Action Alert - Environment Ministry Proposes to Exempt Harmful Activities from Licensing Requirements

ACTION ALERT:

Environment Ministry Proposes to Exempt Harmful Activities from Licensing Requirements

The Ontario Ministry of the Environment, Conservation and Parks is proposing to exempt certain waste management systems, storm water management, and water-taking from licensing requirements.

Update - The government has approved three of the four proposals; see details below.

Streamlining environmental permissions for stormwater management under the Environmental Activity and Sector Registry (ERO number 019-6928)

The government approved these regulatory changes, significantly reducing oversight over certain stormwater management works.

The changes affect three key regulations:

1) New Regulation under the Environmental Protection Act
(effective September 1, 2025)

Proponents of “well-understood” stormwater management works no longer need to apply for Environmental Compliance Approvals (ECAs).
Instead, they can self-register through the Environmental Sector and Activity Registry (EASR) and begin construction immediately.
While a licensed engineering practitioner must prepare a technical report and determine whether projects pose drinking water threats, the shift relies heavily on self-regulation.

2) Amendments to Ontario Regulation 525/98 under the Ontario Water Resources Act
(effective July 1, 2025)

Expanded exemptions now remove permission requirements for more ‘low impact development’ projects, such as those involving residential sewage systems or certain passenger rail tracks.

3) Amendments to Ontario Regulation 287/07 under the Clean Water Act
(effective September 1, 2025)

Source protection plans will no longer need to include policies for significant drinking water threats, if the activities that these threats involve fall under the new EASR framework
This reduces local oversight and shifts responsibility for managing these threats to the provincial registry system.

While the government frames these changes as efficiency measures, they weaken safeguards designed to protect Ontario’ drinking water sources and watershed health. By replacing environmental approvals with self-registration and expanding exemptions, the province is reducing public oversight and accountability.

Streamlining permissions for water takings for construction site dewatering activities and foundation drains, ERO number 019-6853

The Ontario Ministry of Environment Conservation and Parks (MECP) has posted a decision to remove the requirement to obtain a permit for water takings for construction site dewatering activities. Instead, proponents will instead only be required to register these activities on the Environmental Activity and Sector Registry (ERO 019-6853). The MECP has also exempted certain foundation drainage systems from any regulatory oversight.

The decision affect two key regulations:

1) Ontario Regulation 63/16
(Effective July 1, 2025)

Allows proponents to self-register additional construction dewatering activities on the EASR and commence operations immediately. Proponents will no longer be required to obtain government authorization through a Permit to Take Water (PTTW) before commencing operation.
Although a qualified person (QA) (typically a Professional Geoscientist or a Professional Engineer) will need to assess the activity and prepare technical assessments, the move represents a continuing shift towards self registration for activities that may have adverse environmental impacts.

2) Ontario Regulation 387/04
(Effective July 1, 2025)

Exempt low-risk foundation drainage systems used primarily for residential purposes that take less than 379,000 litres of groundwater per day from requiring environmental permissions. These systems will not require a PTTW or need to be self-registered under EASR.

The government has rationalized these changes as providing cost-saving measures and reducing the review timelines for construction projects. However, they also remove important environmental safeguards that have protected Ontario’s water resources. By replacing the requirement to obtain a PTTW with self-registration and expanding exemptions for certain types of foundation drainage systems, the province is also reducing regulatory oversight and accountability.

Streamlining environmental permissions for waste management systems under the Environmental Activity and Sector Registry, ERO number 019-6963

The MECP has posted a decision to remove the requirement to obtain an Environmental Compliance Approval for certain waste management systems.

The decision affects the following regulations:

Ontario Regulation 351/12 will be revoked.
A new Ontario Regulation 119/25 has been enacted.

The original proposal considered amending Ontario Regulation 351/12 under the Environmental Protection Act to move waste management systems that manage the following wastes and activities (as defined in Regulation 347 or in Guideline C-4: The Management of Biomedical waste in Ontario) to the EASR regime. These included:

asbestos waste
biomedical waste
treated biomedical waste
hazardous waste (including polychlorinated biphenyl [PCB] and naturally occurring radioactive material [NORM] waste)
liquid industrial waste
certain types of treated hazardous waste
certain types of temporary in-vehicle storage of waste within vehicles in specific situations:
- temporary in-vehicle storage of waste overnight for waste that is destined out of province where waste cannot be delivered on the same day as it is picked up, or
- temporary in-vehicle storage of waste until the next business day for hauled sewage

The MECP has revoked Ontario Regulation 351/12 and enacted a new regulation (Ontario Regulation 119/25) subject to the following changes from the original proposal.

Waste types:

waste management systems that manage biomedical, treated biomedical, PCB and NORM waste types will not be moved to a registration-first approach and will continue to require an Environmental Compliance Approval from the MECP

Insurance:

the current insurance coverage amount in the existing EASR regulation (two million dollars) will be retained without specifying the amount required to be set aside for spill cleanup by leaving the insurance clause in the current regulation unchanged:

The MECP’s decision to continue to require Environmental Compliance Approvals for biomedical waste, treated biomedical waste, PCB and NORM waste is a positive one. However, the decision to shift other waste, including certain treated hazardous waste and liquid industrial waste, to the EASR regime raises serious environmental concerns. The decision will also result in loss of regulatory oversight and accountability.

2023 Proposal Details

The proposal applies to:

certain waste management systems that involve asbestos waste, biomedical waste, treated biomedical waste, hazardous waste, liquid industrial waste, and treated waste that can not be disposed of by land;
stormwater management; and
water-taking for construction sites dewatering activities and foundation drains.

Lack of Government Oversight and Public Scrutiny

If implemented, the specified changes mean there will no longer by an up-front, detailed review by Ministry staff to assess the potential environmental impacts from the specified operations. It also means that the public participation and appeal rights under the Environmental Bill of Rights, 1993 would no longer apply.

In short – the proposed activities would no longer be subject to either government or public scrutiny before commencing operation in Ontario. Instead, the Ministry is proposing to have the specified activities self-registered under the Environmental Activity and Sector Registry.

UPDATE: CELA sent a letter, endorsed by 13 environmental, conservation, and civil society organizations, to the Ministry outlining our concerns and asking them NOT to proceed with the proposed changes. Click here to access the full submission.

What is the Environmental Activity and Sector Registry (EASR)?

EASR is an online registration system that allows businesses to self-register once they have determined that their proposed activity meets certain eligibility criteria set out in regulation. It will allow businesses to proceed with their activities faster but at the expense of regulatory oversight to ensure the protection of the environment and human health.

TAKE ACTION

View CELA's Informational Webinar

CELA hosted a webinar on Tuesday, October 17, 2023.

CELA staff Ramani Nadarajah and Laura Tanguay explained what types of activities this proposal will impact, the risks of allowing self-registration for the specified activities, and how it will impact government and public oversight.

The webinar recording and slides are available here.

Attend a Government Webinar

The Ministry of Environment, Conservation and Parks is hosting a number of webinars related to these notices. Sign up to learn more about the proposals and to let the government know people are paying attention and are concerned.

Click to learn more and to register:

Submit a Comment

There are TWO ways to submit a comment in response to the postings on the Environmental Registry of Ontario.

First, click on the ERO posting you’d like to reply to (see links below). Then, submit your comments in one of the following ways
Click on the “Submit a Comment” button. You can choose to sign-in, register for an account, or submit a comment without registering, OR
Send an email to permissions.modernization@ontario.ca. Be sure to include the ERO number. For example, ERO 019-6951.

Whichever method you choose, the government is required to consider your comments. It’s important that your comments be individual; form letters are more easily overlooked.

Please refer to the section below titled “Potential Impacts” for ideas on what to include in your comments.

There are four notices on the Environmental Registry of Ontario. All have deadlines of October 30, 2023.

Exploring changes to streamline the permit-by-rule framework, ERO number 019-6951
ero.ontario.ca/notice/019-6951
Streamlining permissions for water takings for construction site dewatering activities and foundation drains, ERO number 019-6853 ero.ontario.ca/notice/019-6853
Streamlining environmental permissions for waste management systems under the Environmental Activity and Sector Registry, ERO number 019-6963 ero.ontario.ca/notice/019-6963
Streamlining environmental permissions for stormwater management under the Environmental Activity and Sector Registry, ERO number 019-6928 ero.ontario.ca/notice/019-6928

Potential Impacts

Following are some of the potential environmental impacts from the proposed changes. Please feel free to reference this content when creating your own submission. Note that more detail will be added as CELA’s review of these proposals continue.

Overall:

We have serious concerns with the Ministry of Environment, Conservation and Parks’ proposal to expand the permit by rule regime to include waste management systems (involving asbestos waste, biomedical waste, treated biomedical waste, hazardous waste, liquid industrial waste and treated waste that can not be disposed of by land); stormwater management; and water-taking for construction sites dewater activities and foundation drains.
The proposal means the Environment Ministry will no longer undertake an up-front detailed review of applications related to the specified activities, thereby weakening regulatory oversight.
The pemit-by-rule process removes public participation and third-party appeal rights under the Environmental Bill of Rights, 1993.
The specified activities, which have the potential to cause significant adverse impacts to the natural environment and human health will no longer be subject to either government or public scrutiny prior to commencing operation in Ontario.

Waste:

Waste-management systems that transport and store waste, in particular, asbestos waste, hazardous waste and biomedical waste have the potential to cause serious harm to the natural environment and human health.
Exposure to asbestos can cause serious health impacts, such as lung cancer and mesothelioma.
Hazardous waste includes substances which are classified as “toxic substances” under the Canadian Environmental Protection Act, and includes metals such as arsenic and chromium that, which are listed as human carcinogens by the International Agency for the Research on Cancer.
Biomedical waste can be infectious or biohazardous and can potentially lead to the spread of infectious diseases.

Stormwater Management:

Improper management of wastewater and stormwater has the potential to cause serious impacts to human and environmental health.
With appropriate regulation and monitoring, stormwater can fulfill public needs, social equity and enhance food security; a lack of proper management results in financial, environmental, and societal costs in terms of human health, mortality, and morbidity.

Water-Taking for Construction Sites Dewatering Activities and Foundation Drains

Regulatory frameworks such as the Clean Water Act and the Ontario Water Resources Act were designed to manage and protect our shared water resources, ecosystems, and health.
Key regulatory tools that currently protect our water include:
- Requirement of permits – including application and approval processes – for extracting more than 50,000 litres of groundwater per day;
- Public consultation that allows local communities to have a say in decisions that may impact them; and
- Requirements for industry to notify local conservation authorities of water-taking practices in order to facilitate collaborative management of water resources and municipal infrastructure, including consideration of drought and flood risks and conditions.
Ontario’s proposal to remove of the limit for groundwater-taking and to allow up to 379,000 litres of groundwater-taking per day without permit, while restricting public consultation and removing the requirement to notify conservation authorities, puts the ecosystem, human health, and municipal infrastructure at risk.