28 January 2016
The Ontario Ministry of the Environment and Climate Change held a 5-hour consultation this afternoon about a proposed framework for a Waste-Free Ontario. Some 60 people attended, mostly representing municipalities and businesses but Waste Watch Ottawa, the National Zero Waste Council and the Greenspace Alliance were also there.
Here are the agenda, the consultation guide and the deck that was used in the presentation.
Comments are invited till February 29 via the EBR web site; the No. is 012-5832. Direct link: http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTI2Njk0&statusId=MTkxMjM1&language=en.
Bill 151, the Waste-Free Ontario Act, was tabled last November.
This is a laudable but very ambitious endeavour (slide 19):
Bill 151 includes a long statement of what constitutes the provincial interest. There would be Policy Statements. Persons and entities would be required to have regard to the provincial interest and be consistent with the policy statements. There would be wide-ranging ability to make regulations, first and foremost about designated materials. Current programs, Industry Stewardship Programs and Industry Funding Organizations would be phased out and there would be a new Resource Productivity and Recovery Authority. Appeals of the Authority could be appealed to the Ontario Municipal Board or the Environmental Review Tribunal, or to a Joint Board. A Ministry-appointed Director could require a ‘producer’ to undertake a review or provide a plan; non-compliance would be an offence.
Over the next several years, this promises to completely transform how waste is handled in Ontario, with a key principle being total ‘producer’ responsibility for the end-of-life management of their products including packaging. There will be a gradual transition away from the current regime and its four provincial programs (Waste Electrical and Electronic Equipment, Municipal Hazardous or Special Waste, the Used Tire Program, and the Blue Box Program; Organics is currently at the discretion of municipalities but would become a provincial program).
Waste Watch Ottawa noted that the Minister has stated repeatedly over the past year or so that incineration and waste-to-energy projects were not going to be allowed under the new regime. In reply, it was stated that incineration was not going to be part of this initiative.
Another participant noted that national and international standards have to be taken into account.
My contributions to the discussion included:
+ there should be a report about what has worked in other jurisdictions on the planet;
+ there should be no appeal to Cabinet from a decision by a Tribunal (slide 9), as that introduces politics and is an opaque process; like with the OMB and the Planning Act, appeals should be to Divisional Court and then only on matters of law. I again put in a plug for changes to the Act governing Joint Boards so that any appellant, not just the proponent, would be able to request one;
+ the Minister should prepare progress reports every two years, not every five years as proposed (slide 10).
Erwin
UPDATE – 5 July 2016
The ministry has posted on the Environmental Registry a description of proposed regulations under the Waste Diversion Transition Act, 2016 (WDTA) regarding the waste diversion programs. These regulations will allow the programs to continue to operate under the WDTA until they are wound-up. The proposal notice on the Environmental Registry outlines the proposed changes between the current regulations under the Waste Diversion Act, 2002, and the new proposed regulations under the WDTA. The changes are largely administrative and technical in nature.
If you would like to discuss further, please contact Trevor Craig at 416-212-4316, or via e-mail at trevor.craig@ontario.ca.
UPDATE – 30 November 2016
From the Ministry of the Environment and Climate Change:
Today the Ontario Government proclaimed the Resource Recovery and Circular Economy Act, 2016 and the Waste Diversion Transition Act, 2016, enacted by the Waste-Free Ontario Act, 2016. I’d like to take this opportunity to thank you for your ongoing support for the waste-free Ontario framework. This framework will help us move towards a circular economy, which will increase resource recovery and reduce waste in Ontario.
Upon proclamation, the legislation came into effect and the Waste Diversion Act, 2002 was repealed. In addition, new regulations for existing diversion programs under the Waste Diversion Transition Act, 2016 came into effect.
Waste Diversion Ontario has now been overhauled to become the Resource Productivity and Recovery Authority (the Authority). The Minister has appointed the initial board for the Authority. Please refer to the attached document for a list of board members, including brief biographies.
In the coming weeks we will be posting to the Environmental Registry a draft Transitional Operating Agreement between the Minister and the Authority. At that time, I will invite you to provide comments.
In the near future, the ministry will release the proposed Strategy for a Waste-Free Ontario: Building a Circular Economy for further consultation prior to finalizing it. The proposed strategy will address comments received on the draft version that was posted in November 2015. The strategy, once finalized, will serve as a roadmap to shift Ontario toward a circular economy.
I look forward to continuing to work together on implementing the waste-free Ontario framework.
Sincerely,
s/ Wendy Ren, Director, Resource Recovery Policy Branch
UPDATE – December 16, 2016
From the Ministry of the Environment and Climate Change:
The Resource Recovery and Circular Economy Act, 2016 requires the Minister of the Environment and Climate Change to develop and maintain the Strategy for a Waste-Free Ontario: Building the Circular Economy to support the provincial interest in having a system of resource recovery and waste reduction.
Today the Minister released the proposed Strategy for a Waste-Free Ontario: Building the Circular Economy for further consultation prior to finalizing it. The proposed strategy addresses comments received on the draft version that was posted in November 2015.
Once finalized, the Strategy will serve as a roadmap to shift Ontario toward a circular economy and zero-waste future, including:
For additional details, please visit the Environmental Registry.
If you have any questions or concerns, please do not hesitate to contact Marc Peverini, Senior Policy Analyst, at Marc.Peverini@Ontario.ca or 416-314-4135.
I look forward to continuing to work together on implementing the proposed strategy.
Sincerely,
Wendy Ren, , Director, Resource Recovery Policy Branch
UPDATE – February 28, 2017
From the Ministry of the Environment and Climate Change:
Today the Minister released the final Strategy for a Waste-Free Ontario: Building the Circular Economy. The strategy serves as a roadmap to shift Ontario toward a circular economy and zero-waste future, including:
The Strategy can be found at the following link: https://www.ontario.ca/page/strategy-waste-free-ontario-building-circular-economy
I look forward to continuing to work together with you on implementing the Strategy.
Sincerely,
Wendy Ren, Director, Resource Recovery Policy Branch
