O. Reg. 559/24: ADMINISTRATIVE PENALTIES, Filed December 19, 2024 under Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1

ontario regulation 559/24

made under the

Resource Recovery and Circular Economy Act, 2016

Made: December 12, 2024
Filed: December 19, 2024
Published on e-Laws: December 19, 2024
Published in The Ontario Gazette: January 4, 2025

Amending O. Reg. 558/22

(ADMINISTRATIVE PENALTIES)

1. (1) Part IV of Ontario Regulation 558/22 is revoked and the following substituted:

PART IV
TRANSITION

Transition

12. Despite the amendments made to this Regulation by Ontario Regulation 559/24 and despite the amendments made to a regulation made under the Act set out in Column 1 of the Table to this section by a regulation set out opposite that regulation in Column 2 of the Table,

(a) an order may be issued on or after January 1, 2025 in respect of a contravention of a provision set out in Column 1 of the Tables to Schedules 1 and 2 as they read on December 31, 2024 if the contravention occurred on or before that day; and

(b) the regulations in Column 1 as they read on December 31, 2024 continue to apply in respect of a contravention that occurred on or before that day.

TABLE

Item

Column 1
Regulation

Column 2
Amending Regulation

1.

Ontario Regulation 225/18 (Tires)

Ontario Regulation 555/24

2.

Ontario Regulation 30/20 (Batteries)

Ontario Regulation 556/24

3.

Ontario Regulation 522/20 (Electrical and Electronic Equipment)

Ontario Regulation 557/24

4.

Ontario Regulation 449/21 (Hazardous and Special Products)

Ontario Regulation 558/24

 

(2) Section 12 of the Regulation, as remade by subsection (1), is amended by adding the following subsection:

(2) Despite the revocation of Item 3 of Table 4 to Schedule 2 and despite the revocation of section 19 of Ontario Regulation 522/20 made under the Act,

(a) an order may be issued on or after July 1, 2025 in respect of a contravention of section 19 of Ontario Regulation 522/20 as it read on June 30, 2025 if the contravention occurred on or before that day; and

(b) section 19 of Ontario Regulation 522/20 as it read on June 30, 2025 continues to apply in respect of a contravention that occurred on or before that day.

2. Table 2 to Schedule 1 to the Regulation is revoked and the following substituted:

Table 2
non-continuing Contraventions of Ontario Regulation 225/18 (Tires)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Base Penalty Amount for Corporations

Column 4
Maximum Base Penalty Amount for Individuals

1.

Subsection 3.1 (1), in respect of the requirement under clause 11 (2) (a)

Failure to satisfy the requirement set out in clause 11 (2) (a)

$200,000

$40,000

2.

Subsection 3.1 (1), in respect of the requirement under clause 12 (3) (a)

Failure to satisfy the requirement set out in clause 12 (3) (a)

$200,000

$40,000

3.

Subsection 11 (1), in respect of requirements under subsections 11 (2) to (5)

Failure to establish and operate a system for managing collected tires in accordance with the requirements set out in subsections 11 (1) to (5)

$200,000

$40,000

4.

Subsection 11 (1), in respect of the requirement under subsection 11 (6)

Failure to ensure that specified activities under subsection 11 (3) are undertaken with respect to tires as required under subsection 11 (6)

$2,500

$500

5.

Subsection 12 (2), in respect of the requirements under subsections 12 (3) to (6)

Failure to establish and operate a system for managing collected tires in accordance with the requirements set out in subsections 12 (1) to (6)

$200,000

$40,000

6.

Subsection 12 (2) in respect of the requirement under subsection 12 (8)

Failure to ensure that specified activities under subsection 12 (4) are undertaken with respect to tires as required under subsection 12 (8)

$2,500

$500

7.

Subsection 12 (2) in respect of the requirement under subsection 12 (9)

Failure to ensure that specified amount of tires is attributable to large tires as required under subsection 12 (9)

$2,500

$500

8.

Section 25

Failure to keep records

$120,000

$24,000

 

3. (1) Item 1 of Table 2 to Schedule 2 to the Regulation is amended by striking out “10” in Columns 1 and 2 and substituting “10.1”.

(2) Items 9 and 13 of Table 2 to Schedule 2 to the Regulation are revoked.

(3) Item 3 of Table 3 to Schedule 2 to the Regulation is revoked.

(4) Table 3 to Schedule 2 to the Regulation is amended by adding the following item:

 

11.1

Section 21.1

Failure to ensure information is verified in accordance with any requirements set out in the Verification and Audit Procedure

$4,000

$800

$120,000

$24,000

 

(5) Table 3 to Schedule 2 to the Regulation is amended by adding the following item:

 

16.1

Section 28.1

Failure to ensure information is verified in accordance with any requirements set out in the Verification and Audit Procedure

$4,000

$800

$120,000

$24,000

 

(6) Item 3 of Table 4 to Schedule 2 to the Regulation is revoked.

(7) Item 7 of Table 4 to Schedule 2 to the Regulation is revoked.

(8) Table 4 to Schedule 2 to the Regulation is amended by adding the following item:

 

12.1

Section 22.1

Failure to ensure information is verified in accordance with any requirements set out in the EEE Verification and Audit Procedure

$4,000

$800

$120,000

$24,000

 

(9) Items 13, 14 and 15 of Table 4 to Schedule 2 to the Regulation are revoked.

(10) Table 4 to Schedule 2 to the Regulation is amended by adding the following item:

 

20.1

Section 29.1

Failure to ensure information is verified in accordance with any requirements set out in the EEE Verification and Audit Procedure

$4,000

$800

$120,000

$24,000

 

(11) Items 1 and 2 of Table 6 to Schedule 2 to the Regulation are revoked and the following substituted:

 

1.

Subsection 7 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

2.

Subsection 7 (2)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

 

(12) Items 17 and 22 of Table 6 to Schedule 2 to the Regulation are revoked.

Commencement

4. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Subsection 1 (1), section 2 and subsections 3 (1) to (5) and (7) to (12) come into force on the later of January 1, 2025 and the day this Regulation is filed.

(3) Subsections 1 (2) and 3 (6) come into force on the later of July 1, 2025 and the day this Regulation is filed.