The Authority approved Stewardship Ontario’s (SO) Surplus Fund Addendum to the MHSW Wind-Up Plan on June 26, 2020.

The approved ISO Surplus Fund Transfer Addendum outlines the amount of surplus funds to be transferred to the Industry Stewardship Organizations (ISOs) as a lump sum and the process for SO to recover  reasonable unexpected costs related to the materials managed by the ISO’s in the event of a delay in wind up of the MHSW Program.

On April 1, 2020, the Minister of the Environment, Conservation and Parks issued a letter directing SO to develop amendments to the MHSW Program Wind-Up Plan. The Minister’s direction letter required amendments to the plan to facilitate a lump sum transfer of each Industry Stewardship Organization’s (ISO) portion of material-specific surplus funds. A subsequent letter extended SO’s submission deadline from April 30, 2020 to June 5, 2020. SO consulted on the amendment in May and submitted its proposal to the Authority on June 5, 2020.

The Authority held a consultation webinar on June 10, 2020 and consulted on the proposal until June 17, 2020. Read the consultation report here.

Background

In April of 2018, the Minister of the Environment, Conservation and Parks directed Stewardship Ontario to wind up the MHSW Program to enable the transition of hazardous or special waste to individual producer responsibility under the Resource Recovery and Circular Economy Act, 2016. The Minister directed operation of the MHSW program for all designated materials except single-use batteries to cease on June 30, 2021. The single-use battery program was directed to cease operations on June 30, 2020.

Stewardship Ontario submitted its proposed wind-up plan to the Authority by the September 30, 2019 deadline set by the Minister. Between October and November 2019, the Authority consulted on the plan with municipalities, stewards and other affected stakeholders.

Proposed Wind-Up Plan Consultation Process

Prior to the Authority’s approval of SO’s MHSW Wind-Up Plan, the Authority held consultations on the proposed plan between October and November 2019.  The Authority held several sessions over the consultation period that were open to all MHSW Program participants, municipalities, the public and other interested stakeholders. Read the consultation report here.

WhereDate and TimeLocationRegistration
EmailOctober 7 - November 21Email comments to: consultations@rpra.caNo registration required.
WebinarTuesday, October 22OnlinePresentation
Recording
Vaughan (GTA)Wednesday, October 23
Aloft Vaughan Mills, 151 Bass Pro Mills Drive, Vaughan Presentation
LondonTuesday, October 29
9:00 a.m. – 11:00 a.m.
Best Western Plus Stoneridge Inn & Conference Centre, 6675 Burtwhistle Lane, LondonPresentation
Smiths FallsTuesday, November 5
9:30 a.m. – 11:30 a.m.
Smiths Falls Memorial Community Centre, 71 Cornelia Street, Smiths FallsPresentation
North BayWednesday, November 6
9:30 a.m. – 11:30 a.m.
Best Western North Bay Hotel & Conference Centre, 700 Lakeshore Drive, North BayPresentation
DrydenTuesday, November 12
9:30 a.m. – 11:30 a.m.
Best Western Plus Dryden Hotel & Conference, 349 Government St, DrydenPresentation
WebinarFriday, November 15
10 a.m. – 12:00 p.m.
OnlinePresentation
Recording

The Authority’s in-person consultation sessions were held in conjunction with the Association of Municipalities of Ontario (AMO) and the Continuous Improvement Fund (CIF) Fall Blue Box Updates. The Authority, AMO and CIF coordinated these meetings strictly for logistical reasons. AMO and CIF were not involved in the content or design of the Authority’s consultations on the proposed MHSW Wind-Up Plan and the Authority had no role in the content or design of AMO and CIF’s update on the Blue Box Program.

Minister’s Direction on Residual Funds

On December 20, 2019, the Minister issued a direction letter to the Authority and SO clarifying how MHSW residual funds should be managed once the program winds up.

On December 27, 2019, the Authority approved the SO MHSW Wind Up Plan with conditions, one of which relates to the December 20, 2019 Minister’s direction: “SO shall revise any sections of the Plan that refer to or deal with the management of residual funds to ensure consistency with the Minister’s direction received on December 20, 2019 and shall submit the revised Wind Up Plan to the Authority for approval.

As a result of the Minister’s direction, SO submitted a proposed Residual Funds Addendum to the MHSW Wind-Up Plan to the Authority. The Addendum was assessed for compliance with the WDTA, consistency with the Minister’s direction and conformance to the Authority’s Wind-Up Guide. The Minister noted his expectation that the revisions to the Plan be approved by the Authority no later than February 29, 2020.

As part of its assessment process, the Authority consulted on the proposed Residual Funds Addendum from January 20, 2020 until January 31, 2020. The Authority approved the addendum on February 20, 2020.