Sent via email lisa…

Sent via email lisa.kingsmore@ontario.ca

Lisa Kingsmore
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, Floor 8
Toronto, Ontario
M4V 1M2

Ms. Kingsmore:

RE: York Region Response – Proposed Tire Regulation under the Resource Recovery and Circular Economy Act - EBR 013-1716

York Region staff would like to thank the Ministry of the Environment and Climate Change (the Ministry) for the opportunity to comment on the proposed Tire Regulation under the Resource Recovery and Circular Economy Act (the Regulation). Municipalities such as York Region can be strong partners to assist in determining an effective path forward.

York Region Council endorsed comments available in March Due to the short duration of the consultation period, York Region Council endorsement of staff comments was not possible prior to submission. This response will be reviewed by Council in March. Should Regional Council have additional comments it is requested that they be considered as a part of this submission.

Staff appreciate the significance of this proposed Regulation York Region supports the Ministry’s proposed Regulation. The Used Tire Program is the first to transition under the Waste Diversion Transition Act, 2016 to the Resource Recovery and Circular Economy Act, 2016 with a termination date of December 31, 2018.

Staff are pleased with the approach taken by the Ministry to maintain accessibility to tire collection sites across the Province. Staff support the proposed Regulation and have outlined detailed comments in the following areas for the Ministry to consider when moving forward with the Regulation:

- Importance of a seamless transition - Provision for accessible tire collection sites - Effective communication - Management of illegally dumped or misdirected tires - Setting program targets - Reporting, auditing and record keeping requirements

Seamless transition critical for successful wind up plan Transition must be carried out with minimal disruption to used tire collection and processing. It is recommended that year-end tire inventories be managed in a responsible manner to avoid any adverse effects to collectors. In particular, year-end inventories and final fees must be paid to those municipalities currently operating as collection sites that will not be transitioned. In addition, sufficient promotion and education should be made available to these municipalities to minimize confusion and educate residents on convenient collection sites.

Maintaining accessibility to tire collection sites across the Province Continued provision of convenient and accessible tire collection sites across the Province will ensure responsible end-of-life management of designated used tires. Municipalities have traditionally offered residents tire recycling through a network of municipal waste depots. Should York Region not be selected by producers to continue as a collection site or decide not to continue as a collector, it is strongly recommended that local collection sites with similar access, hours of operation and service levels be promoted and made available across York Region.

Effective communication to all stakeholders pre and post transition Stakeholder discussions have identified that clear communications throughout the transition will be critical to ensure used tires continue to be captured effectively. Clear and regular communications are important to ensure that program participants are fully aware of plan developments.

Continued promotion and education tactics are required and should include print and online media to reach all audiences throughout the Province in both urban and rural communities. Education efforts should focus on notifying the public about the tire program under the Regulation and how to find a local tire collection site.

Collection standards and targets are necessary for continued success Consistent and timely haulage of tires from collection sites must be maintained to preserve the integrity of the used tire collection network. Under the Regulation, collectors must have assurances that regardless of producer targets being met in a given year, consistent haulage be guaranteed to avoid a backlog of used tire inventory at a collection site. Haulers must be prepared and structured to deliver effective hauling services year round. Producers must also continue to manage the program year round regardless of meeting their annual targets. It is recommended that performance targets be maintained or exceeded, with penalties for not achieving mandated targets.

Enforcement required for illegally dumped or misdirected tires Under the proposed Regulation, tire producers would be held environmentally and financially responsible for recovering resources and reducing waste associated with tires that they supply into the Ontario market. York Region recommends a plan be developed and communicated across the Province to ensure tires are being recycled not disposed. Processes must be established to manage illegally dumped tires. Regardless of whether municipalities are a collection site, they continue to be responsible for managing illegally dumped tires in their communities and also for any tires found in the garbage stream at municipal waste depots. The Resource Productivity and Recovery Authority (the Authority) must establish an enforcement program to manage illegally dumped or misdirected tires across the Province.

Effective oversight through reporting, auditing and record keeping The Authority is responsible for the oversight, compliance, enforcement and collecting data from all parties in order to oversee and assess performance. While, York Region supports the continued oversight and measurement it is recommended that processes be streamlined to avoid duplication of efforts and undue administration.

Until the Regulation is passed and producers set collection requirements, it is unknown whether York Region will continue to be a collector under the Regulation. In order to decide whether to continue as a collector or not, it is strongly recommended that producers provide clarity around reporting requirements and collector agreements. Region staff thank the Ministry for considering these comments and for continued opportunities to comment on the Regulation

Staff would like to thank the Ministry for considering these comments and for continuing to engage municipalities as the Ministry moves forward with the Regulation. If you have any questions regarding this response or would like to discuss further, please contact Lindsay Milne, Manager, Sustainable Waste Management at lindsay.milne@york.ca.

Sincerely,

Laura McDowell, P. Eng.
Director, Environmental Promotion and Protection Environmental Services

[Original Comment ID: 212093]