Administrative Penalties Regulation under the Waste Diversion Transition Act, 2016
Regulation - LGIC
Bill or Act:
Waste Diversion Transition Act, 2016
Summary of Decision:
The ministry reviewed and considered the comments from stakeholders and, where appropriate, revised the draft regulation posted on May 24, 2017 to address comments received. Some of the feedback raised by stakeholders would need to be addressed outside of the regulation through the development and implementation of policies and guidelines by the Authority, or is already addressed through other mechanisms (e.g., provisions in the WDTA or Transitional Operating Agreement between the Minister and the Authority).
May 24, 2017
Summary of Proposal:
The Waste Diversion Transition Act, 2016 (WDTA) governs the operation of existing waste diversion programs, until the designated wastes that are subject to those programs are transitioned to the new producer responsibility regime under the Resource Recovery and Circular Economy Act, 2016 (RRCEA). It enables the wind-up of the existing waste diversion programs and the Industry Funding Organizations (IFO) that operate these programs.
The Resource Productivity and Recovery Authority (the "Authority") is responsible for the oversight of existing programs under the WDTA and the producer responsibility scheme under the RRCEA, including compliance and enforcement under both acts. Strong oversight and governance will help facilitate a smooth transition from the previous waste diversion framework to the new producer responsibility regime under the RRCEA.
A range of graduated compliance and enforcement tools have been established for use by the Authority under the WDTA and the RRCEA to help facilitate compliance with and enforcement of both acts. These tools include: undertaking administrative inspections, requiring regulated persons to respond to inquiries, and issuing an order to pay an administrative penalty. The legislation also identifies offences, which could be investigated, and if warranted, dealt with through court proceedings.
Under the WDTA, one of the compliance and enforcement tools that is governed by regulation is issuing orders to pay administrative penalties. An administrative penalty is a monetary penalty that can be imposed by the Registrar or Deputy Registrar of the Authority to achieve the following purposes, as described in the WDTA:
1. To ensure compliance with the WDTA and its regulations
2. To prevent a person from deriving economic benefit from non-compliance with regulatory requirements
The proposed regulation would govern the determination of the amount of, and the manner in which Authority staff will issue an order to pay an administrative penalty for non-compliance with the WDTA and its regulations.
The details of the proposed regulation are outlined in the draft regulation attached to this posting.
November 3, 2017