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Fact Sheet

June 2003

WASTE DIVERSION ACT -
WASTE DIVERSION ONTARIO

The mandate of Waste Diversion Ontario (WDO) is to develop, implement and operate waste diversion programs. WDO was created as a permanent, non-government corporation by the Waste Diversion Act, 2002 (Bill 90), when it received Royal Assent on June 27, 2002.

WDO is a partnership made up of industry, municipal, non-governmental representatives and the Ministry of the Environment. WDO is operated by a board of directors whose membership consists of:

• three voting members from Corporations Supporting Recycling (CSR);
• four voting members appointed by the Association of Municipalities of Ontario;
• one voting member from the Brewers of Ontario;
• one voting member, appointed jointly by the Canadian Consumer Specialty Product Association (formerly Canadian Manufacturers of Chemical Specialties Association) and the Canadian Paint and Coatings Association;
• one voting member from the Canadian Newspaper Association;
• one voting member from the Liquor Control Board of Ontario;
• one voting member from the Retail Council of Canada; and
• three members appointed by the minister – one non-voting public servant, and two not employed in the public service, one of whom is a voting member.

Board members, including the chair, receive no remuneration for their participation. An operating agreement between the Minister of the Environment and WDO provides the authority to revise the structure of the board where appropriate, for example, to add board members when new programs are developed.

The Waste Diversion Act provides the legislative framework under which all participants in the process must operate. The Act details the set-up, responsibilities and reporting requirements of WDO, and ministry enforcement provisions and penalties for non-compliance.

The Waste Diversion Act allows the Minister of the Environment to make regulations designating materials for which programs may be required.

For each waste diversion program, WDO must create a sustainable funding method, based on fees paid by designated industry stewards. An industry funding organization (IFO), set up for each program, helps WDO with this part of the process.

After the Minister designates a waste material, the Minister can formally request WDO to develop a diversion program for that waste. WDO then establishes a new IFO, or works with an existing IFO, to jointly develop the program. Each program proposal will include rules for industry fees to be charged, estimated costs for the program, waste diversion targets and implementation details. As part of the development process, WDO must consult the public, and anyone that might be affected by a program.

The Minister must approve a waste diversion program proposal made by WDO before the program can be implemented. Once the Minister informs WDO that a program is approved, it must be implemented by WDO and the IFO.