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LEHDER News

Ontario's First Cap and Trade Auction Scheduled for March 22, 2017

     Posted by LEHDER News on

Aird & Berlis article on Ontario Cap and Trade Auction, March 22, 2017On February 6, 2017, the Mondaq Business Briefing posted an article written by David Stevens, Partner with Aird & Berlis LLP, in regards to the forthcoming Ontario Cap and Trade Auction of GHG Allowances.  The full post can be viewed here; the article content is also provided for you below.

The Ontario Ministry of the Environment and Climate Change has released an Auction Notice for the Ontario Cap and Trade Program Auction of Greenhouse Gas Allowances to be held on March 22, 2017. This is the first public auction to be held. It follows a "practice auction" that was held earlier in January 2017 to help registered participants in the Cap and Trade program prepare for the official auctions.

As required by the Cap and Trade Program Regulation, the Auction Notice includes details about the upcoming auction, including:

  • Timing: The March 2017 Ontario Auction #1 is scheduled to take place on March 22, 2017 from 1:00 p.m. Eastern Time (ET) until 4:00 p.m. ET (the auction bidding window). Registered participants in the Cap and Trade program can access the online Auction Platform at that time.

  • Allowances Offered for Sale: Allowances offered during an auction are created under the Ontario Cap and Trade program. Allowances offered are for the current vintage budget year (2017) or future vintage budget year (2020), where 'vintage' refers to the year for which they are created. There will be approximately 25 million current vintage allowances offered (Current Auction), along with approximately 3 million 2020 vintage allowances (Advance Auction).

  • Auction Reserve Prices: The Auction Reserve Price is the minimum price at which allowances offered in the Current Auction and Advance Auction will be sold. Bids submitted with a bid price below the Auction Reserve Price will not be accepted. The Ontario Auction Reserve Price will be determined as the higher of the most-recently published California and Québec Annual Auction Reserve Price after applying the exchange rate established for the auction. Presently, the California Reserve Price is higher, at a value of US $13.57 (applicable to both Current and Advance Allowances). The actual Auction Reserve Prices that will apply will be displayed on the Auction Platform prior to the opening of the auction bidding window.

  • Auction Application Requirements and Instructions and Schedule: There are detailed requirements for parties to apply to participate in the auction process, and to establish the required accounts (see here). The deadline to apply to participate in the first auction is February 21, 2017.

  • Auction Procedures: Participants will be able to submit bids manually and upload bid schedules in a pre-defined Excel template in the Auction Platform during the scheduled 3-hour auction bidding window. Bidders submit bids in a single-round, sealed-bid auction format. Bid quantities can only be submitted in multiples of 1,000 allowances.

The Auction Summary Results Report will be released to the public on April 3, 2017. At the same time, the auction results will be available to qualified bidders. It will be interesting to compare the results in Ontario with the auction results seen for California and Quebec (discussed in earlier posts, here and here).

For more information in regards to Ontario's Cap and Trade Program, please contact Marnie Freer.

LEHDER to Host AWMA Environmental Activity and Sector Registry (EASR) Breakfast Series

     Posted by LEHDER News on

AWMA Ontario SectionLEHDER is pleased to be hosting the AWMA Breakfast Series teleconference sessions on Tuesday, February 21 and Thursday, March 2

The Sarnia Breakfast will teleconference into the sessions taking place in Toronto and Hamilton, respectively.  

The Updates on the MOECC's Modernization of Approvals Process - Environmental Activity Sector Registration (EASR) session on February 21 will be presented by Deborah Goseng, Senior Engineer with the Modernization of Approvals Branch of the MOECC.

On March 2, the How Will the New EASR impact Licensed Engineering Practitioners’ Liability? session will be presented by Joanna Vince and John Georgakopoulos of Willms & Shier Environmental Lawyers LLP.

TIMES:

Sign-In and Breakfast - 7:30 A.M. (Please email us with any food allergies or restrictions one week prior to your registered session).

Presentation - 8:00 A.M. until 9:00 A.M.

LOCATION:  SESSION COSTS: 
 
LEHDER Environmental Services Limited
Suite 210, 704 Mara Street
Point Edward, Ontario
N7V 1X4
Contact: Shawna Graham
Tel: 519-336-4101 ext 252
$30 AWMA Member
$40 Non-member
$10 AWMA Student Member
$15 Student Non-Member
$5 No prior notification surcharge

REGISTRATION & ADDITIONAL INFORMATION:

For additional information and to register for either session, please visit:

Updates on the MOECC's Modernization of Approvals Process - Environmental Activity Sector Registration (EASR)

http://awma.on.ca/breakfast-meetings/sarnia-breakfast-series


How will the new EASR impact Licensed Engineering Practitioners’ Liability?

http://awma.on.ca/breakfast-meetings/2017/2/2/sarnia-breakfast-series-via-teleconference-from-hamilton-session-march-2-2017


Online registration requires payment via PayPal.   You may also pay cash at the door; funds will be forwarded to AWMA and a receipt will be provided.  To prevent the "$5 no prior notification surcharge" please email us if you are attending so the necessary arrangements can be made.

 

LEHDER O. Reg. 347 Subject Waste Webinar Series

     Posted by LEHDER News on

LEHDER O. Reg. 347 Subject Waste Webinar SeriesLEHDER is hosting an interactive 5 part webinar series based upon subject wastes throughout the month of February.  The O. Reg. 347 Subject Waste Webinar Series will comprehensively cover subject wastes, including classification, their relation to dangerous goods, marking, labelling, completion of the required documentation and HWIN administration. 

The courses are offered in a lunch and learn format - seminars will be run between 12:00 and 12:45.   Each course will discuss a specific topic, provide practical examples and offer a short discussion period with Mark Roehler, LEHDER Principal, Certified Online Training Professional and presenter for this series.

The full O. Reg. 347 Subject Waste Webinar Series includes the following courses:

200-WB-01 HWIN Subject Waste Registration - Recording Available
200-WB-02 What is a Subject Waste? - Recording Available
200-WB-03 Is My Subject Waste a Dangerous Good? - Recording Available
200-WB-04 Marking and Labelling of Subject Wastes - Recording Available
200-WB-05 Movement Documents for Subject Waste Shipments - February 28, 2017

200-WB-06 Subject Waste Full Webinar Series

Online registration for the O. Reg. 347 Subject Waste Webinar Series is available by selecting the appropriate course above.  Cost for each series is $10.00.  To register for the full series at a discounted rate of $40, please click here.  Please note recordings of each webinar will be made available to participants - if you have missed any of the sessions and are interested in registering for the full series, recordings and resource materials for those that have been missed will be forwarded to you upon registration.

All current and forthcoming LEHDER webinars can be viewed on the Webinar page

For more information in regards to this webinar series or subject wastes, please contact Mark Roehler.

LEHDER 2017 Regulatory Reporting and Traning Calendars Available

     Posted by LEHDER News on

LEHDER 2016 CalendarsLEHDER is pleased to provide our clients with a Regulatory Reporting Calendar for important dates to remember for Ontario Reporting requirements.

Also available are LEHDER's 2017 in-class training calendars for both Alberta and Ontario. Additional information in regards to LEHDER's regulatory training capabilities are provided on the Regulatory Training page.

 Please feel free to download the documents from the links below.

LEHDER's regulatory training sessions occur in the spring and fall.  Additionally, LEHDER hosts webinars to provide updates to regulatory changes and updates.  To view the courses available in your region, please select the applicable category below.

For more information on LEHDER's regulatory training services, please contact Mark Roehler.

Recent EBR Postings - EASR & Cap and Trade Regulatory Decisions and the Air Contaminants Benchmarks (ACB) List

     Posted by LEHDER News on

Environmental RegistrySeveral important postings have been made to the Ontario Government's Environmental Registry (EBR) recently, including regulatory decisions on the Environmental Activity and Sector Registry (EASR) and Cap and Trade Program, in addition to the release of the Air Contaminants Benchmarks (ACB) List.

Environmental Activity and Sector Registry (EASR)

On September 26, 2016, the ministry posted a proposal for a regulation on the Environmental and Regulatory Registries that would require all but high risk and more complex activities with air and noise emissions to register in the Environmental Activity and Sector Registry (EASR).

On January 4, 2017, the regulatory decision was posted to the EBR (Registry # 012-8646) to prescribe the activities noted above for the purposes of subsection 20.21 (1) of the Environmental Protection Act (EPA). The new EASR regulation made under EPA is: O. Reg. 1/17: Registrations Under Part II.2 of the Act –Activities Requiring Assessment of Air Emissions.

It is anticipated that a French version of the regulation will be available to the public in 2017. In the interim for all inquiries in French please contact Doris Dumais at (416) 327-9466 or doris.dumais@ontario.ca.

Key elements of O. Reg. 1/17 include:

  • A list of sectors, defined by the North American Industry Classification System (NAICS) codes and activities that have been deemed higher-risk or more complex and therefore are not prescribed by this EASR regulation. These higher risk sectors and activities include, for example: chemical manufacturing, cement manufacturing, mining, land disposal of waste, processing of metals outdoors etc.The requirement that assessments of discharges of contaminants from a facility to air, including noise and odour emissions, be prepared prior to registration and prior to making any modifications to confirm compliance with environmental standards and regulation requirements. These reports must be signed and sealed by a licensed engineering practitioner.
  • Operation and maintenance procedures, complaints reporting/recording requirements and record-keeping requirements.
  • The requirement for prescribed activities currently operating under an Environmental Compliance Approval (ECA) to register under the Air Emissions EASR by January 31, 2027 or before making modifications to the facility or operation of the facility.The EASR publication incorporated by reference into the regulation that outlines limits and other mandatory requirements for facilities governed by the Air Emissions EASR regulation.

In general, the requirements set out in the Air Emissions EASR regulation are similar to the current environmental standards that have, to date, been implemented through the ECA process. The new EASR regulation will help provide more certainty for businesses and encourage growth, while protecting the environment and human health.

The ministry is also currently consulting on proposed amendments to O. Reg. 524/98 that would expand the current list of exemptions from section 9 of the EPA for low-risk activities/facilities (EBR # 012-8764). 

All supporting documents and additional information can be found on the EBR post for Registry #012-8646.

Cap and Trade Program

On December 28, 2016, the regulatory decision to proceed with amendments to the greenhouse gas cap and trade program was posted to the EBR (Registry # 012-8953).  The amendments include changes to the:

  • Cap and Trade Program Regulation (O. Reg. 144/16)
  • Methodology for Distribution of Ontario Emission Allowances Free of Charge
  • Quantification, Reporting and Verification of Greenhouse Gas Emissions Regulation (O. Reg. 143/16)
  • Guideline for Greenhouse Gas Emissions Reporting


To review the full list of amendments and associated documentation, please refer to the full EBR post for Registry #012-8953.

Air Contaminants Benchmarks (ACB) List 

On January 4, 2017, a notice  was posted (Registry #012-9165) that the Ministry of the Environment and Climate Change (MOECC) has prepared a document that compiles standards, guideline values and screening levels used to assess contaminants released to air. It serves as a single reference window and replaces the following documents:

  • Summary of Standards and Guidelines sorted by Chemical Abstracts Service (PIBS # 6569e01)
  • Summary of Standards and Guidelines sorted by Chemical Name (PIBS # 6569e01)
  • Jurisdictional Screening Level (JSL) List - A Screening Tool for Ontario Regulation 419 (PIBS #: 6547e)

The ACB List is intended for use primarily by an emitter who is required to prepare an Emission Summary and Dispersion Modelling (ESDM) report in accordance with Ontario’s Regulation 419/05 Air Pollution – Local Air Quality (“the Local Air Quality Regulation” or “the Regulation”) made under the Environmental Protection Act (EPA).

The ACB List includes the following benchmarks:

  • Benchmark 1 (B1) Values: Standards and guideline values
  • Benchmark 2 (B2) Values: Screening levels

Exceedence of a B1 value triggers specific actions under the Regulation. Exceedence of a B2 value triggers a toxicological assessment to determine the potential for an adverse effect.

The introduction of the ACB List is not a new policy
. The ACB List consolidates existing standards, guidelines and JSLs into one location.  Guidance on how to use the ACB List and the list itself are available through the ministry website at the link provided here
 

Alberta Air Monitoring Directive Website Update & Chapter 9 Draft Reporting Forms Posted For Review

     Posted by LEHDER News on

The following updates were made to the AMD website on December 16, 2016:

1.  Chapter 9 draft reporting forms have been posted for stakeholder review.  Please provide your feedback by March 3, 2017. The forms can be downloaded from the AMD Public Review webpage.

  • Please try out the forms, enter data, etc. Please inform the Air Monitoring Directive - Feedback department if you run into any problems or if any form fields are unclear.
  • The forms are all referenced in AMD Chapter 9 (clause references are provided on the top of each form).
  • Comments from previous reviews as well as feedback from the Reporting Forms Task Team have been incorporated.
  • Some forms have an example tab to provide additional details in regards to requirements.
  • The forms are laid out and formatted how the final versions will be. This will be the final review for the reporting forms.
  • You will notice that the Annual Emissions Inventory Report Form is not available. This form as well as the Annual Emissions Inventory Report Standard and Guidance Document are being drafted currently and will be posted for stakeholder review (planned for Spring-Summer 2017).

 
2.  All nine AMD Chapters have been re-released. For most chapters, the only change is to the title page. Chapter 1 has had more substantial changes to it. No new requirements have been added.

  • A reference to the 1989 AMD has been added to each chapter to make it clear that the 2016 version of the AMD is an amendment to the 1989 AMD. This mirrors the reference to the AMD in current industrial approvals. Approvals do not need to be amended at this time. Approval holders who are required to follow the AMD 1989, as amended, must now follow the 2016 AMD. Note that since Chapter 4 and Chapter 9 are not yet in effect, 1989 AMD and 2006 AMD requirements are still in effect in the interim.
  • Each chapter has a section titled “Amendments” which lists any changes made to the chapter since it was released. Chapters 1 and 7 had amendments beyond the title page.
  • The correlation table that was on the AMD website has now been moved within Chapter 1 as an appendix. This provides a reference between the 1989 AMD, 2006 amendment, and 2016 AMD to show the dates when new requirements take effect. It shows the progression of AMD amendments.
  • A brief guidance document has been added to the AMD Toolbox webpage (under the Calibration heading), providing an example procedure for measuring flow during monthly multi-point calibration of ambient analyzers. A reference to this document has been added to AMD Chapter 7.

 
3.  The AMD Feedback email address has changed. The new address is AMDFeedback@gov.ab.ca. Please use this new address to contact the department with questions and for submitting feedback and comments on the AMD. The AMD Chapters and website have been updated to reflect this change.

4.  The AMD FAQs webpage has been updated. This is a helpful resource if you have questions or if you’d like a broad overview of the AMD revision.

AEP continues to work on:

  • The Annual Emissions Inventory Report Form and the Annual Emissions Inventory Report Standard and Guidance Document. The email distribution list will be used to notify stakeholders when these are posted for review - you can be added to the distribution list here: http://aep.alberta.ca/air/legislation/air-monitoring-directive/air-monitoring-directive-mailing-list.aspx.
  • Ambient data submission guidance documents (for real-time ambient data submission and monthly submission to the Ambient Air Quality Data Warehouse). These will be posted for stakeholder review.
  • Sample monthly and annual reports to be used for reference. These will be posted to the AMD Toolbox website once complete.

For more information in regards to the Alberta Air Monitoring Directive, please contact Mike Denomme.

Workplace Hazardous Materials Bureau Releases Full Technical Guidance for WHMIS 2015 Supplier Requirements

     Posted by LEHDER News on

WHMIS 2015 Technical Guidance DocumentOn February 11, 2015, the Government of Canada published the Hazardous Products Regulations (HPR) in the Canada Gazette, Part II. These regulations, combined with amendments to the Hazardous Products Act (HPA), modified the Workplace Hazardous Materials Information System (WHMIS) 1988 to incorporate the Globally Harmonized System of Classification and Labelling for Chemicals (GHS) for workplace chemicals in Canada. This modified WHMIS is referred to as WHMIS 2015. With the incorporation of the GHS, the hazard classification and communication requirements of WHMIS are aligned with the workplace hazard classification and communication requirements of the United States (U.S.) and other Canadian trading partners.

To provide guidance to suppliers of hazardous products destined for Canadian workplaces and in support of the 2016-17 Regulatory Cooperation Council (RCC) Workplace Chemicals work plan, Health Canada committed to release Technical Guidance on the Requirements of the HPA and the HPR in two phases.  Phase 1 was released on June 29, 2016 and focused on classification principles, hazard communication and Confidential Business Information (CBI).  The Workplace Hazardous Materials Bureau has now released the full Technical Guidance on the Requirements of the HPA and the HPR – WHMIS 2015 Supplier Requirements as the second phase release. This release comprises Phase 1 content as well as Phase 2 content (focused on physical hazard and health hazard classification) in a consolidated Guidance document.

The development of the Technical Guidance has been informed by considering comments received from stakeholders as part of the publication of the proposed HPR in the Canada Gazette, Part I, comments received on guidance priorities, as well as inquiries received through the WHMIS email account.

Health Canada’s website at WHMIS.gc.ca has been updated to reflect the availability of the Technical Guidance. A PDF copy of the guidance can be requested via this link: http://www.hc-sc.gc.ca/ewh-semt/pubs/occup-travail/technical-guidance-whmis-2015-guide-technique-simdut/index-eng.php.  A copy is also provided below.

WHMIS 2015 Technical Guidance - Full Publication WHMIS 2015 Technical Guidance - Full Publication (2448 KB)

Specific questions or comments regarding this guidance can be directed to Health Canada at: WHMIS_SIMDUT@hc-sc.gc.ca.

For information on employer WHMIS requirements set out by federal, provincial and territorial (FPT) occupational health and safety agencies, contact the agency in your jurisdiction. Specific WHMIS requirements for any jurisdiction can also be found at WHMIS.org. This site is Canada’s portal to WHMIS information for all WHMIS stakeholders, including suppliers, employers, workers and trainers.

For more information in regards to WHMIS 2015, please contact Mark Roehler.


MSAPR Part 1 - FAQs and Presentation Available

     Posted by LEHDER News on

MSAPR Part 1 Presentation and FAQsSeveral webinars were held last week in regards to Part 1 of the Multi-Sector Air Pollutant Regulations (MSAPR).  A copy of the presentation is provided below, in addition to the updated FAQ document, which was amended to correct certain dates which did not match the regulatory text.  If you require any additional information in regards to the MSAPR, please contact Marnie Freer.

MSAPR Q&A Presentation (English) MSAPR Q&A Presentation (English) (467 KB)

MSAPR Q&A Presentation (French) MSAPR Q&A Presentation (French) (544 KB)

MSAPR Part 1 - FAQs (English) MSAPR Part 1 - FAQs (English) (809 KB)

MSAPR Part 1 - FAQs (French) MSAPR Part 1 - FAQs (French) (831 KB)


 

TDG Update - Reporting Form Available and Comment Period Open for Part 6 and International Harmonization Regulatory Proposals

     Posted by LEHDER News on

TDG Updates December 2016Transport Canada has released several recent updates including provision of the form required for the reporting of TDG 30 day follow-up report in addition to several regulatory proposals for public consultation.

TDG Reporting Requirements


The Regulations Amending the Transportation of Dangerous Goods Regulations (Reporting Requirements and International Restrictions on Lithium Batteries) was published in Part II of the Canada Gazette on June 1, 2016.  For additional information in regards to the amendments, please review LEHDER's blog post Transportation of Dangerous Goods Regulatory Amendments Adopted June 1, 2016. To help stakeholders comply with these new requirements, Transport Canada introduced a new voluntary reporting form template for the 30-day follow-up report. This form is now available on the Transport Canada forms database.  A copy is also provided below.

TDG 30-Day Follow-Up Report TDG 30-Day Follow-Up Report (1216 KB)

TDG Regulatory Proposals for Public Consultation

Transport Canada is soliciting feedback on Part 6 of the TDG as well as public consultation on the International Harmonization Update, 2016.

Training Requirements (Part 6) of the Transportation of Dangerous Goods Regulations

Transport Canada invites you to share your ideas on how improvements can be made to the safe transport of dangerous goods through better training.

From now until February 28, 2017, Transport Canada is seeking feedback on the training requirements of the Transportation of Dangerous Goods Regulations.  Join the conversation at Let's Talk Transportation of Dangerous Goods.

International Harmonization Update, 2016

An amendment entitled Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016) was published in Part I of the Canada Gazette on November 26, 2016, for a 60-day public comment period.

Comments should be sent in writing at the address below by January 25, 2017. The feedback received will be taken into consideration in the development of the final amendment to be published in the Canada Gazette, Part II.

Regulatory Affairs Branch
Transportation of Dangerous Goods
Transport Canada
Place de Ville, Tower C, 330 Sparks Street, 9th Floor
Ottawa, Ontario, Canada, K1A 0N5
E-mail:  TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

For more information in regards to the TDG, please contact Mark Roehler.

Gowlings WLG Article on Ontario Cap and Trade Program

     Posted by LEHDER News on

Gowlings WLG has posted a great article to provide some information in regards to Ontario's Cap and Trade Program, including training on the Cap and Trade Auction (webinars on December 6 and 8), and information regarding the regulatory amendments, carbon offsets and key dates for the Program.  The full article can be viewed by clicking on the link below.