The Ministry of the Environment (MOE) is proposing to amend Ontario Regulation (O.Reg.) 73/94 and O.Reg. 681/94. Read the original posting to the Environmental Registry here.

O.Reg. 73/94 is the General Regulation that specifies which ministries, Acts and regulations are subject to the different provisions of the Environmental Bill of Rights,1993 (EBR).

O.Reg. 681/94 is the Instrument Regulation that specifies which instruments are subject to provisions under the EBR. Instruments are defined in the EBR as “any document of legal effect issued under an Act and includes a permit, licence, approval, authorization, direction or order issued under an Act”.

The proposed amendments for O.Reg. 73/94 (General) will prescribe the Lake Simcoe Protection Act, 2008 and the Toxics Reduction Act, 2009 for MOE; and prescribe the Food Safety and Quality Act, 2001 for the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) .

The proposed amendments for O.Reg. 681/94 (Instruments) will prescribe instruments under the Safe Drinking Water Act, 2002, for MOE; prescribe instruments under the Endangered Species Act, 2007 and update existing references to the Endangered Species Act, R.S.O.1990 for the Ministry of Natural Resources (MNR); update the responsibility for issuing instruments under the Crown Forest Sustainability Act, 1994, from MNR to the Ministry of Northern Development, Mines and Forestry (MNDMF); and update references to the Gasoline Handling Code and the Ministry of Consumer and Business Services Act for the Ministry of Consumer Services (MCS).

Purpose of Regulation:
Ontario Regulation 73/94 (General Regulation)

Ministry of the Environment (MOE)

If implemented, this amendment will:

Prescribe the Lake Simcoe Protection Act, 2008 under sections 3, 6 and 12 of the regulation.
This amendment would require environmentally significant proposed regulations to be posted on the Environmental Registry for a minimum of 30 days, and would make regulations subject to applications for review. This amendment would also make the Lake Simcoe Protection Act, 2008 prescribed for whistle blower provisions under the Environmental Bill of Rights, 1993.

If implemented, this amendment will:

Prescribe the Toxics Reduction Act, 2009 under sections 3, 6, 9 and 12 of the regulation.
This amendment would require environmentally significant proposed regulations to be posted on the Environmental Registry for a minimum of 30 days, and would make regulations subject to applications for review. This amendment would also make the Toxics Reduction Act, 2009 prescribed for the application for investigation and whistle blower provisions under the Environmental Bill of Rights, 1993.

Ministy of Agriculture, Food and Rural Affairs (OMAFRA)

If implemented, this amendment will:

Prescribe the Food Safety and Quality Act, 2001 related to the disposal of dead animals, under sections 3 and 12 of the regulation.

The amendment would prescribe matters related to the disposal of deadstock, generally, and amendments to or the replacement of Ontario Regulation 105/09 – Disposal of Deadstock under the Food Safety and Qualtiy Act, 2001 (FSQA) for the purposes of posting of regulations and whistle blower provisions under the Environmental Bill of Rights, 1993.

If implemented, the Minister of Agriculture, Food and Rural Affairs would be required to do everything in his or her power to give notice to the public of any proposed FSQA regulation under consideration related to deadstock disposal and O.Reg. 105/09 – Disposal of Deadstock where that proposal could have a significant effect on the environment for a minimum of 30 days.

Ontario Regulation 681/94 (Instrument Regulation)

Ministry of the Environment (MOE)

If implemented, this amendment will:

Prescribe specific instruments issued under the Safe Drinking Water Act, 2002 as class I proposals for instruments under O. Reg. 681/94.

The amendment to prescribe instruments may require proposals for instruments issued under the Safe Drinking Water Act, 2002 to be posted on the Environmental Registry for a minimum of 30 days.

Ministry of Natural Resources (MNR)

If implemented, this amendment will:

Prescribe specific instruments issued under the Endangered Species Act, 2007 as class I proposals under O. Reg. 681/94.

Provide an administrative update for terminology regarding the Endangered Species Act, 2007 in O.Reg.681/94.

The amendment to prescribe instruments would require proposals for instruments issued under the Endangered Species Act, 2007 to be posted on the Environmental Registry for a minimum of 30 days. The posting requirement does not apply to instruments with an exception under s.32 of the EBR, therefore for purposes of clarity, the proposed amendment does not include instruments with an exception under s. 32. MNR intends to continue voluntary posting of information notices for comment where notice is required under an Environmental Assessment Act process.

This amendment would also provide an administrative update to reflect the Endangered Species Act, 2007 and the fact that threatened and endangered species are now listed in the Species at Risk in Ontario List regulation made under the Endangered Species Act, 2007.

Ministry of Northern Development, Mines and Forestry (MNDMF)

If implemented, this amendment will:

Change ministry name in Part III of the regulation from Ministry of Northern Development and Mines to MNDMF.

Transfer the responsibilities of issuing instruments under the Crown Forest Sustainability Act, 1994 from MNR to MNDMF.

This amendment would require proposed instruments issued under Crown Forest Sustainability Act, 1994 to be posted on the Environmental Registry for a minimum of 30 days.

Ministry of Consumer Services (MCS)

If implemented, this amendment will:

Change ministry name in Part I of the regulation from the Ministry of Consumer and Commercial Relations to MCS.

Update the name of the TSSA instrument from the Gasoline Handling Code to the Liquid Fuels Handling Code.

Update the section and name of the statute establishing authority for a Director’s variance from section 19(3)(c) of the Ministry of Consumer Commercial Relations Act to section 36(3)(c) of the Technical Standards and Safety Act, 2000.

Update the name and relevant sections of the Liquid Fuels Handling Code.

These amendments would provide clarity by updating references to the current name of the Ministry, relevant statutes and the current sections of the relevant Code.