New Ontario Self-Permitting Regulation (O. Reg. 1/17)

The Ontario Ministry of the Environment and Climate Change (MOECC) has significantly changed environmental emissions permitting (formerly known as CofAs or ECAs) for many types of industries and facilities effective December 31, 2016. Such permits are now known as EASRs (Environmental Activity Sector Registry).

Any new subject facility, or existing subject facility, making emission-related modifications must change over to an EASR immediately, or by 31 January 2027 at the latest if there are no facility changes. The new requirement applies to the majority of industries and facilities in Ontario.

Subject facilities can now self register and self assess air and noise emissions without need to apply to the MOECC for new approvals or approval amendments, saving time required in obtaining permits. However, the new requirements are more onerous than before and include:

  • Assess all discharges (air contaminants and noise), including impacts modelling
  • Proponent must pay for toxicological assessments on air contaminants that have no MOECC guidelines
  • Screening assessments for odour
  • Noise, dust and odour mitigation plans and control (if necessary)
  • Written O&M procedures, complaints and record-keeping procedures.

Some deemed higher-risk activities, listed under Schedules 4 and 5 of O. Reg. 419/05 will still, however, be subject to ECA application requirements, as before (for example, chemical manufacturing, waste treatment and disposal).

There are also other activities that are ineligible for an EASR including renewable energy projects, wood-fired combustors over 3 MW, and, mobile activities, as a few examples.

A one-time fixed EASR application fee of $2,353 will be charged regardless of the number of pieces of equipment (the prior basis for ECA application fees).

For more information on consequences of these updates on your compliance status please contact:

Dr. Nicole Shantz

Air Quality Scientist

nshantz[at] 905-890-6957 ext. 109

Dr. Lucas Neil

Air Quality Scientist

lneil[at] 905-890-6957 ext. 111