O. Reg. 389/16: WASTE ELECTRICAL AND ELECTRONIC EQUIPMENTSkip to content
Waste Diversion Transition Act, 2016
ONTARIO REGULATION 389/16
WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
Consolidation Period: From November 30, 2016 to the e-Laws currency date.
Last amendment: O. Reg. 389/16.
This is the English version of a bilingual regulation.
1. In this Regulation,
“waste electrical and electronic equipment” means a device that is waste, that required an electric current to operate and that is,
(a) a household appliance, whether used inside or outside a home, including any device listed in Schedule 1,
(b) information technology equipment, including any device listed in Schedule 2,
(c) telecommunications equipment, including any device listed in Schedule 3,
(d) audio-visual equipment, including any device listed in Schedule 4,
(e) a toy, leisure equipment or sports equipment, including any device listed in Schedule 5,
(f) an electrical or electronic tool, including any device listed in Schedule 6, but not including a large-scale stationary industrial tool, or
(g) a navigational, measuring, monitoring, medical or control instrument, including any device listed in Schedule 7, but not including any implanted or infected medical instrument.
2. Waste electrical and electronic equipment is prescribed as a designated waste for the purposes of the Act.
3. (1) The board of Ontario Electronic Stewardship shall be composed of the following members:
1. Four members appointed by the Electronics Product Stewardship Canada.
2. Three members appointed by the Retail Council of Canada.
3. One member appointed jointly by the Electronics Product Stewardship Canada and the Retail Council of Canada.
4. Any members appointed under subsection (2).
(2) A majority of the members appointed under paragraphs 1 to 3 of subsection (1) may appoint up to two further members of the board.
(3) A maximum of two members of the board of directors may be persons who are not Canadian citizens or permanent residents within the meaning of the Immigration and Refugee Protection Act (Canada) and who are not ordinarily resident in Canada.
(4) The following rules apply for the purpose of determining quorum under section 19 of the Act:
1. If no members are appointed under subsection (2), quorum is determined on the basis that the fully constituted board consists of 8 members.
2. If one member is appointed under subsection (2), quorum is determined on the basis that the fully constituted board consists of 9 members.
3. If two members are appointed under subsection (2), quorum is determined on the basis that the fully constituted board consists of 10 members.
(5) A member of the board appointed under subsection (1) or (2) shall hold office for a term of no more than two years beginning on the date the appointment is made.
(6) Members of the board are eligible for reappointment, subject to section 4.
(7) If the Electronics Product Stewardship Canada and the Retail Council of Canada do not jointly appoint a board member described in paragraph 3 of subsection (1) within 30 days after the position becomes vacant, the chair of Ontario Electronic Stewardship may, after providing 30 days notice to the two organizations, appoint an individual to fill the vacancy until the earlier of,
(a) the day a member is jointly appointed by the organizations; and
(b) the day that is two years after the date the chair makes the appointment.
(8) The term of a member of the board of directors appointed by the chief executive officer of Ontario Electronic Stewardship under subsection 5 (2) of Ontario Regulation 393/04 (Waste Electrical and Electronic Equipment) made under the Waste Diversion Act, 2002 expires on the earlier of,
(a) the day a member is jointly appointed by the Electronics Product Stewardship Canada and the Retail Council of Canada to replace the member appointed by the chief executive officer; and
(b) the day that is two years after the date the chief executive officer made the appointment.
(9) Ontario Electronic Stewardship shall maintain on its website a list of members of its board of directors along with an indication of who appointed each member and when each member’s term expires.
4. (1) An individual may be appointed as a member of the board of directors only if the individual,
(a) is a director, officer or employee of,
(i) a corporation that supplies a product from which waste electrical and electronic equipment is derived, or
(ii) an organization or industry association representing a corporation mentioned in subclause (i); and
(b) is at least 18 years of age.
(2) Despite subsection (1), an individual shall not be appointed as a member of the board of directors if the individual,
(a) has the status of bankrupt; or
(b) has been found, under the Substitute Decisions Act, 1992 or the Mental Health Act, to be incapable of managing property.
Application of Corporations Act
5. Subsections 59 (1) and (2), section 80 and subsection 283 (5) of the Corporations Act apply, with necessary modifications, to Ontario Electronic Stewardship.
Note: On the day subsection 77 (1) of Schedule 2 to the Waste-Free Ontario Act, 2016 comes into force, section 5 of this Regulation is revoked and the following substituted: (See: O. Reg. 389/16, s. 6)
Application of Not-for-Profit Corporations Act, 2010
5. Sections 46 and 85 of the Not-for-Profit Corporations Act, 2010 apply, with necessary modifications, to Ontario Electronic Stewardship. O. Reg. 389/16, s. 6.
6. Omitted (provides for amendments to this Regulation).
7. Omitted (provides for coming into force of provisions of this Regulation).
1. Air purifier
2. Air conditioner
3. Answering machine
4. Barbeque starter
6. Bottle or can dispenser
7. Can opener
8. Carpet sweeper
10. Clothes dryer
11. Clothes washer
12. Coffee grinder
13. Coffee maker
14. Curling iron
16. Dishwashing machine
17. Electric hot plate
19. Food processor
22. Glue gun
23. Hair dryer
24. Heat gun
26. Hot drink dispenser
30. Knitting machine
31. Microwave oven
37. Sewing machine
38. Slicing machine
39. Solid product dispenser
42. Toaster oven
44. Vacuum cleaner
45. Vacuum sealer
47. Water purifier
48. Weaving machine
49. Weigh scale
INFORMATION TECHNOLOGY EQUIPMENT
1. Analog computer
2. Automatic teller machine (ATM)
3. Bar code scanner
5. CD-ROM drive
6. Computer disk drive
7. Computer keyboard
8. Computer mouse
9. Computer terminal
12. Mainframe computer
15. Monitor (CRT)
16. Monitor (LCD)
17. Monitor (Plasma)
18. Personal computer (Desktop)
19. Personal computer (Handheld)
20. Personal computer (Laptop)
21. Personal computer (Notebook)
22. Personal computer (Notepad)
23. Personal digital assistant (PDA)
24. Point-of-sale (POS) terminal
26. Computer router
27. Computer flatbed scanner
1. Antenna, transmitting or receiving
2. Broadcast equipment (including studio), for radio or television
3. Cable television transmitting or receiving equipment
4. Citizens’ band (CB) radio
5. Closed circuit television equipment
6. Fax machine
7. Global positioning system (GPS)
8. Infrared wireless device
9. Intercom system
10. Local area network (LAN) communication equipment
13. PBX (private branch exchange)
14. Satellite television transmitting or receiving equipment
15. Switching equipment
16. Telephone (Cellular)
17. Telephone (Cordless)
18. Telephone (Wire line)
19. Telephone answering machine
20. Telephone carrier line equipment
21. Telephone carrier switching equipment
22. Telex machine
23. Traffic signal
24. Wide area network communications equipment
2. Audio player (tape, disk, digital)
3. Audio recorder (tape, disk, digital)
4. Camera (film, tape, disk, digital)
8. Mixing board
9. Musical instrument
11. Public address system
15. Television (CRT)
16. Television (LCD)
17. Television (Plasma)
18. Television (Rear projection)
21. Video player or projector (tape, disk, digital)
22. Video recorder (tape, disk, digital)
TOYS, LEISURE EQUIPMENT AND SPORTS EQUIPMENT
1. Action figure and accessories
2. Arts, crafts or hobby device
3. Building set
5. Game or puzzle
6. Infant or preschool toy
7. Learning or exploration toy
8. Outdoor or sports toy
9. Plush toy
11. Video game and accessories
ELECTRICAL AND ELECTRONIC TOOLS
12. Lawn mower
14. Nail gun
25. Soldering gun
28. Staple gun
NAVIGATIONAL, MEASURING, MONITORING,
MEDICAL OR CONTROL INSTRUMENTS
1. Alarm system
3. Automatic environmental controller or regulator
4. Cardiology equipment
5. Dialysis equipment
6. Drafting instrument
7. Fertilization tester
8. Fire detection and alarm system
10. Hearing aid
11. Heating regulator
13. Instrument for industrial process control
14. Irradiation equipment
15. Laboratory analytical instrument
16. Laboratory equipment for in-vitro diagnosis
17. Medical equipment, ultrasonic
18. Medical radiation therapy equipment
19. Meteorological instrument
21. Nuclear medicine equipment
23. Process controller
24. Pulmonary ventilator
25. Radiation detection or monitoring instrument
26. Radiotherapy equipment
28. Scanner (CT/CAT)
29. Scanner (MRI)
30. Scanner (PET)
31. Smoke detector
32. Soil testing or analysis instrument
33. Surgical support system
34. Surveying instrument
35. Temperature instrument