October 2009 - Our Voice in Action

Support This New Draft Regulation under the Toxics Reduction Act

Toxics Reduction Act Regulations: Recommendations

The Take Charge on Toxics Campaign is concerned that the draft regulations will not help to achieve the government's objective for Bill 167 which is to “help protect the health and environment of Ontarians.”

The Take Charge on Toxics Campaign recommends the draft regulations be strengthened to ensure Bill 167 protects the health of Ontarians from the use and release of toxic chemicals. Download a PDF of this page.

Recommendations to strengthen the current draft regulations

The Take Charge on Toxics Campaign strongly recommends the community right-to-know aspect of the draft regulations is strengthened to ensure Ontarians are informed of the use and release of toxic chemicals where they live, work and play.

Public summaries (CRTK):

Ontarians should be informed of exposure to toxic substances at home, at work and in their environment.

  • Clarify Section 19 (3) to ensure the information collected for public purposes must be made available to the public.
  • Ensure the quantities used, created and contained in a product are communicated in exact numbers to ensure the public has the proper information to make informed decisions affecting their health and the environment.
    • Section 19 proposes to allow information on toxics to be expressed in bands or ranges. We strongly recommend these quantities be expressed in exact numbers.

Health and safety information should not be eligible for confidential business information protection.

  • Industry should be required to provide full justification and documentation in writing as to why certain information should be kept confidential.

Targets:

Public summaries should include numerical goals or targets for reducing toxic chemicals in Ontario.

  • The Take Charge on Toxics campaign strongly recommends the regulations make establishing numeric and time-bound targets mandatory for each facility, sector and the province. This will ensure industry, government and the public are able to evaluate the success of Bill 167 and ensure it achieves its’ objective.

Toxics Reduction Reports:

The Medical Officers of Health, Ministry of Health and Ministry of Labour should have access to the Toxics Reduction Plans.

  • The regulations should specify that the facility operator must make full toxic reduction plans available to the local Medical Officer of Health, the Ministry of Health and the Ministry of Labour within one week upon request. This information is crucial for government staff at local and provincial levels that have a responsibility of responding to concerns about health hazards.

Workers should be aware of the toxic chemicals in their work environment.

  • The regulations should specify that worker representatives and joint health and safety committees should have access to the entire toxic reduction plan. They should also be consulted on the toxics reduction plans before they are submitted.
  • There should be a mandatory provision requiring employers to share information concerning the health consequences of exposure to toxic substances in the workplace with employees. This could be done through existing occupational health and safety committees.

Unless the draft regulations are strengthened, the Take Charge on Toxics Campaign is concerned that not enough toxic chemicals will be reduced in Ontario.

List of Substances:

More substances should be covered in phase one to protect the health of Ontarians.

  • In order to fully capture the most used and released toxic chemicals in Ontario, the government needs to add additional substances to their schedules. Also, industry should have to report on Phase 2 substances prior to 2012. The government should refer to the International Agency for Research on Cancer’s (IARC) lists and the National Toxicology Program (NTP) for more substances.

Facilities:

More facilities should have to report on their use and release of toxic substances in Ontario.

  • Expand coverage to all emitting sectors, beyond the proposed inclusion of manufacturing and mineral processing.

Thresholds:

The current thresholds are too high and do not capture smaller facilities and their corresponding emissions and use of toxic substances.

  • The Take Charge on Toxics campaign recommends reducing the current 10-employee threshold to a five-employee threshold and lowering the overall threshold to approximately 1 per cent of the NPRI thresholds (100kg or lower). This would ensure that communities across the province have the same level of disclosure and potential for toxics reduction, and that facilities share equal reporting requirements and access to capacity-building resources.
  • The Take Charge on Toxics campaign is concerned that facilities must meet all criteria set out in the draft regulations as it limits the numbers of facilities that will have to report on their use and release of toxic substances.

Options identification - Section 12 (2):

Industry should be required to make all reasonable efforts to consider substance reduction methods.

  • Since the implementation of plans is voluntary the Campaign feels facilities should be required to identify more that one option for each of the categories in Section 12 (2). Otherwise, this section leaves the door open to facilities picking the easiest option and not making a strong effort to consider all reduction methods.

Changes to thresholds and substances:

The Minister should have to consult with experts and the public about possible changes to substances, threshold and facilities at least every 2 year instead of 5 years.

Other aspects that should be included in the draft regulations

Best Practice Repository:

A best practice repository will assist government, industry and the public learn about best practice in Ontario and other jurisdictions.

  • The Government of Ontario should be prepared to produce comprehensive guidance documents on toxics reduction best practices on a sector by sector basis that draw on such practices world-wide. A best practice repository should be established and be required as part of the reporting to the public. Safer substitution and elimination are best practices and, as such, should be encouraged in plans and reporting requirements under Toxics Reduction Act.

Recommendations for upcoming draft regulations

The development of the regulations regarding substances of concern, living list process, toxics reduction planners and administrative penalties should begin immediately.

Substances of Concern:

  • There should be a legal requirement to make a decision regarding substances of concern.
  • The plans should cover multiple years and should not be a one time report. Reporting of one year does not provide sufficient information to make a decision regarding a substance.
  • The public should have access to the reports.

Living list process:

  • There should be a detailed process for adding substances to the list.

Toxics Reduction Planners:

  • Toxics Reduction Planners should be certified by the province in time to review the 2011 plans for phase one substances.
  • Ontario should require approval of toxics reduction plans be completed by provincially-certified pollution prevention planners. These planners should also be trained in workplace health and safety measures.