The Toxic Reductions Act was passed by the Ontario Legislature on June 3, 2009.

A regulated facility would be subject to a requirement to have a toxics reduction plan. Whether it is regulated would depend on whether it is in a prescribed class of facility; whether the number of persons prescribed at the facility meet the prescribed number of persons set by regulation; and whether a substance used or created at the facility and the amounts of that substance meet the criteria prescribed by the regulations; as well as any other criteria which may in the future be prescribed by regulation.

It is likely that manufacturing facilities in those in the mining sector engaged in mineral processing will be prescribed facilities. The toxic substance threshold will likely be the same threshold as in effect under the federal NPRI. Similarly, it is expected that the regulations would follow the NPRI thresholds for the minimum number of employees at a prescribed facility.

Over the summer, the province will consult with stakeholders and the public on draft regulations including the designation of substances, industrial sectors and compliance timelines. The province is proposing to invest $24 million to help Ontario industries meet their requirements and transform their processes, to find green chemistry alternatives and reduce the use of toxics and their operations.

For further information concerning the Toxics Reduction Act and the lists of substances considered for designation, see: http://www.ene.gov.on.ca/en/news/2009/060301fs.php.