Base fee
 8. (1) In this section, “base fee period” means, (a) the period beginning on April 1, 2013 and ending on April 30, 2014, or (b) after April 30, 2014, a period beginning on May 1 and ending on April 30; (“période des droits de base”) “cost reference period” means, in respect of a base fee period, the calendar year preceding the calendar year in which the base fee period begins; (“période de référence pour les coûts”) “tire class” means, in respect of a base fee period, a class of tire set out in the OTS Tire Classification in respect of the calendar year in which the base fee period begins. (“catégorie de pneu”) O. Reg. 45/13, s. 4. (2) The amount of a fee required to be paid in respect of each calendar month during a base fee period by a steward designated under the Act in respect of used tires shall be determined by applying the method set out in this section. O. Reg. 45/13, s. 4. (3) Ontario Tire Stewardship shall, (a) determine the cost attributable to each tire class in respect of the base fee period by, (i) determining the sum of the amounts described in paragraph 1 of subsection 30 (3) of the Act that were incurred in relation to used tires during the cost reference period, and (ii) determining, subject to subsection (4), the portion of that sum that is attributable to each tire class; and (b) determine the cost attributable to a tire in each tire class in respect of the base fee period by, (i) assigning each tire supplied by stewards during the cost reference period to a tire class if the tire meets the criteria of the tire class, and (ii) dividing the cost attributable to a tire class, as determined under clause (a), by the number of tires assigned to that tire class under subclause (i). O. Reg. 45/13, s. 4. (4) For the purposes of subclause (3) (a) (ii), if the tire classes in respect of the base fee period have changed from the previous base fee period, Ontario Tire Stewardship shall determine the portion of the sum determined under subclause (3) (a) (i) that would have been attributable to each tire class, had the tire classes in respect of the base fee period been the applicable tire classes during the cost reference period. O. Reg. 45/13, s. 4. (4.1) For the base fee period beginning on May 1, 2014, the following rules apply, despite anything else in this Regulation: 1. After making its determinations under subsection (3), Ontario Tire Stewardship shall compare, i. the cost attributable to a tire in each tire class, as determined for the base fee period beginning on May 1, 2014, and ii. the cost attributable to a tire in the same tire class, as determined for the previous base fee period and set out in the document entitled “TSF Tire Categories and Definitions”, dated April 2013 and published on the website of Ontario Tire Stewardship on April 19, 2013. 2. If a cost described in subparagraph 1 ii is equal to or higher than the corresponding one described in subparagraph 1 i, Ontario Tire Stewardship shall provide the written notice described in subsection (5) to each steward with respect to the relevant tire class. 3. A steward who receives notice as described in paragraph 2 shall determine fees for the relevant tire class in respect of a calendar month in accordance with clauses (6) (a) and (b). 4. If a cost described in subparagraph 1 ii is lower than the corresponding one described in subparagraph 1 i, Ontario Tire Stewardship shall provide written notice of that lower cost to each steward with respect to the relevant tire class, instead of the notice described in subsection (5). 5. A steward who receives notice as described in paragraph 4 shall determine fees for the relevant tire class in respect of a calendar month as follows, instead of in accordance with clauses (6) (a) and (b): i. the steward shall assign each tire that is supplied by the steward during the calendar month and meets the criteria of the relevant tire class to that tire class in respect of the base fee period, ii. the steward shall multiply the cost attributable to a tire in the relevant tire class (namely, the cost described in subparagraph 1 ii, of which the steward was given notice as described in paragraph 4) by the number of tires assigned to the tire class under subparagraph i. 6. A steward shall determine the sum of all amounts determined under subparagraph 5 ii and all amounts determined under clause (6) (b). 7. The fee required to be paid by a steward in respect of a calendar month is the sum determined under paragraph 6. 8. The fees and other amounts required to be paid by a steward in respect of used tires and in respect of a calendar month shall not include anything other than, i. the fees determined in accordance with this Regulation, and ii. any applicable interest or penalties charged in accordance with a rule made under clause 30 (1) (d) of the Act. O. Reg. 305/13, s. 2. (5) Ontario Tire Stewardship shall provide written notice to each steward of the cost attributable to each tire class under clause (3) (a), the number of tires assigned to each tire class under subclause (3) (b) (i) and the cost attributable to a tire in each tire class under clause (3) (b), (a) on or before April 19, 2013, if the determination is in respect of the base fee period mentioned in clause (a) of the definition of “base fee period” in subsection (1); and (b) at least 60 days before the base fee period begins, if the determination is made in respect of any other base fee period. O. Reg. 45/13, s. 4; O. Reg. 139/13, s. 2. (6) A steward shall determine the amount of the fee required to be paid by a steward in respect of a calendar month by, (a) assigning each tire supplied by the steward during the calendar month to a tire class in respect of the base fee period if the tire meets the criteria of the tire class; (b) multiplying the cost attributable to a tire in each tire class, as determined under clause (3) (b), by the number of tires assigned to the tire class under clause (a); and (c) determining the sum of all amounts determined under clause (b). O. Reg. 45/13, s. 4. (7) Unless a rule has been made under clause 30 (1) (c) of the Act prescribing the times when a fee determined under this section is required to be paid, the fee shall be paid no later than 60 days following the end of the calendar month in respect of which the fee is required to be paid. O. Reg. 45/13, s. 4.