jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation, words used in this Regulation
 1. (1) In this Regulation, “level of quantification” means, in respect of a toxic substance in a calendar year, the level of quantification for the substance within the meaning of the NPRI Notice for the calendar year; “licence” means a toxic substance reduction planner’s licence issued under section 27.1; “NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada as amended or revised from time to time; “NPRI compliance date” means, in respect of a calendar year, the date by which the information required under the NPRI Notice for that calendar year must be provided to the minister of the Crown in right of Canada who is responsible for section 46 of the Canadian Environmental Protection Act, 1999; “NPRI Notice” means, in respect of a calendar year, the notice or notices given under subsection 46 (1) of the Canadian Environmental Protection Act, 1999 that are applicable in that year with respect to substances in the National Pollutant Release Inventory, as published in The Canada Gazette; “NPRI substance” means a substance that is included in the list of substances captured under a NPRI Notice as set out in the NPRI Notice. “toxic substance reduction planner” means, with respect to a toxic substance reduction plan, an individual, (a)  who has the required qualifications for the purposes of signing the certification required under subsection 4 (3) of the Act with respect to the plan, and (b)  who holds a valid licence at the time he or she signs the certification.  O. Reg. 125/10, s. 1 (1); O. Reg. 214/11, s. 1; O. Reg. 295/18, s. 1. (2) In this Regulation, a toxic substance is disposed of in a calendar year if it is disposed of within the meaning set out in the NPRI Notice for that year.  O. Reg. 125/10, s. 1 (1). (3) In this Regulation, a reference to a significant process change at a facility is a reference to a change consisting of, (a)  the addition of a process at the facility that uses or creates a toxic substance, other than a process that is described in the current version of the toxic substance reduction plan for the substance at the facility; or (b)  an alteration to a process at the facility that uses or creates a toxic substance and that is described in the current version of the toxic substance reduction plan for the substance at the facility, if the alteration results in an increase in the use or creation of the substance in the process of at least 15 per cent from the quantifications set out in the current version of the plan.  O. Reg. 455/09, s. 1 (3). (4) For the purposes of this Regulation, if there is more than one owner or operator of a facility during a calendar year in which subsection 3 (1) of the Act applies, the owner and the operator of the facility on December 31 in the calendar year are deemed to be the owner and the operator of the facility for the year.  O. Reg. 125/10, s. 1 (2).
Interpretation, words used in the Act
 2. (1) In the Act, “employee” and “facility” have the same meaning in a given calendar year as the meaning set out in the NPRI Notice for that year.  O. Reg. 125/10, s. 2. (2) In the Act, a toxic substance is destroyed if, after entering a process at a facility, the substance is changed into one or more substances that are not toxic substances.  O. Reg. 455/09, s. 2 (2). (3) In the Act, a toxic substance is transformed if, after entering a process at a facility, the substance is changed into one or more other toxic substances.  O. Reg. 455/09, s. 2 (3).
Toxic substances
 3. (1) The following substances are prescribed as toxic substances for the purposes of the Act:  1.  Any substance that is a NPRI substance, if the substance is in the form specified in the NPRI Notice in which the substance is listed. 2.  Acetone.  O. Reg. 455/09, s. 3 (1); O. Reg. 125/10, s. 3 (1). (2) For greater certainty, a product that contains a NPRI substance that is intended for human or animal consumption and that is manufactured at a food manufacturing or beverage manufacturing facility identified by a NAICS code commencing with the digits “311” or “3121” is not a toxic substance.  O. Reg. 455/09, s. 3 (2); O. Reg. 125/10, s. 3 (2).
Exemptions from requirement to prepare plan
 3.1 (1) Despite subsection 3 (1) of the Act, the owner and the operator of a facility are not required to ensure that a toxic substance reduction plan for a toxic substance is prepared in respect of the year 2018 or any subsequent year. O. Reg. 50/19, s. 1. (2) For greater certainty, subsection (1) does not affect a requirement in this Regulation to prepare a new version of a toxic substance reduction plan that was prepared previously. O. Reg. 50/19, s. 1. Toxic Substance Reduction Plans — Criteria
Toxic Substance Reduction Plans — Criteria
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Class of facility
 4. (1) For the purposes of paragraph 1 of subsection 3 (1) of the Act, a facility at which manufacturing takes place is a prescribed class of facilities.  O. Reg. 455/09, s. 4 (1). (2) The class of facilities prescribed under subsection (1) includes, (a)  a facility identified by a NAICS code commencing with the digits “31”, “32” or “33”; and (b)  a facility identified by a NAICS code commencing with the digits “212” that processes minerals, but only if the mineral processing at the facility involves the use of chemicals to separate, concentrate, smelt or refine metallic or non-metallic minerals from an ore.  O. Reg. 455/09, s. 4 (2); O. Reg. 214/11, s. 2.
Number of persons
 5. For the purposes of paragraph 2 of subsection 3 (1) of the Act, the prescribed number of persons is zero.  O. Reg. 455/09, s. 5.
Amounts of toxic substance used or created
 6. For the purposes of paragraph 3 of subsection 3 (1) of the Act, the amounts of a toxic substance that are used or created at a facility must exceed zero.  O. Reg. 455/09, s. 6.
Other criteria
 7. (1) For the purposes of paragraph 4 of subsection 3 (1) of the Act, (a)  if the substance is a NPRI substance, the NPRI Notice in which the substance is listed must require the owner and the operator of the facility to provide information in respect of the substance in a year subsequent to the year in which the NPRI Notice applies; or (b)  if the substance is acetone, section 4 of Ontario Regulation 127/01 (Airborne Contaminant Discharge Monitoring and Reporting) made under the Environmental Protection Act must apply.  O. Reg. 125/10, s. 4. (2) For greater certainty, (a)  a requirement in a NPRI Notice to provide a report stating that there is no information available regarding the quantity of a toxic substance is a requirement to provide information in respect of the substance; and (b)  a requirement in a NPRI Notice to provide information with respect to total unspeciated poly-cyclic aromatic hydrocarbons is not a requirement to provide information in respect of an individual poly-cyclic aromatic hydrocarbon unless there is a requirement to provide information in respect of the individual substance.  O. Reg. 125/10, s. 4.
Other criteria, same calendar year
 8. For the purposes of paragraph 4 of subsection 3 (1) of the Act, all of the criteria mentioned in sections 4 to 7 of this Regulation must be met in the same calendar year.  O. Reg. 125/10, s. 4.
Exemption, volatile organic compounds
 11. (1) Despite subsection 3 (1) of the Act and the inclusion of volatile organic compounds as a NPRI substance in a NPRI Notice, no toxic substance reduction plan is required to be prepared in respect of volatile organic compounds as a group.  O. Reg. 125/10, s. 4. (2) The exemption in subsection (1) does not apply in respect of a NPRI substance that is listed individually in a NPRI Notice and that is also a volatile organic compound.  O. Reg. 125/10, s. 4. 11.0.1 Revoked: O. Reg. 295/18, s. 3. 11.1 Revoked: O. Reg. 50/19, s. 3.
Creation of record if s. 3 (1) of Act ceases to apply
 11.2 (1) This section applies to the owner and the operator of a facility if, in a calendar year immediately following a year in which subsection 3 (1) of the Act applies to them in respect of a toxic substance, that section of the Act does not apply because one or more of the criteria set out in section 4, 5, 6 or 7 is not met.  O. Reg. 125/10, s. 4. (2) A person mentioned in subsection (1) shall create and submit a record to the Director on or before the NPRI compliance date, subject to subsection 30.1 (1), in the year immediately following the year in which subsection 3 (1) of the Act does not apply, (a)  identifying all criteria that are no longer met; (b)  describing the circumstances that led to the criteria no longer being met; and (c)  setting out all information and any quantifications relied upon in making the determination that the criteria are no longer met.  O. Reg. 125/10, s. 4; O. Reg. 295/18, s. 5 (1). (3) Subject to subsection (3.1), a record submitted under this section shall contain a certification signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following: As of [insert date], I, [insert name], certify that I have read the record created for the purposes of section 11.2 of Ontario Regulation 455/09 (General) made under the Toxics Reduction Act, 2009
in respect of the use and creation of the toxic substance referred to below at [insert name of facility] and am familiar with its contents and to my knowledge it is factually accurate. [insert toxic substance] O. Reg. 214/11, s. 6. (3.1) Records submitted under this section in respect of two or more toxic substance reduction plans for a facility may be contained in a single document and, if that is done, the certifications required by subsection (3) may be combined into a single certification stating the following: As of [insert date], I, [insert name], certify that I have read the records created for the purposes of section 11.2 of Ontario Regulation 455/09
(General) made under the Toxics Reduction Act, 2009
in respect of the use and creation of the toxic substances referred to below at [insert name of facility] and am familiar with their contents and to my knowledge they are factually accurate. [insert list of toxic substances] O. Reg. 214/11, s. 6. (4) The Director shall make available to the public information contained in a record that is given to the Director under this section, other than the information and quantifications mentioned in clause (2) (c), by, (a)  posting the record on the Internet; and (b)  giving a copy of the record to a member of the public, upon written request.  O. Reg. 125/10, s. 4. (5) For the purposes of subsection (4), a signature in a certification may be redacted and replaced with an indication that the original was signed. O. Reg. 295/18, s. 5 (2). 11.3, 11.4 Revoked: O. Reg. 50/19, s. 3. Toxic Substance Accounting
Toxic Substance Accounting
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No accounting required for specified activities and things
 13. Section 9 of the Act does not apply in respect of amounts of a toxic substance that enter a process or are created, destroyed, transformed, released, disposed of, transferred or contained in product, if, under the NPRI Notice, the amounts are excluded from the determination of whether the criteria for reporting under the NPRI Notice are met.  O. Reg. 125/10, s. 6. 14., 15. Revoked:  O. Reg. 125/10, s. 6. Toxic Substance Reduction Plans — Contents
Toxic Substance Reduction Plans — Contents
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Information to be used in preparing plan
 15.1 If a new version of a toxic substance reduction plan is required under subsection 20 (1) to be prepared in a year, the owner and the operator of the facility shall ensure that the plan is prepared using information contained in the report that is required by section 25 to be given to the Director on or before the NPRI compliance date, subject to subsection 30.1 (1), in that year.  O. Reg. 214/11, s. 8; O. Reg. 295/18, s. 6; O. Reg. 50/19, s. 5.
Description of each process
 16. For the purposes of providing a description of each process at a facility, as required under paragraph 4 of subsection 4 (1) of the Act, a toxic substance reduction plan for a toxic substance shall include the records mentioned in paragraphs 1, 2 and 5 of subsection 12 (2).  O. Reg. 455/09, s. 16.
Owner and operator of facility shall ensure accuracy, etc., of plan
 18.1 Before providing a draft copy of a toxic substance reduction plan to a toxic substance reduction planner as required under subsection 18.2 (1), the owner and the operator of a facility who are required under subsection 3 (1) of the Act to ensure that the plan is prepared shall ensure that, (a)  the information set out in the plan is factually accurate; and (b)  the plan contains all information required under the Act and this Regulation, other than, (i)  the information required under paragraphs 12.1 and 12.2 of subsection 18 (2), (ii)  the certifications mentioned in sections 19 and 19.1, and (iii)  anything required under subsection 18 (5).  O. Reg. 214/11, s. 10; O. Reg. 295/18, s. 8.
Recommendations by planner
 18.2 (1) The owner and the operator of a facility who are required under subsection 3 (1) of the Act to ensure that a toxic substance reduction plan is prepared shall provide a draft copy of the plan to a toxic substance reduction planner for the purpose of obtaining recommendations with respect to the plan.  O. Reg. 214/11, s. 10. (2) The recommendations shall be provided for the purpose of improving all aspects of the plan, including, (a)  the potential for reducing the use and creation of the toxic substance at the facility; and (b)  the business rationale for implementing the plan.  O. Reg. 214/11, s. 10. (3) Recommendations made by the toxic substance reduction planner shall address any relevant issues that the toxic substance reduction planner identifies, including the following: 1.  Whether improvements could be made in the expertise relied on in preparing the plan. 2.  Whether improvements could be made in, i.  the data and methods used to make the determinations required under subsection 12 (1), ii.  the records prepared under paragraphs 1 and 2 of subsection 12 (2), iii.  the description in the record required under paragraph 4 of subsection 12 (2), and iv.  the description provided under subparagraph 4 i of subsection 4 (1) of the Act of why the substance is used or created. 3.  Whether there are technically and economically feasible options for reducing the use and creation of the substance at the facility that have not been identified in the plan and that would result in reductions that are equal to or greater than those already identified in the plan. 4.  Having regard to additional methods, the data and any other factors that the toxic substance reduction planner considers relevant, whether improvements could be made, i.  in the estimates of anticipated reduction under paragraph 3 of subsection 17 (1), ii.  in the determination of the technical feasibility of options under paragraph 4 of subsection 17 (1), and iii.  in the analysis of the economic feasibility of options under paragraph 5 of subsection 17 (1). 5.  Whether improvements could be made in the estimates provided under subsection 18 (1). 6.  Whether the steps and the timetable set out in the plan, as required under paragraph 7 of subsection 4 (1) of the Act, are likely to be achieved.  O. Reg. 214/11, s. 10. (4) Unless subsection (5) applies, the owner and operator of the facility shall ensure that the toxic substance reduction planner makes all recommendations with respect to the plan in writing and includes the rationale for his or her recommendations.  O. Reg. 214/11, s. 10. (5) The owner and the operator of the facility shall ensure that the toxic substance reduction planner provides a written explanation if the toxic substance reduction planner is of the opinion that no recommendations are necessary with respect to the matters listed in paragraphs 1 to 6 of subsection (3).  O. Reg. 214/11, s. 10.
Certification by highest ranking employee
 19. (1) Subject to subsection (2), the certification required by subsection 4 (2) of the Act shall state the following: As of [insert date], I, [insert name], certify that I have read the toxic substance reduction plan for the toxic substance referred to below and am familiar with its contents, and to my knowledge the plan is factually accurate and complies with the Toxics Reduction Act, 2009
and Ontario Regulation 455/09 (General) made under that Act. [insert toxic substance] O. Reg. 214/11, s. 11. (2) If, under subsection 3 (2) of the Act, two or more toxic substance reduction plans for a facility are contained in a single document, the certifications required by subsection 4 (2) of the Act may be combined into a single certification stating the following: As of [insert date], I, [insert name], certify that I have read the toxic substance reduction plans for the toxic substances referred to below and am familiar with their contents, and to my knowledge the plans are factually accurate and comply with the Toxics Reduction Act, 2009
and Ontario Regulation 455/09 (General) made under that Act. [insert list of toxic substances] O. Reg. 214/11, s. 11.
Certification by toxic substance reduction planner
 19.1 (1) For the purposes of subsection 4 (3) of the Act, the person who signs a certification under that subsection shall be a toxic substance reduction planner.  O. Reg. 214/11, s. 11. (2) If a new version of a toxic substance reduction plan is created, the new version shall contain a new certification signed by a toxic substance reduction planner.  O. Reg. 214/11, s. 11. (3) Subject to subsection (4), the certification required by subsection 4 (3) of the Act shall state the following: As of [insert date], I, [insert name] certify that I am familiar with the processes at [insert name of facility] that use or create the toxic substance referred to below, that I agree with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4 (1) of the Toxics Reduction Act, 2009 that are set out in the plan dated [insert version date] and that the plan complies with that Act and Ontario Regulation 455/09 (General) made under that Act. [insert toxic substance] O. Reg. 214/11, s. 11. (4) If, under subsection 3 (2) of the Act, two or more toxic substance reduction plans for a facility are contained in a single document, the certifications required by subsection 4 (3) of the Act may be combined into a single certification stating the following: As of [insert date], I, [insert name] certify that I am familiar with the processes at [insert name of facility] that use or create the toxic substances referred to below, that I agree with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4 (1) of the Toxics Reduction Act, 2009 that are set out in the toxic substance reduction plans referred to below for the toxic substances and that the plans comply with that Act and Ontario Regulation 455/09 (General) made under that Act. [insert list of toxic substances, including, for each substance, the date of the plan to which the certification applies] O. Reg. 214/11, s. 11.
Certifications to be signed in same copy of plan
 19.2 (1) The owner and the operator of a facility who are required under subsection 3 (1) of the Act to ensure that a toxic substance reduction plan is prepared shall ensure that the certifications mentioned in sections 19 and 19.1 are signed in the same copy of the plan and that, if the plan is subsequently revised, the certifications are signed in the same copy of the plan as revised.  O. Reg. 214/11, s. 11. (2) A certification mentioned in section 19 may be signed before or after a certification under section 19.1.  O. Reg. 214/11, s. 11. Amendment of Plan
Amendment of Plan
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Amendment, new version of plan required
 20. (1) If a toxic substance reduction plan is amended under section 5 of the Act, the owner and the operator who were required to ensure the plan was prepared shall ensure that a new version of the plan is prepared to reflect all updated information. O. Reg. 50/19, s. 7 (1). (2) Revoked: O. Reg. 50/19, s. 7 (1). (3) The owner and the operator of a facility shall ensure that an amendment under section 5 of the Act is carried out in respect of the current version of a toxic substance reduction plan.  O. Reg. 455/09, s. 20 (3); O. Reg. 50/19, s. 7 (2). (4) Revoked: O. Reg. 50/19, s. 7 (3). (5) Subject to subsection (7), if a new version of a toxic substance reduction plan is created, the new version shall contain a certification, signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following: As of [insert date], I, [insert name], certify that I have read the toxic substance reduction plan dated [insert version date] for the toxic substance referred to below and am familiar with its contents and, to my knowledge, this version of the plan is factually accurate and complies with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under that Act. [insert toxic substance] O. Reg. 214/11, s. 12; O. Reg. 50/19, s. 7 (4). (6) Revoked: O. Reg. 50/19, s. 7 (5). (7) If, under subsection 3 (2) of the Act, new versions of two or more toxic substance reduction plans for a facility are contained in a single document and subsection (5) applies to two or more of the plans, the certifications required by subsection (5) may be combined into a single certification stating the following: As of [insert date], I, [insert name], certify that I have read the versions referred to below of the toxic substance reduction plans for the toxic substances referred to below and am familiar with their contents and to my knowledge those versions of the plans are factually accurate and comply with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09. [insert list of toxic substances, including, for each substance, the version date of the plan to which the certification applies] O. Reg. 214/11, s. 12. 21., 22. Revoked: O. Reg. 50/19, s. 8. Summary of Plan
Summary of Plan
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When summary must be prepared
 23. (1) The owner and the operator of a facility shall ensure that a summary required to be prepared under section 8 of the Act is prepared in respect of the first version of a toxic substance reduction plan and in respect of each new version of the plan prepared as a result of an amendment under section 5 of the Act.  O. Reg. 455/09, s. 23 (1); O. Reg. 50/19, s. 9 (1). (2) If a new version of a toxic substance reduction plan is prepared, the owner and the operator of a facility shall ensure that a summary of the new version is given to the Director, made available to the public on the Internet and given to a member of the public upon written request, subject to subsection 30.1 (2), within 30 days after the new version of the plan is prepared. O. Reg. 50/19, s. 9 (2). (3) The owner and the operator of a facility shall ensure that no later than five days after the day that a summary is made available to the public under subsection (2), notice is given to all employees of the facility regarding the summary.  O. Reg. 455/09, s. 23 (3); O. Reg. 295/18, s. 11 (2). (4) The owner and the operator of a facility shall ensure that the summary remains available to the public on the Internet until a summary of a new version of the plan is made available to the public on the Internet under this section. O. Reg. 295/18, s. 11 (3).
Contents of summary
 24. (1) For the purposes of section 8 of the Act, a summary of the current version of a toxic substance reduction plan for a toxic substance shall contain the following: 1.  The information set out in subsection 18 (2) of this Regulation, except for the information mentioned in paragraphs 8, 9, 10, 11 and 12 of that subsection and the business number mentioned in subparagraph 14 iv of that subsection. 2.  The name of all other toxic substances used or created at the facility for which plans are required to be prepared under subsection 3 (1) of the Act. 3.  If a statement mentioned in paragraph 1 of subsection 4 (1) of the Act is included in the plan, a copy of the statement, and if no statement is included, the reasons referred to in paragraph 2 of subsection 4 (1) of the Act. 4.  A description of why the toxic substance is used or created at the facility. 5.  For the purposes of paragraph 2 of subsection 8 (2) of the Act, a description of any options to be implemented, as identified in the current version of the plan, and, for each of those options, the estimates set out in the plan in accordance with subparagraphs 7 iii to v of subsection 4 (1) of the Act and subsection 17 (4) of this Regulation. 6.  The anticipated timelines for achieving the estimated reductions of the use and creation of the toxic substance. 7.  The statement under paragraph 6 of subsection 4 (1) of the Act that no options will be implemented and a copy of the explanation required under subsection 18 (4) of why no options will be implemented, if the plan contains such a statement. 8.  A statement that the summary accurately reflects the current version of the plan.  O. Reg. 455/09, s. 24 (1); O. Reg. 214/11, s. 14. (2) A summary of the current version of a toxic substance reduction plan may contain a description of any actions that the owner or the operator of the facility has taken to reduce the use and creation of the toxic substance at the facility.  O. Reg. 455/09, s. 24 (2). (3) A summary of the current version of a toxic substance reduction plan may contain a rationale for why the options mentioned in paragraph 5 of subsection (1) were selected for implementation.  O. Reg. 455/09, s. 24 (3). (4) A signature in a copy of a certification that is included in a summary of a toxic substance reduction plan may be redacted and replaced with an indication that the original was signed. O. Reg. 295/18, s. 12. Report
Report
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When report must be prepared
 25. (1) For the purposes of section 10 of the Act, the owner and the operator of a facility shall ensure that on or before the NPRI compliance date, subject to subsection 30.1 (1), in each year a report is, (a)  prepared in respect of the current version of a toxic substance reduction plan that is required to be prepared; and (b)  given to the Director.  O. Reg. 455/09, s. 25; O. Reg. 125/10, s. 11 (1); O. Reg. 295/18, s. 13. (1.1) Section 10 of the Act does not apply in respect of a toxic substance reduction plan for acetone. O. Reg. 352/19, s. 2. (2) Section 10 of the Act applies to the owner and the operator of a facility in a calendar year in respect of a toxic substance reduction plan only if subsection 3 (1) of the Act applied to them during the previous calendar year in respect of the toxic substance.  O. Reg. 125/10, s. 11 (2). (3) For the purposes of this section, the current version of a toxic substance reduction plan in respect of a toxic substance does not include a plan that was prepared before one of the following circumstances occurred in respect of the owner and the operator of the facility: 1.  They were exempt from subsection 3 (1) of the Act in respect of the toxic substance for three or more consecutive years under subsection 9 (2) of this Regulation. 2.  They submitted a record under section 11.2 in respect of the toxic substance because one or more of the criteria set out in section 4, 5, 6 or 7 was not met in a calendar year and subsection 3 (1) of the Act continued to not apply to them for at least two more consecutive years. O. Reg. 50/19, s. 10.
Information to be made available to public
 27. (1) For the purposes of subsection 10 (4) of the Act, the owner and the operator of a facility shall ensure that the following information contained in a report prepared under section 10 of the Act is given to a member of the public upon written request and, on or before December 31 of the year in which the report is required to be prepared, made available to the public on the Internet: 1.  The information referred to in paragraph 1 of subsection 26 (1), except for the information mentioned in paragraphs 8, 9, 10, 11 and 12 of subsection 18 (2) and the business number mentioned in subparagraph 14 iv of that subsection. 2.  The information referred to in paragraphs 2 and 7 of subsection 26 (1). 3.  The information referred to in paragraph 1 of subsection 26 (2). 4.  A summary of the reasons referred to in paragraph 2 of subsection 26 (2). 5.  The information referred to in paragraph 3 of subsection 26 (2). 6.  A summary of the information referred to in paragraphs 4, 5 and 6 of subsection 26 (2). 7.  A summary of any descriptions included in the report under clause 10 (2) (b) (iii) of the Act. 8.  A copy of the certification prepared in respect of the report under subsection 26 (3) or (4). A signature in the copy may be redacted and replaced with an indication that the original was signed.  O. Reg. 455/09, s. 27 (1); O. Reg. 214/11, s. 16; O. Reg. 295/18, s. 15 (1, 2). (2) For the purposes of paragraph 2 of subsection (1), if the Director specifies ranges within which information mentioned in paragraph 7 of subsection 26 (1) may be expressed and the owner and the operator of a facility choose to express the information in a range, the owner and the operator shall express that information in the range specified by the Director.  O. Reg. 455/09, s. 27 (2). (3) For the purpose of subsection (2), the Director may specify ranges having regard to the class of facility, the number of employees at the facility and the toxic substance used, created or contained in product.  O. Reg. 455/09, s. 27 (3). (4) The owner and the operator of a facility shall ensure that no later than five days after the day that the information mentioned in subsection (1) is made available to the public, notice is given to all employees of the facility regarding the provision of the information to the public.  O. Reg. 455/09, s. 27 (4); O. Reg. 295/18, s. 15 (3). (5) The owner and the operator of a facility shall ensure that the information set out in subsection (1) in respect of a report remains available to the public on the Internet until information set out in subsection (1) in respect of a subsequent report is made available to the public on the Internet under this section. O. Reg. 295/18, s. 15 (4). (6) The Director may, for the purposes of subsection 10 (5) of the Act, make available to the public some or all of the information set out in subsection (1) by, (a)  posting it on the Internet; and (b)  giving it to a member of the public, upon written request. O. Reg. 295/18, s. 15 (4). Toxic Substance Reduction Planners
Toxic Substance Reduction Planners
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Replacement licences
 27.3 The Director shall issue a replacement licence to a holder of a licence if the fee established by the Minister for a replacement licence is paid and, (a)  the licence has been lost or destroyed; or (b)  the licence holder’s name has changed and the original licence has been returned to the Director.  O. Reg. 214/11, s. 17.
Refusal to issue, renew, etc.
 27.4 The Director may refuse to issue or renew a licence and may suspend or revoke a licence if, (a)  the application for the issuance or renewal of the licence, or any previous application, contains information that is inaccurate or that the applicant knew to be false at the time the application was made; or (b)  the applicant or licence holder, as the case may be, has been convicted of an offence under the Act.  O. Reg. 214/11, s. 17.
Notice of intended action
 27.5 (1) This section applies if the Director intends to, (a)  refuse to issue a licence; (b)  refuse to renew a licence; (c)  suspend a licence; or (d)  revoke a licence.  O. Reg. 214/11, s. 17. (2) Before taking an action described in clause (1) (a), (b), (c) or (d), the Director shall give written notice of the Director’s intended action to the applicable applicant or holder of the licence.  O. Reg. 214/11, s. 17. (3) Upon receipt of a notice under subsection (2), the applicant or holder may, within seven days after receiving the notice, give the Director written comments to consider before making a final decision.  O. Reg. 214/11, s. 17. (4) If, after considering any comments received from the applicant or holder, the Director makes a final decision to refuse to issue or renew the licence or to suspend or revoke the licence, the Director shall serve a written notice of the final decision, together with the reasons for his or her decision, on the applicant or holder.  O. Reg. 214/11, s. 17.
Appeals re licence
 27.6 (1) Subject to subsection (8), a person may, by written notice served on the Director and the Tribunal, require a hearing by the Tribunal with respect to the Director’s final decision under section 27.5 to, (a)  refuse to issue a licence to the person; (b)  refuse to renew the person’s licence; (c)  suspend the person’s licence; or (d)  revoke the person’s licence.  O. Reg. 214/11, s. 17. (2) The written notice under subsection (1) shall be served on the Director and the Tribunal within 15 days after the notice of the final decision is served on the person under section 27.5.  O. Reg. 214/11, s. 17. (3) Sections 33, 34, 36, 37 and 39 of the Act apply, with necessary modifications, to an appeal of a decision under this section.  O. Reg. 214/11, s. 17. (4) The commencement of a proceeding before the Tribunal in respect of a hearing required under subsection (1) does not stay the operation of the Director’s decision.  O. Reg. 214/11, s. 17. (5) The Tribunal may, on the application of a party to a proceeding before it in respect of a hearing required under subsection (1), stay the operation of the Director’s decision.  O. Reg. 214/11, s. 17. (6) A party to a proceeding in respect of a hearing required under subsection (1) may apply for the removal of a stay that was granted under subsection (5) if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.  O. Reg. 214/11, s. 17. (7) A person who is made a party to a proceeding in respect of a hearing required under subsection (1) after a stay is granted under subsection (5) may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.  O. Reg. 214/11, s. 17. (8) This section does not apply if the person referred to in subsection (1) requested or consented to the Director’s decision to refuse to issue or renew the licence or to suspend or revoke the licence.  O. Reg. 214/11, s. 17. Miscellaneous
Documents and records, retention
 28. (1) The owner and the operator of a facility shall retain at the facility every document and record that they create or acquire for the purposes mentioned in subsection (2) for a period of at least seven years after the date that the document or record is created or acquired or, if the document or record is required to be certified, after the date the document or record is certified.  O. Reg. 455/09, s. 28 (1). (2) The purposes mentioned in subsection (1) are the following: 1.  Preparing a toxic substance reduction plan in accordance with section 4 of the Act. 2.  Amending a toxic substance reduction plan in accordance with section 5 of the Act. 3.  Reviewing a toxic substance reduction plan in accordance with section 7 of the Act. 4.  Preparing a summary of a toxic substance reduction plan in accordance with section 8 of the Act. 5.  Tracking and quantifying a toxic substance in accordance with section 9 of the Act. 6.  Preparing a report in accordance with section 10 of the Act.  O. Reg. 455/09, s. 28 (2). (3) The owner and the operator of a facility shall retain at the facility each version of a toxic substance reduction plan that has been prepared under the Act for a period of at least seven years after the date the version of the plan is certified in accordance with subsection 4 (2) of the Act.  O. Reg. 455/09, s. 28 (3).
Notice of errors and change of ownership
 29. (1) Subject to subsection (2), the owner and the operator of a facility shall, within 30 days after becoming aware of an error or inaccuracy in a document mentioned in subsection (3), notify the Director of the error or inaccuracy and submit the corrected information.  O. Reg. 455/09, s. 29 (1). (2) The owner and the operator of a facility may apply in writing to the Director for an extension of the time limit set out in subsection (1) and the Director may specify an extended time limit if, in the opinion of the Director, the extended time limit is necessary to correct the error or inaccuracy.  O. Reg. 455/09, s. 29 (2); O. Reg. 214/11, s. 18. (3) The documents referred to in subsection (1) are the following: 1.  A summary prepared under section 8 of the Act. 2.  A report prepared under section 10 of the Act. 3.  A record submitted to the Director under section 9 or section 11.2 of this Regulation.  O. Reg. 455/09, s. 29 (3); O. Reg. 125/10, s. 13. (4) If there is a change in the owner or the operator of a facility, the new owner or operator of the facility shall notify the Director in writing of the change within 30 days after the change.  O. Reg. 455/09, s. 29 (4).
Fees relating to licences
 29.1 The Minister may establish fees to be paid for, (a)  the course mentioned in paragraph 2 of subsection 27.1 (2); (b)  the examination mentioned in paragraph 3 of subsection 27.1 (2); (c)  the issuance of a licence; (d)  the renewal of a licence; (e)  the replacement of a licence.  O. Reg. 214/11, s. 19.
Electronic filing
 30. If the Act or this Regulation requires or permits the submission to the Director or the giving to the Director of a summary, notice, record or report, the summary, notice, record or report must be in an electronic form provided by or approved by the Director. O. Reg. 295/18, s. 16.
Extensions of time
 30.1 (1) The due date in respect of a calendar year for submitting a record under clause 9 (2) (b), for submitting a record under subsection 11.2 (2) and for giving a report under clause 25 (1) (b) is extended for an owner and an operator who was granted an extension under subsection 46 (6) of the Canadian Environmental Protection Act, 1999 in respect of that calendar year to the date to which they were granted the extension if all of the following conditions are met: 1.  The owner or the operator of the facility emails the Director a copy of a document from the minister of the Crown in right of Canada who is responsible for subsection 46 (6) of the Canadian Environmental Protection Act, 1999. 2.  The document referred to in paragraph 1 shows that the extension was granted to the owner and the operator of the facility. 3.  The document referred to in paragraph 1 shows the date to which the extension was granted. 4.  The email is sent on or before the date on which the record or report would otherwise be due. O. Reg. 295/18, s. 16. (2) The Director may extend the due date under subsection 23 (2) for the owner and the operator of a facility to ensure that a summary is given to the Director, made available to the public on the Internet and given to a member of the public upon written request, if all of the following conditions are met: 1.  The provider of the electronic form referred to in section 30 is experiencing technical difficulties in providing the form. 2.  The technical difficulties prevent the owner and the operator from giving the summary to the Director on or before the due date. 3.  The owner or the operator requests the extension in writing on or before the due date. 4.  The request explains how the technical difficulties prevent the owner and the operator from giving the summary to the Director on or before the due date. 5.  The request includes whatever information is available from the provider of the form about when the technical difficulties will be resolved. O. Reg. 295/18, s. 16. (3) There is no limit on how many extensions may be received under this section. O. Reg. 295/18, s. 16.
Unit of measurement, information for public or Director
 31. If the owner or the operator of a facility is required by the Act or this Regulation to make any information related to a toxic substance available to the public or to give any information related to a toxic substance to the Director, the owner or the operator shall, in making the information available or giving the information, use, (a)  the unit of measurement required to be used when tracking or reporting on the toxic substance for the purposes of the NPRI Notice, if the substance is a NPRI substance; and (b)  tonnes, if the toxic substance is acetone.  O. Reg. 455/09, s. 31; O. Reg. 125/10, s. 14. 32. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 455/09, s. 32. TABLE A Revoked: O. Reg. 304/17, s. 2.