This consultation was open from:
May 24, 2017
to July 8, 2017
Decision summary
We introduced a new penalty under Waste Diversion Transition Act to help ensure compliance with the legislation and its regulations. This will help to make sure the environment remains protected during the transition to the new producer responsibility framework.
Decision details
Decision of regulation
On May 24, 2017, the ministry published a regulation proposal notice for a 45-day comment period to seek input on a draft regulation to implement administrative penalties under the Waste Diversion Transition Act, 2016.
After considering input received from stakeholders on this proposal, a decision was made to implement the regulation. The regulation (O. Reg. 414/17) was filed with the Registrar of Regulations in accordance with Part III (Regulations) of the Legislation Act, 2006 on November 3, 2017.
The Waste Diversion Transition Act, 2016 (WDTA) governs the operation of existing waste diversion programs, until the designated wastes that are subject to those programs are transitioned to the new producer responsibility regime under the Resource Recovery and Circular Economy Act, 2016 (RRCEA). It enables the wind-up of the existing waste diversion programs and the Industry Funding Organizations (IFO) that operate these programs.
The Resource Productivity and Recovery Authority (the Authority
) is responsible for the oversight of existing programs under the WDTA and the producer responsibility scheme under the RRCEA, including compliance and enforcement under both acts. Strong oversight and governance will help facilitate a smooth transition from the previous waste diversion framework to the new producer responsibility regime under the RRCEA.
Under the WDTA, one of the compliance and enforcement tools that is governed by regulation is issuing orders to pay administrative penalties. An administrative penalty is a monetary penalty that can be imposed by the Registrar or Deputy Registrar of the Authority to achieve the following purposes, as described in the WDTA:
- To ensure compliance with the WDTA and its regulations
- To prevent a person from deriving economic benefit from non-compliance with regulatory requirements
Comment(s) received on the proposal: 7
Public Consultation on the proposal for this decision was provided for 45 Days, from May 24, 2017 to July 08, 2017.
As a result of public consultation on the proposal, the Ministry received a total of 7 comments: 7 comments were received in writing and 0 were received online.
Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice.
Effects of consultation
Effect(s) of consultation on this decision
The comments received on the regulatory proposal were considered in the development of the final regulation. The ministry also considered comments raised at the informational webinar held on June 21, 2017 with the broad stakeholder community.
The ministry reviewed and considered the comments from stakeholders and, where appropriate, revised the draft regulation posted on May 24, 2017 to address comments received. Some of the feedback raised by stakeholders would need to be addressed outside of the regulation through the development and implementation of policies and guidelines by the Authority, or is already addressed through other mechanisms (e.g., provisions in the WDTA or Transitional Operating Agreement between the Minister and the Authority).
Key amendments to the regulation include:
- Addition of a new provision clarifying that multiple orders for the same continuing contravention cannot exceed the prescribed cap for that contravention (see clause 3(1) 5)
- Changes to contraventions under Table 3 (Maximum Amount of Administrative Penalty per day for Continuing Contraventions) of the regulation to include O. Reg. 357/17 (Industry Funding Organizations – Rules that Apply on Winding Up) and amendments to O. Reg. 390/16 (Used Tires) made since the proposal was posted (see Table 3, items 19 – 22)
- For greater certainty, a requirement that the notice the Registrar/Deputy Registrar provides when deciding not to issue an administrative penalty is provided in writing (see subsection 5(2))
- For greater clarity, addition of a provision stating that a decision not to issue an administrative penalty order does not prevent the Registrar or Deputy Registrar from reissuing a notice of intent at a later date for the same contravention (see subsection 5(3))
- For clarity and consistency with the notice of intent that an administrative penalty order may relate to more than one contravention (see subsection 7(2))
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
11th floor
Toronto ,
ON
M4V 1P5
Canada
Connect with us
Contact
John Fox
40 St. Clair Avenue West
8th floor
Toronto,
ON
M4V 1M2
Canada
Original proposal
Proposal details
Description of regulation
The Waste Diversion Transition Act, 2016 (WDTA) governs the operation of existing waste diversion programs, until the designated wastes that are subject to those programs are transitioned to the new producer responsibility regime under the Resource Recovery and Circular Economy Act, 2016 (RRCEA). It enables the wind-up of the existing waste diversion programs and the Industry Funding Organizations (IFO) that operate these programs.
The Resource Productivity and Recovery Authority (the Authority
) is responsible for the oversight of existing programs under the WDTA and the producer responsibility scheme under the RRCEA, including compliance and enforcement under both acts. Strong oversight and governance will help facilitate a smooth transition from the previous waste diversion framework to the new producer responsibility regime under the RRCEA.
A range of graduated compliance and enforcement tools have been established for use by the Authority under the WDTA and the RRCEA to help facilitate compliance with and enforcement of both acts. These tools include: undertaking administrative inspections, requiring regulated persons to respond to inquiries, and issuing an order to pay an administrative penalty. The legislation also identifies offences, which could be investigated, and if warranted, dealt with through court proceedings.
Under the WDTA, one of the compliance and enforcement tools that is governed by regulation is issuing orders to pay administrative penalties. An administrative penalty is a monetary penalty that can be imposed by the Registrar or Deputy Registrar of the Authority to achieve the following purposes, as described in the WDTA:
- To ensure compliance with the WDTA and its regulations
- To prevent a person from deriving economic benefit from non-compliance with regulatory requirements
The proposed regulation would govern the determination of the amount of, and the manner in which Authority staff will issue an order to pay an administrative penalty for non-compliance with the WDTA and its regulations.
The details of the proposed regulation are outlined in the draft regulation attached to this posting.
Purpose of regulation
If approved, the proposed regulation will allow the Authority to issue an order to pay an administrative penalty. This will provide an additional compliance tool for the Authority to use when overseeing existing waste diversion programs and to assist in the orderly wind up of the programs until the wastes subject to the programs are governed by the new producer responsibility regime under the RRCEA. By authorizing the Authority to issue an order to pay an administrative penalty, the Authority can choose the most appropriate and effective compliance tool, or combination of tools, to maximize compliance and prevent or deter future non-compliance.
Other information
The ministry is considering other opportunities for implementing administrative penalties to encourage compliance with its legislation; including, implementation of administrative penalties under the Resource Recovery and Circular Economy Act, 2016 and Climate Change Mitigation and Low Carbon Economy Act, 2016. The ministry intends on developing a fair, transparent and consistent approach to implementing administrative penalties as part of this proposal and any future administrative penalty proposals.
Public consultation
This proposal was posted for a 45 day public review and comment period starting May 24, 2017. Comments were to be received by July 08, 2017.
All comments received during the comment period are being considered as part of the decision-making process by the Ministry.
Please Note: All comments and submissions received have become part of the public record.
Other public consultation opportunities
The ministry is also intending to hold an information session for interested stakeholders in order to provide an overview of this proposal, to respond to questions and/or concerns related this proposal and to discuss the anticipated impact of the regulatory amendments on specific companies and/or sectors.
Regulatory impact statement
The proposed regulation, if implemented, will assist the Authority in undertaking compliance and enforcement activities under the WDTA, in order to facilitate compliance with the WDTA and its regulations. Enforcing the WDTA and its regulations will assist with the orderly operation of waste diversion programs. This will provide for the continued reduction, reuse and recycling of designated wastes until the programs are wound up, and the wastes that are subject to the programs are governed under the RRCEA.
Only those businesses that are not in compliance with the requirements of the WDTA and its regulations may be subject to an administrative penalty and any associated costs, should the Authority staff decide to issue one. As a result, those businesses that are in compliance with the legal requirements would not have any additional costs or impacts associated with this regulatory proposal. Given that the Authority may undertake a graduated response to non-compliance depending on the circumstances of the contravention – compliance may be achieved using a number of tools, including an order to pay an administrative penalty.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
11th floor
Toronto ,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from May 24, 2017
to July 8, 2017
Connect with us
Contact
Mansour Khan
135 St. Clair Avenue West
11th floor
Toronto ,
ON
M4V 1P5
Canada
Comments received
Through the registry
0By email
7By mail
0