Resource Recovery and Circular Economy Act, 2016

Part i General

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, Conservation and Parks 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”) “R…

Provincial Interest

2 It is in the provincial interest that Ontario have a system of resource recovery and waste reduction that aims to, (a) protect the natural environment and human health; (b) foster the continued growth and development of the circular economy; (c) minimize greenhouse gas emissions resulting from resource recovery activities and waste reduction activities; (d) minimize the generation of waste, including waste from products and packaging; (e) increase the durability, reusability and recyclability of products and packaging; (f) hold persons who are most responsible for the design of products and packaging responsible for the products and packaging at the end of life; (g) decrease hazardous and toxic substances in products and packaging; (h) minimize the need for waste disposal; (i) minimize the environmental impacts that result from resource recovery activities and waste reduction activitie…

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 a…

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.

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.

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.

7 Repealed: 2020, c. 18, Sched. 6, s. 64 (1). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 64 (1) - 22/02/2024

Miscellaneous

8 Nothing in this Act shall be construed as requiring or authorizing any person or entity to engage in an activity that would constitute a contravention of the Competition Act (Canada).

9 This Act binds the Crown.

Part II application of 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 when exercising a power or performing a duty under this Act. 2. 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 …

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; (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 (3) 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 (4) The Minister may amen…

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 activiti…

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 n…

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…

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 responsib…

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.

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 accordanc…

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.

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.

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 before the Tribunal under this Act or any other Act, including a proceeding under section 21 of the Ontario Land Tribunal Act, 2021, the Minister may declare his or her opinion in writing to the Tribunal. 2021, c. 4, Sched. 6, s. 86 (2). 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. 2016, c. 12, Sched. 1, s. 20 (2). No notice or hearing required (3) The Minister is not required to give notice or to hold a hearing before issuing a declaration. 2016, c. 12, Sched. 1, s. 20 (3). Effect of declaration (4) If the Tribunal receives a declaration un…

Part III RESOURCE PRODUCTIVITY AND RECOVERY Authority

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.

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

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.

24 (1) 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; (b) to provide information relating to resource recovery or waste in Ontario, the Authority’s activities and the Acts and regulations in respect of which the Authority has duties or powers; (c) with respect to such programs relating to resource recovery or waste as the Minister may specify in a written direction, (i) to prepare for the performance of duties and exercise of powers in respect of registration, information management, reporting and fee collection and any related matters, and (ii) to perform those duties and exercise those powers; and (d) such other objects as may be prescribed. 2019, c. 14, Sched. 8, s. 55. Minister’s direction, subs. (1) (c) (2) For greater certainty and without limiting subclause (1) (c) (i), the Minister may specify…

25 (1) The board of directors shall manage or supervise the management of the Authority’s affairs. 2016, c. 12, Sched. 1, s. 25 (1). 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. 2016, c. 12, Sched. 1, s. 25 (2). 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. 2016, c. 12, Sched. 1, s. 25 (3). 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. 2016, c. 12, Sched. 1, s. 25 (4). Composition (5) When appointing members under p…

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). St…

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 Authority shall make each of its by-laws available to the …

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 initi…

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.

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

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.

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

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 t…

Powers, Finances and Administration

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.

35 The Corporations Act, the Corporations Information Act and the Not-for-Profit Corporations Act, 2010 do not apply to the Authority, except as provided by the regulations. 2017, c. 20, Sched. 8, s. 125 (1). Section Amendments with date in force (d/m/y) 2016, c. 12, Sched. 1, s. 109 (1) - 19/10/2021 2017, c. 20, Sched. 8, s. 125 (1) - 19/10/2021

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.

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.

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.

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.

40 (1) Subject to subsection (2), the Minister may from time to time, by order, fix an amount to be paid by the Authority to defray the Crown’s costs in respect of any Act or regulation in respect of which the Authority performs duties or exercises powers. 2019, c. 14, Sched. 8, s. 56. Same (2) If the Crown’s costs are in respect of an Act other than this Act or a regulation made under an Act other than this Act, the amount fixed under subsection (1) shall include the Crown’s costs only in respect of portions of the Act or regulation that relate to a program in respect of which the Authority performs duties or exercises powers or that otherwise relate to the Authority’s objects. 2019, c. 14, Sched. 8, s. 56. Costs (3) The amount fixed under subsection (1) may include, (a) costs that are attributable to the oversight of the Authority under this Act, including costs associated with appeals…

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) Subject to any prescribed requirements, in setting the fees, costs and charges described in clause (1) (a), the Authority may specify their amounts or the method for determining them. 2016, c. 12, Sched. 1, s. 41 (2); 2019, c. 14, Sched. 8, s. 57 (1). (3) Repealed: 2019, c. 14, Sched. 8, s. 57 (2). Establishment and publication of fees, etc. (4) The following rules apply with respect t…

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.

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 arisin…

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. 2016, c. 12, Sched. 1, s. 44 (1). (2) Repealed: 2020, c. 14, Sched. 6, s. 2. Contents (3) 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 previous fiscal 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 o…

Registrar and Other Staff

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.

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.

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.

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.

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

Information

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, iii. by or on behalf of a person who is required to submit information in relation to a program mentioned in clause 24 (1) (c), iv. by or on behalf of a person who is required to submit information in respect of an object prescribed under clause 24 (1) (d), and v. under any other Act. 2. Subject to the regulations, to provide p…

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.

52 (1) The Registrar may establish forms and procedures with respect to submitting information through the Registry or to the Authority, subject to any limitations or requirements in the regulations. 2016, c. 12, Sched. 1, s. 52 (1); 2019, c. 14, Sched. 8, s. 59. 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. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 59 - 10/12/2019

52.1 (1) The Minister may, by order, require the Authority to collect any of the following information, records or documents, as specified by the Minister in the order, from specified persons or classes of persons who are required to carry out responsibilities under Part IV, or persons performing activities that relate to resource recovery or waste reduction in Ontario, and to provide the information, records or documents to the Minister within a specified period of time: 1. Contracts, agreements, offers of service, bills of lading, invoices, remittances or correspondence related to the carrying out of responsibilities under Part IV. 2. Financial information, including costs and fees incurred, charged or proposed, and revenues generated in relation to the carrying out of responsibilities under Part IV. 3. Information about the operation of a waste disposal site or waste management system…

53 (1) The Authority shall provide the Minister with such information as the Minister may require from time to time including information collected under this Act or under any other Act. Same, compliance and enforcement (1.1) In addition to complying with subsection (1), the Authority shall, in accordance with any procedures set out in the operating agreement under section 28, provide the Minister with such information as the Authority believes may be relevant to any compliance or enforcement activities that the Crown may consider undertaking in respect of information required to be submitted to the Authority. 2019, c. 14, Sched. 8, s. 60. Information etc. confidential (1.2) Subject to subsections (1.3) and (1.4), if the Minister requires the Authority to provide the Minister with any information, records or documents that the Authority has collected under subsection 52.1 (1), the Minist…

53.1 (1) The Minister may, by order, require the Authority to make available to the public any information specified by the Minister relating to, (a) the compensation that the Authority pays to members of its board of directors, its officers and its employees; and (b) any other payments that the Authority makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 6, s. 3. Posting required (2) The Authority shall post the information specified in the order on the Registry or make it public through such other as means as may be set out in the order. 2020, c. 14, Sched. 6, s. 3. Information for prior period (3) An order made under subsection (1) may require that the Authority make information referred to in that subsection available to the public with respect to a period that began before the day this section came into force. 2020, c. 14, Sched. 6, s. 3. Effect…

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…

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 whic…

Miscellaneous

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.

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 the Criminal 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…

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

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 material in a designated class, means a person who obtains the material for the person’s own use, subject to any alternative meaning or meanings that may be provided for in the regulations; (“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, subject to any alternative meaning or meanings that may be provided for in the regulat…

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. 2016, c. 12, Sched. 1, s. 60 (1). Same (2) The classes of materials designated under subsection (1) shall be in respect of one or more of the following: 1. Products. 2. Primary packaging associated with a product. 3. Convenience packaging. 4. Transport packaging. 2020, c. 36, Sched. 41, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 2 - 08/12/2020

Persons Who May Have Responsibilities Product and its primary packaging

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, auditing and record keeping, as described in section 72. 2016, c. 12, Sched. 1, s. 61 (1). Alternate or additional person (2) Either or both of the following may be required to carry out responsibilities under this Part instead of, or in addition to, a brand holder described in subsection (1): 1. A person who has a commercial connection to a product in a designated class. 2. A person who meets prescribed conditions …

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 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 i…

62.1 If a designated class includes materials referred to in both sections 61 and 62, a person may be required to carry out one or more of the responsibilities mentioned in subsection 61 (1) in respect of that designated class pursuant to both sections 61 and 62, as applicable. 2020, c. 36, Sched. 41, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 4 - 08/12/2020

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.

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

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

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. 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 dispo…

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’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 regulat…

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 o…

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, (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…

69.1 A regulation may provide that a person who satisfies the condition of having entered into an agreement described in subsection 61 (2.1) is required to offer to provide the following services with respect to prescribed material, products or packaging in a designated class to municipalities or other prescribed entities: 1. Collection services. 2. Management services. 3. Implementation of a promotion and education program. 2025, c. 24, Sched. 20, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 24, Sched. 20, s. 4 - 11/12/2025

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.

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

72 (1) A regulation may require that a person who is required to carry out a responsibility under section 67, 68, 69, 69.1 or 70 shall create, maintain and store documents and data and shall submit the documents or data to the Authority. 2015, c. 12, Sched. 1, s. 72 (1); 2025, c. 24, Sched. 20, s. 5. 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. 2015, c. 12, Sched. 1, s. 72 (2). 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 i…

72.1 A person who is requested by the Authority to provide information, records or documents under the authority of a Minister’s order under subsection 52.1 (1) shall comply with the request within the time and in the manner specified by the Authority. 2025, c. 24, Sched. 20, s. 6. Section Amendments with date in force (d/m/y) 2025, c. 24, Sched. 20, s. 6 - 11/12/2025

73 A person who is required by a regulation made under this Part to carry out a responsibility shall do so and 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

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 ar…

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