Item - 2024.IE12.1
Tracking Status
- City Council adopted this item on April 17, 2024 with amendments.
- This item was considered by Infrastructure and Environment Committee on March 27, 2024 and was adopted with amendments. It will be considered by City Council on April 17, 2024.
IE12.1 - Post-Transition of the Blue Box Program to Extended Producer Responsibility and Results of District 2 Service Delivery Options Review
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on April 17 and 18, 2024, adopted the following:
1. City Council direct City staff to pursue competitive procurement of daytime curbside collection services in District 2 to ensure collection services continue following the expiration of the current agreement on August 2, 2026.
2. City Council authorize the General Manager, Solid Waste Management Services to negotiate and enter into any service agreements or amending agreements with any Blue Box Program administrator, and/or their designate, for the City of Toronto to be contracted to provide services, based on terms and conditions outlined in Confidential Attachment 1 to the report (March 13, 2024) from the General Manager, Solid Waste Management Services, for the management of blue box materials at the City's transfer stations until December 31, 2035, on terms acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor.
3. City Council authorize the General Manager, Solid Waste Management Services or their designate to negotiate any new agreements necessary with the successful proponent for the Issuing Authority's Collection of Blue Box Material from Residences and Facilities in City of Toronto Districts Request for Proposals (RFP 2023-07) indicated in Confidential Attachment 1 to the supplementary report (April 17, 2024) from the General Manager, Solid Waste Management Services to provide 311 customer service activities based on the term and pricing set forth in the Confidential Attachment 1 to the supplementary report (April 17, 2024) from the General Manager, Solid Waste Management Services, and on terms acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor and report back to City Council prior to entering into any agreements.
4. City Council direct the General Manager, Solid Waste Management Services to offer for sale, to the successful proponent for the Issuing Authority's Collection of Blue Box Material from Residences and Facilities in City of Toronto Districts Request for Proposals (Request for Proposal 2023-07), the City’s Blue Bin assets in accordance with the terms indicated in the Confidential Attachment 1 to motion 1b by Mayor Olivia Chow.
5. City Council direct the General Manager, Solid Waste Management Services to implement curbside collection routing changes as a result of no longer collecting eligible Blue Box materials to re-optimize collection services and to investigate potential efficiencies and synergies within collections and litter operations and return to Council for direction as required.
6. City Council request the General Manager, Solid Waste Management Services to develop and report back to Committee a communication plan to inform the public about the changes in service in advance of the transition.
7. City Council authorize the General Manager, Solid Waste Management Services or their designate to negotiate and enter into any new agreements or amending agreements necessary for the City's continued litter vacuum operations until December 31, 2026, based in part on the recommendations on pricing set out in Confidential Attachment 1 to the report (March 13, 2024) from the General Manager, Solid Waste Management Services, and on terms satisfactory to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor.
8. City Council communicate to the Premier of Ontario and Minister of the Environment, Conservation and Parks the following City of Toronto positions with respect to extended producer responsibility under the Resource Recovery and Circular Economy Act, 2016, and related regulations:
a. any changes to the legislation and regulations that underpin the delivery, through extended producer responsibility, of the Blue Box program in Ontario should support the Province’s stated commitments to improve recycling rates and reduce the movement of recyclable materials into landfills or the environment as litter;
b. municipal governments have a strong interest in supporting actions that align with the Province’s commitments as it is the municipal taxpayer who is responsible for the costs associated with any delay in improving Blue Box recycling in Ontario, be it through the management of landfills, composting facilities or public space litter; and
c. any changes to the legislation and regulations that are under consideration by the Province should be subject to a public and transparent consultation process and be posted on the Environmental Registry so that all interested parties have the opportunity to participate and provide feedback.
9. City Council authorize the General Manager, Solid Waste Management Services to negotiate and enter into any new agreements, amendments of existing agreements, or acknowledgements, including on the basis of a non-competitive procurement under Toronto Municipal Code Chapter 195, Purchasing, necessary in connection with the efforts to continue provision of Blue Bin material recycling services for non-producer serviced locations (such as City-serviced commercial locations, City facilities, charities, institutions and religious organizations), including advocacy, financial analysis, or waste composition audits on terms and conditions satisfactory to the General Manager, Solid Waste Management Services and each in a form satisfactory to the City Solicitor.
10. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the third quarter of 2025, on the results of the review and analysis of the potential service delivery options for the City’s integrated litter program operations including:
a. any timelines and recommendations to undertake a managed competition process or directly bring operations in-house for contracted litter vacuum operations; and
b. any timelines and recommendations for changes to the City’s on-street litter bin operations which are currently part of the City’s coordinated Street Furniture Program.
11. City Council formally express its commitment to ensuring that any staff currently employed by the City and that may have their positions impacted by the Blue Box transition to extended producer responsibility, will be supported throughout the transition so that they can continue to work for the City of Toronto.
12. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the first quarter of 2025, with a comparison of service standards and metrics between districts for daytime, curbside waste collection.
13. City Council direct the General Manager, Solid Waste Management Services, in collaboration with the required City Divisions, to include in the first quarter 2025 report to City Council, requested in Part 12 above, consideration of the financial, regulatory, resourcing, operational needs and any other requirements in order for the City of Toronto to be in a position to pursue managed competition or bringing collection services in-house in District 2 following the end of the next contracted-service agreement.
14. City Council direct that Confidential Attachment 1 to the report (March 13, 2024) 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.
15. City Council direct that Confidential Attachment 1 to the supplementary report (April 17, 2024) from the General Manager, Solid Waste Management Services remain confidential 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 the City, and City Council direct that Confidential Attachment 1 to the supplementary report (April 17, 2024) from the General Manager, Solid Waste Management Services be made public at the discretion of the General Manager, Solid Waste Management Services.
16. City Council authorize the public release of the confidential instructions to staff attached to motion 1b by Mayor Olivia Chow at the discretion of the General Manager, Solid Waste Management Services.
Confidential Attachment 1 to the report (March 13, 2024) from the General Manager, Solid Waste Management Services remains 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.
Confidential Attachment 1 to the supplementary report (April 17, 2024) from the General Manager, Solid Waste Management Services and the confidential instructions to staff in Confidential Attachment 1 to Motion 1b by Mayor Olivia Chow remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they involve 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.
Confidential Attachment 1 to the supplementary report (April 17, 2024) from the General Manager, Solid Waste Management Services and the confidential instructions to staff in Confidential Attachment 1 to motion 1b by Mayor Olivia Chow will be made public at the discretion of the General Manager, Solid Waste Management Services.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on April 17, 2024, to consider confidential information on this Item as it pertains to labour relations or employee negotiations; commercial or financial information that belongs to the City and has potential monetary impacts; and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City of Toronto.
Confidential Attachment - Labour relations or employee negotiations. In addition, it includes commercial or financial information that belongs to the City and has potential monetary impacts.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2024/ie/bgrd/backgroundfile-244177.pdf
Confidential Attachment 1
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-245026.pdf
Confidential Attachment 1
Confidential Attachment 1 to Motion 1b by Mayor Olivia Chow
Communications (Committee)
https://www.toronto.ca/legdocs/mmis/2024/ie/comm/communicationfile-178230.pdf
Motions (City Council)
That:
1. City Council direct the General Manager, Solid Waste Management Services, in collaboration with the required City Divisions, to include in the first quarter 2025 report to City Council requested in Part 10, consideration of the financial, regulatory, resourcing, operational needs and any other requirements in order for the City of Toronto to be in a position to pursue managed competition or bringing collection services in-house in District 2 following the end of the next contracted-service agreement.
Vote (Amend Item (Additional)) Apr-17-2024 5:29 PM
Result: Carried | Majority Required - IE12.1 - Chow - motion 1a |
---|---|
Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Vincent Crisanti, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 2 | Members that voted No are Mike Colle, Stephen Holyday |
Total members that were Absent: 0 | Members that were absent are |
That:
1. City Council direct the General Manager, Solid Waste Management Services to offer for sale, to the successful proponent for the Issuing Authority's Collection of Blue Box Material from Residences and Facilities in City of Toronto Districts Request for Proposals (RFP 2023-07)), the City’s Blue Bin assets in accordance with the terms indicated in the Confidential Attachment to this motion.
2. City Council authorize the public release of the confidential instructions to staff attached to this motion at the discretion of the General Manager, Solid Waste Management Services.
Vote (Amend Item (Additional)) Apr-17-2024 5:30 PM
Result: Carried | Majority Required - IE12.1 - Chow - 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, Vincent Crisanti, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson |
Total members that voted No: 3 | Members that voted No are Mike Colle, Stephen Holyday, Jaye Robinson |
Total members that were Absent: 0 | Members that were absent are |
That:
1. City Council adopt the recommendations in the supplementary report (April 17, 2024) from the General Manager, Solid Waste Management Services, amended to read as follows:
- City Council authorize the General Manager, Solid Waste Management Services or their designate to negotiate and enter into any new agreements necessary with the successful proponent for the Issuing Authority's Collection of Blue Box Material from Residences and Facilities in City of Toronto Districts Request for Proposals (RFP 2023- 07) indicated in Confidential Attachment 1, to provide 311 customer service activities based on the term and pricing set forth in the Confidential Attachment 1 to the Supplemental Report (April 16, 2024) from the General Manager, Solid Waste Management Services, and on terms acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor and report back to City Council prior to entering into any agreements.
2. City Council direct that Confidential Attachment 1 to the report (April 16, 2024) from the General Manager, Solid Waste Management Services remains 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 the City, and direct that Confidential Attachment 1 be made public at the discretion of the General Manager, Solid Waste Management Services.
Vote (Amend Item (Additional)) Apr-17-2024 5:31 PM
Result: Carried | Majority Required - IE12.1 - Chow - motion 1c |
---|---|
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, Vincent Crisanti, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson |
Total members that voted No: 3 | Members that voted No are Mike Colle, Stephen Holyday, Jaye Robinson |
Total members that were Absent: 0 | Members that were absent are |
That City Council request the General Manager, Solid Waste Management Services to develop and report back to committee a communication plan to inform the public about the changes in service in advance of the transition.
Vote (Amend Item (Additional)) Apr-17-2024 5:32 PM
Result: Carried | Majority Required - IE12.1 - Thompson - motion 2 |
---|---|
Total members that voted Yes: 25 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 1 | Members that voted No are Mike Colle |
Total members that were Absent: 0 | Members that were absent are |
Adoption of Infrastructure and Environment Committee Recommendations 8, 9 and 10 only:
8. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the third quarter of 2025, on the results of the review and analysis of the potential service delivery options for the City’s integrated litter program operations including:
a. any timelines and recommendations to undertake a managed competition process or directly bring operations in-house for contracted litter vacuum operations; and
b. any timelines and recommendations for changes to the City’s on-street litter bin operations which are currently part of the City’s coordinated Street Furniture Program.
9. City Council formally express its commitment to ensuring that any staff currently employed by the City and that may have their positions impacted by the Blue Box transition to extended producer responsibility, will be supported throughout the transition so that they can continue to work for the City of Toronto.
10. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the first quarter of 2025 with a comparison of service standards and metrics between districts for daytime, curbside waste collection.
Vote (Adopt Item as Amended) Apr-17-2024 5:33 PM
Result: Carried | Majority Required - IE12.1 - Adoption of Infrastructure and Environment Committee Recommendations 8, 9, and 10 only |
---|---|
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, Vincent Crisanti, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson |
Total members that voted No: 3 | Members that voted No are Mike Colle, Stephen Holyday, Jaye Robinson |
Total members that were Absent: 0 | Members that were absent are |
Adopt the balance of the item.
Councillor Holyday, rising on a Point of Order, stated that he would like to request a separate vote on Committee Recommendations 8, 9, and 10.
IE12.1 - Post-Transition of the Blue Box Program to Extended Producer Responsibility and Results of District 2 Service Delivery Options Review
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Confidential Attachment - Labour relations or employee negotiations. In addition, it includes commercial or financial information that belongs to the City and has potential monetary impacts.
Committee Recommendations
The Infrastructure and Environment Committee recommends that:
1. City Council direct City staff to pursue competitive procurement of daytime curbside collection services in District 2 to ensure collection services continue following the expiration of the current agreement on August 2, 2026.
2. City Council authorize the General Manager, Solid Waste Management Services to negotiate and enter into any service agreements or amending agreements with any Blue Box Program administrator, and / or their designate, for the City of Toronto to be contracted to provide services, based on terms and conditions outlined in Confidential Attachment 1 to the report (March 13, 2024) from the General Manager, Solid Waste Management Services, for the management of blue box materials at the City's transfer stations until December 31, 2035, on terms acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor.
3. City Council direct the General Manager, Solid Waste Management Services to implement curbside collection routing changes as a result of no longer collecting eligible Blue Box materials to re-optimize collection services and to investigate potential efficiencies and synergies within collections and litter operations and return to Council for direction as required.
4. City Council authorize the General Manager, Solid Waste Management Services or their designate to negotiate and enter into any new agreements or amending agreements necessary for the City's continued litter vacuum operations until December 31, 2026, based in part on the recommendations on pricing set out in Confidential Attachment 1 to the report (March 13, 2024) from the General Manager, Solid Waste Management Services, and on terms satisfactory to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor.
5. City Council direct that Confidential Attachment 1 to the report (March 13, 2024) from the General Manager, Solid Waste Management Services, remains 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.
6. City Council communicate to the Premier of Ontario and Minister of the Environment, Conservation and Parks the following City of Toronto positions with respect to extended producer responsibility under the Resource Recovery and Circular Economy Act, 2016 and related regulations:
a. Any changes to the legislation and regulations that underpin the delivery, through extended producer responsibility, of the Blue Box program in Ontario should support the Province’s stated commitments to improve recycling rates and reduce the movement of recyclable materials into landfills or the environment as litter;
b. Municipal governments have a strong interest in supporting actions that align with the Province’s commitments as it is the municipal taxpayer who is responsible for the costs associated with any delay in improving Blue Box recycling in Ontario, be it through the management of landfills, composting facilities or public space litter; and
c. Any changes to the legislation and regulations that are under consideration by the Province should be subject to a public and transparent consultation process and be posted on the Environmental Registry so that all interested parties have the opportunity to participate and provide feedback.
7. City Council authorize the General Manager, Solid Waste Management Services to negotiate and enter into any new agreements, amendments of existing agreements, or acknowledgements, including on the basis of a non-competitive procurement under Municipal Code, Chapter 195, Purchasing, necessary in connection with the efforts to continue provision of Blue Bin material recycling services for non-producer serviced locations (such as City-serviced commercial locations, City facilities, charities, institutions and religious organizations), including advocacy, financial analysis, or waste composition audits on terms and conditions satisfactory to the General Manager, Solid Waste Management Services and each in a form satisfactory to the City Solicitor.
8. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the third quarter of 2025, on the results of the review and analysis of the potential service delivery options for the City’s integrated litter program operations including:
a. any timelines and recommendations to undertake a managed competition process or directly bring operations in-house for contracted litter vacuum operations; and
b. any timelines and recommendations for changes to the City’s on-street litter bin operations which are currently part of the City’s coordinated Street Furniture Program.
9. City Council formally express its commitment to ensuring that any staff currently employed by the City and that may have their positions impacted by the Blue Box transition to extended producer responsibility, will be supported throughout the transition so that they can continue to work for the City of Toronto.
10. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the first quarter of 2025 with a comparison of service standards and metrics between districts for daytime, curbside waste collection.
Origin
Summary
The purpose of this staff report is to provide City Council with an update on the transition of the Blue Box Program to Extended Producer Responsibility, including the City's potential role in the Post -Transition Phase (2026 and beyond).
As directed by Council, staff pursued discussions with Circular Materials for Toronto to continue to provide curbside recycling collection post - transition. These discussions ceased in early 2024 due primarily to Circular Materials' requirement for a cost of service to be provided within their required timeframe, which the City was unable to meet due to upcoming procurements. As a result, Circular Materials confirmed they were not open to further discussions or direct negotiations with the City related to Blue Box collection service post - transition.
In relation to receipt of recycling post - transition, this report provides an update on the bid the City submitted in response to Circular Materials' Request for Proposals for Receiving Facilities (also known as transfer stations).
Additionally, the report provides an overview of the options analysis undertaken for curbside waste collection in District 2 once the current contract expires in August of 2026 and the recommended path forward.
Background Information
https://www.toronto.ca/legdocs/mmis/2024/ie/bgrd/backgroundfile-244177.pdf
Confidential Attachment 1
Communications
https://www.toronto.ca/legdocs/mmis/2024/ie/comm/communicationfile-178230.pdf
Speakers
Domenic Maugeri, TCEU Local 416
Ted Aivalis, TCEU Local 416
Motions
That the Infrastructure and Environment Committee recommend that:
1. City Council communicate to the Premier of Ontario and Minister of the Environment, Conservation and Parks the following City of Toronto positions with respect to extended producer responsibility under the Resource Recovery and Circular Economy Act, 2016 and related regulations:
a. Any changes to the legislation and regulations that underpin the delivery, through extended producer responsibility, of the Blue Box program in Ontario should support the Province’s stated commitments to improve recycling rates and reduce the movement of recyclable materials into landfills or the environment as litter;
b. Municipal governments have a strong interest in supporting actions that align with the Province’s commitments as it is the municipal taxpayer who is responsible for the costs associated with any delay in improving Blue Box recycling in Ontario, be it through the management of landfills, composting facilities or public space litter; and
c. Any changes to the legislation and regulations that are under consideration by the Province should be subject to a public and transparent consultation process and be posted on the Environmental Registry so that all interested parties have the opportunity to participate and provide feedback.
That the Infrastructure and Environment Committee recommend that:
1. City Council authorize the General Manager, Solid Waste Management Services to negotiate and enter into any new agreements, amendments of existing agreements, or acknowledgements, including on the basis of a non-competitive procurement under Municipal Code, Chapter 195, Purchasing, necessary in connection with the efforts to continue provision of Blue Bin material recycling services for non-producer serviced locations (such as City-serviced commercial locations, City facilities, charities, institutions and religious organizations), including advocacy, financial analysis, or waste composition audits on terms and conditions satisfactory to the General Manager, Solid Waste Management Services and each in a form satisfactory to the City Solicitor.
That the Infrastructure and Environment Committee recommends that:
1. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the third quarter of 2025, on the results of the review and analysis of the potential service delivery options for the City’s integrated litter program operations including:
a. any timelines and recommendations to undertake a managed competition process or directly bring operations in-house for contracted litter vacuum operations; and
b. any timelines and recommendations for changes to the City’s on-street litter bin operations which are currently part of the City’s coordinated Street Furniture Program.
2. City Council formally express its commitment to ensuring that any staff currently employed by the City and that may have their positions impacted by the Blue Box transition to extended producer responsibility, will be supported throughout the transition so that they can continue to work for the City of Toronto.
3. City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee, no later than the first quarter of 2025 with a comparison of service standards and metrics between districts for daytime, curbside waste collection.