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Waste Diversion Transition Act, 2016

ONTARIO REGULATION 390/16

USED TIRES

Historical version for the period November 24, 2016 to November 29, 2016.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on November 30, 2016, the day clause 73 (1) (b) of Schedule 2 to the Waste-Free Ontario Act, 2016 comes into force.

Last amendment: O. Reg. 390/16.

This is the English version of a bilingual regulation.

CONTENTS

General

1.

Interpretation

2.

Designation

Corporate Matters

3.

Board

4.

Qualifications

5.

Application of Corporations Act

Fees to be Paid by Stewards

6.

Fees

7.

Transition, fees

8.

Reconciliation of fees for calendar year

9.

Transition, reconciliation

 

General

Interpretation

1. In this Regulation,

“OTS Tire Classification” means, in respect of a calendar year, the most recent document entitled “OTS Tire Classification” that is prepared by Ontario Tire Stewardship and that is made available on the website of Ontario Tire Stewardship on or before December 1 in the preceding calendar year; (“classement officiel des pneus”)

“steward” means a person designated as a steward in respect of used tires under a rule continued under clause 9 (2) (b) of the Act or made under clause 33 (1) (a) of the Act or under a regulation made under subsection 73 (3) of the Act; (“responsable de la gérance”)

“used tires” means waste that consists of any of the following materials, or any combination of them:

(a) tires that have not been refurbished for road use,

(b) tires that, for any reason, are not suitable for their intended purpose, or

(c) part of a tire described in clause (a) or (b). (“pneus usagés”)

Designation

2. Used tires are prescribed as a designated waste for the purposes of the Act.

Corporate Matters

Board

3. (1) The board of directors of Ontario Tire Stewardship shall be composed of nine members appointed as follows:

1. Three members appointed by the Tire and Rubber Association of Canada.

2. Two members appointed by the Retail Council of Canada.

3. Two members appointed by the Ontario Tire Dealers Association.

4. One member appointed by the Canadian Vehicle Manufacturers’ Association.

5. One member appointed by the Global Automakers of Canada.

(2) A member of the board appointed under subsection (1) shall hold office for a term of one year beginning on the date the appointment is made.

(3) Members of the board are eligible for reappointment, subject to section 4.

(4) 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.

(5) If a vacancy on the board that exists on the day this section comes into force is not filled within 30 days after this section comes into force, the chair of Ontario Tire Stewardship may, after providing 30 days notice to the relevant appointing corporation, appoint an individual to fill the vacancy until the earlier of,

(a) the day a member is appointed by the relevant appointing corporation; and

(b) the day that is one year after the date the chair makes the appointment.

(6) Subsection (5) applies in respect of any vacancy on the board that exists on the day this section comes into force regardless of how the vacancy was created, including any vacancy on the board that may be filled by a relevant appointing corporation mentioned in subsection (1) or that could have been filled by such a corporation under Ontario Regulation 84/03 (Used Tires) made under the Waste Diversion Act, 2002 or the predecessor of such a corporation.

(7) The chair’s power to appoint an individual under subsection (5) does not include the power to make reappointments or to make further appointments in the case of further vacancies on the board.

(8) Either the Canadian Vehicle Manufacturers’ Association or the Global Automakers of Canada may appoint an individual to replace a member of the board appointed by the chair under subsection 5 (2) of Ontario Regulation 84/03 made under the Waste Diversion Act, 2002, as it read immediately before its revocation.

(9) The term of a member of the board appointed as a replacement as described in subsection (8) expires on the earliest of,

(a) the day a member is appointed by the relevant appointing corporation;

(b) the day that is one year after the day this section comes into force; and

(c) the day set out in the member’s appointment.

(10) Ontario Tire Stewardship shall maintain on its website a list of members of its board along with an indication of who appointed each member and when each member’s term expires.

Qualifications

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 a corporation that supplies new tires in Ontario or of a corporation referred to in section 3; 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 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 Tire 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. 390/16, s. 10)

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 Tire Stewardship. O. Reg. 390/16, s. 10.

Fees to be Paid by Stewards

Fees

6. (1) In this section,

“base fee period” means the period that begins on May 1 and ends on the following April 30; (“période des droits de base”)

“cost reference period” means, in respect of a base fee period, the calendar year preceding the calendar year in which the base fee period begins; (“période de référence pour les coûts”)

“tire class” means, in respect of a base fee period, a class of tire set out in the OTS Tire Classification in respect of the calendar year in which the base fee period begins; (“catégorie de pneu”)

(2) This section applies on and after May 1, 2017.

(3) The amount of a fee that must be paid in respect of each month during a base fee period by a steward shall be determined by applying the method set out in this section.

(4) Ontario Tire Stewardship shall,

(a) determine the cost attributable to each tire class in respect of the base fee 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 cost reference period, and

(ii) determining, subject to subsection (5), the portion of that sum that is attributable to each tire class; and

(b) determine the cost attributable to a tire in each tire class in respect of the base fee period by,

(i) assigning each tire supplied by stewards during the cost reference 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).

(5) For the purposes of subclause (4) (a) (ii), if the tire classes in respect of the base fee period have changed from the previous base fee period, Ontario Tire Stewardship shall determine the portion of the sum determined under subclause (4) (a) (i) that would have been attributable to each tire class, had the tire classes in respect of the base fee period been the applicable tire classes during the cost reference period.

(6) At least 60 days before a base fee period begins, Ontario Tire Stewardship shall provide written notice to each steward of,

(a) the cost attributable to each tire class under clause (4) (a);

(b) the number of tires assigned to each tire class under subclause (4) (b) (i); and

(c) the cost attributable to a tire in each tire class under clause (4) (b).

(7) A steward shall determine the amount of the fee the steward is required to pay in respect of a month by,

(a) assigning each tire supplied by the steward during the month to a tire class in respect of the base fee period if the tire meets the criteria of the tire class;

(b) multiplying the cost attributable to a tire in each tire class, as determined under clause (4) (b), by the number of tires assigned to the tire class under clause (a); and

(c) determining the sum of all amounts determined under clause (b).

(8) Unless a rule continued under clause 9 (2) (b) of the Act or made under clause 33 (1) (c) of the Act specifies the times when a fee determined under this section is payable, the fee shall be paid no later than 60 days following the end of the month in respect of which the fee must be paid.

Transition, fees

7. Section 8 of Ontario Regulation 84/03 (Used Tires), made under the Waste Diversion Act, 2002, as it read immediately before its revocation, continues to apply as if it had not been revoked to stewards and Ontario Tire Stewardship on and after the day this section comes into force until April 30, 2017, with the following modifications:

1. The reference in subclause 8 (3) (a) (i) of Ontario Regulation 84/03 to paragraph 1 of subsection 30 (3) of the Waste Diversion Act, 2002 shall be read as a reference to paragraph 1 of subsection 33 (5) of the Waste Diversion Transition Act, 2016.

2. The reference in subsection 8 (7) of Ontario Regulation 84/03 to rules made under clause 30 (1) (c) of the Waste Diversion Act, 2002 shall be read as a reference to rules continued under clause 9 (2) (b) of the Waste Diversion Transition Act, 2016 or made under clause 33 (1) (c) of the Waste Diversion Transition Act, 2016.

Note: On July 1, 2017, section 7 of this Regulation is revoked. (See: O. Reg. 390/16, s. 11 (1))

Reconciliation of fees for calendar year

8. (1) In this section,

“tire class” means, in respect of a calendar year, a class of tire set out in the OTS Tire Classification in respect of that year.

(2) The amount of a fee that must be paid in respect of each calendar year by a steward shall be determined by applying the method set out in this section.

(3) Ontario Tire Stewardship shall,

(a) determine the cost attributable to each tire class in respect of the calendar year 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 calendar year, 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 calendar year by,

(i) assigning each tire supplied by stewards during the calendar year 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 a calendar year by,

(i) assigning each tire supplied by the steward during the calendar year to a tire class in respect of the calendar year 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 calendar year 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 calendar year, 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 calendar year.

(4) If the amount arrived at under subclause (3) (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.

(5) Ontario Tire Stewardship shall, no later than May 1 in the year following the calendar year in respect of which the fee is required to be paid, provide written notice of the following to the steward:

1. The cost attributable to each tire class under clause (3) (a).

2. The number of tires supplied by the steward that were assigned to each tire class under subclause (3) (c) (i).

3. The amount required to be paid by the steward in respect of each tire class, as determined under subclause (3) (c) (ii).

4. The sum determined under subclause (3) (c) (iii).

5. The portion of the amount of fees determined under subclause (3) (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 calendar year, as arrived at under subclause (3) (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.

(6) A fee required to be paid by a steward in respect of a calendar year, as determined under clause (3) (c), shall be paid no later than June 30 in the year following the calendar year in respect of which the fee is required to be paid.

(7) If an amount is owed to a steward under subsection (4), Ontario Tire Stewardship shall,

(a) subject to clause (b),

(i) apply the amount as a credit against fees payable by the steward under the Act in respect of used tires no later than June 15 in the year that is two years following the calendar year in respect of which the amount was determined, and

(ii) pay any amount not applied as a credit under subclause (i) to the steward no later than June 30 in the year that is two years following the calendar year in respect of which the amount was determined; and

(b) if the steward ceases to be designated as a steward at any time before June 30 in the year that is two years following the calendar year in respect of which the amount was determined, 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) June 30 in the year that is two years following the calendar year in respect of which the amount was determined.

Transition, reconciliation

9. (1) This section applies with respect to the written notice Ontario Tire Stewardship is required to provide under subsection 8 (5) in 2017.

(2) The sum of the following amounts shall be used for the purposes of the determination required to be made under clause 8 (3) (a) in respect of 2016:

1. The sum of the amounts described in paragraph 1 of subsection 30 (3) of the Waste Diversion Act, 2002 that were incurred in relation to used tires during 2016.

2. The sum of the amounts described in paragraph 1 of subsection 33 (5) of the Waste Diversion Transition Act, 2016 that were incurred in relation to used tires during 2016.

Note: On July 1, 2018, section 9 of this Regulation is revoked. (See: O. Reg. 390/16, s. 11 (2))

10., 11. Omitted (provides for amendments to this Regulation).

12. Omitted (provides for coming into force of provisions of this Regulation).