Bill 195 2005

An Act to amend the
Environmental Protection Act
with respect to the stewardship of
products and of the packages or
containers used for products

Note: This Act amends the Environmental Protection Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  (1)  Subsection 176 (7) of the Environmental Protection Act is amended by adding the following clause:

(j.1) requiring that the packaging or containers used for the products that are specified in the regulations and that are offered for sale or sold in Ontario be capable of being recycled or reused;

(2)  Clauses 176 (7) (o) to (t) of the Act are repealed and the following substituted:

(o) requiring persons who put a product in a package or a container or who manufacture, offer for sale or sell a product in a package or a container to examine the impact of the package or the container, as the case may be, on the stewardship or waste management needs, activities and opportunities of other persons and governments in relation to the package or the container, as the case may be, and requiring them to submit reports concerning the examination to the Director;

(p) requiring persons who put a product in a package or a container or who manufacture, offer for sale or sell a product in a package or a container to conduct those examinations in relation to stewardship or waste management of the package or the container, as the case may be, that the regulation specifies and requiring them to submit reports concerning the examinations to the Director;

(q) requiring persons who put a product in a package or a container or who manufacture, offer for sale or sell a product in a package or a container to prepare and submit to the Director stewardship or waste management plans in relation to the package or the container, as the case may be, or any recycling, reuse or waste generated by their activities;

(r) governing the contents of a plan mentioned in clause (q), including requiring the person who is specified in the plan to use part of the sale price of the product as a deposit that is refundable upon the return of the package or container or upon the delivery of the package or the container to depots that are specified in the plan;

(s) prescribing plans concerning stewardship or waste management in relation to the packages or containers used for products in packages or containers, which plans may include a system for the refund of a deposit as described in clause (r);

(t) requiring persons who put a product in a package or a container or who manufacture, offer for sale, sell or purchase a product in a package or a container to implement and comply with the plans mentioned in clauses (q) and (s) that apply to them and to take the measures that are specified in the regulation to give effect to plans mentioned in those clauses that do not apply to those persons;

(t.1) requiring persons who put a product in a package or a container or who manufacture, offer for sale or sell a product in a package or a container to achieve those stewardship or waste management objectives that the regulation specifies in relation to the package or the container, as the case may be, or any recycling, reuse or waste generated by their activities;

(t.2) requiring persons who manufacture products that are in packages or containers capable of being recycled or reused or other prescribed persons establish and operate depots to accept the return of those packages or containers when empty;

(t.3) prescribing requirements for the location and the operation of the depots mentioned in clause (t.2);

(t.4) requiring persons who manufacture, offer for sale or sell a product, whether or not it is in a package or a container, to prepare and submit to the Director stewardship plans in relation to the product or any recycling, reuse or waste generated by their activities;

(t.5) governing the contents of a plan mentioned in clause (t.4);

(t.6) prescribing plans concerning stewardship in relation to the products, whether or not they are in packages or containers;

(t.7) requiring persons who manufacture, offer for sale, sell or purchase a product, whether or not it is in a package or a container, to implement and comply with the plans mentioned in clauses (t.4) and (t.6) that apply to them and to take the measures that are specified in the regulation to give effect to plans mentioned in those clauses that do not apply to those persons;

(t.8) requiring persons who manufacture, offer for sale or sell a product, whether or not it is in a package or a container, to achieve those stewardship objectives that the regulation specifies in relation to the product or any recycling, reuse or waste generated by their activities;

Commencement

2.  This Act comes into force on the day it receives Royal Assent.

Short title

3.  The short title of this Act is the Environmental Protection Amendment Act (Product Stewardship), 2005.

EXPLANATORY NOTE

The Bill amends the Environmental Protection Act to add to the powers of the Lieutenant Governor in Council to make regulations under that Act. At present, the regulations can deal with the waste management of products, packages and containers. The Bill adds powers to make regulations on the stewardship of products, packages and containers, an area known as "product stewardship".

Regulations can require manufacturers of packages and containers used for products in packages or containers or other persons to implement and comply with plans concerning stewardship or waste management in relation to the packages or containers. They can also require manufacturers of products, whether or not in packages or containers, or other persons to implement and comply with plans concerning stewardship or waste management in relation to the products.

Regulations can require that the packages or containers used for certain products that are offered for sale or sold in Ontario be capable of being recycled or reused and can require that manufacturers and other persons establish and operate depots to accept the return of those packages and containers when empty.