Hazardous Waste Fee Exemption Framework

ERO number
019-2331
Notice type
Regulation
Act
Resource Recovery and Circular Economy Act, 2016
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
September 18, 2020 - November 2, 2020 (45 days) Closed
Last updated

This consultation was open from:
September 18, 2020
to November 2, 2020

Decision summary

We are moving forward with a new fee regulation, ‘Subject Waste Program Regulation’, under the Resource Recovery and Circular Economy Act. It outlines requirements that the Resource Productivity and Recovery Authority must adhere to when establishing its fees related to hazardous waste reporting.

Decision details

Ontario is working to ensure waste is properly stored, transported, recycled, recovered and disposed, by modernizing our primarily paper-based hazardous reporting service to a modern digital one. As part of these efforts, we have been working with the Resource Productivity and Recovery Authority (the Authority) to create a digital registry for Ontario’s Hazardous Waste program that better meets the needs of businesses.

The new fee regulation will:

  • modernize the digital reporting service with mobile capability
  • help the regulated community meet their reporting requirements
  • reduce administrative burden
  • see a larger group of users sharing common costs and benefiting from a streamlined digital reporting service

After considering all comments and feedback received on the Hazardous Waste Fee Exemption Framework proposal, we are moving forward with the new Subject Waste Program Regulation (fee regulation) under the Resource Recovery and Circular Economy Act, 2016 (RRCEA), which comes into force on January 1, 2023.

Highlights of the new fee regulation

The new fee regulation outlines requirements that the Authority must adhere to when establishing its fees related to the reporting of hazardous waste.

Under the new fee regulation:

1. We maintained current fee exemptions for certain hazardous waste management activities.

2. We moved over and adjusted other related sections from Regulation 347:

  • We clarified that a tonnage fee can only be charged once for a subject waste, either when it is disposed at the site it is generated at, or at the time it is transported from the generator to be treated or disposed. This will ensure regulated community members are not expected to pay fees a second time, on hazardous waste derived from another hazardous waste that program fees have already been paid for.
  • We clarified how new facilities will be added to the Tonnage Fee Exemption List.

Read about related changes to Regulation 347 in the hazardous waste digital reporting service modernization decision notice, which modernizes and transitions the delivery of hazardous waste digital reporting services to the Authority.

Analysis of regulatory impact

To support processes that will reduce administrative burden, we are modernizing hazardous waste reporting by shifting from paper to electronic reports.

The new fee regulation will:

  • modernize the digital reporting service with mobile capability for the regulated community to meet their reporting requirements
  • see a larger group of users sharing common costs and benefiting from a streamlined digital reporting service

Comments received

Through the registry

8

By email

5

By mail

0
View comments submitted through the registry

Effects of consultation

Overview of consultations

The ministry consulted through a number of channels, including:

  • meeting directly with stakeholders through the ministry’s Hazardous Waste Multi Stakeholder Working Group, consisting of 16 stakeholders that represent different industry sectors, company sizes and geographic areas, between July and October 2020
  • posting a discussion paper on Modernizing Hazardous Waste Reporting in Ontario to the Environmental Registry of Ontario and Ontario Regulatory Registry for a 60-day public comment period from June 19, 2020 to August 18, 2020
  • posting the draft regulation on the Environmental Registry of Ontario and Ontario Regulatory Registry for a 45-day public comment period from September 18, 2020 to November 2, 2020

Summary of feedback received

We reviewed and considered the comments received on the Hazardous Waste Fee Exemption Framework. We received a total of 13 comments.

We appreciate all the feedback received and we will continue to consider comments related to implementation of the modernized system as we update the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste and transition to the new digital reporting service.

The comments received were generally supportive of the direction that the ministry is taking with the new regulation.

Some concerns were expressed related to fees charged by the Authority.

The ministry notes that the Authority’s fees will only cover the costs to deliver, manage and oversee the hazardous waste program which is a cost recovery program.

The Authority’s fee setting policy and processes are transparent and fees are consulted on with the regulated community.

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Contact

HWIN Modernization

Phone number
Office
Program Management Branch - Program Oversight
Address

40 St Clair Avenue West
4th Floor
Toronto, ON
M4V 1M2
Canada

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Original proposal

ERO number
019-2331
Notice type
Regulation
Act
Resource Recovery and Circular Economy Act, 2016
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 18, 2020 - November 2, 2020 (45 days)

Proposal details

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.

Comment

Commenting is now closed.

This consultation was open from September 18, 2020
to November 2, 2020

Connect with us

Contact

HWIN Modernization

Phone number
Office
Program Management Branch - Program Oversight
Address

40 St Clair Avenue West
4th Floor
Toronto, ON
M4V 1M2
Canada