Emissions Performance Standards program

Overview

The Emissions Performance Standards (EPS) program ensures polluters are accountable for their greenhouse gas emissions and will help Ontario achieve its share of Canada’s 2030 emissions reduction target, without a carbon tax.

The program was created under the Emissions Performance Standards Regulation (O. Reg. 241/19), which came into effect on July 4, 2019.

Emissions performance standards are used to determine an emissions limit that industrial facilities must meet each year. The standards become stricter every year, requiring emitters to either:

• reduce their emissions
• pay for exceeding the limits

Learn more about the emissions performance standards and get instructions on how to determine the annual emissions limits (PDF).

The goals of the EPS program are to:

• encourage the industrial sector to reduce greenhouse gas emissions
• maintain competitiveness of Ontario businesses
• minimize carbon leakage – the risk of production leaving the province for other jurisdictions with less stringent climate policies

On September 20, 2020, the Ontario EPS program was accepted by the Government of Canada as an alternative to the federal output-based pricing system (OBPS).

On March 31, 2021, Environment and Climate Change Canada announced its intent to remove the application of the federal OBPS from Ontario facilities effective January 1, 2022.

Ontario will work with the federal government to ensure a smooth transition for industry to the EPS program. Compliance obligations will continue to apply under the OBPS program for emissions that occur in 2019, 2020 and 2021. More information will be provided as it becomes available.

Learn more about our commitments to address climate change and reduce greenhouse gas emissions in the Made-in-Ontario Environment Plan.

Facilities that must register

You are required by law to register your facility in the EPS program if it meets the following criteria under section 2 of O. Reg. 241/19:

• the owner or operator of the facility was required to report the facility’s greenhouse gas emissions for 2014 or for any subsequent year
• the facility reported 50,000 tonnes or more of CO2e emissions in one or more reporting year from 2014 onward
• the primary activity at the facility is an industrial activity listed in paragraphs 1 to 38 of Schedule 2 of O. Reg. 241/19 or the owner or operator of the facility has registered the facility under Part II of the Greenhouse Gas Pollution Pricing Act (Canada)

Facilities that may opt-in

You may choose to register your facility in the EPS program if it meets all the following criteria under section 4 of O. Reg. 241/19:

• the owner or operator of the facility that reported the facility’s greenhouse gas emissions for 2014 or for any subsequent year
• the facility reported between 10,000 and 50,000 tonnes of CO2e emissions in one or more reporting year from 2014 onward
• an activity at the facility is an industrial activity listed in Schedule 2 of O. Reg. 241/19
• the owner or operator of the facility has registered the facility under Part II of the Greenhouse Gas Pollution Pricing Act (Canada)

How to register your facility

To register in Ontario’s EPS program, as the owner or operator of a facility, you must complete the following steps:

1. Submit a Notice of Intention (NOI) to register your facility
2. Complete and submit a registration package

Step 1: submit a Notice of Intention (NOI)

If you meet the required or optional registration criteria, you must submit a NOI to the Ministry of Environment, Conservation and Parks.

To submit your NOI, please email EPSApplications@Ontario.ca with the following information:

• company legal name
• facility name(s)
• Greenhouse Gas (GHG) ID(s) and Greenhouse Gas Reporting Program (GHGRP) ID(s)
• whether each facility is already registered or has applied to register under Canada’s Output-Based Pricing System

Step 2: complete and submit a registration package

After you submit a NOI, a member of the EPS registration team will provide you with a registration package and further instructions via email.

The registration package includes a:

• Facility Registration form
• Letter of Authorization template

You must complete and sign the registration package, then send a scanned copy to EPSApplications@ontario.ca.

Once we have reviewed your registration package, we will email you with the status of your registration and next steps, if applicable.

Changes to registration information

You are required under section 8 of O. Reg. 241/19 to provide notification of any changes to your registration information no later than 30 days following the change.

To provide notification of changes to your registration, you may use your previous Facility Registration Form and change only the applicable fields. You may contact EPSApplications@ontario.ca for a copy of the Facility Registration Form and a Tip Sheet on how to submit changes to registration information.

If you are changing the account representative(s)

If you are changing the authorized representative or adding new account representative(s), you must also provide an updated Letter of Authorization confirming that the new individual has the authority to act on behalf of the owner or operator. You may contact EPSApplications@ontario.ca for a copy of the Letter of Authorization template or for more information.

The Facility Registration Form should be:

• completed on your computer
• printed
• signed by the new account representatives (if applicable) and the authorized representative
• scanned

Once completed, the authorized representative must email a signed copy to EPSapplications@ontario.ca.

Facility re-registration when there is a change in owner or operator

You are required under section 6 of O. Reg. 241/19 to re-register a facility that has already been registered or re-registered in the Ontario EPS program if both the:

• owner or operator that registered the facility has changed
• facility is continuing to engage in an industrial activity listed under Schedule 2

As the new owner or operator of the facility, you must re-register the facility no later than 30 days after the change in owner or operator has occurred.

If you are the new owner or operator of a facility that meets the facility re-registration criteria above, email EPSapplications@ontario.ca to request a re-registration package.

A member of the EPS registration team will provide you with the re-registration package, a tip sheet and further instructions via email.

The Re-registration package includes a:

• Facility Re-registration form
• Letter of Authorization template

The Facility Re-registration Form should be:

• completed on your computer
• printed
• signed by the new account representatives (if applicable) and the authorized representative
• scanned

Once completed, the authorized representative must email a signed copy to EPSapplications@ontario.ca.

To register or apply to register a facility that is not already registered in the EPS program, you must follow the process outlined above under “How to register your facility”.

For more information

If you have questions about Ontario’s Emissions Performance Standards program, contact the EPS Program Help Desk:

Toll-free: 1-888-217-3326
Email: EPShelp@ontario.ca