Waste Diversion Transition Act, 2016

General

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.

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, o…

3 This Act applies with respect to waste diversion programs on and after the day the Waste Diversion Act, 2002 is repealed under section 75.

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 resp…

Resource Productivity and Recovery Authority

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 b…

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 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. 4. Information about any plans the Authority has approved d…

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.

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

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 ol…

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 Aut…

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 subse…

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 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 (3) 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…

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 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 (3) 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…

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. 2016, c. 12, Sched. 2, s. 14 (1). Direction re winding up industry funding organization (2) 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 or the Not-for-Profit Corporations Act, 2010 that are prescribed to apply to it. 2016, c. 12, Sched. 2, s. 14 (2), 77 (1); 2017, c. 20, Sched. 8, s. 143 (1). Discretionary direction (3) The Minister may, at any time, direct an industry funding organization to wind up a waste diversion p…

Industry Funding Organizations — Corporate Matters Continuation of industry funding organizations, designations

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 orga…

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 on and after that day in accordance with their appointments.

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

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.

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.

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.

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 i…

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.

23 The Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to an industry funding organization, except as provided by the regulations. 2016, c. 12, Sched. 2, s. 23, 77 (2); 2017, c. 20, Sched. 8, s. 143 (2). Section Amendments with date in force (d/m/y) 2016, c. 12, Sched. 2, s. 77 (2) - 19/10/2021 2017, c. 20, Sched. 8, s. 143 (2) - 19/10/2021

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.

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.

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.

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.

28 An industry funding organization’s fiscal year is the period from January 1 to December 31 in each year.

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.

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 organizat…

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

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, (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 (3) 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.

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 rul…

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 (3) 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…

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…

Industry Stewardship Plans

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 (21) 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 (22) terminating the part of the program that relates to that designated waste.

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 …

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.

39 (1) Section 34, the rules made under clauses 33 (1) (f) and (g), and the regulations made under subsection 73 (3) 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 (3) 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 …

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.

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

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 accorda…

Appointment of 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. 2016, c. 12, Sched. 2, s. 43 (1). 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 a…

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)…

Compliance and Enforcement

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.

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

47 Appointments under section 45 shall be made in writing.

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 (3). 2. An industry funding organization. 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 establ…

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 (3). 2. An industry funding organization. 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 Pa…

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.

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 in…

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.

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 police service in the area where the assistance is required, and it is the duty of every member of a police service to render such assistance. 2019, c. 1, Sched. 4, s. 64. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 66 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 64 - 01/04/2024

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.

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.

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 …

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.

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.

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.

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.

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 i…

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.

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.

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

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 (18). 2. Subsection 15 (6). 3. Subsection 24 (2) or (3). 4. Section 31. 5. Subsection 35 (2). 6. Subsection 35 (3). 7. Subsection 35 (4). 8. Subsection 42 (3). 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 (3) 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 followin…

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 reg…

Miscellaneous

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 a…

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 o…

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 inform…

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 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; (b) to the Minister, the Ministry or an employee or agent of the Ministry; (c) to a peace officer, as re…

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.

72 This Act binds the Crown.

Regulations

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, the Not-for-Profit Corporations Act, 2010 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 …

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).

75 Omitted (amends, repeals or revokes other legislation). Note: Section 76 comes into force on a day to be named by proclamation of the Lieutenant Governor.

76 On the day this section is proclaimed in force, this Act is repealed.

77 Omitted (provides for amendments to this Act).

78 Omitted (provides for coming into force of provisions of this Act).

79 Omitted (enacts short title of this Act). ______________