O. Reg. 378/09: Stewardship Ontario

 

ontario regulation 378/09

made under the

Waste DivERsion Act, 2002

Made: September 29, 2009
Filed: October 2, 2009
Published on e-Laws: October 5, 2009
Printed in The Ontario Gazette: October 17, 2009

Amending O. Reg. 33/08

(Stewardship Ontario)

1. Ontario Regulation 33/08 is amended by adding the following section:

Interpretation

0.1. In this Regulation,

“blue box waste” has the same meaning as in Ontario Regulation 273/02 (Blue Box Waste) made under the Act;

“municipal hazardous or special waste” has the same meaning as in Ontario Regulation 542/06 (Municipal Hazardous or Special Waste) made under the Act;

“steward” means a person designated as a steward under the rules made by Stewardship Ontario under section 30 of the Act in respect of blue box waste or municipal hazardous or special waste; and

“steward association” means an association that has as members one or more persons that are stewards.

2. (1) Subsection 2 (2) of the Regulation is revoked and the following substituted:

(2) The board of directors shall be composed of 14 members elected in accordance with section 4 and 2 members appointed in accordance with section 4.1.

(2) Subsection 2 (3) of the Regulation is revoked and the following substituted:

(3) Despite subsection (2), the members of the board of directors who hold office immediately before Ontario Regulation 378/09 comes into force continue to hold office, subject to sections 5 and 6 until the 2010 election is conducted under subsection 4 (1).

3. Section 3 of the Regulation is revoked.

4. (1) Subsections 4 (1) to (4) of the Regulation are revoked and the following substituted:

Elected members

(1) An election shall be conducted for the purpose of this Regulation at the 2010 general meeting of Stewardship Ontario called for that purpose.

(2) At an election conducted under subsection (1), 14 individuals shall be elected as members of the board of directors,

(a) seven of whom shall hold office until the election held at the 2012 general meeting; and

(b) seven of whom shall hold office until the election held at the 2013 general meeting.

(3) Every director elected after the 2010 annual meeting shall hold office for three years.

(4) Elections shall be held in every year in which the term of two or more members of the board of directors is scheduled to end.

(2) Clause 4 (5) (c) of the Regulation is revoked and the following substituted:

(c) is an employee of,

(i) a steward, or

(ii) a steward association where the members of the associations that are stewards have collectively paid at least $1 million to Stewardship Ontario in the most recently completed fiscal year in respect of the obligation to pay fees under section 31 of the Act.

(3) Subsections 4 (7) and (8) of the Regulation are revoked and the following substituted:

(7) Subject to subsection (8), a person is entitled to vote in an election conducted under this section if he or she has been chosen by a steward association for the purpose and the stewards that are members of the steward association have collectively paid at least $10 million to Stewardship Ontario in the most recently completed fiscal year in respect of the obligation to pay fees under section 31 of the Act.

(8) If the stewards that are members of a steward association have collectively paid at least $10 million within a sector to Stewardship Ontario in the most recently completed fiscal year in respect of the obligation to pay fees under section 31 of the Act, the sector of which the association is a member is entitled to one vote for every $10 million in fees paid and the steward associations in a sector may designate one person to cast each vote.

(4) Section 4 of the Regulation is amended by adding the following subsections:

(8.1) For the purposes of subsection (8), every steward association shall be classified as belonging to one of the following sectors:

1. The consumable materials sector described in subsection (8.2).

2. The durable materials sector described in subsection (8.3).

3. The retailers and distributors sector described in subsection (8.4).

(8.2) An association is classified as belonging to the consumable materials sector if the association’s members who are stewards are stewards primarily in respect of waste that consists of any of the following materials:

1. Aerosol containers.

2. Antifreeze and containers in which it is contained.

3. Containers that have a capacity of 30 litres or less and that were manufactured and used for the purpose of containing lubricating oil.

4. Corrosives.

5. Fertilizers, fungicides, herbicides, insecticides or pesticides, and containers in which they are contained.

6. Flammables.

7. Glass.

8. Leachate toxic waste.

9. Metal.

10. Non refillable pressurized containers.

11. Oil filters, after they have been used for their intended purpose.

12. Paint and coatings, and containers in which they are contained.

13. Paper.

14. Pharmaceuticals.

15. Plastic.

16. Reactive toxic waste.

17. Single use and rechargeable batteries.

18. Textiles.

19. Toxic substances.

(8.3) An association is classified as belonging to the durable materials sector if the association’s members who are stewards are stewards primarily in respect of waste that consists of any of the following materials:

1. Devices that contain mercury.

2. Fluorescents embedded in electronics products.

3. Fluorescents removed by the user.

4. Industrial stationary and non-lead acid batteries.

5. Portable fire extinguishers.

6. Refillable pressurized containers.

7. Sharps including syringes.

(8.4) An association is classified as belonging to the retailers and distributors sector if the association’s members who are stewards sell, resell or intend to sell or resell consumable or durable products that could result in the materials listed in subsection (2) or (3).

(5) Subsection 4 (9) of the Regulation is amended by striking out “under subsection (3) or (4) is entitled” and substituting “under subsection (4) is entitled”.

5. The Regulation is amended by adding the following section:

Appointed members

4.1 (1) The elected members of the board of directors shall appoint two additional members.

(2) An individual is not entitled to be appointed as a member of the board if he or she is,

(a) a member or employee of a steward association; or

(b) commercially connected to the blue box waste industry, or municipal hazardous or special waste industry.

6. (1) Subsection 5 (1) of the Regulation is amended by striking out “An individual elected as” at the beginning.

(2) Subsection 5 (2) of the Regulation is amended by striking out “An individual elected as” at the beginning.

(3) Subsection 5 (3) of the Regulation is amended by striking out “An individual elected as” at the beginning.

7. (1) Subsection 6 (2) of the Regulation is revoked and the following substituted:

(2) If a vacancy occurs among the members of the board of directors and subsection (1) does not apply, the remaining members of the board may fill the vacancy by appointing any individual that would be entitled to be a candidate at an election conducted under section 4.

(2) Subsection 6 (3) of the Regulation is amended by striking out “subsection 4 (3) or (4)” at the end and substituting “subsection 4 (3)”.

8. Section 7 of the Regulation is revoked.

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

Made by:

John Philip Gerretsen

Minister of the Environment

Date made: September 29, 2009.