TUESDAY MAY 17, 2005

IN FOCUS: ONTARIO WASTE DIVERSION ACT

BACKGROUND
The Ontario Waste Diversion Act was passed June 17, 2002. The Act obligates resident Ontario organizations whose printed material and packaging ends up in the residential waste stream, to pay for half the net cost of the Ontario Blue Box Recycling Program. For purposes of the Act, “residency” is defined with the same criteria as the Ontario Income Tax Act. Registration and compliance are mandatory, and rules are generic across all business sectors. Stewardship Ontario oversees the enforcement, and presented proposed rules and tariffs to the Ontario government in February 2003, which were subsequently approved December 2003. Voluntary start-up is encouraged, however, in practice, Stewardship Ontario has to notify the “brand owner” – in the case of the mailing industry, the organization(s) whose name is on the mail – and the organization(s) has 90 days to comply. To read the Act: www.gov.on.ca click on quick links to LAWS, then STATUTES, then alpha to WASTE DIVERSION ACT. To read the rules, tariffs, definitions: www.stewardshipontario.ca

NEW
Some mailers have just received letters of notification from Stewardship Ontario, or have learned of the Program from other sources, and are seeking education and clarification on a variety of issues, including multi- and co-branded materials. Several mailers expressed concern over volume/weight calculations due to the backdating of requirements to 2002. A quick survey of printers and Value Add Mailers, indicated no real education of brand owners (mailers) by the supplier base due to a lack of knowledge of the Program. This makes sense given they are not accountable in the Program, however, some indicated mailers had requested volume/weight statistics on mail and periodicals. In discussion with Stewardship Ontario, NAMMU advised the mail “brand owners” were unique and yet were being asked to comply with generic business sector rules. Some accommodation is needed for their circumstances as implementation is enforced. Stewardship Ontario confirmed it would work with mailers coming on board with the Program, to ensure the simplest and most equitable process(es) is in place that produce the required results. NAMMU will also link members with other like mailers when requested, in order to build the network of knowledge and best practices. Comments, issues and questions are welcomed by the NAMMU Executive: executive@nammu.org

NEXT
In December 2004, the Quebec government passed legislation similar to the Ontario Waste Diversion Act. No information is available yet on the overseeing body, proposed rules and tariffs. NAMMU will keep members informed of specifics through bulletins and national information sessions, and will use the experience gained through members’ Ontario compliance measures to positively influence implementation procedures. Read more: www.coselective.qc.ca

In Ontario, the Extended Producer Responsibility (EPR) of the Waste Diversion legislation, is under discussion with large brand manufacturers such as Sony, Sharp, Sears, etc. When this part of the Act comes into effect, it will impact electronic products shipped to Ontario residents, in addition to the packaging. NAMMU will continue to monitor implementation and assess impact of subsequent rule changes and invites members to provide feedback: executive@nammu.org