There are 4 steps to take to report under the Environmental Reporting and Disclosure Bylaw.
The Bylaw applies to certain facilities located in Toronto, which includes the former cities of Toronto, Etobicoke, East York, York, North York and Scarborough.
The Environmental Reporting and Disclosure Bylaw (PDF) applies to some types of facilities and sources of chemicals. Below you can find descriptions of the types of facilities and sources that are exempt from reporting. Facilities are described by their North American Industry Classification System (NAICS) codes.
The retail sector (NAICS code 44 and 45) is involved in selling merchandise only and doesn’t change or alter the merchandise. Retail sale is the final step in the distribution of merchandise, which means that retailers receive merchandise and sell it as it was received. Included in this category are retail bakeries primarily engaged in manufacturing bakery products for retail sale (NAICS code 311811) and facilities primarily engaged in retailing confectionery goods and nuts (NAICS code 3113) made on the premises that are sold to the general public on the same premise. Retail paint stores and hardware stores that sell paint (NAICS code 4441) are also exempt.
If you are a retailer and some of your customers are other businesses who buy products or obtain services from your facility, then your facility is considered a retail facility under the bylaw. However, if you are a wholesaler or a manufacturer who also sells some of your products directly to the consumer, you are not exempt.
This sector consists of facilities that provide out-patient health services. The offices of physicians (NAICS 6211), dentists (NAICS 6212), and other health care providers such as chiropractors, optometrists, mental health practitioners, occupational therapists (NAICS 6213), and out-patient care centers (NAICS 6214) do not have to report. Medical and diagnostic laboratories (NAICS 6215) and hospitals (NAICS 622) are not exempt.
Facilities involved solely in construction, building maintenance and renovation activities are exempt from the bylaw.
A hotel, bed and breakfast, home for the aged, catering business, restaurant, coffee shop, bar, mobile food vending, or traveller accommodation (NAICS code 7211, 7221, 7222, 7223, or 7224) is exempt from the bylaw. However, laundry and dry cleaning facilities located within any of these facilities are not exempt (NAICS code 8123). If your laundry or dry-cleaning service meets the criteria outlined in the proposed bylaw, you are required to report this activity.
Gasoline stations (NAICS code 4471) and other facilities that store and distribute fuels (for example, petroleum product distributors, NAICS code 412) are exempt from the bylaw.
Any facility that maintains and repairs vehicles such as cars, trucks, locomotives, ships or aircraft are exempt only if the facility does not paint or strip vehicles or their components, rebuild or remanufacture vehicle components.
This means that you are not required to report if your facility only does general mechanical and electrical repair and maintenance services for motor vehicles, such as engine repair and maintenance, exhaust system replacement, transmission repair and electrical system repair, oil change, lubrication, washing, or tire repair.
If your facility is an auto body shop or similar facility then you may need to report to ChemTRAC. Auto body shops include facilities that repair and paint vehicles after a collision. Facilities that strip vehicles, rebuild or remanufacture vehicle parts in your facility are also not exempt.
The priority substances (chemicals) listed in the Bylaw come from many different sources, and certain sources are exempt from reporting. This means, chemicals from these sources are not included in calculations.
(an item that already contained a toxic chemical before it entered your facility and that doesn’t release any of the chemical when it is used or processed)
|A tool or part of a machine|
|a structural component of a facility||A wall or floor|
|a product used for routine cleaning, facility and grounds upkeep||Washroom sanitizer|
|the personal items of the people in the facility||Hairspray|
|vehicle emissions||Dump truck emissions|
|intake water or air||Compressed air, cooling water|
|road dust||From the movement of vehicles|
|emissions from space heaters or hot water heaters that are not part of the process equipment||Emissions from a furnace to heat a building or water boiler for hot water used in washrooms.
Note: only exempt if not used in manufacturing process
|materials used for the purpose of maintaining motor vehicles operated by the facility|
If your facility is not exempt from the bylaw, you need to:
The bylaw requires you to report every year for both use and release amounts of all priority substances that meet or exceed the reporting threshold. The amounts or types of chemicals your facility uses or releases may change from year to year. Because of this, you should review your reporting requirements each year to determine whether or not you need to report.
We have many tools, tips and guides to help you prepare for reporting.
Below are some points to get you started.
Before you use the online reporting system, ensure that you have the following information ready:
If you are reporting data under the Bylaw, the ChemTRAC Online Reporting System allows you to:
If you do not report data under the Bylaw, you can use the system to:
Keep your records that describe how you estimated your priority substance amounts, whether or not you are required to report. The City may request this information for bylaw enforcement purposes.