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Orange Drop Regulations & Plans

The revised MHSW Program Plan describes Stewardship Ontario’s approach, guiding principles and methodologies for the operation of the Orange Drop Program (MHSW).

BACKGROUND

On December 11, 2006, the Minister of the Environment filed Regulation 542/06 under the Waste Diversion Act (WDA) designating Municipal Hazardous or Special Waste (MHSW).

On December 12, 2006, in a Program Request Letter to the Waste Diversion Ontario (WDO) Board of Directors, the Minister of the Environment directed WDO to develop a diversion program for MHSW and stipulated that Stewardship Ontario act as the Industry Funding Organization (IFO) for the MHSW Program.

On December 6, 2007, the MHSW Program Plan for Phase 1 was submitted to the Minister of the Environment.

On February 19, 2008, the Minister approved the Program Plan and the Program commenced on July 1, 2008.

On July 22, 2008, in a Program Request Letter to the WDO Board of Directors, the Minister provided direction on the development of the subsequent phases of the MHSW Program and requested the development of an amended MHSW Program to include all MHSW designated under Phase 2 and Phase 3, in addition to materials currently included in Phase 1.

On September 22, 2009, The Consolidated MHSW Program Plan for Phases 1, 2, and 3 was approved by the Minister and the program commenced on July 1, 2010. The final consolidated Orange Drop (MHSW) Program Plan was presented in two volumes and includes materials from Phase 1, 2 and 3.

On July 21, 2010, the Minister of the Environment filed Regulation 298/10 which suspended the payment of fees on the products that result in Phase 2 and 3 MHSW. The suspension was made permanent by Regulation 396/10 on October 18, 2010.  Stewardship Ontario continued to operate the Orange Drop (MHSW) Program in its entirety at the request of the government until September 30, 2012.

On October 25, 2010, in a Program Request Letter to the WDO Board of Directors, the Minister of the Environment directed WDO to develop a revised MHSW Program that continues to collect and manage Phase 1 wastes but that excludes Phase 2 and 3 wastes.

Early in 2011, as part of the process to develop a revised MHSW Program Plan for the Orange Drop Program, Stewardship Ontario consulted with stewards on revisions to the nine Phase 1 MHSW definitions. (See Steward Engagement).

In March 2011, Stewardship Ontario submitted revised definitions to the WDO as a material change to the MHSW Program Plan for the Orange Drop Program requiring the Minister’s approval. In a letter dated May 31, 2012, the Minister approved the definitions to take effect on October 1, 2012.

On February 9, 2012, the Minister of the Environment filed Regulation 11/12 which amended Regulation 542/06 by adding clauses setting out the manner in which deficit recovery fees and quarterly fees are to be calculated and recovered.

On August 23, 2012, Stewardship Ontario held steward consultations regarding a revised MHSW Program Plan for the Orange Drop Program, for the nine materials now part of the Orange Drop Program (MHSW). Note: As of 2016, there are now five materials associated with the Orange Drop Program (MHSW). As of 2017, there are no two (2) materials associated with MHSW. 

On November 30, 2016, the Waste-Free Ontario Act, 2016 (WFOA) was proclaimed into law. The WFOA replaces the existing Waste Diversion Act and establishes a new Resource Productivity and Recovery Authority (the Authority) which will act as the overseer of new and existing programs.

On April 1, 2017, Automotive Materials Stewardship (AMS) took over management for antifreeze, oil container and oil filters.

PROGRAM PLANS

Stewardship Ontario continues to work with the Authority to finalize the MHSW Program Plan and Program Agreement. The latest draft version of the MHSW Program Plan has been posted here for stakeholders to reference. Stewardship Ontario and Waste Diversion Ontario have agreed to measure the 2013 program performance against this draft version of the MHSW Program Plan.

Consolidated MHSW Program Plan for Phases 1, 2 and 3: July 1, 2010

Volume I: Overview of program design, steward obligations, costs and delivery

Volume II: Material category plans

ONTARIO REGULATIONS

Ontario Regulation 11/12: (February 9, 2012)

Ontario Regulation 387/16: Replaces Ontario Regulation 542/06 but is materially the same as that regulation in that it retains the existing material definitions of the MHSW Program and requires cost recovery fee setting on a quarterly basis.


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