Toxics Reduction Act, 2009, S.O. 2009, c. 19

• Jurisdiction: Ontario

Toxics Reduction Act, 2009

S.o. 2009, chapter 19

Historical version for the period June 1, 2021 to December 30, 2021.

Note: This Act is repealed on December 31, 2021. (See: 2019, c. 4, Sched. 5, s. 1)

Last amendment: 2021, c. 4, Sched. 10, s. 8.

CONTENTS

General

Purposes

1 The purposes of this Act are,

(a) to prevent pollution and protect human health and the environment by reducing the use and creation of toxic substances; and

(b) to inform Ontarians about toxic substances. 2009, c. 19, s. 1.

Definitions

2 In this Act,

“Director” means a Director appointed under section 13; (“directeur”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“Minister” means the Minister of the Environment or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“provincial officer” means a person who is designated by the Minister as a provincial officer for the purposes of this Act and the regulations; (“agent provincial”)

“substance of concern” means a substance prescribed by the regulations as a substance of concern for the purposes of this Act; (“substance préoccupante”)

“toxic substance” means a substance prescribed by the regulations as a toxic substance for the purposes of this Act; (“substance toxique”)

“Tribunal” means the Ontario Land Tribunal. (“Tribunal”) 2009, c. 19, s. 2; 2021, c. 4, Sched. 6, s. 97.

Section Amendments with date in force (d/m/y)

2021, c. 4, Sched. 6, s. 97 - 01/06/2021

Toxic Substance Reduction Plans

Requirement for toxic substance reduction plans

3 (1) The owner and the operator of a facility shall ensure that a toxic substance reduction plan is prepared for a toxic substance in accordance with this Act and the regulations if all of the following criteria are met:

1. The facility belongs to a class of facilities prescribed by the regulations.

2. The number of persons employed at the facility exceeds the number of persons prescribed by the regulations.

3. The toxic substance is used or created at the facility and the amounts of the substance that are used or created meet the criteria prescribed by the regulations.

4. Such other criteria as are prescribed by the regulations. 2009, c. 19, s. 3 (1).

Use of single document

(2) A single document may contain more than one toxic substance reduction plan. 2009, c. 19, s. 3 (2).

Contents of plan

4 (1) A toxic substance reduction plan for a toxic substance shall, in accordance with the regulations, contain the following:

1. Subject to paragraph 2, a statement that the owner or the operator of the facility intends,

i. to reduce the use of the toxic substance at the facility, if the substance is used at the facility, and

ii. to reduce the creation of the toxic substance at the facility, if the substance is created at the facility.

2. If the plan does not include a statement that complies with paragraph 1, the reasons for not including the statement.

3. The objectives of the plan, including any targets for reducing the use or creation of the toxic substance at the facility.

4. A description of each process at the facility that uses or creates the toxic substance, including,

i. a description of how, when, where and why the substance is used or created, and

ii. quantifications that,

A. were made under section 9 before the plan was prepared,

B. were used to prepare the plan, and

C. show, as of the time the quantifications were made, how the substance entered the process, whether it was created, destroyed or transformed during the process, how it left the process and what happened to it after it left the process.

5. A description and analysis of options that were considered for reducing the use and creation of the toxic substance at the facility, including an analysis of the feasibility of each option.

6. A statement identifying the options described in paragraph 5 that will be implemented, or a statement that none of the options will be implemented.

7. If an option described in paragraph 5 will be implemented,

i. a description of the steps that will be taken by the owner or operator of the facility to implement the option,

ii. a timetable for taking the steps described in subparagraph i,

iii. an estimate of the amount by which the use of the toxic substance at the facility will be reduced as a result of implementing the option, if the substance is used at the facility,

iv. an estimate of the amount by which the creation of the toxic substance at the facility will be reduced as a result of implementing the option, if the substance is created at the facility, and

v. an estimate of the amount by which discharges of the toxic substance to air, land or water will be reduced as a result of implementing the option, if the substance is discharged to air, land or water.

8. Such other information as is prescribed by the regulations. 2009, c. 19, s. 4 (1).

Certification by highest ranking employee

(2) A toxic substance reduction plan for a facility shall, in accordance with the regulations, contain a certification, signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating that he or she has read the plan and is familiar with its contents, that the plan is factually accurate, and that the plan complies with this Act and the regulations. 2009, c. 19, s. 4 (2).

Certification by person with prescribed qualifications

(3) A toxic substance reduction plan for a facility shall, in accordance with the regulations, contain a certification, signed by a person who has qualifications prescribed by the regulations, stating 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 (1), and that the plan complies with this Act and the regulations. 2009, c. 19, s. 4 (3).

Separate certifications

(4) The certification required by subsection (3) shall not be signed by the person who signed the certification required by subsection (2). 2009, c. 19, s. 4 (4).

Amendment of plan

5 Subject to section 4, a toxic substance reduction plan may be amended at any time. 2009, c. 19, s. 5.

Copy for Director

6 The owner and the operator of a facility who are required under section 3 to ensure that a toxic substance reduction plan is prepared shall, if a copy of the plan is requested by the Director, ensure that the copy is given to the Director in accordance with the regulations. 2009, c. 19, s. 6.

Review of plan

7 The owner and the operator of a facility who are required under section 3 to ensure that a toxic substance reduction plan is prepared shall ensure that the plan is reviewed in accordance with the regulations. 2009, c. 19, s. 7.

Summary of plan

8 (1) The owner and the operator of a facility who are required under section 3 to ensure that a toxic substance reduction plan is prepared shall ensure that,

(a) a summary of the current version of the plan is prepared in accordance with this Act and the regulations; and

(b) the summary is given to the Director and made available to the public on the Internet and by other means in accordance with the regulations. 2009, c. 19, s. 8 (1).

Contents

(2) A summary required by this section shall, in accordance with the regulations, contain the following:

1. A copy of the objectives of the toxic substance reduction plan, as contained in the plan under paragraph 3 of subsection 4 (1), including any targets for reducing the use or creation of the toxic substance at the facility.

2. A projection of how effective the toxic substance reduction plan will be in meeting the objectives referred to in paragraph 1, including any targets referred to in that paragraph.

3. Copies of the certifications contained in the toxic substance reduction plan under subsections 4 (2) and (3).

4. Such other information as is prescribed by the regulations. 2009, c. 19, s. 8 (2).

Use of single document

(3) Summaries of more than one toxic substance reduction plan may be contained in a single document. 2009, c. 19, s. 8 (3).

Toxic substance accounting

9 The owner and the operator of a facility who are required under section 3 to ensure that a toxic substance reduction plan is prepared for a toxic substance shall ensure that, for each process at the facility that uses or creates the substance, the substance is tracked and quantified, in accordance with the regulations, to show how the 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. 2009, c. 19, s. 9.

Reports on toxic substance reduction plan

10 (1) The owner and the operator of a facility who are required under section 3 to ensure that a toxic substance reduction plan is prepared for a toxic substance shall ensure that reports are prepared in accordance with this Act and the regulations and given to the Director in accordance with the regulations. 2009, c. 19, s. 10 (1).

Contents of report

(2) A report under this section shall, in accordance with the regulations,

(a) summarize the results of the tracking and quantification required for the substance under section 9 during the reporting period and compare those results to results of previous reporting periods, if any;

(b) indicate whether a toxic substance reduction plan was prepared for the toxic substance before or during the reporting period and, if so,

(i) describe the steps taken during the reporting period towards achieving the objectives of the toxic substance reduction plan,

(ii) assess the effectiveness of the steps described under subclause (i), particularly with respect to any targets set out in the plan for reducing the use or creation of the toxic...