Regulation - LGIC
Administrative Penalties Regulation made under the Resource Recovery and Circular Economy Act, 2016
Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Resource Recovery and Circular Economy Act, 2016 (RRCEA)
Summary of Decision:
As part of our ongoing commitment to protecting the environment, we are strengthening our enforcement tools to hold regulated parties who contravene the legislation and/or regulations accountable for non-compliance.
This includes a new administrative penalties regulation to help ensure that producers, manufacturers and importers of tires, batteries, electrical and electronic equipment, blue box materials and hazardous and special products comply with requirements for the collection and end-of-life management of the materials they supply in Ontario.
The new administrative penalties regulation
The proposed administrative penalties regulation establishes:
• a procedure for the Resource Productivity and Recovery Authority to issue an order to pay an administrative penalty for non-compliance with specified provisions of the:
• Resource Recovery and Circular Economy Act, 2016 (RRCEA)
• Tires Regulation (O. Reg. 225/18)
• Batteries Regulation (O. Reg. 30/20)
• Electrical and Electronic Equipment (EEE) Regulation (O. Reg. 522/20)
• Blue Box Regulation (O. Reg. 391/21)
• Hazardous and Special Products (HSP) Regulation (O. Reg. 449/21)
• a method for determining the amount of the administrative penalty
Note: all five regulations listed above are made under the RRCEA
This includes a new administrative penalties regulation to help ensure that producers, manufacturers and importers of tires, batteries, electrical and electronic equipment, blue box materials and hazardous and special products comply with requirements for the collection and end-of-life management of the materials they supply in Ontario.
The new administrative penalties regulation
The proposed administrative penalties regulation establishes:
• a procedure for the Resource Productivity and Recovery Authority to issue an order to pay an administrative penalty for non-compliance with specified provisions of the:
• Resource Recovery and Circular Economy Act, 2016 (RRCEA)
• Tires Regulation (O. Reg. 225/18)
• Batteries Regulation (O. Reg. 30/20)
• Electrical and Electronic Equipment (EEE) Regulation (O. Reg. 522/20)
• Blue Box Regulation (O. Reg. 391/21)
• Hazardous and Special Products (HSP) Regulation (O. Reg. 449/21)
• a method for determining the amount of the administrative penalty
Note: all five regulations listed above are made under the RRCEA
Analysis of Regulatory Impact:
The Administrative Penalties (AP) Regulation imposes no new costs to businesses assuming they comply with the RRCEA and its regulations. The annual compliance costs and administrative costs to businesses are expected to be $0.
There are no direct compliance cost implications to other parties as a result of the proposed AP Regulation, including RPRA, consumers, the government and municipalities.
The AP Regulation is expected to encourage compliance with the RRCEA regulations which set out collection and management requirements for producers of regulated materials. As a result, it is expected that producers will provide Ontarians with convenient collection systems and that the amount of material lost to disposal (e.g., landfill) would be reduced and the amount of material reused or recycled would be increased.
Additionally, the AP regulation allows for a level playing field for those regulated under the RRCEA and its regulations, as it only applies to those regulated parties who are not in compliance who might derive economic benefit from such non-compliance.
There are no direct compliance cost implications to other parties as a result of the proposed AP Regulation, including RPRA, consumers, the government and municipalities.
The AP Regulation is expected to encourage compliance with the RRCEA regulations which set out collection and management requirements for producers of regulated materials. As a result, it is expected that producers will provide Ontarians with convenient collection systems and that the amount of material lost to disposal (e.g., landfill) would be reduced and the amount of material reused or recycled would be increased.
Additionally, the AP regulation allows for a level playing field for those regulated under the RRCEA and its regulations, as it only applies to those regulated parties who are not in compliance who might derive economic benefit from such non-compliance.
Further Information:
Link to Environmental Registry
Proposal Number:
21-MECP029
Posting Date:
September 17, 2021
Summary of Proposal:
As part of our ongoing commitment to protecting the environment, we are strengthening our enforcement tools to hold regulated parties who contravene the legislation and/or regulations accountable for non-compliance.
This includes proposing a new administrative penalties regulation to help ensure that producers, manufacturers and importers of tires, batteries, electrical and electronic equipment, blue box materials and hazardous and special products comply with requirements for the collection and end-of-life management of the materials they supply in Ontario.
This includes proposing a new administrative penalties regulation to help ensure that producers, manufacturers and importers of tires, batteries, electrical and electronic equipment, blue box materials and hazardous and special products comply with requirements for the collection and end-of-life management of the materials they supply in Ontario.
Contact Address:
Effective Date:
January 1, 2023
Decision:
Approved