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Document ID ca-on-enpe-2007-05 Title Environmental Penalties - Code of Toxic Substances URL https://www.ontario.ca/page/environmental-penalties-code-toxic-substances Jurisdiction /ca/on Subdomain(s) none Language Status completed Analyzed at 2026-05-12 04:14:12.476564+00:00 Relevance inventory_targeted_fetch

Q Qualitative Requirements (27)

Req ID Category Intent Legal Status Name Subdomain(s) Context Conditions Confidence
#Q001administrativeunknownmandatoryPenalty Increase for Toxic Substanceswastewater, otherIf an unlawful discharge (including a violation of limits in MISA regulations, orders or an OWRA approval) or a violation of a person’s duty to restore the natural environment following a spill involves a substance listed in Table 1 to this Code, paragraphs 4 and 5 of subsection 9(1) of the EP regulation require the Director, when determining the amount of the EP order for the violation, to increase the gravity component of the penalty by 35%.When an unlawful discharge or violation of a duty to restore the natural environment involves a substance listed in Table 1high
#Q002operationalhealthrecommendedSpecial Caution for PBT Substanceswastewater, otherBecause of these risks, special caution in use, manufacturing, storage or waste management of PBT substances should be exercised...During the use, manufacturing, storage or waste management of PBT substanceshigh
#Q003administrativeunknownmandatoryHigher Penalty for Uncontrolled Releases of PBT Substanceswastewater, other...and where such caution is not exercised and there are uncontrolled releases of these types of substances into the natural environment, the EP regulations require the Director to impose a higher penalty for certain violations involving such substances.When there are uncontrolled releases of PBT substances due to lack of cautionhigh
#Q004administrativeunknownmandatoryReview and Amendment of Toxic Substances ListotherThe Ministry will, from time to time, review and amend the substances listed in Table 1 to this Code (List of Toxic Substances) to reflect new information it receives.From time to time, as new information is receivedhigh
#Q005administrativereportingmandatoryPublic Notice and Input for List AmendmentsotherBefore adding or removing a substance to Table 1, the Ministry will post a notice of proposal to amend Table 1 to this Code on the EBR Registry, seek public and stakeholder input, and consider that input before making a final decision.Before adding or removing a substance to Table 1high
#Q006operationaloperationalmandatoryOperations and Maintenance Manual Preparationwastewater, otherConditions in the CLI ECA require the municipality, as the ECA holder, to prepare and implement an operations and maintenance (O&M) manual for the system.As the ECA holder of a CLI ECAhigh
#Q007reportingreportingmandatoryAnnual Performance Report Preparationwastewater, otherConditions that must be followed in the CLI ECA require the municipality as the ECA holder, to prepare an annual performance report for the system.Annually as required by CLI ECA conditionshigh
#Q008reportingreportingmandatoryPublic Access to Performance Reportwastewater, otherAs the ECA holder, you are required to make this report available to the public at no charge, for example, by posting the report on the municipal website.Upon completion of the annual performance reporthigh
#Q009reportingreportingmandatoryDirector Notification for System Description Changeswastewater, otherYou are required to notify the Director when changes have been made to the system that result in a change to the description of your system provided in Schedule B of the CLI ECA.When changes result in a change to the description of the system provided in Schedule Bhigh
#Q010administrativeoperationalmandatoryRecord Keeping for Pre-authorized Alterationswastewater, otherYou are required to keep a record of pre-authorized changes on file and available for inspection, for a minimum of 10 years.Following the undertaking of pre-authorized alterationshigh
#Q011administrativereportingmandatorySchedule C Amendment Submissionwastewater, otherAn application to amend the CLI ECA, known as a Schedule C amendment, must be submitted to the ministry before any proposed alterations or changes are made to the works.Prior to any proposed alterations or changes not pre-authorizedhigh
#Q012administrativereportingmandatoryApplication for Review and Renewalwastewater, otherAll CLI ECAs include a requirement to apply for a review and renewal by a date specified in Schedule A of the CLI ECA.By the date specified in Schedule A of the CLI ECAhigh
#Q013operationaloperationalmandatoryMaintenance Documentation Compliancewastewater, otherRoutine maintenance conducted in accordance with requirements listed in the CLI ECA, in accordance with the manufacturer’s recommendations or generally accepted as good engineering practice.During routine maintenance activitieshigh
#Q014reportingreportingmandatoryReporting Overflows and SpillswastewaterFor a municipal sewage collection system, this includes reporting collection system overflows and spills to the natural environment.When overflows or spills occur in a municipal sewage collection systemhigh
#Q015administrativereportingmandatoryPre-submission Meeting for New Systemswastewater, otherIf you are planning to establish a new municipal sewage collection system or municipal stormwater management system in a municipality that does not have a CLI ECA contact us to arrange a pre-submission meeting.When planning to establish a new system in a municipality without a CLI ECAhigh
#Q016designtreatmentmandatoryTechnical Documentation for Treatment AmendmentswastewaterYou must include information that describes the equipment, pre-conditioning processes and relationship to downstream treatment processes.If the application includes new sanitary sewage works with treatment or changes to existing works with treatmenthigh
#Q017administrativereportingmandatoryPhased Project Timelineswastewater, otherFor large or complex projects that will be completed in phases, you must include information that describes your project timelines and phases of implementation.For large or complex projects completed in phaseshigh
#Q018reportingreportingmandatoryPost-Commissioning Director Notificationwastewater, otherThe municipality, as holder of the CLI ECA, will be required to provide Director notification when the works have been commissioned, placed into service, or at specific stages in the project identified within the CLI ECA.When the works have been commissioned, placed into service, or at specific project stageshigh
#Q019administrativereportingmandatoryPayment Documentation RequirementsotherInclude the following in your payment submission: the payment page of the application form. If you are paying using a certified cheque or money order, staple the cheque to the payment page; the reference number of the application, which you can find in your confirmation emailWhen mailing a payment for a CLI ECA amendmenthigh
#Q020monitoringreportingmandatorySTP Phosphorus Compliance Demonstrationwastewaterdemonstrate compliance with the Average Concentration Limit for total phosphorus specified in the approval: 1. at a minimum on a monthly basis, or 2. in the case of a sewage treatment plant with a seasonal discharge, on the frequency specified in the approvalEach sewage treatment plant owner and operator in the Lake Simcoe watershedhigh
#Q021reportingunknownmandatorySTP Initial Effluent Characterizationwastewaterconduct an initial characterization of effluent using a manner specified by the Director within five years of the amendment; and report back to the Director within six months of the initial characterization of effluent being completed.Each sewage treatment plant owner and operator in the Lake Simcoe watershedhigh
#Q022operationaloperationalmandatoryStormwater Works Inspection and MaintenanceotherEvery owner and operator of a new stormwater management works in the Lake Simcoe watershed shall be required to inspect and maintain the works on a periodic basis.Owners and operators of new stormwater management workshigh
#Q023monitoringreportingmandatoryPriority Stormwater Works MonitoringotherEvery owner and operator of a new priority stormwater management works in the Lake Simcoe watershed shall be required to monitor the operation of works, including monitoring the quality of the effluent from the works, on a periodic basis.Owners and operators of new priority stormwater management workshigh
#Q024operationaloperationalmandatoryConstruction Agreement Erosion and Sediment ControlsotherMunicipalities shall ensure that the following measures are incorporated into subdivision agreements and site plan agreements: 1. keep the removal of vegetation, grading and soil compaction to the minimum necessary to carry out development activity; 2. removal of vegetation shall not occur more than 30 days prior to grading or construction; 3. put in place structures to control and convey runoff; 4. minimize sediment that is eroded offsite during construction; 5. seed exposed soils once construction is complete and seasonal conditions permit; and, 6. ensure erosion and sediment controls are implemented effectively.Municipalities preparing subdivision or site plan agreementshigh
#Q025operationaloperationalmandatorySite Alteration StandardsotherSite alteration in the Lake Simcoe watershed shall be undertaken in a manner that incorporates the measures set out in policy 4.20.Persons undertaking site alteration in the Lake Simcoe watershedhigh
#Q026reportingreportingmandatorySTP Effluent Reporting FrequencywastewaterThe STPs are required to report their effluent concentrations and loads either monthly or seasonally (i.e. lagoons).Sewage Treatment Plant operators within the watershedhigh
#Q027administrativereportingmandatoryLegal Notification of List Amendmentswastewater, aquatic life, otherThe Code would then be updated, and an amendment to the Table 1 would not have legal effect under the EP scheme until notice of the amendment has been posted on the EBR Registry or in the Ontario Gazette (see section 177 of the Environmental Protection Act).Prior to an amendment to Table 1 taking legal effecthigh

P Quantitative Requirements (7)

Req ID Category Intent Legal Status Name Subdomain(s) Limit Type Limit Value Context Conditions Confidence
#P001chemicalhealthmandatoryWater Half-lifeotherrequirement>= 6 monthsSubstances are categorized under CEPA as being persistent by the federal Minister of the Environment if any of the following criteria are satisfied.Medium: Waterhigh
#P002chemicalhealthmandatorySediment Half-lifeotherrequirement>= 1 yearSubstances are categorized under CEPA as being persistent by the federal Minister of the Environment if any of the following criteria are satisfied.Medium: Sedimenthigh
#P003chemicalhealthmandatorySoil Half-lifeotherrequirement>= 6 monthsSubstances are categorized under CEPA as being persistent by the federal Minister of the Environment if any of the following criteria are satisfied.Medium: Soilhigh
#P004chemicalhealthmandatoryBioaccumulation Factor (BAF)otherrequirement>= 5000 dimensionlessSubstances are categorized under the CEPA as being bioaccumulative by the federal Minister of the Environment if any of the following criteria are satisfied.high
#P005chemicalhealthmandatoryBioconcentration Factor (BCF)otherrequirement>= 5000 dimensionlessSubstances are categorized under the CEPA as being bioaccumulative by the federal Minister of the Environment if any of the following criteria are satisfied.high
#P006chemicalhealthmandatoryLog Octanol-Water Partition Coefficient (log Kow)otherrequirement>= 5 dimensionlessSubstances are categorized under the CEPA as being bioaccumulative by the federal Minister of the Environment if any of the following criteria are satisfied.high
#P007operationaloperationalmandatoryGravity Component Penalty Increaseotherrequirement35 %If an unlawful discharge or violation involves a substance listed in Table 1 to this Code, the EP regulation requires the Director to increase the gravity component of the penalty by 35%.Unlawful discharge or violation involving a substance listed in Table 1 (PBT substances)high

D Definitions (69)

Req ID Category Name Context Confidence
#D001toxic substanceUnder the EP regulation, “toxic substance” is defined in section 2 to mean a substance listed in this Code.high
#D002PBTssubstances with low biodegradability (persistence), a high potential for bioaccumulation, and substances known or suspected to cause toxic effects such as carcinogenicity, mutagenicity or teratogenicity (affects reproduction). Such substances are known as ‘PBTs’.medium
#D003BioaccumulationBioaccumulation refers to the uptake of substances by biota through consumption of food sources contaminated with the substance, as well as uptake directly from the surrounding media (e.g. water, sediment).high
#D004BAFThe BAF is the amount of a substance within an organism (e.g. in its tissues) that has been taken up either via exposure to the surrounding media (e.g. water) or through ingestion of contaminated organisms on which it feeds.medium
#D005BCFThe BCF is the amount of a substance within an organism (e.g. in its tissues) that has been taken up following exposure to contaminated media in which it resides.medium
#D006log KowThe log Kow is a laboratory derived value which provides indication of a substance’s bioaccumulation potential based on how much of the substance enters into the octanol phase (e.g. lipid surrogate) compared with the water phase.medium
#D007toxica substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity; (b) constitute or may constitute a danger to the environment on which life depends; or (c) constitute or may constitute a danger in Canada to human life or health.high
#D008Greatest Potential for ExposureThose substances on the DSL to which people are expected most likely to be exposed.high
#D009Inherently Toxic to HumansThose substances that are known or suspected of having harmful effects on humans, including cancer, birth defects and damage to genetic material.high
#D010EPEnvironmental penaltyhigh
#D011EPAEnvironmental Protection Acthigh
#D012OWRAOntario Water Resources Acthigh
#D013CEPACanadian Environmental Protection Act, 1999high
#D014CMPChemicals Management Planhigh
#D015MISAMunicipal/Industrial Strategy for Abatementhigh
#D016DSLDomestic Substances Listhigh
#D017PersistencePersistence is related to the length of time that a substance resides in the natural environment.high
#D018half-lifetime it takes for the concentration of a substance to be reduced to half of its original concentration in a specific media (air, water, sediment, soil).high
#D019aquiculture facilitymeans a facility that primarily engages in farm-raising cultured fishhigh
#D020BTEXmeans benzene, toluene, ethylbenzene and xylenehigh
#D021DNAPLmeans dense non-aqueous phase liquidhigh
#D022dischargewhen used as a verb, includes add, deposit, leak or emit and when used as a noun, includes addition, deposit, emission or leakhigh
#D023grademeans the average level of the soil surface in the area surrounding the facility or structurehigh
#D024livestock density mapmeans a map contained in the most recent assessment report for the applicable source protection area and prepared in accordance with sub-rule 16 (10)high
#D025managed land mapmeans a map contained in the most recent assessment report for the applicable source protection area and prepared in accordance with sub-rule 16 (9) of the Technical Ruleshigh
#D026managed land percentagemeans the percentage of managed land for the area as set out on the managed land maphigh
#D027meat planthas the same meaning as in section 1 of O. Reg. 31/05 (Meat) made under the Food Safety Quality Act, 2001high
#D028National airportmeans an airport that serves the national capital region or the Greater Toronto Area, or an airport with annual passenger traffic of 200,000 persons or morehigh
#D029non-agricultural managed landmeans managed land that is not agricultural managed lands including lawns, sport fields and golf courseshigh
#D030NPRI Noticemeans the notice published in Volume 142, No. 7 of the Canada Gazette date February 16, 2008 pursuant to subsection 46(1) of the Canadian Environmental Protection Act, 1999 (Canada)high
#D031pathogenmeans a microscopic organism capable of producing infection or infectious disease in humanshigh
#D032PCB wastehas the same meaning as in regulations 362 (Waste Management – PCBs), R.R.O. 1990, made under the Environmental Protection Acthigh
#D033regional airportmeans an airport with an annual passenger traffic that is less than 200,000 persons and that is not a remote airport or a small airporthigh
#D034remote airportmeans an airport that serves a community where air transportation is the only reliable method of year round transportation between the community and other population centreshigh
#D035sanitary sewagemeans sewage within or from a sanitary sewerhigh
#D036small airportmeans an airport that does not have regular scheduled service to other airports and is not a remote airporthigh
#D037spillhas the same meaning as in subsection 91 (1) of the Environmental Protection acthigh
#D038systemincludes part of a systemhigh
#D039Technical Rulesmeans the Ministry of the Environment and Climate Change document titled ‘Technical Rules: Assessment Report’ as amended from time to time, and made under section 107 of the Clean Water Act, 2006high
#D040total impervious surface area mapmeans a map contained in the most recent assessment report for the applicable source protection area and prepared in accordance with sub-rule 16 (11)high
#D041O. Reg.Ontario Regulationhigh
#D042R.R.O.Revised Regulation of Ontariohigh
#D043NPRINational Pollutant Report Inventoryhigh
#D044No.numberhigh
#D045PCBpolychlorinated biphenylhigh
#D046PCBspolychlorinated biphenylshigh
#D047hauled sewagehas the same meaning as in Regulation 347 (General – Waste Management), R.R.O. 1990, made under the Environmental Protection Act, where the phrase is used in relation to the application of hauled sewage to landhigh
#D048hazardous wastehas the same meaning as in Regulation 347 (General – Waste Management), R.R.O. 1990, made under the Environmental Protection Acthigh
#D049liquid industrial wastehas the same meaning as in Regulation 347 (General – Waste Management), R.R.O. 1990, made under the Environmental Protection Acthigh
#D050municipal wastehas the same meaning as in Regulation 347 (General – Waste Management), R.R.O. 1990, made under the Environmental Protection Acthigh
#D051petroleum refining wastehas the same meaning as in Regulation 347 (General – Waste Management), R.R.O. 1990, made under the Environmental Protection Acthigh
#D052combined sewerhas the same meaning as in section 1 of O. Reg. 528/98 (Approval Exemptions) made under the Ontario Water Resources Acthigh
#D053sanitary sewerhas the same meaning as in section 1 of O. Reg. 528/98 (Approval Exemptions) made under the Ontario Water Resources Acthigh
#D054storm water management facilityhas the same meaning as in section 1 of O. Reg. 528/98 (Approval Exemptions) made under the Ontario Water Resources Acthigh
#D055wastewater collection facilityhas the same meaning as in section 1 of O. Reg. 129/04 (Licensing of Sewage Works Operators) made under the Ontario Water Resources Acthigh
#D056wastewater treatment facilityhas the same meaning as in section 1 of O. Reg. 129/04 (Licensing of Sewage Works Operators) made under the Ontario Water Resources Acthigh
#D057earth pit privyhas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992high
#D058greywaterhas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992high
#D059hauled sewagehas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992, where the phrase is used in relation to a system requiring or using a holding tankhigh
#D060hauled sewage systemhas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992high
#D061holding tankhas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992high
#D062leaching bedhas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992high
#D063privy vaulthas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992high
#D064treatment unithas the same meaning as in O. Reg. 350/06 (Building Code) made under the Building Code Act, 1992high
#D065agricultural operationhas the same meaning as in section 2 of the Nutrient management Act, 2002high
#D066farm animalhas the same meaning as in section 2 of the Nutrient management Act, 2002high
#D067permanent nutrient storage facilityhas the same meaning as in section 1 of O. Reg. 267/03 (General) made under the Nutrient management Act, 2002high
#D068runoffhas the same meaning as in section 1 of O. Reg. 267/03 (General) made under the Nutrient management Act, 2002, where used in relation to agricultural source material, fertilizer or non-agricultural source materialhigh
#D069temporary field nutrient storage sitehas the same meaning as in section 1 of O. Reg. 267/03 (General) made under the Nutrient management Act, 2002high