O. Reg. 245/08: Waste Electrical and Electronic Equipment

 

ontario regulation 245/08

made under the

waste diversion act, 2002

Made: July 10, 2008
Filed: July 10, 2008
Published on e-Laws: July 14, 2008
Printed in The Ontario Gazette: July 26, 2008

Amending O. Reg. 393/04

(Waste Electrical and Electronic Equipment)

1. Ontario Regulation 393/04 is amended by adding the following sections:

Industry funding organization

3. Ontario Electronic Stewardship is continued and is designated as the industry funding organization for the waste diversion program for waste electrical and electronic equipment approved by the Minister under section 26 of the Act.

Composition

4. (1) Ontario Electronic Stewardship is composed of the members of its board of directors who shall be appointed in accordance with section 5.

(2) Despite subsection (1), the members of the board of directors who hold office immediately before Ontario Regulation 245/08 comes into force are deemed to have been appointed to the board in accordance with this Regulation and shall continue to hold office until notice that all members have been appointed under section 5 is published on Ontario Electronic Stewardship’s website.

Appointed members

5. (1) The board of directors shall be composed of the following members:

1. Four members appointed by Electronics Product Stewardship Canada.

2. Three members appointed by Retail Council of Canada.

3. One member appointed jointly by Electronics Product Stewardship Canada and Retail Council of Canada.

(2) If an appointment is not made under paragraph 3 of subsection (1), the chief executive officer of Ontario Electronic Stewardship may appoint an individual as a member of the board of directors.

(3) A member appointed under subsection (2) shall hold office until the appointment is made under subsection (1).

Alternate members

6. Alternate members may be appointed and shall act in accordance with the following rules:

1. Electronics Product Stewardship Canada may appoint alternate members and, in the absence of a member appointed under paragraph 1 of subsection 5 (1), one of those alternate members may participate in a board meeting and vote on matters before the board.

2. Retail Council of Canada may appoint alternate members and, in the absence of a member appointed under paragraph 2 of subsection 5 (1), one of those alternate members may participate in a board meeting and vote on matters before the board.

3. Electronics Product Stewardship Canada and Retail Council of Canada may jointly appoint alternate members and, in the absence of the member appointed under paragraph 3 of subsection 5 (1), one of those alternate members may participate in a board meeting and vote on matters before the board.

Qualification

7. (1) An individual may be appointed as a member of the board of directors under section 5 or as an alternate under section 6 only if he or she,

(a) is a director, officer or employee of a corporation that supplies a product from which waste electrical and electronic equipment is derived;

(b) is a resident of Canada; and

(c) is at least 18 years of age.

(2) Despite subsection (1), an individual shall not be appointed as a member of the board of directors or as an alternate if he or she is a bankrupt or has been found by a court to be mentally incapable of managing property.

Application of Corporations Act

8. Sections 59 and 80 and subsections 283 (4) and (5) of the Corporations Act apply, with necessary modifications, to Ontario Electronic Stewardship.

2. This Regulation comes into force on the day it is filed.

Made by:

John Philip Gerretsen

Minister of the Environment

Date made: July 10, 2008.