Manufacturer's should be aware of impending changes to the regulation of toxic substances in Ontario. In June of 2009, the Ontario government passed Bill 167, the Toxics Reduction Act, 2009. Through enhanced public disclosure requirements, the Act aims to reduce the amount of toxic substances used in manufacturing processes in Ontario. 

While the federal National Pollutant Release Inventory (NPRI) already requires broad disclosure, Ontario's Toxics Reduction Act, 2009 will place even greater burdens on many manufacturers. The new requirements are essentially three-fold: firstly, manufacturers subject to the Act will have to track and quantify their use of 300 listed toxic substances; secondly, they will have to develop a plan to reduce their use of these substances (by way of a Toxic Substances Reduction Plan); and thirdly, they will have to disclose their use of toxic substances and the implementation of their Toxic Substances Reduction Plan to the Ministry of the Environment. 

It appears that many of the details of the Ontario government's toxic reduction strategy will be articulated through regulations pursuant to the Toxics Reduction Act, 2009. To date, the draft regulations indicate that the actual implementation of a Toxic Substances Reduction Plan will be voluntary, although manufacturers will be required to draw up a Plan and to report on any progress (or lack thereof) achieved under it. The government has also used the draft regulations to respond to various concerns raised by manufacturers and the Environmental section of the Ontario Bar Association. For instance, it is now clear that the regulations will likely incorporate the same list of prescribed substances as the federal NPRI, allaying concerns about having to deal with multiple, overlapping lists. Concerns about compromises to business confidentiality through public reporting have also been addressed.

The draft regulations point to the manufacturing and mineral processing industries as the first sectors to be affected by the Act. Members of these industry sectors that use substances listed in schedule A of the regulations will have to begin tracking and quantifying their use of these substances as of January 1, 2010. They will have to provide their first report to the Ministry, for the previous calendar year, by June 1, 2011. They will also have to submit an initial plan and summary of a Toxic Substances Reduction Plan to the public and to the Ministry by December 31, 2011.

All in all, manufacturers in Ontario should expect to be under increased public scrutiny regarding any use of toxic substances, as the Act and its regulations come into effect over the next couple of years.