jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “Authority” means the Resource Productivity and Recovery Authority continued under Part III; (“Office”) “circular economy” means an economy in which participants strive, (a)  to minimize the use of raw materials, (b)  to maximize the useful life of materials and other resources through resource recovery, and (c)  to minimize waste generated at the end of life of products and packaging; (“économie circulaire”) “Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) “prescribed” means prescribed by the regulations; (“prescrit”) “recovered resources” means material recovered from collected products and packaging or from other sources; (“ressources récupérées”) “Registry” means, except where the context requires otherwise, the Registry described in section 50; (“Registre”) “regulations” means the regulations made under this Act; (“règlements”) “resource recovery” means the extraction of useful materials or other resources from things that might otherwise be waste, including through reuse, recycling, reintegration, regeneration or other activities; (“récupération des ressources”) “Strategy” means the document developed under section 3, including any amendments made to it under that section; (“Stratégie”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “waste reduction” means the minimization of waste generated at the end of life of products or packaging, including through activities related to design, manufacturing and material use. (“réduction des déchets”) 2016, c. 12, Sched. 1, s. 1; 2019, c. 14, Sched. 8, s. 54; 2021, c. 4, Sched. 6, s. 86 (1). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 54 - 10/12/2019 2021, c. 4, Sched. 6, s. 86 (1) - 01/06/2021 Provincial Interest
2 It is in the provincial interest that Ontario have a system of resource recovery and waste reduction that aims to, (a)  protect the natural environment and human health; (b)  foster the continued growth and development of the circular economy; (c)  minimize greenhouse gas emissions resulting from resource recovery activities and waste reduction activities; (d)  minimize the generation of waste, including waste from products and packaging; (e)  increase the durability, reusability and recyclability of products and packaging; (f)  hold persons who are most responsible for the design of products and packaging responsible for the products and packaging at the end of life; (g)  decrease hazardous and toxic substances in products and packaging; (h)  minimize the need for waste disposal; (i)  minimize the environmental impacts that result from resource recovery activities and waste reduction activities, including from waste disposal; (j)  provide efficient, effective, convenient and reliable services related to resource recovery and waste reduction, including waste management services; (k)  increase the reuse and recycling of waste across all sectors of the economy; (l)  increase opportunities and markets for recovered resources; (m)  promote public education and awareness with respect to resource recovery and waste reduction; (n)  promote cooperation and coordination among various persons and entities involved in resource recovery activities and waste reduction activities; (o)  promote competition in the provision of resource recovery services and waste reduction services; (p)  foster fairness for consumers; (q)  do any other related thing that may be prescribed. Strategy
3 (1) In order to support the provincial interest, the Minister shall, no later than 90 days after the day this section comes into force, (a)  develop a strategy entitled Strategy for a Waste-Free Ontario: Building the Circular Economy in English and Stratégie pour un Ontario sans déchets : Vers une économie circulaire in French; and (b)  publish it on a website of the Government of Ontario. Same (2) The Minister shall maintain the Strategy that is developed under subsection (1) and shall ensure that it remains available to the public on a website of the Government of Ontario. Review (3) Within 10 years after the Strategy is developed and at least every 10 years thereafter, the Minister shall cause a review of the Strategy to be undertaken. Same (4) As part of a review of the Strategy, the Minister shall, (a)  consult on the Strategy, in the manner the Minister considers appropriate, with any person or entity the Minister considers may have an interest in the Strategy, including the public; and (b)  based on the consultation, amend the Strategy, as he or she considers advisable. Amendments (5) In addition to making amendments as part of a review described in subsection (4), the Minister may, as he or she considers advisable, make amendments to the Strategy from time to time in between reviews.
4 The Strategy shall set out the following: 1.  The Strategy’s goals. 2.  A summary of actions that may be taken under this Act or any other Act, and any non-legislative actions that may be taken, to support the Strategy’s goals. 3.  The performance measures by which progress in achieving the Strategy’s goals can be assessed. 4.  Such other matters as the Minister considers advisable.
5 At least once every five years, the Minister shall prepare a report setting out the following and publish it on a website of the Government of Ontario: 1.  A description of actions that have been taken during the period covered by the report to address the Strategy’s goals. 2.  A description of progress made in achieving the Strategy’s goals, as assessed by the performance measures established under paragraph 3 of section 4.
6 Section 15 of the Environmental Bill of Rights, 1993, and the other provisions of that Act that apply to proposals for a policy, apply with necessary modifications to the Strategy and, for that purpose, the Strategy is deemed to be a proposal for a policy under consideration in the Ministry.
7 The Strategy is not an undertaking for the purposes of the Environmental Assessment Act. Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 64 (1)) Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 64 (1) - not in force Miscellaneous
8 Nothing in this Act shall be construed as requiring or authorizing any person or entity to engage in an activity that would constitute a contravention of the Competition Act
(Canada).
9 This Act binds the Crown. Part II   application of provincial interest
10 (1) The following persons and entities shall have regard to the provincial interest described in section 2 when doing the following things: 1.  A person or entity when exercising a power or performing a duty under this Act. 2.  A person or entity when exercising a power or performing a duty under another Act, if the exercise of the power or the performance of the duty relates to resource recovery or waste reduction. 3.  A person or entity retained to provide services in relation to another person’s responsibilities under section 67, 68, 69 or 70 when performing those services. 4.  An owner or operator of a waste management system when engaging in waste management activities. 5.  A prescribed person or entity when carrying out prescribed activities related to resource recovery or waste reduction. Exception (2) This section does not apply to the Lieutenant Governor in Council. Same (3) This section does not apply to a person or entity that is exempted under the regulations. Same (4) Paragraph 4 of subsection (1) does not apply to a person who is exempt from Part V of the Environmental Protection Act in respect of the storage or disposal of the person’s domestic wastes on the person’s own property. Interpretation (5) For the purposes of paragraph 4 of subsection (1), “operator”, “owner” and “waste management system” have the same meaning as in Part V of the Environmental Protection Act.
11 (1) For the purpose of furthering the provincial interest described in section 2, the Minister, with the approval of the Lieutenant Governor in Council, may issue resource recovery and waste reduction policy statements. Development of policy statements (2) In developing a policy statement, the Minister shall consult, in the manner the Minister considers appropriate, with, (a)  representatives of municipalities; (b)  representatives of persons engaging in resource recovery activities and waste reduction activities; (c)  representatives of environmental organizations; (d)  the public; and (e)  such other persons as the Minister considers advisable. Timing requirement (3) The Minister shall begin developing a policy statement and consulting on it in accordance with subsection (2) no later than the first anniversary of the day this section comes into force. Amendments (4) The Minister may amend a policy statement at any time and for any reason. Review (5) Within 10 years after a policy statement is issued, the Minister shall review it and consider whether it should be amended. Consultation (6) In considering whether to amend a policy statement, the Minister shall consult, in the manner the Minister considers appropriate, with the persons listed in subsection (2). Publication (7) The Minister shall publish each new or amended policy statement on a website of the Government of Ontario and in The Ontario Gazette and shall give further notice of it, in the manner the Minister considers appropriate, (a)  to the members of the Legislative Assembly; (b)  to the Authority; and (c)  to any persons or entities that the Minister considers to have an interest in it. Continued publication (8) The Minister shall ensure that all policy statements are maintained on a website of the Government of Ontario. Environmental Bill of Rights, 1993, “policy” (9) Section 15 of the Environmental Bill of Rights, 1993, and the other provisions of that Act that apply to proposals for a policy, apply with necessary modifications to policy statements and, for that purpose, a policy statement is deemed to be a proposal for a policy under consideration in the Ministry. Environmental Assessment Act, “undertaking” (10) A policy statement issued under this section is not an undertaking for the purposes of the Environmental Assessment Act. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (10) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 64 (2)) Non-application of Legislation Act, 2006, Part III (11) Part III of the Legislation Act, 2006 does not apply to a policy statement issued under this section. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 64 (2) - not in force
12 (1) Subject to section 13, the following persons and entities shall, when doing the following things, ensure the things are done in a manner that is consistent with all applicable policy statements: 1.  A person or entity when exercising a power or performing a duty under this Part or Part III, IV or V. 2.  A person or entity when exercising a power or performing a duty under an Act mentioned in subsection (2) or a provision mentioned in subsection (3), if the exercise of the power or the performance of the duty relates to resource recovery or waste reduction. 3.  A person or entity retained to provide services in relation to another person’s responsibilities under section 67, 68, 69 or 70 when performing those services. 4.  An owner or operator of a waste management system when engaging in waste management activities. 5.  A prescribed person or entity when carrying out prescribed activities related to resource recovery or waste reduction. List of Acts (2) The following are the Acts referred to in paragraph 2 of subsection (1): 1.  City of Toronto Act, 2006. 2.  Condominium Act, 1998. 3.  Consumer Protection Act, 2002. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 12 (2) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 1, s. 118) 3.  Consumer Protection Act, 2023. 4.  Environmental Assessment Act. 5.  Environmental Protection Act. 6.  Municipal Act, 2001. 7.  Nutrient Management Act, 2002. 8.  Ontario Water Resources Act. 9.  Planning Act. 10.  Any prescribed Acts. List of provisions (3) The following are the provisions referred to in paragraph 2 of subsection (1): 1.  Section 11.6 of the City of Greater Sudbury Act, 1999. 2.  Section 11.7 of the City of Hamilton Act, 1999. 3.  Section 12.13 of the City of Ottawa Act, 1999. 4.  Section 13.6 of the Town of Haldimand Act, 1999. 5.  Section 13.6 of the Town of Norfolk Act, 1999. 6.  A prescribed provision of a prescribed Act. Interpretation (4) For the purposes of paragraph 4 of subsection (1), “operator”, “owner” and “waste management system” have the same meaning as in Part V of the Environmental Protection Act. Section Amendments with date in force (d/m/y) 2023, c. 23, Sched. 1, s. 118 - not in force
13 (1) Subject to subsections (3) to (5), a resource recovery and waste reduction policy statement is applicable in respect of all persons and entities listed in subsection 12 (1), unless, (a)  the policy statement specifies that it is applicable only, (i)  to one or more persons or entities listed in subsection 12 (1), or (ii)  to a class of persons or entities listed in that subsection based on any attribute or combination of attributes; (b)  the policy statement specifies that it is not applicable, (i)  to one or more persons or entities listed in subsection 12 (1), or (ii)  to a class of persons or entities listed in that subsection based on any attribute or combination of attributes; or (c)  the person or entity is exempted by regulation. Geographic areas (2) A policy statement may specify that it applies differently in different geographic areas of Ontario. Exception (3) Section 12 does not apply to the Lieutenant Governor in Council. Same (4) Section 12 does not apply to a person or entity that is exempted under the regulations. Same (5) A policy statement does not apply to a person who is exempt from Part V of the Environmental Protection Act in respect of the storage or disposal of the person’s domestic wastes on the person’s own property. Amendments to ensure consistency with policy statements
14 (1) A council of a municipality or a municipal planning authority shall ensure that its official plan is consistent with the resource recovery and waste reduction policy statements that apply to the municipality or the authority and shall amend its official plan if necessary to achieve consistency. Same, timing (2) Any amendments required under subsection (1) shall be made before the earlier of, (a)  the date specified in the applicable policy statement, if any; and (b)  the end of the period determined under subsection 26 (1) of the Planning Act. Zoning by-laws (3) No later than three years after an amendment required under subsection (1) comes into effect, the council of the municipality or the municipal planning authority shall amend the zoning by-laws that are in effect in the municipality that relate to resource recovery or waste reduction if necessary to ensure conformity with the amendment to the official plan. By-law under listed Acts (4) If a by-law that is in effect under an Act mentioned in subsection 12 (2) or a provision of an Act prescribed under paragraph 6 of subsection 12 (3) relates to resource recovery or waste reduction, the person or entity that made the by-law shall ensure that it is consistent with the policy statements that apply to the person or entity and shall amend the by-law if necessary to achieve consistency. Prescribed instruments (5) If an instrument prescribed in the regulations, other than an instrument mentioned in subsection (1), (3) or (4), relates to resource recovery or waste reduction, the person or entity that made the prescribed instrument shall ensure that it is consistent with the policy statements that apply to the person or entity and shall amend the instrument if necessary to achieve consistency. Timing (6) Any amendments required under subsection (4) or (5) shall be made before the date specified in the applicable policy statement. Minister’s request (7) If the Minister is of the opinion that an official plan, by-law or other instrument mentioned in this section is inconsistent with an applicable policy statement, he or she may, at any time, request that the person or entity that made the official plan, by-law or instrument amend it to achieve consistency.
15 (1) Despite any Act, if there is a conflict between a resource recovery and waste reduction policy statement issued under section 11 and a provision in an instrument described in subsection (2), the following rules apply: 1.  The policy statement or provision that provides the greatest protection to the natural environment and human health governs, to the extent of the conflict. 2.  If the policy statement and the provision provide equal protection to the natural environment and human health, the policy that best promotes the provincial interest described in section 2 governs, to the extent of the conflict. Instruments (2) The instruments referred to in subsection (1) are, (a)  a policy statement issued under subsection 3 (1) of the Planning Act; and (b)  any prescribed instruments. Clarification guidelines (3) The Minister, jointly with a member of the Executive Council to whom responsibility for the administration of an Act under which a plan mentioned in subsection (4) is issued, may prepare guidelines to clarify the relationship between a policy statement and a policy in a plan. List of provincial plans (4) The plans referred to in subsection (3) are, (a)  the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005; (b)  the Niagara Escarpment Plan continued under section 3 of the Niagara Escarpment Planning and Development Act; (c)  the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001; (d)  a growth plan approved under section 7 of the Places to Grow Act, 2005; or (e)  a plan or provisions of a plan prescribed by the regulations that is made or approved by the Lieutenant Governor in Council, a minister, or a board, commission or agency of the government.
16 (1) The Minister may appoint as Directors such public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry as the Minister considers necessary for the purposes of section 17. Limitation of authority (2) In an appointment under subsection (1), the Minister may limit a Director’s authority in such manner as the Minister considers necessary or advisable.
17 (1) When directed to do so by a Director appointed under section 16, a person or entity described in subsection (2) shall review the person’s or entity’s activities to determine the extent to which the person or entity is performing duties and carrying out activities in a manner that is consistent with all applicable policy statements. Application (2) This section applies to the following persons in respect of the following activities: 1.  A person mentioned in section 61 or 62 of this Act carrying out the person’s responsibilities under section 67, 68, 69 or 70. 2.  A person or entity retained to provide services in relation to another person’s responsibilities under section 67, 68, 69 or 70 performing those services. 3.  A prescribed person or entity carrying out prescribed activities related to resource recovery or waste reduction. Manner (3) The review shall be conducted in accordance with the Director’s directions and any prescribed requirements. Reporting and publication (4) The person or entity shall, (a)  report the results of the review in the manner and within the time the Director directs and, if a target has been established under the policy statement, shall include information on the extent to which the target is being achieved; and (b)  make the results of the review available to the public in the manner and within the time the Director directs. Failure to ensure consistency (5) If, in the Director’s opinion, a person or entity described in subsection (2) fails to act in accordance with the person’s or entity’s obligation under section 12 to ensure that it performs its duties and carries out its activities in a manner that is consistent with all applicable resource recovery and waste reduction policy statements, the Director may do one or both of the following: 1.  Require the person or entity to provide information the Director specifies with respect to the person’s or entity’s efforts to meet the obligation and the reasons for the failure to do so. 2.  Require the person or entity to prepare and submit to the Director a report describing the proposed steps to be taken to meet the obligation and the proposed timelines for doing so. Manner (6) The person or entity shall comply with a requirement under subsection (5) in accordance with the Director’s directions and any prescribed requirements. Opportunity for comment (7) Before taking any action under subsection (5), the Director shall give the person or entity an opportunity to provide the Director with comments on the performance of their duties and the carrying out of their activities. Limitation (8) Subsection (7) does not apply to the extent that the person or entity has provided a report on the duties and activities in question in response to a Director’s direction under subsection (1).
18 The Director may publicly disclose any of the information provided under subsection 17 (5) in such manner and format as the Director considers appropriate.
19 The Director may specify that information to be provided under section 17 must be submitted in a form or format acceptable to the Director.
20 (1) If the Minister is of the opinion that the provincial interest described in section 2 is or is likely to be adversely affected by the outcome of a proceeding before the Tribunal under this Act or any other Act, including a proceeding under section 21 of the
Ontario Land Tribunal Act, 2021, the Minister may declare his or her opinion in writing to the Tribunal. 2021, c. 4, Sched. 6, s. 86 (2). Contents (2) The declaration shall identify the issues in the proceeding that, in the Minister’s opinion, adversely affect or are likely to adversely affect the provincial interest and shall describe the anticipated adverse effects. 2016, c. 12, Sched. 1, s. 20 (2). No notice or hearing required (3) The Minister is not required to give notice or to hold a hearing before issuing a declaration. 2016, c. 12, Sched. 1, s. 20 (3). Effect of declaration (4) If the Tribunal receives a declaration under this section at least 30 days before the hearing begins, the Tribunal’s decision is not final or binding with respect to the issues identified in the declaration. 2016, c. 12, Sched. 1, s. 20 (4); 2021, c. 4, Sched. 6, s. 86 (3). Power of Lieutenant Governor in Council (5) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of an issue identified in a declaration. 2016, c. 12, Sched. 1, s. 20 (5); 2021, c. 4, Sched. 6, s. 86 (3). Where Lieutenant Governor in Council does not act (6) If the Lieutenant Governor in Council does not act under subsection (5) within the prescribed period after the Tribunal’s decision is issued, the Tribunal’s decision is final and binding as of the date determined in accordance with the regulations. 2016, c. 12, Sched. 1, s. 20 (6); 2021, c. 4, Sched. 6, s. 86 (3). Limitation (7) This section does not apply, (a)  to a proceeding that is an application for leave to appeal under subsection 38 (1) of the Environmental Bill of Rights, 1993; or (b)  to a proceeding before the Tribunal under section 21 of the Ontario Land Tribunal Act, 2021 to which the Minister is a party. 2016, c. 12, Sched. 1, s. 20 (7); 2021, c. 4, Sched. 6, s. 86 (4). (8) Repealed: 2021, c. 4, Sched. 10, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 86 (2-4) - 01/06/2021; 2021, c. 4, Sched. 10, s. 6 - 01/06/2021 Part III   RESOURCE PRODUCTIVITY AND RECOVERY Authority Corporation Continued
21 (1) The corporation without share capital established under section 3 of the Waste Diversion Act, 2002 under the name Waste Diversion Ontario in English and Réacheminement des déchets Ontario in French is continued as a corporation without share capital under the name Resource Productivity and Recovery Authority in English and Office de la productivité et de la récupération des ressources in French. Same, references (2) A reference to Waste Diversion Ontario in any by-law, resolution, agreement or other document shall be read as if it were a reference to the Authority.
22 On the day this section comes into force, the terms of office of the individuals who were members of the board of directors of Waste Diversion Ontario immediately before this section comes into force are terminated. Authority and its Objects
23 (1) The Authority is composed of the members of its board of directors. Ceasing to be member (2) A person ceases to be a member of the Authority when he or she ceases to be a member of the board of directors.
24 (1) The Authority’s objects are, (a)  to perform the duties and exercise the powers given to the Authority under this Act or any other Act; (b)  to provide information relating to resource recovery or waste in Ontario, the Authority’s activities and the Acts and regulations in respect of which the Authority has duties or powers; (c)  with respect to such programs relating to resource recovery or waste as the Minister may specify in a written direction, (i)  to prepare for the performance of duties and exercise of powers in respect of registration, information management, reporting and fee collection and any related matters, and (ii)  to perform those duties and exercise those powers; and (d)  such other objects as may be prescribed. 2019, c. 14, Sched. 8, s. 55. Minister’s direction, subs. (1) (c) (2) For greater certainty and without limiting subclause (1) (c) (i), the Minister may specify programs in respect of which activities mentioned in that clause are, at the time the direction is given, carried out by a person other than the Authority, including the Crown. 2019, c. 14, Sched. 8, s. 55. Same, publication (3) A written direction of the Minister mentioned in clause (1) (c), and any amendments to it, shall be made available to the public on the Registry. 2019, c. 14, Sched. 8, s. 55. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 55 - 10/12/2019
26 (1) Despite section 25, promptly after section 21 comes into force, the Minister shall ensure that five individuals are appointed as members of the Authority’s initial board of directors. Appointees’ qualifications (2) In appointing individuals under subsection (1), the Minister shall, to the extent possible, ensure that the initial board is composed of individuals who collectively have experience and expertise in the following areas: 1.  Resource recovery and waste reduction. 2.  Corporate governance and management. 3.  Finance. 4.  Business management. 5.  Compliance and enforcement. Election of members under para. 2 of subs. 25 (2) (3) Within one year after this section comes into force, or before a later date that may be prescribed, the initial board shall hold one or more elections in order to elect six individuals as the board members mentioned in paragraph 2 of subsection 25 (2). Status of elected members (4) An individual elected under subsection (3) is a member of the initial board on and after the day of his or her election. Chair (5) The Minister shall designate one of the members appointed under subsection (1) to be the chair of the initial board. Vice-chair (6) The initial board shall elect one or more vice-chairs from among the members of the initial board. Quorum (7) A majority of the members of the initial board constitutes a quorum for the purposes of transacting business. Application of s. 25 (8) Subsections 25 (1), (11), (12), (14) and (15) apply with respect to the initial board. Vacancies (9) If, for any reason, a member of the initial board appointed by the Minister becomes unable to act, the Minister may appoint another member to take his or her place, and if, for any reason, a member of the initial board elected by the initial board becomes unable to act, the initial board may elect another member to take his or her place. End date for initial board (10) On the day the maximum number of members under paragraph 2 of subsection 25 (2) is elected under subsection (3), (a)  the board is duly constituted for the purposes of section 25; (b)  the members of the initial board appointed by the Minister under subsection (1) or (9) continue as the board members mentioned in paragraph 1 of subsection 25 (2); and (c)  the members of the initial board elected under subsection (3) or (9) continue as the board members mentioned in paragraph 2 of subsection 25 (2).
27 (1) The board of directors may pass by-laws, (a)  regulating the board’s proceedings, specifying the powers and duties of the officers and employees of the Authority and generally for the management of the Authority’s affairs; (b)  respecting the appointment of officers and employees of the Authority and providing for payment of their remuneration and reimbursement of their expenses; (c)  providing for payment of the remuneration and reimbursement of the expenses of members of the board; (d)  establishing requirements with respect to conflict of interest for members of the board and for the Authority’s officers and employees. Subcommittees (2) The by-laws may authorize the establishment of subcommittees of the board and may authorize a subcommittee to include persons who are not members of the board. Availability to public (3) The Authority shall make each of its by-laws available to the public on the Registry within 30 days after the by-law is made. Transition (4) Any by-law made by the board of directors of Waste Diversion Ontario that is in force immediately before this section comes into force continues in force as a by-law of the Authority until revoked by a by-law made by the Authority’s board.
28 (1) The Minister and the Authority shall enter into an operating agreement with respect to the Authority’s activities in accordance with this section. Same, transition (2) The operating agreement between the Minister and Waste Diversion Ontario that is in force under the Waste Diversion Act, 2002 immediately before this section comes into force continues in force as the operating agreement between the Minister and the Authority until replaced under subsection (4). Contents (3) The operating agreement shall deal with matters that the Minister considers advisable in the public interest relating to carrying out the Authority’s objects under this Act, including, without limitation, (a)  matters relating to its governance and operations; and (b)  any matters required to be included in it under any other Act. Replacement agreement (4) Within 120 days after the members of the Authority’s initial board are appointed under subsection 26 (1), the Minister and the initial board shall enter into a transitional operating agreement. Reconsideration of replacement agreement (5) Within one year after the day mentioned in subsection 26 (10) as the day the Authority’s board is duly constituted for the purposes of section 25, the Minister and the board shall review the transitional operating agreement entered into under subsection (4) and shall determine whether any amendments are required. Amendment (6) The Minister may, at any time, serve notice on the Authority that an amendment to the operating agreement is required. Same (7) An amendment shall be agreed on by the Minister and the Authority within 180 days after notice is served under subsection (6), or within a longer period that the Minister, before or after the expiry of the 180-day period, may in writing allow. Availability to public (8) The Authority shall make the operating agreement available to the public on the Registry. Application of Environmental Bill of Rights, 1993 (9) Section 16 of the Environmental Bill of Rights, 1993, and the other provisions of that Act that apply to proposals for regulations, apply with necessary modifications to an operating agreement under consideration by the Minister under this section and, for that purpose, the operating agreement is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act. Implementation (10) The Authority shall carry out its objects in a manner that is consistent with the operating agreement.
29 (1) If the Minister considers it advisable in the public interest to do so, the Minister may issue policy directions to the Authority relating to the Authority’s carrying out of its objects. Notice (2) The Minister shall give the Authority the notice that the Minister considers reasonable in the circumstances before issuing a policy direction. Implementation (3) The Authority shall carry out its objects in a manner that is consistent with any policy directions issued by the Minister. Policies under Waste Diversion Act, 2002 (4) A policy established under section 7 of the Waste Diversion Act, 2002 that was in effect immediately before this section comes into force continues in effect as a policy direction under this section until it is revoked.
30 The Minister may require the Authority to do any of the following: 1.  Conduct consultations with the public, or with persons or entities that have relevant experience or knowledge, on any matter that the Minister specifies related to resource recovery, waste reduction or the circular economy. 2.  Advise or report to the Minister on any matter related to, i.  resource recovery, waste reduction or the circular economy, or ii.  the Authority’s objects. 3.  Establish one or more advisory councils to provide advice to the Authority on matters related to carrying out its objects.
31 (1) The Minister may require that reviews be carried out of the Authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial matters. Manner (2) The Minister may specify that the review be carried out, (a)  by or on behalf of the Authority; or (b)  by a person specified by the Minister. Access to records and information (3) When a review is carried out by a person specified by the Minister, the Authority shall give the person and the person’s employees or agents access to all records and other information required to conduct the review.
32 The Authority’s fiscal year is the period from January 1 to December 31 in each year.
33 (1) At least 90 days before the beginning of the fiscal year, the Authority shall adopt and submit to the Minister a business plan for the implementation of its objects during that fiscal year. Contents (2) The business plan shall include, (a)  a description of the Authority’s major activities and objectives for the fiscal year and for the following two fiscal years; (b)  a description of the Authority’s plan to achieve the objectives mentioned in clause (a); (c)  a performance measures report for the Authority that, (i)  establishes targets for the fiscal year, and (ii)  explains any significant variances between the targets for the preceding fiscal year and the actual results for that fiscal year; (d)  a description of any measures the Authority intends to take in the fiscal year with respect to the efficient management of the Authority; and (e)  any other information that is required by the operating agreement. Availability to public (3) The Authority shall make each business plan available to the public on the Registry promptly after submitting it to the Minister. First business plan (4) In the first year that this section is in force, the Minister may require the Authority to adopt and submit to the Minister a business plan for the implementation of its objects for the remainder of the year and the business plan shall contain the information specified by the Minister. Powers, Finances and Administration
34 (1) The Authority has the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects, except as limited under this Act. Subsidiary corporation (2) The Authority shall not establish a subsidiary corporation, except as permitted by the regulations. Commercial activity (3) The Authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the Authority, to a member of its board of directors or to any of its officers, except as permitted by the regulations.
35 The Corporations Act, the Corporations Information Act and the
Not-for-Profit Corporations Act, 2010 do not apply to the Authority, except as provided by the regulations. 2017, c. 20, Sched. 8, s. 125 (1). Section Amendments with date in force (d/m/y) 2016, c. 12, Sched. 1, s. 109 (1) - 19/10/2021 2017, c. 20, Sched. 8, s. 125 (1) - 19/10/2021
36 (1) No action or other proceeding shall be instituted against a member of the board of directors or an officer, employee or agent of the Authority for any act done in good faith and in a reasonable manner in the execution or intended execution of any duty imposed or power conferred by this Act, the regulations or the by-laws, or for any alleged omission in the execution in good faith of that duty or power. Authority’s liability (2) Subsection (1) does not relieve the Authority of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection.
37 The Authority and its members, officers, employees and agents are not agents of the Crown in right of Ontario and shall not hold themselves out as such.
38 No action or other proceeding shall be instituted against the Minister, the Crown in right of Ontario, or any employee of the Crown for any act or omission of the Authority or of a member, officer, employee or agent of the Authority.
39 The Authority shall indemnify the Crown in right of Ontario in respect of damages and costs incurred by the Crown for any act or omission of the Authority or its members, officers, employees or agents.
40 (1) Subject to subsection (2), the Minister may from time to time, by order, fix an amount to be paid by the Authority to defray the Crown’s costs in respect of any Act or regulation in respect of which the Authority performs duties or exercises powers. 2019, c. 14, Sched. 8, s. 56. Same (2) If the Crown’s costs are in respect of an Act other than this Act or a regulation made under an Act other than this Act, the amount fixed under subsection (1) shall include the Crown’s costs only in respect of portions of the Act or regulation that relate to a program in respect of which the Authority performs duties or exercises powers or that otherwise relate to the Authority’s objects. 2019, c. 14, Sched. 8, s. 56. Costs (3) The amount fixed under subsection (1) may include, (a)  costs that are attributable to the oversight of the Authority under this Act, including costs associated with appeals to the Tribunal of orders issued under Part V; (b)  with respect to programs mentioned in clause 24 (1) (c), costs relating to policy development, program implementation, compliance and enforcement; and (c)  costs in respect of any objects prescribed under clause 24 (1) (d). 2019, c. 14, Sched. 8, s. 56. Forecast (4) An order under subsection (1) may fix an amount based on costs that are expected to be incurred by the Crown if the order includes a process for reconciling the expected costs with actual costs incurred by the Crown. 2019, c. 14, Sched. 8, s. 56. Payment (5) The Authority shall pay the amount to the Minister of Finance in accordance with the terms of the order. 2019, c. 14, Sched. 8, s. 56. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 56 - 10/12/2019
41 (1) For the purpose of recovering its costs, the Authority may, (a)  set and collect fees, costs or other charges due to the Authority related to the performance of its duties and exercise of its powers under this Act or any other Act in accordance with processes and criteria established by the Authority; (b)  require persons to pay the fees, costs and charges described in clause (a); and (c)  provide for the refund or credit of all or part of a fee, cost or charge described in clause (a). Setting fees (2) Subject to any prescribed requirements, in setting the fees, costs and charges described in clause (1) (a), the Authority may specify their amounts or the method for determining them. 2016, c. 12, Sched. 1, s. 41 (2); 2019, c. 14, Sched. 8, s. 57 (1). (3) Repealed: 2019, c. 14, Sched. 8, s. 57 (2). Establishment and publication of fees, etc. (4) The following rules apply with respect to the establishment and publication of the fees, costs and charges described in clause (1) (a), the processes and criteria described in that clause and the requirements described in clause (1) (b): 1.  Before establishing, amending or replacing a fee, cost, charge, process, criterion or requirement, the Authority shall engage in public consultation and shall post the proposed new or amended fee, cost, charge, process, criterion or requirement on the Registry for public comment for at least 45 days. 2.  After public consultation and posting under paragraph 1, the Authority shall publish the final version of the new or amended fee, cost, charge, process, criterion or requirement on the Registry and a description of how the Authority considered public comments in determining the final version. 3.  The fee, cost, charge, process, criterion or requirement is not effective until the later of, i.  30 days after its publication under paragraph 2, and ii.  the day specified by the Authority. 4.  The Authority shall ensure that every fee, cost, charge, process, criterion or requirement that has been replaced by a new or amended one remains available to the public on the Registry. Payment of fees (5) A person who is required under clause (1) (b) to pay a fee, cost or other charge shall pay it to the Authority, at the times specified by the Authority. Legislation Act, 2006, Part III (6) Part III of the Legislation Act, 2006 does not apply to powers exercised by the Authority under this section. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 57 (1, 2) - 10/12/2019
42 (1) The Authority shall appoint an independent auditor who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004. Annual audit (2) The auditor shall audit the Authority’s accounts and financial transactions for each fiscal year and shall prepare a report on each audit. Availability to public (3) The Authority shall make the auditor’s report available to the public on the Registry not later than June 1 following the end of the fiscal year.
43 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Authority. Contents of audit (2) When the Auditor General conducts an audit under subsection (1), he or she shall examine, (a)  whether the Authority expended money for a purpose that is not within its objects; (b)  whether the Authority expended money without due regard to economy and efficiency; and (c)  where procedures could be used to measure and report on the effectiveness of the Authority’s activities, whether the procedures were not established or the established procedures were not satisfactory. Access to information and records (3) Sections 10, 11, 11.1, 11.2, 27.1 and 27.2 of the Auditor General Act apply, with necessary modifications, with respect to the Auditor General’s audit. Report to Minister (4) The Auditor General shall report to the Minister on and make public any matter arising out of the audit that, in the opinion of the Auditor General, should be brought to the attention of the Minister.
44 (1) The Authority shall, not later than June 1 in each year, (a)  prepare a report in accordance with this section on its activities during the previous fiscal year; and (b)  provide a copy of the report to the Minister and make the report available to the public on the Registry. 2016, c. 12, Sched. 1, s. 44 (1). (2) Repealed: 2020, c. 14, Sched. 6, s. 2. Contents (3) The report shall include the following: 1.  Information about activities engaged in by persons required to carry out responsibilities under Part IV. 2.  A summary of compliance and enforcement activities carried out under this Act during the previous fiscal year. 3.  Audited financial statements for the Authority and a copy of the auditor’s report under subsection 42 (2). 4.  Information specified in the operating agreement. 5.  Information requested in writing by the Minister. 6.  Information required to be included under any other Act. 2016, c. 12, Sched. 1, s. 44 (3). Signature (4) The report shall be signed by the chair of the board of directors. 2016, c. 12, Sched. 1, s. 44 (4). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 6, s. 2 - 14/07/2020 Registrar and Other Staff
45 The Authority shall appoint a Registrar who shall perform the duties assigned to him or her under this Act or any other Act and by the Authority.
46 (1) The Registrar may appoint one or more Deputy Registrars who shall perform the duties assigned to them under this Act or any other Act and by the Registrar. Limitation on authority (2) The Registrar may, in the appointment of a Deputy Registrar, limit the Deputy Registrar’s authority in such manner as he or she considers necessary or advisable.
47 (1) The Registrar may appoint inspectors as are necessary for the purpose of enforcing this Act. Registrar and Deputy Registrars are inspectors (2) The Registrar and the Deputy Registrars are inspectors by virtue of their office. Certificate of appointment (3) The Registrar shall issue to every inspector a certificate of appointment. Limitation on authority (4) The Registrar may, in the appointment of an inspector, limit the inspector’s authority in such manner as he or she considers necessary or advisable.
48 A person shall not be appointed under section 45, 46 or 47 unless he or she is an officer or employee of the Authority.
49 Appointments under sections 45, 46 and 47 shall be made in writing. Information