Bill 151, Waste-Free Ontario Act, 2016

Murray, Hon Glen R. Minister of the Environment and Climate Change

Current Status: Third Reading Debate

Viewing: As amended by Standing Committee (current version) pdf

Bill 151                                                                                                                                              2016

An Act to enact the Resource Recovery and Circular Economy Act, 2016 and the Waste Diversion Transition Act, 2016 and to repeal the Waste Diversion Act, 2002

CONTENTS

 

 

1.

2.

3.

Contents of this Act

Commencement

Short title

 

Schedule 1

Resource Recovery and Circular Economy Act, 2016

 

Schedule 2

Waste Diversion Transition Act, 2016

______________

 

 

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

Contents of this Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Same

   (3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

   3.  The short title of this Act is the Waste-Free Ontario Act, 2016.

schedule 1
resource recovery and circular economy act, 2016

CONTENTS

 

PART I
GENERAL

 

Definitions

 

1.

Definitions

 

Provincial Interest

 

2.

Provincial interest

 

Strategy

 

3.

4.

5.

6.

7.

Strategy

Contents

Progress reports

Environmental Bill of Rights, 1993, “policy”

Environmental Assessment Act, “undertaking”

Miscellaneous

 

8.

9.

Competition Act (Canada)

Crown bound

PART II
APPLICATION OF PROVINCIAL INTEREST

 

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

Regard for provincial interest

Policy statements

Consistency with policy statements

Application and exceptions

Amendments to ensure consistency with policy statements

Conflicts

Appointment of Directors

Reviews

Public disclosure

Form or format

Minister’s declaration

PART III
RESOURCE PRODUCTIVITY AND RECOVERY AUTHORITY

 

Corporation Continued

 

21.

22.

Corporation continued

Waste Diversion Ontario board

Authority and its Objects

 

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

Composition

Authority’s objects

Board of directors

Transition, initial board of directors

By-laws

Operating agreement

Policy directions

Consultations, etc.

Review

Fiscal year

Annual business plan

Powers, Finances and Administration

 

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

Powers of a natural person

Corporations Act and Corporations Information Act

No personal liability

Not Crown agents

No Crown liability

Indemnification

Contribution to defray cost

Fees

Auditor

Audit by Auditor General

Annual report

Registrar and Other Staff

 

45.

46.

47.

48.

49.

Registrar

Deputy Registrars

Inspectors

Who may be appointed

Appointments in writing

Information

 

50.

51.

52.

53.

Registry

Posting of orders

Procedures

Information to Minister

Administrator

 

54.

55.

Administrator

Appointment of administrator, effect on board

 

Miscellaneous

 

56.

57.

58.

Right to use French

Confidentiality of information

Conflict

PART IV
RESOURCE RECOVERY AND WASTE REDUCTION RESPONSIBILITIES

 

General

 

59.

60.

Interpretation

Designated classes

Persons Who May Have Responsibilities

 

61.

62.

63.

64.

65.

Product and its primary packaging

Convenience packaging and transport packaging

Interpretation

Other persons performing activity related to resource recovery or waste reduction

More than one responsible person

Responsibilities

 

66.

67.

68.

69.

70.

71.

72.

73.

Responsibility to register

Responsibility to reduce waste

Responsibility for collection system

Responsibility to manage collected material

Responsibility for promotion and education

Contents of regulation

Responsibility for reporting, auditing and record keeping

Compliance

Dispute Resolution

 

74.

Requirement for agreements

 

Prohibition on SaleMarketing PrescribedMaterial

 

75.

Prohibition on salemarketing prescribed material

 

PART V
ENFORCEMENT

 

General

 

76.

77.

78.

79.

80.

81.

82.

83.

Definitions

Authority’s role

Inspection

Power to require response to inquiries

Identification

Order for entry or inspection

Detention of copies, samples

Calling for assistance of member of police force

Seizure

 

84.

85.

Seizure during inspection

Report to justice, things seized

Compliance Orders

 

86.

87.

88.

Order by inspector: contraventions of Act and regulations

Request for review, orders under s. 86

Compliance with order

Administrative Penalties

 

89.

90.

Administrative penalties

Failure to pay administrative penalty when required

Appeals

 

91.

92.

93.

94.

95.

96.

97.

Appeal of order

Extension of time for requiring hearing

Contents of notice requiring hearing

Stay on appeal

Parties

Powers of Tribunal

Appeals from Tribunal

Offences

 

98.

99.

Offences

Obstruction, etc.

Miscellaneous

 

100.

101.

Serving a document

Proof

PART VI
REGULATIONS

 

General

 

102.

103.

104.

105.

106.

107.

108.

Regulations, Lieutenant Governor in Council

Regulations, general rules

Regulations, Part II

Regulations, Part III, Lieutenant Governor in Council

Regulations, Part III, Minister

Regulations, Part IV

Regulations, Part V

 

PART VII
AMENDMENTS, COMMENCEMENT AND SHORT TITLE

 

Amendments to this Act

 

109.

Amendments to this Act related to the Not-for-Profit Corporations Act, 2010

 

Commencement and Short Title

 

110.

111.

Commencement

Short title

 

Part i
General

Definitions

Definitions

   1.   In this Act,

“Authority” means the Resource Productivity and Recovery Authority continued under Part III; (“Office”)

“circular economy” means an economy in which participants strive,

  (a)  to minimize the use of raw materials,

  (b)  to maximize the useful life of materials and other resources through resource recovery, and

   (c)  to minimize waste generated at the end of life of products and packaging; (“économie circulaire”)

“Minister” means the Minister of the Environment and Climate Change or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

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

“recovered resources” means material recovered from collected products and packaging or from other sources; (“ressources récupérées”)

“Registry” means, except where the context requires otherwise, the Registry described in section 50; (“Registre”)

“regulations” means the regulations made under this Act; (“règlements”)

“resource recovery” means the extraction of useful materials or other resources from things that might otherwise be waste, including through reuse, recycling, reintegration, regeneration or other activities; (“récupération des ressources”)

“Strategy” means the document developed under section 3, including any amendments made to it under that section; (“Stratégie”)

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

“waste reduction” means the minimization of waste generated at the end of life of products or packaging, including through activities related to design, manufacturing and material use; (“réduction des déchets”)

Provincial Interest

Provincial interest

   2.  It is in the provincial interest that Ontario have a system of resource recovery and waste reduction that aims to,

(0.a) protect the natural environment and human health;

(0.b) foster the continued growth and development of the circular economy;

  (a)  minimize greenhouse gas emissions resulting from resource recovery activities and waste reduction activities;

  (b)  minimize the generation of waste, including waste from products and packaging;

   (c)  increase the durability, reusability and recyclability of products and packaging;

  (d)  hold persons who are most responsible for the design of products and packaging responsible for the products and packaging at the end of life;

  (e)  decrease hazardous and toxic substances in products and packaging;

   (f)  minimize the need for waste disposal;

  (g)  minimize the environmental impacts that result from resource recovery activities and waste reduction activities, including from waste disposal;

  (h)  provide efficient, effective, convenient and reliable services related to resource recovery and waste reduction, including waste management services;

    (i)  increase the reuse and recycling of waste across all sectors of the economy;

    (j)  increase opportunities and markets for recovered resources;

   (k)  promote public education and awareness with respect to resource recovery and waste reduction;

    (l)  promote cooperation and coordination among various persons and entities involved in resource recovery activities and waste reduction activities;

(m)  promote competition in the provision of resource recovery services and waste reduction services;

  (n)  foster fairness for consumers;

  (o)  do any other related thing that may be prescribed.

Strategy

Strategy

   3.  (1)  In order to support the provincial interest, the Minister shall develop a strategy entitled Strategy for a Waste-Free Ontario: Building the Circular Economy in English and Stratégie pour un Ontario sans déchets : Vers une économie circulaire in French and shall publish it on a website of the Government of Ontario.

Strategy

   3.  (1)  In order to support the provincial interest, the Minister shall, no later than 90 days after the day this section comes into force,

  (a)  develop a strategy entitled Strategy for a Waste-Free Ontario: Building the Circular Economy in English and Stratégie pour un Ontario sans déchets : Vers une économie circulaire in French; and

  (b)  publish it on a website of the Government of Ontario.

Same

   (2)  The Minister shall maintain the Strategy that is developed under subsection (1) and shall ensure that it remains available to the public on a website of the Government of Ontario.

Review

   (3)  Within 10 years after the Strategy is developed and at least every 10 years thereafter, the Minister shall cause a review of the Strategy to be undertaken.

Same

   (4)  As part of a review of the Strategy, the Minister shall,

  (a)  consult on the Strategy, in the manner the Minister considers appropriate, with any person or entity the Minister considers may have an interest in the Strategy, including the public; and

  (b)  based on the consultation, amend the Strategy, as he or she considers advisable.

Amendments

   (5)  In addition to making amendments as part of a review described in subsection (4), the Minister may, as he or she considers advisable, make amendments to the Strategy from time to time in between reviews.

Contents

   4.  The Strategy shall set out the following:

    1.  The Strategy’s goals.

    2.  A summary of actions that may be taken under this Act or any other Act, and any non-legislative actions that may be taken, to support the Strategy’s goals.

    3.  The performance measures by which progress in achieving the Strategy’s goals can be assessed.

    4.  Such other matters as the Minister considers advisable.

Progress reports

   5.  At least once every five years, the Minister shall prepare a report setting out the following and publish it on a website of the Government of Ontario:

    1.  A description of actions that have been taken during the period covered by the report to address the Strategy’s goals.

    2.  A description of progress made in achieving the Strategy’s goals, as assessed by the performance measures established under paragraph 3 of section 4.

Environmental Bill of Rights, 1993, “policy”

   6.  Section 15 of the Environmental Bill of Rights, 1993, and the other provisions of that Act that apply to proposals for a policy, apply with necessary modifications to the Strategy and, for that purpose, the Strategy is deemed to be a proposal for a policy under consideration in the Ministry.

Environmental Assessment Act, “undertaking”

   7.  The Strategy is not an undertaking for the purposes of the Environmental Assessment Act.

Miscellaneous

Competition Act (Canada)

   8.  Nothing in this Act shall be construed as requiring or authorizing any person or entity to engage in an activity that would constitutean offence to which subsection 45 (7) of the Competition Act (Canada) would provide a defencea contravention of the Competition Act (Canada).

Crown bound

   9.  This Act binds the Crown.

Part II
application of provincial interest

Regard for provincial interest

   10.  (1)  The following persons and entities shall have regard to the provincial interest described in section 2 when doing the following things:

    1.  A person or entity exercising A person or entity when exercising a power or performing a duty under this Act.

    2.  A person or entity exercising A person or entity when exercising a power or performing a duty under another Act, if the exercise of the power or the performance of the duty relates to resource recovery or waste reduction.

    3.  A person or entity retained to provide services in relation to another person’s responsibilities under section 67, 68, 69 or 70 when performing those services.

    4.  An owner or operator of a waste management system when engaging in waste management activities.

    5.  A prescribed person or entity when carrying out prescribed activities related to resource recovery or waste reduction.

Exception

   (2)  This section does not apply to the Lieutenant Governor in Council.

Same

   (3)  This section does not apply to a person or entity that is exempted under the regulations.

Same

   (4)  Paragraph 4 of subsection (1) does not apply to a person who is exempt from Part V of the Environmental Protection Act in respect of the storage or disposal of the person’s domestic wastes on the person’s own property.

Interpretation

   (5)  For the purposes of paragraph 4 of subsection (1),

“operator”, “owner” and “waste management system” have the same meaning as in Part V of the Environmental Protection Act.

Policy statements

   11.  (1)  For the purpose of furthering the provincial interest described in section 2, the Minister, with the approval of the Lieutenant Governor in Council, may issue resource recovery and waste reduction policy statements.

Development of policy statements

   (2)  In developing a policy statement, the Minister shall consult, in the manner the Minister considers appropriate, with,

  (a)  representatives of municipalities affected by the proposed policy statement;

  (a)  representatives of municipalities;

  (b)  representatives of persons engaging in resource recovery activities and waste reduction activities;

   (c)  representatives of environmental organizations;

  (d)  the public; and

  (e)  such other persons as the Minister considers advisable.

Timing requirement

   (2.1)  The Minister shall begin developing a policy statement and consulting on it in accordance with subsection (2) no later than the first anniversary of the day this section comes into force.

Amendments

   (3)  The Minister may amend a policy statement at any time and for any reason.

Review

   (4)  Within 10 years after a policy statement is issued, the Minister shall review it and consider whether it should be amended.

Consultation

   (4.1)  In considering whether to amend a policy statement, the Minister shall consult, in the manner the Minister considers appropriate, with the persons listed in subsection (2).

Publication

   (5)  The Minister shall publish each new or amended policy statement on a website of the Government of Ontario and in The Ontario Gazette and shall give further notice of it, in the manner the Minister considers appropriate,

  (a)  to the members of the Legislative Assembly;

  (b)  to the Authority; and

   (c)  to any persons or entities that the Minister considers to have an interest in it.

Continued publication

   (6)  The Minister shall ensure that all policy statements are maintained on a website of the Government of Ontario.

Environmental Bill of Rights, 1993, “policy”

   (7)  Section 15 of the Environmental Bill of Rights, 1993, and the other provisions of that Act that apply to proposals for a policy, apply with necessary modifications to policy statements and, for that purpose, a policy statement is deemed to be a proposal for a policy under consideration in the Ministry.

Environmental Assessment Act, “undertaking”

   (8)  A policy statement issued under this section is not an undertaking for the purposes of the Environmental Assessment Act.

Non-application of Legislation Act, 2006, Part III

   (9)  Part III of the Legislation Act, 2006 does not apply to a policy statement issued under this section.

Consistency with policy statements

   12.  (1)  Subject to section 13, the following persons and entities shall exercise the following powers, perform the following duties and carry out the following activities in a manner that is consistent with all applicable policy statements:

    1.  A person or entity exercising a power or performing a duty under this Part or Part III, IV or V.

    2.  A person or entity exercising a power or performing a duty under an Act mentioned in subsection (2) or a provision mentioned in subsection (3), if the exercise of the power or the performance of the duty relates to resource recovery or waste reduction.

    3.  A person or entity retained to provide services in relation to another person’s responsibilities under section 67, 68, 69 or 70 performing those services.

    4.  An owner or operator of a waste management system engaging in waste management activities.

    5.  A prescribed person or entity carrying out prescribed activities related to resource recovery or waste reduction.

Consistency with policy statements

   12.  (1)  Subject to section 13, the following persons and entities shall, when doing the following things, ensure the things are done in a manner that is consistent with all applicable policy statements:

    1.  A person or entity when exercising a power or performing a duty under this Part or Part III, IV or V.

    2.  A person or entity when exercising a power or performing a duty under an Act mentioned in subsection (2) or a provision mentioned in subsection (3), if the exercise of the power or the performance of the duty relates to resource recovery or waste reduction.

    3.  A person or entity retained to provide services in relation to another person’s responsibilities under section 67, 68, 69 or 70 when performing those services.

    4.  An owner or operator of a waste management system when engaging in waste management activities.

    5.  A prescribed person or entity when carrying out prescribed activities related to resource recovery or waste reduction.

List of Acts

   (2)  The following are the Acts referred to in paragraph 2 of subsection (1):

    1.  City of Toronto Act, 2006.

    2.  Condominium Act, 1998.

    3.  Consumer Protection Act, 2002.

    4.  Environmental Assessment Act.

    5.  Environmental Protection Act.

    6.  Municipal Act, 2001.

    7.  Nutrient Management Act, 2002.

    8.  Ontario Water Resources Act.

    9.  Planning Act.

  10.  Any prescribed Acts.

List of provisions

   (3)  The following are the provisions referred to in paragraph 2 of subsection (1):

    1.  Section 11.6 of the City of Greater Sudbury Act, 1999.

    2.  Section 11.7 of the City of Hamilton Act, 1999.

    3.  Section 12.13 of the City of Ottawa Act, 1999.

    4.  Section 13.6 of the Town of Haldimand Act, 1999.

    5.  Section 13.6 of the Town of Norfolk Act, 1999.

    6.  A prescribed provision of a prescribed Act.

Interpretation

   (4)  For the purposes of paragraph 4 of subsection (1),

“operator”, “owner” and “waste management system” have the same meaning as in Part V of the Environmental Protection Act.

Application and exceptions

   13.  (1)  Subject to subsections (3) to (5), a resource recovery and waste reduction policy statement is applicable in respect of all persons and entities listed in subsection 12 (1), unless,

  (a)  the policy statement specifies that it is applicable only,

           (i)  to one or more persons or entities listed in subsection 12 (1), or

          (ii)  to a class of persons or entities listed in that subsection based on any attribute or combination of attributes;

  (b)  the policy statement specifies that it is not applicable,

           (i)  to one or more persons or entities listed in subsection 12 (1), or

          (ii)  to a class of persons or entities listed in that subsection based on any attribute or combination of attributes; or

   (c)  the person or entity is exempted by regulation.

Geographic areas

   (2)  A policy statement may specify that it applies differently in different geographic areas of Ontario.

Exception

   (3)  Section 12 does not apply to the Lieutenant Governor in Council.

Same

   (4)  Section 12 does not apply to a person or entity that is exempted under the regulations.

Same

   (5)  A policy statement does not apply to a person who is exempt from Part V of the Environmental Protection Act in respect of the storage or disposal of the person’s domestic wastes on the person’s own property.

Amendments to ensure consistency with policy statements

Official plans

   14.  (1)  A council of a municipality or a municipal planning authority shall ensure that its official plan is consistent with the resource recovery and waste reduction policy statements that apply to the municipality or the authority and shall amend its official plan if necessary to achieve consistency.

Same, timing

   (2)  Any amendments required under subsection (1) shall be made before the earlier of,

  (a)  the date specified in the applicable policy statement, if any; and

  (b)  the end of the period determined under subsection 26 (1) of the Planning Act.

Zoning by-laws

   (3)  No later than three years after an amendment required under subsection (1) comes into effect, the council of the municipality or the municipal planning authority shall amend the zoning by-laws that are in effect in the municipality that relate to resource recovery or waste reduction if necessary to ensure conformity with the amendment to the official plan.

By-law under listed Acts

   (4)  If a by-law that is in effect under an Act mentioned in subsection 12 (2) or a provision of an Act prescribed under paragraph 6 of subsection 12 (3) relates to resource recovery or waste reduction, the person or entity that made the by-law shall ensure that it is consistent with the policy statements that apply to the person or entity and shall amend the by-law if necessary to achieve consistency.

Prescribed instruments

   (5)  If an instrument prescribed in the regulations, other than an instrument mentioned in subsection (1), (3) or (4), relates to resource recovery or waste reduction, the person or entity that made the prescribed instrument shall ensure that it is consistent with the policy statements that apply to the person or entity and shall amend the instrument if necessary to achieve consistency.

Timing

   (6)  Any amendments required under subsection (4) or (5) shall be made before the date specified in the applicable policy statement.

Minister’s request

   (7)  If the Minister is of the opinion that an official plan, by-law or other instrument mentioned in this section is inconsistent with an applicable policy statement, he or she may, at any time, request that the person or entity that made the official plan, by-law or instrument amend it to achieve consistency.

Conflicts

   15.  (1)  Despite any Act, if there is a conflict between a resource recovery and waste reduction policy statement issued under section 11 and a provision in an instrument described in subsection (2), the following rules apply:

    1.  The policy statement or provision that provides the greatest protection to the natural environment and human health governs, to the extent of the conflict.

    2.  If the policy statement and the provision provide equal protection to the natural environment and human health, the policy that best promotes the provincial interest described in section 2 governs, to the extent of the conflict.

Instruments

   (2)  The instruments referred to in subsection (1) are,

  (a)  a policy statement issued under subsection 3 (1) of the Planning Act; and

  (b)  any prescribed instruments.

Clarification guidelines

   (3)  The Minister, jointly with a member of the Executive Council to whom responsibility for the administration of an Act under which a plan mentioned in subsection (4) is issued, may prepare guidelines to clarify the relationship between a policy statement and a policy in a plan.

List of provincial plans

   (4)  The plans referred to in subsection (3) are,

  (a)  the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005;

  (b)  the Niagara Escarpment Plan continued under section 3 of the Niagara Escarpment Planning and Development Act;

   (c)  the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001;

  (d)  a growth plan approved under section 7 of the Places to Grow Act, 2005; or

  (e)  a plan or provisions of a plan prescribed by the regulations that is made or approved by the Lieutenant Governor in Council, a minister, or a board, commission or agency of the government.

Appointment of Directors

   16.  (1)  The Minister may appoint as Directors such public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry as the Minister considers necessary for the purposes of section 17.

Limitation of authority

   (2)  In an appointment under subsection (1), the Minister may limit a Director’s authority in such manner as the Minister considers necessary or advisable.

Reviews

   17.  (1)  When directed to do so by a Director appointed under section 16, a person or entity described in subsection (2) shall review the person’s or entity’s activities to determine the extent to which the person or entity is performing duties and carrying out activities in a manner that is consistent with all applicable policy statements.

Application

   (2)  This section applies to the following persons in respect of the following activities:

    1.  A person mentioned in section 61 or 62 of this Act carrying out the person’s responsibilities under section 67, 68, 69 or 70.

    2.  A person or entity retained to provide services in relation to another person’s responsibilities under section 67, 68, 69 or 70 performing those services.

    3.  A prescribed person or entity carrying out prescribed activities related to resource recovery or waste reduction.

Manner

   (3)  The review shall be conducted in accordance with the Director’s directions and any prescribed requirements.

Reporting and publication

   (4)  The person or entity shall,

  (a)  report the results of the review in the manner and within the time the Director directs and, if a target has been established under the policy statement, shall include information on the extent to which the target is being achieved; and

  (b)  make the results of the review available to the public in the manner and within the time the Director directs.

Failure to ensure consistency

   (5)  If, in the Director’s opinion, a person or entity described in subsection (2) fails to act in accordance with the person’s or entity’s obligation under section 12 to ensure that it carries out its activities in a manner that is consistent with all applicable resource recovery and waste reduction policy statements, the Director may do one or both of the following:

    1.  Require the person or entity to provide information the Director specifies with respect to the person’s or entity’s efforts to meet the obligation and the reasons for the failure to do so.

    2.  Require the person or entity to prepare and submit to the Director a report describing the proposed steps to be taken to meet the obligation and the proposed timelines for doing so.

Manner

   (6)  The person shall comply with a requirement under subsection (5) in accordance with the Director’s directions and any prescribed requirements.

Failure to ensure consistency

   (5)  If, in the Director’s opinion, a person or entity described in subsection (2) fails to act in accordance with the person’s or entity’s obligation under section 12 to ensure that it performs its duties and carries out its activities in a manner that is consistent with all applicable resource recovery and waste reduction policy statements, the Director may do one or both of the following:

    1.  Require the person or entity to provide information the Director specifies with respect to the person’s or entity’s efforts to meet the obligation and the reasons for the failure to do so.

    2.  Require the person or entity to prepare and submit to the Director a report describing the proposed steps to be taken to meet the obligation and the proposed timelines for doing so.

Manner

   (6)  The person or entity shall comply with a requirement under subsection (5) in accordance with the Director’s directions and any prescribed requirements.

Opportunity for comment

   (7)  Before taking any action under subsection (5), the Director shall give the person or entity an opportunity to provide the Director with comments on the performance of their duties and the carrying out of their activities.

Limitation

   (8)  Subsection (7) does not apply to the extent that the person or entity has provided a report on the duties and activities in question in response to a Director’s direction under subsection (1).

Public disclosure

   18.  The Director may publicly disclose any of the information provided under subsection 17 (5) in such manner and format as the Director considers appropriate.

Form or format

   19.  The Director may specify that information to be provided under section 17 must be submitted in a form or format acceptable to the Director.

Minister’s declaration

   20.  (1)  If the Minister is of the opinion that the provincial interest described in section 2 is or is likely to be adversely affected by the outcome of a proceeding under this Act or any other Act before the Tribunal, the Ontario Municipal Board or a joint board under the Consolidated Hearings Act, the Minister may declare his or her opinion in writing to the secretary of the Tribunal or the registrar of the board.

Contents

   (2)  The declaration shall identify the issues in the proceeding that, in the Minister’s opinion, adversely affect or are likely to adversely affect the provincial interest and shall describe the anticipated adverse effects.

No notice or hearing required

   (3)  The Minister is not required to give notice or to hold a hearing before issuing a declaration.

Effect of declaration

   (4)  If the Tribunal or board receives a declaration under this section at least 30 days before the hearing begins, the Tribunal’s or board’s decision is not final or binding with respect to the issues identified in the declaration.

Power of Lieutenant Governor in Council

   (5)  The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal or board in respect of an issue identified in a declaration.

Where Lieutenant Governor in Council does not act

   (6)  If the Lieutenant Governor in Council does not act under subsection (5) within the prescribed period after the Tribunal’s or board’s decision is issued, the Tribunal’s or board’s decision is final and binding as of the date determined in accordance with the regulations.

Limitation

   (7)  This section does not apply,

  (a)  to a proceeding that is an application for leave to appeal under subsection 38 (1) of the Environmental Bill of Rights, 1993; or

  (b)  to a proceeding before a joint board to which the Minister is a party under subsection 8 (2) of the Consolidated Hearings Act.

Effect on appeal process under various Acts

   (8)  Despite the following provisions, no appeal lies to the Minister if a declaration has been issued under this section:

    1.  Clause 20.16 (1) (b) of the Environmental Protection Act.

    2.  Subsection 100.1 (17) of the Environmental Protection Act.

    3.  Subsection 145.6 (2) of the Environmental Protection Act.

    4.  Subsection 11 (3) of the Nutrient Management Act, 2002.

    5.  Subsection 47 (12) of the Ontario Water Resources Act.

    6.  Subsection 102.3 (2) of the Ontario Water Resources Act.

    7.  Subsection 15 (4) of the Pesticides Act.

Part III
RESOURCE PRODUCTIVITY AND RECOVERY Authority

Corporation Continued

Corporation continued

   21.  (1)  The corporation without share capital established under section 3 of the Waste Diversion Act, 2002 under the name Waste Diversion Ontario in English and Réacheminement des déchets Ontario in French is continued as a corporation without share capital under the name Resource Productivity and Recovery Authority in English and Office de la productivité et de la récupération des ressources in French.

Same, references

   (2)  A reference to Waste Diversion Ontario in any by-law, resolution, agreement or other document shall be read as if it were a reference to the Authority.

Waste Diversion Ontario board

   22.  On the day this section comes into force, the terms of office of the individuals who were members of the board of directors of Waste Diversion Ontario immediately before this section comes into force are terminated.

Authority and its Objects

Composition

   23.  (1)  The Authority is composed of the members of its board of directors.

Ceasing to be member

   (2)  A person ceases to be a member of the Authority when he or she ceases to be a member of the board of directors.

Authority’s objects

   24.  The Authority’s objects are,

  (a)  to perform the duties and exercise the powers given to the Authority under this Act or any other Act; and

  (b)  to provide information to persons involved in activities that relate to resource recovery or waste reduction in Ontario and to the public about this Act, the regulations, and activities carried out under this Act or any other Act under which the Authority has powers or duties.

Board of directors

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

Members

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

    1.  Members appointed by the Minister.

    2.  Members elected by the board in accordance with any procedures that may be 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 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.

Composition

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

Prescribed qualifications, criteria

   (6)  The Minister may make a regulation prescribing qualifications or eligibility criteria for persons appointed or elected under subsection (2), and if the Minister makes such a regulation only persons meeting those qualifications or eligibility criteria may be appointed or elected.

Length of terms, etc.

   (7)  The Minister may make a regulation prescribing restrictions on the length of a member’s term or on a member’s reappointment or re-election, and if the Minister makes such a regulation an appointment or election must comply with those restrictions, but if there is no such regulation,

  (a)  the term of an appointed member is the term specified in the appointment; and

  (b)  the term of an elected member is the term, not to exceed three years, determined by the board of directors at the time of the election.

Chair and vice-chair

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

Same, transition

   (9)  The first elections under subsection (8) shall take place within 30 days after the day the sixth individual is elected under subsection 26 (3).

Same

   (10)  The chair and any vice-chairs of the initial board under section 26 continue in their respective roles until the first elections under subsection (8) are held.

Acting chair

   (11)  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

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

Quorum

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

Voting

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

One vote per member

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

Transition, initial board of directors

   26.  (1)  Despite section 25, promptly after section 21 comes into force, the Minister shall ensure that five individuals are appointed as members of the Authority’s initial board of directors.

Appointees’ qualifications

   (2)  In appointing individuals under subsection (1), the Minister shall, to the extent possible, ensure that the initial board is composed of individuals who collectively have experience and expertise in the following areas:

    1.  Resource recovery and waste reduction.

    2.  Corporate governance and management.

    3.  Finance.

    4.  Business management.

    5.  Compliance and enforcement.

Election of members under para. 2 of subs. 25 (2)

   (3)  Within one year after this section comes into force, or before a later date that may be prescribed, the initial board shall hold one or more elections in order to elect six individuals as the board members mentioned in paragraph 2 of subsection 25 (2).

Status of elected members

   (4)  An individual elected under subsection (3) is a member of the initial board on and after the day of his or her election.

Chair

   (5)  The Minister shall designate one of the members appointed under subsection (1) to be the chair of the initial board.

Vice-chair

   (6)  The initial board shall elect one or more vice-chairs from among the members of the initial board.

Quorum

   (7)  A majority of the members of the initial board constitutes a quorum for the purposes of transacting business.

Application of s. 25

   (8)  Subsections 25 (1), (11), (12), (14) and (15) apply with respect to the initial board.

Vacancies

   (9)  If, for any reason, a member of the initial board appointed by the Minister becomes unable to act, the Minister may appoint another member to take his or her place, and if, for any reason, a member of the initial board elected by the initial board becomes unable to act, the initial board may elect another member to take his or her place.

End date for initial board

   (10)  On the day the maximum number of members under paragraph 2 of subsection 25 (2) is elected under subsection (3),

  (a)  the board is duly constituted for the purposes of section 25;

  (b)  the members of the initial board appointed by the Minister under subsection (1) or (9) continue as the board members mentioned in paragraph 1 of subsection 25 (2); and

   (c)  the members of the initial board elected under subsection (3) or (9) continue as the board members mentioned in paragraph 2 of subsection 25 (2).

By-laws

   27.  (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 Authority’s affairs;

  (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.

Availability to public

   (3)  The Authorityshall make each of its by-laws available to the public on the Registry within 30 days after the by-law is made.

Transition

   (4)  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 revoked by a by-law made by the Authority’s board.

Operating agreement

   28.  (1)  The Minister and the Authority shall enter into an operating agreement with respect to the Authority’s activities in accordance with this section.

Same, transition

   (2)  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 under subsection (4).

Contents

   (3)  The operating agreement shall deal with matters that the Minister considers advisable in the public interest relating to carrying out the Authority’s objects under this Act, including, without limitation,

  (a)  matters relating to its governance and operations; and

  (b)  any matters required to be included in it under any other Act.

Replacement agreement

   (4)  Within 120 days after the members of the Authority’s initial board are appointed under subsection 26 (1), the Minister and the initial board shall enter into a transitional operating agreement.

Reconsideration of replacement agreement

   (5)  Within one year after the day mentioned in subsection 26 (10) as the day the Authority’s board is duly constituted for the purposes of section 25, the Minister and the board shall review the transitional operating agreement entered into under subsection (4) and shall determine whether any amendments are required.

Amendment

   (6)  The Minister may, at any time, serve notice on the Authority that an amendment to the operating agreement is required.

Same

   (7)  An amendment shall be agreed on by the Minister and the Authority within 180 days after notice is served under subsection (6), 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

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

Application of Environmental Bill of Rights, 1993

   (9)  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 under consideration by the Minister under this section and, for that purpose, the operating agreement is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act.

Implementation

   (10)  The Authority shall carry out its objects in a manner that is consistent with the operating agreement.

Policy directions

   29.  (1)  If the Minister considers it advisable in the public interest to do so, he or she may issue policy directions to the Authority relating to the Authority’s carrying out of its 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 a policy direction.

Implementation

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

Policy directions

   29.  (1)  If the Minister considers it advisable in the public interest to do so, the Minister may issue policy directions to the Authority relating to the Authority’s carrying out of its objects.

Notice

   (2)  The Minister shall give the Authority the notice that the Minister considers reasonable in the circumstances before issuing a policy direction.

Implementation

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

Policies under Waste Diversion Act, 2002

   (4)  A policy established under section 7 of the Waste Diversion Act, 2002 that was in effect immediately before this section comes into force continues in effect as a policy direction under this section until it is revoked.

Consultations, etc.

   30.  The Minister may require the Authority to do any of the following:

    1.  Conduct consultations with the public, with persons who have relevant experience or knowledge, or with both, on any matter related to resource recovery or waste reduction that the Minister specifies.

    2.  Advise or report to the Minister on any matter related to resource recovery or waste reduction.

    1.  Conduct consultations with the public, or with persons or entities that have relevant experience or knowledge, on any matter that the Minister specifies related to resource recovery, waste reduction or the circular economy.

    2.  Advise or report to the Minister on any matter related to,

            i.  resource recovery, waste reduction or the circular economy, or

           ii.  the Authority’s objects.

    3.  Establish one or more advisory councils to provide advice to the Authority on matters related to carrying out its objects.

Review

   31.  (1)  The Minister may require that reviews be carried out of the Authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial matters.

Manner

   (2)  The Minister may specify that the review be carried out,

  (a)  by or on behalf of the Authority; or

  (b)  by a person specified by the Minister.

Access to records and information

   (3)  When a review is carried out by a person specified by the Minister, the Authority shall give the person and the person’s employees or agents access to all records and other information required to conduct the review.

Fiscal year

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

Annual business plan

   33.  (1)  At least 90 days before the beginning of the fiscal year, the Authority shall adopt and submit to the Minister a business plan for the implementation of its objects during that fiscal year.

Contents

   (2)  The business plan shall include,

  (a)  a description of the Authority’s major activities and objectives for the fiscal year and for the following two fiscal years;

  (b)  a description of the Authority’s plan to achieve the objectives mentioned in clause (a);

   (c)  a performance measures report for the Authority that,

           (i)  establishes targets for the fiscal year, and

          (ii)  explains any significant variances between the targets for the preceding fiscal year and the actual results for that fiscal year;

  (d)  a description of any measures the Authority intends to take in the fiscal year with respect to the efficient management of the Authority; and

  (e)  any other information that is required by the operating agreement.

Availability to public

   (3)  The Authority shall make each business plan available to the public on the Registry promptly after submitting it to the Minister.

First business plan

   (4)  In the first year that this section is in force, the Minister may require the Authority to adopt and submit to the Minister a business plan for the implementation of its objects for the remainder of the year and the business plan shall contain the information specified by the Minister.

Powers, Finances and Administration

Powers of a natural person

   34.  (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 under this Act.

Subsidiary corporation

   (2)  The Authority shall not establish a subsidiary corporation, except as permitted by the regulations.

Commercial activity

   (3)  The Authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the Authority, to a member of its board of directors or to any of its officers, except as permitted by the regulations.

Corporations Act and Corporations Information Act

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

No personal liability

   36.  (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.

Authority’s liability

   (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

   37.  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 such.

No Crown liability

   38.  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 of a member, officer, employee or agent of the Authority.

Indemnification

   39.  The Authority shall indemnify the Crown in right of Ontario 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.

Contribution to defray cost

   40.  (1)  The Lieutenant Governor in Council may from time to time, by order, fix an amount to be paid by the Authority to defray the Crown’s costs in administering this Act and the regulations.

Costs

   (2)  The amount fixed under subsection (1) may include costs that are attributable to the oversight of the Authority under this Act, including costs associated with appeals to the Tribunal of orders issued under Part V.

Payment

   (3)  The Authority shall pay the amount to the Minister of Finance in accordance with the terms of the order.

Fees

   41.  (1)  For the purpose of recovering its costs, the Authority may,

  (a)  set and collect fees, costs or other charges due to the Authority related to the performance of its duties and exercise of its powers under this Act or any other Act in accordance with processes and criteria established by the Authority;

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

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

Setting fees

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

Same, regulations

   (3)  Subsection (2) is subject to any limitations or requirements that may be prescribed with respect to the portion of the fee, cost or charge that is related to an amount payable under section 40.

Establishment and publication of fees, etc.

   (4)  The following rules apply with respect to the establishment and publication of the fees, costs and charges described in clause (1) (a), the processes and criteria described in that clause and the requirements described in clause (1) (b):

    1.  Before establishing, amending or replacing a fee, cost, charge, process, criterion or requirement, the Authority shall engage in public consultation and shall post the proposed new or amended fee, cost, charge, process, criterion or requirement on the Registry for public comment for at least 45 days.

    2.  After public consultation and posting under paragraph 1, the Authority shall publish the final version of the new or amended fee, cost, charge, process, criterion or requirement on the Registry.

    3.  The fee, cost, charge, process, criterion or requirement is not effective until the later of,

            i.  30 days after its publication under paragraph 2, and

           ii.  the day specified by the Authority.

    4.  The Authority shall ensure that every fee, cost, charge, process, criterion or requirement that has been replaced by a new or amended one remains available to the public on the Registry.

Payment of fees

   (5)  A person who is required under clause (1) (b) 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 Authority.

Legislation Act, 2006, Part III

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

Fees

   41.  (1)  For the purpose of recovering its costs, the Authority may,

  (a)  set and collect fees, costs or other charges due to the Authority related to the performance of its duties and exercise of its powers under this Act or any other Act in accordance with processes and criteria established by the Authority;

  (b)  require persons to pay the fees, costs and charges described in clause (a); and

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

Setting fees

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

Limitations, requirements

   (3)  Subsection (2) is subject to any limitations or requirements that may be prescribed in connection with fees, costs or charges, or the portions thereof, that are related to amounts payable under section 40.

Establishment and publication of fees, etc.

   (4)  The following rules apply with respect to the establishment and publication of the fees, costs and charges described in clause (1) (a), the processes and criteria described in that clause and the requirements described in clause (1) (b):

    1.  Before establishing, amending or replacing a fee, cost, charge, process, criterion or requirement, the Authority shall engage in public consultation and shall post the proposed new or amended fee, cost, charge, process, criterion or requirement on the Registry for public comment for at least 45 days.

    2.  After public consultation and posting under paragraph 1, the Authority shall publish the final version of the new or amended fee, cost, charge, process, criterion or requirement on the Registry and a description of how the Authority considered public comments in determining the final version.

    3.  The fee, cost, charge, process, criterion or requirement is not effective until the later of,

            i.  30 days after its publication under paragraph 2, and

           ii.  the day specified by the Authority.

    4.  The Authority shall ensure that every fee, cost, charge, process, criterion or requirement that has been replaced by a new or amended one remains available to the public on the Registry.

Payment of fees

   (5)  A person who is required under clause (1) (b) to pay a fee, cost or other charge shall pay it to the Authority, at the times specified by the Authority.

Legislation Act, 2006, Part III

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

Auditor

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

Annual audit

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

Availability to public

   (3)  The Authority shall make the auditor’s report available to the public on the Registry not later than June 1 following the end of the fiscal year.

Audit by Auditor General

   43.  (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 activities, 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

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

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

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

Tabling of report

   (1.1)  The Minister shall lay a copy of the report before the Legislative Assembly as soon as reasonably possible after receiving a copy from the Authority.

Contents

   (2)  The report shall include the following:

    1.  Information about activities engaged in by persons required to carry out responsibilities under Part IV.

    2.  A summary of compliance and enforcement activities carried out under this Act during the previousyearfiscal year.

    3.  Audited financial statements for the Authority and a copy of the auditor’s report under subsection 42 (2).

    4.  Information specified in the operating agreement.

    5.  Information requested in writing by the Minister.

    6.  Information required to be included under any other Act.

Signature

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

Registrar and Other Staff

Registrar

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

Deputy Registrars

   46.  (1)  The Registrar may appoint one or more Deputy Registrars who shall perform the duties assigned to them under this Act or any other Act 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

   47.  (1)  The Registrar may appoint inspectors as are necessary for the purpose of enforcing 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.

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.

Who may be appointed

   48.  A person shall not be appointed under section 45, 46 or 47 unless he or she is an officer or employee of the Authority.

Appointments in writing

   49.  Appointments under sections 45, 46 and 47 shall be made in writing.

Information

Registry

   50.  (1)  The Registrar shall, in accordance with any prescribed requirements, establish, maintain and operate an electronic public registry known in English as the Resource Productivity and Recovery Registry and in French as Registre de la productivité et de la récupération des ressources.

Purposes

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

    1.  To receive information submitted to the Authority,

            i.  by or on behalf of a person who is responsible for registering under section 66,

           ii.  by or on behalf of a person who is responsible for reporting under section 72, and

          iii.  under any other Act.

    2.  Subject to the regulations, to provide public access to information submitted under paragraph 1.

    3.  To provide public notice of,

            i.  information relating to fees set under section 41, and

           ii.  other information required to be made available on the Registry under this Act or any other Act.

    4.  Any prescribed purposes.

Organization, form

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

Complete and accurate information, etc.

   (4)  If the Registrar is of the opinion that any information, reports, records or documents submitted through the Registry are incomplete or inaccurate, the Registrar may require the person to file information, reports, records or documents that are complete and accurate and the person shall comply with the requirement.

Same

   (5)  The Registrar shall ensure that material submitted under subsection (4) is included in the Registry.

Refusal

   (6)  The Registrar may refuse to accept information submitted to the Authority through the Registry if the information does not comply with the requirements of this Act or the regulations.

Posting of orders

   51.  (1)  The Registrar shall ensure that the Registry includes a copy of every order issued under this Act or any other Act by the Registrar, a Deputy Registrar or an inspector.

Orders under appeal

   (2)  If an order is appealed, the Registrar shall ensure that the Registry includes a notation that the order is under appeal until the appeal is finally disposed of.

Procedures

   52.  (1)  The Registrar may establish procedures with respect to submitting information through the Registry or to the Authority, subject to any limitations or requirements in the regulations.

Publication

   (2)  The procedures shall be made available on the Registry.

Non-application of Legislation Act, 2006, Part III

   (3)  Part III of the Legislation Act, 2006 does not apply to a procedure established under this section.

Information to Minister

   53.  (1)  The Authority shall provide the Minister with such information as the Minister may require from time to timeincluding information collected under this Act or under any other Act.

Manner

   (2)  The information must be provided in accordance with any prescribed requirements.

Administrator

Administrator

   54.  (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 advisable 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, the by-laws or a provision of any other Act or regulation, 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 Authority’s board of directors to form a quorum for the transaction of business.

Notice of appointment

   (3)  The Minister shall give the Authority’s board of directors 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 continues 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.

Rights with respect to information

   (8)  The administrator has the same rights as the members of the board and the officers of the Authority 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, under an appointment under subsection (1) or under any direction 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.

Authority’s liability

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

Appointment of administrator, effect on board

   55.  (1)  On the appointment of an administrator under section 54, the members of the Authority’s 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.

Same

   (3)  Subsection (2) also applies to the powers of members of the board who are appointed or elected during the term of the administrator’s appointment.

No personal liability

   (4)  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) or (3).

Authority’s liability

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

Miscellaneous

Right to use French

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

Definition

   (2)  In subsection (1),

“service” means any service or procedure that is provided to the public by the Authority in carrying out its powers and performing its duties under this Act or any other Act 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.

Authority’s duty

   (3)  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

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

Confidentiality of information

   57.  (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’exécution 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”)

Secrecy and permissible 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 or entity 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 under this Act;

  (b)  to the Minister, the Ministry or an employee or agent of the Ministry;

   (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 required or permitted to be made available to the public under this Act or any other Act; or

  (g)  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 section 31;

   (c)  an administrator appointed under section 54; and

  (d)  a provincial offences officer designated under the Provincial Offences Act for the purposes of section 98 or 99 of this Act.

Testimony in civil proceeding

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

  (a)  a proceeding under this Act; or

  (b)  an appeal or a judicial review relating to a proceeding described in clause (a).

Conflict

   58.  In the event of conflict, this Act, the regulations, and any other Act under which the Authority has powers or duties and the regulations under such Acts prevail over the operating agreement and over the Authority’s by-laws and resolutions.

Part IV
resource recovery and waste reduction responsibilities

General

Interpretation

   59.  In this Part,

“brand” means any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trade-mark, which identifies a product and distinguishes it from other products; (“marque”)

“brand holder” means a person who owns or licences a brand or who otherwise has rights to market a product under the brand; (“titulaire de marque”)

“consumer”, in respect of a product and its primary packaging, and in respect of  convenience packaging, means a person who obtains the product for the person’s own use; (“consommateur”)

“convenience packaging” means material used in addition to primary packaging to facilitate consumers’ handling or transportation of one or more products, such as boxes and bags; (“emballage pratique”)

“designated class” means a class described in section 60; (“catégorie désignée”)

“market”, in respect of a product, includes,

  (a)  to offer the product for sale, expose it for sale or possess it for sale,

  (b)  to distribute the product, whether for consideration or not, and

   (c)  to lease the product, offer it for lease, expose it for lease or have it in possession for lease; (“commercialiser”)

“primary packaging” means material that is used for the containment, protection, handling, delivery and presentation of a product that is provided to a consumer at the point of sale, and includes packaging designed to group one or more products for the purposes of sale, but does not include convenience packaging or transport packaging; (“emballage primaire”)

“product” means a thing, part of a thing, or combination of things intended for use by a consumer; (“produit”)

“transport packaging” means material used in addition to primary packaging to facilitate the handling or transportation of one or more products by persons other than consumers, such as pallets, bail wrap and boxes, but does not include shipping containers designed for transporting things by road, ship, rail or air. (“emballage de transport”)

Designated classes

   60.  (1)  A regulation may designate classes of materials in respect of which brand holders or others may be required to carry out responsibilities under this Part.

Same

   (2)  The materials designated under subsection (1) shall be one of the following:

    1.  Products.

    2.  Types of primary packaging associated with a product.

    3.  Types of convenience packaging.

    4.  Types of transport packaging.

Persons Who May Have Responsibilities

Product and its primary packaging

Brand holders

   61.  (1)  Under this Part, a person who is the holder of a brand associated with a product in a designated class may be required to carry out any of the following responsibilities with respect to the product and its primary packaging:

    1.  Registration, as described in section 66.

    2.  Waste reduction, as described in section 67.

    3.  Collection, as described in section 68.

    4.  Management, as described in section 69.

    5.  Promotion and education, as described in section 70.

    6.  Reporting and record keeping, as described in section 72.

    6.  Reporting, auditing and record keeping, as described in section 72.

Alternate or additional person

   (2)  A person who has a commercial connection to a product in a designated class may be required to carry out responsibilities under this Part instead of, or in addition to, a brand holder described in subsection (1).

Commercial connection

   (3)  For the purposes of subsection (2), a person who has a commercial connection to a product in a designated class includes a person who,

  (a)  imports, wholesales, leases or retails the product, or is otherwise involved in the product’s distribution; or

  (b)  meets the prescribed conditions.

Same, determination

   (4)  For the purposes of subsections (1) and (2), the regulations may specify a person or may set out a method for determining who the person is.

Limitation

   (5)  A regulation shall not require a person to carry out responsibilities under this Part in respect of material in a designated class unless,

  (a)  the person markets a product in the class to a consumer in Ontario, including through the Internet, using a catalogue order system, using a telephone order system, or by a similar remote sales method; or

  (b)  the person satisfies the prescribed criteria.

Commercial connection

   (3)  For the purposes of subsection (2), a person who has a commercial connection to a product in a designated class means a person who,

  (a)  imports, wholesales, leases or retails the product, or is otherwise involved in the product’s distribution; or

  (b)  meets the prescribed conditions.

Same, determination

   (4)  For the purposes of subsections (1) and (2), the regulations may specify a person or may set out a method for determining who the person is.

Exclusion, person providing services

   (5)  A person does not have a commercial connection to a product by virtue only of the fact that the person provides services to someone who is required to carry out responsibilities under this Part in respect of the product.

Limitation

   (6)  A regulation shall not require a person mentioned in subsection (1) or (2) to carry out responsibilities under this Part in respect of material in a designated class unless,

  (a)  the person is the brand holder of a product in the class that is marketed to a consumer in Ontario, including through the Internet, using a catalogue order system, using a telephone order system, or by a similar remote sales method;

  (b)  the person markets a product in the class to a consumer in Ontario, including through the Internet, using a catalogue order system, using a telephone order system, or by a similar remote sales method; or

   (c)  the person satisfies the prescribed criteria.

Convenience packaging and transport packaging

   62.  (1)  Under this Part, a person may be required to carry out any one or more of the responsibilities mentioned in subsection 61 (1) with respect to convenience packaging or transport packaging in a designated class if,

  (a)  the person is the brand holder of a product that is or was contained in, on or under the packaging;

  (b)  in the case of convenience packaging, the person supplies convenience packaging in the class to a consumer in Ontario;

   (c)  in the case of transport packaging, the person first uses transport packaging in the class the person first causes transport packaging in the class to be used in the handling or transportation of a product marketed to a consumer in Ontario, if the final destination of the packaging is in Ontario; or

  (d)  the person satisfies the prescribed criteria.

Same, determination

   (2)  For the purposes of subsection (1), the regulations may specify a person or may set out a method for determining who the person is.

Interpretation

   63.  For the purposes of sections 61 and 62,

  (a)  a brand holder includes,

           (i)  a person who has been a brand holder but who no longer is, and

          (ii)  a person who was a brand holder before the day this section comes into force;

  (b)  a person who has a commercial connection to a product includes,

           (i)  a person who had a commercial connection to the product but who no longer does, and

          (ii)  a person who had a commercial connection to the product before the day this section comes into force;

   (c)  a person who supplies convenience packaging includes a person who has supplied the packaging but who no longer does; and

  (d)  a person who markets a product includes,

           (i)  a person who has marketed the product but who no longer does, and

          (ii)  a person who marketed the product before the day this section comes into force.

Other persons performing activity related to resource recovery or waste reduction

   64.  Under this Part, persons who are not described in section 61 or 62 but who perform an activity that relates to resource recovery or waste reduction in Ontario may be required to carry out responsibilities in any one or more of the following categories:

    1.  Registration, as described in section 66.

    2.  Promotion and education, as described in section 70.

    3.  Reporting and record keeping, as described in section 72.

    3.  Reporting, auditing and record keeping, as described in section 72.

More than one responsible person

   65.  For greater certainty, more than one person may be required to carry out responsibilities under this Part in respect of the same product and its primary packaging or in respect of the same convenience packaging or transport packaging.

Responsibilities

Responsibility to register

   66.  (1)  A regulation may provide that a person mentioned in section 61 or 62 is responsible for registering with the Authority through the Registry, in accordance with the regulations and with any procedures established by the Registrar under Part III, and for ensuring that the registration is kept up to date in accordance with the regulations.

Requirements

   (2)  Without limiting the generality of subsection (1), a regulation may require that a person include the following information in a registration:

    1.  A list or description of products and packaging in respect of which the person is required to carry out a responsibility under a regulation under section 67, 68, 69, or 70.

    2.  In the case of a person who retains someone else to provide services in relation to another person’s responsibilities under this Part, a list of the persons so retained and the services they have been retained to provide.

    3.  A description of how the person is fulfilling or plans to fulfil the person’s responsibilities under this Part.

    4.  Other information in respect of activities the person engages in that affect resource recovery or waste reduction in Ontario.

    2.  A description of how the person is fulfilling or plans to fulfil the person’s responsibilities under this Part.

    3.  The name of anyone the person retains to arrange for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to the person’s responsibilities under this Part and a description of the arrangements that person is retained to provide.

    4.  The name of anyone the person retains to operate a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to the person’s responsibilities under this Part and a description of the services that person is retained to provide.

    5.  Other information in respect of activities the person engages in that affect resource recovery or waste reduction in Ontario.

Other persons performing activity relating to resource recovery or waste reduction

   (3)  A regulation may provide that persons described in section 64 are responsible for registering with the Authority through the Registry, in accordance with the regulations and with any procedures established by the Registrar under Part III, and for ensuring that the registration is kept up to date in accordance with the regulations.

Requirements

   (4)  Without limiting the generality of subsection (3), a regulation may require that a person include the following information in a registration:

    1.  Information in respect of activities the person engages in that affect resource recovery or waste reduction in Ontario.

    2.  A description of how the person is fulfilling or plans to fulfil the person’s responsibilities under this Part.

    3.  The name of anyone the person retains to arrange for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part and a description of the arrangements that person is retained to provide.

    4.  The name of anyone the person retains to operate a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part and a description of the services that person is retained to provide.

    5.  The name of anyone who retains the person in respect of responsibilities under this Part and a description of the services the person is retained to provide.

Responsibility to reduce waste

   67.  (1)  A regulation may provide that a person mentioned in section 61 or 62 is responsible for reducing the amount of waste generated in connection with prescribed material in a designated class at the end of the material’s life in accordance with the prescribed requirements.

Limitation

   (2)  The following limitations apply to a regulation under subsection (1):

    1.  A person shall not be prescribed as being responsible for reducing waste unless the person,

            i.  is the brand holder of a product in a designated class, or

           ii.  supplies convenience packaging or transport packaging that displays a brand the person holds.

    2.  A person’s responsibility for reducing waste applies only in respect of the material with which the person is associated within a designated class.

Limitation

   (2)  The following limitations apply to a regulation under subsection (1):

    1.  A person’s responsibility for reducing waste applies only in respect of the material with which the person is associated within a designated class.

    2.  A person shall not be prescribed as being responsible for reducing waste unless the person,

            i.  is a brand holder of a product,

           ii.  supplies convenience packaging that displays a brand the person holds, or

          iii.  causes the use of transport packaging that displays a brand the person holds.

Design of product and packaging

   (3)  Without limiting the generality of subsection (1), a regulation may require that a person with a waste reduction responsibility in respect of a designated class take steps to design material in the class so as to,

  (a)  increase the material’s reusability and recyclability;

  (b)  reduce or eliminate any impact the material may have on the recyclability of other materials in the class;

   (c)  reduce the amount of waste generated at the end of the product’s or packaging’s life;

  (d)  reduce or eliminate the use of any substance in the material; or

  (e)  increase the use of recovered resources in the making of the material.

Responsibility for collection system

   68.  (1)  A regulation may provide that a person mentioned in section 61 or 62 is responsible for establishing and operating a collection system for prescribed material in a designated class in accordance with the prescribed requirements.

Requirements

   (2)  Without limiting the generality of subsection (1), a regulation may require that a person responsible for establishing and operating a collection system,

  (a)  must collect prescribed material in the designated class in accordance with the prescribed requirements;

  (b)  must collect the person’s own product, collect the packaging associated with the person’s own product, collect any product in the designated class, or collect any packaging in the designated class;

   (c)  must ensure that the collection system is operated for the prescribed period of time;

  (d)  must ensure that the prescribed services, facilities and activities for the collection of the material are provided in accordance with the prescribed requirements;

  (e)  must ensure that services, facilities and activities for the collection of the material that are prohibited under the regulations are not provided;

   (f)  must ensure that the material is collected in the prescribed quantities;

  (g)  must collect the material from a person who offers the material for collection or from another prescribed person; or

  (h)  must not engage in methods of collection that are prohibited under the regulations.

No charge

   (3)  A person responsible for establishing and operating a collection system shall ensure that the system does not impose a charge no charge is imposed at the time of the collection.

Part V of the Environmental Protection Act

   (4)  Products and packaging collected through a collection system required to be established and operated under this section are waste within the meaning of Part V of the Environmental Protection Act.

Same

   (5)  A collection system required to be established and operated under this section is a waste management system within the meaning of Part V of the Environmental Protection Act.

Responsibility to manage collected material

   69.  (1)  A regulation may provide that a person mentioned in section 61 or 62 who is prescribed under section 68 as being responsible for collecting material in a designated class is also responsible for establishing and operating a system, in accordance with the prescribed requirements, for managing the material collected in respect of that class.

Requirements

   (2)  Without limiting the generality of subsection (1), a regulation may provide that a person responsible for managing material shall handle, reuse, recycle, recover resources from, and dispose of the material in accordance with the prescribed requirements, and may provide that a person,

  (a)  must allow for the material or part of the material to be,

           (i)  reused for a purpose that is the same as or similar to its original purpose,

           (i)  reused,

          (ii)  used in the making of new products, packaging or other things, or

         (iii)  used as a nutrient for improving the quality of soil, agriculture or landscaping; or

  (b)  must not engage in methods of handling, reusing, recycling, recovering resources from, or disposing of the material that are prohibited under the regulations.

Part V of the Environmental Protection Act

   (3)  A system required to be established and operated under this section is a waste management system within the meaning of Part V of the Environmental Protection Act.

Responsibility for promotion and education

   70.  (1)  For the purpose of increasing the collection, reuse, recycling or recovery of material in a designated class, a regulation may provide that a person mentioned in section 61 or 62 is responsible for implementing a promotion and education program in respect of the collection system or management system for that class in accordance with the prescribed requirements.

Same

   (2)  For the purpose of increasing the collection, reuse, recycling or recovery of material in a designated class, a regulation may provide that persons performing an activity that relates to resource recovery or waste reduction in Ontario other than a person described in subsection (1) are responsible for implementing a promotion and education program in respect of the collection of material in a designated class in accordance with the regulations.

Contents of regulation

   71.  For the purposes of section 68 or 69 or subsection 70 (1), and without limiting the generality of those provisions, a regulation may provide that reduced or alternate responsibilities in respect of collection, management or promotion and education apply in respect of a person in circumstances where a material’s design satisfies prescribed requirements.

Responsibility for reporting, auditing and record keeping

Record keeping

   72.  (1)  A regulation may require that a person who is required to carry out a responsibility under section 67, 68, 69, or 70 shall create, maintain and store documents and data and shall submit the documents or data to the Authority.

Other persons performing activity relating to resource recovery or waste reduction

   (2)  A regulation may require a person performing an activity that relates to resource recovery or waste reduction in Ontario other than a person described in subsection (1) to create, maintain and store documents and data and to submit the documents or data to the Authority.

Audit

   (3)  A regulation may require a person who is required to carry out a responsibility under section 67, 68, 69, or 70 to cause an audit to be undertaken of the practices and procedures the person has implemented or will implement in order to comply with the applicable section, and the audit shall comply with any prescribed requirements.

Same, report to Authority

   (4)  A person who is required to cause an audit to be undertaken under subsection (3) shall, if the regulations require, prepare a report on the audit in accordance with the regulations and submit it to the Authority.

Contents of report

   (5)  The report referred to in subsection (4) shall set out the steps the person has taken to meet the requirements in this Part for which the person is responsible under this Part and any other prescribed information.

Opinion re accuracy

   (6)  The regulations may require that data, documents or reports required under this section be accompanied by the opinion of a prescribed person respecting the accuracy of the data, document or reports.

Other persons performing activity relating to resource recovery or waste reduction

   (7)  A regulation may require a person performing an activity that relates to resource recovery or waste reduction in Ontario other than a person described in subsection (1) to prepare an annual report in respect of the activity in accordance with the regulations and submit it to the Authority.

Manner of creation, etc.

   (8)  A person who is required to create, maintain or store documents or data under this section shall do so in accordance with any prescribed requirements.

Availability

   (9)  A person who is required to create, maintain or store documents and data under this section shall ensure the documents and data are made available in accordance with any prescribed requirements.

Manner of submission

   (10)  A person who is required to submit documents or data to the Authority under this section shall do so in accordance with any prescribed requirements and with any procedures established by the Registrar under Part III for submitting information through the Registry.

Compliance

   73.  A person who is required by a regulation made under this Part to carry out a responsibility shall do soand a person who is required by a regulation made under this Part to refrain from doing a thing shall refrain from doing it.

Dispute Resolution

Requirement for agreements

   74.  (1)  This section applies to the following persons:

    1.  A person mentioned in section 61 or 62 who is required to carry out responsibilities under section 68 or 69.

    2.  A person who provides services to a person described in paragraph 1 in relation to the responsibilities mentioned in paragraph 1.

Same

   (2)  A person to whom this section applies shall ensure that any agreement to which the person is a party related to the provision of services by a person described in paragraph 2 of subsection (1) contains provisions requiring the parties to submit to arbitration any dispute that has arisen or may arise between them that cannot be or has not been resolved through mediation.

Requirement for agreements

   74.  (1)  This section applies to the following persons:

    1.  A person mentioned in section 61 or 62 who is required to carry out responsibilities under section 68 or 69.

    2.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part.

    3.  A person who operates a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act and provides services in relation to another person’s responsibilities under this Part.

Same

   (2)  A person to whom this section applies shall ensure that any agreement to which the person is a party related to the provision of services by a person described in paragraph 2 or 3 of subsection (1) contains provisions requiring the parties to submit to arbitration any dispute that has arisen or may arise between them that cannot be or has not been resolved through mediation.

Prohibition on Sale

Prohibition on Marketing Prescribed Material

Prohibition on sale

   75.  (1)  No person shall sell or offer for sale material prescribed for the purposes of this section.

Prohibition on marketing prescribed material

   75.  (1)  No person shall market material in a designated class to a person in Ontario if the material has been prescribed for the purposes of this section.

Same

   (2)  The Lieutenant Governor in Council may prescribe material for the purpose of subsection (1) if,

  (a)  a collection system is required to be established and operated under section 68 in respect of the designated class to which the material belongs and a person obligated by the regulations to establish and operate the collection system has failed to establish it or has ceased to operate it; or

  (b)  a person who is required to carry out one or more responsibilities under this Part in respect of the material has habitually failed to carry out any of the responsibilities.

Part V
enforcement

General

Definitions

   76.  In this Part,

“Part IV regulations” means the regulations made under Part IV (Resource Recovery and Waste Reduction Responsibilities); (“règlements de la partie IV”)

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

Authority’s role

   77.  The Authority shall exercise powers and perform duties in relation to compliance with and enforcement of this Act.

Inspection

   78.  (1)  An inspector may, at any reasonable time, enter any place described in subsection (2) 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,

  (a)  the place contains documents or data relating to the person’s compliance; or

  (b)  an activity relating to the person’s compliance is occurring or has occurred at the place.

Same

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

  (a)  a person required under Part IV to carry out a responsibility under that Part;

  (b)  a person or entity retained to provide services in relation to another person’s responsibilities under Part IV; or

  (b)  a person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part; or

   (c)  the owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act.

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 81.

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 document or data, in any form, by any method.

    2.  Make a record of anything by any method.

    3.  Require the production of any document or data, in any form, required to be kept under this Act 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

   (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.

Records in electronic form

   (6)  If a record is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically, or both.

Limitation re removal of documents

   (7)  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

   (8)  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

   79.  (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 person required under Part IV to carry out a responsibility under that Part.

    2.  A person retained to provide services in relation to another person’s responsibilities under Part IV.

    2.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part.

    3.  The owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act.

    4.  A person required to pay a fee under subsection 41 (5).

    5.  A director, officer, employee or agent of a person described in paragraphs 1 to 4.

Same

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

Production of document

   (3)  In requiring a person to respond to an inquiry under subsection (1), an inspector may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry.

Records in electronic form

   (4)  If a record is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically, or both.

Identification

   80.  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

   81.  (1)  A justice may issue an order authorizing an inspector to do anything set out in subsection 78 (1) or (4) or section 79 if the justice is satisfied, on evidence under oath by an inspector, that there are reasonable grounds to believe that,

  (a)  it is appropriate for the inspector to do anything set out in subsection 78 (1) or (4) or section 79 for the purpose of determining any person’s compliance with this Act or the regulations;

  (b)  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 78 (1) or (4) or section 79,

         (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 78 (1) or (4) or section 79 might not achieve its purpose without the order; or

   (c)  a person is refusing or is likely to refuse to respond to reasonable inquiries.

Same

   (2)  Subsections 78 (5) to (8) apply to an inspection carried out under an order issued 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.

Detention of copies, samples

   82.  An inspector may detain copies or samples obtained under section 78 or 81 for any period and for any purpose relating to enforcing this Act and the regulations.

Calling for assistance of member of police force

   83.  An inspector who is authorized by an order under section 81 to do anything set out in subsection 78 (1) or (4) or section 79 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

   84.  (1)  During an inspection under section 78 or 81, an inspector may, without a warrant or court order, seize anything 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 anything 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

   85.  (1)  An inspector who seizes anything under section 84 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)  Section 159 of the Provincial Offences Act applies with necessary modifications in respect of a thing seized under section 84 of this Act.

Compliance Orders

Order by inspector: contraventions of Act and regulations

   86.  (1)  If an inspector reasonably believes any of the following persons is contravening or has contravened this Act or the regulations, the inspector may issue an order to the person, subject to the regulations:

    1.  A person required under Part IV to carry out a responsibility under that Part.

    2.  A person required to pay a fee under subsection 41 (5).

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 87.

What order may require

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

  (a)  remedying a contravention of this Act or the regulations;

  (a)  remedying a contravention of Part III or IV of this Act or the regulations made in respect of those Parts;

  (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, measuring, monitoring and reporting with respect to material in a class designated under the Part IV regulations; 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. 86

   87.  (1)  A person to whom an order under section 86 is directed may, within seven days after being served with a copy of the order, request that a Deputy Registrar review the order.

Exception

   (2)  If the order under section 86 was made by an inspector who is also the Registrar or a Deputy Registrar, subsection (1) does not apply and section 91 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 Deputy Registrar to consider; and

   (c)  for the purpose of subsection (8), an address that may be used for service.

No automatic stay

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

Decision of Deputy Registrar

   (6)  After reviewing the request, the Deputy 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 Deputy Registrar may substitute his or her own opinion for that of the inspector.

Notice of decision

   (8)  The Deputy 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 Deputy 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 Deputy Registrar.

Same

   (10)  For the purpose of section 91 and a hearing required under that section, a confirming order deemed to have been made by the Deputy 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).

Additional time

   (11)  Subsections (9) and (10) do not apply if, within seven days after receiving the request for review, the Deputy Registrar stays the order under subsection (5) and serves written notice on the person requesting the review specifying,

  (a)  that the Deputy Registrar requires additional time to make a decision under subsection (6); and

  (b)  the date by which the decision will be made.

Renewal

   (12)  A notice under subsection (11) may be renewed one or more times.

90 day limitation

   (13)  The Deputy Registrar’s decision shall be made, in any event, no later than 90 days after the day the written request for review or written confirmation of an oral request for review was received.

Compliance with order

   88.  A person to whom an order is directed shall comply with the order or with the order as amended under clause 87 (6) (b) or varied under section 96, as the case may be.

Administrative Penalties

Administrative penalties

   89.  (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 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 41 (5);

  (b)  subsection 68 (3);

   (c)  section 73;

  (d)  subsection 75 (1); or

  (e)  a provision of the Act or regulations that is prescribed for the purposes of this section.

Same

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

  (a)  to a person required to pay a fee under subsection 41 (5);

  (b)  to a person required under Part IV to carry out a responsibility under that Part;

   (c)  to a person who fails to respond to an inquiry made under section 79; or

  (d)  to a prescribed person.

Administrative penalties

   89.  (1)  An administrative penalty may be imposed under this section for one or more of the following purposes:

    1.  To ensure compliance with this Act and the regulations.

    2.  To prevent a person 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 41 (5);

  (b)  a requirement under subsection 50 (4) to file information, reports, records or documents that are complete and accurate;

   (c)  subsection 68 (3);

  (d)  subsection 75 (1);

  (e)  section 79; or

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

Same

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

  (a)  to a person required to pay a fee under subsection 41 (5);

  (b)  to a person required under Part IV to carry out a responsibility under that Part;

   (c)  to a person who fails to respond to an inquiry made under section 79;

  (d)  to a person prohibited from marketing a product under subsection 75 (1); or

  (e)  to a prescribed person.

Limitation

   (4)  An order under 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 directors, officers, employees 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 be issued to the corporation and not to a director, officer, employee 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.

Contents

   (7)  An order under 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 91.

Absolute liability

   (8)  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

   (9)  For greater certainty, nothing in subsection (8) affects the prosecution of an offence.

Payment prevents conviction

   (10)  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

   90.  (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

   91.  (1)  A person to whom any of the following orders is directed may require a hearing by the Tribunal in accordance with subsection (2):

    1.  An order made under subsection 86 (1) by an inspector who is also the Registrar or a Deputy Registrar.

    2.  An order made under clause 87 (6) (b) by a Deputy Registrar.

    3.  An order deemed to have been confirmed by order of a Deputy Registrar under subsection 87 (9).

    4.  An order made under subsection 89 (2) by the Registrar or a Deputy Registrar.

Same

   (2)  The person may require the hearing by written notice served on the Registrar or Deputy Registrar who made the order, and on the Tribunal, within 15 days after the person is served with the order.

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

   92.  The Tribunal shall extend the time in which a person may give a notice under section 91 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, for a reason described in subsection 100 (4),to bring the order to the person’s attention.

Contents of notice requiring hearing

   93.  (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

   94.  (1)  The commencement of a proceeding before the Tribunal stays the operation of an order under section 89.

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

   95.  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

   96.  (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.

Limitation

   (2)  If the hearing relates to an order to pay a penalty imposed under section 89, the Tribunal shall not vary the amount of the penalty unless it considers the amount to be unreasonable.

Appeals from Tribunal

   97.  (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, with leave of 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

   98.  (1)  A person who contravenes a provision of this Act that is listed in subsection (2) or a provision of the regulations is guilty of an offence.

List

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

    1.  Subsection 41 (5).

    2.  Subsection 68 (3).

    3.  Section 73.

    4.  Section 74.

    5.  Subsection 75 (1).

    6.  Section 88.

Failure to comply with Director’s direction under section 17

   (3)  A person or entity that contravenes section 17 is guilty of an offence.

Authority

   (4)  If the Authority knowingly contravenes this Act or the regulations, it is guilty of an offence.

Individuals

   (5)  A director, officer, employee or agent of the Authority who knowingly contravenes section 11.2 of the Auditor General Act, as incorporated with necessary modifications by subsection 43 (3), is guilty of an offence.

Directors, officers, employees and agents

   (6)  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, individual

   (7)  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

   (8)  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.

Penalty re monetary benefit

   (9)  The court that convicts a person of an offence under this section may, in addition to any other penalty imposed by the court, 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 (7) or (8).

Additional orders

   (10)  The court that convicts a person of an offence 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

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

Limitation

   (12)  A proceeding under this section against a person described in subsection (1) shall not be commenced more than two years after the day on which evidence of the offence first came to the attention of a provincial offences officer designated under the Provincial Offences Act.

Same, Authority

   (13)  A proceeding under this section against the Authority, or against a member of the board of directors or 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 day on which evidence of the offence first came to the attention of a provincial offences officer designated under the Provincial Offences Act.

Limitation

   (12)  A proceeding under this section shall not be commenced more than two years after the day on which evidence of the offence first came to the attention of a provincial offences officer designated under the Provincial Offences Act.

Obstruction, etc.

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

False information

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

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

  (b)  a person required to carry out a review under clause 31 (2) (b);

   (c)  an administrator appointed under section 54; or

  (d)  the Minister, the Ministry, or an employee or agent of the Ministry.

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 purpose of this Act or the regulations to,

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

  (b)  a person required to carry out a review under clause 31 (2) (b);

   (c)  an administrator appointed under section 54;

  (d)  a person appointed as a Director under section 16; or

  (e)  the Minister, the Ministry, or an employee or agent of the Ministry.

Offence

   (5)  Any person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence, and subsections 98 (6) to (10) subsections 98 (6) to (12) apply with necessary modifications.

Miscellaneous

Serving a document

   100.  (1)  Any notice, order or other document that is required to be served on a person under this Act is sufficiently 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 illnessaccident, disability or illness.

Exception

   (5)  For greater certainty, subsection (1) does not apply to the service of documents on the Tribunal or the Authority.

Proof

Office and signature

   101.  (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; and

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

Part VI
Regulations

General

Regulations, Lieutenant Governor in Council

   102.  The Lieutenant Governor in Council may make regulations,

  (a)  respecting anything that may or must be prescribed, done or provided for by regulation, and for which a specific power is not otherwise provided in this Act;

  (b)  exempting any person or entity from any provision of this Act or the regulations and prescribing conditions for the exemptions from this Act and the regulations;

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

  (d)  prescribing related things for the purposes of the provincial interest described in section 2;

  (e)  governing such transitional matters as the Lieutenant Governor in Council considers necessary or advisable to facilitate the implementation of this Act;

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

Regulations, general rules

   103.  (1)  A regulation may be limited as to time or place, or both, and may exclude any place from the application of the regulation.

Same, geographic areas

   (2)  A regulation may provide that different responsibilities in respect of resource recovery or waste reduction apply in different geographic areas of Ontario.

Adoption by reference

   (3)  A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.

Rolling incorporation by reference

   (4)  The power to adopt by reference and require compliance with a document in subsection (3) includes the power to adopt a document as it may be amended from time to time.

When amendment effective

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

Regulations, Part II

   104.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing persons and entities for the purpose of paragraph 5 of subsection 10 (1);

  (b)  prescribing persons, entities and activities for the purpose of paragraph 5 of subsection 12 (1);

   (c)  prescribing Acts for the purpose of paragraph 10 of subsection 12 (2);

  (d)  prescribing provisions and Acts for the purpose of paragraph 6 of subsection 12 (3);

  (e)  prescribing instruments for the purpose of subsection 14 (5);

   (f)  prescribing instruments for the purpose of clause 15 (2) (b);

  (g)  prescribing plans and provisions of plans for the purpose of clause 15 (4) (e);

  (h)  prescribing persons, entities and activities for the purpose of paragraph 3 of subsection 17 (2);

    (i)  governing reviews and reports and the provision of information and reports under section 17, including,

           (i)  governing their contents, and

          (ii)  requiring that specified parts of a report be certified in the specified way by a person with specified qualifications.

Regulations, Part III, Lieutenant Governor in Council

   105.  The Lieutenant Governor in Council  may make regulations,

  (a)  limiting the capacity, rights, powers or privileges of the Authority for the purposes of subsection 34 (1);

  (b)  permitting and governing, for the purposes of subsection 34 (2), the establishment of subsidiary corporations of the Authority, including,

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

          (ii)  providing for their management,

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

         (iv)  prescribing provisions of the Corporations Act and the Corporations Information Act that apply to subsidiary corporations;

   (c)  governing commercial activities referred to in subsection 34 (3) that the Authority may engage in through an individual, corporation or other entity, including respecting the manner in which an entity may or may not be related to the Authority, to a member of its board of directors or to an officer of the Authority for the purposes of that subsection;

  (d)  prescribing limitations or requirements for the purpose of subsection 41 (3);

  (e)  governing the establishment, maintenance and operation of the Registry, including requiring electronic submissions;

   (f)  governing or prohibiting the posting of information on the Registry;

  (g)  governing procedures for submitting information through the Registry or to the Authority;

  (h)  prescribing the timing and requirements relating to periodic updating of submissions;

    (i)  respecting the manner in which the Authority must provide information to the Minister under section 53, including, without limitation, requiring the Authority to identify information the Authority is providing to the Minister in confidence before providing it to the Minister;

    (j)  requiring the Authority to follow processes and procedures with respect to providing access to the public to records of the Authority or with respect to managing personal information contained in those records and governing those processes and procedures;

   (k)  prescribing purposes for the Registry;

    (l)  prescribing further circumstances, for the purposes of clause 57 (2) (g), under which disclosure is permitted;

(m)  requiring the Authority to disclose, to the public, information relating to compensation and any other payments that it makes or is required to make to members of the Authority’s board of directors, officers or employees and governing the disclosure.

Regulations, Part III, Minister

   106.  (1)  The Minister may make regulations,

  (a)  prescribing the maximum number of board members to be appointed under paragraph 1 of subsection 25 (2);

  (b)  prescribing the maximum number of board members to be elected under paragraph 2 of subsection 25 (2);

   (c)  prescribing the procedures for the election of board members under paragraph 2 of subsection 25 (2);

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

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

   (f)  prescribing the number of board members that constitutes a quorum for the purposes of subsection 25 (13);

  (g)  prescribing a date for the purpose of subsection 26 (3);

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

Restriction, maximum numbers of board members

   (2)  The maximum number of board members prescribed under clause (1) (b) must always be greater than the maximum number prescribed under clause (1) (a).

Regulations, Part IV

   107.  The Lieutenant Governor in Council may make regulationsfor the purposes of Part IV,

  (a)  respecting anything that, under Part IV, may or must be prescribed, done or provided for by regulation;

  (b)  respecting convenience packaging, primary packaging and transport packaging, and what constitutes each type of packaging for the purposes of Part IV;

   (c)  prescribing information, reports, records or documents to be included with a registration;

  (d)  prescribing the location at which documents or data must be created, stored or made available;

  (e)  providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission;

   (f)  governing reports required under section 72;

  (g)  governing audits required under section 72, including governing standards for independent audits required under that section, qualifications for auditors and requirements for certification of audits.

Regulations, Part V

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

  (a)  specifying the form and content of orders under Part V;

  (b)  governing the administrative penalties that may be imposed under section 89;

   (c)  prescribing provisions of the Act or the regulations for the purposes of clause 89 (2) (e);

  (d)  prescribing persons to whom an order may be issued for the purposes of clause 89 (3) (d);

   (c)  prescribing provisions of this Act or the regulations for the purposes of clause 89 (2) (f);

  (d)  prescribing persons to whom an order may be issued for the purposes of clause 89 (3) (e);

  (e)  prescribing criteria for the purposes of subsection 94 (2);

   (f)  specifying other means of giving a document for the purposes of clause 100 (1) (g), and specifying the day on which a document given by those means is deemed to have been received.

Same, administrative penalties

   (2)  Without limiting the generality of clause (1) (b), a regulation governing administrative penalties may,

  (a)  despite subsection 89 (2), prescribe circumstances in which an administrative penalty may not be imposed;

  (b)  prescribe criteria the Registrar or a Deputy Registrar is required or permitted to consider when imposing a penalty under section 89;

   (c)  governing the determination of the amount of administrative penalties for the purposes of subsection 89 (6);

  (d)  authorize a penalty to be imposed for each day or part of a day on which a contravention continues;

  (e)  authorize higher penalties for a second or subsequent contravention;

   (f)  require that the penalty be paid before a specified deadline or before a deadline specified by the Registrar or a Deputy Registrar;

  (g)  authorize the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees;

  (h)  establish a maximum cumulative penalty payable in respect of a contravention or in respect of contraventions during a specified period.

Part VIi
amendments, commencement and short title

Amendments to this Act

Amendments to this Act related to the Not-for-Profit Corporations Act, 2010

   109.  (1)  Section 35 of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

   (2)  Subclause 105 (b) (iv) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

   (3)  Clause 106 (1) (h) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement and Short Title

Commencement

   110.  (1)  Subject to subsections (2) to (4), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  Subsection 109 (1) comes into force on the later of the day section 35 of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Same

   (3)  Subsection 109 (2) comes into force on the later of the day clause 105 (b) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Same

   (4)  Subsection 109 (3) comes into force on the later of the day clause 106 (1) (h) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

   111.  The short title of the Act set out in this Schedule is the Resource Recovery and Circular Economy Act, 2016.

schedule 2
waste diversion transition act, 2016

CONTENTS

 

 

General

 

  1.

  2.

  3.

  4.

Purposes

Interpretation

Application

No new approvals, etc.

 

Resource Productivity and Recovery Authority

 

  5.

  6.

  7.

  8.

Authority’s duties

Annual report

Operating agreement

No personal liability

 

Waste Diversion Programs

 

  9.

10.

11.

12.

13.

14.

Waste diversion programs continued

Contents of waste diversion program

Blue box program payments to municipalities

Material change to waste diversion program

Change required by Minister

Winding up

 

Industry Funding Organizations —Corporate Matters

 

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

Continuation of industry funding organizations, designations

Composition

Management

Chair

Quorum

Voting

By-laws

Remuneration and expenses

Corporations Act and Corporations Information Act

Capacity and powers

Not a Crown agent

Protection from liability: Crown

Protection from liability: directors, etc.

Fiscal year

Auditor

Annual report, industry funding organization

Information to Authority

 

Operation of Waste Diversion Programs

 

32.

33.

34.

35.

Program operation

Rules relating to stewards

Payment of stewardship fees

Existing funds continued

 

Industry Stewardship Plans

 

36.

37.

38.

39.

40.

41.

Existing industry stewardship plans continued

Industry stewardship plan approvals

List of plans

Exemption from stewardship fees, records, etc.

Annual report, person responsible for industry stewardship plan

Fees

 

Crown’s Costs

 

42.

Contribution to defray cost

 

Appointment of Administrator

 

43.

44.

Administrator

Appointment of administrator, effect on board

 

Compliance and Enforcement

 

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

Inspectors

Who may be appointed

Use of writing

Inspection

Power to require response to inquiries

Identification

Order for entry or inspection

Detention of copies

Calling for assistance of member of police force

Seizure during inspection

Report to justice, things seized

Administrative penalties

Failure to pay administrative penalty when required

Appeal of order

Extension of time for requiring hearing

Contents of notice requiring hearing

Stay on appeal

Parties

Powers of Tribunal

Appeals from Tribunal

Offences

Obstruction, etc.

 

Miscellaneous

 

67.

68.

69.

70.

71.

72.

Serving a document

Proof

Brewers Retail Inc.

Confidentiality of information

Liability, administrator under Resource Recovery and Circular Economy Act, 2016

Act binds Crown

 

Regulations

 

73.

74.

Regulations, Lieutenant Governor in Council

Regulations under old Act continued

 

Amendments and Repeals

 

75.

76.

77.

Repeal of Waste Diversion Act, 2002

Repeal of this Act

Amendments to this Act related to the Not-for-Profit Corporations Act, 2010

 

Commencement and Short Title

 

78.

79.

Commencement

Short title

______________

 

General

Purposes

   1.  The purposes of this Act are,

  (a)  to promote the reduction, reuse and recycling of waste;

  (b)  to provide for the operation of waste diversion programs; and

   (c)  to promote the orderly winding up of waste diversion programs and industry funding organizations in order to allow responsibility for waste to be governed under the Resource Recovery and Circular Economy Act, 2016 or otherwise.

Interpretation

   2.  In this Act,

“Authority” means the Resource Productivity and Recovery Authority continued under Part III of the Resource Recovery and Circular Economy Act, 2016; (“Office”)

“blue box waste” means material prescribed as blue box waste by the regulations; (“déchets destinés à la boîte bleue”)

“Deputy Registrar” means a Deputy Registrar of the Authority appointed under the Resource Recovery and Circular Economy Act, 2016; (“registrateur adjoint”)

“designated waste” means blue box waste or material prescribed as a designated waste by the regulations; (“déchets désignés”)

“industry funding organization” means a corporation continued under section 15 as an industry funding organization that is designated for a waste diversion program; (“organisme de financement industriel”)

“industry stewardship plan” means a plan for the management of a designated waste operated by, or for the benefit of, one or more stewards who are designated in respect of that waste; (“plan de gérance industrielle”)

“Minister” means the Minister of the Environment and Climate Change or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

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

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

“Registrar” means the Authority’s Registrar appointed under the Resource Recovery and Circular Economy Act, 2016; (“registrateur”)

“Registry” means, except where the context requires otherwise, the Resource Productivity and Recovery Registry established under the Resource Recovery and Circular Economy Act, 2016; (“Registre”)

“regulations” means the regulations made under this Act; (“règlements”)

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

“waste diversion program” means a program continued under section 9. (“programme de réacheminement des déchets”)

Application

   3.  This Act applies with respect to waste diversion programs on and after the day the Waste Diversion Act, 2002 is repealed under section 75.

No new approvals, etc.

   4.  (1)  For greater certainty, on and after the day section 75 comes into force,

  (a)  no new industry funding organizations shall be established;

  (b)  no new waste diversion programs shall be approved; and

   (c)  no new industry stewardship plans shall be approved other than in accordance with section 37.

In-progress applications discontinued

   (2)  On the day section 75 comes into force,

  (a)  any applications to approve an industry stewardship plan that have been submitted but not yet decided under section 34 of the old Act are discontinued, subject to subsection (3); and

  (b)  any waste diversion programs or amendments to waste diversion programs that have been submitted to the Minister but not yet decided under section 26 of the old Act are deemed not to have been approved.

Exception

   (3)  Clause (2) (a) does not apply to an application in respect of a plan that relates to a designated waste in respect of which an industry stewardship plan is continued under section 36 and remains in effect.

Resource Productivity and Recovery Authority

Authority’s duties

   5.  The Authority shall,

  (a)  oversee the operation by industry funding organizations of waste diversion programs for designated wastes in accordance with this Act, and monitor the effectiveness and efficiency of those programs;

  (b)  monitor the effectiveness of industry stewardship plans continued under section 36 or approved under section 37;

   (c)  exercise powers and perform duties in relation to compliance with and enforcement of this Act;

  (d)  oversee the orderly winding up of industry funding organizations and the winding up of waste diversion programs, in full or in respect of a designated waste, in accordance with this Act;

  (e)  exercise the powers and perform the duties that, as of the day before section 21 of the Resource Recovery and Circular Economy Act, 2016 comes into force, were exercised and performed by Waste Diversion Ontario with respect to a waste diversion program approved by the Minister under the old Act;

   (f)  exercise the powers and perform the duties given to the Authority with respect to a waste diversion program under this Act;

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

  (h)  seek to ensure that waste diversion programs operated under this Act affect Ontario’s marketplace in a fair manner;

    (i)  determine the amount of money required by the industry funding organizations to carry out their responsibilities under this Act; and

    (j)  establish a dispute resolution process for,

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

          (ii)  disputes between an industry funding organization and a person in respect of the application of rules made by the industry funding organization under section 33 or regulations made by the Lieutenant Governor in Council under subsection 73 (4).

Annual report

   6.  (1)  The Authority’s annual report required under Part III of the Resource Recovery and Circular Economy Act, 2016 shall include information with respect to the Authority’s activities under this Act.

Contents

   (2)  The information mentioned in subsection (1) shall include the following:

    1.  A description of the consultation undertaken by the Authority under subsection 12 (2), 13 (2) or 14 (8) or otherwise, during the previous year, and a summary of the results of the consultation.

    2.  Information about waste diversion programs operated under this Act during the previous year, including information about any changes to the programs.

    3.  Information about any plans the Authority has approved during the previous year to wind up a waste diversion program in full or in respect of a designated waste, and information about their implementation.

    4.  A summary of compliance and enforcement activities carried out under this Act during the previous year.

    5.  A copy of every report an industry funding organization has provided to the Authority under section 30 in respect of the previous year.

    6.  A copy of every report a person responsible for the operation of an industry stewardship plan has provided to the Authority under section 40 in respect of the previous year.

    7.  A copy of the report submitted by Brewers Retail Inc. under subsection 69 (3) in respect of the previous year.

Contents

   (2)  The information mentioned in subsection (1) shall include the following:

    1.  A description of any consultations undertaken during the previous fiscal year by the Authority under this Act or otherwise, and a summary of the results of the consultations.

    2.  Information about waste diversion programs operated under this Act during the previous fiscal year, including information about any changes to the programs.

    3.  Information about any plans the Authority has approved during the previous fiscal year to wind up a waste diversion program in full or in respect of a designated waste, and information about their implementation.

  3.1  Information about any plans the Authority has approved during the previous fiscal year to wind up an industry funding organization, and information about their implementation.

    4.  A summary of compliance and enforcement activities carried out under this Act during the previous fiscal year.

    5.  A copy of every report an industry funding organization has provided to the Authority under section 30 in respect of the previous fiscal year.

    6.  A copy of every report a person responsible for the operation of an industry stewardship plan has provided to the Authority under section 40 in respect of the previous fiscal year.

    7.  A copy of the report submitted by Brewers Retail Inc. under subsection 69 (3) in respect of the previous year.

Transition, first report

   (3)  Despite subsection (2), the first report made by the Authority after section 75 comes into force shall include the following:

    1.  Information about waste diversion programs developed, implemented and operated under the old Act during the fiscal year before section 75 comes into force.

    2.  The information and reports described in paragraphs 3 to 7 of subsection (2), with the following modifications:

    2.  The information and reports described in subsection (2), with the following modifications:

            i.  Paragraph 5 of subsection (2) shall be read as including a reference to reports provided under section 33 of the old Act.

           ii.  Paragraph 6 of subsection (2) shall be read as including a reference to reports provided under subsection 34 (5) of the old Act.

          iii.  Paragraph 7 of subsection (2) shall be read as referring to the report submitted by Brewers Retail Inc. under subsection 35 (3) of the old Act.

Operating agreement

   7.  The operating agreement between the Minister and the Authority required under the Resource Recovery and Circular Economy Act, 2016 shall include matters that the Minister considers advisable in the public interest relating to carrying out the Authority’s duties under this Act.

No personal liability

   8.  (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.

Authority’s liability

   (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.

Waste Diversion Programs

Waste diversion programs continued

   9.  (1)  The following waste diversion programs, which were approved under section 26 of the old Act, are continued until they are wound up under this Act:

    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.

Agreements and rules

   (2)  For greater certainty,

  (a)  the agreements between Waste Diversion Ontario and the industry funding organizations that were required by subsection 25 (3) of the old Act and that form part of the waste diversion programs mentioned in subsection (1) are continued if they were in effect immediately before the day this section comes into force; and

  (b)  the rules made under section 30 of the old Act that were set out in an agreement referred to in subsection 25 (3) of the old Act are continued if they were in effect immediately before the day this section comes into force.

Availability to public

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

Contents of waste diversion program

   10.  (1)  A waste diversion program shall continue to meet the requirements of this section and, subject to section 14, no change shall be made that is inconsistent with these requirements.

Same

   (2)  A waste diversion program 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 waste diversion program.

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

Same

   (3)  A waste diversion program shall not promote any of the following:

    1.  Burning the waste.

    2.  Landfilling the waste.

    3.  The application of the waste to land.

    4.  Any activity prescribed by the regulations for the purposes of this paragraph.

Program agreements

   (4)  A waste diversion program must include an agreement between the Authority and the industry funding
organization that is designated for the waste diversion program governing the role of the industry funding orga­nization in the operation of the program and governing the exercise of the industry funding organization’s powers under this Act.

Blue box program payments to municipalities

   11.  (1)  The 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

   (2)  For the purposes of subsection (1), the applicable percentage is 50 per cent or such greater percentage as is prescribed by the regulations for the purposes of this subsection.

Blue box program payments to municipalities

   11.  (1)  The waste diversion program for blue box waste must 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

   (2)  For the purposes of subsection (1), the applicable percentage is 50 per cent or such greater percentage as is prescribed by the regulations for the purposes of this subsection.

Change by Minister

   (3)  The Minister may, if he or she considers it advisable in the public interest for the purposes of this Act, change the waste diversion program for blue box waste to determine the total annual amount that shall be paid to municipalities under the program in respect of the period specified in the change.

Consultation

   (4)  Before making a change described in subsection (3), the Minister shall consult with Stewardship Ontario and representatives of municipalities.

Application of Environmental Bill of Rights, 1993

   (5)  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 change under subsection (3) and, for that purpose, the change is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act.

Effect of change under subs. (3)

   (6)  A change described in subsection (3) has the same effect as a change approved by the Minister under section 12 or 13.

Retroactive effect

   (7)  A change to the waste diversion program for blue box waste under subsection (3) may be retroactive to a date that is no earlier than January 1 in the year before the change is made, but in no case shall the change be retroactive to a date that is earlier than January 1, 2016.

Conflict

   (8)  If there is a conflict between a change made by the Minister to the waste diversion program for blue box waste under subsection (3) and a change resulting from a wind-up plan approved under section 14 in respect of the program, the Minister’s change prevails.

Material change to waste diversion program

   12.  (1)  A material change may be made to a waste diversion program only after the material change is approved by the Minister under subsection (5).

Consultation

   (2)  The Authority and the relevant industry funding organization shall determine which persons they consider to be affected by the proposed material change and how to consult those persons about it, and shall conduct consultations accordingly.

Consultation

   (2)  The Authority and the industry funding organization designated for the waste diversion program shall consult about any proposed material change with,

  (a)  representatives of municipalities;

  (b)  representatives of persons who are designated under rules made by an industry funding organization under section 33 or regulations made under subsection 73 (4) as stewards in respect of the designated waste to which the waste diversion program applies; and

   (c)  any other persons the Authority and the industry funding organization consider to be affected by the proposed material change.

Submission to Minister

   (3)  If the Authority approves the proposed material change, it shall submit it to the Minister for his or her consideration.

Same

   (4)  If the Minister requests further information with respect to the proposed material change, the Authority shall provide it within the time specified by the Minister.

Minister’s decision

   (5)  After reviewing the Authority’s submission, the Minister may approve the proposed change if he or she considers it advisable to do so in the public interest for the purposes of this Act, and the Minister 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 proposal for a material change submitted to the Minister under subsection (3) and, for that purpose, the proposed material change is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act.

Change required by Minister

   13.  (1)  The Minister may require the Authority and an industry funding organization to develop a proposal for a change to a waste diversion program.

Consultation

   (2)  The Authority and the relevant industry funding organization shall determine which persons they consider to be affected by the proposed change and how to consult those persons about it, and shall conduct consultations accordingly.

Consultation

   (2)  The Authority and the industry funding organization designated for the waste diversion program shall consult about any proposed change with,

  (a)  representatives of municipalities;

  (b)  representatives of persons who are designated under rules made by an industry funding organization under section 33 or regulations made under subsection 73 (4) as stewards in respect of the designated waste to which the waste diversion program applies; and

   (c)  any other persons the Authority and the industry funding organization consider to be affected by the proposed change.

Timeline

   (3)  The Minister may specify a date by which the proposed change must be submitted to him or her for approval.

Submission to Minister

   (4)  If the Authority approves the proposed change, it shall submit the change to the Minister for his or her consideration and shall include particulars of any matters that are unresolved at the time of the submission.

Minister’s powers

   (5)  After reviewing the Authority’s submission, the Minister may approve the proposed change or make such changes to the program as he or she considers advisable in the public interest for the purposes of this Act and shall give the decision in writing.

Same

   (6)  If no submission is received under subsection (4), the Minister may make such changes to the program as he or she considers advisable in the public interest for the purposes of this Act.

Application of Environmental Bill of Rights, 1993

   (7)  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 proposal for a change submitted to the Minister under subsection (4) and, for that purpose, the proposed change is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act.

Winding up

   14.  (1)  The Minister may, in writing, direct an industry funding organization to develop a plan to wind up a waste diversion program in full or in respect of a designated waste and to submit the plan to the Authority for approval, and the industry funding organization shall comply with the direction.

Non-application of sections 12 and 13

   (2)  On and after the day the Minister makes a direction under subsection (1) to wind up the program in full, sections 12 and 13 do not apply to the waste diversion program.

Winding up

   14.  (1)  An industry funding organization that receives a written direction from the Minister under this section to wind up a waste diversion program in full or in respect of a designated waste shall develop a plan in accordance with this section and shall submit it to the Authority for approval.

Direction re winding up industry funding organization

   (1.1)  A direction under this section to wind up a waste diversion program in full may also require the industry funding organization to develop a plan for winding itself up in accordance with any provisions of the Corporations Act that are prescribed to apply to it.

Discretionary direction

   (1.2)  The Minister may, at any time, direct an industry funding organization to wind up a waste diversion program in full or in respect of a designated waste, subject to subsection (1.3).

Mandatory direction

   (1.3)  The Minister shall direct an industry funding organization to wind up a waste diversion program in full if,

  (a)  material prescribed as a designated waste to which the program applies is also prescribed under the Resource Recovery and Circular Economy Act, 2016as material in a designated class within the meaning of that Act; and

  (b)  a regulation under the Resource Recovery and Circular Economy Act, 2016imposes one or more of the responsibilities mentioned in Part IV of that Act in respect of the material.

Same, timing

   (1.4)  A direction under subsection (1.3) shall be made within 90 days after a regulation described in clause (1.3) (b) is filed with the Registrar of Regulations in accordance with Part III (Regulations) of the Legislation Act, 2006.

Same

   (1.5)  Subsection (1.4) applies regardless of whether any provision of the regulation described in clause (1.3) (b) that imposes a responsibility in respect of the material is in force.

Application of subs. (1.3)

   (1.6)  Subsection (1.3) applies with respect to,

  (a)  the waste diversion program for municipal hazardous or special waste;

  (b)  the waste diversion program for used tires; and

   (c)  the waste diversion program for waste electrical and electronic equipment.

Non-application of subs. (1.3), ss. 12 and 13

   (2)  On and after the day the Minister makes a direction to wind up a program in full, subsection (1.3) and sections 12 and 13 do not apply to the program.

Same

   (3)  On and after the day the Minister makes a direction under subsection (1) to wind up the program in respect of a designated waste, sections 12 and 13 do not apply in respect of the program’s application to that designated waste.

Timeline

   (4)  In a directionunder subsection (1), the Minister may specify a date by which the plan must be submitted to the Authority and may specify a timeline for the implementation of the plan, including a timeline for the program, or a part of it, to cease operation.

Same

   (5)  The Minister may, in writing, extend the timelines referred to in subsection (4).

Contents of plan

   (6)  The plan shall include the following:

    1.  A description of the designated waste that will no longer be included in the program.

    2.  A description of how the program will be operated while the plan is being implemented.

    3.  A proposed timeline according to which key aspects of the plan will be implemented.

    4.  A proposal for dealing with the affected assets, liabilities, rights and obligations of any affected industry funding organization.

    5.  A proposal for transferring or sharing data that is within the industry funding organization’s custody or control and that relates to the waste that will no longer be included in the program.

    6.  A description of changes to the program that are anticipated to be necessary to implement the plan.

    7.  Any other information the Minister specifies.

Consultation

   (7)  In developing the plan, the industry funding organization shall determine which persons it considers to be affected by the winding up, including members of the public, and how to consult those persons about it, and shall conduct consultations accordingly.

Same, Authority

   (8)  In assessing the plan, the Authority shall determine which persons it considers to be affected by the winding up, including members of the public, and how to consult those persons about it, and shall conduct consultations accordingly.

Consultation

   (7)  In developing the plan, the industry funding organi­zation shall consult with,

  (a)  representatives of municipalities;

  (b)  representatives of persons who are designated as stewards under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (4) in respect of the designated waste to which the waste diversion program applies; and

   (c)  any other persons the industry funding organization considers to be affected by the winding up.

Consultation

   (8)  In assessing the plan, the Authority shall consult with,

  (a)  representatives of municipalities;

  (b)  representatives of persons who are designated as stewards under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (4) in respect of the designated waste to which the waste diversion program applies; and

   (c)  any other persons the Authority considers to be affected by the winding up.

Approval

   (9)  After reviewing the industry funding organization’s submission, the Authority may approve the plan, but the plan shall not be approved unless it is consistent with the Minister’s directionunder subsection (1).

Same

   (10)  An approval under subsection (9) shall be in writing and may include the conditions the Authority determines are appropriate.

Amendments

   (11)  The Minister may, in writing, direct the industry funding organization to develop amendments to a plan approved under subsection (9), and subsections (4) to (10) apply with necessary modifications in respect of the amendment.

Implementation of plan

   (12)  On receiving the Authority’s approval of the wind up plan or the amended wind up plan, the industry funding organization shall implement it in accordance with,

  (a)  the timeline specified by the Minister, if any; and

  (b)  any conditions specified by the Authority in the approval.

Deemed changes to program

   (13)  On the day the Authority approves the wind up plan or the amended wind up plan, the waste diversion program is deemed to be changed as necessary to implement the plan.

Final report, full wind up plan

   (14)  An industry funding organization that has implemented an approved plan to wind up a program in full shall prepare a final report to the Authority and the Minister setting out the steps that were taken to implement the plan and confirming that the plan has been implemented.

Notice of termination, plan to wind up in full

   (15)  When a plan to wind up a program in full has been implemented and the Minister has received the final report described in subsection (14), the Minister shall issue a notice terminating the program as of the date set out in the notice.

Same, plan to wind up in part

   (16)  When a plan to wind up a program in respect of a designated waste has been implemented, the Minister shall issue a notice terminating the part of the program affected by the plan as of the date set out in the notice.

Publication

   (17)  The Minister shall publish each notice issued under subsections (15) and (16) on the registry under the Environmental Bill of Rights, 1993.

Publication

   (18)  The Authority shall publish on the Registry each approval given under subsection (9) and each notice issued under subsections (15) and (16).

Industry Funding Organizations — Corporate Matters

Continuation of industry funding organizations, designations

Stewardship Ontario

   15.  (1)  Stewardship Ontario is continued under the name Stewardship Ontario and is designated as the industry funding organization for,

  (a)  the waste diversion program for blue box waste; and

  (b)  the waste diversion program for municipal hazardous or special waste.

Ontario Tire Stewardship

   (2)  Ontario Tire Stewardship is continued under the name Ontario Tire Stewardship in English and Société de gestion des pneus usagés de l’Ontario in French and is designated as the industry funding organization for the waste diversion program for used tires.

Ontario Electronic Stewardship

   (3)  Ontario Electronic Stewardship is continued under the name Ontario Electronic Stewardship and is designated as the industry funding organization for the waste diversion program for waste electrical and electronic equipment.

Limitation

   (4)  An organization described in this section is continued until the day the organization is wound up.

Purpose

   (5)  The sole purpose of an industry funding organization is to perform the duties of an industry funding organization under this Act.

Prohibition re: use of money, other assets

   (6)  An industry funding organization shall not deal with money or any other asset other than in a way that is consistent with the purpose of an industry funding organization described in subsection (5).

Composition

   16.  (1)  An industry funding organization is composed of the members of its board of directors, as set out in the regulations.

Ceasing to be member

   (2)  A person ceases to be a member of an industry funding organization when he or she ceases to be a member of its board of directors.

Transition

   (3)  The persons who are members of the board of directors of an industry funding organization immediately before the day this section comes into force continue as members of the board after on and after that day in accordance with their appointments.

Management

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

Chair

   18.  (1)  The chair of the board of directors shall be designated by the board of directors from among its members.

Transition

   (2)  The chair who is in office immediately before the day this section comes into force continues as chair in accordance with his or her designation.

Quorum

   19.  (1)  Two-thirds of the members of the board of directors constitutes a quorum for the transaction of business.

Vacancy on board

   (2)  If there are one or more vacancies on the board of directors, the remaining directors may exercise all the powers of the board if they would constitute a quorum of the fully constituted board.

Voting

   20.  (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

   21.  (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 industry funding organization and generally for the conduct and management of the organization;

  (b)  respecting the appointment of officers and employees of the 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.

Existing by-laws continued

   (3)  A by-law that was made under the old Act by an industry funding organization and that was in force immediately before this section comes into force continues in force as a by-law of the organization until repealed or replaced by a by-law made by the board of directors.

Remuneration and expenses

   22.  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 21.

Corporations Actand Corporations Information Act

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

Capacity and powers

   24.  (1)  An industry funding organization has the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its responsibilities, except as limited by this Act or the regulations.

Subsidiary corporation

   (2)  An industry funding organization shall not establish a subsidiary corporation, except as permitted by the regulations.

Commercial activity

   (3)  An industry funding organization shall not engage in commercial activity through an individual, corporation or other entity that is related to the organization, to a member of its board of directors or to an officer of the organization, except as permitted by the regulations.

Not a Crown agent

   25.  An 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

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

Protection from liability: directors, etc.

   27.  (1)  No action or other proceeding shall be commenced against a member of the board of directors of an industry funding organization or any officer or employee of an 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 industry funding organization of any liability to which it would otherwise be subject.

Fiscal year

   28.  An industry funding organization’s fiscal year is the period from January 1 to December 31 in each year.

Auditor

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

Annual audit

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

Annual report, industry funding organization

   30.  (1)  Each industry funding organization that is designated as the industry funding organization for a waste diversion program 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 each waste diversion program operated during the previous year.

    2.  Information about,

            i.  material changes to a waste diversion program that were developed and implemented under this Act during the previous year, and

           ii.  plans to wind up a waste diversion program in full or in respect of a designated waste that were developed under this Act during the previous year, and the implementation of those plans.

    3.  Audited financial statements for the industry funding organization and a copy of the auditor’s report on the organization under subsection 29 (2).

    4.  A description of any consultations undertaken by the industry funding organization during the previous year under this Act and a summary of the results of the consultation.

Annual report, industry funding organization

   30.  (1)  Each 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 fiscal 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 each waste diversion program operated during the previous fiscal year.

    2.  Information about,

            i.  material changes to a waste diversion program that were developed and implemented under this Act during the previous fiscal year, and

           ii.  steps taken to develop and implement a plan approved under section 14.

    3.  Audited financial statements for the industry funding organization and a copy of the auditor’s report on the organization under subsection 29 (2).

    4.  A description of any consultations undertaken by the industry funding organization during the previous fiscal year under this Act and a summary of the results of the consultations.

Signature

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

Information to Authority

   31.  (1)  The Authority may request, in accordance with any prescribed requirements, that an industry funding organization provide the Authority with information, and the industry funding organization shall provide the information.

Conflict

   (2)  The requirement to provide information under subsection (1) prevails over a provision in a program agreement mentioned in subsection 10 (4) with which it conflicts.

Operation of Waste Diversion Programs

Program operation

   32.  (1)  An industry funding organization shall, in accordance with this Act, operate the waste diversion program for which it is designated until such time as the program is wound up under this Act.

Consultation

   (2)  In operating the program, the industry funding organization shall consult with persons it considers to be affected by the program, including members of the public.

Consultation

   (2)  In operating the program, the industry funding organization shall consult with,

  (a)  representatives of municipalities;

  (b)  representatives of persons who are designated under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (4) as stewards in respect of the designated waste to which the waste diversion program applies; and

   (c)  any other persons the industry funding organization considers to be affected by the operation of the program.

Rules relating to stewards

   33.  (1)  The industry funding organization designated for a waste diversion program may make rules,

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

  (b)  setting the amount of the fees to be paid by stewards under section 34 or prescribing methods for determining the amount of the fees;

   (c)  specifying the times when fees are payable under section 34;

  (d)  requiring the payment of interest or penalties on fees that are not paid in accordance with section 34;

  (e)  exempting stewards or classes of stewards from section 34, 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.

Same

   (2)  For greater certainty, the power to make rules under subsection (1) includes the power to amend the rules continued under clause 9 (2) (b).

Consultation

   (3)  In making rules, the industry funding organization shall consult with persons it considers to be affected by the rules, including members of the public.

Limitation

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

Fees

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

    1.  The total amount of fees paid by stewards under section 34 in respect of a waste diversion program for a designated waste should not exceed the sum of the following amounts:

            i.  The costs of operating the program.

           ii.  The costs of developing and implementing changes to the program.

          iii.  The costs of developing and implementing a plan to wind up all or part of the program.

          iv.  The costs incurred by the organization or the Authority to wind up all or part of the program.

           v.  The costs incurred by the organization or the Authority to wind up the organization.

          vi.  Costs incurred by the Authority in exercising its powers and carrying out its duties as they relate to the industry funding organization.

         vii.  Costs incurred by the Crown in administering this Act and the regulations, as the costs relate to the industry funding organization and the Authority’s oversight of it, including costs associated with appeals to the Tribunal of the Authority’s orders.

    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

   (6)  A rule made under this section is not valid unless the wording of the rule is set out in the agreement mentioned in subsection 10 (4).

General or particular

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

Publication

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

Limitation

   (9)  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 (8).

Legislation Act, 2006, Part III

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

Terms used in rules

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

Payment of stewardship fees

   34.  (1)  A person who is designated as a steward in respect of a designated waste under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (4) shall pay to the organization the fees determined in accordance with the rules or the regulations under that subsection at the times specified by the rules or the regulations under that subsection.

Voluntary contributions

   (2)  The industry funding organization may, with the Authority’s approval, 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 an exemption under subsection (2) may be subject to such conditions or restrictions as are specified in writing, with the Authority’s approval, by the industry funding organization.

Existing funds continued

   35.  (1)  Each fund that was established under subsection 32 (1) of the old Act by an industry funding organization in respect of a 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 after that day in accordance with this section.

Purposes of fund

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

    1.  To pay the costs of operating the program.

    2.  To pay the costs of developing and implementing changes to the program.

    3.  To pay the costs of developing and implementing a plan to wind up all or part of the program.

    4.  To pay the costs incurred by the organization or the Authority to wind up all or part of the program.

    5.  To pay the costs incurred by the organization or the Authority to wind up the organization.

    6.  To pay the costs incurred by the Authority in exercising its powers and carrying out its duties as they relate to the industry funding organization.

    7.  To pay the costs incurred by the Crown in administering this Act and the regulations, as the costs relate to the industry funding organization and the Authority’s oversight of it, including costs associated with appeals to the Tribunal of the Authority’s orders.

Money to be paid into fund

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

    1.  All fees paid to the organization under section 34 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.

Payment of Authority’s costs

   (4)  The Authority may, from time to time, determine the amount to be paid by the industry funding organization that reflects the costs incurred by the Authority in exercising its powers and carrying out its duties as they relate to the industry funding organization, and the industry funding organization shall pay the amount out of the fund.

Industry Stewardship Plans

Existing industry stewardship plans continued

   36.  Each industry stewardship plan approved under section 34 of the old Act that was in force immediately before the day this section comes into force is continued until the earliest of the following days:

    1.  The date specified in the approval or a later date approved under section 37.

    2.  If a waste diversion program is wound up in full, the date set out in the Minister’s notice under subsection 14 (15) terminating the program to which the plan relates.

    3.  If a waste diversion program is wound up in respect of a designated waste to which the plan relates, the date set out in the Minister’s notice under subsection 14 (16) terminating the part of the program that relates to that designated waste.

Industry stewardship plan approvals

   37.  (1)  On application, the Authority may approve an additional industry stewardship plan, a change to an industry stewardship plan continued under section 36, or a change to an additional plan approved under this section if,

  (a)  in the case of an additional industry stewardship plan, the plan relates to a designated waste in respect of which an industry stewardship plan was continued under section 36;

  (b)  the plan relates to material that continues to be a designated waste under this Act; and

   (c)  the Authority is satisfied that the plan or the change will achieve similar or improved results as compared to the waste diversion program approved under section 26 of the old Act.

Approval in writing

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

Time limit

   (3)  An approval under this section is valid until the latest of the following days:

    1.  The date specified in the approval.

    2.  If the person responsible for the plan’s operation applies for an extension before the date specified in the approval and the Authority grants the extension in writing, the new date specified in the document granting the extension.

    3.  If a waste diversion program is wound up in full, the date set out in the Minister’s notice under subsection 14 (15) terminating the program to which the plan relates.

    4.  If a waste diversion program is wound up in respect of a designated waste to which the industry stewardship plan relates, the date set out in the Minister’s notice under subsection 14 (16) terminating the part of the program that relates to that designated waste.

List of plans

   38.  The Authority shall ensure that a list of industry stewardship plans continued under section 36 or approved under section 37 is made available on the Registry.

Exemption from stewardship fees, records, etc.

   39.  (1)  Section 34, the rules made under clauses 33 (1) (f) and (g), and the regulations made under subsection 73 (4) in respect of the matters mentioned in clauses 33 (1) (f) and (g) do not apply to a person who is designated under the rules made by an industry funding organization under section 33 or the regulations made under subsection 73 (4) as a steward in respect of a designated waste if,

  (a)  an industry stewardship plan that relates to the designated waste was approved under section 34 of the old Act or section 37 of this Act; and

  (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

   (2)  Subsection (1) 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); or

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

Effective date

   (3)  For the purposes of subsection (2), the effective date is the first date on which the person,

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

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

Annual report, person responsible for industry stewardship plan

   40.  The person responsible for the operation of an industry stewardship plan approved under section 34 of the old Act or under section 37 of this 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.

Fees

   41.  (1)  The Authority may establish fees and charge them to the person responsible for the operation of an industry stewardship plan approved under section 34 of the old Act or under section 37 of this Act for,

  (a)  monitoring the effectiveness of the plan; and

  (b)  performing other functions related to the plan.

Payment

   (2)  A person to whom a fee is charged under subsection (1) shall pay the fee.

Same

   (3)  A fee established under subsection (1) must reasonably reflect the costs incurred by the Authority in performing the function for which the fee is established.

Legislation Act, 2006, Part III

   (4)  Part III of the Legislation Act, 2006 does not apply to an instrument made by the Authority to establish a fee under subsection (1).

Crown’s Costs

Contribution to defray cost

   42.  (1)  The Lieutenant Governor in Council may from time to time, by order, fix an amount to be paid to defray the Crown’s costs in administering this Act and the regulations,

  (a)  by the Authority; and

  (b)  by each industry funding organization in respect of costs associated with the waste diversion program for which the industry funding organization is designated.

Costs

   (2)  The amounts fixed under subsection (1) may include costs that are attributable to the oversight of the Authority and the industry funding organizations under this Act, including costs associated with appeals to the Tribunal of the Authority’s orders.

Payment, industry funding organization

   (3)  An industry funding organization shall pay the amount fixed for it under subsection (1) to the Authority in accordance with the terms of the order.

Same, Authority

   (4)  The Authority shall pay to the Minister of Finance, in accordance with the terms of the order,

  (a)  the amount fixed for the Authority under subsection (1); and

  (b)  the amount paid to the Authority by each industry funding organization under subsection (3).

Appointment of Administrator

Administrator

   43.  (1)  Subject to subsection (2), the Authority’s board of directors may, by resolution, appoint an individual as the administrator of an 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 advisable in the public interest to do so because at least one of the following conditions is satisfied:

    1.  The appointment is necessary to facilitate winding up the industry funding organization.

    2.  The appointment is necessary to facilitate winding up a waste diversion program.

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

    4.  The industry funding organization has dealt with money or another asset in any way other than in accordance with subsection 15 (6).

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 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, subject to subsection (8).

Same

   (8)  The administrator is a member of the board for the purposes of any provision of Part VI of the Corporations Act that is prescribed to apply to the industry funding organization under section 23.

Right re documents, etc.

   (9)  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

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

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 or the appointment under subsection (1), or for an alleged neglect or default in the execution in good faith of that duty or power.

Liability of organization

   (12)  Subsection (11) does not relieve the industry funding organization of liability to which it would otherwise be subject.

Appointment of administrator, effect on board

   44.  (1)  On the appointment of an administrator under section 43, the members of the 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.

Same

   (3)  Subsection (2) also applies to the powers of members of the board who are appointed or elected during the term of the administrator’s appointment.

No personal liability

   (4)  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) or (3).

Liability of organization

   (5)  Subsection (4) does not relieve the industry funding organization of liability to which it would otherwise be subject.

Compliance and Enforcement

Inspectors

   45.  (1)  The Registrar may appoint inspectors as are necessary for the purpose of enforcing 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.

Who may be appointed

   46.  A person shall not be appointed under section 45 unless he or she is an employee of the Authority.

Use of writing

   47.  Appointments under section 45 shall be made in writing.

Inspection

   48.  (1)  An inspector may, at any reasonable time, enter any place described in subsection (2) 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,

  (a)  the place contains documents or data relating to the person’s compliance; or

  (b)  an activity relating to the person’s compliance is occurring or has occurred at the place.

Same

   (2)  Subsection (1) authorizes an inspector to enter a place only if it is owned or occupied by one of the following:

    1.  A person designated as a steward under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (4).

    2.  An industry funding organization.

    3.  A person who performs an activity in connection with carrying out the responsibilities of a person described in paragraph 1 or 2.

    4.  A person operating an industry stewardship plan.

    3.  A person retained by an industry funding organization to operate all or part of an approved waste diversion program.

    4.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Act.

    5.  The owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act.

    6.  A person operating an industry stewardship plan.

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 51.

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 document or data, in any form, by any method.

    2.  Make a record of anything by any method.

    3.  Require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, 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.

Limitation

   (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.

Records in electronic form

   (6)  If a record is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically or both.

Limitation re removal of documents

   (7)  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

   (8)  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

   49.  (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 person designated as a steward under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (4).

    2.  An industry funding organization.

    3.  A person who performs an activity in connection with carrying out the responsibilities of a person described in paragraph 1 or 2.

    4.  A person operating an industry stewardship plan.

    5.  A director, officer, employee or agent of a person described in paragraphs 1 to 4.

    3.  A person retained by an industry funding organization to operate all or part of an approved waste diversion program.

    4.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Act.

    5.  The owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act.

    6.  A person operating an industry stewardship plan.

    7.  A director, officer, employee or agent of a person described in paragraphs 1 to 6.

Same

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

Production of document

   (3)  In requiring a person to respond to an inquiry under subsection (1), an inspector may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry.

Records in electronic form

   (4)  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 electronically or both.

Identification

   50.  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

   51.  (1)  A justice may issue an order authorizing an inspector to do anything set out in subsection 48 (1) or (4) or section 49 if the justice is satisfied, on evidence under oath by an inspector, that there are reasonable grounds to believe that,

  (a)  it is appropriate for the inspector to do anything set out in subsection 48 (1) or (4) or section 49 for the purpose of determining any person’s compliance with this Act or the regulations;

  (b)  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 48 (1) or (4) or section 49,

         (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 48 (1) or (4) or section 49 might not achieve its purpose without the order; or

   (c)  a person is refusing or is likely to refuse to respond to reasonable inquiries.

Same

   (2)  Subsections 48 (5) to (8) apply to an inspection carried out under an order issued 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.

Detention of copies

   52.  An inspector may detain copies obtained under section 48 or 51 for any period and for any purpose relating to enforcing this Act and the regulations.

Calling for assistance of member of police force

   53.  An inspector who is authorized by an order under section 51 to do anything set out in subsection 48 (1) or (4) or section 49 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 during inspection

   54.  (1)  During an inspection under section 48 or 51, an inspector may, without a warrant or court order, seize anything 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 anything 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

   55.  (1)  An inspector who seizes anything under section 54 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)  Section 159 of the Provincial Offences Act applies with necessary modifications in respect of a thing seized under section 54 of this Act.

Administrative penalties

   56.  (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 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 14 (1);

  (b)  section 30;

   (c)  section 31;

  (d)  a rule made by an industry funding organization under section 33 or a regulation made under subsection 73 (4);

  (e)  section 34;

   (f)  subsection 35 (2);

  (g)  subsection 35 (3);

  (h)  section 40;

    (i)  subsection 41 (2); or

    (j)  section 49.

Same

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

  (a)  to an industry funding organization, in respect of a contravention of a provision listed in clause (2) (a), (b), (c), (f), (g) or (j);

  (b)  to a person designated as a steward, in respect of a contravention of a provision listed in clause (2) (d), (e) or (j); or

   (c)  to a person operating an industry stewardship plan, in respect of a contravention of a provision listed in clause (2) (h), (i) or (j).

Administrative penalties

   56.  (1)  An administrative penalty may be imposed under this section for one or more of the following purposes:

    1.  To ensure compliance with this Act and the regulations.

    2.  To prevent a person 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 14 (1);

  (b)  section 30;

   (c)  section 31;

  (d)  a rule made by an industry funding organization under section 33;

  (e)  subsection 33 (8);

   (f)  section 34;

  (g)  subsection 35 (2);

  (h)  subsection 35 (3);

    (i)  section 40;

    (j)  subsection 41 (2);

   (k)  section 49;

    (l)  subsection 69 (3); or

(m)  a provision of the regulations.

Same

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

  (a)  to an industry funding organization;

  (b)  to a person designated as a steward;

   (c)  to a person operating an industry stewardship plan; or

  (d)  to Brewers Retail Inc.

Limitation

   (4)  An order under 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 officers, employees, 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 be issued to the corporation and not to an officer, employee, 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.

Contents

   (7)  An order under 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 58.

Absolute liability

   (8)  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

   (9)  For greater certainty, nothing in subsection (8) affects the prosecution of an offence.

Payment prevents conviction

   (10)  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

   57.  (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.

Appeal of order

   58.  (1)  A person to whom an order issued under subsection 56 (2) is directed may require a hearing by the Tribunal by serving written notice, within 15 days after the person is served with the order, on the Registrar or Deputy Registrar who made the order and on the Tribunal.

Failure or refusal to issue, etc., order

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

Extension of time for requiring hearing

   59.  The Tribunal shall extend the time in which a person may give a notice under section 58 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, for a reason described in subsection 67 (4), to bring the order to the person’s attention.

Contents of notice requiring hearing

   60.  (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

   61.  (1)  The commencement of a proceeding before the Tribunal stays the operation of an order under section 56.

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

   62.  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

   63.  (1)  Ahearing 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.

Limitation

   (2)  If the hearing relates to an order to pay a penalty imposed under section 56, the Tribunal shall not vary the amount of the penalty unless it considers the amount to be unreasonable.

Powers of Tribunal

   63.  A hearing by the Tribunal shall be a new hearing and the Tribunal may,

  (a)  confirm or revoke the order that is the subject matter of the hearing; or

  (b)  vary the order, but it may only vary the amount of a penalty if it considers the amount to be unreasonable.

Appeals from Tribunal

   64.  (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, with leave of 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

Industry funding organizations

   65.  (1)  An industry funding organization is guilty of an offence if it contravenes one of the following provisions or a provision of the regulations that is prescribed for the purposes of this subsection:

    1.  Subsection 14 (1) or (12).

   65.  (1)  An industry funding organization is guilty of an offence if it contravenes one of the following provisions or a provision of the regulations:

    1.  Subsection 14 (1) or (12).

  1.1  Subsection 15 (6).

    2.  Subsection 24 (2) or (3).

    3.  Section 31.

    4.  Subsection 35 (2).

    5.  Subsection 35 (3).

    6.  Subsection 35 (4).

    7.  Subsection 42 (3).

Stewards

   (2)  A person designated as a steward is guilty of an offence if the person contravenes one of the following provisions or a provision of the regulations that is prescribed for the purposes of this subsection:

    1.  A rule made under section 33 or a regulation made under subsection 73 (4).

    2.  Section 34.

Stewards

   (2)  A person designated as a steward under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (4) is guilty of an offence if the person contravenes one of the following provisions:

    1.  A rule made under section 33.

    2.  Section 34.

    3.  A provision of the regulations.

Industry stewardship plan operators

   (3)  A person responsible for the operation of an industry stewardship plan continued under section 36 or approved under section 37 is guilty of an offence if the person contravenes one of the following provisions:

    1.  Section 40.

    2.  Subsection 41 (2).

Authority

   (4)  If the Authority contravenes subsection 42 (4), it is guilty of an offence.

Penalty, individual

   (5)  An individual who is guilty of an offence under this section is liable, on conviction, to a fine of not more than $20,000 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, to a fine of not more than $100,000 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 may, in addition to any other penalty imposed by the court, 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 of an offence 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 describedin subsection (1), (2) or (3) shall not be commenced more than two years after the day on which evidence of the offence first came to the attention of a provincial offences officer designated under the Provincial Offences Act.

Obstruction, etc.

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

False information

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

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

  (b)  an administrator appointed under section 43; or

   (c)  the Minister, the Ministry, or an employee or agent of the Ministry.

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 or the regulations to,

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

  (b)  an administrator appointed under section 43; or

   (c)  the Minister, the Ministry, or an employee or agent of the Ministry.

Offence

   (5)  Any person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence, and subsections 65 (5) to (11) apply with necessary modifications.

Miscellaneous

Serving a document

   67.  (1)  Any notice, order or other document that is required to be served on a person under this Act is sufficiently 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 illnessaccident, disability or illness.

Exception

   (5)  For greater certainty, subsection (1) does not apply to the service of documents on the Tribunal or the Authority.

Proof

Office and signature

   68.  (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; and

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

Brewers Retail Inc.

   69.  (1)  Subject to the regulations, a program developed under section 23 of the old Act, or any changes to it made under this Act, 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)  A program developed under section 23 of the old Act, or any changes to it made under this Act, 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 April 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.

Confidentiality of information

   70.  (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’exécution 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”)

Secrecy and permissible 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 or entity 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 the Minister, the Ministry or an employee or agent of the Ministry;

   (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 required or permitted to be made available to the public under this Act or any other Act; or

  (g)  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)  an administrator appointed under section 43; and

   (c)  a provincial offences officer designated under the Provincial Offences Act for the purposes of section 65 or 66 of this Act.

Testimony in civil proceeding

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

  (a)  a proceeding under this Act; or

  (b)  an appeal or a judicial review relating to a proceeding described in clause (a).

Liability, administrator under Resource Recovery and Circular Economy Act, 2016

   71.  If an administrator is appointed under section 54 of the Resource Recovery and Circular Economy Act, 2016, subsections 54 (11) to (13) of that Act apply with necessary modifications to the administrator’s execution or intended execution of a duty or power under this Act.

Act binds Crown

   72.  This Act binds the Crown.

Regulations

Regulations, Lieutenant Governor in Council

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

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

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

   (c)  prescribing activities for the purpose of paragraph 4 of subsection 10 (3);

  (d)  prescribing a percentage greater than 50 per cent for the purposes of section 11;

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

   (f)  for the purposes of section 23, prescribing provisions of the Corporations Act or the Corporations Information Act that apply to an industry funding organization and prescribing modifications to those provisions;

  (g)  limiting the capacity, rights, powers or privileges of an industry funding organization for the purposes of subsection 24 (1);

  (h)  permitting and governing, for the purposes of subsection 24 (2), the establishment of subsidiary corporations of an industry funding organization, including,

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

          (ii)  providing for their management,

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

         (iv)  prescribing provisions of the Corporations Act and the Corporations Information Act that apply to subsidiary corporations;

    (i)  governing commercial activities referred to in subsection 24 (3) that the industry funding organization may engage in through an individual, corporation or other entity, including respecting the manner in which an entity may or may not be related to the organization, to a member of its board of directors or to an officer of the organization for the purposes of that subsection;

    (j)  governing the administrative penalties that may be imposed under section 56;

   (k)  prescribing criteria for the purposes of subsection 61 (2);

    (l)  prescribing provisions of the regulations for the purposes of subsection 65 (1) or (2);

    (l)  governing the Authority’s requests for information from industry funding organizations;

(m)  specifying other means of giving a document for the purposes of clause 67 (1) (g), and specifying the day on which a document given by those means is deemed to have been received;

  (n)  providing that section 69 does not apply if criteria specified by the regulations are satisfied;

  (o)  exempting any person or class of persons from any provision of this Act, the regulations or the rules made under section 33, subject to such conditions or restrictions as may be prescribed;

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

  (q)  respecting any matter that the Lieutenant Governor in Council considers advisable to carry out the purposes of this Act;

   (r)  governing such transitional matters as the Lieutenant Governor in Council considers necessary or advisable to facilitate the implementation of this Act.

Administrative penalties

   (2)  Without limiting the generality of clause (1) (j), a regulation governing administrative penalties may,

  (a)  despite subsection 56 (2), prescribe circumstances in which an administrative penalty may not be imposed;

  (b)  prescribe criteria the Registrar or Deputy Registrar is required or permitted to consider when imposing a penalty under section 56;

   (c)  govern the determination of the amount of administrative penalties for the purposes of subsection 56 (6);

  (d)  authorize a penalty to be imposed for each day or part of a day on which a contravention continues;

  (e)  authorize higher penalties for a second or subsequent contravention;

   (f)  require that the penalty be paid before a specified deadline or before a deadline specified by the Registrar or Deputy Registrar;

  (g)  authorize the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees;

  (h)  establish a maximum cumulative penalty payable in respect of a contravention or in respect of contraventions during a specified period.

Board of directors of industry funding organization

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

Regulations in respect of rule matters

   (4)  The Lieutenant Governor in Council may make regulations in respect of any matter in respect of which an industry funding organization may make rules under subsection 33 (1), and subsections 33 (3), (4) and (5) apply, with necessary modifications, for that purpose.

Same

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

Conflict

   (6)  If a regulation under subsection (4) conflicts with a rule, the regulation prevails.

Regulations under old Act continued

   74.  The following regulations, made under the old Act, are deemed to have been made by the Lieutenant Governor in Council under this Act and may be revoked or amended by the Lieutenant Governor in Council:

    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 84/03 (Used Tires).

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

Amendments and Repeals

Repeal of Waste Diversion Act, 2002

   75.  The Waste Diversion Act, 2002 is repealed.

Repeal of this Act

   76.  On the day this section is proclaimed in force, this Act is repealed.

Amendments to this Act related to the Not-for-Profit Corporations Act, 2010

   77.  (0.1)  Subsection 14 (1.1) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

   77.  (1)  Section 23 of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

   (2)  Subsection 43 (8) of this Act is amended by striking out “Part VI of the Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

   (3)  Clause 73 (1) (f) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

   (4)  Subclause 73 (1) (h) (iv) of this Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

Commencement and Short Title

Commencement

   78.  (1)  Subject to subsections (2) to (5), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Commencement

   78.  (1)  Subject to subsections (1.1) to (5), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (1.1)  Subsection 77 (0.1) comes into force on the later of the day subsection 14 (1.1) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Same

   (2)  Subsection 77 (1) comes into force on the later of the day section 23 of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Same

   (3)  Subsection 77 (2) comes into force on the later of the day subsection 43 (8) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Same

   (4)  Subsection 77 (3) comes into force on the later of the day clause 73 (1) (f) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Same

   (5)  Subsection 77 (4) comes into force on the later of the day clause 73 (1) (h) of this Schedule comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

Short title

   79.  The short title of the Act set out in this Schedule is the Waste Diversion Transition Act, 2016.

 

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

 

EXPLANATORY NOTE

The Bill enacts two new Acts and repeals an Act. The new Acts are set out in separate Schedules.

schedule 1
Resource recovery and circular economy act, 2016

The Schedule enacts the Resource Recovery and Circular Economy Act, 2016. Here are some highlights:

Part I (General) sets out Ontario’s provincial interest in having a system of resource recovery and waste reduction with the aims listed in section 2. In order to support the provincial interest, the Minister of the Environment and Climate Change is required to develop a strategy entitled “Strategy for a Waste-Free Ontario: Building the Circular Economy”.

Under Part II (Application of Provincial Interest), certain persons and entities must have regard to the provincial interest when doing specified things relating to resource recovery and waste reduction. The Minister, with the approval of the Lieutenant Governor in Council, may issue policy statements for the purpose of furthering the provincial interest. Certain persons and entities must ensure that they act in a manner that is consistent with applicable policy statements when doing specified things relating to resource recovery and waste reduction. Existing instruments must be made consistent with applicable policy statements in specified circumstances.

Part III (Resource Productivity and Recovery Authority) continues Waste Diversion Ontario, which was established under the Waste Diversion Act, 2002, under the name Resource Productivity and Recovery Authority. The Authority is not a Crown agent. The Minister is allowed to appoint only a minority of the members of the Authority’s board of directors, other than for the Authority’s initial board of directors. The Authority can set and collect fees for the purpose of recovering its costs, and is required to appoint a Registrar. The Registrar is required to establish, maintain and operate the Resource Productivity and Recovery Registry (“the Registry”) and to appoint inspectors. The Minister may appoint an administrator of the Authority if it is advisable in the public interest to do so because a listed condition is satisfied. Part III also contains provisions respecting the Authority’s governance and accountability.

The Crown may require the Authority to defray the Crown’s costs that are attributable to administering the Act and the regulations.

Under Part IV (Resource Recovery and Waste Reduction Responsibilities), the regulations may require specified people to carry out responsibilities with respect to products and packaging in classes designated in the regulations. The persons who may be required to carry out responsibilities are described in sections 61 and 62. The responsibilities may relate to registration, waste reduction, collection, management, promotion and education, and reporting, auditing and record keeping. Other persons may also be required to carry out responsibilities relating to registration, promotion and education, and reporting, auditing and record keeping if they perform an activity that relates to resource recovery or waste reduction in Ontario.

The Lieutenant Governor in Council may, by regulation, prescribe material whose sale that shall not be marketed in Ontario is prohibited if persons with responsibility for collecting the material have failed to collect it or have otherwise habitually failed to carry out their responsibilities under Part IV.

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

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

schedule 2
waste diversion transition act, 2016

The Schedule enacts the Waste Diversion Transition Act, 2016. The Act applies on and after the day the Waste Diversion Act, 2002 is repealed under section 75.

The purposes of the Act, as set out in section 1, are to promote the reduction, reuse and recycling of waste, to provide for the operation of waste diversion programs approved under the Waste Diversion Act, 2002 and continued under the new Act, and to promote the orderly winding up of those waste diversion programs in order to allow responsibility for waste to be governed under the Resource Recovery and Circular Economy Act, 2016 or otherwise.

The Resource Productivity and Recovery Authority continued under the Resource Recovery and Circular Economy Act, 2016 is given powers and duties with respect to the oversight of waste diversion programs operated by industry funding organizations under the Act and with respect to enforcement. 

The waste diversion programs for blue box waste, municipal hazardous or special waste, used tires, and waste electrical and electronic equipment, which were approved under the Waste Diversion Act, 2002, are continued until they are wound up. Sections 12 and 13 govern changes to those programs. Section 14 allows the Minister to direct the industry funding organization that operates a program to wind up the program in full or in respect of a designated waste,. Under specified circumstances, the Minister is required to direct an industry funding organization to wind up a program in full.  and, wWhere a program is wound up in full, to take steps to wind up the industry funding organization designated for that programmay be directed to develop a plan for winding itself up.

Industry funding organizations are continued under the Act and are designated for specified waste diversion programs under section 15. An industry funding organization is required to operate the waste diversion program for which it is designated until the program is wound up. Industry funding organizations may make rules designating persons as stewards in respect of designated waste and establishing other requirements for stewards, including requirements to pay fees.

The Crown may require the Authority to defray the Crown’s costs that are attributable to administering the Act and the regulations.

The Authority’s board of directors may appoint an administrator of an existing industry funding organization if it is advisable 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 industry funding organization or a waste diversion program. 

The Act provides for powers of inspection and seizure, orders imposing administrative penalties, and offences. Administrative penalty orders may be appealed to the Environmental Review Tribunal. Contraventions of listed provisions of the Act, prescribed provisions of the regulations, the rules made by an industry funding organization or regulations in respect of matters contained in those rules are offences and are punishable, on conviction, by fines.

Specified regulations made under the Waste Diversion Act, 2002 remain in force and are deemed to be regulations made under the Act. The Lieutenant Governor in Council is given other regulation-making powers.

The Waste Diversion Transition Act, 2016 is repealed on a day to be named by proclamation of the Lieutenant Governor.

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