New E-Waste Regulations in Force in Ontario

On April 1 2009, new Regulations implementing Phase 1 of the Ontario Waste Electrical and Electronic Equipment Program (the WEEE Program) came into effect. Under the Regulations, companies supplying electronics for sale and use in Ontario are required to register with and report to a non-share capital corporation, Ontario Electronic Stewardship (OES), which was created to oversee the implementation of the Program. Significantly, the Regulations also require the participant companies to pay fees for supplying certain kinds of electronics to end users. The per-unit fee, which varies depending on the kind of electronic hardware being sold, ranges from $0.32 for peripherals such as keyboards, to $13.44 for desktop computers. In 2004, electronic waste was prescribed as a designated waste under the Waste Diversion Act, 2002 amid growing concerns about the environmental impact from the disposal of computers and other electronics. The WEEE Program was developed in response to this designation. Phase 2, which will include fees for additional kinds of electronics, will be submitted for approval in July and is expected to come into effect next year, if approved. All the fees collected will be allocated to the WEEE Program, including the costs of collection and processing of waste, as well as the costs of education and enforcement. Of particular interest is the fact that OES has recognized the issue of privacy and security of data on used computers and has stated that it will implement policies to ensure reasonable protection of data throughout the WEEE Program, including prohibiting end-of-life processors from removing parts for reuse or refurbishment. For the text of the Phase 1 Regulations, see: http://tinyurl.com/dj4p33 For the Ontario WEEE Program Plan, visit: http://tinyurl.com/d5jofh For an article in Canadian Lawyer Magazine on the topic, see: http://tinyurl.com/cr9qlu Summary by: Cheryl Cheung