O. Reg. 214/17: USED TIRES
filed June 29, 2017 under Waste Diversion Transition Act, 2016, S.O. 2016, c. 12, Sched. 2
Skip to contentontario regulation 214/17
made under the
Waste Diversion Transition Act, 2016
Made: June 28, 2017
Filed: June 29, 2017
Published on e-Laws: June 29, 2017
Printed in The Ontario Gazette: July 15, 2017
Amending O. Reg. 390/16
(USED TIRES)
1. (1) Section 1 of Ontario Regulation 390/16 is amended by adding the following definition:
“approval day” means the day on which the Authority approves the wind up plan for the waste diversion program for used tires under subsection 14 (15) of the Act; (“jour de l’approbation”)
(2) The definition of “OTS Tire Classification” in section 1 of the Regulation is revoked and the following substituted:
“OTS Tire Classification” means the document entitled “OTS Tire Classification” dated April 2013 and published on Ontario Tire Stewardship’s website; (“classement officiel des pneus”)
(3) Section 1 of the Regulation is amended by adding the following definition:
“tire class” means a class of tire set out in the OTS Tire Classification; (“catégorie de pneu”)
2. Subsections 3 (8) and (9) of the Regulation are revoked.
3. (1) The definition of “base fee period” in subsection 6 (1) of the Regulation is revoked and the following substituted:
“base fee period” means the period that begins on May 1, 2017 and ends on the day specified as the base fee period end day in a rule made on or after approval day by Ontario Tire Stewardship under subsection 33 (1) of the Act; (“période des droits de base”)
(2) The definition of “cost reference period” in subsection 6 (1) of the Regulation is revoked.
(3) The definition of “tire class” in subsection 6 (1) of the Regulation is revoked.
(4) Subsection 6 (2) of the Regulation is revoked.
(5) Subsection 6 (3) of the Regulation is amended by striking out “during a base fee period” and substituting “during the base fee period”.
(6) Subsections 6 (4) to (6) of the Regulation are revoked.
(7) Clause 6 (7) (b) of the Regulation is revoked and the following substituted:
(b) multiplying the number of tires assigned to each class under clause (a) by the cost attributable to a tire in that class, as determined by Ontario Tire Stewardship for the purposes of the base fee period and as set out in the letter dated March 1, 2017 and available on Ontario Tire Stewardship’s website under the link entitled “TSF Notification to Stewards - March 2017”; and
4. Subsection 8 (2) of the Regulation is amended by adding “before 2017” after “calendar year”.
5. Section 9 of the Regulation is revoked and the following substituted:
Reconciliation of fees, first half of 2017
9. (1) In this section,
“applicable period” means the period beginning on January 1, 2017 and ending on June 30, 2017.
(2) Despite section 8, this section applies with respect to the fees that were required to be paid in respect of each month during the applicable period.
(3) The amount of a fee that must be paid in respect of the applicable period by a steward shall be determined by applying the method set out in this section.
(4) Ontario Tire Stewardship shall, no later than May 1, 2018,
(a) determine the cost attributable to each tire class in respect of the applicable period by,
(i) determining the sum of the amounts described in paragraph 1 of subsection 33 (5) of the Act that were incurred in relation to used tires during the applicable period, and
(ii) attributing a portion of that sum to each tire class;
(b) determine the cost attributable to a tire in each tire class in respect of the applicable period by,
(i) assigning each tire supplied by stewards during the applicable period to a tire class if the tire meets the criteria of the tire class, and
(ii) dividing the cost attributable to a tire class, as determined under clause (a), by the number of tires assigned to that tire class under subclause (i); and
(c) determine the amount of the fee required to be paid by a steward in respect of the applicable period by,
(i) assigning each tire supplied by the steward during the applicable period to a tire class if the tire meets the criteria of the tire class,
(ii) multiplying the cost attributable to a tire in each tire class, as determined under clause (b), by the number of tires assigned to the tire class under subclause (i),
(iii) determining the sum of all amounts determined under subclause (ii),
(iv) determining the amount of fees required to be paid under section 6 in respect of the applicable period and any other fees that were required to be paid by the steward under the Act in respect of used tires and in respect of the applicable period, and
(v) subtracting the amount determined under subclause (iv) from the sum determined under subclause (iii), in order to arrive at the amount of the fee required to be paid under this section by the steward in respect of the applicable period.
(5) If the amount arrived at under subclause (4) (c) (v) is less than zero, that amount is owed to the steward by Ontario Tire Stewardship and no fee is required to be paid by the steward under this section.
(6) Ontario Tire Stewardship shall provide written notice of the following to the steward:
1. The cost attributable to each tire class under clause (4) (a).
2. The number of tires supplied by the steward that were assigned to each tire class under subclause (4) (c) (i).
3. The amount required to be paid by the steward in respect of each tire class, as determined under subclause (4) (c) (ii).
4. The sum determined under subclause (4) (c) (iii).
5. The portion of the amount of fees determined under subclause (4) (c) (iv) that was required to be paid by the steward in respect of each tire class.
6. The amount of the fee required to be paid under this section by the steward in respect of the applicable period, as arrived at under subclause (4) (c) (v).
7. If the amount set out under paragraph 6 is greater than zero, the date on or before which that amount is required to be paid by the steward.
8. If the amount set out under paragraph 6 is less than zero, the date on or before which that amount is required to be credited or paid to the steward and a statement that no fee is required to be paid by the steward under this section.
(7) The notice required under subsection (6) shall be provided no later than,
(a) May 15, 2018; or
(b) a later deadline that is set out in a rule made by Ontario Tire Stewardship under subsection 33 (1) of the Act with respect to the notice, but only if the rule is made on or after the approval day and before May 15, 2018.
(8) A fee required to be paid by a steward in respect of the applicable period, as determined under clause (4) (c), shall be paid no later than,
(a) December 31, 2018; or
(b) a later deadline that is set out in a rule made by Ontario Tire Stewardship under subsection 33 (1) of the Act with respect to the payment of such a fee, but only if the rule is made on after the approval day and before December 31, 2018.
(9) Subject to subsection (10), if an amount is owed to a steward under subsection (5), Ontario Tire Stewardship shall,
(a) subject to clause (b), either,
(i) apply the amount as a credit against fees payable by the steward under the Act in respect of used tires no later than December 31, 2018, or
(ii) pay any amount not applied as a credit under subclause (i) to the steward no later than December 31, 2018; and
(b) if the steward ceases to be designated as a steward at any time before December 31, 2018, pay the amount to the former steward before the earlier of,
(i) the day that is 90 days after the day the steward ceased to be designated, and
(ii) December 31, 2018.
(10) If a rule made under clause 33 (1) (c) of the Act on or after the approval day specifies the times when an amount that is owed to a steward under subsection (5) must be paid, the times in the rule apply instead of the times set out in subsection (9).
6. The following provisions of the Regulation are revoked:
1. Subsection 11 (2).
2. Subsection 12 (4).
Commencement
7. This Regulation comes into force on the later of July 1, 2017 and the day it is filed.