Waste Diversion - Bill 151

Proposed regulations under the Waste Diversion Transition Act may impact Ontario food and beverage manufacturers. A summary of the proposed regulations is provided for your information and reference.

1. MOECC describes regulations to be proposed under the Waste Diversion Transition Act, 2016

On the Environmental Registry the Ontario Ministry of Environment and Climate Change (MOECC) has posted a description of the proposed regulations under the Waste Diversion Transition Act, 2016 (WDTA). These future regulations will allow the current Blue Box, Municipal Hazardous & Special Waste, Used Tire and Waste Electrical & Electronic Equipment programs to continue under the WDTA until they are wound-up. The Notice on the Environmental Registry outlines the proposed changes between the current regulations under the Waste Diversion Act, 2002 (WDA) and the regulations to be proposed under the WDTA.

The new regulations will enable the: 

  • transfer of existing programs from the WDA to the WDTA;
  • wind-up of these programs and their Industry Funding Organizations (IFOs) such as Stewardship Ontario, once the new producer responsibility framework under the Resource Recovery and Circular Economy Act, 2016 (RRCEA) is in place.  

Current regulations under the WDA will be repealed.  The new regulations under the WDTA would continue to address the designation of wastes, governance of the IFOs and cost recovery fee methodology.  The Notice states that the proposed changes are largely administrative and technical in nature such as:

  • Updating references to refer to the WDTA;
  • Removing provisions that are unnecessary under the WDTA;
  • Addressing transition issues related to the boards of directors of the IFOs including who appoints members of the boards and governing the composition of Stewardship Ontario’s board;
  • Addressing issues related to cost recovery fee methodology; and
  • Making consequential amendments to other regulations as needed. 

There is a 45 day comment period ending August 14, 2016.  Provision is not planning to comment on this Notice, given that draft proposed regulations are anticipated for later this summer or fall, and at that time we will determine the need for member comments. 

2.  Resource Productivity and Recovery Authority - Board Positions Now Posted

The Public Appointments Secretariat has posted notices seeking a Chair and four Board Members for the new Resource Productivity and Recovery Authority (the Authority).  The Authority will oversee the transition from the WDA to the WDTA as well as have oversight of the new producer responsibility framework under the Resource Recovery and Circular Economy Act, 2016 (RRCEA) once is in place.    Applications are due August 2, 2016.