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O. Reg. 11/12: MUNICIPAL HAZARDOUS OR SPECIAL WASTE

filed February 9, 2012 under Waste Diversion Act, 2002, S.O. 2002, c. 6

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ontario regulation 11/12

made under the

Waste Diversion Act, 2002

Made: February 9, 2012
Filed: February 9, 2012
Published on e-Laws: February 10, 2012
Printed in The Ontario Gazette: February 25, 2012

Amending O. Reg. 542/06

(Municipal Hazardous or Special Waste)

1. Subsection 1 (1) of Ontario Regulation 542/06 is amended by adding the following definition:

“class of municipal hazardous or special waste” means a class of municipal hazardous or special waste in respect of which a steward has been designated under the Act;

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

Deficit recovery fee

4. (1) This section applies in respect of a class of municipal hazardous or special waste if Stewardship Ontario had an accumulated deficit related to that class as of December 31, 2011.

(2) Stewardship Ontario shall, on or before April 1, 2012, determine the amount of a fee to be paid by a steward designated under the Act in respect of a class of municipal hazardous or special waste mentioned in subsection (1) by applying the following:

A = D × B ÷ C

where,

  A = the fee to be paid by the steward,

B = the quantity of material that is commercially connected to the class of municipal hazardous or special waste and that was supplied by the steward during the period beginning July 1, 2008 and ending December 31, 2011,

C = the quantity of material that is commercially connected to the class of municipal hazardous or special waste and that was supplied by all stewards designated under the Act in respect of that class during the period beginning July 1, 2008 and ending December 31, 2011,

  D = Stewardship Ontario’s accumulated deficit related to the class of municipal hazardous or special waste as of December 31, 2011.

(3) For the purposes of subsection (2), the quantity of material supplied by a steward is determined by applying the method set out in the rules made under clause 30 (1) (g) of the Act for reporting that quantity to Stewardship Ontario.

(4) Unless a rule has been made under clause 30 (1) (c) of the Act prescribing times when a fee determined under this section is to be paid, the fee shall be paid in four equal instalments, with an instalment to be paid on or before each of the following dates: 

1. May 15, 2012.

2. July 30, 2012.

3. October 31, 2012.

4. January 31, 2013.

(5) Stewardship Ontario shall, at least 30 days before a fee or the first instalment of a fee determined under this section is required to be paid by a steward, provide written notice of the following to the steward:

1. The amount of the fee to be paid by the steward.

2. If the fee may be paid in instalments, the amount of each instalment.

3. The date or dates on or before which all amounts must be paid.

3. The Regulation is amended by adding the following sections:

Quarterly fees

5. (1) Stewardship Ontario shall, no later than 90 days following the end of each fiscal quarter, determine the amount of a fee to be paid in respect of that fiscal quarter by a steward designated under the Act in respect of a class of municipal hazardous or special waste by applying the following:

A = D × B ÷ C

where,

  A = the fee to be paid by the steward,

B = the quantity of material that is commercially connected to the class of municipal hazardous or special waste and that was supplied by the steward during the fiscal quarter that occurred before the fiscal quarter in respect of which the fee is to be paid,

C = the quantity of material that is commercially connected to the class of municipal hazardous or special waste and that was supplied by all stewards designated under the Act in respect of that class during the fiscal quarter that occurred before the fiscal quarter in respect of which the fee is to be paid,

  D = the costs related to the class of municipal hazardous or special waste during the fiscal quarter in respect of which the fee is to be paid.

(2) For the purposes of subsection (1),

(a) the quantity of material supplied by a steward is determined by applying the method set out in the rules made under clause 30 (1) (g) of the Act for reporting that quantity to Stewardship Ontario; and

(b) the costs related to a class of municipal hazardous or special waste must not exceed the sum of the amounts described in subparagraphs 1 i, ii and iii of subsection 30 (3) of the Act that were incurred in relation to the class.

(3) Unless a rule has been made under clause 30 (1) (c) of the Act prescribing times when a fee determined under this section is to be paid, the fee shall be paid no later than 180 days following the end of the fiscal quarter in respect of which the fee is required to be paid.

(4) Stewardship Ontario shall, at least 30 days before a fee or the first instalment of a fee determined under this section is required to be paid by a steward in respect of a fiscal quarter, provide written notice of the following to the steward:

1. The amount of the fee to be paid by the steward.

2. If the fee may be paid in instalments, the amount of each instalment.

3. The date or dates on or before which all amounts must be paid.

Revocation of rule

6. The following rule made under subsection 30 (1) of the Act is revoked:

Rule 3.2 of “Schedule A to Waste Diversion Ontario’s Program Agreement – Rules for Stewards with respect to Payment of Fees respecting Municipal Hazardous and Special Materials 2012”, as set out in the Amended and Restated Program Agreement between Waste Diversion Ontario and Stewardship Ontario, dated January 1, 2010, as amended December 14, 2011.

Commencement

4. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 3 comes into force on the later of April 1, 2012 and the day this Regulation is filed.

Made by:

Jim Bradley

Minister of the Environment

Date made: February 9, 2012.