This consultation closes at 11:59 p.m. on:
November 27, 2019
We are proposing to change the Resource Productivity and Recovery Authority’s mandate to include digital reporting services through its registry for a wider range of waste and resource recovery programs. Combining these services would save businesses time and money as a larger group of users would share costs and benefit from a modern registry.
This proposal notice is part of the proposal for the Better for People, Smarter for Business Act.
We are proposing to make reporting easier and faster for regulated communities by changing the mandate of the Resource Productivity and Recovery Authority (RPRA). To do this, we need to amend the Resource Recovery and Circular Economy Act (RRCEA), the Environmental Protection Act (EPA) and the Waste Diversion Transition Act (WDTA). This would allow RPRA to offer digital reporting services for a wider range of waste and resource recovery programs.
The Resource Productivity and Recovery Authority
RPRA is a non-Crown and not-for-profit responsible for:
- administering producer responsibility through resource recovery and waste reduction programs
- operating a public digital registry to receive and share data
- providing oversight, compliance and enforcement functions under the RRCEA and WDTA
Changing RPRA’s mandate would leverage their existing assets and knowledge.
1. Change RPRA’s mandate to include digital reporting services, fee setting, and cost recovery for other programs beyond producer responsibility
Currently RPRA only collects information related to resource recovery and waste reduction programs. We are proposing to have RPRA collect information for other programs beyond resource recovery and waste reduction. This would include having RPRA carry out registration of programs and overseeing reporting, data management and fee collection for duties related to waste, beyond waste reduction, or resource recovery. This would save all businesses money as a larger group of system users would be sharing common costs.
RPRA currently sets and collects fees to recover the costs for administering programs under the RRCEA. We are proposing changes to allow RPRA to set and collect fees for the digital reporting services they would be providing for any new programs they take on. The fees would include costs incurred by the ministry for program oversight, compliance and enforcement.
2. Maintain government oversight for the programs that will transition to RPRA
We are proposing to allow the ministry to set guidance on fee structures for the programs that RPRA will be providing digital reporting services.
Compliance and enforcement for future programs taken on by RPRA will remain the responsibility of the ministry. RPRA would be responsible for operating the digital reporting service to ensure reports are complete and related fees are collected.
We are not proposing any changes to the existing ministry oversight of RPRA.
3. Make other associated changes
Currently, the ministry recovers its program costs through an Order in Council. We are proposing to recover all ministry costs more efficiently through a Minister’s Order.
The WDTA sets out RPRA’s responsibilities, including its responsibility to oversee the transition of waste diversion programs operated by industry funding organizations (IFOs), to the new extended producer responsibility framework under the RRCEA. We propose to amend the WDTA to allow the transfer of residual surplus funds left at the end of transition, from an IFO to RPRA. While most funds are spent during program transition, some funds may still remain at the end of the transition. This change would allow those residual funds to go to RPRA, where they would be used to reduce fees and financially benefit the regulated community related to the program being transitioned.
We are also proposing to permit future regulations that could assign additional duties and powers to RPRA. The ministry would consult on any future regulations.
Rationale for proposed changes
We are building a modern government to be simpler, faster and more cost-effective, while ensuring we have the right rules and regulations, which are supported by effective enforcement. This proposal:
- Helps meet Ontario’s Environment Plan commitment of ensuring waste is properly stored, transported, recycled, recovered and disposed. We will benefit from RPRA’s existing assets and knowledge.
- Supports burden reduction by providing efficient digital services for businesses.
- Enables more efficient compliance monitoring and timely enforcement actions, which would provide assurance for Ontarians that polluters are held accountable.
- Increases the number of RPRA stakeholders, creating a larger group of users to share common program costs.
Proposed program to transition to RPRA
The first digital reporting service we are proposing to transition to RPRA is for the Hazardous Waste program. In 2020, we will be consulting on specific regulatory changes related to Hazardous Waste.
Currently the Hazardous Waste program’s digital reporting service is difficult to use resulting in the majority of reports being submitted on paper (e.g. manifests). To make reporting easier, we are proposing to have RPRA develop and deliver a digital reporting service for this program.
Analysis of regulatory impact
The proposed amendments to change the mandate of the Resource Productivity and Recovery Authority to include digital reporting services for other programs, will help business achieve efficiencies and cost savings in the future. We will post an analysis of regulatory impact for consultation when we return with regulations to support this initiative in the future.
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