Frequently Asked Questions About
Ontario’s Environmental Leaders Program
General
Agreements
Incentives
Entry Requirements
General
What is the Ontario’s Environmental Leaders (OEL) Program?
The OEL Program is a beyond compliance program aimed at encouraging Ontario’s environmental leaders in industry to commit to reductions of priority substances and significant environmental aspects above and beyond what is required by law. In return, members of the Program are eligible to benefit from a suite of incentives offered by the Ministry.
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What are the benefits of the OEL Program?
Members will enjoy significant benefits. The Ministry has developed a comprehensive suite of incentives to provide members with greater operational efficiency, public recognition, and the opportunity to forge a specialized relationship with the Ministry.
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What is the duration of membership in the OEL program?
Facilities accepted as Leaders have a five-year term within which they are expected to deliver on their commitments. Facilities are free to reapply to the Program by setting new commitments to improve their environmental performance even further.
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What is the role of industry/sector associations in this initiative?
A sector or industry can also become a member of the Environmental Leaders Program, represented by an industry association that promotes the Program to its member companies. Industry associations can negotiate sector specific reduction targets with the Ministry and can also assist members applying to the program. Facilities belonging to an industry association with membership in the OEL Program are encouraged to apply to the Program, providing they meet all applicable entry requirements. Facilities accepted to the program then implement their reduction commitments, and receive incentives.
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Who was involved in developing the OEL Program?
The Framework for Ontario’s Environmental Leaders Program was developed with participation from a multi-stakeholder group including representatives from environmental non-governmental organizations, academia, and industry.
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How is the OEL Program different from Memoranda of Understanding (MOUs)?
The OEL Program is the Ministry’s primary vehicle for encouraging Facilities with a demonstrated record of environmental compliance to improve their environmental performance further. This next generation non-regulatory Program builds on the requirements of MOUs signed in the past. The main difference is that the OEL Program requires that Facilities specify the substances and environmental aspects targeted for reduction, commit to achieving tangible results, agree to third-party verification, and receive incentives, while MOUs require general commitments to substance reductions, and are usually not verified.
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Why is MOE undertaking this program?
The OEL Program and other innovative approaches are being developed to supplement traditional models of environmental protection. Through expanding the Ministry’s toolkit to include innovative approaches such as the OEL Program, the Ministry aims to develop a comprehensive, flexible, and integrated range of tools to apply to today’s environmental challenges.
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Agreements
Why is the OEL Program using Letters of Acceptance instead of agreements for new members?
The OEL Program was formerly know as Cooperative Agreements. Facility and Ministry commitments were described in a lengthy contract-like agreement. To date, the Ministry has signed three agreements, with the Automotive Parts Manufacturing Association, the Canadian Chemical Producers Association and Steelcase Canada. As part of the continuous improvement of the OEL Program, the Ministry has developed a new format for agreements under the Program. The new Letter of Acceptance (LOA) will facilitate a more efficient entry process while still maintaining the rigour and transparency of the Program. Facility commitments are clearly stated and, together with the Facility’s PPRP summary, are posted on the OEL website. The new letter-style format includes:
- Welcome and acceptance into the Program
- Summary of the Facility’s Provincial Priority Reduction Plan (PPRP)
- Targets and timelines
- Term of the membership
- Any other item relating specifically to the Facility’s commitments.
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Incentives
What is an enhanced comprehensive Certificate of Approval (CofA)?
An Enhanced Comprehensive CofA provides facilities with increased operational flexibility and combines some or all of a company’s existing CofA requirements into one approval. It offers all the elements of a Basic Comprehensive CofA, with four features added:
- Additional operational flexibility to make process changes and production increases without the need to obtain an amendment;
- Addresses air, water and waste;
- Tailored administrative provisions on a case-by-case basis; and
- Site-specific pollution limits.
Enhanced Comprehensive CofAs are exclusively available to members of the Environmental Leaders Program.
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How is an enhanced comprehensive Certificate of Approval different from other Certificates of Approval?
Certificates of approval (CofA) are required by law for Facilities that release emissions to the atmosphere, discharge contaminants to ground and surface water, or provide potable water supplies; and are also required for the transport and disposal of waste. The enhanced comprehensive CofA provides features above and beyond what a regular CofA or a basic comprehensive CofA provides. For a comparison of the features of the enhanced comprehensive and basic comprehensive Cs of A, see the table below.
| Enhanced Comprehensive CofA |
Basic Comprehensive CofA (Air) |
[An incentive available exclusively to OEL Program members |
[ Available to those meeting the requirements for a Basic Comprehensive CofA |
[ Applies to air, water and waste |
[ Applies to air only |
[ Incorporates tailored administrative provisions on a case-by-case basis |
[ Not applicable |
[Operational flexibility limited only to the restriction of applicable regulations and the general operations of the Facility. This CofA permits process changes, production increases, including expansions, without the need for an amendment, subject to the applicable limits. |
[ Operational flexibility limited to approved production rate specified in CofA. This CofA permits modifications such as product reformulation and de-bottlenecking of production. |
[ Written summary report to MOE every other year |
[ Written summary report to MOE every year |
[ No expiry date on conditions providing operational flexibility as long as the Facility remains in the OEL Program |
[ 5 year renewal date on condition providing limited operational flexibility |
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What does the technical assistance incentive provide?
The Ministry will provide up to three days of technical assistance from expert senior staff, on subjects related to the OEL Program and the Facility’s targets. Technical assistance could be provided, for example, to promote pollution prevention and continuous improvement, or other initiatives that are related to the Facility’s specific commitments.
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What does the greater regulatory certainty incentive provide?
The intention of this incentive is to provide Facilities with greater certainty during their membership in the Program. In the event that new regulations are considered, the Ministry will consult on their development with Program members, and provide as much advance notice of changes as possible, with a view to integrating new regulatory requirements with Program membership requirements.
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How will my Facility be recognized by the Ministry?
Members of the Program are Environmental Leaders, and will be recognized as such. As part of the public acknowledgement incentive, members will be recognized in various Ministry communications, such as speeches by senior Ministry officials, welcome ads and news releases. The internet recognition incentive will provide members with a profile on the MOE web site.
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How does single window access work?
A Ministry Client Service Representative will be assigned to each member Facility, acting as a single window of contact to the Ministry. The representative will be responsible for ensuring good customer service for all the Facility’s interactions with the Ministry, including tracking applications and approvals, assisting with problem solving and acting as a liaison between Facility management and technical and policy contacts within the Ministry.
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How can I use the OEL logo?
The OEL logo is provided to members of the OEL Program to use and display in the member Facility context. Upon acceptance in the Program, members receive three Member Guides, including the Visual Identifier Guide which provides guidance on the use of the OEL logo. Use of the OEL logo must cease when a Facility’s membership in the Program expires. Possible uses for the logo include:
- On print advertisements, flyers and coupons;
- On a sign, flag, or banner located at the Facility;
- On coffee mugs, key chains and other promotional items of the Facility;
- On a facility web site;
- In pamphlets and brochures describing the Facility;
- On visual displays located at the Facility; or
- On letterhead or business cards of Facility employees.
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Will the Ministry offer more/different incentives?
Yes. Members of the OEL Program will be invited to participate in the ongoing development and continual improvement of the Program, including the next round of incentives.
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Entry Requirements
I am interested in becoming an OEL member. What is the program entry process?
Facilities interested in applying to the OEL program must fill in an OEL Application Form. The OEL Application Form and OEL Application Guide can be found at http://www.ene.gov.on.ca/
envision/general/leadership/apply.htm. Ministry staff are available for pre-application consultation (please call 416-314-3910 or email leadership@ene.gov.on.ca). It is recommended that the applicant Facility discuss their potential targets with Ministry staff before submitting their application. Once the application has been completed by the Facility, the application is submitted to the Ministry for review to assess whether it meets Program requirements. This review includes external consultation with the Management Committee, with representatives from industry, environmental non-governmental organizations and academia. Upon application approval, a letter of acceptance is sent to the new member Facility, welcoming them to the OEL program. Once this letter of acceptance has been sent, the Facility is immediately eligible for all of the program incentives.
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What is a PPRP?
The Provincial Priority Reduction Plan (PPRP) documents the priority substances and significant environmental aspects, baseline amounts and/or years, and reduction targets committed to by the Facility. The PPRP also includes a detailed implementation plan for achieving the targets including specific actions and timelines.
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Can targets be related to air, water, or waste?
Yes, Facilities may commit to multi-media targets. The Ministry will work with Facilities to develop appropriate targets. Targets will vary according to the operations of member Facilities.
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Can NOX and SO2 emission targets for OEL also be considered as Emission Reduction Credits under Ontario’s Emission Trading System?
Facilities can participate in both initiatives if they make an emissions reduction commitment under the OEL program. Any reductions that are over and above the target specified in the PPRP may be used to apply for Emissions Reduction Credits (assuming requirements of the Emissions Trading Code are met). Therefore, to create Emission Reduction Credits, an OEL member will have to achieve further reductions than those it has committed to under the OEL Program. Details on Emission Reduction Credits are provided in the Emissions Trading Code.
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Why must a facility submit an ESDM report with its application?
Facilities applying to enter the OEL program must submit a valid and current Emission Summary and Dispersion Modelling (ESDM) Report. An ESDM report is the way that facilities demonstrate that their air emissions are in compliance with the Ministry’s point of impingement limits, as set out in regulation or in guidance material. The ESDM report is one consideration in the Ministry’s assessment of whether the Facility has a good compliance record, an entry requirement for OEL. As well, the report can inform the Ministry’s review of a Facility’s proposed Provincial Priority Reduction Plan (PPRP).
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How does the new Regulation 419 affect the OEL requirement to submit an ESDM report?
Prior to November 2005, facilities were required to submit a current ESDM report that met the requirements set out in Regulation 346 (General - Air Pollution), and followed a standard procedure published by MOE. Both the regulation and the supporting ESDM procedure have been updated. On November 30 2005, Regulation 419/05 (Air Pollution - Local Air Quality) came into force, entirely replacing the old Regulation 346. Regulation 419 sets out minimum contents of an ESDM report, and there is a new procedure document that explains how to complete the report. For an application under OEL, the Ministry now requires the ESDM to comply with these new rules.
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What is an Environmental Management System (EMS)?
An EMS is an organizational-management framework that addresses the immediate and long-term environmental impacts of a Facility’s products, services, and processes. Some Environmental Management Systems conform to international standards that may be registered with an independent standards organization such as ISO.
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Do facilities need to have an ISO registered EMS to qualify for the OEL Program?
No, the Ministry recognizes that an EMS may take various forms, as appropriate to the facility. The Framework for Ontario’s Environmental Leaders Program outlines the elements of a generic EMS to satisfy the program requirements.
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How does MOE define a “demonstrated record of environmental compliance”?
The Ministry considers a Facility’s compliance record over the past five years as part of the application process. No single instance of non-compliance will exclude a facility from the Program. A Facility’s compliance history is considered as a package, and each applicant is considered on a case-by-case basis.
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