Oversight of Stewardship Programs

Transcription

1 Oversight f Stewardship Prgrams 2017 Cnference n Canadian Stewardship September 28, 2017

2 Overview Plicy framewrk and legislative cntext Strategy fr a Waste-Free Ontari Building the Circular Ecnmy Resurce Recvery and Circular Ecnmy Act, 2016 (RRCEA) Waste Diversin Transitin Act, 2016 (WDTA) Mving t new framewrk Minister s rle Authrity s mandate and key activities Registry Cmpliance and enfrcement Winding Up Used Tires Prgram and Ontari Tire Stewardship (OTS) Amending Blue Bx Prgram Plan 2

3 Plicy Framewrk Prvincial gvernment s Strategy fr a Waste-Free Ontari Building the Circular Ecnmy sets ut Objectives Enhance prvincial directin and versight Enable efficient and effective recvery systems Increase waste reductin, imprve resurce prductivity Create cnditins fr sustainable end-markets Targets 30% diversin by % diversin by % diversin by

4 Legislative Cntext Resurce Recvery and Circular Ecnmy Act, 2016 Resurce Prductivity and Recvery Authrity came int effect Nn-Crwn bdy with new bjects, pwers, cmpliance and enfrcement tls, enhanced versight and accuntability New regime where prducers are accuntable fr their prducts and packaging, recvering resurces and reducing waste as set ut in regulatins Waste Diversin Transitin Act, 2016 Sets ut prvisins t cntinue existing diversin prgrams until windup as directed by the Minister Upn wind-up, stewards will be bligated under the RRCEA 4

5 Mving t a Circular Ecnmy Under the RRCEA, the Minister may Issue resurce recvery/waste reductin plicy statements Varius parties must act cnsistently with plicy statements e.g. Authrity when perfrming its duties and exercising its pwers Obligated parties when perfrming their duties Persns exercising pwer r perfrming duties under varius Acts e.g. Municipal Act, City f Trnt Act, Planning Act» Including fficial plans and zning by-laws Cndminium Act Envirnmental Prtectin Act Envirnmental Assessment Act 5

6 Mving t a Circular Ecnmy Under the RRCEA, the gvernment may Set resurce recvery requirements in regulatins Scpe f designated prducts and/r packaging Obligated parties: brand hlders; persns with cmmercial cnnectin, thers perfrming resurce recvery/waste reductin activities Cllectin and management respnsibilities including perfrmance bjectives Management thrugh reuse, use in making new prducts/packaging, use as a nutrient fr imprving the quality f sil, agriculture r landscaping Nt by prhibited methds f handling, reusing, recycling, recvering r dispsing Management by prhibited methds wuld nt cunt twards perfrmance bjectives 6

7 Mving t a Circular Ecnmy Under the RRCEA, the gvernment may Set waste reductin requirements in regulatins Increase the material s reusability and recyclability Reduce r eliminate any impact the material may have n the recyclability f ther materials in the class Reduce the amunt f waste generated at the end f the prduct s r packaging s life Reduce r eliminate the use f any substance in the material Increase the use f recvered resurces in the making f the material 7

8 Mving t a Circular Ecnmy Authrity s Mandate Operate a registry t Register parties bligated by regulatins Receive infrmatin frm bligated parties as set ut in regulatin Use the infrmatin t Supprt cmpliance and enfrcement activities Reprt n prgress tward a circular ecnmy Supprt gvernment t develp evidenced-based plicies Manage the infrmatin accrding t an Access and Privacy Cde Access: in the spirit f gvernment s pen data apprach t facilitate innvatin and mre agile adaptatin t a circular ecnmy Privacy: prtect private and cmmercially sensitive infrmatin 8

9 Cmpliance and Enfrcement Authrity s Mandate Appint a Registrar (wh can then appint Deputy Registrars) Under the WDTA Oversee peratin f prgrams until wind up Cnduct cmpliance and enfrcement f IFO and steward bligatins Apprve wind-up plans develped by IFOs; versee implementatin f apprved plan Appint an individual as an administratr f an IFO under specific circumstances T facilitate wind up f the prgram and/r IFO If the IFO Bard des nt have qurum If the IFO has dealt with mney r anther asset ther than in accrdance with an IFO s duties Under the RRCEA Cnduct cmpliance and enfrcement f resurce recvery and waste reductin requirements set ut in regulatins 9

10 Cmpliance and Enfrcement Authrity s Tls Cmpliance Orders, Administrative Penalties Cmpliance rders can be issued under the RRCEA Administrative penalties (APs) can be issued under RRCEA and WDTA Issued fr nn-cmpliance f specific prvisins in the Acts and regulatins Only Registrar and Deputy Registrar issue APs Amunt f APs set in regulatin Examples f nn-cmpliance fr which APs can be levied Under WDTA: failure f a steward t cmply with the IFO s rules fr stewards r pay fees t the IFO; failure f the IFO t submit an annual reprt by April 1; failure f an IFO t prvide infrmatin requested by the Authrity Under RRCEA: failure t register with the Authrity; failure t pay registratin fee; failure t keep required recrds; failure t reprt required infrmatin Cmpliance rders and APs can be appealed t the Envirnmental Review Tribunal 10

11 Cmpliance and Enfrcement Authrity s Tl Prsecutins; Gvernment s Tl - Ban n Sale Breaches f specified prvisins in the RRCEA and WDTA by regulated persns culd result in prsecutrial actin Examples under WDTA: IFO uses its mney r assets incnsistent with the purpses f the Act; IFO engages in cmmercial activity thrugh an individual, crpratin r ther entity that is related t the rganizatin, t a member f its bard f directrs r t an fficer f the rganizatin Examples under RRCEA: brand hlder des nt cmply with a cmpliance rder; brand hlder des nt cmply with prescribed resurce recvery and waste reductin requirements Gvernment may impse a ban n the sale f a prduct r packaging in extrardinary circumstances f nn-cmpliance Examples under RRCEA: failure t establish a cllectin system fr a material; habitual failure t meet prescribed resurce recvery and waste reductin requirements 11

12 Mving t New Framewrk Winding Up Used Tires Prgram and OTS Minister issued directin t wind-up the Used Tires prgram and OTS Letter sent t OTS n February 17, 2017 sets ut directin with which the plan must be cnsistent and required cntent Develped in accrdance with Minister s directin, WDTA, regulatins Develped thrugh cnsultatin with stewards, municipalities and ther affected stakehlders Submitted t the Authrity by Octber 31, 2017 Letter sent t OTS n June 30 th, 2017 t deal with PLT surplus and OTR deficit Used Tires prgram will cease peratins n December 31, 2018 Minister als issued plicy directin t Authrity re versight f surplus and deficit Cnsultatin with municipalities, stewards and affected stakehlders By OTS during develpment f the wind-up plan By the Authrity during assessment f the OTS wind-up plan 12

13 Mving t New Framewrk Amending Blue Bx Prgram Plan Minister issued a requirement letter t amend Blue Bx Prgram Plan (BBPP) Sent jintly t the Authrity and Stewardship Ontari n August 14, 2017 setting ut principles with which the amended plan must be cnsistent and required cntent Develped in accrdance with Minister s directin, WDTA, regulatins Develped thrugh cnsultatin with stewards, municipalities and ther affected stakehlders Submitted t the Minister by February 15, 2018 Authrity and Stewardship Ontari develped Stakehlder Engagement and Cmmunicatins Plan Cnsultatin in Octber t cnsider cmpnents f amended plan Stakehlder input n cmpnents cnsidered when drafting amended Plan Cnsultatin in December t review draft amended Blue Bx Prgram Plan 13

14 Mving t New Framewrk Key Elements f Minister s Directin t Amend BBPP 1 st phase f transitin under WDTA; fllwed by 2 nd phase under RRCEA Minister s directin aligns with future cnditins t set stage fr transitin t RRCEA Plan must nt create barriers t cmpetitin in the 2 nd phase f transitin Plan must describe hw cntracts held by Stewardship Ontari will be managed upn wind up f the BBP t enable cmpetitin when under the RRCEA Expand definitin f paper prducts and packaging (PPP) Establish methds t facilitate reductin f waste generated and discurage use f materials that are difficult t recycle and have lw recvery rates Nn-transitined municipalities Amended Plan t define eligible csts n which payments will be based Transitined municipalities Can decide whether they wish t act n behalf f Stewardship Ontari fr the prcurement and cntract versight f PPP cllectin services 14

15 Mving t New Framewrk Under Develpment Frm the Ministry f the Envirnment and Climate Change RRCEA regulatin fr Used Tires Fd and Organic Waste Framewrk Frm the Authrity Business Plan Cnsultatin n a General Fee Setting Plicy Fllwed by cnsultatin n registratin fees fr thse bligated under RRCEA regulatin fr Used Tires 15

16 Members f ur Team in Attendance Frank Dentn CEO fdentn@rpra.ca Mary Cummins Prgram Lead Blue Bx, MHSW mcummins@rpra.ca Carmelina Macari Prgram Lead Tires, WEEE cmacari@rpra.ca