Proposal to amend the framework for regulating sewage works servicing on-farm housing for workers

Ministry of the Environment, Conservation and Parks (MECP) and the Ministry of Municipal Affairs and Housing (MMAH) have posted proposal notices on the Environmental Registry of Ontario (ERO) to adapt the regulatory frameworks for septic systems servicing on-farm housing. This proposed initiative would help support the province’s agricultural sector and food-supply chain by allowing these systems to be established faster, while continuing to safeguard human health and maintaining environmental protections.

Currently, septic systems with a design capacity exceeding 10,000 litres per day per property require an environmental compliance approval (ECA) under the Ontario Water Resources Act, while smaller septic systems are governed by Ontario’s Building Code. If passed, the proposed amendments would align the regulatory framework governing septic systems servicing on-farm housing with the level of risk, size and complexity. We have proposed two alternative regulatory pathways for small to medium-sized systems which would continue to safeguard public health, the environment and neighbouring property values:

1. The first proposal is to transfer the regulation and enforcement of certain additional small-sized septic systems servicing on-farm worker housing from the Ontario Water Resources Act to the Ontario Building Code. Specifically, siting multiple Building Code-regulated septic systems on a single agricultural property, up to a cumulative limit of 50,000 litres per day would no longer require an Environmental Compliance Approval. Instead, proponents of these systems would be regulated under and be required to meet additional enhanced protective requirements proposed under the Building Code.  

2. The second proposal is to allow proponents of certain septic systems servicing on-farm worker housing to self-register on the Environmental Activity and Sector Registry (EASR), instead of obtaining an ECA. This pathway is intended for septic systems with individual design capacities that range from 10,000 L/day to 25,000 litres per day or those that do not meet the requirements for regulation under the Building Code. The cumulative design capacity of systems on an agricultural property would be restricted to 50,000 litres per day when registering on the EASR. To maintain environmental protection, proponents of registered works would be required to meet environmentally protective regulatory requirements. Qualified professionals such as a licensed engineering practitioner or professional geoscientist would be required to complete a site assessment and design the sewage works and prepare technical reports. These reports would include design details, effluent criteria and monitoring requirements, a water resource impact assessment, and operations and maintenance requirements. These reports and design details would need to be followed by a person registering on the EASR. MECP also has a mandate to conduct compliance assessments on activities registered on the EASR.

The province is seeking your input on these proposals. The following ERO postings are available with more details:

ERO posting # 025-0900 by MECP, proposes ​​amendments to the Ontario Water Resources Act to allow multiple Building Code-regulated sewage systems for on-farm worker housing, up to a cumulative limit of 50,000 L/d, on a single agricultural property. https://ero.ontario.ca/notice/025-0900

ERO posting #025-0899 by MMAH, proposes concepts for the rules and criteria that would apply to the sewage systems servicing on-farm worker housing that are proposed to be regulated under the Building Code instead of an ECA. https://ero.ontario.ca/notice/025-0899

ERO posting # 025-0872 by MECP, proposes potential prescribed criteria and requirements for a new regulation under the Environmental Protection Act to move certain systems to a registration-first approach. https://ero.ontario.ca/notice/025-0872

The proposal notice 025-900 will be open for public comment on the Environmental Registry of Ontario for 30 days, closing on November 22, 2025. Posting notices #025-0899 and #025-0872 will be open for comment for 45 days, closing on December 7, 2025.

Ontario Code News: Issue 371 -

The Ministry of Municipal Affairs and Housing has posted notices on the Environmental Registry of Ontario and Regulatory Registry to propose policy changes to the Building Code which may result in additional sewage systems serving on-farm worker housing being regulated under the Building Code to support the agricultural sector.

The proposal is available on the Environmental Registry of Ontario and the Regulatory Registry at ero.ontario.ca/notice/025-0899 for comment until December 7, 2025 (45 days).

This policy proposal would support complementary amendments to the Ontario Water Resources Act. Comments on the Ontario Water Resources Act can also be made at this link: ero.ontario.ca/notice/025-0900.

Public consultations will be held to provide opportunity for further discussion. If you would like to participate in these discussions or would like more information on the consultation, please contact buildingcode.consultation@ontario.ca.