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Ontario Proposes Amendments to the Emissions Performance Standards (EPS) Program for 2023-2030

Published on
August 29, 2022

On August 26th, Ontario’s Ministry of the Environment, Conservation and Parks (MECP) published on the Environmental Registry of Ontario (ERO) for public consultation proposed amendments to the Emissions Performance Standards (EPS) program regulations. The proposed changes are outlined within in a 28-page document – Proposed Regulatory Amendments for Emissions Performance Standards Program 2023-2030: Summer 2022.  

The proposed amendments will 1) provide guidance to industrial emitters for the period of 2023-2030, as the current regulations are only in effect until the end of 2022, and 2) align Ontario’s program with the updated federal benchmark for carbon pricing as reflected in the updated federal Output-Based Pricing System (OBPS) under the Greenhouse Gas Pollution Pricing Act (GGPPA). The federal government assesses provincial and territorial carbon pricing programs against this benchmark.

In the ERO posting, MECP notes that proceeds from the EPS program (by way of compliance payments) will be used to support greenhouse gas (GHG) emissions reductions and will need to adhere to the updated federal benchmark and spending provisions for the proceeds in the Environmental Protection Act; no further detail is given in the proposal document.

Feedback from stakeholders is due by October 10, 2022. Given the regulations must come into effect January 1, 2023, it is anticipated that the proposed changes will be finalized shortly after the submission deadline.

Read the full update.

Happy to Help

The proposed changes to the EPS program could have a substantial impact on how covered large industrial emitters are obligated under the program. It is important to understand how your organization will be affected by these proposed changes to ensure program compliance. It is anticipated that MECP will host an informational webinar before the October 10 feedback deadline.  

Please reach out to your Sussex advisor for assistance around this important topic.

Robyn Gray, Principal and Environment Practice Lead: rgray@sussex-strategy.com

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