Bill 91, Waste Reduction Act, 2013

Bradley, Hon James J. Minister of the Environment

Current Status: Second Reading Debate

Viewing: Original (current version) pdf

Bill 91                                                          2013

An Act to establish a new regime for the reduction, reuse and recycling of waste and to repeal the Waste Diversion Act, 2002

This Act repeals the Waste Diversion Act, 2002.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

CONTENTS

PART I
GENERAL

1.

Purpose

2.

Definitions

3.

Crown bound

4.

Conflict

PART II
WASTE REDUCTION AUTHORITY

Authority and its Objects

5.

Corporation continued

6.

Composition

7.

Objects of the Authority

8.

Board of directors

9.

By-laws

10.

Operating agreement

11.

Policy directions

12.

Advisory council, advisory process

13.

Review

14.

Annual business plan

Powers, Finances and Administration

15.

Powers of a natural person

16.

Corporations Act and Corporations Information Act

17.

Professional assistance

18.

No personal liability

19.

Not Crown agents

20.

No Crown liability

21.

Indemnification

22.

Forms and fees

23.

Fiscal year

24.

Auditor

25.

Audit by Auditor General

26.

Annual report

Registrar and Other Staff

27.

Registrar

28.

Deputy Registrars

29.

Inspectors

30.

Employees

31.

Use of writing

Registry

32.

Registry

33.

Posting of order in Registry

Administrator

34.

Administrator

35.

Appointment of administrator, effect on board

Miscellaneous

36.

Right to use French

37.

Confidentiality of information

38.

Conflict

PART III
RESPONSIBILITY OF PRODUCERS AND INTERMEDIARIES

General

39.

Purpose

40.

Who is producer’s intermediary

41.

Registration

Duties of Producers and Intermediaries

42.

Duties of producers and intermediaries

43.

Service agreement

Producers’ Responsibilities to Municipalities

44.

Collection of designated waste and reimbursement of costs

45.

Compensation formula

Miscellaneous

46.

Reports by producers

47.

Reports by intermediaries

48.

Reports by municipalities

49.

Measures to increase public awareness and participation

50.

Exception, products sold by Brewers Retail Inc.

PART IV
INTEGRATED PRICING

51.

Purposes

52.

Definitions

53.

Application of Part to products

54.

Prices of products and related environmental protection costs

55.

False, misleading or deceptive representation

PART V
ENFORCEMENT

Powers and Duties of Inspectors

56.

Inspection

57.

Power to require response to inquiries

58.

Identification

59.

Order for entry or inspection

60.

Samples and copies

61.

Records

62.

Calling for assistance of member of police force

Seizure

63.

Seizure during inspection

64.

Report to justice, things seized

Compliance Orders

65.

Order by inspector: contraventions of Act and regulations

66.

Request for review, orders under s. 65

Administrative Penalties

67.

Administrative penalties

68.

Failure to pay administrative penalty when required

Appeals

69.

Appeal of order

70.

Extension of time for requiring hearing

71.

Contents of notice requiring hearing

72.

Stay on appeal

73.

Parties

74.

Powers of Tribunal

75.

Appeals from Tribunal

Offences

76.

Offences

77.

Obstruction, etc.

Miscellaneous

78.

Giving or serving a document

79.

Proof

PART VI
REGULATIONS

General

80.

Regulations, Lieutenant Governor in Council

81.

Rolling incorporation by reference

Regulations Relating to Part II

82.

Regulations, Lieutenant Governor in Council

83.

Regulations, Minister

Regulations Relating to Part III

84.

Regulations, Lieutenant Governor in Council

Regulations Relating to Part V

85.

Regulations, Lieutenant Governor in Council

PART VII
EXISTING WASTE DIVERSION PROGRAMS AND EXISTING INDUSTRY FUNDING ORGANIZATIONS

General

86.

Purpose of Part VII

87.

Definitions

88.

Part VII objects of Authority

89.

Annual report

Existing Waste Diversion Programs

90.

Existing waste diversion programs continued

91.

Material change to existing waste diversion program

92.

Change to existing waste diversion program, required by Minister

93.

Contents of existing waste diversion program

Existing Industry Funding Organizations

94.

Industry funding organizations may be continued

95.

Composition

96.

Management

97.

Chair

98.

Quorum

99.

Voting

100.

By-laws

101.

Remuneration and expenses

102.

Corporations Act and Corporations Information Act

103.

Capacity and powers

104.

Not a Crown agent

105.

Protection from liability:  Crown

106.

Protection from liability:  directors, etc.

107.

Fiscal year

108.

Auditor

109.

Operation of program

110.

Rules relating to stewards

111.

Existing rules continued

112.

Payment of stewardship fees

113.

Existing funds continued

114.

Annual report

Industry Stewardship Plans

115.

Industry stewardship plans

116.

Existing industry stewardship plans continued

Winding Up of Existing Waste Diversion Programs and Existing Industry Funding Organizations

117.

Administrator

118.

Appointment of administrator, effect on board

Brewers Retail Inc.

119.

Brewers Retail Inc.

Enforcement

120.

Provincial officers

121.

Powers of provincial officer

122.

Identification

123.

Obstruction of provincial officer

124.

Offences

Part VII Regulations

125.

Regulations, Lieutenant Governor in Council

126.

Regulations, Minister

127.

Conflict

128.

Regulations under old Act continued

129.

Repeal

PART VIII
AMENDMENTS TO THIS ACT, REPEAL, COMMENCEMENT AND SHORT TITLE

130.

Amendments to this Act

131.

Repeal

132.

Commencement

133.

Short title

______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part I
General

Purpose

   1.  The purpose of this Act is to promote the reduction, reuse and recycling of waste derived from products.

Definitions

   2.  In this Act,

“Authority” means the Waste Reduction Authority continued by section 5; (“Office”)

“Deputy Registrar” means a Deputy Registrar appointed by the Registrar under section 28; (“registrateur adjoint”)

“designated waste” means material that is prescribed as designated waste by a regulation made under clause 84 (1) (a) and, for greater certainty, does not include Part VII designated waste; (“déchet désigné”)

“inspector” means the Registrar, a Deputy Registrar or an inspector appointed by the Registrar under subsection 29 (1); (“inspecteur”)

“intermediary”, when used in reference to a producer, means the producer’s intermediary identified in accordance with section 40; (“intermédiaire”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“Minister” means the Minister of the Environment or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“natural environment” has the same meaning as in the Environmental Protection Act; (“environnement naturel”)

“operating agreement” means an agreement described in section 10; (“accord de fonctionnement”)

“Part VII designated waste” and “Part VII regulations” have the meanings given to those terms by Part VII; (“déchet désigné de la partie VII”, “règlements de la partie VII”)

“place” includes a building, structure, machine, vehicle or vessel; (“lieu”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“producer” means a person who is prescribed, in respect of a product from which a designated waste is derived, by a regulation made under clause 84 (1) (c); (“producteur”)

“product”, when used in reference to a producer, means the product in respect of which the producer is prescribed; (“produit”)

“Registrar” means the Registrar appointed by the Authority under section 27; (“registrateur”)

“Registry” means the registry established under subsection 32 (1); (“registre”)

“regulations” means the regulations made under this Act, other than Part VII regulations; (“règlements”)

“sell” includes,

  (a)  offer for sale, expose for sale or have in possession for sale,

  (b)  distribute to one or more persons, whether for consideration or not, and

   (c)  lease, offer for lease, expose for lease or have in possession for lease; (“vente”)

“service standard” means a requirement or prohibition that is prescribed by a regulation made under subclause 84 (1) (e) (ii); (“norme de service”)

“Tribunal” means the Environmental Review Tribunal; (“Tribunal”)

“waste class” means a class of designated wastes that is prescribed by a regulation made under clause 84 (1) (b); (“catégorie de déchets”)

“waste reduction services” means services provided for the purpose of meeting a waste reduction standard or a service standard; (“services de réduction des déchets”)

“waste reduction standard” means a requirement or prohibition that is prescribed by a regulation made under subclause 84 (1) (e) (i). (“norme de reduction des déchets”)

Crown bound

   3.  This Act binds the Crown.

Conflict

   4.  In the event of conflict between this Act or the regulations and any other Act or regulation, with respect to a matter related to the natural environment or human health, the provision that provides more protection to the natural environment or human health prevails.

Part II
Waste Reduction Authority

Authority and its Objects

Corporation continued

   5.  The corporation without share capital established under section 3 of the Waste Diversion Act, 2002 under the name of Waste Diversion Ontario in English and Réacheminement des déchets Ontario in French is continued as a corporation without share capital under the name of Waste Reduction Authority in English and Office de réduction des déchets in French.

Composition

   6.  The Authority is composed of the members of its board of directors.

Objects of the Authority

   7.  The objects of the Authority are,

  (a)  to perform the duties and exercise the powers of the Authority under this Act and the regulations for the purpose of ensuring that waste reduction activities are undertaken in accordance with this Act and the regulations;

  (b)  to educate producers, intermediaries, providers of waste reduction services, consumers and the public about this Act and the regulations;

   (c)  to establish a compensation formula for every designated waste, for the purposes of paragraph 2 of subsection 44 (5);

  (d)  to establish and make available a facilitation process to assist producers and municipalities in the resolution of disputes under subsection 44 (6);

  (e)  to conduct public consultations on any matter related to waste referred to the Authority by the Minister;

    (f)  to advise or report to the Minister on any matter related to waste that he or she refers to the Authority;

  (g)  to engage in any activity that the operating agreement requires the Authority to engage in;

   (h)  to determine the amount of money required by the Authority for the purposes of performing its duties and exercising its powers under this Act and the regulations; and

    (i)  to perform any other duty or exercise any other power related to waste that is prescribed by the regulations.

Board of directors

   8.  (1)  The board of directors shall manage or supervise the management of the affairs of the Authority.

Members

   (2)  The board shall consist of the following members:

    1.  Members appointed by the Minister, for a term specified in the appointment.

    2.  Members appointed or elected by the board in accordance with the procedures prescribed by the regulations. 

Maximum number

   (3)  The maximum number of members appointed under paragraph 1 of subsection (2) shall be as prescribed by the regulations or, if no maximum number is prescribed, the maximum number shall be five.

Same

   (4)  The maximum number of members appointed or elected under paragraph 2 of subsection (2) shall be as prescribed by the regulations or, if no maximum number is prescribed, the maximum number shall be six.

No majority

   (5)  When appointing members under paragraph 1 of subsection (2), the Minister shall ensure that those members do not constitute a majority of the number of members required to be on the board.

Qualifications

   (6)  A person may be appointed or elected under subsection (2) only if he or she meets any qualifications or eligibility criteria prescribed by the regulations.

Length of terms, etc.

   (7)  The appointment or election of a member under paragraph 2 of subsection (2) is subject to any restrictions on the length of a member’s term or on a member’s reappointment or re-election prescribed by the regulations.

Chair and vice-chair

   (8)  The board shall elect a chair and one or more vice-chairs from among the members of the board.

Acting chair

   (9)  If the chair is absent or unable to act, or if the office of the chair is vacant, a vice-chair shall act as chair.

Same

   (10)  If the chair and vice-chairs are absent, the members present shall appoint an acting chair from among themselves to act as chair. 

Quorum

   (11)  Six members of the board constitutes a quorum for the purposes of transacting business, unless a different number is prescribed by the regulations.

Voting

   (12)  Decisions of the board shall be determined by majority vote.

One vote per member

   (13)  Each member of the board is entitled to one vote. 

Transition, board

   (14)  Despite subsection (2), the persons who are members of the board of directors of Waste Diversion Ontario immediately before the day this section comes into force continue as members of the board of directors of the Authority in accordance with their appointments.

Transition, chair

   (15)  The chair of the board of directors of Waste Diversion Ontario who is in office immediately before the day this section comes into force continues as chair of the board of directors of the Authority until the board elects a chair under subsection (8). 

Same

   (16)  The first elections referred to in subsection (8) shall take place within three months after the day this section comes into force.

Transition, regulations

   (17)  Until a regulation is made for the purposes of paragraph 2 of subsection (2), subsection (6) or subsection (7), the operating agreement, as it read on June 5, 2013, continues to apply with respect to the matters referred to in those provisions.

By-laws

   9.  (1)  The board of directors may pass by-laws,

  (a)  regulating the board’s proceedings, specifying the powers and duties of the officers and employees of the Authority and generally for the management of the affairs of the Authority;

  (b)  respecting the appointment of officers and employees of the Authority and providing for payment of their remuneration and reimbursement of their expenses;

   (c)  providing for payment of the remuneration and reimbursement of the expenses of members of the board;

  (d)  establishing requirements with respect to conflict of interest for members of the board and for the Authority’s officers and employees.

Subcommittees

   (2)  The by-laws may authorize the establishment of subcommittees of the board and may authorize a subcommittee to include persons who are not members of the board.

Legislation Act, 2006, Part III

   (3)  Part III (Regulations) of the Legislation Act, 2006 does not apply to the by-laws made under this section.

Availability to public

   (4)  The Authority shall make its by-laws available to the public on the Registry within 30 days after the by-laws are made by the board.

Transition

   (5)  Any by-law made by the board of directors of Waste Diversion Ontario that is in force immediately before this section comes into force continues in force as a by-law of the Authority until replaced by a by-law made by the board of directors of the Authority.

Operating agreement

   10.  (1)  The Minister and the Authority shall enter into an operating agreement.

Contents

   (2)  The operating agreement shall include matters that the Minister considers advisable in the public interest relating to the operations of the Authority.

Amendment

   (3)  The Minister may serve notice on the Authority that an amendment to the operating agreement is required.

Same

   (4)  An amendment shall be agreed on by the Minister and the Authority within 180 days after notice is served under subsection (3), or within a longer period that the Minister, before or after the expiry of the 180-day period, may in writing allow. 

Availability to public

   (5)  The Authority shall make the operating agreement available to the public on the Registry.

Application of Environmental Bill of Rights, 1993

   (6)  Section 16 of the Environmental Bill of Rights, 1993, and the other provisions of that Act that apply to proposals for regulations, apply with necessary modifications to an operating agreement or an amendment to the operating agreement under consideration by the Minister under this section and, for that purpose, the operating agreement or amendment is deemed to be a proposal under consideration by the Ministry for a regulation under a prescribed Act.

Transition

   (7)  The operating agreement between the Minister and Waste Diversion Ontario that is in force under the Waste Diversion Act, 2002 immediately before this section comes into force continues in force as the operating agreement between the Minister and the Authority until replaced.

Policy directions

   11.  (1)  If the Minister considers it in the public interest to do so, he or she may issue policy directions to the Authority consistent with the purposes of this Act and relating to the carrying out of the Authority’s objects under this Act.

Notice

   (2)  The Minister shall give the Authority the notice that he or she considers reasonable in the circumstances before issuing the policy directions.

Implementation

   (3)  The Authority shall carry out its objects in a manner that is consistent with any policy directions issued by the Minister.

Advisory council, advisory process

   12.  The Minister may require the Authority to,

  (a)  establish one or more advisory councils to provide advice to the Authority on matters related to the carrying out of its objects;

  (b)  undertake an advisory process in which it seeks advice from the public, from persons with experience or knowledge relating to the Authority’s objects under this Act, or from both.

Review

   13.  (1)  The Minister may,

  (a)  require that policy, legislative or regulatory reviews related to the objects, duties and powers of the Authority under this Act, the regulations or the operating agreement be carried out,

           (i)  by or on behalf of the Authority, or

          (ii)  by a person or entity specified by the Minister;

  (b)  require that reviews of the Authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

           (i)  by or on behalf of the Authority, or

          (ii)  by a person or entity specified by the Minister.

Access to records and information

   (2)  When a review is carried out under subclause (1) (a) (ii) or (1) (b) (ii), the Authority shall give the person or entity specified by the Minister and the person’s or entity’s employees access to all records and other information required to conduct the review.

Annual business plan

   14.  (1)  On or before January 1 in each year, the Authority shall adopt and submit to the Minister a business plan for the implementation of its objects during that year.

First year

   (2)  Despite subsection (1), in the first year that this section is in force, the Authority shall, on a date specified by the Minister, adopt and submit to the Minister a business plan for the implementation of its objects for the remainder of the year.

Availability to public

   (3)  When a business plan is submitted to the Minister, the Authority shall make it available to the public on the Registry.

Powers, Finances and Administration

Powers of a natural person

   15.  (1)  The Authority has the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects, except as limited by this Act or the regulations.

Subsidiary corporation

   (2)  The Authority shall not establish a subsidiary corporation, except where permitted by regulation.

Commercial activity

   (3)  The Authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the Authority, except where permitted by regulation.

Use of assets and revenue

   (4)  The assets and revenue of the Authority must not be used for any purpose except to further the objects of the Authority.

Corporations Act and Corporations Information Act

   16.  The Corporations Act and the Corporations Information Act do not apply to the Authority, except as provided by the regulations.

Professional assistance

   17.  The Authority may,

  (a)  engage persons to provide professional, technical or other assistance to or on behalf of the Authority; and

  (b)  establish the terms of engagement and provide for the payment of the remuneration and expenses of the persons engaged under clause (a). 

No personal liability

   18.  (1)  No action or other proceeding shall be instituted against a member of the board of directors or an officer, employee or agent of the Authority for any act done in good faith and in a reasonable manner in the execution or intended execution of any duty imposed or power conferred by this Act, the regulations or the by-laws, or for any alleged omission in the execution in good faith of that duty or power. 

Liability of Authority

   (2)  Subsection (1) does not relieve the Authority of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection. 

Not Crown agents

   19.  The Authority and its members, officers, employees and agents are not agents of the Crown in right of Ontario and shall not hold themselves out as agents of the Crown.

No Crown liability

   20.  No action or other proceeding shall be instituted against the Minister, the Crown in right of Ontario, or any employee of the Crown for any act or omission of the Authority or a member, officer, employee or agent of the Authority. 

Indemnification

   21.  The Authority shall indemnify the Crown in respect of damages and costs incurred by the Crown for any act or omission of the Authority or its members, officers, employees or agents.

Forms and fees

   22.  (1)  The Authority may,

  (a)  establish forms related to the administration of this Act;

  (b)  set and collect fees, costs or other charges related to the administration of this Act, except the administration of Part VII, in accordance with processes and criteria established by the Authority;

   (c)  establish requirements governing the payment of the fees, costs and charges described in clause (b); and

  (d)  provide for the refund of all or part of a fee, cost or charge described in clause (b).

Setting fees

   (2)  In setting the fees, costs and charges described in clause (1) (b), the Authority may specify their amounts or the method for determining the amounts.

Publication of fee schedule

   (3)  The Authority,

  (a)  shall publish the fees, costs and charges, the processes and criteria and the requirements on the Registry and in any other way described in the operating agreement; and

  (b)  may publish them in any other format the Authority considers advisable.

Payment of fees

   (4)  A person who is required by a requirement established under clause (1) (c) to pay a fee, cost or other charge shall pay the amounts determined in accordance with the requirement to the Authority, at the times specified by the requirement.

Legislation Act, 2006, Part III

   (5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to powers exercised by the Authority under this section.

Fiscal year

   23.  The Authority’s fiscal year is the period from January 1 to December 31 in each year.

Auditor

   24.  (1)  The Authority shall appoint an independent auditor who is licensed or holds a certificate of authorization in accordance with the Public Accounting Act, 2004.

Annual audit

   (2)  The auditor shall audit the accounts and financial transactions of the Authority for each fiscal year and shall prepare a report on each audit.

Availability to public

   (3)  The Authority shall make the report of the auditor available to the public on the Registry on or before June 1 following the end of the fiscal year.

Audit by Auditor General

   25.  (1)  The Auditor General appointed under the Auditor General Act may conduct an audit of the Authority. 

Contents of audit

   (2)  When the Auditor General conducts an audit under subsection (1), he or she shall examine,

  (a)  whether the Authority expended money for a purpose that is not within its objects;

  (b)  whether the Authority expended money without due regard to economy and efficiency; and

   (c)  where procedures could be used to measure and report on the effectiveness of the Authority’s programs, whether the procedures were not established or the established procedures were not satisfactory.

Access to information and records

   (3)  Sections 10, 11, 11.1, 11.2, 27.1 and 27.2 of the Auditor General Act apply, with necessary modifications, with respect to the Auditor General’s audit.

Report to Minister

   (4)  The Auditor General shall report to the Minister on and make public any matter arising out of the audit that, in the opinion of the Auditor General, should be brought to the attention of the Minister.

Annual report

   26.  (1)  The Authority shall, not later than June 1 in each year,

  (a)  prepare a report in accordance with the operating agreement on its activities during the previous year; and

  (b)  provide a copy of the report to the Minister and make the report available to the public on the Registry.

Contents

   (2)  The report shall include the following:

    1.  Audited financial statements for the Authority and a copy of the auditor’s report under subsection 24 (2).

    2.  Information about compliance with and enforcement of this Act and the regulations during the previous year.

    3.  Information about the management of designated waste under Part III during the previous year.

    4.  Information specified by the operating agreement.

    5.  Information requested in writing by the Minister. 

Signature

   (3)  The report shall be signed by the chair of the board of directors.

Registrar and Other Staff

Registrar

   27.  The Authority shall appoint a Registrar who shall perform the duties assigned to him or her under this Act and the regulations and by the Authority. 

Deputy Registrars

   28.  (1)  The Registrar may appoint one or more Deputy Registrars who shall perform the duties assigned to them under this Act and the regulations and by the Registrar.

Limitation on authority

   (2)  The Registrar may, in the appointment of a Deputy Registrar, limit the Deputy Registrar’s authority in such manner as he or she considers necessary or advisable.

Inspectors

   29.  (1)  The Registrar shall appoint inspectors as are necessary for the purposes of this Act.

Registrar and Deputy Registrars are inspectors

   (2)  The Registrar and the Deputy Registrars are inspectors by virtue of their office.  

Certificate of appointment

   (3)  The Registrar shall issue to every inspector a certificate of appointment which the inspector shall produce, on request, when acting in the performance of his or her duties. 

Limitation on authority

   (4)  The Registrar may, in the appointment of an inspector, limit the inspector’s authority in such manner as he or she considers necessary or advisable.

Employees

   30.  A person shall not be appointed under section 27, 28 or 29 unless he or she is an employee of the Authority.

Use of writing

   31.  Appointments under sections 27, 28 and 29 shall be made in writing.

Registry

Registry

   32.  (1)  The Registrar shall establish, maintain and operate an electronic public registry known in English as the Waste Reduction Registry and in French as Registre de réduction des déchets.

Purposes

   (2)  The purposes of the Registry are the following:

    1.  To allow producers to register in respect of products in accordance with subsection 41 (1).

    2.  To allow intermediaries to register in respect of producers and in respect of designated wastes in accordance with subsection 41 (2).

    3.  To allow municipalities to register in respect of designated wastes in accordance with subsection 41 (3).

    4.  To provide public notice of orders issued under this Act.

    5.  To provide public notice of compensation formulas established under section 45.

    6.  To provide public access to information contained in the Registry.

    7.  Any other prescribed purposes.

Form of Registry

   (3)  The Registry shall be organized in the manner and kept in the form that the Registrar may determine.

Verification and updating

   (4)  The Registrar may verify the information contained in the Registry and may update the Registry as appropriate.

Refusal to accept for registration

   (5)  The Registrar may refuse to accept any thing submitted for registration that does not comply with the requirements of this Act or the regulations.

Posting of order in Registry

   33.  The Registrar shall ensure that the Registry includes a copy of every order issued under this Act by the Registrar, a Deputy Registrar or an inspector. 

Administrator

Administrator

   34.  (1)  Subject to subsection (2), the Minister may, by order, appoint an individual as the administrator of the Authority for the purposes of assuming control of it and responsibility for its activities.

Condition precedent

   (2)  The Minister may appoint an administrator under subsection (1) only if he or she considers it in the public interest to do so because at least one of the following conditions is satisfied:

    1.  The Authority has failed to comply with a provision of this Act, the regulations, the operating agreement or the by-laws and the consequences of the breach put the Authority’s ability to carry out its objects at risk.

    2.  The Authority has,

            i.  expended money for a purpose that is not within its objects or diverted money to another person or entity for an improper purpose, or

           ii.  expended money without due regard to economy and efficiency.

    3.  The Authority is insolvent or insolvency is imminent.

    4.  There are not enough members on the board of directors to form a quorum for the transaction of business.

Notice of appointment

   (3)  The Minister shall give the board the notice that he or she considers reasonable in the circumstances before appointing the administrator.

Immediate appointment

   (4)  Subsection (3) does not apply if there are not enough members on the board to form a quorum.

Term of appointment

   (5)  The appointment of the administrator is valid until the Minister makes an order terminating it.

Powers and duties of administrator

   (6)  Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the members of the board and the officers of the Authority.

Same

   (7)  In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them.

Right of access

   (8)  The administrator has the same rights as the board in respect of the Authority’s documents, records and information.

Report to Minister

   (9)  The administrator shall report to the Minister as the Minister requires.

Minister’s directions

   (10)  The Minister may issue directions to the administrator with regard to any matter within the administrator’s jurisdiction, and the administrator shall carry them out.

No personal liability

   (11)  No action or other proceeding shall be instituted against the administrator for an act done in good faith and in a reasonable manner in the execution or intended execution of a duty or power under this Act, the regulations, the appointment under subsection (1) or any directions issued under subsection (10), or for an alleged neglect or default in the execution in good faith of that duty or power.

Crown liability

   (12)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (11) does not relieve the Crown of liability to which it would otherwise be subject.

Liability of Authority

   (13)  Subsection (11) does not relieve the Authority of liability to which it would otherwise be subject.

Appointment of administrator, effect on board

   35.  (1)  On the appointment of an administrator under section 34, the members of the board of directors cease to hold office, unless the order provides otherwise.

Same

   (2)  During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise.

No personal liability

   (3)  No action or other proceeding shall be instituted against a member or former member of the board for anything done by the administrator or the Authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2).

Liability of Authority

   (4)  Subsection (3) does not relieve the Authority of liability to which it would otherwise be subject.

Miscellaneous

Right to use French

   36.  (1)  A person has the right to communicate in French with, and to receive available services in French from, the Authority. 

Authority to ensure

   (2)  The Authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section.

Limitation

   (3)  The right to use French given by this section is subject to the limits that are reasonable in the circumstances.

Definition

   (4)  In this section,

“service” means any service or procedure that is provided to the public by the Authority in the performance of its duties or the exercise of its powers, and includes,

  (a)  responding to inquiries from members of the public, and

  (b)  any other communications for the purpose of providing the service or procedure.

Confidentiality of information

Definitions

   37.  (1)  In this section,

“law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed; (“procédure d’application de la loi”)

“peace officer” means a person or a member of a class of persons set out in the definition of “peace officer” in section 2 of theCriminal Code(Canada). (“agent de la paix”)

Disclosure

   (2)  The persons and entities mentioned in subsection (3) shall preserve secrecy with respect to any information obtained in performing a duty or exercising a power under this Act and shall not communicate the information to any person except,

  (a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act and the regulations;

  (b)  to a ministry engaged in the administration of this Act;

   (c)  to a peace officer, as required under a warrant, to aid an inspection, investigation or similar proceeding undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;

  (d)  with the consent of the person to whom the information relates;

  (e)  to the counsel of the person to whom the information relates;

    (f)  to the extent that the information is available to the public under this Act;

  (g)  as permitted or required by law; or

   (h)  under further circumstances that are prescribed.

Same

   (3)  The persons and entities referred to in subsection (2) are,

  (a)  the Authority, the members of its board of directors and its officers, employees and agents, including the Registrar, a Deputy Registrar and an inspector, and any other person who performs the duties and exercises the powers of those persons;

  (b)  any person carrying out a review under subsection 13 (1);

   (c)  an administrator appointed under section 34; and

  (d)  a provincial officer.

Persons not compellable

   (4)  No person shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or an appeal or a judicial review relating to a proceeding under this Act, with regard to information obtained in the course of performing a duty or exercising a power under this Act.

Documents not admissible

   (5)  No record of a proceeding under this Act, no document or other thing prepared for, or statement given at, such a proceeding and no order or decision made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act.

Conflict

   38.  In the event of conflict, this Act and the regulations prevail over the operating agreement and over the Authority’s by-laws and resolutions.

Part III
Responsibility of producers and intermediaries

General

Purpose

   39.  The purpose of this Part is to make producers responsible for waste derived from their products.

Who is producer’s intermediary

   40.  A person or entity is a producer’s intermediary with respect to a designated waste derived from the producer’s product if the following conditions are satisfied:

    1.  The producer obtains waste reduction services for the designated waste by dealing with the person or entity, which brokers, arranges for or facilitates the provision of the waste reduction services.

    2.  The person or entity is owned, operated, controlled or managed, directly or indirectly, by the producer or by the producer together with one or more other producers.

Registration

Producers

   41.  (1)  Every producer shall register in the Registry, in accordance with the regulations, in respect of the producer’s product.

Intermediaries

   (2)  Every person or entity who is a producer’s intermediary shall register in the Registry, in accordance with the regulations, in respect of the producer and in respect of the designated waste derived from the producer’s product.

Municipalities

   (3)  Every municipality that collects a designated waste may register in the Registry, in accordance with the regulations, in respect of that waste.

Same, choice

   (4)  If a municipality that registers under subsection (3) chooses not to make the producer responsible for collection under subsection 44 (2), the municipality shall indicate the fact in the registration.

General requirements for registration

   (5)  A person or other entity that registers under subsection (1), (2) or (3),

  (a)  shall do so in a form required by the Registrar;

  (b)  shall provide the information required by the Registrar; and

   (c)  shall ensure that the registration is updated in accordance with the regulations.

Duties of Producers and Intermediaries

Duties of producers and intermediaries

   42.  (1)  The producer, and the producer’s intermediary if any, shall ensure the following:

    1.  That each waste reduction standard and service standard that relates to a designated waste derived from the producer’s product is complied with.

    2.  That the waste reduction services are provided in accordance with the provisions of the service agreement that are required by subsection 43 (1).

    3.  That any persons or entities other than the producer and intermediary who provide waste reduction services do so in accordance with the waste reduction standards and service standards mentioned in paragraph 1.

Exception, intermediary

   (2)  Paragraph 1 of subsection (1) applies to the intermediary only to the extent provided by the service agreement.

Designated waste in same waste class

   (3)  A duty set out in subsection (1) is sufficiently fulfilled if it is fulfilled with respect to designated wastes in the same waste class as the designated waste derived from the producer’s product.

Service agreement

   43.  (1)  The producer and the producer’s intermediary shall enter into a service agreement that,

  (a)  contains a detailed description of the waste reduction services that the intermediary agrees to broker, arrange for or facilitate the provision of;

  (b)  sets out the respective responsibilities of the producer and the intermediary, in order to ensure that,

           (i)  the provision of waste reduction services complies with this Act, the regulations and any order made under this Act, and

          (ii)  the intermediary causes the provision of waste reduction services to be reviewed and revised appropriately and informs the producer of all revisions;

   (c)  specifies which waste reduction standards and service standards the intermediary is agreeing to meet;

  (d)  sets out the respective responsibilities of the producer and the intermediary in the event a waste reduction standard or a service standard is not met;

  (e)  requires the intermediary to report immediately to the producer,

           (i)  every order made against the intermediary under this Act in respect of non-compliance with a waste reduction standard or service standard, and

          (ii)  every conviction of the intermediary under the Provincial Offences Act in respect of non-compliance with a waste reduction standard or service standard; and

    (f)  includes any other prescribed provisions.

Due diligence of producer

   (2)  The producer shall ensure that the producer’s intermediary carries out its duties under this Act, the regulations and the provisions of the service agreement that are required by subsection (1) in a competent and diligent manner.

Same

   (3)  If the producer discovers that the producer’s intermediary is failing to carry out its duties as described in subsection (2), the producer shall immediately take all reasonable steps to ensure that the waste reduction services are provided in accordance with this Act, the regulations and the provisions of the service agreement that are required by subsection (1).

Producer remains subject to duties

   (4)  For greater certainty, a service agreement under this section does not relieve the producer of,

  (a)  its duties under subsection 42 (1) and under subsections (2) and (3) of this section; or

  (b)  any other duty under this Act or the regulations.

Prohibition

   (5)  The producer’s intermediary shall not broker, arrange for or facilitate the provision of any waste reduction service relating to the designated waste unless the service agreement authorizes the intermediary to do so.

Producers’ Responsibilities to Municipalities

Collection of designated waste and reimbursement of costs

Application

   44.  (1)  This section applies to,

  (a)  a producer from whose product a designated waste is derived; and

  (b)  a municipality that has registered in the Registry with respect to the designated waste.

Duty to collect, exceptions

   (2)  The producer shall collect the designated waste from the municipality, unless one of the following conditions applies:

    1.  The producer and the municipality have agreed otherwise in writing.

    2.  The municipality chooses not to make the producer responsible for collection and has indicated the choice as described in subsection 41 (4).

    3.  An Act or regulation requires the municipality to collect and process the designated waste.

Service agreement

   (3)  If an intermediary of the producer has agreed to fulfil any part of the producer’s duty under subsection (2), the matter must be dealt with in the service agreement required by section 43.

Reimbursement

   (4)  The producer shall pay to the municipality the reimbursable part of the municipality’s costs related to,

  (a)  its collection, handling, transportation and storage of the designated waste; and

  (b)  its processing and disposal of the designated waste, if an Act or regulation requires the municipality to collect and process the designated waste.

Determination of amount

   (5)  The following rules govern the determination of the amount of the payment required by subsection (4):

    1.  The amount shall be determined by agreement between the producer and the municipality.

    2.  If there is no agreement as set out in paragraph 1, the amount shall be determined in accordance with the compensation formula established by the Authority for the designated waste, in accordance with section 45, unless paragraph 3 applies.

    3.  If there is no agreement as set out in paragraph 1, an Act or regulation requires the municipality to collect and process the designated waste and a regulation made under clause 84 (1) (f) applies to the designated waste, the amount shall be determined in accordance with the regulation.

Attempted facilitation by Authority

   (6)  If an issue relating to an agreement described in paragraph 1 of subsection (5) is in dispute between a producer and a municipality, either of them may ask the Authority to facilitate a resolution of the dispute.

Compensation formula

Rules, establishment and publication

   45.  (1)  The following rules apply with respect to the establishment and publication of the compensation formula mentioned in paragraph 2 of subsection 44 (5):

    1.  Before establishing, amending or replacing the formula, the Authority shall engage in public consultation and shall post the proposed new or amended formula on the Registry for public comment for at least 90 days.

    2.  After public consultation and posting under paragraph 1, the Authority shall publish the final version of the new or amended formula on the Registry.

    3.  The formula is not effective until 30 days after its publication under paragraph 2.

    4.  The Authority shall ensure that every formula that has been replaced by a new or amended formula remains available to the public on the Registry.

Rules, content

   (2)  The following rules apply with respect to the content of the compensation formula:

    1.  The formula may apply to one or more designated wastes or waste classes.

    2.  The formula may apply to a particular municipality or to a class of municipalities.

    3.  The formula shall consider the reasonable costs of the municipality or class of municipalities relating to collection, handling, transportation and storage of the waste to which the formula applies, but not costs relating to its processing or disposal.

    4.  If an Act or regulation requires the municipality to collect and process the designated waste, the formula shall consider the reasonable costs of the municipality or class of municipalities relating to the processing and disposal of the waste.  This applies in addition to the requirements of paragraph 3.

    5.  The formula may require that payments be made at specified times.

    6.  The formula may require the payment of interest, penalties or both in the event of late payment.

Legislation Act, 2006, Part III

   (3)  The compensation formula is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Miscellaneous

Reports by producers

   46.  (1)  A producer shall prepare reports relating to the producer’s product and submit them to the Authority, in accordance with the regulations.

Same, s. 50

   (2)  A producer who is exempted from the provisions described in section 50 in respect of a product shall prepare reports relating to the product and submit them to the Authority, in accordance with the regulations.

Reports by intermediaries

   47.  (1)  A person or entity who is a producer’s intermediary shall prepare reports relating to the producer and submit them to the Authority, in accordance with the regulations.

Multiple producers

   (2)  An intermediary’s report may contain information relating to more than one producer.

Reports by municipalities

   48.  A municipality that has registered in the Registry with respect to a designated waste under subsection 41 (3) shall prepare reports relating to the waste and submit them to the Authority, in accordance with the regulations.

Measures to increase public awareness and participation

   49.  Every producer of a product, and every person or entity who is an intermediary of the producer with respect to designated waste derived from the product, shall comply with any requirements for measures to increase public awareness of and public participation in waste reduction activities conducted under this Act and the regulations that are prescribed in respect of the product.

Exception, products sold by Brewers Retail Inc.

   50.  Subject to the regulations, sections 39 to 45, subsection 46 (1) and sections 47 to 49 of this Part do not apply to a producer in respect of a product that is beer within the meaning of the Liquor Licence Act and is sold at a store operated by Brewers Retail Inc. in accordance with clause 3 (1) (e) of the Liquor Control Act.

PART IV
integrated pricing

Purposes

   51.  The purposes of this Part are:

    1.  To promote the reduction of environmental impacts by requiring the integration of the environmental protection costs of products when the products are sold.

    2.  To ensure that purchasers, if the environmental protection costs of products are communicated to them, are provided with accurate information about those costs.

Definitions

   52.  (1)  In this Part,

“advertisement” means anything that shows the price of a product, including invoices, receipts and similar records; (“annonce publicitaire”)

“environmental protection cost”, when used in relation to a product, means a cost,

  (a)  that relates to this Act, the regulations or an order made under this Act, or

  (b)  that otherwise relates to any operations, including collection, handling, transportation, storage, processing and disposal, that are carried out for the management of,

           (i)  designated waste that is derived from the product, or

          (ii)  Part VII designated waste that is derived from the product; (“coût de protection de l’environnement”)

“recovered environmental cost” means an environmental protection cost that is recovered as part of the price of a product; (“coût de protection de l’environnement recouvré”)

“representation” means a representation, claim, statement, offer, request or proposal that is or purports to be made,

  (a)  respecting or with a view to the sale of a product, or

  (b)  for the purpose of receiving payment for a product. (“assertion”)

Example

   (2)  Without limiting the generality of the definition of “recovered environmental cost” in subsection (1), the following are examples of recovered environmental costs:

    1.  An amount that is included in the price of a product to help defray the costs of a private recycling program operated by the seller.

    2.  An amount that is included in the price of a product to reimburse the seller for a fee, cost or charge imposed on a producer or intermediary by the Authority under section 22 or a fee imposed on a steward by an existing industry funding organization under section 112.

Application of Part to products

   53.  This Part applies in respect of,

  (a)  products from which designated wastes are derived; and

  (b)  products from which Part VII designated wastes are derived.

Prices of products and related environmental protection costs

Inclusive price

   54.  (1)  If the seller of a product is recovering, in connection with the sale of the product, any environmental protection costs relating to the product, the seller must include the amount of the environmental protection costs in the price of the product.

Communication of inclusive price

   (2)  A seller who communicates the price of a product in an advertisement must state, in the advertisement, the price including any recovered environmental costs.

Prominence

   (3)  The inclusive price described in subsection (2) must be communicated clearly and in a way that makes it more prominent than any other amounts referred to.

Identification of recovered environmental costs

   (4)  A seller who communicates the amount of recovered environmental costs in an advertisement relating to a product must indicate, in the advertisement, the name and amount of each cost.

Exception

   (5)  Subsections (1) to (4) do not apply in respect of deposits for packaging or containers.

False, misleading or deceptive representation

   55.  No person shall make a false, misleading or deceptive representation in the course of indicating the name and amount of a recovered environmental cost for the purposes of subsection 54 (4).

Part V
ENFORCEMENT

Powers and Duties of Inspectors

Inspection

   56.  (1)  Subject to subsection (2), an inspector may, at any reasonable time,

  (a)  enter any place and conduct an inspection for the purpose of determining any person’s compliance with this Act or the regulations, if the inspector reasonably believes that the place contains documents or data relating to,

           (i)  a designated waste,

          (ii)  a waste reduction standard, a service standard or a requirement that is prescribed under clause 84 (1) (h),

         (iii)  a product from which a designated waste is derived, or

         (iv)  a product in respect of which Part IV (Integrated Pricing) applies; or

  (b)  enter any place and conduct an inspection for the purpose of determining any person’s compliance with this Act or the regulations, if the inspector reasonably believes that an activity is occurring or has occurred at the place that relates to,

           (i)  a designated waste,

          (ii)  a waste reduction standard, a service standard or a requirement that is prescribed under clause 84 (1) (h),

         (iii)  a product from which a designated waste is derived, or

         (iv)  a product in respect of which Part IV (Integrated Pricing) applies.

Same

   (2)  Subsection (1) authorizes an inspector to enter a place only if it is owned or occupied by,

  (a)  a producer;

  (b)  a producer’s intermediary;

   (c)  the seller of a product in respect of which Part IV (Integrated Pricing) applies; or

  (d)  a person who provides waste reduction services.

Entry to dwellings

   (3)  A person shall not exercise a power conferred by this section to enter, without the occupier’s consent, a room that is actually used as a dwelling, except under the authority of an order made under section 59.

Powers during inspection

   (4)  An inspector may do any one or more of the following in the course of entering a place and conducting an inspection:

    1.  Examine, record or copy any form of document or data by any method.

    2.  Make a record of anything by means of a photograph or video recording.

    3.  Require the production of any form of document or data required to be kept under this Act or the regulations and of any form of other document or data related to the purpose of the inspection.

    4.  Remove from the place, for the purpose of making copies, documents or data produced under paragraph 3.

    5.  Make reasonable inquiries of any person, orally or in writing.

    6.  Take samples for analysis.

    7.  Conduct tests or take measurements.

Limitation re photographs, recordings

   (5)  A record made under paragraph 2 of subsection (4) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Limitation re removal of documents

   (6)  An inspector shall not remove documents or data under paragraph 4 of subsection (4) without giving a receipt for them and shall promptly return them to the person who produced them.

Power to exclude persons

   (7)  An inspector who exercises the power set out in paragraph 5 of subsection (4) may exclude any person from the questioning, except counsel for the individual being questioned.

Power to require response to inquiries

   57.  (1)  For the purpose of determining a person’s compliance with this Act or the regulations, an inspector may, at any reasonable time and with any reasonable assistance, require any of the following persons to respond to reasonable inquiries:

    1.  A producer.

    2.  A producer’s intermediary.

    3.  The seller of a product in respect of which Part IV (Integrated Pricing) applies.

    4.  A person who provides waste reduction services.

    5.  An employee or agent of a person described in paragraph 1, 2, 3 or 4.

Same

   (2)  For the purposes of subsection (1), an inspector may make inquiries by telephone or by any other means of communication.

Identification

   58.  On request, an inspector who exercises a power under this Act shall identify himself or herself as an inspector, either by the production of a copy of the certificate of appointment or in some other manner, and shall explain the purpose of the exercise of the power.

Order for entry or inspection

   59.  (1)  A justice may issue an order authorizing an inspector to do anything set out in subsection 56 (1) or (4) if the justice is satisfied, on evidence under oath by an inspector, that there are reasonable grounds to believe,

  (a)  that it is appropriate for the inspector to do anything set out in subsection 56 (1) or (4) for the purpose of determining any person’s compliance with this Act or the regulations; and

  (b)  that the inspector may not be able to carry out his or her duties effectively without an order under this section because,

           (i)  no occupier is present to grant access to a place that is locked or otherwise inaccessible,

          (ii)  a person has prevented or may prevent the inspector from doing anything set out in subsection 56 (1) or (4),

         (iii)  it is impractical, because of the remoteness of the place to be inspected or for any other reason, for an inspector to obtain an order under this section without delay if access is denied, or

         (iv)  an attempt by an inspector to do anything set out in subsection 56 (1) or (4) might not achieve its purpose without the order.

Same

   (2)  Subsections 56 (5) to (7) apply to an inspection under an order under this section.

Expiry

   (3)  Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.

Renewal

   (4)  An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods, each of which is not more than 30 days.

When to be executed

   (5)  Unless the order provides otherwise, everything that an order under this section authorizes must be done between 6 a.m. and 9 p.m.

Application without notice

   (6)  An order under this section may be issued or renewed on application without notice.

Application for dwelling

   (7)  An application for an order under this section authorizing entry to a dwelling shall specifically indicate that the application relates to a dwelling.

Samples and copies

   60.  An inspector may detain copies obtained under section 56 or 59 for any period and for any purpose of this Act or the regulations.

Records

   61.  (1)  Every person who is required under this Act to retain a record shall make it available to an inspector for inspection on his or her request.

Copies or extracts

   (2)  The inspector may, on giving a receipt, remove any record referred to in subsection (1) for the purpose of making copies or extracts and shall promptly return the record.

Records in electronic form

   (3)  If a record is retained in electronic form, the inspector may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both.

Calling for assistance of member of police force

   62.  An inspector who is empowered by this Act or the regulations to do or direct the doing of anything may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render the assistance.

Seizure

Seizure during inspection

   63.  (1)  During an inspection under section 56 or 59, an inspector may, without a warrant or court order, seize any thing that is produced to the inspector or that is in plain view, if the inspector reasonably believes that the thing will afford evidence of an offence under this Act.

Detention or removal, things seized

   (2)  An inspector who seizes any thing under this section may remove the thing or may detain it in the place where it is seized.

Reasons and receipt

   (3)  If possible, the inspector shall inform the person from whom a thing is seized under this section as to the reasons for the seizure and shall give the person a receipt for the thing seized.

Report to justice, things seized

   64.  (1)  An inspector who seizes any thing under section 63 shall bring the thing before a justice or, if that is not reasonably possible, shall report the seizure to a justice.

Application of Provincial Offences Act

   (2)  Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under section 63.

Compliance Orders

Order by inspector: contraventions of Act and regulations

   65.  (1)  An inspector may issue an order to any of the following persons that the inspector reasonably believes is contravening or has contravened this Act or the regulations:

    1.  A producer.

    2.  A producer’s intermediary.

    3.  The seller of a product in respect of which Part IV (Integrated Pricing) applies.

Information to be included in order

   (2)  The order shall,

  (a)  specify the provision of this Act or the regulations that the inspector believes is being or has been contravened;

  (b)  briefly describe the nature and, where applicable, the location of the contravention; and

   (c)  state that a review of the order may be requested in accordance with section 66.

What order may require

   (3)  The order may require the producer, intermediary or seller to whom it is directed to comply with any directions set out in the order within the time specified, relating to,

  (a)  achieving compliance with a waste reduction standard or a service standard;

  (b)  preventing the continuation or repetition of the contravention;

   (c)  submitting a plan prepared by or on behalf of the person for achieving compliance with a provision of this Act or the regulations to the inspector’s satisfaction;

  (d)  engaging contractors or consultants satisfactory to an inspector to prepare a plan or carry out work required by the order;

  (e)  sampling, testing, monitoring and reporting with respect to any designated waste; or

    (f)  posting notice of the order.

Consequential authority

   (4)  The authority to make an order under this section includes the authority to require the person to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order.

Request for review, orders under s. 65

   66.  (1)  A person to whom an order under section 65 is directed may, within seven days after being served with a copy of the order, request that the Registrar review the order.

Exception

   (2)  If the order under section 65 was made by an inspector who is also the Registrar or a Deputy Registrar, subsection (1) does not apply and section 69 applies instead.

Manner of making request

   (3)  The request may be made orally, with written confirmation served on the Registrar within the time specified in subsection (1), or in writing.

Contents of request for review

   (4)  A written request for review under subsection (1) or a written confirmation of an oral request under subsection (3) shall include,

  (a)  the portions of the order in respect of which the review is requested;

  (b)  any submissions that the person requesting the review wishes the Registrar to consider; and

   (c)  for the purpose of subsection (8), an address that may be used for service in accordance with section 78.

No automatic stay

   (5)  The request for review does not stay the order, unless the Registrar orders otherwise in writing.

Decision of Registrar

   (6)  On receiving a request for review, the Registrar may,

  (a)  revoke the inspector’s order; or

  (b)  by order directed to the person requesting the review, confirm or amend the inspector’s order.

Same

   (7)  For the purposes of subsection (6), the Registrar may substitute his or her own opinion for that of the inspector.

Notice of decision

   (8)  The Registrar shall serve the person requesting the review with a copy of,

  (a)  a decision to revoke the inspector’s order; or

  (b)  an order to confirm or amend the inspector’s order, together with reasons.

Automatic confirmation of order

   (9)  If, within seven days after receiving a written request for review or a written confirmation of an oral request for review, the Registrar does not deal with the matter under subsection (6) and give notice under subsection (8), the order in respect of which the review is sought is deemed to have been confirmed by order of the Registrar.

Same

   (10)  For the purpose of section 69 and a hearing required under that section, a confirming order deemed to have been made by the Registrar under subsection (9),

  (a)  is deemed to be directed to each person to whom the inspector’s order was directed; and

  (b)  is deemed to have been served, on each person to whom the inspector’s order was directed, at the expiry of the time period referred to in subsection (9). 

Same

   (11)  Subsections (9) and (10) do not apply if, within seven days after receiving the request for review, the Registrar stays the order under subsection (5) and gives the person requesting the review written notice that the Registrar requires additional time to make a decision under subsection (6).

Administrative Penalties

Administrative penalties

   67.  (1)  The purpose of an administrative penalty imposed under this section is,

  (a)  to ensure compliance with this Act and the regulations; or

  (b)  to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or of the regulations.

Order by Registrar or Deputy Registrar

   (2)  The Registrar or a Deputy Registrar may, subject to the regulations, issue an order requiring a person described in subsection (3) to pay an administrative penalty to the Authority if the Registrar or Deputy Registrar is of the opinion that the person has contravened,

  (a)  subsection 22 (4);

  (b)  subsection 41 (1), (2) or (5);

   (c)  subsection 44 (2) or (4);

  (d)  subsection 46 (1) or (2) or subsection 47 (1);

  (e)  subsection 54 (1), (2), (3) or (4); or

    (f)  any other provision of this Act or the regulations that is prescribed for the purposes of this section.

Same

   (3)  An order may be issued under subsection (2) to,

  (a)  a producer;

  (b)  a producer’s intermediary; or

   (c)  the seller of a product in respect of which Part IV (Integrated Pricing) applies.

Limitation

   (4)  An order mentioned in subsection (2) shall be served not later than one year after the day on which evidence of the contravention first came to an inspector’s attention.

Orders not to be issued to employees, officers, directors or agents

   (5)  If a person who is required to comply with a provision of this Act or of the regulations is a corporation, an order under subsection (2) shall not be issued to an employee, officer, director or agent of the corporation.

Amount of penalty

   (6)  The amount of the administrative penalty for each day or part of a day on which a contravention occurred or continues to occur shall be determined by the Registrar or a Deputy Registrar in accordance with the regulations.

Total penalty

   (7)  The amount of the administrative penalty shall not exceed $100,000 for each contravention.

Contents of notice

   (8)  An order mentioned in subsection (2) shall be served on the person who is required to pay the administrative penalty and shall,

  (a)  contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention;

  (b)  specify the amount of the penalty;

   (c)  give particulars respecting the time for paying the penalty and the manner of payment; and

  (d)  provide details of the person’s right to require a hearing under section 69.

Absolute liability

   (9)  A requirement that a person pay an administrative penalty applies even if,

  (a)  the person took all reasonable steps to prevent the contravention; or

  (b)  at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.

Same

   (10)  For greater certainty, nothing in subsection (9) affects the prosecution of an offence.

Payment prevents conviction

   (11)  A person who pays an administrative penalty in respect of a contravention and has remedied the contravention shall not be convicted of an offence under this Act in respect of the same contravention.

Failure to pay administrative penalty when required

   68.  (1)  If a person who is required to pay an administrative penalty fails to comply with the requirement, the Authority may file the order that requires payment with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court.

Same

   (2)  Section 129 of the Courts of Justice Act applies in respect of an order filed under subsection (1) and, for that purpose, the date on which the order is filed is deemed to be the date of the order that is referred to in that section.

Appeals

Appeal of order

   69.  (1)  A person to whom an order of the Registrar or a Deputy Registrar is directed under section 65 or 67 may require a hearing by the Tribunal, by written notice served on the Registrar or Deputy Registrar, as the case may be, and the Tribunal within 15 days after the person is served with a copy of the order.

Same

   (2)  Subsection (1) also applies with respect to an order under section 65 if it was made by an inspector who is also the Registrar or a Deputy Registrar.

Failure or refusal to issue, etc., order

   (3)  Failure or refusal to issue, amend, vary or revoke an order is not itself an order. 

Extension of time for requiring hearing

   70.  The Tribunal shall extend the time in which a person may give a notice under section 69 requiring a hearing on an order if, in the Tribunal’s opinion, it is just to do so because service of the order was not effective to bring the order to the person’s attention.

Contents of notice requiring hearing

   71.  (1)  An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

  (a)  the portions of the order in respect of which the hearing is required; and

  (b)  the grounds on which the applicant intends to rely at the hearing.

Effect of contents of notice

   (2)  Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the order, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing.

Leave by Tribunal

   (3)  The Tribunal may grant the leave referred to in subsection (2) if the Tribunal is of the opinion that to do so is proper in the circumstances, and it may give such directions as it considers proper consequent on the granting of the leave.

Stay on appeal

   72.  (1)  The commencement of a proceeding before the Tribunal stays the operation of an order under section 67.

Exception

   (2)  Despite subsection (1), the commencement of a proceeding before the Tribunal does not stay the operation of an order that meets the prescribed criteria.

Tribunal may grant stay

   (3)  The Tribunal may, on the application of a party to a proceeding before it, stay the operation of an order described in subsection (2).

Right to apply to remove stay: new circumstances

   (4)  A party to a proceeding may apply for the removal of a stay that was granted under subsection (3) if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.

Right to apply to remove stay: new party

   (5)  A person who is made a party to a proceeding after a stay is granted under subsection (3) may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.

Parties

   73.  The following persons are parties to the proceeding:

    1.  The person requiring the hearing.

    2.  The Registrar, if he or she made the order being appealed.

    3.  A Deputy Registrar, if he or she made the order being appealed.

    4.  Any other person specified by the Tribunal.

Powers of Tribunal

   74.  (1)  A hearing by the Tribunal shall be a new hearing and the Tribunal may confirm, vary or revoke the order that is the subject matter of the hearing and may by order direct the Registrar or Deputy Registrar, as the case may be, to take such action as the Tribunal considers he or she should take in accordance with this Act and the regulations.

Same

   (2)  For the purposes of subsection (1), the Tribunal may substitute its opinion for that of the Registrar or Deputy Registrar, except that if the hearing relates to an order to pay a penalty imposed under section 67, the Tribunal shall not substitute its opinion for that of the Registrar or Deputy Registrar with respect to the amount of the penalty unless it considers the amount to be unreasonable.

Appeals from Tribunal

   75.  (1)  Any party to a hearing before the Tribunal under this Act may appeal from its decision on a question of law to the Divisional Court in accordance with the rules of court.

Decision of Tribunal not automatically stayed on appeal

   (2)  An appeal of a decision of the Tribunal to the Divisional Court under this section does not stay the operation of the decision, unless the Tribunal orders otherwise.

Divisional Court may grant or set aside stay

   (3)  If a decision of the Tribunal is appealed to the Divisional Court under this section, the Divisional Court may,

  (a)  stay the operation of the decision; or

  (b)  set aside a stay ordered by the Tribunal under subsection (2).

Offences

Offences

Producers, intermediaries and sellers

   76.  (1)  Any of the following persons who contravenes a provision of this Act that is listed in subsection (2) or a provision of the regulations that is prescribed for the purposes of this subsection is guilty of an offence:

    1.  A producer.

    2.  A producer’s intermediary.

    3.  The seller of a product in respect of which Part IV (Integrated Pricing) applies.

List

   (2)  The following provisions are listed for the purposes of subsection (1):

    1.  Subsection 22 (4).

    2.  Subsections 41 (1) and (2).

    3.  Paragraphs 1, 2 and 3 of subsection 42 (1).

    4.  Subsections 44 (2) and (4).

    5.  Subsections 46 (1) and (2) and subsection 47 (1).

    6.  Section 49.

    7.  Subsections 54 (1), (2), (3) and (4).

    8.  Section 55.

    9.  Subsection 65 (3).

  10.  Section 77.

Same, Authority

   (3)  If the Authority knowingly contravenes a provision of this Act that is listed in subsection (4) or a provision of the regulations that is prescribed for the purposes of this subsection, it is guilty of an offence.

List

   (4)  The following provisions are listed for the purposes of subsection (3):

    1.  Subsection 13 (2).

    2.  Subsections 15 (2), (3) and (4).

    3.  Section 11.2 of the Auditor General Act, as incorporated with necessary modifications by subsection 25 (3).

Penalty, individual

   (5)  An individual who is guilty of an offence under this section is liable, on conviction,

  (a)  in the case of a first conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; and

  (b)  in the case of a subsequent conviction, to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.

Same, corporation

   (6)  A corporation that is guilty of an offence under this section is liable, on conviction,

  (a)  in the case of a first conviction, to a fine of not more than $250,000 for each day or part of a day on which the offence occurs or continues; and

  (b)  in the case of a subsequent conviction, to a fine of not more than $500,000 for each day or part of a day on which the offence occurs or continues.

Directors, officers, employees and agents

   (7)  If a corporation commits an offence under this section, a director, officer, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or failed to take all reasonable care to prevent the commission of the offence, or who participated in the commission of the offence, is also guilty of the offence, whether the corporation has been prosecuted for the offence or not.

Penalty re monetary benefit

   (8)  The court that convicts a person of an offence under this section, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine provided in subsection (5) or (6).

Additional orders

   (9)  The court that convicts a person under this section may, on its own initiative or on the motion of counsel for the prosecutor, make one or more of the following orders:

    1.  An order requiring the person, within the period or periods specified in the order, to do or refrain from doing anything specified in the order.

    2.  An order imposing requirements that the court considers appropriate to prevent similar unlawful conduct or to contribute to the person’s rehabilitation.

    3.  An order prohibiting the continuation or repetition of the offence by the person.

Other remedies and penalties preserved

   (10)  Subsection (9) is in addition to any other remedy or penalty provided by law.

Limitation

   (11)  A proceeding under this section against a person described in subsection (1) shall not be commenced more than two years after the later of the following days:

    1.  The day on which the offence was committed.

    2.  The day on which evidence of the offence first came to the attention of the Authority or an employee or agent of the Authority.

Same, Authority

   (12)  A proceeding under this section against the Authority, or against a member of the board of directors, an officer, employee or agent of the Authority in connection with an offence committed by the Authority, shall not be commenced more than two years after the later of the following days:

    1.  The day on which the offence was committed.

    2.  The day on which evidence of the offence first came to the attention of a public servant employed under Part III of the Public Service of Ontario Act, 2006.

Obstruction, etc.

   77.  (1)  No person shall hinder or obstruct an employee or agent of the Authority in the performance of his or her duties under this Act.

False information

   (2)  No person shall orally, in writing or electronically give or submit false or misleading information in any statement, document or data in respect of any matter related to this Act or the regulations to,

  (a)  an inspector, the Registrar, a Deputy Registrar or any other employee or agent of the Authority;

  (b)  any other person exercising the powers of the Registrar, a Deputy Registrar or an inspector under this Act, including a person appointed under the Regulatory Modernization Act, 2007;

   (c)  a person or entity required to carry out a review under subclause 13 (1) (b) (ii);

  (d)  an administrator appointed under section 34.

Same

   (3)  No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act.

Refusal to provide information

   (4)  No person shall refuse to provide information required for the purposes of this Act and the regulations to,

  (a)  an inspector, the Registrar, a Deputy Registrar or any other employee or agent of the Authority;

  (b)  any other person exercising the powers of the Registrar, a Deputy Registrar or an inspector under this Act, including a person appointed under the Regulatory Modernization Act, 2007;

   (c)  a person or entity required to carry out a review under subclause 13 (1) (b) (ii);

  (d)  an administrator appointed under section 34.

Miscellaneous

Giving or serving a document

   78.  (1)  Any notice, order or other document that is required to be given or served on a person under this Act is sufficiently given or served if it is,

  (a)  delivered directly to the person;

  (b)  left at the person’s last known address, in a place that appears to be for incoming mail or with an individual who appears to be 16 years old or older;

   (c)  sent by regular mail to the person’s last known address;

  (d)  sent by commercial courier to the person’s last known address;

  (e)  sent by email to the person’s last known email address;

    (f)  sent by fax to the person’s last known fax number; or

  (g)  given by other means specified by the regulations.

Deemed receipt

   (2)  Subject to subsection (4),

  (a)  a document left under clause (1) (b) is deemed to have been received on the first business day after the day it was left;

  (b)  a document sent under clause (1) (c) is deemed to have been received on the fifth business day after the day it was mailed;

   (c)  a document sent under clause (1) (d) is deemed to have been received on the second business day after the day the commercial courier received it;

  (d)  a document sent under clause (1) (e) or (f) is deemed to have been received on the first business day after the day it was sent; and

  (e)  a document given under clause (1) (g) is deemed to have been received on the day specified by the regulations.

Definition

   (3)  In subsection (2),

“business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006.

Failure to receive document

   (4)  Subsection (2) does not apply if the person establishes that he or she, acting in good faith, did not receive the document or received it on a later date because of a reason beyond the person’s control, including absence, accident or illness.

Proof

Office and signature

   79.  (1)  A document that purports to be signed by the Registrar, a Deputy Registrar or an inspector, or a certified copy of a document that purports to be signed by any of them, is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document was signed by the Registrar, a Deputy Registrar or an inspector, as the case may be, without proof of the person’s office or signature.

Same, statement

   (2)  A statement that purports to be certified by the Registrar, a Deputy Registrar or an inspector is, without proof of the person’s office or signature, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it in relation to,

  (a)  the receipt or non-receipt of any document required or permitted to be given to the Registrar, Deputy Registrar or inspector;

  (b)  the day on which evidence of an offence under this Act first came to the attention of the Authority or an employee or agent of the Authority.

Part VI
Regulations

General

Regulations, Lieutenant Governor in Council

   80.  (1)  The Lieutenant Governor in Council  may make regulations,

  (a)  prescribing anything that this Act refers to as being prescribed;

  (b)  subject to any prescribed conditions or restrictions, exempting any person, thing or class of persons or things from the application of any provision of this Act or the regulations;

   (c)  defining any word or expression used in this Act that is not already defined;

  (d)  requiring persons to create, retain and store documents, data and other records for the purposes of this Act, and governing the creation, retention and storage of those records;

  (e)  requiring persons to submit documents, data and other records required to be created, retained and stored by a regulation made under clause (d) to the Authority and governing the submission of those records;

    (f)  requiring information set out in a report submitted under section 46, 47 or 48 or in documents, data and other records required to be submitted by a regulation made under clause (e) to be audited or certified in the prescribed manner by a qualified person;

  (g)  for the purposes of a regulation made under clause (f),

           (i)  prescribing the qualifications of qualified persons, including requiring approval of qualified persons by a person or body specified in the regulations, and governing the approval process and the terms and conditions that may be imposed when issuing or amending an approval,

          (ii)  governing the payment of fees in respect of any approval required by a regulation made under subclause (i),

         (iii)  providing for and governing the revocation or suspension, by a person or body specified in the regulations, of any approval required by a regulation made under subclause (i), and providing for and governing appeals to a person or body specified in the regulations of decisions to revoke or suspend an approval,

         (iv)  requiring qualified persons to carry insurance specified in the regulations,

          (v)  authorizing a person or body specified in the regulations to prescribe, govern, provide for or require anything that may be prescribed, governed, provided for or required under subclauses (i) to (iv);

   (h)  providing for transitional matters that arise out of the enactment of this Act and the repeal of the Waste Diversion Act, 2002;

    (i)  respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of this Act.

Conflict

   (2)  A regulation made under clause (1) (h) prevails over any provision of this Act or of any other Act or regulation that is specified in the regulation.

Rolling incorporation by reference

   81.  (1)  A regulation may adopt by reference and require compliance with a document as it may be amended from time to time.

When amendment effective

   (2)  The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry of the Environment publishing notice of the amendment in The Ontario Gazette or in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993

Regulations Relating to Part II

Regulations, Lieutenant Governor in Council

   82.  The Lieutenant Governor in Council  may make regulations,

  (a)  prescribing additional duties and powers of the Authority related to waste for the purposes of clause 7 (i);

  (b)  limiting the capacity, rights, powers or privileges of the Authority for the purposes of subsection 15 (1);

   (c)  governing the establishment of subsidiary corporations of the Authority, including,

           (i)  specifying the objects, powers and duties of subsidiary corporations,

          (ii)  providing for their management, and

         (iii)  prescribing provisions of this Act and the regulations that apply, with prescribed modifications, to subsidiary corporations;

  (d)  prescribing, for the purposes of subsection 15 (3), commercial activities that the Authority may engage in through an individual, corporation or other entity that is related to the Authority;

  (e)  defining “related to the Authority” for the purposes of subsection 15 (3);

    (f)  governing the establishment, maintenance and operation of the Registry, including requiring electronic registrations;

  (g)  governing the posting of confidential information on the Registry;

   (h)  governing registrations and procedures for registering, which may include designating a person responsible for establishing procedures;

    (i)  governing the maintenance of registrations and prescribing any information, reports, records or documents to be included in registrations;

    (j)  prescribing the timing and requirements relating to periodic updating of registrations;

   (k)  prescribing other purposes for the Registry, for the purposes of paragraph 7 of subsection 32 (2);

    (l)  prescribing further circumstances, for the purposes of clause 37 (2) (h).

Regulations, Minister

   83.  The Minister may make regulations,

  (a)  prescribing the procedures for the appointment or election of members of the board under paragraph 2 of subsection 8 (2);

  (b)  prescribing the maximum number of members to be appointed under paragraph 1 of subsection 8 (2);

   (c)  prescribing the maximum number of members to be appointed under paragraph 2 of subsection 8 (2), which must always be greater than the maximum number prescribed under clause (b);

  (d)  prescribing qualifications of and eligibility criteria for members;

  (e)  prescribing restrictions on the length of terms of members and on their reappointment or re-election;

    (f)  prescribing the number of members that constitutes a quorum for the purposes of subsection 8 (11);

  (g)  prescribing provisions of the Corporations Act and the Corporations Information Act that apply to the Authority.

Regulations Relating to Part III

Regulations, Lieutenant Governor in Council

   84.  (1)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing a material as a designated waste;

  (b)  prescribing classes of designated waste;

   (c)  prescribing a person as a producer with respect to a product from which a designated waste is derived, if the conditions set out in subsection (3) are satisfied;

  (d)  prescribing activities for the purpose of subparagraph 1 v of subsection (3) and requirements for the purpose of paragraph 2 of subsection (3);

  (e)  prescribing, for the purposes of section 42,

           (i)  requirements, prohibitions or both that relate to the collection, reduction, reuse, recycling or disposal of a designated waste, and

          (ii)  requirements, prohibitions or both that relate to steps to be taken for the purpose of collecting a designated waste;

    (f)  prescribing a compensation formula for a designated waste, for the purposes of paragraph 3 of subsection 44 (5), if the conditions set out in subsection (6) are satisfied;

  (g)  governing, for the purposes of paragraph 1 of subsection 45 (1), public consultation by the Authority with respect to the compensation formula mentioned in paragraph 2 of subsection 44 (5);

   (h)  prescribing, for the purposes of section 49, in respect of a product from which a designated waste is derived, requirements for measures to increase public awareness of and public participation in waste reduction activities conducted under this Act and the regulations;

    (i)  prescribing, for the purposes of clause 43 (1) (f), other provisions to be included in service agreements;

    (j)  governing the reports required by sections 46, 47 and 48;

   (k)  providing, for the purposes of section 50, that one or more of the provisions of Part III referred to in that section apply to a producer.

Designated waste — products, containers and packaging

   (2)  A regulation made under clause (1) (a) may prescribe any one or any combination of the following:

    1.  A product or any part of a product.

    2.  A container in which a product is supplied.

    3.  Packaging in which a product is supplied.

Producers, conditions

   (3)  The conditions mentioned in clause (1) (c) are:

    1.  The person,

            i.  manufactures the product under a brand that the person owns, licences or otherwise has rights to,

           ii.  sells the product to a person in Ontario,

          iii.  imports the product into Ontario,

          iv.  owns, licences or otherwise has rights to the brand under which the product is supplied, or

           v.  otherwise has a commercial connection to the product and engages in a prescribed activity with respect to the product.

    2.  The person meets the prescribed requirements. 

Supplied or imported

   (4)  For the purposes of subparagraphs 1 ii and iii of subsection (3), a product is not considered to have been sold to a person in or imported into Ontario if it is exported out of Ontario without having been sold to an end user there.

Same

   (5)  A individual who purchases a product for his or her own personal, family or household use does not import it for the purposes of subparagraph 1 iii of subsection (3).

Compensation formula, conditions

   (6)  The conditions mentioned in clause (1) (f) are:

    1.  An Act or regulation requires the municipality to collect and process the designated waste.

    2.  In the opinion of the Lieutenant Governor in Council, it is in the public interest to prescribe the compensation formula.

Regulations Relating to Part V

Regulations, Lieutenant Governor in Council

   85.  The Lieutenant Governor in Council may make regulations,

  (a)  specifying the form of orders under section 65;

  (b)  specifying types of contraventions or circumstances in respect of which an order may not be issued under section 65;

   (c)  specifying the form and content of orders under section 67;

  (d)  prescribing provisions of this Act or the regulations for the purposes of clause 67 (2) (f);

  (e)  governing the determination of the amount of administrative penalties for the purposes of subsection 67 (6);

    (f)  prescribing circumstances in which a person is not required to pay an administrative penalty imposed under section 67;

  (g)  prescribing procedures related to administrative penalties imposed under section 67;

   (h)  respecting any other matter necessary for the administration of the system of administrative penalties provided for by section 67;

    (i)  prescribing criteria for the purposes of subsection 72 (2);

    (j)  prescribing provisions of the regulations,

           (i)  for the purposes of subsection 76 (1),

          (ii)  for the purposes of subsection 76 (3);

   (k)  specifying other means of giving a document for the purposes of clause 78 (1) (g), and specifying the day on which a document given by those means is deemed to have been received.

Part VII
Existing Waste Diversion Programs and Existing Industry Funding Organizations

General

Purpose of Part VII

   86.  The purpose of this Part is to promote the reduction, reuse and recycling of Part VII designated waste and to provide for the operation of existing waste diversion programs.

Definitions

   87.  (1)  In this Part,

“blue box waste” means material prescribed as blue box waste by the Part VII regulations; (“déchet destiné à la boîte bleue”)

“existing agreement” means an agreement continued under subsection 90 (2), and includes any changes made to the agreement under section 91 or 92; (“accord existant”)

“existing industry funding organization” means an industry funding organization continued under section 94; (“organisme de financement industriel existant”)

“existing waste diversion program” means a waste diversion program continued under subsection 90 (1), and includes any changes made to the program under section 91 or 92; (“programme existant de réacheminement des déchets”)

“old Act” means the Waste Diversion Act, 2002; (“ancienne loi”)

“Part VII designated waste” means blue box waste or material prescribed as a designated waste by the Part VII regulations; (“déchet désigné de la partie VII”)

“Part VII regulations” means the regulations made under this Part; (“règlements de la partie VII”)

“rules” means the rules made by an existing industry funding organization under this Part or the rules continued under section 111. (“règles”)

Part VII regulations in respect of rule matters

   (2)  A reference in this Part to rules made by an existing industry funding organization is deemed to include a reference to the Part VII regulations authorized under subsection 126 (3).

Part VII objects of Authority

   88.  For the purposes of this Part, the Authority shall,

  (a)  operate existing waste diversion programs in accordance with this Part and monitor the effectiveness and efficiency of those programs;

  (b)  seek to enhance public awareness of and participation in existing waste diversion programs;

   (c)  seek to ensure that existing waste diversion programs affect Ontario’s marketplace in a fair manner;

  (d)  determine the amount of money required by the Authority and the existing industry funding organizations to carry out their responsibilities under this Part;

  (e)  establish a dispute resolution process for,

           (i)  disputes between an existing industry funding organization and a municipality with respect to payments to the municipality under an existing waste diversion program, and

          (ii)  disputes between an existing industry funding organization and a person with respect to the person’s obligations under section 112 or the person’s obligations under the rules made by the organization under section 110;

    (f)  maintain a list of plans approved under section 115 or under section 34 of the old Act and ensure that the list is made available to the public;

  (g)  monitor the effectiveness of plans approved under section 115 or under section 34 of the old Act.

Annual report

   89.  (1)  The Authority shall, not later than June 1 in each year,

  (a)  prepare a report in accordance with this section on its activities under this Part during the previous year; and

  (b)  provide a copy of the report to the Minister and make the report available to the public on the Registry. 

Contents

   (2)  The report shall include the following:

    1.  Information about existing waste diversion programs operated under this Part during the previous year.

    2.  A description of the consultation undertaken by the Authority during the previous year under subsection 109 (2) and a summary of the results of the consultation.

    3.  A copy of every report provided to the Authority by an existing industry funding organization under section 114 in respect of the previous year.

    4.  Information about plans approved by the Authority under section 115 or under section 34 of the old Act during the previous year, including a copy of every report provided to the Authority under subsection 115 (6) in respect of the previous year. 

Signature

   (3)  The report shall be signed by the chair of the board of directors. 

Existing Waste Diversion Programs

Existing waste diversion programs continued

   90.  (1)  The following waste diversion programs, which were approved under section 26 of the old Act and that were in operation immediately before the day this subsection comes into force, are continued:

    1.  The waste diversion program for blue box waste.

    2.  The waste diversion program for municipal hazardous or special waste.

    3.  The waste diversion program for used tires.

    4.  The waste diversion program for waste electrical and electronic equipment.

Existing agreements continued

   (2)  For greater certainty, the agreements between the Authority and the existing industry funding organizations that were entered into under subsection 25 (3) of the old Act and that form part of the existing waste diversion programs are also continued.

Availability to public

   (3)  The Authority shall ensure that the existing agreements are available to the public on the Registry.

Material change to existing waste diversion program

   91.  (1)  A material change may be made to an existing waste diversion program, including an existing agreement, only after the requirements under this section are complied with and the approval of the Minister is obtained.

Co-operation

   (2)  The Authority shall develop any material change to an existing waste diversion program or an existing agreement in co-operation with the existing industry funding organization.

Consultation

   (3)  In developing the material change, the Authority and the existing industry funding organization shall consult with persons they consider likely to be affected by the change, including members of the public.

Submission to Minister for approval

   (4)  The Authority shall submit the material change to the Minister for his or her approval, together with any information about the program and the material change that the Minister may require.

Decision of Minister

   (5)  The Minister shall decide whether to approve or not to approve the material change and shall give the decision in writing.

Application of Environmental Bill of Rights, 1993

   (6)  Section 16 of the Environmental Bill of Rights, 1993, and the other provisions of that Act that apply to proposals for regulations, apply with necessary modifications to a material change to an existing waste diversion program or an existing agreement under consideration by the Minister under this section and, for that purpose, the material change is deemed to be a proposal under consideration by the Ministry for a regulation under a prescribed Act.

Change to existing waste diversion program, required by Minister

   92.  (1)  The Minister may require the Authority to develop a change to an existing waste diversion program, including an existing agreement.

Same

   (2)  If the Minister requires the Authority to develop a change to an existing waste diversion program or an existing agreement, subsections 91 (2) to (6) apply, with necessary modifications, to the Authority and to the existing industry funding organization.

Contents of existing waste diversion program

   93.  (1)  An existing waste diversion program for a Part VII designated waste may deal with the following:

    1.  Activities to reduce, reuse and recycle the waste.

    2.  Research and development activities relating to the management of the waste.

    3.  Activities to develop and promote products that result from the existing waste diversion program.

    4.  Educational and public awareness activities to support the existing waste diversion program.

Same

   (2)  An existing waste diversion program for a Part VII designated waste shall not promote any of the following:

    1.  The burning of the waste.

    2.  The landfilling of the waste.

    3.  The application of the waste to land.

    4.  Any activity prescribed by the Part VII regulations.

Blue box program payments to municipalities

   (3)  The existing waste diversion program for blue box waste must continue to provide for payments to municipalities to be determined in a manner that results in the total amount paid to all municipalities under the program being equal to the applicable percentage of the total net costs incurred by those municipalities as a result of the program.

Same

   (4)  For the purposes of subsection (3), the applicable percentage is 50 per cent or such greater percentage as is prescribed by the Part VII regulations for the purposes of this subsection.

Existing Industry Funding Organizations

Industry funding organizations may be continued

   94.  An industry funding organization under the old Act may be continued and designated by the Part VII regulations as the existing industry funding organization for an existing waste diversion program.

Composition

   95.  An existing industry funding organization is composed of the members of its board of directors.

Management

   96.  An existing industry funding organization shall be managed by its board of directors. 

Chair

   97.  The chair of the board of directors shall be designated by the board of directors from among its members. 

Quorum

   98.  Two-thirds of the members of the board of directors constitutes a quorum for the transaction of business, unless otherwise provided by the by-laws made under section 100. 

Voting

   99.  (1)  Decisions of the board of directors shall be determined by majority vote. 

One vote per member

   (2)  Subject to subsection (3), each member of the board of directors is entitled to one vote. 

Tie vote

   (3)  In the event of a tie vote, the chair is entitled to cast a second vote. 

By-laws

   100.  (1)  The board of directors may pass by-laws,

  (a)  regulating its proceedings, specifying the powers and duties of the officers and employees of the existing industry funding organization and generally for the conduct and management of the organization;

  (b)  respecting the appointment of officers and employees of the existing industry funding organization and providing for payment of their remuneration and reimbursement of their expenses; and

   (c)  providing for reimbursement of the expenses of the members of the board of directors.

Subcommittees

   (2)  The by-laws may authorize the establishment of subcommittees of the board of directors and may authorize a subcommittee to include persons who are not members of the board. 

Remuneration and expenses

   101.  The members of the board of directors are not entitled to any remuneration, but may be reimbursed for expenses in accordance with the by-laws made under section 100. 

Corporations Act and Corporations Information Act

   102.  The Corporations Act and the Corporations Information Act do not apply to an existing industry funding organization, except as provided by the Part VII regulations. 

Capacity and powers

   103.  An existing industry funding organization has all the capacity and powers of a natural person for the purpose of carrying out its responsibilities, except as otherwise provided by this Act. 

Not a Crown agent

   104.  An existing industry funding organization is not an agent of the Crown in right of Ontario for any purpose, despite the Crown Agency Act, and shall not hold itself out as such. 

Protection from liability:  Crown

   105.  No action or other proceeding shall be commenced against the Crown in right of Ontario in respect of any act or omission of an existing industry funding organization, any member of its board of directors, or any of its officers, employees or agents. 

Protection from liability:  directors, etc.

   106.  (1)  No action or other proceeding shall be commenced against a member of the board of directors of an existing industry funding organization or any officer or employee of an existing industry funding organization for any act done in good faith and in a reasonable manner in the performance or intended performance of his or her duties or for any neglect or default in the performance in good faith of his or her duties. 

Same

   (2)  Subsection (1) does not relieve an existing industry funding organization of any liability to which it would otherwise be subject. 

Fiscal year

   107.  The fiscal year of an existing industry funding organization is the period from January 1 to December 31 in each year. 

Auditor

   108.  (1)  Each existing industry funding organization shall appoint an independent auditor who is licensed or holds a certificate of authorization in accordance with the Public Accounting Act, 2004.

Annual audit

   (2)  The auditor shall, for each fiscal year, audit the accounts and financial transactions of the existing industry funding organization and shall prepare a report on each audit. 

Operation of program

   109.  (1)  The Authority and the existing industry funding organization for an existing waste diversion program shall operate the program in accordance with the existing agreement.

Consultation

   (2)  In operating the program, the Authority and the existing industry funding organization shall consult with persons they consider to be affected by the program, including members of the public.

Rules relating to stewards

   110.  (1)  The existing industry funding organization for an existing waste diversion program may make rules,

  (a)  designating persons or classes of persons as stewards in respect of the Part VII designated waste to which the program applies;

  (b)  setting the amount of the fees to be paid by stewards under subsection 112 (1) or prescribing methods for determining the amount of the fees;

   (c)  prescribing the times when fees are payable under subsection 112 (1);

  (d)  requiring the payment of interest or penalties on fees that are not paid in accordance with subsection 112 (1);

  (e)  exempting stewards or classes of stewards from subsection 112 (1), subject to such conditions and restrictions as may be prescribed by the rules;

    (f)  requiring stewards to keep records prescribed by the rules and governing the submission of those records to persons specified by the rules and the inspection of those records by persons specified by the rules;

  (g)  requiring stewards to provide reports and other information to persons specified by the rules.

Stewards

   (2)  A rule made under clause (1) (a) shall not designate a person as a steward in respect of a Part VII designated waste unless the person has a commercial connection to the waste or to a product from which the waste is derived.

Fees

   (3)  In making rules under clause (1) (b), the existing industry funding organization shall have regard to the following principles:

    1.  The total amount of fees paid by stewards under subsection 112 (1) should not exceed the sum of the following amounts:

            i.  The costs of operating the program.

           ii.  The costs of winding up the program.

          iii.  The costs of winding up the organization.

          iv.  A reasonable share of costs not referred to in subparagraph i, ii or iii that are incurred by the Authority in carrying out its objects under this Part.

           v.  A reasonable share of costs incurred by the Ministry in administering this Part.

    2.  The fee paid by a steward should fairly reflect the proportion of the sum referred to in paragraph 1 that is attributable to the steward.

Rule must be set out in program agreement

   (4)  A rule made under this section is not valid unless the wording of the rule is set out in the existing agreement.

General or particular

   (5)  A rule made under this section may be general or particular in its application.

Publication

   (6)  The existing industry funding organization shall ensure that every rule made under this section is available to the public without charge on the Internet.

Same

   (7)  The existing industry funding organization shall provide a copy of a rule made under this section to every person who requests a copy and may charge the person a reasonable fee for the copy.

Limitation

   (8)  A rule made under this section is not effective against a person before the earlier of the following times:

    1.  When the person has actual notice of it.

    2.  The last instant of the day on which it is first available to the public on the Internet under subsection (6).

Legislation Act, 2006, Part III

   (9)  Part III (Regulations) of the Legislation Act, 2006 does not apply to the rules made under this section.

Terms used in rules

   (10)  Paragraph 5 of section 49 and section 86 of the Legislation Act, 2006 do not apply to the rules made under this section.

Existing rules continued

   111.  Subject to subsection 126 (4) and section 127, the rules made by existing industry funding organizations under the old Act that were in force immediately before this section comes into force continue to be valid.

Payment of stewardship fees

   112.  (1)  A person who is designated as a steward in respect of a Part VII designated waste, by the rules made by an existing industry funding organization, shall pay the organization the fees determined in accordance with the rules, at the times specified by the rules.

Voluntary contributions

   (2)  The existing industry funding organization may, with the approval of the Authority, reduce the amount of fees payable by a person under subsection (1), or exempt a person from subsection (1), if the person has made voluntary contributions of money, goods or services to the organization.

Conditions and restrictions

   (3)  A reduction in fees or exemption under subsection (2) may be subject to such conditions or restrictions as are specified in writing, with the approval of the Authority, by the existing industry funding organization.

Existing funds continued

   113.  (1)  Each fund that was established under subsection 32 (1) of the old Act by an existing industry funding organization in respect of an existing waste diversion program and that was being maintained immediately before the day this subsection comes into force shall continue to be maintained by the organization.

Purposes of fund

   (2)  The fund shall be held in trust by the existing industry funding organization for the following purposes:

    1.  To pay the costs of operating the existing waste diversion program.

    2.  To pay the costs of winding up the program.

    3.  To pay the costs of winding up the organization.

    4.  To pay a reasonable share of costs not referred to in paragraph 1, 2 or 3 that are incurred by the Authority in carrying out its objects under this Part.

    5.  To pay a reasonable share of costs incurred by the Ministry in administering this Part. 

Money to be paid into fund

   (3)  All money received by the existing industry funding organization, including the following amounts, shall be paid into the fund:

    1.  All fees paid to the organization under subsection 112 (1) and all interest and penalties paid in respect of those fees.

    2.  All voluntary contributions of money to the organization.

    3.  All investment income earned by the fund.

Annual report

   114.  (1)  Each existing industry funding organization shall, not later than April 1 in each year,

  (a)  prepare a report in accordance with this section on its activities during the previous year; and

  (b)  provide a copy of the report to the Authority and make the report available to the public.

Contents

   (2)  The report shall include the following:

    1.  Information about existing waste diversion programs operated under this Part during the previous year.

    2.  Audited financial statements for the existing industry funding organization and a copy of the auditor’s report on the organization under subsection 108 (2).

    3.  A description of the consultation undertaken by the existing industry funding organization during the previous year under subsection 109 (2) and a summary of the results of the consultation.

Signature

   (3)  The report shall be signed by the chair of the existing industry funding organization’s board of directors.

Industry Stewardship Plans

Industry stewardship plans

Application

   115.  (1)  A person may apply to the Authority for approval under this section of a written plan that relates to a Part VII designated waste to which an existing waste diversion program applies.

Approval by Authority

   (2)  The Authority may approve a plan in respect of which an application has been submitted under subsection (1) if the Authority is satisfied that the plan,

  (a)  will achieve objectives that are similar to or better than the objectives of the existing waste diversion program; and

  (b)  is consistent with any policy directions issued under subsection 11 (1) relating to the approval of a plan under this section.

Approval by Minister

   (3)  The Minister may approve a plan under this section if,

  (a)  the Authority has refused to approve the plan and the person mentioned in subsection (1) has subsequently applied to the Minister for approval of the plan; and

  (b)  the Minister is satisfied that the plan,

           (i)  is in the public interest,

          (ii)  will achieve objectives that are similar to or better than the objectives of the existing waste diversion program, and

         (iii)  is consistent with any policy directions issued under subsection 11 (1) relating to the approval of a plan under this section.

Approval in writing

   (4)  An approval under this section is not valid unless it is in writing.

Time limit

   (5)  An approval under this section is valid for the time period specified in the approval.

Annual report

   (6)  The person responsible for the operation of a plan approved under this section or under section 34 of the old Act shall, not later than April 1 in each year,

  (a)  prepare a report on the operation of the plan during the previous year; and

  (b)  provide a copy of the report to the Authority and make the report available to the public.

Exemption from stewardship fees

   (7)  Subsection 112 (1) and the rules made under clauses 110 (1) (f) and (g) do not apply to a person who is designated under the rules made by an existing industry funding organization as a steward in respect of a Part VII designated waste if a plan that relates to the waste is approved under this section or was approved under section 34 of the old Act and,

  (a)  the plan was approved on the application of the person; or

  (b)  the person is required by a contract to participate in the plan and is a member of a class of persons described in the plan as participants of the plan.

Same

   (8)  Subsection (7) does not relieve the person from the requirement,

  (a)  to pay a fee that was due before the effective date;

  (b)  to keep or submit a record that the person was required to keep or submit before the effective date;

   (c)  to permit inspection of a record described in clause (b);

  (d)  to provide a report or other information that the person was required to provide before the effective date.

Effective date

   (9)  For the purposes of subsection (8), the effective date is,

  (a)  if the plan was approved on the person’s application, the date specified for the commencement of the plan in the approval under this section or under section 34 of the old Act;

  (b)  if the plan was not approved on the person’s application, the first date on which the person,

           (i)  was required by a contract to participate in the plan, and

          (ii)  was a member of a class of persons described in the plan as participants of the plan.

Fees

   (10)  The Authority may establish and charge fees for,

  (a)  considering an application for approval under subsection (2);

  (b)  monitoring the effectiveness of plans approved under this section or under section 34 of the old Act; and

   (c)  performing other functions related to plans approved under this section or under section 34 of the old Act.

Same

   (11)  The Minister may establish and charge fees for considering an application for approval under subsection (3).

Same

   (12)  A fee established under subsection (10) or (11) must reasonably reflect the costs incurred by the Authority or the Minister, as the case may be, in performing the function for which the fee is established.

Legislation Act, 2006, Part III

   (13)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an instrument made by the Authority or the Minister to establish a fee under subsection (10) or (11).

Existing industry stewardship plans continued

   116.  Written plans approved under section 34 of the old Act that were in force immediately before the day this section comes into force are continued.

Winding Up of Existing Waste Diversion Programs and Existing Industry Funding Organizations

Administrator

   117.  (1)  Subject to subsection (2), the Authority’s board of directors may, by resolution, appoint an individual as the administrator of an existing industry funding organization for the purposes of assuming control of it and responsibility for its activities.

Condition precedent

   (2)  The Authority’s board may appoint an administrator under subsection (1) only if it considers it in the public interest to do so because at least one of the following conditions is satisfied:

    1.  The appointment is necessary to facilitate the wind up of the existing industry funding organization.

    2.  The appointment is necessary to facilitate the wind up of an existing waste diversion program.

    3.  There are not enough members on the board of directors of the existing industry funding organization to form a quorum for the transaction of business.

Notice of appointment

   (3)  The Authority’s board shall give the organization’s board the notice that it considers reasonable in the circumstances before appointing the administrator.

Immediate appointment

   (4)  Subsection (3) does not apply if there are not enough members on the organization’s board to form a quorum.

Term of appointment

   (5)  The appointment of the administrator is valid until the Authority’s board passes a resolution terminating it.

Powers and duties of administrator

   (6)  Unless the resolution appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the members of the board and the officers of the existing industry funding organization.

Same

   (7)  In the resolution appointing the administrator, the Authority’s board may specify the administrator’s powers and duties and the conditions governing them.

Right of access

   (8)  The administrator has the same rights as the organization’s board of directors in respect of the organization’s documents, records and information.

Report to Authority

   (9)  The administrator shall report to the Authority’s board as that board requires.

No personal liability

   (10)  No action or other proceeding shall be instituted against the administrator for an act done in good faith and in a reasonable manner in the execution or intended execution of a duty or power under this Act, the Part VII regulations or the appointment under subsection (1), or for an alleged neglect or default in the execution in good faith of that duty or power.

Crown liability

   (11)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (10) does not relieve the Crown of liability to which it would otherwise be subject.

Liability of organization

   (12)  Subsection (10) does not relieve the existing industry funding organization of liability to which it would otherwise be subject.

Appointment of administrator, effect on board

   118.  (1)  On the appointment of an administrator under section 117, the members of the existing industry funding organization’s board of directors cease to hold office, unless the resolution provides otherwise.

Same

   (2)  During the term of the administrator’s appointment, the powers of any member of the organization’s board who continues to hold office are suspended, unless the resolution provides otherwise.

No personal liability

   (3)  No action or other proceeding shall be instituted against a member or former member of the organization’s board for anything done by the administrator or the organization after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2).

Crown liability

   (4)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (3) does not relieve the Crown of liability to which it would otherwise be subject.

Liability of organization

   (5)  Subsection (3) does not relieve the existing industry funding organization of liability to which it would otherwise be subject.

Brewers Retail Inc.

Brewers Retail Inc.

   119.  (1)  An existing waste diversion program shall not provide for the diversion of blue box waste that is packaging associated with products listed for sale by Brewers Retail Inc.

Brewers and importers of beer

   (2)  An existing waste diversion program shall not require the participation of or contribution by Brewers Retail Inc. or a brewer or importer of beer in respect of blue box waste that is packaging associated with products listed for sale by Brewers Retail Inc.

Annual report

   (3)  Brewers Retail Inc. shall, not later than June 1 in each year,

  (a)  prepare a report on the operation of its packaging return system during the 12-month period ending on the preceding December 31, including,

           (i)  a detailed description of the system, including information on how the system is operated, the objectives of the system and the methods used to measure whether the objectives are met,

          (ii)  specific measurements relating to the system’s performance in meeting its objectives during the period,

         (iii)  the opinion of an auditor confirming the accuracy of the information referred to in subclauses (i) and (ii), and

         (iv)  information on educational and public awareness activities undertaken during the period to support the system; and

  (b)  provide a copy of the report to the Authority and make the report available to the public.

Signature

   (4)  The report prepared under subsection (3) shall be signed by the chair of the board of directors of Brewers Retail Inc.

Fees

   (5)  The Authority may establish and charge fees for administrative costs associated with reports provided under subsection (3).

Same

   (6)  A fee established under subsection (5) must reasonably reflect the costs incurred by the Authority in performing the function for which the fee is established.

Enforcement

Provincial officers

   120.  (1)  The Minister may in writing designate as provincial officers such persons or classes of persons as the Minister considers necessary in respect of such provisions of this Part, the Part VII regulations and the rules as are set out in the designations.

Limitation of authority

   (2)  The Minister, in a designation under subsection (1), may limit the authority of a provincial officer in such manner as the Minister considers necessary or advisable.

Peace officers

   (3)  A provincial officer is a peace officer for the purpose of enforcing this Part, the Part VII regulations and the rules.

Investigation and prosecution

   (4)  A provincial officer may investigate offences under this Part and may prosecute any person who the provincial officer reasonably believes is guilty of an offence under this Part.

Powers of provincial officer

   121.  (1)  If a provincial officer has reasonable grounds for believing that it is necessary, for the purpose of the administration of this Part, the Part VII regulations or the rules, he or she may enter at any reasonable time any place, including any building other than a dwelling, and make or require to be made such surveys, examinations, investigations, tests and inquiries, as he or she considers necessary for that purpose, including examinations of records and other documents, and may make, take and remove or may require to be made, taken or removed samples, copies or extracts.

Order authorizing

   (2)  If a justice of the peace is satisfied, on an application made without notice by a provincial officer, that there is reasonable ground for believing that it is necessary to enter any place, including a building used as a dwelling, for the administration of this Part, the Part VII regulations or the rules, the justice of the peace may issue an order authorizing a provincial officer to enter and to do anything mentioned in subsection (1), but anything done pursuant to the order shall be done between 6 a.m. and 9 p.m. unless the justice of the peace authorizes the provincial officer, by the order, to do it at another time.

Entry with consent

   (3)  Nothing in this section prevents a provincial officer from entering any place, including a building used as a dwelling, with the occupier’s consent, or from doing any other thing at the place with the occupier’s consent.

Identification

   122.  On request, a provincial officer who exercises a power under this Part shall identify himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power.

Obstruction of provincial officer

   123.  No person shall hinder or obstruct a provincial officer in the lawful performance of his or her duties or knowingly furnish a provincial officer with false information or refuse to furnish him or her with information required for the purposes of this Part, the Part VII regulations or the rules.

Offences

   124.  (1)  A person who contravenes this Part, the Part VII regulations or the rules is guilty of an offence.

Directors, officers, etc.

   (2)  If a corporation contravenes this Part, the Part VII regulations or the rules, every director, officer, employee or agent of the corporation who directed, authorized, participated in, assented to or acquiesced in the contravention is guilty of an offence.

Penalty

   (3)  On conviction, a person who is guilty of an offence under this Part is liable,

  (a)  if the person is an individual, to a fine of not more than $20,000 for each day or part of a day on which the offence occurs or continues; or

  (b)  if the person is a corporation, to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.

Part VII Regulations

Regulations, Lieutenant Governor in Council

   125.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing a percentage greater than 50 per cent for the purposes of subsection 93 (4);

  (b)  governing the transfer of assets, liabilities, rights and obligations of an existing industry funding organization in relation to an existing waste diversion program;

   (c)  governing the wind up and dissolution of an existing industry funding organization, including the transfer of its assets, liabilities, rights and obligations.

Regulations, Minister

   126.  (1)  The Minister may make regulations,

  (a)  prescribing materials as blue box waste for the purposes of this Part;

  (b)  prescribing materials as designated wastes for the purposes of this Part;

   (c)  prescribing activities for the purposes of paragraph 4 of subsection 93 (2);

  (d)  for the purposes of section 94, continuing an industry funding organization under the old Act and designating the organization as the existing industry funding organization for an existing waste diversion program;

  (e)  governing the composition and appointment of the board of directors of an existing industry funding organization;

    (f)  prescribing provisions of the Corporations Act or the Corporations Information Act that apply to an existing industry funding organization;

  (g)  exempting any person or class of persons from any provision of this Part, the Part VII regulations or the rules, subject to such conditions or restrictions as may be prescribed by the Part VII regulations;

   (h)  providing that section 119 does not apply if criteria specified by the Part VII regulations are satisfied;

    (i)  defining any word or expression used in this Part that is not already defined;

    (j)  respecting any matter that the Minister considers advisable to carry out the purpose of this Part.

Board of directors of existing industry funding organization

   (2)  A regulation made under clause (1) (e) governing the composition and appointment of the board of directors of an existing industry funding organization is not valid unless it is approved by the existing industry funding organization before the regulation is made.

Regulations in respect of rule matters

   (3)  The Minister may make regulations in respect of any matter in respect of which an existing industry funding organization may make rules under subsection 110 (1), and subsections 110 (2) and (3) apply, with necessary modifications, for that purpose.

Same

   (4)  A regulation under subsection (3) may revoke or amend a rule.

Conflict

   127.  If a Part VII regulation conflicts with a rule, the Part VII regulation prevails.

Regulations under old Act continued

   128.  The following regulations, made under the old Act, remain in force and are deemed to be Part VII regulations:

    1.  Ontario Regulation 273/02 (Blue Box Waste).

    2.  Ontario Regulation 542/06 (Municipal Hazardous or Special Waste).

    3.  Ontario Regulation 33/08 (Stewardship Ontario).

    4.  Ontario Regulation 85/03 (Used Oil Material).

    5.  Ontario Regulation 84/03 (Used Tires).

    6.  Ontario Regulation 393/04 (Waste Electrical and Electronic Equipment).

Repeal

   129.  On the day this section comes into force, this Part is repealed.

Part VIII
amendments to this Act, repeal, commencement and Short Title

Amendments to this Act

   130.  (1)  Section 16 of this Act is repealed and the following substituted:

Non-application

   16.  The Corporations Act, the Not-for-Profit Corporations Act, 2010and the Corporations Information Act do not apply to the Authority, except as provided by the regulations.

   (2)  Clause 83 (g) of this Act is amended by striking out “the Corporations Act” and substituting “the Corporations Act, the Not-for-Profit Corporations Act, 2010”.

   (3)  Section 102 of this Act is repealed and the following substituted:

Non-application

   102.  The Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Actdo not apply to an existing industry funding organization, except as provided by the Part VII regulations.

   (4)  Clause 126 (1) (f) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Repeal

   131.  The Waste Diversion Act, 2002 is repealed.

Commencement

   132.  (1)  Subject to subsections (2), (3), (4) and (5), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  Subsection 130 (1) comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day section 16 of this Act comes into force.

Same

   (3)  Subsection 130 (2) comes into force on the later of the day subsection 4 (1) of theNot-for-Profit Corporations Act, 2010 comes into force and the day section 83 of this Act comes into force.

Same

   (4)  Subsection 130 (3) comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day section 102 of this Act comes into force.

Same

   (5)  Subsection 130 (4) comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010comes into force and the day section 126 of this Act comes into force.

Short title

   133.  The short title of this Act is the Waste Reduction Act, 2013.

 

EXPLANATORY NOTE

The Bill establishes a new waste reduction regime and repeals the Waste Diversion Act, 2002 (“the old Act”), but provides for the continued operation of the waste diversion programs established under the old Act.

Part I (General) states that the purpose of the Act is to promote the reduction, reuse and recycling of waste derived from products, and contains definitions and other provisions of general application.

Part II (Waste Reduction Authority) continues Waste Diversion Ontario, a corporation without share capital established under the old Act, under the new name of Waste Reduction Authority (“the Authority”).  The objects of the Authority include ensuring that waste reduction activities are undertaken in accordance with the Act and the regulations made under it.  The Minister of the Environment is allowed to appoint only a minority of the members of the board of directors of the Authority.  The Authority can set and collect fees, and is required to appoint a Registrar and inspectors.  The Registrar is required to establish, maintain and operate the Waste Reduction Registry (“the Registry”).  The Minister may appoint an administrator of the Authority if it is in the public interest to do so because a listed condition is satisfied.

Part III (Responsibility of Producers and Intermediaries) states that the purpose of the Part is to make producers responsible for waste derived from their products.  The Part provides that producers are responsible for compliance with waste reduction standards and service standards that relate to designated wastes that are derived from the producers’ products.  Where producers deal with producer-controlled intermediaries who broker, arrange for or facilitate the provision of waste reduction services for them, the intermediaries are also responsible for compliance.  Producers and their intermediaries are required to enter into service agreements containing mandatory provisions.

Producers and intermediaries are required to register in the Registry, and municipalities may do so.

Producers are also required to collect from registered municipalities designated wastes that are derived from the producers’ products, and to reimburse registered municipalities for services provided in relation to the designated wastes.  The amount reimbursed may be determined by agreement between the producer and the municipality, by a compensation formula established by the Authority, or (if an Act or regulation requires the municipality to collect and process the waste) by regulation made by the Lieutenant Governor in Council.

Part IV (Integrated Pricing) states that the purposes of the Part are to promote the reduction of environmental impacts by requiring the integration of the environmental protection costs of products when the products are sold, and to ensure that purchasers of products are provided with accurate information about the environmental protection costs of the products.  A seller who recovers environmental protection costs in connection with the sale of a product must include them in the price of the product and show an all-in price in any advertisement.  A seller who also shows the amount of recovered environmental costs must indicate the name and amount of each cost.  False, misleading or deceptive representations relating to the names and amounts of recovered environmental costs are prohibited.

Part V (Enforcement) deals with powers of inspection and seizure, compliance orders and orders imposing administrative penalties.  Compliance orders (after review by the Registrar in certain circumstances) and administrative penalty orders may be appealed to the Environmental Review Tribunal.  Contraventions of listed provisions of the Act or of prescribed provisions of the regulations are offences punishable, on conviction, by fines.

Part VI (Regulations) contains general regulation-making provisions as well as regulation-making provisions relating to Parts II, III and V.

Part VII (Existing Waste Diversion Programs and Existing Industry Funding Organizations) states that the purpose of the Part is to promote the reduction, reuse and recycling of Part VII designated waste, and to provide for the operation of waste diversion programs that were approved under the old Act.  The Part continues those programs as existing waste diversion programs.  The Part also contains regulation-making provisions to continue an industry funding organization under the old Act and to designate the organization as the existing industry funding organization for an existing waste diversion program.  The Authority is required to operate the existing waste diversion programs in accordance with the Part.  The board of directors of the Authority may appoint an administrator of an existing industry funding organization if it is in the public interest to do so because a listed condition is satisfied.  Those conditions include where the appointment is necessary to facilitate the wind-up of the existing industry funding organization or an existing waste diversion program. 

The Part contains general regulation-making provisions relating to it.  Regulations made under the old Act remain in force and are deemed to be regulations made under the Part. Contraventions of the Part, the regulations made under it or the rules made by an existing industry funding organization are offences punishable, on conviction, by fines.

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