Regulation to Prescribe Provisions of the Corporations Act to Wind Up Industry Funding Organizations (IFOs) under the Waste Diversion Transition Act, 2016 (WDTA)
O. Reg. 357/17
Regulation - LGIC
Bill or Act:
Waste Diversion Transition Act, 2016
Summary of Decision:
After considering input received from stakeholders on this proposal, a decision was made to implement the regulation. The regulation (O. Reg. 357/17) was filed with the Registrar of Regulations in accordance with Part III (Regulations) of the Legislation Act, 2006 on September 1, 2017.
The ministry reviewed and considered the comments from stakeholders and, where appropriate, revised the draft regulation posted on July 25, 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 the IFO wind up plans, or is already addressed through other mechanisms (e.g., provisions in the WDTA).
June 23, 2017
Summary of Proposal:
The Waste Diversion Transition Act, 2016 (WDTA) provides for the continued operation and eventual wind up of Ontario's four existing waste diversion programs (Blue Box, Municipal Hazardous or Special Waste, Waste Electrical and Electronic Equipment, and Used Tires) and the wind up of the industry funding organizations (IFOs) that operate these programs (Ontario Tire Stewardship, Ontario Electronic Stewardship and Stewardship Ontario). The Resource Recovery and Circular Economy Act, 2016 (RRCEA) establishes a full producer responsibility scheme by providing authority for regulations that make producers environmentally accountable and financially responsible for recovering resources and reducing waste associated with their products and packaging.
Section 23 of the WDTA provides that the Corporations Act only applies to IFOs as provided by regulation. In order to facilitate wind up of the three IFOs as needed, a regulation is required under the WDTA to prescribe provisions of Part VI of the Corporations Act, with such modifications as are needed for policy and practical implementation reasons. These modifications reflect circumstances specific to IFOs, including those arising from aspects of the WDTA applicable to IFOs.
On June 23, 2017, the ministry published a regulation proposal notice for a 46-day comment period to seek input on the proposal. This posting described the detailed regulatory proposal in plain language. On July 25, 2017, the notice was updated to include the draft regulation.
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 number: (416) 212-7098
September 1, 2017