**Submission 2 of 2 from…

**Submission 2 of 2 from City of Toronto**

Common Collection System:
Our understanding of the policy intent of the annual allocation table is to ensure any servicing issues can be addressed quickly and efficiently. However, the scope and complexity of this part of the regulation seems to encompass much more. For example, the draft regulation provides the ability for producers to make their own rules under the regulation that then have the force of law. The scope of these rules is not well defined or understood. Municipal governments are concerned that these rules could be used in a way that conflicts with the public interest such as:
• superseding other legislation, regulations, and bylaws,
• hindering competition in the marketplace,
• unfairly burdening some companies to the benefit of others.
Further, if only one organization is able to meet the proposed threshold for participating in the preparation of the rules, they would have an ability to create their own rules without any oversight.
Given these rules have the force of law, municipal governments have concerns about protecting the public interest and what mechanisms the Province will employ to achieve this. It will also be critical to ensure that the proposed process works if there is only one PRO or multiple PROs.
There is also concern that the proposed 10% threshold to enable producers and/or PROs to participate in the process appears too high and will hinder competition.
Recommendations:
1. The 10% threshold is too high and should be reduced.
2. The annual allocation table process must work in a manner that protects the public interest if there is one PRO or multiple PROs.

Industrial, commercial and institutional (IC&I) servicing:
Toronto is very pleased to see on the Environmental Registry that consultation will begin shortly on updating the IC&I waste framework. The Ministry has been officially reviewing this framework since February 18, 2013, when a request was submitted under Part IV of the Environmental Bill of Rights.3 It is hoped that progress can finally be made, given this sector represents a larger portion of the waste generated and disposed in the province and action is required to achieve Provincial objectives to establish a circular economy.
There is some concern from municipal governments in the interim that some small businesses, charities, or faith-based organizations could have difficulties receiving servicing in largely residential areas. We urge the government to ensure that these entities can continue to receive servicing through some other means (e.g. mutual agreement between producers and municipalities to continue collection on a fee per service basis).
Recommendation:
1. While municipal governments understand these sources are out-of-scope in the Blue Box regulation development process, real progress on waste diversion will not occur without focusing on IC&I waste. We look forward to participating in the full consultation on the IC&I waste framework in the near future.
3 Available at http://docs.assets.eco.on.ca/applications/2016-2017/R2012013-undertaken….

Thank you for the opportunity for Toronto to provide our thoughts on the draft regulation. The commitment and continued dedication to bring forward this tremendously important regulation is commendable. With the inclusion of the modifications discussed above, Ontario will be on its way to once again becoming a world leader in recycling management.

Should you have any questions regarding this submission, please contact Annette Synowiec, Director, Policy, Planning & Outreach, Solid Waste Management Services by phone at 416-392-9095 or email at Annette.Synowiec@toronto.ca.

Yours truly,
Matt Keliher
General Manager
Solid Waste Management Services