Waste Reduction Act, 2013 Bradley, Hon. James J. Minister of the Environment — Bill 91 (40th Parliament, 2nd Session)

Bill 91, 40-2

Ontario — Bills

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Bill 91, Waste Reduction Act, 2013

Bradley, Hon. James J. Minister of the Environment

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Original

[40] Bill 91 Original (PDF)

Bill 91 2013

Act to establish a new regime for the reduction, reuse and recycling of waste

and to repeal the

This

Act repeals the Waste Diversion Act, 2002 . For the legislative history

of the Act, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

CONTENTS

PART I

GENERAL

Purpose

Definitions

Crown

bound

Conflict

PART II

WASTE REDUCTION AUTHORITY

Authority and

its Objects

Corporation

continued

Composition

Objects

of the Authority

Board

of directors

By-laws

Operating

agreement

Policy

directions

Advisory

council, advisory process

Review

Annual

business plan

Powers,

Finances and Administration

Powers

of a natural person

Corporations

Act and Corporations Information Act

Professional

assistance

personal liability

Not

Crown agents

Crown liability

Indemnification

Forms

and fees

Fiscal

year

Auditor

Audit

by Auditor General

Annual

report

Registrar and

Other Staff

Registrar

Deputy

Registrars

Inspectors

Employees

Use

of writing

Registry

Registry

Posting

of order in Registry

Administrator

Administrator

Appointment

of administrator, effect on board

Miscellaneous

Right

to use French

Confidentiality

of information

Conflict

PART III

RESPONSIBILITY OF PRODUCERS AND INTERMEDIARIES

General

Purpose

Who

is producer's intermediary

Registration

Duties of

Producers and Intermediaries

Duties

of producers and intermediaries

Service

agreement

Producers' Responsibilities

to Municipalities

Collection

of designated waste and reimbursement of costs

Compensation

formula

Miscellaneous

Reports

by producers

Reports

by intermediaries

Reports

by municipalities

Measures

to increase public awareness and participation

Exception,

products sold by Brewers Retail Inc.

PART IV

INTEGRATED PRICING

Purposes

Definitions

Application

of Part to products

Prices

of products and related environmental protection costs

False,

misleading or deceptive representation

PART V

ENFORCEMENT

Powers and

Duties of Inspectors

Inspection

Power

to require response to inquiries

Identification

Order

for entry or inspection

Samples

and copies

Records

Calling

for assistance of member of police force

Seizure

Seizure

during inspection

Report

to justice, things seized

Compliance Orders

Order

by inspector: contraventions of Act and regulations

Request

for review, orders under s. 65

Administrative

Penalties

Administrative

penalties

Failure

to pay administrative penalty when required

Appeals

Appeal

of order

Extension

of time for requiring hearing

Contents

of notice requiring hearing

Stay

on appeal

Parties

Powers

of Tribunal

Appeals

from Tribunal

Offences

Offences

Obstruction,

etc.

Miscellaneous

Giving

or serving a document

Proof

PART VI

REGULATIONS

General

Regulations,

Lieutenant Governor in Council

Rolling

incorporation by reference

Regulations Relating

Part II

Regulations,

Lieutenant Governor in Council

Regulations,

Minister

Regulations Relating

Part III

Regulations,

Lieutenant Governor in Council

Regulations Relating

Part V

Regulations,

Lieutenant Governor in Council

PART VII

EXISTING WASTE DIVERSION PROGRAMS AND EXISTING INDUSTRY FUNDING ORGANIZATIONS

General

Purpose

Part VII

Definitions

Part

VII objects of Authority

Annual

report

Existing Waste

Diversion Programs

Existing

waste diversion programs continued

Material

change to existing waste diversion program

Change

to existing waste diversion program, required by Minister

Contents

of existing waste diversion program

Existing Industry

Funding Organizations

Industry

funding organizations may be continued

Composition

Management

Chair

Quorum

Voting

By-laws

Remuneration

and expenses

Corporations

Act and Corporations Information Act

Capacity

and powers

Not

a Crown agent

Protection

from liability: Crown

Protection

from liability: directors, etc.

Fiscal

year

Auditor

Operation

of program

Rules

relating to stewards

Existing

rules continued

Payment

of stewardship fees

Existing

funds continued

Annual

report

Industry Stewardship

Plans

Industry

stewardship plans

Existing

industry stewardship plans continued

Winding Up of

Existing Waste Diversion Programs and Existing Industry Funding Organizations

Administrator

Appointment

of administrator, effect on board

Brewers Retail

Inc.

Brewers

Retail Inc.

Enforcement

Provincial

officers

Powers

of provincial officer

Identification

Obstruction

of provincial officer

Offences

Part VII

Regulations

Regulations,

Lieutenant Governor in Council

Regulations,

Minister

Conflict

Regulations

under old Act continued

Repeal

PART VIII

AMENDMENTS TO THIS ACT, REPEAL, COMMENCEMENT AND

SHORT TITLE

Amendments

to this Act

Repeal

Commencement

Short

title

______________

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Part I

General

Purpose

1. The purpose of this Act is to promote the

reduction, reuse and recycling of waste derived from products.

Definitions

2. In this Act,

"Authority"

means the Waste Reduction Authority continued by

section 5; ("Office")

"Deputy Registrar" means a Deputy Registrar appointed by the Registrar

under

section 28; ("registrateur adjoint")

"designated waste" means material that is prescribed as designated waste

by a regulation made under clause 84 (1) (

a) and, for greater certainty, does

not include

Part VII designated waste; ("déchet désigné")

"inspector" means the Registrar, a Deputy Registrar or an inspector

appointed by the Registrar under subsection 29 (1); ("inspecteur")

"intermediary", when used in reference to a producer, means the

producer's intermediary identified in accordance with

section 40;

("intermédiaire")

"justice" means a provincial judge or a justice of the peace; ("juge")

"Minister" means the Minister of the Environment or such other member of

the Executive Council to whom responsibility for the administration of this Act

is assigned or transferred under the Executive Council Act ;

("ministre")

"natural environment" has the same meaning as in the Environmental Protection Act ; ("environnement naturel")

"operating agreement" means an agreement described in

section 10;

("accord de fonctionnement")

"Part VII designated waste" and "Part VII regulations" have the meanings

given to those terms by

Part VII; ("déchet désigné de la

partie VII",

"règlements de la

partie VII")

"place" includes a building, structure, machine, vehicle or vessel;

("lieu")

"prescribed" means prescribed by the regulations; ("prescrit")

"producer" means a person who is prescribed, in respect of a product from which a

designated waste is derived, by a regulation made under clause 84 (1) (c);

("producteur")

"product", when used in reference to a producer, means the product in

respect of which the producer is prescribed; ("produit")

"Registrar" means the Registrar appointed by the Authority under

section

27; ("registrateur")

"Registry" means the registry established under subsection 32 (1);

("registre")

"regulations" means the regulations made under this Act, other than

Part

VII regulations; ("règlements")

"sell" includes,

(

a) offer

for sale, expose for sale or have in possession for sale,

(

b) distribute

to one or more persons, whether for consideration or not, and

(

c) lease,

offer for lease, expose for lease or have in possession for lease; ("vente")

"service standard" means a requirement or prohibition that is prescribed

by a regulation made under subclause 84 (1) (e) (ii); ("norme de service")

"Tribunal" means the Environmental Review Tribunal; ("Tribunal")

"waste class" means a class of designated wastes that is prescribed by a

regulation made under clause 84 (1) (b); ("catégorie de déchets")

"waste reduction services" means services provided for the purpose of

meeting a waste reduction standard or a service standard; ("services de

réduction des déchets")

"waste reduction standard" means a requirement or prohibition that is

prescribed by a regulation made under subclause 84 (1) (e) (i). ("norme de

reduction des déchets")

Crown

bound

3. This Act binds the Crown.

Conflict

4. In the event of conflict between

this Act or the regulations and any other Act or regulation, with respect to a

matter related to the natural environment or human health, the provision that

provides more protection to the natural environment or human health prevails.

Part II

Waste Reduction Authority

Authority

and its Objects

Corporation

continued

5. The corporation without share

capital established under

section 3 of the Waste Diversion

and Réacheminement des déchets Ontario in French is continued as a corporation

and Office de r éduction des d é chets in French.

Composition

6. The Authority is composed of the members of

its board of directors.

Objects

of the Authority

7. The objects of the Authority are,

(

a) to

perform the duties and exercise the powers of the Authority under this Act and

the regulations for the purpose of ensuring that waste reduction activities are

undertaken in accordance with this Act and the regulations;

(

b) to

educate producers, intermediaries, providers of waste reduction services,

consumers and the public about this Act and the regulations;

(

c) to

establish a compensation formula for every designated waste, for the purposes

of paragraph 2 of subsection 44 (5);

(

d) to

establish and make available a facilitation process to assist producers and

municipalities in the resolution of disputes under subsection 44 (6);

(

e) to

conduct public consultations on any matter related to waste referred to the

Authority by the Minister;

(

f) to

advise or report to the Minister on any matter related to waste that he or she

refers to the Authority;

(

g) to

engage in any activity that the operating agreement requires the Authority to

engage in;

(

h) to

determine the amount of money required by the Authority for the purposes of

performing its duties and exercising its powers under this Act and the

regulations; and

(

i) to

perform any other duty or exercise any other power related to waste that is

prescribed by the regulations.

Board

of directors

(1) The board of directors shall

manage or supervise the management of the affairs of the Authority.

Members

(2) The board shall consist of the following members:

1. Members

appointed by the Minister, for a term specified in the appointment.

2. Members

appointed or elected by the board in accordance with the procedures prescribed

by the regulations.

Maximum

number

(3) The maximum number of members appointed under

paragraph 1 of subsection (2) shall be as prescribed by the regulations or, if

no maximum number is prescribed, the maximum number shall be five.

Same

(4) The maximum number of members appointed or elected

under paragraph 2 of subsection (2) shall be as prescribed by the regulations

Document details

Collection	Ontario — Bills
Citation	Bill 91, 40-2
Type	bill
Volume / chapter	p40 s2 bill 91 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	41191f749b253dd3222b0cb401cda7f5983e7805

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