Rescinding the Mandatory Transition Date for ECAs in Ontario – What Does This Mean for Subject Facilities?
Presently, subject1 industrial facilities holding valid ECAs (Air/Noise) would see these permits expire on January 31, 2027, creating a non-compliance condition with O. Reg. 1/17 (Activities Subject to the Environmental Activity and Sector Registry, or EASR). On August 6, 2026, the Ministry of the Environment, Conservation and Parks (MECP) posted ERO 026-0775, which proposes removing the January 31, 2027 transition date in O. Reg. 1/17. Under the proposal, a subject facility operating under an ECA for a prescribed air activity would not have to register in the Air Emissions EASR until it makes a modification that would otherwise require an amendment.
The comment period closed September 20, 2026. No amending regulation has been filed, so section 4 of O. reg. 1/17 still sets January 31, 2027 as the date those ECAs stop applying.
Regardless of the final decision on the proposed regulatory amendment, there are several practical considerations that all subject facilities should consider:
Subject facilities impacted by the transitional requirement have not made any “changes” to their operations within the past ten years. MECP has a very broad view of what “changes” may entail, including:
production rates or equipment;
discharge points (i.e. new exhaust fans, new control equipment), or
materials used within the process, including updated Material Safety Data Sheets (SDS).
In addition to assessing whether any changes have occurred at the facility, other regulatory transitional items are now in effect including:
Demonstrating compliance with current air quality criteria, using approved regulatory air dispersion models: For subject facilities the assessment of air emissions released from the facility was most likely completed using air dispersion models and air quality standards which became obsolete in 2020. Under O. Reg. 419/05, facilities are required to demonstrate compliance with the current air quality standards, using an approved dispersion model.
Based on our experience, these issues are often identified by MECP through facility inspections, triggered either in response to complaints or through MECP’s regular surveillance activities. If the MECP inspector determines one of the above conditions apply then the inspector can require updated reports, an ECA amendment or EASR registration, and a review of the rest of the facility for other changes that were never reported.
Before relying on an existing ECA:
Compare current processes, equipment and materials against the ECA and its supporting Emission Summary and Dispersion Modelling (ESDM) report.
Review SDS and purchasing records for changes that could affect emissions.
If you find modifications, plan the ESDM update and registration now rather than waiting for an inspection to force it.
[CTA: Alliance Technical Group North provides source testing in Ontario to support ESDM reports and Ministry requests.]
*subject Facilities are those facilities which are not specifically excluded under O. Reg. 1/17 (i.e. you are in unless there is a provision which excludes you) and are not currently registered under the EASR regulation
