ERO number
019-4062
Notice type
Regulation
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Proposal
Proposal posted
Comment period
December 15, 2021 - January 29, 2022 (45 days) Open
Last updated

This consultation closes at 11:59 p.m. on:
January 29, 2022

Proposal summary

This proposal is to streamline environmental permissions for microbreweries and nanobreweries where environmental risks are low. This aligns with ministry oversight that is proportional with potential risks to the environment and human health and reduces burden and cost for these small-scale breweries.

Proposal details

Overview

The ministry is proposing to help remove unnecessary technical reporting requirements by implementing an Environmental Activities and Sector Registry (EASR) regulation specific to microbreweries. Microbreweries will continue to be required to follow standard operational requirements that help prevent potential impacts of air emissions, odour, noise and dust on the surrounding community.

The ministry is also proposing to exempt nanobreweries from self-registration requirements as the level of beer production is low and expected to comply with ministry emission limits. A Best Management Practices (BMP) document would support nanobreweries in making decisions on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts on the surrounding community.

This proposed approach:

  • reduces burden and cost on microbreweries and nanobreweries
  • aligns with ministry oversight that is proportional with potential risks to the environment and human health

Current environmental permissions framework for microbreweries and nanobreweries

Breweries currently require an environmental permission through self-registration on the Air Emissions - Environmental Activities and Sector Registry (A/E EASR). Self-registration under the A/E EASR requires a licensed engineering practitioner to sign and seal an Emission Summary and Dispersion Modelling report (i.e. an air emissions report), and complete noise, odour, and fugitive dust reports before registering.

The proposed framework for microbreweries and nanobreweries

The Ontario government is focused on supporting the growth of new and existing small businesses. Microbreweries and nanobreweries are small businesses that provide economic opportunities for:

  • entrepreneurs
  • local employment
  • the tourism and hospitality industry

The ministry completed a technical assessment of the daily and annual beer production from small-scale breweries. The ministry found that microbreweries and nanobreweries, using standard processes and operating within daily and annual production limits, are expected to comply with ministry air emission limits.

The technical assessment also found that potential nuisance odour and noise from these facilities can be mitigated by common operational practices and equipment. Therefore, the ministry is proposing to remove the regulatory requirement for microbreweries and nanobreweries to complete unnecessary facility specific air emissions, odour, noise and dust reports.

The ministry is proposing to help remove unnecessary technical reporting requirements for microbreweries by implementing an Environmental Activities and Sector Registry (EASR) regulation specific to microbreweries. The EASR would require microbreweries to:

  • self-register
  • follow standard operational requirements that will mitigate potential impacts on the surrounding community from air emissions and nuisance odour, noise and dust

The ministry is also proposing to exempt nanobreweries from self-registration requirements as their low level of beer production is expected to comply with ministry emission limits. A Best Management Practices (BMP) document would inform nanobreweries on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts on the surrounding community.

This proposed approach:

  • reduces burden and cost on microbreweries and nanobreweries
  • aligns with ministry oversight that is proportional with potential risks to the environment and human health

Additionally, the ministry is proposing to clarify that the current exemption to commercially produce beer without requiring an environmental permission or self-register exclusively applies to brew pubs.

Discussion paper and best management practices document

The ministry has included a discussion paper as part of this ERO proposal posting to support the proposal to streamline environmental permissions for microbreweries and nanobreweries through self-registration and exemptions. This discussion paper includes the full list of proposed eligibility and operational requirements for an EASR specific to microbreweries and conditions related to the proposed exemption for nanobreweries.

Also included in this proposal is a best management practices (BMP) document to support nanobreweries in making decisions on operational practices and equipment that will reduce or prevent potential nuisance odour and noise impacts from the facility on the surrounding community. The BMP document will also inform on practices that can be followed should a complaint related to nuisance odour, noise and/or dust occur.

Feedback received on the discussion paper and the BMP will be used to develop and finalize:

  • an EASR regulation specific to microbreweries
  • any regulatory amendments necessary to create the exemption for nanobreweries
  • any regulatory amendments necessary to clarify that the current O. Reg. 524/98 exemption to commercially produce beer without requiring an environmental permission or self-registration exclusively applies to brew pubs