Item - 2024.IE13.6

The Infrastructure and Environment Committee recommends that:

1. City Council direct the General Manager, Solid Waste Management Services, to include in the report back on Stage 3 of the Single-Use and Takeaway Items Reduction Strategy (Reduction Strategy) in the First Quarter of 2025:

a. Further updates on the implementation of the revised Stage 2 of the Reduction Strategy, including any additional or updated key performance indicators;

b. An update on the continued monitoring of the prevalence of reusable bags in the City’s waste stream; and

c. Any recommendations on revising the definition of ‘Restricted Events’ to be only time-limited in nature and excluding retail business establishments that operate ticketed events on a regular scheduled basis.

2. City Council direct the General Manager, Solid Waste Management Services to report back on the outcome of the Government of Canada’s appeal of the Federal Court decision to quash the Order adding “plastic manufactured items” to the List of Toxic Substance List in Schedule 1 to the Canadian Environmental Protection Act, 1999 (CEPA).

3. City Council amend City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, as follows:

a. Amend the definition of “BEVERAGE CUP” in §702-1. to clarify that a cup may also include a lid as follows:

BEVERAGE CUP – A cup designed to serve hot and/or cold beverages, and may include a lid to the cup.

b. Add the following definition to §702-1.:

SINGLE-USE BEVERAGE CUP – A beverage cup that is:

A. Designed to be used once and then disposed of as waste; and

B. Ordinarily provided at the point of sale for a beverage at a retail business establishment, or, when a beverage is ordered by telephone or internet-based ordering platforms, is retrieved from the retail business establishment by the customer or a delivery service.

c. Add a new subsection to §702-3. Paper shopping bags., that includes the following exemption provision: 

§702-3.B. does not apply to a retail business establishment if a single-use paper bag is being used to carry any goods purchased by a customer and is either:

(1)  being delivered by the retail business establishment to a customer off the premises of the retail business establishment; or

(2)  is picked up from the retail business establishment by a third-party delivery service and delivered to a customer off the premises of the retail business establishment.

d.  Add a new subsection to §702-5. Reusable beverage cup., that includes the following provision:

If a retail business establishment sells or provides a beverage in a single-use beverage cup to a customer, they shall post a notice visible to customers at any physical or virtual location stating that the retail business establishment accepts the use of a reusable beverage cup by a customer.

e. Delete §702-2.B.(2) to remove the restricted event exemption from single-use accessory food item requirement under §702-2.A.

f. Delete §702-3.D.(2) to remove the restricted event exemption from single-use paper shopping bag requirement under §702-3.B.

4. City Council direct that the amendments to the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, described in:

a.  Recommendations 3.a., 3.b., and 3.c. comes into force on May 25, 2024;

b.  Recommendation 3.d. comes into force on September 1, 2024; and,

c.  Recommendations 3.e. and 3.f. comes into force on January 1, 2025.

5. City Council authorize the City Solicitor, in consultation with the General Manager, Solid Waste Management Services, to prepare the necessary bill required to give effect to City Council’s decision and to make such clarifications, minor modifications, technical or stylistic refinements as may be identified by the City Solicitor.

6. City Council direct the City Manager, in consultation with relevant divisions, to report back to the Infrastructure and Environment Committee in the fourth quarter of 2024 with a proposed additional by-law to the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items that would prohibit retail business establishments from distributing to their customers the persistent, harmful, unnecessary, single-use plastic items referred to in the Single-use Plastics Prohibition Regulation (SOR/2022-138), namely checkout bags, stir sticks, food service ware, cutlery, straws and ring carriers.
 

7. City Council direct the City Manager, in consultation with relevant divisions, to report back to the Infrastructure and Environment Committee in the fourth quarter of 2024 on the feasibility of the City enforcing specific elements of the Single-use Plastics Prohibition Regulations (SOR/2022-138), if City requests and the federal government agrees to delegate enforcement powers under the Canadian Environmental Protection Act to the City. 
 

8. City Council direct the City Manager, in consultation with relevant divisions,  to report back in the fourth quarter of 2024 with a proposed by-law that would require retail business establishments that sell or provide beverages in a single-use beverage cup to post information about City of Toronto Municipal Code 548, Littering and Dumping to their customers, advise them to dispose of their cup and lid appropriately, and appropriate information about the harmful impacts of plastic litter.
 

9. City Council direct the Executive Director, Environment and Climate Division, working with relevant divisions, to report back to the Infrastructure and Environment Committee in 2026, if adequate resources are available in the 2025 City Council budget, on the social, financial, health and environmental impacts of persistent plastic waste and litter in the City of Toronto, including impacts on Toronto’s:

a. Infrastructure and public spaces, including parks, roads, ravines, beaches, sewers, water bodies and watercourses;

b. biodiversity and wildlife;

c. Public health;

d. any other harm in Toronto;

and, where feasible quantify those impacts and recommend any additional plastic bans that would be of material benefit to the people of Toronto.

10. City Council request the Mayor to include resources to evaluate the impacts referred to in Recommendation 9 above, as identified by the Executive Director, Environment and Climate, in the 2025 Budget.

The Infrastructure and Environment Committee considered items IE13.6 - Update on Stage 2 of the Single-Use and Takeaway Items Reduction Strategy, together with item IE13.7 - Prohibiting Distribution of Plastic Manufactured Items.

In December 2023, City Council adopted IE9.3, Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund report (SUTI Report), and the adoption of Municipal Code Chapter 702, Single-Use and Takeaway Items (SUTI Bylaw). The new SUTI Bylaw, which took effect March 1, 2024, is part of Stage 2 of the Single-Use and Takeaway Items Reduction Strategy (Reduction Strategy) and is applicable to all retail business establishments in Toronto. The development of the Reduction Strategy took into consideration the Government of Canada's (Government) Single-Use Plastic Prohibition Regulations (Federal Regulations).

A Supplementary Report (Supplementary Report) was also provided to the Infrastructure and Environment Committee on November 27, 2023, detailing the Federal Court of Canada (Federal Court) ruling that found the Order which added “plastic manufactured items” to the List of Toxic Substance on Schedule 1 of the Canadian Environmental Protection Act was unreasonable and unconstitutional (the Decision).¹ The Decision has been appealed to the Federal Court of Appeal and is stayed until the appeal is heard in June 2024 and a judgement is rendered.

This report responds to City Council direction from IE9.3 to report back on Stage 2 of the Reduction Strategy with the following information:

- any recommendations to adjust the Reduction Strategy that considers the Federal Regulations

- any recommendations to adjust the Reduction Strategy that considers a review of items prevalent in the City’s Litter Audits

- any recommendations to include requirements for reusable shopping bags

- a review for a requirement that retail business establishments post that they accept reusable beverage cups

- the feasibility of expanding the Ask-First / By-Request requirements to Restricted Events

- changing the definition of Restricted Events to be time-limited in nature

- details on the monitoring plan for the SUTI Bylaw

This report also provides an update on Stage 2 implementation and recommends the following additions and amendments to the SUTI Bylaw:

- Exempting delivery operations from the Ask-First / By-Request requirement for paper shopping bags, effective May 25, 2024

- Adding clarification to specify that a lid is part of a beverage cup, effective May 25, 2024

- Requiring retail business establishments to post signage that they accept reusable beverage cups effective September 1, 2024

- Expanding the Ask-First / By-Request requirement to include Restricted Events effective January 1, 2025.

¹ See 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