This consultation was open from:
July 11, 2025
to August 25, 2025
Decision summary
Ontario is changing requirements for certain stormwater management and spill control works servicing electricity generation, transmission, distribution and battery energy storage stations to allow proponents to self-register these works online and get projects underway faster, while maintaining environmental protections.
Decision details
Ontario has made regulatory changes to require proponents to self-register certain stormwater management and spill control works servicing electricity generation, transmission, distribution and battery energy storage stations online instead of obtaining a ministry-reviewed permission so that these projects can get underway faster, while maintaining environmental protections.
Amendment to Ontario Regulation 137/25 under the Environmental Protection Act
We are amending Ontario Regulation 137/25 under the Environmental Protection Act (EPA) to require proponents to self-register certain stormwater management and spill control works servicing electricity and battery energy storage stations online on the Environmental Activity and Sector Registry (EASR) instead of applying for an environmental compliance approval (ECA). Construction of these works can begin immediately after registration instead of waiting up to a year for ministry approval.
Proponents of these works are required to comply with new regulatory requirements to maintain environmental protection. Among other things, the regulation requires:
- a licensed engineering practitioner (LEP) to prepare a stormwater management works report that must be filed online at the time of registration
- that the stormwater management works report prepared by the LEP include information and requirements for the design of the works, operation and maintenance of the works, monitoring requirements for spill containment works, and erosion and sediment control measures
- proponents implement requirements set out in the stormwater management works report and the regulation, including a spill contingency plan and erosion and sediment control measures.
To maintain environmental protections, proponents will need to meet environmentally protective regulatory requirements.
The regulatory amendments will come into effect on September 1, 2026.
We have also made a consequential amendment to Ontario Regulation 287/07 under the Clean Water Act.
Analysis of regulatory impact
The regulatory changes will accelerate permissions and support the province’s Housing Supply Action Plan and Powering Ontario’s Growth initiative as accelerated development of electricity infrastructure would help power housing in Ontario as well as industrial sectors such as electrical vehicle battery manufacturing.
The changes are expected to result in estimated total cost savings of approximately $3.6 million for proponents and savings of over 9,100 hours of regulatory compliance hours over the next 10 years.
Effects of consultation
The ministry received 11 submissions directly through the ERO and 2 submissions through email, for a total of 13 submissions.
Support for accelerating environmental permissions
Comments from industrial stakeholders and a consumer group were largely supportive of the proposal, indicating that the changes would speed up the approvals process for electricity infrastructure, resulting in reduced costs and timelines for projects. Certain stakeholders also provided suggestions for additional activities to be considered for a registration-first approach.
To provide additional flexibility to proponents and to align with current ministry ECA requirements, we made certain changes to the original proposal including:
- clarifying monitoring requirements in the event of a loss of oil or other pollutant from equipment such as a transformer
- providing flexibility in the requirements of the stormwater management works report if the registered works only include spill containment works or underdrain systems
We did not change the original proposal to expand the types of activities that proponents can register on the EASR based on feedback received but will consider these suggestions in future proposals to accelerate permissions while maintaining environmental protection.
Concerns related to potential for reduced ministry oversight, consultation opportunities for both the public and Indigenous communities, and impacts on the environment and drinking water sources
We heard concerns that the changes would potentially reduce ministry oversight, consultation opportunities for both the public and Indigenous communities, and protection of the environment and drinking water sources.
Proponents that register works servicing electricity and battery storage sites online are required to comply with regulatory requirements that are protective of human health and the environment such as:
- retaining an LEP to complete a site-specific technical assessment and prepare a stormwater management works report
- implementing the stormwater management works report, which would include design details, operation and maintenance requirements, monitoring provisions and erosion and sediment control measures
- implementing spill prevention and response procedures and keeping records related to the operation of the stormwater management works
These regulatory requirements are consistent with current requirements under the existing ECA process and align with current industry best management practices.
Although public consultation would not be required prior to individual registrations, consultation with the public may still be required as a part of other processes (such as municipal planning approvals and environmental assessments) for the overall electricity project associated with the stormwater and spill containment works.
Compliance and enforcement
We heard concerns about how the ministry would enforce compliance with regulatory requirements.
With a focus on the registration-first approach, the ministry is strengthening its compliance framework and undertaking audits of registrations. The ministry will be looking to see that the information supporting a proponent’s registration is accurate and in compliance with our rules. Compliance or enforcement tools would be utilized based on any impacts to the environment and human health. These tools range from education and outreach or notices of violations, to mandatory measures such as ministry orders that legally require actions to be taken or investigations that could result in a prosecution.
Next steps
We are updating the stormwater management EASR user guide to support the regulatory amendments coming into effect on September 1, 2026.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Avenue West
11th Floor
Toronto,
ON
M4V 1M2
Canada
Connect with us
Contact
Permissions Modernization Team
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
Original proposal
Proposal details
Ontario is proposing to streamline permissions for certain electricity system projects to help get these important infrastructure projects underway faster, while maintaining environmental protections.
Streamlining environmental permissions for the electricity sector
Ontario is proposing to move certain stormwater management and spill control works located at electricity generation, transmission, distribution and battery energy storage system stations to a registration-first approach. This requires proponents such as local distribution or utility companies to self-register their works online on the Environmental Activity and Sector Registry instead of applying for an Environmental Compliance Approval. These changes would reduce burden for the electricity sector and help accelerate the development of electricity infrastructure.
Environmental protections will be maintained through design, operation and maintenance requirements in the regulation such as minimum design requirements and spill response provisions. Registered works would be subject to a site-specific technical assessment performed by a licensed engineering practitioner. The technical assessment must include the preparation of a design report that meets ministry requirements, including an assessment of whether the activity is a significant drinking water threat in the local source protection plan and measures to manage any potential risks to drinking water. Proponents would not be allowed to register stormwater management works in areas where the activity is considered a significant drinking water threat and the local source protection plan prohibits the establishment of new stormwater management works.
Once proponents have registered eligible activities on the Environmental Activity and Sector Registry, registrants can construct and operate the works immediately.
Requiring proponents of certain stormwater management and spill control works located at electricity facilities to self-register instead of requiring a ministry-reviewed permission would support accelerated development of electricity infrastructure, supporting the Powering Ontario’s Growth initiative. Accelerated development of this infrastructure would also help power housing in Ontario as well as industrial sectors such as EV battery manufacturing.
Regulatory changes made under the Environmental Protection Act
This proposal would streamline approvals and require proponents to self-register certain stormwater management and spill control works at electricity generation, transmission, distribution and battery energy storage system stations online.
Proponents that register activities online would follow rules in the proposed regulation and would not require an Environmental Compliance Approval. This means that proponents would be able to proceed with the activity immediately after self-registration.
Protecting the environment
To maintain environmental protection, proponents of registered works would be required to meet regulatory requirements such as minimum design criteria. The design and assessment of the works would be based on a site-specific technical assessment completed by a licensed engineering practitioner. Registrants would also need to meet ongoing requirements such as operation and maintenance requirements and spill response procedures.
Licensed engineering practitioners would be required to design stormwater management and spill control works and prepare a stormwater management report with the following information:
- design details (for both stormwater management and spill control)
- operations and maintenance manual
- spill contingency plan
- erosion and sediment control plan (as applicable)
The proponents would be required to comply with requirements set out in this report and the registered works would have to be constructed in accordance with the design requirements.
If this regulatory proposal is implemented, the ministry would continue to inspect the registered works as needed to enforce compliance with these regulatory rules.
See our discussion paper attached to the Supporting Materials section of this notice for further details.
Background
The use, operation, establishment, alteration, extension, or replacement of new or existing stormwater management works servicing electricity system projects, including spill control systems, in Ontario currently requires an Environmental Compliance Approval (ECA) under Part II.1 of the Environmental Protection Act. These works, when established and operated in compliance with their respective ECAs, provide containment and management of stormwater and spills from equipment at electrical stations (e.g., transformers) to protect the environment.
Ontario’s registration-first approach requires proponents to self-register prescribed activities online on the Environmental Activity and Sector Registry and allows them to start construction and operation immediately instead of applying for environmental permissions. To maintain environmental protection, proponents of registered activities must follow rules prescribed in sector-specific regulations (e.g., design requirements, environmental outcomes, operation and maintenance, spills response etc.) and may be required to have technical assessments be performed by a qualified person. Ontario recently finalized a regulation that prescribes certain storm water management works activities for registration on the Registry (O. Reg. 137/25). The ministry has a mandate to conduct compliance assessments, including registered activities, to protect the environment and human health.
Public consultation opportunities
This proposal has been posted for a 45-day public review and comment period. We encourage interested parties to make comments on this proposal. Comments made on this proposal and discussion paper will be considered before making a decision on the proposal.
Regulatory impact assessment
This proposal is expected to reduce burden on the regulated community and for the electricity industry and allow electrification projects to receive environmental permissions faster.
The regulatory changes would remove the requirement to obtain an Environmental Compliance Approval for certain stormwater management and spill control works. This would reduce time, cost and resources that proponents spend on seeking environmental permissions from the ministry.
The proposal would allow electricity infrastructure projects to start faster which:
- supports efforts to power the housing in Ontario as well as industrial sectors such as EV battery manufacturing
- supports the launch of Ontario’s competitive energy procurement plan
- boosts the province’s economy
- supports job creation
We are working to develop a Regulatory Impact Assessment to determine potential costs or estimated savings related to this proposal. Please see the discussion paper attached in the supporting materials section of this notice for specific questions about cost considerations.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Avenue West
11th Floor
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from July 11, 2025
to August 25, 2025
Connect with us
Contact
Permissions Modernization Team
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
Comments received
Through the registry
11By email
2By mail
0