Earlier today, Ontario’s Ministry of the Environment, Conservation and Parks (MECP) posted two decisions to the Environmental Registry of Ontario pertaining to regulatory amendments that support the implementation of Ontario’s Emissions Performance Standards (EPS) program. The EPS program will regulate GHG emissions from large industrial facilities by setting the standards for lowering GHG emissions (emissions limits) that facilities are required to meet.
Currently, industrial emissions in Ontario are regulated by the federal government’s Output-Based Pricing System (OBPS). In September 2020, the federal government announced it had accepted Ontario’s EPS program as an alternative to the federal OBPS. Furthermore, on March 29, 2021 Canada informed Ontario of its intent to facilitate the transition from the federal OBPS to Ontario’s EPS on January 1, 2022.
As such, Ontario proposed a series of regulatory amendments to help facilitate this transition. Amendments were made to the following regulations and incorporated documents:
Collectively, these changes will:
To learn more about the regulatory amendments, the outcome of public consultation, and the decision detail, please visit the ERO postings:
In early 2022, the Government of Ontario intends to consult on a future proposal for the 2023-2030 period of the EPS program that aligns with the updated federal benchmark for provincial and territorial programs.
The Sussex Environment Practice Group will be reviewing the amendments in greater detail and the implications for affected businesses. We’d be please to discuss this in greater detail upon request.
Robyn Gray, Principal and Environment Practice Group Lead
Christina Marciano, Senior Associate, Environment Practice Group
Devin McCarthy, Senior Vice President and Federal Practice Lead