O. Reg. 273/02: BLUE BOX WASTE

Waste Diversion Act, 2002
Loi de 2002 sur le réacheminement des déchets

ONTARIO REGULATION 273/02

BLUE BOX WASTE

Historical version for the period June 9, 2006 to February 20, 2008.

Last amendment: O. Reg. 255/06.

This Regulation is made in English only.

Blue box waste materials

1. Waste that consists of any of the following materials, or any combination of them, is prescribed as blue box waste for the purposes of the Act:

1. Glass.

2. Metal.

3. Paper.

4. Plastic.

5. Textiles. O. Reg. 273/02, s. 1.

Industry funding organization

2. (1) The corporation named Stewardship Ontario is continued and is designated as the industry funding organization for the waste diversion program for blue box waste approved by the Minister under section 26 of the Act. O. Reg. 451/03, s. 1.

(2) Stewardship Ontario is composed of the members of its board of directors. O. Reg. 451/03, s. 1.

(3) The board of directors shall be composed of the chief executive officer of Stewardship Ontario and 14 individuals elected or appointed as members of the board in accordance with this section. O. Reg. 255/06, s. 1.

(4) An election shall be conducted for the purpose of this section at the 2006 annual meeting of Stewardship Ontario and at every annual meeting thereafter. O. Reg. 255/06, s. 1.

(5) The election conducted under subsection (4) at the 2006 annual meeting shall elect 14 members of the board of directors. O. Reg. 255/06, s. 1.

(6) An individual elected as a member of the board of directors at the 2006 annual meeting shall hold office,

(a) until the election held at the 2007 annual meeting, if the individual held office as a member of the board immediately before this subsection came into force; or

(b) until the election held at the 2008 annual meeting, if the individual did not hold office as a member of the board immediately before this subsection came into force. O. Reg. 255/06, s. 1.

(7) An election conducted under subsection (4) at the annual meeting in an odd-numbered year after 2006 shall elect as members of the board of directors a number of individuals equal to the number of individuals who were elected as members of the board of directors at the 2006 annual meeting and who held office as members of the board immediately before subsection (6) came into force. O. Reg. 255/06, s. 1.

(8) An election conducted under subsection (4) at the annual meeting in an even-numbered year after 2006 shall elect as members of the board of directors a number of individuals equal to the number of individuals who were elected as members of the board of directors at the 2006 annual meeting and who did not hold office as members of the board immediately before subsection (6) came into force. O. Reg. 255/06, s. 1.

(9) An individual elected as a member of the board of directors at the annual meeting in a year after 2006 shall hold office until the election held at the second annual meeting thereafter. O. Reg. 255/06, s. 1.

(10) An individual is entitled to be a candidate in an election conducted under this section if he or she,

(a) is a resident of Ontario;

(b) is at least 18 years of age; and

(c) is nominated as a candidate by,

(i) a person who is designated as a steward by the rules made by Stewardship Ontario under section 30 of the Act and who is not in default of payment of fees payable to Stewardship Ontario under section 31 of the Act, or

(ii) the board of directors. O. Reg. 255/06, s. 1.

(11) Despite subsection (10), an individual is not entitled to be a candidate if he or she is a bankrupt or has been found by a court to be mentally incapable of managing property. O. Reg. 255/06, s. 1.

(12) The following persons are entitled to vote in an election conducted under this section:

1. Every person who is designated as a steward by the rules made by Stewardship Ontario under section 30 of the Act and who is not in default of payment of fees payable to Stewardship Ontario under section 31 of the Act.

2. Every person who is not designated as a steward by the rules made by Stewardship Ontario under section 30 of the Act but has paid fees to Stewardship Ontario under its by-laws. O. Reg. 255/06, s. 1.

(13) Each person who is entitled to vote in an election conducted under this section is entitled to cast a number of votes equal to the dollar amount of fees referred to under paragraph 1 or 2 of subsection (12) that the person paid to Stewardship Ontario in the most recently completed fiscal year, rounded to the nearest dollar. O. Reg. 255/06, s. 1.

(14) An individual elected as a member of the board of directors at an election conducted under subsection (4) whose term of office expires under subsection (6) or (9) is entitled, subject to subsections (10) and (11), to be a candidate in a subsequent election. O. Reg. 255/06, s. 1.

(15) An individual elected as a member of the board of directors at an election conducted under subsection (4) may resign his or her office by delivering a written letter of resignation to the secretary of Stewardship Ontario. O. Reg. 255/06, s. 1.

(16) An individual elected as a member of the board of directors at an election conducted under subsection (4) ceases to hold office if he or she becomes a bankrupt or is found by a court to be mentally incapable of managing property. O. Reg. 255/06, s. 1.

(17) An individual elected as a member of the board of directors at an election conducted under subsection (4) may be removed from office by a resolution passed by at least two-thirds of the votes cast at a meeting at which every person referred to in subsection (12) is entitled to cast a number of votes equal to the dollar amount of fees referred to under paragraph 1 or 2 of that subsection that the person paid to Stewardship Ontario in the most recently completed fiscal year, rounded to the nearest dollar. O. Reg. 255/06, s. 1.

(18) If, pursuant to subsection (17), a vacancy occurs among the members of the board of directors, the vacancy may be filled by electing an individual at an election conducted in accordance with subsections (10) to (13). O. Reg. 255/06, s. 1.

(19) If a vacancy occurs among the members of the board of directors elected at an election conducted under subsection (4) and subsection (18) does not apply, the board may appoint, as a member of the board to fill the vacancy, any individual who would be entitled to be a candidate at an election conducted under subsection (4) if nominated in accordance with clause (10) (c). O. Reg. 255/06, s. 1.

(20) An individual who becomes a member of the board of directors under subsection (18) or (19) shall hold office until the election at which the term of office of the member he or she replaced would have expired under subsection (6) or (9). O. Reg. 255/06, s. 1.

(21) Subsections (13) to (20) and this subsection apply, with necessary modifications, to an individual who fills a vacancy under subsection (18) or (19). O. Reg. 255/06, s. 1.

(22) Each member of the board of directors, other than the chief executive officer of Stewardship Ontario, may appoint an alternate who, in his or her absence, may participate in board meetings and vote on matters before the board. O. Reg. 255/06, s. 1.

(23) Despite subsection (3),

(a) the members of the board of directors who hold office immediately before this subsection comes into force, other than the chief executive officer of Stewardship Ontario, continue to hold office, subject to the other provisions of this section, until the first election is conducted under subsection (4); and

(b) the person who holds office as the chief executive officer of Stewardship Ontario immediately before this subsection comes into force, continues to hold office as a member of the board of directors as long as he or she holds the office of chief executive officer. O. Reg. 255/06, s. 1.