Do I Need to Submit a ChemTRAC Report?
There are 4 steps to take to report under the Environmental Reporting and Disclosure Bylaw.
Step 1: Determine if the Bylaw applies to your facility.
The Bylaw applies to certain facilities located in Toronto, which includes the former cities of Toronto, Etobicoke, East York, York, North York and Scarborough.
- Consult our Guide to Reporting (PDF) for additional descriptions of the bylaw and information on estimating chemical usage and release.
- If you own or operate more than one facility in the City of Toronto, you must review each facility and report separately for each facility as required.
- Certain types of facilities and sources within a facility are exempt from reporting (see below).
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.
Facilities engaged solely in retail sales
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.
Medical or dental offices
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.
Construction and building maintenance sites
Facilities involved solely in construction, building maintenance and renovation activities are exempt from the bylaw.
Food and accommodation services
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.
Facilities that distribute, store or sale fuels
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.
Facilities that maintain and repair vehicles
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.
Sources of chemicals exempt from the Bylaw
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.
List of chemical sources exempt from the bylaw
(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|
Step 2: Determine if you need to report in a given year.
If your facility is not exempt from the bylaw, you need to:
- Identify if you use, manufacture, process or release any of the priority substances listed in the bylaw. There are many sources of information that can help you identify the priority substances in your facility. Be sure to check all of them, including:
- Purchase records
- Material Safety Data Sheets
- Raw materials
- Year-end inventory
- Certificate of Approval or Environmental Compliance Approval
- Correspondence with supplier
- Purchase records
- Track the chemicals in your facility every year (January 1st to December 31st).
- Determine which (if any) priority substances meet or exceed the reporting thresholds. The priority substances are divided into three groups, A, B and C. The reporting thresholds for each of these groups are different. The information on pollutants that require reporting are listed on this page.
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.
Step 3: Prepare your data for reporting
We have many tools, tips and guides to help you prepare for reporting.
Below are some points to get you started.
- Submit a separate report for each facility in Toronto.
- Report both use and release amounts of all priority substances that meet or exceed the reporting thresholds.
- Estimate use and release for all sources and processes in your facility.
- This includes process such as heating by natural gas combustion, welding, equipment cleaning, drilling, grinding, crushing, sanding, and blending.
- Review the exemptions in the bylaw, such as building heating, and do not include amounts related to these sources in your calculations.
- The following priority substances are VOCs. Be sure to report them separately and also include them in your VOC estimation:
- Carbon Tetrachloride
- Vinyl chloride
- Polycyclic Aromatic Hydrocarbons (PAHs) (Group B)
- Make sure you have considered all activities and sources within your facility that may be using or releasing the priority substances.
- When reporting your use data, review the definitions of “Manufacture”, “Process” and “Other use” in the Bylaw to enter the use amount of a substance in the correct column (category).
- When reporting metals, you are required to report metals and their compounds. When determining whether or not you use a metal, do not simply search for the associated CAS numbers listed in Schedule A of the bylaw because individual metal compounds also have their specific CAS numbers.
- When reporting Group C substances (NOx, PM2.5, VOCs) as a result of natural gas combustion, you are required to report them as manufactured and released.
Step 4: Submit your data online by June 30th each year
Before you use the online reporting system, ensure that you have the following information ready:
- quantities of priority substances that were used and released for the reporting year, in kilograms, and the method you used to estimate or measure these quantities;
- up-to-date information on your facility name, address, number of employees and contact person,
- your North American Industry Classification System (NAICS) code that best describes the type of facility for which you are reporting. Check your NAICS code.
- information on your facility’s environmental goals, programs or achievements, should you choose to submit that data to the City; and
- Your First Time Access Code for new users or Registration ID for facilities already in the system. Call 311 if you did not receive a First Time Access Code from the City by mail.
If you are reporting data under the Bylaw, the ChemTRAC Online Reporting System allows you to:
- submit required data on priority substances; and
- provide voluntary information on your facility’s environmental activities.
If you do not report data under the Bylaw, you can use the system to:
- identify yourself as a non-reporter; and/or
- provide voluntary information on your facility’s environmental activities.
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.