Proposed Transitional Operating Agreement between the Minister of the Environment and Climate
Change and the Resource Productivity and Recovery Authority under the Resource Recovery and
Circular Economy Act, 2016
Bill or Act:
Resource Recovery and Circular Economy Act, 2016
Summary of Decision:
The comments received on the proposed transitional operating agreement between the Minister of the Environment and Climate Change and the Resource Productivity and Recovery Authority were considered in the development of the final operating agreement. Of the 17 comments received by the ministry, comments were received from a variety of stakeholder sectors including: the waste management industry, service providers, producers, municipalities and industry associations.
The ministry also considered comments raised at the two webinar information sessions held on the operating agreement on January 26 and 30, 2017 with stakeholders. More than 85 stakeholders participated in the webinars including: the Authority, producers, municipalities, industry associations and service providers.
Overall, there was general support for the proposed transitional operating agreement and its guiding principles. There were suggestions on how to improve or clarify the agreement, while some comments discussed matters that are already addressed in the RRCEA or will need to be addressed through implementation of the legislation. The ministry reviewed and considered the comments from stakeholders and, where appropriate, revised the operating agreement to reflect some of the comments raised.
January 9, 2017
Summary of Proposal:
On November 30, 2016 the Ontario Government proclaimed the Resource Recovery and Circular Economy Act, 2016 (RRCEA) and the Waste Diversion Transition Act, 2016 (WDTA), enacted by the Waste-Free Ontario Act, 2016 (WFOA).
The RRCEA overhauled Waste Diversion Ontario (WDO) - the former oversight body under the Waste Diversion Act, 2002 - to become the Resource Productivity and Recovery Authority (Authority), a non-Crown and not for profit organization. Under the RRCEA, the Authority is responsible for providing effective oversight, developing and operating a data clearinghouse, and undertaking compliance and enforcement related to the new producer responsibility regime under that Act. The Authority is also responsible for oversight, compliance and enforcement related to existing waste diversion programs and their wind-up under the WDTA.
The legislation includes a number of governance, accountability and transparency measures to help ensure that the new Authority operates effectively and that the government has oversight measures consistent with best governance practices. Under the RRCEA, a key oversight measure is the requirement for the Minister and the Authority's initial board to enter into a transitional operating agreement within 120 days of proclamation.
MOECC is proposing a transitional operating agreement that aims to:
- Set out the accountability framework between the government, through the Minister, and the Authority and clarify the administrative, financial, working and reporting relationships between
the two parties;
-Clarify the roles, duties and responsibilities of the Minister and the Authority in relation to the RRCEA, WDTA and any administrative matters under the Acts and regulations;
-Set out matters that the Minister considers advisable in the public interest relating to the Authority's carrying out of its objects, including its governance and operations; and
-Promote openness and transparency to serve the public interest.
Senior Policy Analyst
Ministry of the Environment and Climate Change
Climate Change and Environmental Policy Division
Resource Recovery Policy Branch
40 St. Clair Avenue West
Phone: (416) 212-7098
March 27, 2017