets any of the other criteria for the application of the TRA, an exit record also known as a “Does Not Meet Criteria” Report or “DNMC” Report in Single Window must be submitted by the NPRI compliance data (usually June 1st) of the following year.

The DNMC option is available in the drop down Reporting Category menu, on the Reporting Dashboard page of Single Window.

Refer to Step 5 in ‘Steps to Comply with the Legislation’: ‘How to prepare an Exit Record’, in the Ontario Toxics Reduction Program: A Guide For Regulated Facilities for the public posting requirements.

Best Practices for Data Quality
Activity Action That Can be Taken By The Facility
Selecting the required programs

Facilities are selecting “ON MOE Reg. 127/01” as a program they are reporting on, even though they are not reporting on acetone.

When reporting, a facility must select only the reporting programs that applies to it. If a facility is only captured in NPRI and ON MOE TRA (and not in ON MOE Reg. 127/01), only these program boxes should be checked off. Once a facility has selected the reporting programs, it cannot undo this page without deleting the progress report.

To determine if a facility is captured in ON MOE TRA, refer to ‘Do the Act and Regulation Apply to My Facility?’ in the Ontario Toxics Reduction Program: A Guide For Regulated Facilities.

Tombstone administrative information

Changes between facility administrative information from one annual report to another.

If a facility has previously reported, it is advisable to review and update administrative information as required, such as the list of contacts, company and parent company information, and addresses (including geographical address), to ensure it is accurately reflected in the fields for new annual reports.
Updating pre-populated data

Current year’s data is similar or identical to previous year’s data.

The pre-population tool allows facilities to populate the current report using a previous year’s data. If used, it is important to ensure the accuracy of the data for the most current year by reviewing all fields and making updates as required. For example, it is important to ensure that the section comparing annual amounts in the annual report is comparing the current year’s data to the previous year’s data – not the data from two years prior.

Also, if a facility is using the pre-population feature for the current year’s report, the facility will need to click on ‘no it is not your first time reporting the substance’ in your newest report before proceeding to the next step.

Large differences in values year over year Review submitted data for significant differences and adjust values if applicable.

Higher or lower values are often errors caused by data entry or using incorrect reporting units. Review submitted data to correct any data entry errors as well to ensure you are reporting using correct units, as NPRI occasionally changes reporting units.

If the significant difference observed in the data is correct, providing a reason for the change can assist the ministry understand why these changes have occurred.

For a list of updates to reporting thresholds and units under the National Pollutant Release Inventory and the Ontario Toxics Reduction Program, visit NPRI website.

Limited information is provided to explain reason for change In case of any significant changes in reported values compared to the previous calendar year (i.e. values that are significantly higher or lower than in past year), a facility must provide an explanation in the ‘reason for change’ section. Comprehensive answers in this section will help the ministry understand why these changes have occurred.