Item - 2023.IE9.3

Tracking Status

  • City Council adopted this item on December 13, 2023 with amendments.
  • This item was considered by Infrastructure and Environment Committee on November 29, 2023 and was adopted with amendments. It will be considered by City Council on December 13, 2023.
  • See also By-law 68-2024

IE9.3 - Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 13, 14, and 15, 2023, adopted the following:

 

1. City Council repeal City of Toronto Municipal Code Chapter 604, Packaging, effective January 1, 2024.

 

2. City Council adopt a new City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, substantially in accordance with the draft chapter attached as Attachment 1 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services, as amended by part 3 below, with:

 

a. §702-1. (Definitions), §702-2. (Accessory food item), §702-3. (Paper shopping bags), §702-4.A. (Use of reusable shopping bag); §702-5. (Beverage cup), §702-6. (Reusable beverage cup), §702-7. (Offence). §702-8. (Entry to inspect), §702-9. (Orders to comply), and §702-10. (Remedial action) coming into force on March 1, 2024.

 

3. City Council not require retail business establishment operators to charge for reusable shopping bags at this time, and:

 

a. delete Section 702-4 B and 702-4C from the proposed Municipal Code Chapter 702, Single-Use and Takeaway Items, in Attachment 1 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services.

 

4. City Council direct the General Manager, Solid Waste Management Services to remove the ask-first on cup, and report back in the first quarter of 2024 with a review for retail business establishments to reduce cups use through a requirement to post that they accept reusable cups as opposed to the ask first by request by-law.

 

5. City Council clarify that the Ask First/By Request policy allows the business establishment to use their discretion when the customer does not respond or is unclear in their response.

  

6. City Council direct the General Manager, Solid Waste Management Services, in collaboration with the Medical Officer of Health, and as part of the preparation and educational outreach for the implementation of City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, to provide health guidelines and information material to support retail business establishments to operationalize and meet the by-law requirement to accept reusable cups, before the by-law comes into force.

 

7. City Council authorize the City Solicitor, in consultation with the General Manager, Solid Waste Management Services, to make such clarifications, minor modifications, technical or stylistic amendments to the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, as may be required to give effect to City Council's decision.

 

8. City Council direct the General Manager, Solid Waste Management Services, to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines.

 

9. City Council direct the General Manager, Solid Waste Management Services, in consultation with the relevant City divisions, to submit for consideration as part of the 2025 Budget process, the supporting budget required to implement the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items.

 

10. City Council:

 

a. direct the General Manager, Solid Waste Management Services, to report back to City Council in the first quarter of 2025, in consultation with the relevant City divisions, on further measures (Stage 3) to reduce single-use and takeaway items, including the feasibility of expanding City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items further to include:

  

1. large event venues in Toronto;

 

2. acceptance of reusable food containers provided by a customer at retail business establishments; and

 

3. requirements for retail business establishment operators to use reusable food containers and beverage cups in their dine-in operations in Toronto.

 

b. authorize the General Manager, Solid Waste Management Services, to negotiate and enter into any non-competitive agreements or any amendment agreements to existing agreements necessary for professional services, such as third-party independent public and stakeholder opinion polling to support the development and research work to accelerate and advance Stage 3 of the Single-Use and Takeaway Items Reduction Strategy as authorized in the parts above, in a form satisfactory to the City Solicitor.

 

11. City Council authorize the General Manager, Solid Waste Management Services, or designate, until December 31, 2028, to negotiate and enter into agreements, as may be required and where it is determined that the project will support the implementation of Stages 1 and 2 of the Single Use and Takeaway Items Reduction Strategy, with non-profit, public, and private sector organizations to:

 

a. collaborate on projects or initiatives;

 

b. provide in-kind and/or financial support from the approved Solid Waste Management Services budget and is within the General Manager, Solid Waste Management Services financial authority; and/or

 

c. receive funding andor in-kind support, on such terms and conditions acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor.

 

12. City Council authorize the implementation of Phase One of the Circular Food Innovators Fund by Solid Waste Management Services, substantially in accordance with the Framework for Phase One of the City of Toronto's Circular Food Innovators Fund in Attachment 2 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services.

 

13. City Council authorize the General Manager, Solid Waste Management Services, or designate, until December 31, 2024, to execute, on behalf of the City of Toronto, agreements with successful recipients to receive funds distributed under Phase One of the Circular Food Innovators Fund outlined in Attachment 2 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services, on terms and conditions acceptable to the General Manager, Solid Waste Management Services, or designate, and in a form acceptable to the City Solicitor.

 

14. City Council direct the General Manager, Solid Waste Management Services, to report back by fourth quarter 2026 on the implementation of Phase One of the Circular Food Innovators Fund, and with proposed recommendations for the potential implementation of Phase Two of the Circular Food Innovators Fund that considers support for business innovation across the whole food value chain in support of the City's circular economy and sustainable consumption goals.

 

15. City Council direct the General Manager, Solid Waste Management Services, to report back in the first quarter of 2024, with any recommendations to adjust the Single Use and Takeaway Items Reduction Strategy that considers the Federal Court's decision quashing the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999, the pending appeal and any amended approaches by the Federal Government.

 

16. City Council direct the City Manager, through the appropriate Divisions and together with associated City Agencies, Boards and Commissions, to develop a plan that will , prioritize and support the accelerated advancement of Stage 1 and Stage 2 of the Single-Use and Takeaway Items Reduction Strategy at City properties, events and City-run facilities to demonstrate the City taking a leadership role to reduce the use of single-use and takeaway items.

 

17. City Council request the City Solicitor to report to the Infrastructure and Environment Committee by or before the end of the first quarter of 2024 on the legal feasibility of enacting and enforcing, pursuant to the City of Toronto Act, 2006, a City of Toronto by-law that would prohibit certain retail business establishments in Toronto from providing their customers with the same plastic manufactured items indicated in the Single-use Plastics Prohibition Regulations (SOR/2022-138).

 

18. City Council request the General Manager, Solid Waste Management Services, as part of the first quarter of 2024 report back on any recommendations to adjust the Single-Use and Takeaway Items Reduction Strategy to include any recommendations to modify the list of items and measures to reduce Single-use and Takeaway items that may result from:


a. a review of an item’s prevalence in the City’s 2022 Litter Audits;


b. considerations of an item’s potential to persist in the environment (i.e. not biodegradable); and


c. operational challenges and considerations with an item’s management as litter by the City.

 

19. City Council direct the General Manager, Solid Waste Management Services to, as part of the first quarter 2024 report back to the Infrastructure and Environment Committee, to include additional details on a monitoring plan which will be used to determine the outcomes of the Single-Use and Takeaway Items By-law including:


a. the amount of targeted items found in future Litter Audits and Residential Waste Composition Audits;

 

b. input and feedback from retail business establishments on the awareness of the Single-Use and Takeaway Items Bylaw;

 

c. input and feedback from retail business establishments on any change in the distribution and quantities of Single-Use and Takeaway Items;

 

d. public and stakeholder input and feedback on any behaviour changes related to the use of Single-Use and Takeaway Items;

 

e. any enforcement related statistics resulting from compliance measures related to the Single-Use and Takeaway Items Bylaw; and


f. a proposed reporting frequency of the monitoring plan.

   

20. City Council direct the General Manager, Solid Waste Management Services to include, as part of the report requested in part 18 above, amendments City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items that would require retail business establishments to charge their customers a minimum amount for a reusable shopping bag. 

 

 21. City Council direct the General Manager, Solid Waste Management Services, to report back to City Council in first quarter of 2024 on the feasibility to expand City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, further to:

 

a. require Restricted Events to adhere to an Ask First By Request requirement for single-use and takeaway items; and

b. amend the definition of Restricted Events to add specificity by considering an event to be time-limited in nature and excluding venues, businesses, and other operations that operate on a regular scheduled basis, such as museums, cinemas, gyms, etc. 

Background Information (Committee)

(November 15, 2023) Report from the General Manager, Solid Waste Management Services on Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240760.pdf
Attachment 1 - Draft City of Toronto Municipal Code Chapter 702
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240761.pdf
Attachment 2 - Framework for Phase One of the City of Toronto's Circular Food Innovators Fund on
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240762.pdf
Attachment 3 - Jurisdictional Scan update on Update and Action Plan
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240763.pdf
Attachment 4 - 2022 Public Consultation Report (with Executive Summary from IPSOS report
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240764.pdf
Attachment 5 - Toronto Public Health Guidance on Reusables / Retailer obligations under Provincial Regulations
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240765.pdf
Attachment 6 - May 18, 2023 - Letter to Environment and Climate Change Canada in response to the Government of Canada's Plastics Proposals - Technical Paper: Federal Plastics Registry on Update and Action Plan
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240766.pdf
Attachment 7 - May 18, 2023 - Letter to Environment and Climate Change Canada in response to the Government of Canada's Plastics Proposals - Consultation Paper: Recycled Content and Labelling Rules for Plastics: Regulatory Framework Paper
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240767.pdf
Attachment 8 - August 30, 2023 - Letter to Environment and Climate Change Canada in response to the Government of Canada's Consultation Document - Pollution Prevention Planning Notice for Primary Food Plastics Packaging: Targets for reduction, reuse, redesign, and recycled content on Update and Action Plan
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240768.pdf

Communications (Committee)

(November 23, 2023) E-mail from Deborah Preuss (IE.Supp)
(November 24, 2023) E-mail from Sofiya Chorniy (IE.Supp)
(November 27, 2023) Letter from Michael Zabaneh, Vice President, Sustainability, Retail Council of Canada (RCC) (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173938.pdf
(November 27, 2023) Letter from Julia Keech and Quentin DeBecker, Scarborough Zero Waste and Krissan Veerasingam, Scarborough Environmental Association (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173981.pdf
(November 27, 2023) Letter from Megan Takeda-Tully, Chief Executive Officer and Founder, Suppli Sustainable Services (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173990.pdf
(November 28, 2023) E-mail from Donna Patterson (IE.Supp)
(November 28, 2023) Letter from Angela Lian, Ewa Shields, Mark Simmons, Tina Soldovieri, Beth Szurpicki, Canada Reduces (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173974.pdf
(November 28, 2023) Letter from Brian MacLean on behalf of Members of Etobicoke Climate Action (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173991.pdf
(November 28, 2023) Submission from Dr. Rafaela F. Gutierrez, and Dr. Chelsea M. Rochman for the U of T Trash Team (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173994.pdf
(November 28, 2023) Letter from Stewart Linton, Waste Reduction Group, St. Lawrence Neighbourhood Association (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-174004.pdf
(November 29, 2023) E-mail from Val Endicott (IE.New)

Communications (City Council)

(November 30, 2023) Letter from Donna-Marie Batty (CC.Main)
(December 8, 2023) Letter from Tony Elenis, President and Chief Executive Officer, Ontario Restaurant, Hotel and Motel Association (ORHMA) and Tracy Macgregor, Vice President, Ontario Restaurants Canada (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-174200.pdf
(December 12, 2023) Letter from Sebastian Prins, Director of Government Relations (Ontario), Retail Council of Canada (CC.New)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-174267.pdf
(December 12, 2023) Letter from Emily Alfred, Waste Campaigner, Toronto Environmental Alliance (CC.New)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-174259.pdf

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Councillor Jennifer McKelvie (Carried)

That:

 

1. City Council direct the General Manager, Solid Waste Management Services to remove the ask-first on cup, and report back in the first quarter of 2024 report with a review for retail business establishments to reduce cups use through a requirement to post that they accept reusable cups as opposed to the ask first by request by-law.

Vote (Amend Item (Additional)) Dec-15-2023 2:59 PM

Result: Carried Majority Required - IE9.3 - McKelvie - Motion 1a
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Shelley Carroll, Paula Fletcher, Chris Moise, Jaye Robinson

1b - Motion to Amend Item (Additional) moved by Councillor Jennifer McKelvie (Carried)

That:

 

1. City Council direct the General Manager, Solid Waste Management Services, in collaboration with the Medical Officer of Health, and as part of the preparation and educational outreach for the implementation of City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, to provide health guidelines and information material to support retail business establishments to operationalize and meet the by-law requirement to accept reusable cups, before the by-law comes into force.

Vote (Amend Item (Additional)) Dec-15-2023 3:01 PM

Result: Carried Majority Required - IE9.3 - McKelvie - Motion 1b
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Paula Fletcher, Chris Moise, Jaye Robinson

2 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Carried)

That:

 

1. City Council clarify that the Ask First/By Request policy allows the business establishment to use their discretion when the customer does not respond or is unclear in their response.

Vote (Amend Item (Additional)) Dec-15-2023 3:04 PM

Result: Carried Majority Required - IE9.3 - Holyday - Motion 2
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe
Total members that voted No: 3 Members that voted No are Paula Fletcher, Parthi Kandavel, Michael Thompson
Total members that were Absent: 2 Members that were absent are Chris Moise, Jaye Robinson

3a - Motion to Amend Item moved by Councillor Amber Morley (Carried)

That:

 

1. City Council not require retail business establishment operators to charge for reusable shopping bags at this time, and:

 

a. delete Section 702-4 B and 702-4C from the proposed Municipal Code Chapter 702, Single-Use and Takeaway Items in Attachment 1; and

 

b. delete part b of Recommendation 2.

 

2. City Council direct the General Manager, Solid Waste Management Services to include, as part of the report requested in Recommendation 14, amendments City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items that would require retail business establishments to charge their customers a minimum amount for a reusable shopping bag.

Vote (Amend Item) Dec-15-2023 2:57 PM

Result: Carried Majority Required - IE9.3 - Morley - Motion 3a - Part 2 only
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Dianne Saxe, Michael Thompson
Total members that voted No: 3 Members that voted No are Brad Bradford, Stephen Holyday, Anthony Perruzza
Total members that were Absent: 4 Members that were absent are Shelley Carroll, Paula Fletcher, Chris Moise, Jaye Robinson

3b - Motion to Amend Item (Additional) moved by Councillor Amber Morley (Carried)

That: 

 

1. City Council direct the General Manager, Solid Waste Management Services, to report back to City Council in first quarter of 2024 on the feasibility to expand City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items further to:

 

a. require Restricted Events to adhere to an Ask First By Request requirement for single-use and takeaway items; and

b. amend the definition of Restricted Events to add specificity by considering an event to be time-limited in nature and excluding venues, businesses, and other operations that operate on a regular scheduled basis, such as museums, cinemas, gyms, etc.

Vote (Amend Item (Additional)) Dec-15-2023 3:05 PM

Result: Carried Majority Required - IE9.3 - Morley - Motion 3b
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 3 Members that voted No are Jon Burnside, Stephen Holyday, James Pasternak
Total members that were Absent: 2 Members that were absent are Chris Moise, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-15-2023 3:07 PM

Result: Carried Majority Required - IE9.3 - Adopt the item as amended
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Chris Moise, James Pasternak, Jaye Robinson

Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, requested to vote separately on part 2 of Councillor Morley's Motion ‘a’.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council would vote separately on part 2 of motion 3a.

3a - Supplementary Report on Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund

Background Information (Committee)
(November 27, 2023) Supplementary Report from the General Manager, Solid Waste Management Services on Supplementary Report on Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-241205.pdf

IE9.3 - Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Infrastructure and Environment Committee recommends that:

 

1. City Council repeal City of Toronto Municipal Code, Chapter 604, Packaging, effective January 1, 2024.

 

2. City Council adopt a new City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, substantially in accordance with the draft chapter attached as Attachment 1 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services, to Update and Action Plan on Stage 2 of the Single Use and Takeaway Items Reduction Strategy, including Phase One of the Circular Food Innovators Fund (November 15, 2023), with:

 

a.  §702-1. (Definitions), §702-2. (Accessory food item), §702-3. (Paper shopping bags), §702-4.A. (Use of reusable shopping bag); §702-5. (Beverage cup), §702-6. (Reusable beverage cup), §702-7. (Offence). §702-8. (Entry to inspect), §702-9. (Orders to comply), and §702-10. (Remedial action) coming into force on March 1, 2024; and

 

b. §702-4.B. (Minimum amount charged for reusable shopping bag) and §702-4.B. (Exemption minimum amount charged for reusable shopping bag) coming into force on May 1, 2024. 

 

3. City Council authorize the City Solicitor, in consultation with the General Manager, Solid Waste Management Services, to make such clarifications, minor modifications, technical or stylistic amendments to the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items as may be required to give effect to City Council's decision.

 

4. City Council direct the General Manager, Solid Waste Management Services, to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines.

 

5. City Council direct the General Manager, Solid Waste Management Services, in consultation with the relevant City divisions, to submit for consideration as part of the 2025 Budget process, the supporting budget required to implement the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items.

 

6. City Council:

 

a. Direct the General Manager, Solid Waste Management Services, to report back to City Council in the first quarter of 2025, in consultation with the relevant City divisions, on further measures (Stage 3) to reduce single-use and takeaway items, including the feasibility of expanding City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items further to include:

  

1. large event venues in Toronto;

 

2. acceptance of reusable food containers provided by a customer at retail business establishments; and

 

3. requirements for retail business establishment operators to use reusable food containers and beverage cups in their dine-in operations in Toronto.

 

b. Authorize the General Manager, Solid Waste Management Services, to negotiate and enter into any non-competitive agreements or any amendment agreements to existing agreements necessary for professional services, such as third-party independent public and stakeholder opinion polling to support the development and research work to accelerate and advance Stage 3 of the Single-Use and Takeaway Items Reduction Strategy as authorized in the recommendations above, in a form satisfactory to the City Solicitor.

 

7. City Council authorize the General Manager, Solid Waste Management Services, or their designate, until December 31, 2028, to negotiate and enter into agreements, as may be required and where it is determined that the project will support the implementation of Stages 1 and 2 of the Single Use and Takeaway Items Reduction Strategy, with non-profit, public, and private sector organizations to:

 

a. collaborate on projects or initiatives;

 

b. provide in-kind and / or financial support from the approved Solid Waste Management Services budget and is within the General Manager, Solid Waste Management Services financial authority; and / or

 

c. receive funding and /or in-kind support, on such terms and conditions acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor.

 

8. City Council authorizes the implementation of Phase One of the Circular Food Innovators Fund by Solid Waste Management Services, substantially in accordance with the Framework for Phase One of the City of Toronto's Circular Food Innovators Fund in Attachment 2 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services.

 

9. City Council authorizes the General Manager, Solid Waste Management Services, or their designate, until December 31, 2024, to execute, on behalf of the City of Toronto, agreements with successful recipients to receive funds distributed under Phase One of the Circular Food Innovators Fund outlined in Attachment 2 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services, on terms and conditions acceptable to the General Manager, Solid Waste Management Services, or their designate, and in a form acceptable to the City Solicitor.

 

10. City Council directs the General Manager, Solid Waste Management Services, to report back by fourth quarter 2026 on the implementation of Phase One of the Circular Food Innovators Fund, and with proposed recommendations for the potential implementation of Phase Two of the Circular Food Innovators Fund that considers support for business innovation across the whole food value chain in support of the City's circular economy and sustainable consumption goals.

 

11. City Council direct the General Manager, Solid Waste Management Services, to report back in the first quarter of 2024, with any recommendations to adjust the Single Use and Takeaway Items Reduction Strategy that considers the Federal Court's decision quashing the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999 (CEPA), the pending appeal and any amended approaches by the Federal Government.

 

12. City Council direct the City Manager, through the appropriate Divisions and together with associated City Agencies, Boards and Commissions, to develop a plan that will , prioritize and support the accelerated advancement of Stage 1 and Stage 2 of the Single-Use and Takeaway Items Reduction Strategy at City properties, events and City-run facilities to demonstrate the City taking a leadership role to reduce the use of single-use and takeaway items.

 

13. City Council request the City Solicitor to report to the Infrastructure and Environment Committee by or before the end of the first quarter of 2024 on the legal feasibility of enacting and enforcing, pursuant to the City of Toronto Act, 2006, a City of Toronto bylaw that would prohibit certain retail business establishments in Toronto from providing their customers with the same plastic manufactured items indicated in the Single-use Plastics Prohibition Regulations (SOR/2022-138).

 

14. City Council request the General Manager, Solid Waste Management Services, as part of the first quarter of 2024 report back on any recommendations to adjust the Single-Use and Takeaway Items Reduction Strategy to include any recommendations to modify the list of items and measures to reduce Single-use and Takeaway items that may result from:


a. a review of an item’s prevalence in the City’s 2022 Litter Audits;


b. considerations of an item’s potential to persist in the environment (i.e. not biodegradable); and,


c. operational challenges and considerations with an item’s management as litter by the City.

 

15. City Council direct the General Manager, Solid Waste Management Services to, as part of the first quarter 2024 report-back to the Infrastructure and Environment Committee, include additional details on a monitoring plan which will be used to determine the outcomes of the Single-Use and Takeaway Items Bylaw including:


- The amount of targeted items found in future Litter Audits and Residential Waste Composition Audits;

 

- Input and feedback from retail business establishments on the awareness of the Single-Use and Takeaway Items Bylaw;

 

- Input and feedback from retail business establishments on any change in the distribution and quantities of Single-Use and Takeaway Items;

 

- Public and stakeholder input and feedback on any behaviour changes related to the use of Single-Use and Takeaway Items;

 

- Any enforcement related statistics resulting from compliance measures related to the Single-Use and Takeaway Items Bylaw; and


- A proposed reporting frequency of the monitoring plan.

Origin

(November 15, 2023) Report from the General Manager, Solid Waste Management Services

Summary

This report presents an update on waste reduction initiatives from the Solid Waste Management Services Division (Solid Waste). The report proposes a new Single-Use and Takeaway Items Bylaw (SUTI Bylaw) applicable to retail business establishments as part of Stage 2 of the Single-Use and Takeaway Items Reduction Strategy (Reduction Strategy).

 

The proposed Single-Use and Takeaway Items Bylaw includes the following mandatory activities by a retail business establishment operator:

 

- confirm a customer needs a single-use accessory food item prior to distribution;

- confirm a customer needs a paper shopping bags prior to distribution;

- charge customers a minimum amount for a reusable shopping bag, with the minimum amount to increase one year following the proposed SUTI Bylaw comes into force;

- accept the use of reusable shopping bags by a customer;

- confirm a customer needs a single-use beverage cup prior to distribution; and

- accept the use of a reusable beverage cup by a customer.

 

Table 1. Summary of Single-Use and Takeaway Items Bylaw and proposed implementation timeline

 

Targeted Items

Proposed Implementation Date of Mandatory Measures, Post-Adoption by City Council  

March 1, 2024

May 1, 2024

May 1, 2025

Single-Use Accessory Food Items

Ask-First/By-Request

 

 

Paper Shopping Bags

Ask-First/By-Request

 

Compatibility

   

Reusable Shopping Bags

Mandatory Acceptance

Minimum Amount Charged - $1.00

Minimum Amount Charged - $2.00

Single-Use Beverage Cups

Ask-First/By-Request

 

 

Reusable Beverage Cups Provided by Customers

Mandatory Acceptance

 

 

 

This report also responds to City Council's direction to advise on options to incentivize businesses to reduce single-use and takeaway items by proposing a new business grant program, the Circular Food Innovators Fund (CFIF). This report outlines Phase One of the Circular Food Innovators Fund, which focuses on supporting businesses to implement reuse systems that eliminate single-use and takeaway items.

 

Lastly, the report outlines next steps for Stage 3 of the Reduction Strategy, to further explore measures targeted towards the use of reusable items and the further reduction of single-use and takeaway items, in addition to next steps for the second phase of the Circular Food Innovators Fund.

 

Please note that in advance of the Infrastructure and Environment Committee meeting scheduled for November 29, 2023, Solid Waste staff will provide a supplemental report that provides an update as it relates to the recent decision issued on November 16, 2023, by the Federal Court in Responsible Plastic Use Coalition v. Canada (Environment and Climate Change) regarding the constitutionality of the Government's current approach to banning single-use plastics. The report will also address the impacts, if any, to the Single-Use and Takeaway Items Bylaw proposed in this report that may result from the decision.

Background Information

(November 15, 2023) Report from the General Manager, Solid Waste Management Services on Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240760.pdf
Attachment 1 - Draft City of Toronto Municipal Code Chapter 702
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240761.pdf
Attachment 2 - Framework for Phase One of the City of Toronto's Circular Food Innovators Fund on
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240762.pdf
Attachment 3 - Jurisdictional Scan update on Update and Action Plan
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240763.pdf
Attachment 4 - 2022 Public Consultation Report (with Executive Summary from IPSOS report
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240764.pdf
Attachment 5 - Toronto Public Health Guidance on Reusables / Retailer obligations under Provincial Regulations
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240765.pdf
Attachment 6 - May 18, 2023 - Letter to Environment and Climate Change Canada in response to the Government of Canada's Plastics Proposals - Technical Paper: Federal Plastics Registry on Update and Action Plan
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240766.pdf
Attachment 7 - May 18, 2023 - Letter to Environment and Climate Change Canada in response to the Government of Canada's Plastics Proposals - Consultation Paper: Recycled Content and Labelling Rules for Plastics: Regulatory Framework Paper
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240767.pdf
Attachment 8 - August 30, 2023 - Letter to Environment and Climate Change Canada in response to the Government of Canada's Consultation Document - Pollution Prevention Planning Notice for Primary Food Plastics Packaging: Targets for reduction, reuse, redesign, and recycled content on Update and Action Plan
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-240768.pdf

Communications

(November 23, 2023) E-mail from Deborah Preuss (IE.Supp)
(November 24, 2023) E-mail from Sofiya Chorniy (IE.Supp)
(November 27, 2023) Letter from Michael Zabaneh, Vice President, Sustainability, Retail Council of Canada (RCC) (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173938.pdf
(November 27, 2023) Letter from Julia Keech and Quentin DeBecker, Scarborough Zero Waste and Krissan Veerasingam, Scarborough Environmental Association (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173981.pdf
(November 27, 2023) Letter from Megan Takeda-Tully, Chief Executive Officer and Founder, Suppli Sustainable Services (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173990.pdf
(November 28, 2023) E-mail from Donna Patterson (IE.Supp)
(November 28, 2023) Letter from Angela Lian, Ewa Shields, Mark Simmons, Tina Soldovieri, Beth Szurpicki, Canada Reduces (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173974.pdf
(November 28, 2023) Letter from Brian MacLean on behalf of Members of Etobicoke Climate Action (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173991.pdf
(November 28, 2023) Submission from Dr. Rafaela F. Gutierrez, and Dr. Chelsea M. Rochman for the U of T Trash Team (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-173994.pdf
(November 28, 2023) Letter from Stewart Linton, Waste Reduction Group, St. Lawrence Neighbourhood Association (IE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/ie/comm/communicationfile-174004.pdf
(November 29, 2023) E-mail from Val Endicott (IE.New)

Speakers

Emily Alfred, Toronto Environmental Alliance
Julia Keech
Sofiya Chorniy

Motions

1a - Motion to Amend Item moved by Councillor Amber Morley (Carried)

That Infrastructure and Environment Committee amend Recommendation 6 by adding the words "the first quarter of" before 2025, and add a part 6b. so that Recommendation 6 now reads as parts 6a. and 6b.:

 

6.  City Council:

 

a. Direct the General Manager, Solid Waste Management Services, to report back to City Council in the first quarter of 2025, in consultation with the relevant City divisions, on further measures (Stage 3) to reduce single-use and takeaway items, including the feasibility of expanding City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items further to include:

  

1.  large event venues in Toronto;

 

2.  acceptance of reusable food containers provided by a customer at retail business establishments; and

 

3.  requirements for retail business establishment operators to use reusable food containers and beverage cups in their dine-in operations in Toronto.

 

b. Authorize the General Manager, Solid Waste Management Services, to negotiate and enter into any non-competitive agreements or any amendment agreements to existing agreements necessary for professional services, such as third-party independent public and stakeholder opinion polling to support the development and research work to accelerate and advance Stage 3 of the Single-Use and Takeaway Items Reduction Strategy as authorized in the recommendations above, in a form satisfactory to the City Solicitor.


1b - Motion to Amend Item (Additional) moved by Councillor Amber Morley (Carried)

That Infrastructure and Environment Committee recommend that:

 

1. City Council direct the City Manager, through the appropriate Divisions and together with associated City Agencies, Boards and Commissions, to develop a plan that will , prioritize and support the accelerated advancement of Stage 1 and Stage 2 of the Single-Use and Takeaway Items Reduction Strategy at City properties, events and City-run facilities to demonstrate the City taking a leadership role to reduce the use of single-use and takeaway items.


2 - Motion to Amend Item (Additional) moved by Councillor Dianne Saxe (Carried)

That the Infrastructure and Environment Committee recommend that:

 

1. City Council request the City Solicitor to report to the Infrastructure and Environment Committee by or before the end of the first quarter of 2024 on the legal feasibility of enacting and enforcing, pursuant to the City of Toronto Act, 2006, a City of Toronto bylaw that would prohibit certain retail business establishments in Toronto from providing their customers with the same plastic manufactured items indicated in the Single-use Plastics Prohibition Regulations (SOR/2022-138).

 

2. City Council request the General Manager, Solid Waste Management Services, as part of the first quarter of 2024 report back on any recommendations to adjust the Single-Use and Takeaway Items Reduction Strategy to include any recommendations to modify the list of items and measures to reduce Single-use and Takeaway items that may result from:


a. a review of an item’s prevalence in the City’s 2022 Litter Audits;


b. considerations of an item’s potential to persist in the environment (i.e. not biodegradable); and,


c. operational challenges and considerations with an item’s management as litter by the City.

Vote (Amend Item (Additional)) Nov-29-2023

Result: Carried Majority Required - Part 1 only of Motion 2 by Councillor Saxe
Total members that voted Yes: 3 Members that voted Yes are Jennifer McKelvie (Chair), Amber Morley, Dianne Saxe
Total members that voted No: 2 Members that voted No are Mike Colle, James Pasternak
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

3 - Motion to Refer Item moved by Councillor Mike Colle (Lost)

That the Infrastructure and Environment Committee:

 

1. Refer the item, IE9.3, back to the General Manager, Solid Waste Management Services, and request that they report back to the Infrastructure and Environment Committee, in the second quarter of 2024, with a revised Update and Action Plan on Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund, which considers the following amendments to the proposed new City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items:
 

a. revised implementation timeline of no sooner than March 1, 2025; and,

 

b. removal of the requirement that retail business establishments are required to charge a minimum amount for a reusable shopping bag.


4a - Motion to Amend Item (Additional) moved by Councillor Jennifer McKelvie (Carried)

1. The Infrastructure and Environment Committee direct the General Manager, Solid Waste Management Services, as part of the first quarter 2024 report back to the Infrastructure and Environment Committee, to include additional details on a monitoring plan which will be used to determine the outcomes of the Single-Use and Takeaway Items Bylaw including:


- The amount of targeted items found in future Litter Audits and Residential Waste Composition Audits;

 

- Input and feedback from retail business establishments on the awareness of the Single-Use and Takeaway Items Bylaw;

 

- Input and feedback from retail business establishments on any change in the distribution and quantities of Single-Use and Takeaway Items;

 

- Public and stakeholder input and feedback on any behaviour changes related to the use of Single-Use and Takeaway Items;

 

- Any enforcement related statistics resulting from compliance measures related to the Single-Use and Takeaway Items Bylaw; and


- A proposed reporting frequency of the monitoring plan.


4b - Motion to Amend Item (Additional) moved by Councillor Jennifer McKelvie (Carried)

That the Infrastructure and Environment Committee adopt the following recommendations in the supplementary report (November 27, 2023) from the General Manager, Solid Waste Management Services:

 

1. City Council direct the General Manager, Solid Waste Management Services, to report back in the first quarter of 2024, with any recommendations to adjust the Single Use and Takeaway Items Reduction Strategy that considers the Federal Court's decision quashing the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999 (CEPA), the pending appeal and any amended approaches by the Federal Government.


Motion to Adopt Item as Amended moved by Councillor Jennifer McKelvie (Carried)

3a - Supplementary Report on Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund

Origin
(November 27, 2023) Report from the General Manager, Solid Waste Management Services
Summary

This report supplements the Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy (the Update Report), including the Circular Food Innovators Fund report, which provides information on waste reduction initiatives from Solid Waste Management Services. The Update Report proposes a new Single-Use and Takeaway Items Bylaw applicable to retail business establishments as part of Stage 2 of the Single-Use and Takeaway Items Reduction Strategy, which took into consideration the Government of Canada's Single-Use Plastic Prohibition Regulations.

 

This supplementary report provides information on a Federal Court of Canada ruling that found the current legal basis for the Federal Regulations to be unreasonable and unconstitutional, thereby compromising their enforcement.1 The combination of this court decision, the Federal Government's recent decision to appeal, and the possibility that the Federal Government might amend its approach in the process have led Solid Waste Management Services staff to recommend reporting back in the First Quarter 2024 on the implications for and any necessary changes to the Single-Use and Takeaway Items Bylaw.


1See Federal Court Decisions - Responsible Plastic Use Coalition v. Canada (Environment and Climate Change) - November 16, 2023 - section VI. Conclusion - https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/524419/index.do?q=plastic+toxic

Background Information
(November 27, 2023) Supplementary Report from the General Manager, Solid Waste Management Services on Supplementary Report on Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund
https://www.toronto.ca/legdocs/mmis/2023/ie/bgrd/backgroundfile-241205.pdf
Source: Toronto City Clerk at www.toronto.ca/council