Running a business in Ontario that releases emissions into the air, water, or land does not mean flying under the radar. Before operations can legally begin, an Environmental Compliance Approval (ECA) is required, which is proof that the business has met the province’s environmental standards.
If you are a business owner, a developer, or an Ontarian trying to understand your rights near a proposed facility, this guide explains what an Environmental Compliance Approval is, who needs one, and what to do if things do not go your way.
What is an Environmental Compliance Approval in Ontario?
An Environmental Compliance Approval is a formal permission issued by Ontario’s Ministry of the Environment, Conservation and Parks (MECP). It is a permit that governs pollution from industrial facilities, such as:
- air
- noise
- waste
- sewage
Each ECA comes with a set of terms and conditions the holder must comply with.
Amendments to the EPA
The ECA replaced an older instrument called the Certificate of Approval, or C of A. On October 31, 2011, amendments to both the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA) brought the ECA into force.
However, businesses did not need to reapply immediately, since existing C of A’s and their conditions will continue, even after the ECA legal regime has been implemented. In other words, the old document was carried forward under the new framework.
What activities require an ECA and what’s exempt?
Three types of activity trigger the requirement under Ontario law, namely:
- s. 9, EPA: activities that may release contaminants into the natural environment other than water, covering most industrial processes, air emissions, and noise or vibration
- s. 27, EPA: the transportation, management, or disposal of certain types of waste, including waste management systems and disposal sites
- s. 53, OWRA: certain sewage works
Learn more about permits and environmental compliance under the EPA with this video:
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Exempt from ECA
Not every business that fits those categories needs a full ECA. Lower-risk operations may qualify for the Environmental Activity and Sector Registry (EASR), an online self-registration system. The EASR covers specific categories, including:
- end-of-life vehicle sites
- waste transportation systems
- certain air-emitting facilities
- qualifying stormwater management works
The key difference is risk that the EASR applies to activities where the environmental impact is predictable and standardized, while an ECA involves a site-by-site assessment.
Exempt from both the ECA and EASR
Some activities are fully exempt from both processes:
- mobile PCB (polychlorinated biphenyl) destruction facilities
- vertical closed loop ground source heat pump installations
- permits to take water
- drinking water systems
- Renewable Energy Approvals
- activities exempt under Ontario Regulation 524/98
Violation of environmental laws may result in hefty fines, such as in this case:
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What is the process of applying for an ECA?
Businesses can apply for one approval that covers multiple activity types, including air, noise, waste, and sewage, all in a single document. The Ministry describes this as a one-window approach. However, getting it issued takes preparation and lead time.
Before applying for an ECA
First, applicants should confirm the following:
- whether their project requires a separate Environmental Assessment,
- check local zoning with the municipality, and
- identify any duty to consult with First Nations and Métis communities
“You can’t legislate your way out of the duty to consult,” Kimberly J. Howard of McCarthy Tétrault LLP said in Lexpert’s Energy Special Edition in 2025. This highlights the importance of consulting with Indigenous communities before proposing any infrastructure or energy project.
Usually, collecting baseline data for surface water studies can take two to three years, so early engagement with the Ministry’s Regional Technical Support Section matters for certain project types. “The consequences for not carrying out sufficient due diligence can be severe,” Kevin Mehi of MLT Aikins LLP wrote in Lexpert, in a guide for investors acquiring renewable energy projects.
Submitting the application
Applications can either be:
- filed online through an Ontario.ca account, or
- emailed to [email protected]
A complete application must include:
- a detailed project and process description
- a site plan and zoning information
- supporting technical documents
- financial assurance calculations, where required
Timeline and fees
The Ministry has a one-year service standard for most ECA applications, though a “stop clock” provision allows this timeline to pause when additional information is needed.
Fees vary by activity type and application type, including new approval, amendment, or revocation, and are calculated automatically when applying online.
Who approves an ECA application?
The Director within the MECP, who is an official designated under the EPA, makes the final decision on every Environmental Compliance Approval application. But the Director does not decide in isolation.
Once an application is deemed complete, a technical reviewer assesses whether the proposed activity can operate without harming the environment or public health. The reviewer may draw on input from other Ministry branches, outside experts, or the local municipality.
When a project falls under the Environmental Bill of Rights (EBR) as a Class II proposal, the Ministry posts a notice on the Environmental Registry of Ontario. The public then has 30 days to submit comments, which become part of the public record and can shape the outcome.
The Director can also call a formal hearing at any point during or after the technical review, regardless of project type.
What happens if you disagree with an ECA denial?
A refusal does not close the door completely, and the law provides clear pathways for both applicants and members of the public.
For applicants of ECAs
Under s. 139 of the EPA, you can request a hearing before the Ontario Land Tribunal if the Director refuses to issue an ECA, revokes or suspends one, or imposes conditions you consider unreasonable. The filing deadline is 15 calendar days from the date of the Director’s decision.
For Ontario residents
Third parties also have standing. Under s. 41 of the EBR, any Ontario resident with a sufficient interest in the matter can apply to the Ontario Land Tribunal for leave to appeal within 15 calendar days of the decision being posted on the ERO.
Both of the following tests must be passed in such a case:
- Section 38(1), EBR, or the Standing Test: the appellant must show a sufficient connection between the decision and themselves as having a right under the law to appeal the decision
- Section 41, EBR, or the Leave to Appeal Test: there must be good reason to believe no reasonable person, having regard to relevant law and policy, could have made the decision, and the outcome could result in significant harm to the environment
Both conditions must be met before the full appeal proceeds.
Environmental Compliance Approval: the bigger picture
An Environmental Compliance Approval is one of the practical ways Ontario holds businesses accountable for their environmental impact before it happens. The system rests on a simple idea: if your operations can affect the environment around you, you have to show the province those operations can be managed safely.
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