Environmental compliance approval (ECA)

An ECA is how Ontario’s environment ministry permits activities with emissions or discharges. A buyer may meet it when the business has emissions or discharges related to air, noise, waste or sewage, which the ministry names as the subject of an ECA, and the ministry describes an ECA as a permission to operate with environmental controls. It comes with terms and conditions the operator must follow.

Which law requires one

• Section 9 of the Environmental Protection Act, for certain activities with emissions related to air, noise or vibration
• Section 27 of that Act, for the transportation, management or disposal of certain types of waste
• Section 53 of the Ontario Water Resources Act, for certain sewage works

When ownership changes

The ministry says you must notify it when the name, address or ownership of an ECA changes, within the timeline set in the ECA’s terms and conditions, and for ownership changes it asks for a signed letter from the previous owner authorizing the transfer. For some waste management system and waste disposal site ECAs it also asks for updated financial assurance. Ask the seller for every ECA, check each against the activities actually carried on, and read the environmental liabilities that come with a business.

Other provinces

This is Ontario’s regime. For a facility in another province, check that province’s environmental law and ask its regulator what permits apply.