Item - 2022.IE30.8

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Solid Waste Management Services to negotiate and enter into any service agreements or amending agreements with any Producer Responsibility Organization(s) registered with the Resource Productivity Recovery Authority, and/or their designate, for the City of Toronto to be contracted to provide recycling collection and management services, based on terms and conditions outlined in Confidential Attachment 1 to the report (May 11, 2022) from the General Manager, Solid Waste Management Services, for the management of blue box materials until the end of the transition phase pursuant to the Resource Recovery and Circular Economy Act, 2016 or any regulations thereunder, on terms acceptable to the General Manager, Solid Waste Management Services, the Deputy City Manager, Infrastructure and Development Services or designate, and the Chief Financial Officer and each in a form satisfactory to the City Solicitor.

2. City Council direct that Confidential Attachment 1 to the report (May 11, 2022) from the General Manager, Solid Waste Management Services remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as involves a position, plan, procedure, criteria or instruction to be applied to any negotiation carried on or to be carried on by or on behalf of the City.
 

3. City Council direct the General Manager, Solid Waste Management Services, to report back in early 2023 to the Infrastructure and Environment Committee with the outcome of negotiations and any executed contract(s) that occur with registered Producer Responsibility Organizations and / or their designate for the transition phase from July 1, 2023 to December 31, 2025.

4. City Council authorize the General Manager, Solid Waste Management Services and / or designate to negotiate and enter into any agreements to manage the blue box materials from locations not serviced by Producer Responsibility Organizations on terms acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor.

5. City Council support the General Manager, Solid Waste Management Services and / or designate, to enter into discussions with Producer Responsibility Organizations and / or their designate, on their potential interest in using any of the City of Toronto’s recycling related infrastructure and assets during the post-transition phase (2026 and beyond) for operational efficiency purposes, and how costs associated with any capital investment would be shared.

6. City Council authorize the General Manager, Solid Waste Management Services to negotiate and enter into any service agreements or amending agreements with any Producer Responsibility Organization(s) registered with the Resource Productivity Recovery Authority, and / or their designate, for the City of Toronto to be contracted to provide recycling collection and management services, based on terms and conditions outlined in Confidential Attachment 1 to the report (May 24, 2022) from the General Manager, Solid Waste Management Services, for the management of blue box materials until the end of the transition phase pursuant to the Resource Recovery and Circular Economy Act, 2016 or any regulations thereunder, on terms acceptable to the General Manager, Solid Waste Management Services; Deputy City Manager, Infrastructure and Development Services or designate; and Chief Financial Officer and each in a form satisfactory to the City Solicitor.

7. City Council direct that Confidential Attachment 1 to the report (May 24, 2022) from the General Manager, Solid Waste Management Services remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it involves a position, plan, procedure, criteria or instruction to be applied to any negotiation carried on or to be carried on by or on behalf of the City.

The purpose of this report is to provide an update on the transition of the City of Toronto's (the City) Blue Bin Recycling Program to producers effective July 1, 2023, in accordance with Ontario Regulation 391/21: Blue Box[1] adopted on June 3, 2021, as amended by Ontario Regulation 349/22: Blue Box[2], adopted on April 14, 2022 (the Regulation). This report includes information about the formation and role of Producer Responsibility Organizations, their responsibility for the collection of recyclables from eligible sources, the City's potential future role in the new Blue Box recycling management environment. It also presents considerations and terms and conditions that will guide negotiations, and requests delegated authority to enter into any agreements with Producer Responsibility Organizations on transitioning the City's blue box management responsibilities to producers on July 1, 2023.

This staff report also highlights activities undertaken by staff to prepare for the system changes resulting from transition, including: business transformation and change management preparations, ongoing City-led provincial regulatory advocacy, and monitoring of non-blue box waste diversion programs.

[1] www.ontario.ca/laws/regulation/r21391
[2] www.ontario.ca/laws/regulation/r22349

This is a supplementary report to item IE30.8 titled Entering into Agreements with Producer Responsibility Organizations for the Blue Box Program that will be considered by the Infrastructure and Environment Committee at its May 25, 2022 meeting. This report provides additional information on Circular Material Ontario's Master Service Agreement, Statements of Work for Residence and Facility Collection, Depot Collection, Public Space Collection, and Promotion and Education, and Pricing Explanatory Note that was made public on May 11, 2022.