REGISTRATIONS UNDER PART II.2 OF THE ACT - SMALL SCALE BREWERIES, O. Reg. 102/23

• Jurisdiction: Ontario

Environmental Protection Act

ONTARIO REGULATION 102/23

REGISTRATIONS UNDER PART II.2 OF THE ACT - SMALL SCALE BREWERIES

Consolidation Period: From July 1, 2023 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Part I
Interpretation and Application

Interpretation

1. In this Regulation,

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

“brewer’s spent grain and waste yeast” means the food waste that is a by-product of beer production; (“drêches de brasserie et levure résiduelle”)

“dust collector” means a piece of equipment that is used to remove dust from the milling of grain; (“dépoussiéreur”)

“EASR publication” means the document entitled “Environmental Activity and Sector Registry - Limits and Other Requirements”, setting out matters such as limits, intensity rates and requirements relating to the equipment and technology used at facilities, the operation of facilities, record-keeping and the monitoring and reporting of information relating to facilities, as amended from time to time and published by the Ministry and available on a Government website; (“publication REAS”)

“Niagara Escarpment Planning Area” has the same meaning as in the Niagara Escarpment Planning and Development Act; (“zone de planification de l’escarpement du Niagara”)

“point of noise reception” means a point described in Chapter 3 of the EASR publication at which sound discharged into the air from a source of sound at a facility is received; (“point de réception de bruit”)

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

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

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

“small scale brewery facility” means a facility that,

(a) is primarily engaged in the commercial production of beer,

(b) in a calendar year, produces 30,000 hectolitres or less of beer or beer and secondary products, if secondary products are produced in that year,

(c) has an hourly packaging rate of no more than 200 hectolitres per hour for beer and secondary products,

(d) has a total facility-wide heat input of 20 gigajoules per hour or less for combustion equipment,

(e) has a maximum thermal input capacity for each piece of combustion equipment of not more than 10.5 gigajoules per hour, and

(f) uses only natural gas, propane or fuel oil for combustion equipment. (“installation brassicole à petite échelle”)

Prescribed activities, s. 20.21 (1) of the Act

2. (1) The use, operation, construction, alteration, extension or replacement of any structure, equipment, apparatus, mechanism or thing that is used for beer production or secondary products production at a small scale brewery facility that meets the criteria set out in subsection (2) is a prescribed activity for the purposes of subsection 20.21 (1) of the Act.

(2) The criteria referred to in subsection (1) with respect to a small scale brewery facility are the following:

1. Any wastewater from the facility is,

i. transferred to a waste management system,

A. that is subject to an environmental compliance approval, or

B. in respect of which an activity has been registered for the purposes of subsection 20.21 (1) of the Act,

ii. discharged to a sewage works that is subject to an environmental compliance approval,

iii. discharged to a sewage system to which the Building Code Act, 1992 applies, or

iv. discharged to a municipal sanitary sewer.

2. If the facility is located in an area of development control within the Niagara Escarpment Planning Area, any development permit required under section 24 of the Niagara Escarpment Planning and Development Act in respect of the facility has been issued and the requirements of this Regulation are not in conflict with any conditions of the permit.

Transition, registration already in effect

3. If, before the day this Regulation comes into force, a person who engages in an activity prescribed by section 2 has already registered the activity in the Registry under Ontario Regulation 1/17 (Registrations under Part II.2 of the Act - Activities Requiring Assessment of Air Emissions) made under the Act, this Regulation does not apply with respect to the activity until the earlier of the following...