O. Reg. 305/13: USED TIRES

Link to law: http://www.ontario.ca/laws/regulation/r13305
Published: 2013-11-29

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ONTARIO REGULATION 305/13

made under the

WASTE DIVERSION ACT, 2002

Made: November 27, 2013
Filed: November 29, 2013
Published on e-Laws: November 29, 2013
Printed in The Ontario Gazette: December 14, 2013


Amending O. Reg. 84/03

(USED TIRES)

1. Subsection 1 (2) of Ontario Regulation 84/03 is amended by striking out “in respect of 2013” and substituting “in respect of 2013 and 2014”.

2. Section 8 of the Regulation is amended by adding the following subsection:

(4.1) For the base fee period beginning on May 1, 2014, the following rules apply, despite anything else in this Regulation:

1. After making its determinations under subsection (3), Ontario Tire Stewardship shall compare,

i. the cost attributable to a tire in each tire class, as determined for the base fee period beginning on May 1, 2014, and

ii. the cost attributable to a tire in the same tire class, as determined for the previous base fee period and set out in the document entitled “TSF Tire Categories and Definitions”, dated April 2013 and published on the website of Ontario Tire Stewardship on April 19, 2013.

2. If a cost described in subparagraph 1 ii is equal to or higher than the corresponding one described in subparagraph 1 i, Ontario Tire Stewardship shall provide the written notice described in subsection (5) to each steward with respect to the relevant tire class.

3. A steward who receives notice as described in paragraph 2 shall determine fees for the relevant tire class in respect of a calendar month in accordance with clauses (6) (a) and (b).

4. If a cost described in subparagraph 1 ii is lower than the corresponding one described in subparagraph 1 i, Ontario Tire Stewardship shall provide written notice of that lower cost to each steward with respect to the relevant tire class, instead of the notice described in subsection (5).

5. A steward who receives notice as described in paragraph 4 shall determine fees for the relevant tire class in respect of a calendar month as follows, instead of in accordance with clauses (6) (a) and (b):

i. the steward shall assign each tire that is supplied by the steward during the calendar month and meets the criteria of the relevant tire class to that tire class in respect of the base fee period,

ii. the steward shall multiply the cost attributable to a tire in the relevant tire class (namely, the cost described in subparagraph 1 ii, of which the steward was given notice as described in paragraph 4) by the number of tires assigned to the tire class under subparagraph i.

6. A steward shall determine the sum of all amounts determined under subparagraph 5 ii and all amounts determined under clause (6) (b).

7. The fee required to be paid by a steward in respect of a calendar month is the sum determined under paragraph 6.

8. The fees and other amounts required to be paid by a steward in respect of used tires and in respect of a calendar month shall not include anything other than,

i. the fees determined in accordance with this Regulation, and

ii. any applicable interest or penalties charged in accordance with a rule made under clause 30 (1) (d) of the Act.

Commencement

3. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre de l’environnement,

Jim Bradley

Minister of the Environment

Date made: November 27, 2013.
Pris le : 27 novembre 2013.

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