jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are, (a)  to promote the reduction, reuse and recycling of waste; (b)  to provide for the operation of waste diversion programs; and (c)  to promote the orderly winding up of waste diversion programs and industry funding organizations in order to allow responsibility for waste to be governed under the Resource Recovery and Circular Economy Act, 2016 or otherwise.
2 In this Act, “Authority” means the Resource Productivity and Recovery Authority continued under Part III of the Resource Recovery and Circular Economy Act, 2016; (“Office”) “blue box waste” means material prescribed as blue box waste by the regulations; (“déchets destinés à la boîte bleue”) “Deputy Registrar” means a Deputy Registrar of the Authority appointed under the Resource Recovery and Circular Economy Act, 2016; (“registrateur adjoint”) “designated waste” means blue box waste or material prescribed as a designated waste by the regulations; (“déchets désignés”) “industry funding organization” means a corporation continued under section 15 as an industry funding organization that is designated for a waste diversion program; (“organisme de financement industriel”) “industry stewardship plan” means a plan for the management of a designated waste operated by, or for the benefit of, one or more stewards who are designated in respect of that waste; (“plan de gérance industrielle”) “Minister” means the Minister of the Environment and Climate Change 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”) “old Act” means the Waste Diversion Act, 2002; (“ancienne loi”) “place” includes a building, structure, machine, vehicle or vessel; (“lieu”) “Registrar” means the Authority’s Registrar appointed under the Resource Recovery and Circular Economy Act, 2016; (“registrateur”) “Registry” means, except where the context requires otherwise, the Resource Productivity and Recovery Registry established under the Resource Recovery and Circular Economy Act, 2016; (“Registre”) “regulations” means the regulations made under this Act; (“règlements”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “waste diversion program” means a program continued under section 9. (“programme de réacheminement des déchets”) 2016, c. 12, Sched. 2, s. 2; 2021, c. 4, Sched. 6, s. 99. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 99 - 01/06/2021
3 This Act applies with respect to waste diversion programs on and after the day the Waste Diversion Act, 2002 is repealed under section 75.
4 (1) For greater certainty, on and after the day section 75 comes into force, (a)  no new industry funding organizations shall be established; (b)  no new waste diversion programs shall be approved; and (c)  no new industry stewardship plans shall be approved other than in accordance with section 37. In-progress applications discontinued (2) On the day section 75 comes into force, (a)  any applications to approve an industry stewardship plan that have been submitted but not yet decided under section 34 of the old Act are discontinued, subject to subsection (3); and (b)  any waste diversion programs or amendments to waste diversion programs that have been submitted to the Minister but not yet decided under section 26 of the old Act are deemed not to have been approved. Exception (3) Clause (2) (a) does not apply to an application in respect of a plan that relates to a designated waste in respect of which an industry stewardship plan is continued under section 36 and remains in effect. Resource Productivity and Recovery Authority
5 The Authority shall, (a)  oversee the operation by industry funding organizations of waste diversion programs for designated wastes in accordance with this Act, and monitor the effectiveness and efficiency of those programs; (b)  monitor the effectiveness of industry stewardship plans continued under section 36 or approved under section 37; (c)  exercise powers and perform duties in relation to compliance with and enforcement of this Act; (d)  oversee the orderly winding up of industry funding organizations and the winding up of waste diversion programs, in full or in respect of a designated waste, in accordance with this Act; (e)  exercise the powers and perform the duties that, as of the day before section 21 of the Resource Recovery and Circular Economy Act, 2016 comes into force, were exercised and performed by Waste Diversion Ontario with respect to a waste diversion program approved by the Minister under the old Act; (f)  exercise the powers and perform the duties given to the Authority with respect to a waste diversion program under this Act; (g)  seek to enhance public awareness of and participation in waste diversion programs; (h)  seek to ensure that waste diversion programs operated under this Act affect Ontario’s marketplace in a fair manner; (i)  determine the amount of money required by the industry funding organizations to carry out their responsibilities under this Act; and (j)  establish a dispute resolution process for, (i)  disputes between an industry funding organization and a municipality with respect to payments to the municipality under a waste diversion program, and (ii)  disputes between an industry funding organization and a person in respect of the application of rules made by the industry funding organization under section 33 or regulations made by the Lieutenant Governor in Council under subsection 73 (3).
6 (1) The Authority’s annual report required under Part III of the Resource Recovery and Circular Economy Act, 2016
shall include information with respect to the Authority’s activities under this Act. Contents (2) The information mentioned in subsection (1) shall include the following: 1.  A description of any consultations undertaken during the previous fiscal year by the Authority under this Act or otherwise, and a summary of the results of the consultations. 2.  Information about waste diversion programs operated under this Act during the previous fiscal year, including information about any changes to the programs. 3.  Information about any plans the Authority has approved during the previous fiscal year to wind up a waste diversion program in full or in respect of a designated waste, and information about their implementation. 4.  Information about any plans the Authority has approved during the previous fiscal year to wind up an industry funding organization, and information about their implementation. 5.  A summary of compliance and enforcement activities carried out under this Act during the previous fiscal year. 6.  A copy of every report an industry funding organization has provided to the Authority under section 30 in respect of the previous fiscal year. 7.  A copy of every report a person responsible for the operation of an industry stewardship plan has provided to the Authority under section 40 in respect of the previous fiscal year. 8.  A copy of the report submitted by Brewers Retail Inc. under subsection 69 (3) in respect of the previous year. Transition, first report (3) Despite subsection (2), the first report made by the Authority after section 75 comes into force shall include the following: 1.  Information about waste diversion programs developed, implemented and operated under the old Act during the fiscal year before section 75 comes into force. 2.  The information and reports described in subsection (2), with the following modifications: i.  Paragraph 6 of subsection (2) shall be read as including a reference to reports provided under section 33 of the old Act. ii.  Paragraph 7 of subsection (2) shall be read as including a reference to reports provided under subsection 34 (5) of the old Act. iii.  Paragraph 8 of subsection (2) shall be read as referring to the report submitted by Brewers Retail Inc. under subsection 35 (3) of the old Act.
7 The operating agreement between the Minister and the Authority required under the Resource Recovery and Circular Economy Act, 2016 shall include matters that the Minister considers advisable in the public interest relating to carrying out the Authority’s duties under this Act.
8 (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. Waste Diversion Programs
9 (1) The following waste diversion programs, which were approved under section 26 of the old Act, are continued until they are wound up under this Act: 1.  The waste diversion program for blue box waste. 2.  The waste diversion program for municipal hazardous or special waste. 3.  The waste diversion program for used tires. 4.  The waste diversion program for waste electrical and electronic equipment. Agreements and rules (2) For greater certainty, (a)  the agreements between Waste Diversion Ontario and the industry funding organizations that were required by subsection 25 (3) of the old Act and that form part of the waste diversion programs mentioned in subsection (1) are continued if they were in effect immediately before the day this section comes into force; and (b)  the rules made under section 30 of the old Act that were set out in an agreement referred to in subsection 25 (3) of the old Act are continued if they were in effect immediately before the day this section comes into force. Availability to public (3) The Authority shall ensure that the agreements are made available to the public on the Registry.
10 (1) A waste diversion program shall continue to meet the requirements of this section and, subject to section 14, no change shall be made that is inconsistent with these requirements. Same (2) A waste diversion program may deal with the following: 1.  Activities to reduce, reuse and recycle the waste. 2.  Research and development activities relating to the management of the waste. 3.  Activities to develop and promote products that result from the waste diversion program. 4.  Educational and public awareness activities to support the waste diversion program. Same (3) A waste diversion program shall not promote any of the following: 1.  Burning the waste. 2.  Landfilling the waste. 3.  The application of the waste to land. 4.  Any activity prescribed by the regulations for the purposes of this paragraph. Program agreements (4) A waste diversion program must include an agreement between the Authority and the industry funding organization that is designated for the waste diversion program governing the role of the industry funding organization in the operation of the program and governing the exercise of the industry funding organization’s powers under this Act.
11 (1) The waste diversion program for blue box waste must provide for payments to municipalities to be determined in a manner that results in the total amount paid to all municipalities under the program being equal to the applicable percentage of the total net costs incurred by those municipalities as a result of the program. Same (2) For the purposes of subsection (1), the applicable percentage is 50 per cent or such greater percentage as is prescribed by the regulations for the purposes of this subsection. Change by Minister (3) The Minister may, if he or she considers it advisable in the public interest for the purposes of this Act, change the waste diversion program for blue box waste to determine the total annual amount that shall be paid to municipalities under the program in respect of the period specified in the change. Consultation (4) Before making a change described in subsection (3), the Minister shall consult with Stewardship Ontario and representatives of municipalities. Application of Environmental Bill of Rights, 1993 (5) 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 a change under subsection (3) and, for that purpose, the change is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act. Effect of change under subs. (3) (6) A change described in subsection (3) has the same effect as a change approved by the Minister under section 12 or 13. Retroactive effect (7) A change to the waste diversion program for blue box waste under subsection (3) may be retroactive to a date that is no earlier than January 1 in the year before the change is made, but in no case shall the change be retroactive to a date that is earlier than January 1, 2016. Conflict (8) If there is a conflict between a change made by the Minister to the waste diversion program for blue box waste under subsection (3) and a change resulting from a wind-up plan approved under section 14 in respect of the program, the Minister’s change prevails.
12 (1) A material change may be made to a waste diversion program only after the material change is approved by the Minister under subsection (5). Consultation (2) The Authority and the industry funding organization designated for the waste diversion program shall consult about any proposed material change with, (a)  representatives of municipalities; (b)  representatives of persons who are designated under rules made by an industry funding organization under section 33 or regulations made under subsection 73 (3) as stewards in respect of the designated waste to which the waste diversion program applies; and (c)  any other persons the Authority and the industry funding organization consider to be affected by the proposed material change. Submission to Minister (3) If the Authority approves the proposed material change, it shall submit it to the Minister for his or her consideration. Same (4) If the Minister requests further information with respect to the proposed material change, the Authority shall provide it within the time specified by the Minister. Minister’s decision (5) After reviewing the Authority’s submission, the Minister may approve the proposed change if he or she considers it advisable to do so in the public interest for the purposes of this Act, and the Minister shall give the decision in writing. Application of Environmental Bill of Rights, 1993 (6) 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 a proposal for a material change submitted to the Minister under subsection (3) and, for that purpose, the proposed material change is deemed to be a proposal under consideration in the Ministry for a regulation under a prescribed Act.
15 (1) Stewardship Ontario is continued under the name Stewardship Ontario and is designated as the industry funding organization for, (a)  the waste diversion program for blue box waste; and (b)  the waste diversion program for municipal hazardous or special waste. Ontario Tire Stewardship (2) Ontario Tire Stewardship is continued under the name Ontario Tire Stewardship in English and Société de gestion des pneus usagés de l’Ontario in French and is designated as the industry funding organization for the waste diversion program for used tires. Ontario Electronic Stewardship (3) Ontario Electronic Stewardship is continued under the name Ontario Electronic Stewardship and is designated as the industry funding organization for the waste diversion program for waste electrical and electronic equipment. Limitation (4) An organization described in this section is continued until the day the organization is wound up. Purpose (5) The sole purpose of an industry funding organization is to perform the duties of an industry funding organization under this Act. Prohibition re: use of money, other assets (6) An industry funding organization shall not deal with money or any other asset other than in a way that is consistent with the purpose of an industry funding organization described in subsection (5).
16 (1) An industry funding organization is composed of the members of its board of directors, as set out in the regulations. Ceasing to be member (2) A person ceases to be a member of an industry funding organization when he or she ceases to be a member of its board of directors. Transition (3) The persons who are members of the board of directors of an industry funding organization immediately before the day this section comes into force continue as members of the board on and after that day in accordance with their appointments.
17 An industry funding organization shall be managed by its board of directors.
18 (1) The chair of the board of directors shall be designated by the board of directors from among its members. Transition (2) The chair who is in office immediately before the day this section comes into force continues as chair in accordance with his or her designation.
19 (1) Two-thirds of the members of the board of directors constitutes a quorum for the transaction of business. Vacancy on board (2) If there are one or more vacancies on the board of directors, the remaining directors may exercise all the powers of the board if they would constitute a quorum of the fully constituted board.
20 (1) Decisions of the board of directors shall be determined by majority vote. One vote per member (2) Subject to subsection (3), each member of the board of directors is entitled to one vote. Tie vote (3) In the event of a tie vote, the chair is entitled to cast a second vote.
21 (1) The board of directors may pass by-laws, (a)  regulating its proceedings, specifying the powers and duties of the officers and employees of the industry funding organization and generally for the conduct and management of the organization; (b)  respecting the appointment of officers and employees of the industry funding organization and providing for payment of their remuneration and reimbursement of their expenses; and (c)  providing for reimbursement of the expenses of the members of the board of directors. Subcommittees (2) The by-laws may authorize the establishment of subcommittees of the board of directors and may authorize a subcommittee to include persons who are not members of the board. Existing by-laws continued (3) A by-law that was made under the old Act by an industry funding organization and that was in force immediately before this section comes into force continues in force as a by-law of the organization until repealed or replaced by a by-law made by the board of directors.
22 The members of the board of directors are not entitled to any remuneration, but may be reimbursed for expenses in accordance with the by-laws made under section 21.
23 The Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to an industry funding organization, except as provided by the regulations. 2016, c. 12, Sched. 2, s. 23, 77 (2); 2017, c. 20, Sched. 8, s. 143 (2). Section Amendments with date in force (d/m/y) 2016, c. 12, Sched. 2, s. 77 (2) - 19/10/2021 2017, c. 20, Sched. 8, s. 143 (2) - 19/10/2021
24 (1) An industry funding organization has the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its responsibilities, except as limited by this Act or the regulations. Subsidiary corporation (2) An industry funding organization shall not establish a subsidiary corporation, except as permitted by the regulations. Commercial activity (3) An industry funding organization shall not engage in commercial activity through an individual, corporation or other entity that is related to the organization, to a member of its board of directors or to an officer of the organization, except as permitted by the regulations.
25 An industry funding organization is not an agent of the Crown in right of Ontario for any purpose, despite the Crown Agency Act, and shall not hold itself out as such.
26 No action or other proceeding shall be commenced against the Crown in right of Ontario in respect of any act or omission of an industry funding organization, any member of its board of directors, or any of its officers, employees or agents.
27 (1) No action or other proceeding shall be commenced against a member of the board of directors of an industry funding organization or any officer or employee of an industry funding organization for any act done in good faith and in a reasonable manner in the performance or intended performance of his or her duties or for any neglect or default in the performance in good faith of his or her duties. Same (2) Subsection (1) does not relieve an industry funding organization of any liability to which it would otherwise be subject.
28 An industry funding organization’s fiscal year is the period from January 1 to December 31 in each year.
29 (1) Each industry funding organization 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, for each fiscal year, audit the accounts and financial transactions of the industry funding organization and shall prepare a report on each audit.
30 (1) Each industry funding organization shall, not later than April 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 Authority and make the report available to the public. Contents (2) The report shall include the following: 1.  Information about each waste diversion program operated during the previous fiscal year. 2.  Information about, i.  material changes to a waste diversion program that were developed and implemented under this Act during the previous fiscal year, and ii.  steps taken to develop and implement a plan approved under section 14. 3.  Audited financial statements for the industry funding organization and a copy of the auditor’s report on the organization under subsection 29 (2). 4.  A description of any consultations undertaken by the industry funding organization during the previous fiscal year under this Act and a summary of the results of the consultations. Signature (3) The report shall be signed by the chair of the industry funding organization’s board of directors.
31 (1) The Authority may request, in accordance with any prescribed requirements, that an industry funding organization provide the Authority with information, and the industry funding organization shall provide the information. Conflict (2) The requirement to provide information under subsection (1) prevails over a provision in a program agreement mentioned in subsection 10 (4) with which it conflicts. Operation of Waste Diversion Programs
32 (1) An industry funding organization shall, in accordance with this Act, operate the waste diversion program for which it is designated until such time as the program is wound up under this Act. Consultation (2) In operating the program, the industry funding organization shall consult with, (a)  representatives of municipalities; (b)  representatives of persons who are designated under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (3) as stewards in respect of the designated waste to which the waste diversion program applies; and (c)  any other persons the industry funding organization considers to be affected by the operation of the program.
34 (1) A person who is designated as a steward in respect of a designated waste under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (3) shall pay to the organization the fees determined in accordance with the rules or the regulations under that subsection at the times specified by the rules or the regulations under that subsection. Voluntary contributions (2) The industry funding organization may, with the Authority’s approval, reduce the amount of fees payable by a person under subsection (1), or exempt a person from subsection (1), if the person has made voluntary contributions of money, goods or services to the organization. Conditions and restrictions (3) A reduction in fees or an exemption under subsection (2) may be subject to such conditions or restrictions as are specified in writing, with the Authority’s approval, by the industry funding organization.
35 (1) Each fund that was established under subsection 32 (1) of the old Act by an industry funding organization in respect of a waste diversion program and that was being maintained immediately before the day this subsection comes into force shall continue to be maintained by the organization after that day in accordance with this section. Purposes of fund (2) The fund shall be held in trust by the industry funding organization and shall only be used for the following purposes: 1.  To pay the costs of operating the program. 2.  To pay the costs of developing and implementing changes to the program. 3.  To pay the costs of developing and implementing a plan to wind up all or part of the program. 4.  To pay the costs incurred by the organization or the Authority to wind up all or part of the program. 5.  To pay the costs incurred by the organization or the Authority to wind up the organization. 6.  To pay the costs incurred by the Authority in exercising its powers and carrying out its duties as they relate to the industry funding organization. 7.  To pay the costs incurred by the Crown in administering this Act and the regulations, as the costs relate to the industry funding organization and the Authority’s oversight of it, including costs associated with appeals to the Tribunal of the Authority’s orders. Money to be paid into fund (3) All money received by the industry funding organization, including the following amounts, shall be paid into the fund: 1.  All fees paid to the organization under section 34 and all interest and penalties paid in respect of those fees. 2.  All voluntary contributions of money to the organization. 3.  All investment income earned by the fund. Payment of Authority’s costs (4) The Authority may, from time to time, determine the amount to be paid by the industry funding organization that reflects the costs incurred by the Authority in exercising its powers and carrying out its duties as they relate to the industry funding organization, and the industry funding organization shall pay the amount out of the fund. Distribution of remaining property (5) If an industry funding organization develops a plan under section 14 with respect to a waste diversion program, nothing in this section prohibits the plan from providing for the distribution to the Authority by the industry funding organization, or a liquidator of the industry funding organization, of any property of the industry funding organization related to a designated waste or the program that remains after all liabilities of the industry funding organization in respect of the designated waste or the program have been satisfied. 2019, c. 14, Sched. 8, s. 79. Same (6) If a distribution is made under subsection (5), the Authority shall use the property it receives to cover costs of the Authority under the Resource Recovery and Circular Economy Act, 2016 related to the designated waste in respect of which the program was operated. 2019, c. 14, Sched. 8, s. 79. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 79 - 10/12/2019 Industry Stewardship Plans
36 Each industry stewardship plan approved under section 34 of the old Act that was in force immediately before the day this section comes into force is continued until the earliest of the following days: 1.  The date specified in the approval or a later date approved under section 37. 2.  If a waste diversion program is wound up in full, the date set out in the Minister’s notice under subsection 14 (21) terminating the program to which the plan relates. 3.  If a waste diversion program is wound up in respect of a designated waste to which the plan relates, the date set out in the Minister’s notice under subsection 14 (22) terminating the part of the program that relates to that designated waste.
37 (1) On application, the Authority may approve an additional industry stewardship plan, a change to an industry stewardship plan continued under section 36, or a change to an additional plan approved under this section if, (a)  in the case of an additional industry stewardship plan, the plan relates to a designated waste in respect of which an industry stewardship plan was continued under section 36; (b)  the plan relates to material that continues to be a designated waste under this Act; and (c)  the Authority is satisfied that the plan or the change will achieve similar or improved results as compared to the waste diversion program approved under section 26 of the old Act. Approval in writing (2) An approval under this section is not valid unless it is in writing. Time limit (3) An approval under this section is valid until the latest of the following days: 1.  The date specified in the approval. 2.  If the person responsible for the plan’s operation applies for an extension before the date specified in the approval and the Authority grants the extension in writing, the new date specified in the document granting the extension. 3.  If a waste diversion program is wound up in full, the date set out in the Minister’s notice under subsection 14 (21) terminating the program to which the plan relates. 4.  If a waste diversion program is wound up in respect of a designated waste to which the industry stewardship plan relates, the date set out in the Minister’s notice under subsection 14 (22) terminating the part of the program that relates to that designated waste.
38 The Authority shall ensure that a list of industry stewardship plans continued under section 36 or approved under section 37 is made available on the Registry.
39 (1) Section 34, the rules made under clauses 33 (1) (f) and (g), and the regulations made under subsection 73 (3) in respect of the matters mentioned in clauses 33 (1) (f) and (g) do not apply to a person who is designated under the rules made by an industry funding organization under section 33 or the regulations made under subsection 73 (3) as a steward in respect of a designated waste if, (a)  an industry stewardship plan that relates to the designated waste was approved under section 34 of the old Act or section 37 of this Act; and (b)  the person is required by a contract to participate in the plan and is a member of a class of persons described in the plan as participants of the plan. Same (2) Subsection (1) does not relieve the person from the requirement, (a)  to pay a fee that was due before the effective date; (b)  to keep or submit a record that the person was required to keep or submit before the effective date; (c)  to permit inspection of a record described in clause (b); or (d)  to provide a report or other information that the person was required to provide before the effective date. Effective date (3) For the purposes of subsection (2), the effective date is the first date on which the person, (a)  was required by a contract to participate in the plan; and (b)  was a member of a class of persons described in the plan as participants of the plan.
40 The person responsible for the operation of an industry stewardship plan approved under section 34 of the old Act or under section 37 of this Act shall, not later than April 1 in each year, (a)  prepare a report on the operation of the plan during the previous year; and (b)  provide a copy of the report to the Authority and make the report available to the public.
41 (1) The Authority may establish fees and charge them to the person responsible for the operation of an industry stewardship plan approved under section 34 of the old Act or under section 37 of this Act for, (a)  monitoring the effectiveness of the plan; and (b)  performing other functions related to the plan. Payment (2) A person to whom a fee is charged under subsection (1) shall pay the fee. Same (3) A fee established under subsection (1) must reasonably reflect the costs incurred by the Authority in performing the function for which the fee is established. Legislation Act, 2006, Part III (4) Part III of the Legislation Act, 2006 does not apply to an instrument made by the Authority to establish a fee under subsection (1). Crown’s Costs
42 (1) The Lieutenant Governor in Council may from time to time, by order, fix an amount to be paid to defray the Crown’s costs in administering this Act and the regulations, (a)  by the Authority; and (b)  by each industry funding organization in respect of costs associated with the waste diversion program for which the industry funding organization is designated. Costs (2) The amounts fixed under subsection (1) may include costs that are attributable to the oversight of the Authority and the industry funding organizations under this Act, including costs associated with appeals to the Tribunal of the Authority’s orders. Payment, industry funding organization (3) An industry funding organization shall pay the amount fixed for it under subsection (1) to the Authority in accordance with the terms of the order. Same, Authority (4) The Authority shall pay to the Minister of Finance, in accordance with the terms of the order, (a)  the amount fixed for the Authority under subsection (1); and (b)  the amount paid to the Authority by each industry funding organization under subsection (3). Appointment of Administrator
44 (1) On the appointment of an administrator under section 43, the members of the industry funding organization’s board of directors cease to hold office, unless the resolution provides otherwise. Same (2) During the term of the administrator’s appointment, the powers of any member of the organization’s board who continues to hold office are suspended, unless the resolution provides otherwise. Same (3) Subsection (2) also applies to the powers of members of the board who are appointed or elected during the term of the administrator’s appointment. No personal liability (4) No action or other proceeding shall be instituted against a member or former member of the organization’s board for anything done by the administrator or the organization after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2) or (3). Liability of organization (5) Subsection (4) does not relieve the industry funding organization of liability to which it would otherwise be subject. Compliance and Enforcement
45 (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 which the inspector shall produce, on request, when acting in the performance of his or her duties. 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.
46 A person shall not be appointed under section 45 unless he or she is an employee of the Authority.
47 Appointments under section 45 shall be made in writing.
48 (1) An inspector may, at any reasonable time, enter any place described in subsection (2) and conduct an inspection for the purpose of determining any person’s compliance with this Act or the regulations if the inspector reasonably believes that, (a)  the place contains documents or data relating to the person’s compliance; or (b)  an activity relating to the person’s compliance is occurring or has occurred at the place. Same (2) Subsection (1) authorizes an inspector to enter a place only if it is owned or occupied by one of the following: 1.  A person designated as a steward under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (3). 2.  An industry funding organization. 3.  A person retained by an industry funding organization to operate all or part of an approved waste diversion program. 4.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Act. 5.  The owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act. 6.  A person operating an industry stewardship plan. Entry to dwellings (3) A person shall not exercise a power conferred by this section to enter, without the occupier’s consent, a room that is actually used as a dwelling, except under the authority of an order made under section 51. Powers during inspection (4) An inspector may do any one or more of the following in the course of entering a place and conducting an inspection: 1.  Examine, record or copy any document or data, in any form, by any method. 2.  Make a record of anything by any method. 3.  Require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inspection. 4.  Remove from the place, for the purpose of making copies, documents or data produced under paragraph 3. 5.  Make reasonable inquiries of any person, orally or in writing. Limitation (5) A record made under paragraph 2 of subsection (4) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy. Records in electronic form (6) If a record is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically or both. Limitation re removal of documents (7) An inspector shall not remove documents or data under paragraph 4 of subsection (4) without giving a receipt for them and shall promptly return them to the person who produced them. Power to exclude persons (8) An inspector who exercises the power set out in paragraph 5 of subsection (4) may exclude any person from the questioning, except counsel for the individual being questioned.
49 (1) For the purpose of determining a person’s compliance with this Act or the regulations, an inspector may, at any reasonable time and with any reasonable assistance, require any of the following persons to respond to reasonable inquiries: 1.  A person designated as a steward under the rules made by an industry funding organization under section 33 or a regulation made under subsection 73 (3). 2.  An industry funding organization. 3.  A person retained by an industry funding organization to operate all or part of an approved waste diversion program. 4.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Act. 5.  The owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act. 6.  A person operating an industry stewardship plan. 7.  A director, officer, employee or agent of a person described in paragraphs 1 to 6. Same (2) For the purposes of subsection (1), an inspector may make inquiries by any means of communication. Production of document (3) In requiring a person to respond to an inquiry under subsection (1), an inspector may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. Records in electronic form (4) If a record is retained in electronic form, the inspector may require that a copy of it be provided to him or her on paper or electronically or both.
50 On request, an inspector who exercises a power under this Act shall identify himself or herself as an inspector, either by the production of a copy of the certificate of appointment or in some other manner, and shall explain the purpose of the exercise of the power.
51 (1) A justice may issue an order authorizing an inspector to do anything set out in subsection 48 (1) or (4) or section 49 if the justice is satisfied, on evidence under oath by an inspector, that there are reasonable grounds to believe that, (a)  it is appropriate for the inspector to do anything set out in subsection 48 (1) or (4) or section 49 for the purpose of determining any person’s compliance with this Act or the regulations; (b)  the inspector may not be able to carry out his or her duties effectively without an order under this section because, (i)  no occupier is present to grant access to a place that is locked or otherwise inaccessible, (ii)  a person has prevented or may prevent the inspector from doing anything set out in subsection 48 (1) or (4) or section 49, (iii)  it is impractical, because of the remoteness of the place to be inspected or for any other reason, for an inspector to obtain an order under this section without delay if access is denied, or (iv)  an attempt by an inspector to do anything set out in subsection 48 (1) or (4) or section 49 might not achieve its purpose without the order; or (c)  a person is refusing or is likely to refuse to respond to reasonable inquiries. Same (2) Subsections 48 (5) to (8) apply to an inspection carried out under an order issued under this section. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made. Renewal (4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods, each of which is not more than 30 days. When to be executed (5) Unless the order provides otherwise, everything that an order under this section authorizes must be done between 6 a.m. and 9 p.m. Application without notice (6) An order under this section may be issued or renewed on application without notice. Application for dwelling (7) An application for an order under this section authorizing entry to a dwelling shall specifically indicate that the application relates to a dwelling.
52 An inspector may detain copies obtained under section 48 or 51 for any period and for any purpose relating to enforcing this Act and the regulations.
53 An inspector who is authorized by an order under section 51 to do anything set out in subsection 48 (1) or (4) or section 49 may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required, and it is the duty of every member of a police force to render the assistance. Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 64) Calling for assistance of member of police service 53 An inspector who is authorized by an order under section 51 to do anything set out in subsection 48 (1) or (4) or section 49 may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the police service in the area where the assistance is required, and it is the duty of every member of a police service to render such assistance. 2019, c. 1, Sched. 4, s. 64. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 66 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 64 - not in force
54 (1) During an inspection under section 48 or 51, an inspector may, without a warrant or court order, seize anything that is produced to the inspector or that is in plain view, if the inspector reasonably believes that the thing will afford evidence of an offence under this Act. Detention or removal, things seized (2) An inspector who seizes anything under this section may remove the thing or may detain it in the place where it is seized. Reasons and receipt (3) If possible, the inspector shall inform the person from whom a thing is seized under this section as to the reasons for the seizure and shall give the person a receipt for the thing seized.
55 (1) An inspector who seizes anything under section 54 shall bring the thing before a justice or, if that is not reasonably possible, shall report the seizure to a justice. Application of Provincial Offences Act (2) Section 159 of the Provincial Offences Act applies with necessary modifications in respect of a thing seized under section 54 of this Act.
56 (1) An administrative penalty may be imposed under this section for one or more of the following purposes: 1.  To ensure compliance with this Act and the regulations. 2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or of the regulations. Order by Registrar or Deputy Registrar (2) The Registrar or a Deputy Registrar may, subject to the regulations, issue an order requiring a person described in subsection (3) to pay an administrative penalty to the Authority if the Registrar or Deputy Registrar is of the opinion that the person has contravened, (a)  subsection 14 (1); (b)  section 30; (c)  section 31; (d)  a rule made by an industry funding organization under section 33; (e)  subsection 33 (8); (f)  section 34; (g)  subsection 35 (2); (h)  subsection 35 (3); (i)  section 40; (j)  subsection 41 (2); (k)  section 49; (l)  subsection 69 (3); or (m)  a provision of the regulations. Same (3) An order may be issued under subsection (2), (a)  to an industry funding organization; (b)  to a person designated as a steward; (c)  to a person operating an industry stewardship plan; or (d)  to Brewers Retail Inc. Limitation (4) An order under subsection (2) shall be served not later than one year after the day on which evidence of the contravention first came to an inspector’s attention. Orders not to be issued to officers, employees, directors or agents (5) If a person who is required to comply with a provision of this Act or of the regulations is a corporation, an order under subsection (2) shall be issued to the corporation and not to an officer, employee, director or agent of the corporation. Amount of penalty (6) The amount of the administrative penalty for each day or part of a day on which a contravention occurred or continues to occur shall be determined by the Registrar or a Deputy Registrar in accordance with the regulations. Contents (7) An order under subsection (2) shall be served on the person who is required to pay the administrative penalty and shall, (a)  contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention; (b)  specify the amount of the penalty; (c)  give particulars respecting the time for paying the penalty and the manner of payment; and (d)  provide details of the person’s right to require a hearing under section 58. Absolute liability (8) A requirement that a person pay an administrative penalty applies even if, (a)  the person took all reasonable steps to prevent the contravention; or (b)  at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. Same (9) For greater certainty, nothing in subsection (8) affects the prosecution of an offence. Payment prevents conviction (10) A person who pays an administrative penalty in respect of a contravention and has remedied the contravention shall not be convicted of an offence under this Act in respect of the same contravention.