The Waste Diversion Transition Act, 2016 (WDTA) provides the Ministry of the Environment and Climate Change with an approach to wind-up the four existing waste diversion programs that were established, and are currently operating under, the Waste Diversion Act, 2002 (WDA). The WDTA would also enable the wind-up of the industry funding organizations that operate these programs.
In order to wind-up the programs and the industry funding organizations under the WDTA, the programs and their governing regulations must first be transferred from the WDA to the WDTA. The Ministry of the Environment and Climate Change is proposing regulations under the WDTA for the purposes of transferring the four waste diversion programs to the WDTA.
Until the programs are wound-up and the wastes managed under the programs are transitioned to the new producer responsibility framework under the Resource Recovery and Circular Economy Act, 2016, the programs will operate under the WDTA.
The four waste diversion programs are for:
- blue box waste;
- municipal hazardous or special waste;
- used tires; and
- waste electrical and electronic equipment.
The proposed regulations will be updated to reflect the provisions in the WDTA and current drafting standards. They will continue to address the designation of wastes, governance of the three industry funding organizations;
- Ontario Tire Stewardship,
- Ontario Electronic Stewardship
- Stewardship Ontario, and
as well as prescribe a cost recovery fee methodology for the used tire and municipal hazardous or special waste programs.
The proposed changes are largely administrative and technical in nature. The provisions in the proposed WDTA regulations that differ from the current regulations under the WDA include:
- Updating references to refer to WDTA provisions (e.g. where existing regulations refer to subsection 30 (3) of the Waste Diversion Act, 2002 for the purposes of referencing the costs principles that are used when applying the cost recovery fee methodology, the new regulations will refer to the equivalent provision in the WDTA, which is subsection 33 (5))
- Removing provisions that have either served their purpose or are unnecessary under the WDTA (e.g. removing the provisions that designate an industry funding organization for a waste diversion program, as these designations are already made under section 15 of the WDTA)
- Addressing issues related to the transition from the WDA to the WDTA relating to members of the board of directors for the industry funding organizations and providing for member appointments going forward (e.g. include provisions providing for the continuation and appointment of an industry funding organization’s board members)
- Updating and amending as appropriate references to bodies who appoint members of the board of directors (e.g., amending the name of an association to refer to the updated correct legal name)
- Governing the composition of Stewardship Ontario’s board of directors to reflect representation from stewards of designated wastes currently managed under the blue box and the municipal hazardous or special waste diversion programs.
- Addressing issues related to the transfer of the programs from the WDA to the WDTA affecting the use of the cost recovery fee methodology (e.g. include provisions that provide for continuity of the requirement to pay steward fees until the program is wound-up)
- Consequential amendments to other regulations that reference defined terms and provisions in regulations made under the Waste Diversion Act, 2002 (e.g., amendments to O.Reg.79/15 (Alternative Low-Carbon Fuels) so that the definitions of ‘used tires’ and ‘municipal hazardous or special waste’ refer to the new WDTA regulations)
O. Reg. 85/03 (Used Oil Material) is not being transferred to the WDTA because there is no existing waste diversion program for that waste.
Also, in support of the anticipated repeal of the Waste Diversion Act, 2002 pursuant to section 75 of the WDTA, the Ministry is proposing the repeal of the following regulations:
- O. Reg. 273/02 (Blue Box Waste);
- O. Reg. 84/03 (Used Tires);
- O. Reg. 393/04 (Waste Electrical and Electronic Equipment);
- O. Reg. 542/06 (Municipal Hazardous or Special Waste);
- O. Reg. 33/09 (Stewardship Ontario); and
- O. Reg. 85/03 (Used Oil Material)
If made, the proposed regulations would come into force simultaneously with the coming into force of the WDTA and the repeal of the Waste Diversion Act, 2002.