New Recycling Legislature introduced in Ontario

Any business with activities related to Stewardship Ontario, should take note that on Thursday, June 6, the province of Ontario introduced legislation (Bill 91) that would require producers to take responsibility for recycling the products they sell. 

1. Establish individual producer responsibility requirements relating to the diversion of end of life products, which result in designated wastes. The Act would enable the setting of standards related to waste diversion and services. Producers would have the flexibility to determine how best to meet the standards. It would make producers and those persons related to a producer or group of producers equally responsible for meeting the set standards. 

2. Ensure consumer protection by requiring all-in pricing for designated wastes under the Act. The Act would also require any seller displaying waste diversion costs, embedded in the price of a product, to be stated in a transparent and accurate manner. False or misleading representations would be an offence under the Act. The new Waste Reduction Authority would be responsible for enforcing the all-in pricing provisions of the Act. 

3. Require producers to reimburse a municipality for the municipality’s collection and handling costs for designated wastes.

4. Transform Waste Diversion Ontario into the new Waste Reduction Authority with responsibility to oversee the compliance and enforcement of the new individual producer responsibility regime. It would operate a registry, allow for inspections and enforcement, and be able to issue monetary penalties for non-compliance with the Act and regulations. The Authority would be financed by fees and administrative penalties, determined through future regulations.

5. Repeal the Waste Diversion Act, 2002, but provide for the continuance of the four currently operating waste diversion programs through re-enacted provisions (Part VII) in the new Act. Once the programs are transitioned into the new regime, the re-enact provisions (Part VII) would be repealed.

1. Advertised prices and shelf prices must include any recycling costs.

2. Producers must meet set recycling targets (beginning with the ICI sector recycling paper and packaging).

3. Industry will be allowed to pay for a larger share of Blue Box costs.

4. WDO is to be renamed as the Waste Reduction Authority and have enhanced powers.

The Act and the Strategy are posted and are subject to a 90-day review. The full Waste Reduction Strategy has been posted on the EBR website:

http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTE5NzM0&statusId=MTc5MTM1&language=en

The earliest the legislation would likely take effect is Q1 of 2014. The regulations, which have not yet been written, would define the details.