On August 1, 2017, the Chemistry Industry Association of Canada (CIAC) provided comments to the Ministry of Economic Development and Growth Red Tape Challenge consultation of the chemical manufacturing sector. CIAC strongly urges member-companies to submit their own comments and suggestions during the consultation period: August 1 to September 30, 2017.
Below is a summary of the key regulatory burdens impacting the competitiveness of the sector and the Association’s recommendations included in the submission (the full submission is available here).
BURDEN: Ministry of Environment and Climate Change (MOECC) O. Reg. 455/09: Toxic Reduction Act (TRA)
- Strongly consider alternative compliance pathways to achieve the same policy objectives. CIAC’s Responsible Care® initiative should be recognized by the Province as an equivalent oversight and public reporting measure in place of the Toxic Reduction Plans and Reports.
- Adjust the Reporting Cycle to require triennial, rather than annual reporting and/or require updated reporting in year following any (operational) approval amendment.
- Develop a provision for exceptions from the regulation where a company can show that a substance required to be included in the Toxic Reduction Plan is an integral part of their business or a commodity for sale, such as a feedstock for manufacturing an intermediate or end product.
- Eliminate the TRA as firms already report the same information into the National Pollutant Release Inventory (NPRI) and develop an information-sharing protocol with the federal government for the NPRI information as noted in the Red Tape Challenge Auto Parts Manufacturing consultation.
BURDEN: Ministry of Environment and Climate Change O. Reg 63/95 and O. Reg 64/95 Effluent Monitoring (Organic and Inorganic Chemical Manufacturing Sectors) Municipal Industrial Strategy for Abatement
- Eliminate the MISA regulations and transfer all relevant water discharge requirements into each facilities’ Environmental Certificate of Approval to enable greater adaptability and Ministry engagement based on changes to operational or other factors.
- Enable facilities to analyze water discharges using technology that meets current industry standards rather than force facilities to use outdated analyzer technology and processes.
- Update MISA regulations to ensure all relevant and up-to-date requirements are in place for covered facilities and establish a protocol for managing amendments in a timely manner.
BURDEN: Ministry of Environment and Climate Change Environmental Protection Act Environmental Compliance Approvals
- Reduce the 1-year service standard for complex approvals. Strive to set lower service standards as other jurisdictions in Canada and the United States process environmental permits much quicker.
- Prioritize and expedite approvals for projects involving new capital investments, job creation and retention, and improved environmental performance ahead of other applications.
BURDEN: Ministry of Environment and Climate Change O. Reg 347 Waste Manifests
- Automate and make online the manifest process to enable simple electronic data protocols which include pre-populated fields, drop-down boxes and electronic file tracking.
BURDEN: Ministry of Labour Occupational Health and Safety Act, R.S.O.1990
- Repeal Section 34 regulation and establish an information sharing protocol with the federal Ministry of the Environment and Climate Change Canadian Environmental Protection Act New Substances Notification Regulations (Chemicals and Polymers).
BURDEN: Technical Standards and Safety Association (TSSA) – various aspects
- Develop, publish and implement consistent standards and related requirements with TSSA.
- Embark on a culture change initiative within TSSA, increasing awareness of their role in being solutions-oriented in their interactions with regulated entities.
- Ensure new project proponents are given a central point of contact within government to rationalize conflicting requirements within and between government regulatory authorities such as the TSSA, the Electrical Safety Authority, the Ministry of Labour and MOECC.
BURDEN: Ministry of Municipal Affairs O. Reg 311/06: Transitional Matters – Growth Plans
- Enact a buffer zone regulation which would explicitly enshrine public safety practices and Ontario’s manufacturing heritage and thereby reduce uncertainty in land planning decision making, both within municipal governments and at the OMB.
For more information on the Red Tape Challenge visit: https://www.ontario.ca/page/red-tape-challenge