This consultation was open from:
January 9, 2017
to February 23, 2017
The Resource Recovery and Circular Economy Act, 2016 was proclaimed on November 20, 2016. This legislation includes a number of governance, accountability and transparency measures to help ensure that the new Act operates effectively and that the government has oversight measures consistent with best governance practices.
On November 30, 2016 the Ontario Government proclaimed the Resource Recovery and Circular Economy Act, 2016, (RRCEA) and the Waste Diversion Transition Act, 2016 (WDTA), enacted by the Waste-Free Ontario Act, 2016 (WFOA).
The RRCEA overhauled Waste Diversion Ontario (WDO) – the former oversight body under the Waste Diversion Act, 2002 – to become the Resource Productivity and Recovery Authority (Authority), a non-Crown and not for profit organization. Under the RRCEA, the Authority is responsible for providing effective oversight, developing and operating a data clearinghouse, and undertaking compliance and enforcement related to the new producer responsibility regime under that Act. The Authority is also responsible for oversight, compliance and enforcement related to existing waste diversion programs and their wind-up under the WDTA.
The legislation includes a number of governance, accountability and transparency measures to help ensure that the new Authority operates effectively and that the government has oversight measures consistent with best governance practices. Under the RRCEA, a key oversight measure is the requirement for the Minister and the Authority’s initial board to enter into a transitional operating agreement within 120 days of proclamation.
MOECC is proposing a transitional operating agreement that aims to:
- Set out the accountability framework between the government, through the Minister, and the Authority and clarify the administrative, financial, working and reporting relationships between the two parties;
- Clarify the roles, duties and responsibilities of the Minister and the Authority in relation to the RRCEA, WDTA and any administrative matters under the Acts and regulations;
- Set out matters that the Minister considers advisable in the public interest relating to the Authority’s carrying out of its objects, including its governance and operations; and
- Promote openness and transparency to serve the public interest.
The operating agreement was developed with the following key guiding principles:
- Builds on strong accountability and transparency provisions in the legislation;
- Draws upon modern governance principles;
- Reflects the Authority’s role under the legislation to conduct oversight and operate a data clearinghouse in the resource recovery and waste reduction sector; and
- Designed for long-term use but also reflects the transitional period for the initial board.
The operating agreement includes the following key provisions relating to the Minister and the Authority:
The Minister is accountable to the Legislative Assembly and has a legislative oversight role with respect to the Authority. The Authority is accountable to the Minister through the Chair for the performance of the Authority.
Roles and Responsibilities
The Minister is responsible for a number of matters including developing legislation, regulations and policies related to resource recovery or waste reduction, and for overseeing the Authority’s performance. The Authority is responsible for several matters, including: carrying out its objects in accordance with the legislation, conducting its operations in an efficient and economical manner, establishing by-laws and other tools promoting good governance and undertaking risk-based compliance and enforcement.
Board Composition, Appointments and Elections
Includes provisions setting out Board member qualifications and disqualifications, as well as requirements relating to member terms, elections and evaluating performance.
Establishes fee-setting principles for the Authority to consider, in addition to the public consultation requirements set out in the legislation.
Schedule A of the operating agreement sets out an information sharing protocol between the Authority and the Minister.
Code of Conduct
Schedule B of the operating agreement sets out principles for the Authority to be consistent with in developing a code of conduct for its board members. This includes requiring the board to develop by-laws and other tools establishing requirements with respect to conflict of interest.
Access and Privacy Code
Schedule E of the operating agreement sets out principles for the Authority to be consistent with in developing an access and privacy code. In addition to following the confidentiality provisions in the legislation, the operating agreement also requires the Authority to develop and maintain an access and privacy code addressing issues of access to information, protection of personal information, and effective procedural remedies.
As per section 37 of the RRCEA, the Authority and its members of the Board, officers, employees and agents are not agents of the Crown in right of Ontario.
Other public consultation opportunities
The Ministry of the Environment and Climate Change will be holding teleconference sessions with interested stakeholders to present an overview of the transitional operating agreement, answer any questions and receive feedback from participants.
Regulatory impact statement
Under the RRCEA, a key oversight measure is the requirement for the Minister and the Authority’s initial board to enter into a transitional operating agreement within 120 days of proclamation. Subsection 28 (9) of the RRCEA provides that section 16 of the Environmental Bill of Rights, 1993 and the other provisions of that Act that apply to proposals for regulations, apply with necessary modifications to an operating agreement under consideration by the Minister under this section and, for that purpose, the operating agreement is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act. It is anticipated that the transitional operating agreement will not directly impact Ontarians as it is an administrative governance document between the Minister and the Authority.
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