Hazardous Waste Fee Exemption Framework

Proposed changes

As part of Ontario’s Made-in-Ontario Environment Plan commitment to make government work smarter, with processes that are simpler, faster and more cost-effective, the Ministry of Environment, Conservation and Parks continues to modernize hazardous waste reporting by shifting from paper to electronic reports.

The Minister of the Environment, Conservation and Parks issued a written letter of direction to the Resource Productivity and Recovery Authority (the Authority) requiring it to establish a digital reporting service for the Hazardous Waste program. The written direction letter, along with changes to the Resource Recovery and Circular Economy Act (RRCEA) made in Fall 2019, allows the Authority to set and collect fees for the Hazardous Waste program. Before the Authority can establish or amend fees, it is required under the RRCEA to consult with stakeholders.

We are proposing to draft a new regulation under RRCEA that would:

1. Maintain the current fee exemptions for certain hazardous waste management activities by moving them from Regulation 347 to a new regulation to be made under the RRCEA.
2. Move over and adjust other related sections within Regulation 347 in order to update and clarify language.

These changes are related to the Hazardous Waste Digital Reporting Service Modernization proposal, which proposes to amend Regulation 347 in order to modernize and transition the delivery of hazardous waste digital reporting services to the Authority.

Read about and comment on the related changes in the Hazardous Waste Digital Reporting Service Modernization proposal.

Here are some more details on the fee exemption changes we are proposing as a part of this regulatory proposal:

1. Maintain the current fee exemptions for certain hazardous waste management activities by moving them from Regulation 347 to a new regulation to be made under the RRCEA

There are currently certain activities related to hazardous waste that are exempt from paying a program fee. For example, a fee exemption is in place for municipalities that hold hazardous waste collection days. There is also a rule in place to ensure that fees are not applied twice for the same waste.

These fee exemptions are listed in Regulation 347 and are proposed to continue when we transition to the new hazardous waste digital reporting service to be operated by the Authority.

The proposed new regulation under the RRCEA would carry over these fee exemptions, so that fees are not charged for activities that are considered exempt. The Authority would also consider these exemptions when setting program recovery fees.

2. Move over and adjust other related sections from Regulation 347

We are also proposing to move over certain other related sections (i.e. definitions, provide further clarity on fee payments) from Regulation 347 to the new proposed regulation and to adjust the language in those sections in order to provide further clarity for the regulated community.

A. Definitions

There are some definitions that would be expected to be carried over in the new regulation, so that they continue to provide clarity. For example, definitions for ‘risk assessment’, ‘municipal hazardous or special waste’, and ‘phase two environmental site assessment’ would not change but may be needed in the new regulation.

B. Provide further clarity on fee payments

We are proposing to provide further clarity that a fee can only be charged once for a subject waste.

Regulatory impact statement

As part of our plan to make government work smarter, with processes that are simpler, faster and more cost-effective, we are modernizing hazardous waste reporting by shifting from paper to electronic reports.

The proposed changes to Regulation 347 in combination with a new proposed regulation under the RRCEA are anticipated to save businesses time and money.

A modern digital reporting service with mobile capability would make it easier and faster for the regulated community to meet their reporting requirements, reducing administrative burden and costs that the regulated community experiences today.

Combining digital services under the Authority would see a larger group of users sharing common costs and benefiting from a streamlined digital reporting service.