On June 9, 2016 Bill 151 – the Waste Free Ontario Act (WFOA) – comprised of two schedules, 1) the Waste Diversion Transition Act (WDTA) and 2) the Resource Recovery and Circular Economy Act (RRCEA), received Royal Assent. While the Act was not proclaimed into force before the Legislature recessed for the summer, the Government clearly indicated that the days of the current legislation (the Waste Diversion Act, 2002) and the Industry Funding Organization (IFO) delivery of programs are coming to a close.

Many of you are likely asking what this means for your business, your role in the current program and OTS. At this point, the answers to these and other questions are still under development, but based on the consultations the Government held during the development of the Act, there are some elements that are clearer than others:

• Producers of products will be individually responsible and liable for meeting diversion targets;
• The new Resource Recovery Authority will serve as the regulatory body that monitors Producer compliance with the Act and Regulations;
• The IFO’s will be wound down according to a schedule to be set by the Minister, the new Authority will be responsible for monitoring the development of, consultation on and implementation of IFO wind-down plans;
• IFO’s are explicitly prohibited from supporting or funding initiatives that are focused on delivering diversion services following the transition;
• Producers will have to determine how they will meet diversion objectives and may do so individually or by acting together with other Producers.

The Waste Free Ontario Act (WFOA) is primarily framework legislation and there remains much to be fleshed out in the coming months. Diversion targets must be set, responsibilities assigned to the various stakeholders through the used tire diversion supply chain, and a wind-down plan will be developed by OTS that complies with the Minister’s direction. This plan will be developed in consultation with stakeholders and designed to minimize disruption to existing used tire collection and diversion activities.

For the moment, it is essentially business as usual for OTS, ensuring used tires are diverted and markets for recycled tire products continue to grow. While we all wait for the Government and the new Authority to provide greater clarity on the next steps towards a transition to the new policy framework, we here at OTS remain committed to delivering the current program efficiently and continuing to support the growth of a self-sustaining tire recycling industry in Ontario.