December 2, 2020 Ministry of…

December 2, 2020

Ministry of the Environment, Conservation and Parks
Resource Recovery and Circular Economy Act, 2016
ERO 019-2579

Re: County of Peterborough - Draft Blue Box Regulation Feedback

Summary comments on the draft regulation are addressed in three main areas:
A. Items of agreement
B. Items of concern

Items of Agreement

Staff consider the draft regulation as an important step towards a number of positive expected outcomes for the County and are in agreement with most of the details and clauses presented in the draft regulation.

1. The draft blue box regulation has addressed the issue of smaller municipalities with blue box recycling services being excluded from the new program. All municipalities with blue box recycling services, will continue to receive this service.

2. Expanded Blue Box services to areas that may not be currently serviced by the County (e.g. parks, playgrounds, and outdoor areas), by 2026.

3. An expanded and standardized list of Blue Box materials collected and managed across the Province, likely increasing the number of items that County residents can recycle.

Items of Concern

4. Changes to collection schedules - producers will have a minimum requirement to collect blue box materials bi-weekly.

5. Servicing requirements – Once all municipal blue box programs are transitioned by 2026, the draft regulation removes the requirement for producers to provide depot collection in communities that provide curbside collection to all residents. There are many communities, including the County of Peterborough, where depots are a significant source of blue box material collection. The County recommends that producers must continue to provide at least as many depots for the collection of blue box material as there are depots for household garbage in the municipality, regardless of whether curbside collection is provided.

6. Compostable materials - compostable products and packaging are exempt from collection and targets until it can be determined how they can be best managed and diverted from landfill. There is a concern that exempting compostables will be an incentive for companies to move products and packaging to compostable material to avoid costs. There is also a concern that compostable materials need to be more clearly defined in the regulation to exclude paper-based products and packaging (e.g., pizza boxes, coffee cups) that can be recycled.

7. Targets - the regulation allows producers to reduce their recycling targets through incorporating recycled content from Ontario Blue Box materials into their products. As many products already include recycled content (e.g., glass, cardboard, aluminum), this provision could increase risks with little benefit.

8. Performance audits – The current proposal requires performance audits every 3 years, which increases risks and does little to reduce administrative burden. This would make the monitoring of producer performance too infrequent to identify potential problems and make appropriate program adjustments. Performance audits and reporting must be required on an annual basis.

9. Resource recovery fees – Producers who charge consumers a “resource recovery” or similar fee at the point of sale should be required to report on fees collected, perform audits, and ensure consumers are properly informed about the purpose of the fees charged and how they are spent. There is a broadly held concern that the mechanisms and resources available through the Consumer Protection Act are not sufficient to protect against possible abuse.

10. Transition schedule – A draft transition schedule was provided to municipal governments based on resolutions approved by municipal councils. As these decisions were made with limited information and certainty, it is recommended that more specific dates be provided and a process be established that would allow producers and municipal governments to adjust their transition timing in the schedule by mutual consent.

11. Enforcement mechanisms – Municipal governments remain concerned about the timely development and implementation of the Administrative Monetary Penalties regulation, which is the key enforcement mechanism to ensure a level playing field for the producers and to ensure their targets are met.

Sincerely,

Kasper Franciszkiewicz
Manager, Waste Management
County of Peterborough