Standby generators would no longer have to meet minimum performance criteria to qualify for an exemption from Ontario’s environmental review and registration processes if proposed regulatory amendments are adopted. More leniency could come with a package of new rules for activities that currently oblige accountable parties to obtain an environmental compliance approval (ECA) or register on the provincial environmental activity and sector registry (EASR).

Although the EASR is already the streamlined alternative to the lengthier and costlier ECA process, most proponents will still likely need to hire a consultant if they do not have in-house specialists to navigate the steps for obtaining permission. The Ontario government is now proposing exemptions to those requirements for a range of deemed low-risk activities that involve air and noise emissions, discharge to sewers, waste generation or uptake of water. An explanatory summary on the provincial regulatory registry maintains that environmental concerns are already addressed through standard practices and/or municipal oversight, making provincial permissions redundant and an inefficient expenditure of its staff time and expertise.

“The ministry’s review of these activities does not result in changes that have an impact on protecting human health and the environment. Exempting these activities would allow the ministry to focus its resources on more complex activities,” the summary states. “The proposed changes would reduce regulatory burden for proponents such as municipalities, businesses, developers, transit authorities and crown corporations, and would help speed up important projects such as housing and infrastructure.”

Some building/facilities managers and warehouse operators could be beneficiaries of two of the proposed measures. Along with more leniency for emergency generators, it’s also proposed that equipment used in goods warehousing and distribution be exempted from ECA or EASR requirements related to air and noise emissions.

Currently, standby generators used solely for emergency power must be capable of complying with a maximum threshold for nitrogen oxide (NOx) emissions to qualify for ECA or EASR exemptions. That’s set at 9.2 grams per kilowatt-hour (g/kW-h) for natural gas- and propane-powered generators, and at a roughly equivalent level for diesel- and biodiesel-powered generators based on widely accepted standards the United States Environmental Protection Agency (EPA) has established.

Backup generators must employ one of those four fuel types to qualify for an exemption. As well, the generator’s exhaust stacks must be vertically oriented so that discharge is emitted upward.

The proposed amendment would remove those criteria. Instead, owners/operators who have emergency generators in their buildings or facilities would simply have to adhere to rules set out in another Ontario regulation governing local air quality.

Those dictate that emergency generators must be tested and maintained in accordance with “any applicable manufacturer’s recommendations and generally accepted practices.” Discharges are allowable only during:

• testing and maintenance of the equipment for a maximum of 60 hours over a 12-month period; or
• a power failure or reduction when the generator fulfills its intended purpose.

“This proposed exemption would allow proponents to have a standby power system for emergency situations and testing without requiring an ECA or REA (renewable energy approval), registering on EASR or assessing air and noise emissions. Standby power systems used for non-emergency use would continue to require an ECA or REA or register on EASR,” the regulatory summary states.

General warehousing, refrigerated warehousing and storage facilities are likewise under consideration for exemptions from provincial review and registration for activities that cause air and noise emissions, provided they are located on a site that does not co-house manufacturing activities. Grocery distribution centres, merchandise warehousing and order fulfillment centres are cited as prominent examples of candidates for the exemptions since they handle, store and convey products that typically do not produce volatile emissions or fugitive dust.

“Activities with air and noise emissions at these facilities could include forklifts, battery chargers, truck traffic, equipment designed to keep goods frozen or refrigerated, maintenance welding and room ventilation,” the regulatory summary advises. “This proposed exemption does not exempt proponents operating facilities such as bulk receiving of grains, grain transfer and storage, oil and gasoline storage or natural gas storage.”

Two other proposed exemptions could also have implications for commercial and institutional buildings. It’s proposed that ECAs would no longer be required for temporary storm water diversion or holding on construction sites, such as runoff channels or sediment control basins, provided that erosion and sediment control measures are implemented and construction is not occurring at a mine, pit or quarry.

As well, it’s proposed that a current exemption for residential foundation drainage systems be extended to all building types. This would allow for up to 379,000 litres of water per day — storm water or groundwater — to be collected and removed via foundation drainage systems without need for a permit to take water (PTTW).

The public can submit comments on the proposed amendments until Feb. 3, 2026. “We are working to develop a regulatory impact assessment to determine potential costs or estimated savings related to this proposal and are asking for feedback from proponents related to cost impacts of this proposal,” the regulatory summary notes.