Proposed Amendments to Ontario Regulation 455/09 and the Toxics Reduction Act Posted for Comments

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On July 28, 2017, proposed amendments to Ontario Regulation 455/09 and creation of a new services documents regulation under the Toxics Reduction Act were posted to the Environmental Registry.  Comments on the proposals must be submitted by September 26, 2017.  The full EBR posting, EBR Registry Number 012-8583, can be viewed at the following link.  Excerpts from the post providing an overview of the proposed amendments is provided below as well.

EBR Registry Number 012-8583:


Proposed Amendments to O. Reg. 455/09:

MOECC is proposing that O. Reg. 455/09 be amended with respect to:

1. Reducing a reporting requirement from the annual report for the regulated community Require facilities to report on the estimated amounts of toxic substance reductions from the implementation of more than one option in aggregate rather than per option, as is currently the case.

2. Modifying the planning process to focus on technically feasible options Modify the toxic substance reduction planning process so that estimates of reduction in the use, creation, and discharge of a toxic substance included in the plan would only be required for those reduction options determined to be technically feasible.

3. Simplifying the toxic substance plan review process When creating a new version of a plan as a result of a review of the plan, a facility:

  • Would be required to provide a new statement of intention to reduce a toxic substance or, alternately, the reasons for not making such a statement. A rationale explaining the changes from the previous plan would no longer be required.
  • Would be required to update the objectives, but would not be required to provide a rationale explaining the changes from the previous plan.
  • Would no longer be required to include all the previous years’ records since the current plan was created. Only the previous year’s accounting records would be required to be included. Facilities are already required to retain all documents and records created or acquired for preparing, amending and reviewing plans, and for tracking and quantifying substances for a minimum of seven years.

4. Adjust the schedule and timing of the plan review process Change the date by which facilities must review and prepare a new version of their toxic substance reduction plans from December 31, 2018 to December 31, 2019, and require subsequent reviews of plans take place every sixth year instead of every fifth year.

5. Protecting business confidentiality For the purpose of reporting to the public, require year-over-year comparisons for the use, creation and contained in product to be expressed in percentages only, and not in actual units of measurement as well, as is currently the case.

6. Aligning with changes made to the NPRI reporting requirements

  • Automatically provide facilities with an extension to the due date for submitting, annual reports, exit records and exemption records if NPRI reporting deadlines are extended.
  • Provide the Director with the discretion to extend the due date for submitting plan summaries if there are technical difficulties with submitting them through the online reporting interface (i.e., Single Window).
  • Align administrative information required by the Toxics Reduction Program with that required by NPRI. The changes focus on the North American Industry Classification System (NAICS) codes, spatial coordinates, and email addresses.

7. Clarifying language and intent of the regulation

  • Add a requirement that the annual report information required to be made available to the public on the internet be done so on or before December 31st in the calendar year in which the report was given to the Director and remain available for the duration it is current.
  • Add a requirement that a plan summary be made available on the internet for the duration it is current.
  • Clarify that only certain documents, such as annual reports or plan summaries that are submitted to the Director are the documents that must be submitted in an electronic form approved by the Director.

8. Administrative/housekeeping changes

9. Removing provisions that no longer apply

Proposed New Service of Documents Regulation under the Toxics Reduction Act:

Make a new service of documents regulation under the TRA to modernize how certain documents are served. This would be similar to service of documents regulations found under the Environmental Protection, Safe Drinking Water, Pesticides, Nutrient Management, Clean Water, and Ontario Water Resources Acts.

Comments must be submitted by September 26, 2017 and can be submitted by mail or online:

Erin Harrigan Podgaiz
Senior Program Advisor
Ministry of the Environment and Climate Change
Environmental Programs Division
Program Management Branch
40 St Clair Avenue West
4th floor
Toronto Ontario
Phone: (416) 325-4103

For more information, please contact Marnie Freer.

Alberta AMD Webinar - Friday July 21, 2017

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Alberta Environment and Parks Air Policy Division is hosting an Air Monitoring Directive (AMD) information webcast, scheduled for Friday, July 21st between 10:30 – 11:30 AM.

The webcast is being provided via Zoom. It will be recorded and posted to the AMD website for those who are unable to attend.  If participants have questions after the broadcast they can be emailed to AMDFeedback@gov.ab.ca at any time.

To register for the webcast:

After registering, participants will receive a confirmation email which will provide a link to the live event. It is recommended participants use this link to test the connection and download the Zoom plug-in, if required.  It also recommended that participants register early.

This webcast will be presented in a similar format to previous webcasts – via live stream. Participants will have the opportunity to ask questions and provide feedback by typing in the Q&A box.

The webcast agenda is as follows:

1. AMD Reporting Chapter Reminder - AMD Chapter 9 was released on July 29th, 2016 and will come into effect January 1st, 2019. A brief reminder on the AMD Reporting Chapter requirements for Annual Emissions Inventories and Annual Emissions Inventory Reports will be provided.

2. Draft Annual Emissions Inventory Report Standard and Guidance Document (AEIR Standard) - The AEIR Standard is mainly a technical guidance document on how to carry out the required inventory and complete the Annual Emissions Inventory Report Form.  It provides overall guidance and step-by-step instructions on the various tasks necessary to meet the reporting requirements. The content of the draft AEIR Standard will be briefly covered as well.

3. Draft Annual Emissions Inventory Report Form (AEIR Form) - The AEIR Form is the form that industrial facilities (meeting the reporting thresholds) will be required to complete. The form is a Microsoft Excel workbook containing several worksheets with mandatory and optional fields to fill in.  The various worksheets and the requirements of the AEIR Form will be discussed.

4. Public Review - The Draft AEIR Form and Draft AEIR Standard will be posted on the AMD website for 60-day public review following the webcast. Comments are to be submitted by September 22, 2017.

5. Q & A - Approximately 15 minutes at the end of the webcast have been allotted for answering questions submitted during the webcast.

Questions and feedback received during the webcast will be compiled and posted, along with the responses, to the AMD website.

Links to past webcasts can be located at: http://aep.alberta.ca/air/legislation/air-monitoring-directive/default.aspx.

Please note that some past webcast recordings are no longer accessible for streaming.

If you have any questions regarding the Alberta AMD, please contact Mike Denomme.

Comment Period for Proposed Emission Regulations for Oil & Gas Closing July 27, 2017

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ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 27, 2017, Environment and Climate Change Canada (ECCC) published the proposed regulations for methane and VOC emissions for the oil and gas sector in the Canada Gazette, Part I, for a 60 day comments period; comments will be accepted until July 27, 2017.

Links to the Regulatory Impact Analysis Statement, proposed regulatory text and contact information for comments is provided below.

Regulations Respecting Reduction in the Release of Volatile Organic Compounds (Petroleum Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent to Helen Ryan, Director General, Energy and Transportation Directorate, Environmental Protection Branch, Department of the Environment, Gatineau, Quebec K1A 0H3 (fax: 819-420-7410; email: ec.covsecteurpetrolier-vocpetroleumsector.ec@canada.ca).

Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent by mail to the Oil, Gas and Alternative Energy Division, Department of the Environment, Gatineau, Quebec K1A 0H3 or by email to ec.methane-methane.ec@canada.ca.

For questions on how these regulations may impact your facility, please contact Marnie Freer.

Industry Input Requested for NAFTA Renegotiations

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Industry Input Requested on NAFTA RenegotiationGlobal Affairs Canada has requested the input from industry stakeholders, amongst others, in regards to the renegotiation of NAFTA.  The notice is provided for you below.  Please note the timeline for comments is very short; comments are due on July 18, 2017.


Why is Canada holding consultations on the renegotiation of the North American free trade agreement (NAFTA)?

On May 18, 2017, the United States formally notified Congress of its intention to initiate negotiations related to NAFTA with Canada and Mexico. In order to prepare for the negotiations, Canada is undertaking a broad consultation process with Canadians. We want to hear from you. We need to hear your ideas, your experiences, and your priorities in these consultations. Engaging with Canadians will be an important factor in informing the Government’s positions and proposals in any renegotiation of NAFTA. It will also serve to determine Canada’s objectives and approach to the negotiations.

Who is invited to participate?

All interested Canadians are invited to share their views or comments on the renegotiation of NAFTA, including:

  • Individuals Businesses, including small and medium-sized enterprises (SMEs)

  • Experts/Academics

  • Civil society organizations and not-for-profit organizations

  • Labour unions

  • Provincial, territorial and municipal governments

  • Indigenous peoples

  • Students and youth

  • Any other interested Canadians

What will be the focus of consultations?

We are interested in hearing about what aspects or elements of NAFTA have worked well for Canadians and should remain as is and where changes or improvements could be desirable. A Canada Gazette notice on consultations on the renegotiation of the NAFTA provides background information on the NAFTA initiative, and lists areas for which the government is seeking your views. For those who wish to provide their views directly online, complete the consultation form.

How do I participate?

The Government of Canada is seeking the views of all interested Canadians. There are different ways you can participate in these consultations:

  • Provide a written submission in response to the Canada Gazette Notice until July 18, 2017, using one of these options:

    • Send your submission by email: NAFTA-Consultations-ALENA@international.gc.ca

    • Or mail to: NAFTA Consultations Global Affairs Canada Trade Negotiations – North America (TNP) Lester B. Pearson Building 125 Sussex Drive Ottawa, ON K1A 0G2

  • Complete the online consultation form on the renegotiation of NAFTA.

Comments must be submitted by July 18, 2017.

TDG Regulations Amended & Proposed Changes to Part 12

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TDGR Amended and Part 12 Air Proposed ChangesThe TDG Regulations have been amended to adopt the International Update of 2016. This updated version of the TDG (SOR/2017-137) was published in Part II of the Canada Gazette on July 12, 2017 and are now in effect.

Transport Canada has provided a summary of the changes and the link to the Gazette publication at the following URL:


The majority of changes are to bring the TDG in line with international legislation and standards.

Proposed Changes to Transportation of Dangerous Goods by Air: Part 12

Transport Canada is proposing changes to Part 12 of the TDGR, including amendments to transportation to or from remote areas (‘Limited Access’ Provisions) and aerial work. More information, including consultation documents, can be found at http://www.letstalktransportation.ca/part12air

Comments will be accepted until August 8, 2017 and can be submitted via email to TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

If you have any questions regarding the amended TDGR or the proposed changes to Part 12, please contact Mark Roehler.