Compliance Orders and Administrative Penalties

RPRA is the regulator established by the Ontario government to enforce the province’s circular economy laws, the Resource Recovery and Circular Economy Act, 2016 (RRCEA), the Waste Diversion Transition Act, 2016 (WDTA), and their associated regulations.

Failure to meet regulatory requirements under the RRCEA and WDTA may result in enforcement action against obligated parties.

Under Part V (Enforcement) of the RRCEA, obligated parties in breach of the requirements outlined in the Act and its associated regulations may be subject to:

• Compliance orders, including requiring obligated IFOs or stewards to comply with any directions related to remedying the non-compliance
• Penalties, including recovering any economic benefit that resulted from the non-compliance, as outlined in the Administrative Penalties Regulation
• Prosecution

Under s. 45-66 (Compliance and Enforcement) of the WDTA, obligated parties in breach of the requirements outlined in the Act and its associated regulations and the rules made by an industry funding organization may be subject to:

• Penalties, including recovering any economic benefit that resulted from the non-compliance, as outlined in the Administrative Penalties Regulation
• Prosecution

In accordance with the RRCEA, Compliance Orders and Administrative Penalties issued by RPRA’s Registrar, Deputy Registrar, or an inspector are required to be publicly disclosed. The tables below provide details of compliance orders and administrative penalties issued by RPRA:

Review of Compliance Order

The subject of a Compliance Order has the right to request a review of the Order by the Deputy Registrar within seven (7) days. This can be done by completing and submitting a Request for Compliance Order Review to the Authority and may be sent to [email protected].

A request for review must include:

• the portions of the order in respect of which the review is requested;
• any submissions that you want the Deputy Registrar to consider; and
• your mailing address or email address for service of the Deputy Registrar’s decision.

Note: Compliance Orders take effect on the date of issue, even if a request for review has been submitted, unless the Deputy Registrar orders a stay in accordance with section 87(5) of the Act.

Request to Consider Additional Information

The subject of an Administrative Penalty will receive a Notice of Intention from the Registrar prior to the penalty being issued. The recipient of a notice under the RRCEA may request in writing within 21 days of receiving the notice that the Registrar consider additional information related to the contravention, the penalty amount, or any actions that may have been undertaken to remedy the contravention. The recipient of a notice under the WDTA has 15 days to request that the Registrar consider additional information.

Information about how penalties are issued and assessed under the RRCEA can be found in RPRA’s Administrative Penalty Guideline.

Appeals

Under s. 91-97 (Appeals) of the RRCEA and s. 58-64 of the WDTA, Compliance Orders and Administrative Penalties issued by the Registrar or Deputy Registrar may be appealed to the Ontario Land Tribunal. Questions of law may be appealed from the tribunal to the Divisional Court, with leave of the Court.

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