This week, the Ontario government introduced Bill 167, the Toxics Reduction Act, 2009, which is intended to give Ontarians better disclosure about the use and release of toxic substances in their communities.

Bill 167 would expand on the federal National Pollutant Release Inventory (NPRI) to require a broad range of industrial facilities to track and quantify their use of 300 toxic substances, develop a plan to reduce such use and disclose a summary of the plan to the public. While the implementation of these plans would be voluntary, facilities would be required to report on their progress under these plans.

Bill 167 would also authorize the collection of information regarding an additional 19 'substances of concern' that are not currently tracked through NPRI. Prohibitions or notice obligations regarding the manufacture, sale or distribution of toxic substances could also be imposed under Bill 167.

Details regarding Bill 167, such as the list of prescribed toxic substances and substances of concern, categories of facilities to be covered and timelines for planning and reporting, will not be available until the draft regulations are released. However, it is anticipated that requirements would be phased in over several years. For example, manufacturing and mineral processing facilities would be required to (i) report on the use of 45 priority NPRI substances by June 1, 2011 and (ii) submit a summary of the toxics reduction plan for such substances by December 31, 2011. Requirements for the remaining 255 NPRI substances would likely start in 2013 and may affect a wider range of facilities. It is also anticipated that the draft regulations would align provincial reporting thresholds and timelines with NPRI requirements.

With the expanded scope of disclosure proposed by Bill 167, Ontario businesses may find themselves subject to increased public scrutiny in the area of toxics reduction.

The Ministry of Environment's comment period for Bill 167 ends on May 7, 2009. Further information regarding Bill 167 may be found at: www.ebr.gov.on.ca.

If you would like additional information about Bill 167, please contact Alexandria Pike (416.367.6989) or Sarah Powell (416.367.6931) in our Toronto office or Michel Pelletier (514.841.6455) or Marc-André Boutin (514.841.6527) in our Montréal office.

Davies Ward Phillips & Vineberg LLP, with over 250 lawyers, practises nationally and internationally from offices in Toronto, Montréal, New York and an affiliate in Paris and is consistently at the heart of the largest and most complex commercial and financial matters on behalf of its North American and overseas clients.

The information and comments herein are for the general information of the reader and are not intended as advice or opinions to be relied upon in relation to any particular circumstance.  For particular applications of the law to specific situations, the reader should seek professional advice.