Item - 2020.IE15.4

The Infrastructure and Environment Committee recommends that:

1. City Council approve the City of Toronto transitioning from the current Provincially-mandated Blue Box recycling program to the forthcoming Provincially-mandated Extended Producer Responsibility recycling program during the first of the Province's three proposed transition periods and starting such transition on July 1, 2023.

2. City Council request the Mayor to provide the Ontario Minister of the Environment, Conservation and Parks with a copy of this Council resolution and to indicate in such letter that the City of Toronto prefers to transition its recycling program on July 1, 2023.

3. City Council request the Province of Ontario to share the draft regulation(s) that will enable a full extended producer responsibility recycling program with City of Toronto staff at least 5 business days in advance of broader public consultations, taking into consideration Toronto's unique features including, without limitations, the highest number of multi-residential buildings, the dense urban centre, and the largest Blue Box Program in Ontario, so that that City can, among other things, effectively mitigate potential adverse impacts to Toronto residents and the City's waste operations as soon as possible.

4. City Council direct the City Manager, Mayor and General Manager of Solid Waste Management, to communicate to the Minister of the Environment, Conservation and Parks City Council's position that:

a. any changes to Toronto's blue box program and Extended Producer Responsibility regulations, have clear and measurable goals, targets, outcomes and penalties that ensure producers are accountable for reduction targets and are consistent with the provincial interests stated in the Resource Recovery and Circular Economy Act, 2016, the purposes stated in the Waste Diversion Transition Act, 2016 and the principles of full extended producer responsibility;

b. other policy tools and incentives to promote the use of more recycled content in products and packaging should be included, including incentives to reduce and redesign products and packaging;

c. Extended Producer Responsibility regulations not allow for recycled content to offset recovery targets and that producers are required to report on sub categories of materials; and

d. the eligible sources Include all multi-unit residential dwellings in Ontario during transition, commercial and municipal buildings (including parks and public spaces, schools, and municipally-operated facilities, such as community centres and arenas) and include packaging and packaging like products recovered from the waste stream. 

5. City Council request the City Manager, the Mayor and the General Manager, Solid Waste Management Services to communicate to the Minister of the Environment, Conservation and Parks to protect the deposit return system and explore expanding deposit return as a means of increasing recycling rates.

6. City Council direct the General Manager, Solid Waste Management Services to report back on impacts to user fees and any change in Solid Waste user fee program.

7. City Council direct the General Manager, Solid Waste Management Services to report back on the impact and proposed management of materials and sources not eligible for transition including costs (i.e. non-residential customer base).

8. City Council authorize the General Manager, Solid Waste Management Services or designate to negotiate and enter into any new agreements or amending agreements (including but not limited to amending agreements to receive external funding) necessary for the City's continued waste diversion operations until the latter of December 31, 2026 or the transition period end date indicated by the Resource Recovery and Circular Economy Act, 2016 or the Waste Diversion Transition Act, 2016, or any regulations thereunder, on terms satisfactory to the General Manager, Solid Waste Management Services and each in a form satisfactory to the City Solicitor and conditional on approved funding.

9. City Council request the General Manager, Solid Waste Management Services, provide to all Members of Council, communications material to share on potential and proposed changes to the blue box program as a result of proposed Extended Producer Responsibility regulations.

The purpose of this report is to provide an update on the transition of Toronto's Blue Bin Recycling Program to extended producer responsibility and seek authority to advise the Ontario Ministry of the Environment, Conservation and Parks of Toronto's preferred transition date of July 1, 2023. This report also provides an update on the wind-up of the current shared municipal/producer funding model for blue box materials and discusses potential elements of the future Extended Producer Responsibility regulation and Toronto's key policy positions. The report also presents information on potential future-state scenarios and when the financial and operational responsibility of managing blue box materials is fully transitioned to producers.