Toronto Environmental Alliance

July 29, 2010

The Honourable John Gerretsen
Minister of the Environment
77 Wellesley Street West
11th Floor, Ferguson Block
Toronto, ON M7A 2T5

Dear Minister Gerretsen:

We urge the Provincial Government to continue moving towards implementing a full Extended Producer Responsibility (EPR) system in Ontario as part of proposed amendments to the Waste Diversion Act (WDA). Over the past few years, we have been very encouraged by the Provincial Government’s proposed policy direction to make EPR a cornerstone of the WDA.

As you know, the ongoing controversy about eco-fees has obscured the fact that holding manufacturers responsible for recovering, reusing and recycling materials is beneficial to Ontario’s environment and economy. In his report, Paying for the Management of Household Hazardous Wastes, the Environmental Commissioner of Ontario (ECO) rightly noted that the concept of holding manufacturers of products that end up as waste responsible for those wastes is fair and results in more environmentally and economically cost effective waste diversion. As well, true Extended Producer Responsibility means municipal taxpayers will save hundreds of millions of dollars as waste management costs are transferred to manufacturers.

To date, Ontario has taken a leadership role in promoting EPR. For this to continue the Government will have to address some of the flaws identified by the ECO with its existing programs. We believe the best way to do this is by reforming Ontario’s Waste Diversion Act (WDA). Specifically, we believe the 90 day review needs to consider how to change the WDA so that:

1. Producer responsibility programs must meet mandatory environmental standards and recovery targets set by the Ontario Government. These standards and targets must deliver strong protection for the public and for the environment. Setting recovery targets that are simple and clear will result in increased waste diversion and growth in Ontario’s green economy. Setting environmental targets will drive producers to make returning products for reuse and recycling convenient for consumers. ;

2. Significant fines must be set so that producers have an incentive to meet the targets. These fines must be large enough so that the costs to producers for not meeting the targets are significantly greater than the costs of meeting the targets.

3. Producer responsibility must focus on individual manufacturers and not agencies. Individual producers should be responsible for the environmental and financial responsibility for the waste associated with their products. Companies should be given the same freedom to choose how to recycle as they have in making their products and the most cost effective way to reduce, reuse and recycle. Competition between producers will result in greener products and products that are less costly to reuse and recycle.

We believe that amending the Waste Diversion Act based on these basic principles will build an Extended Producer Responsibility system that is good for the environment, the economy and taxpayers.

Our groups look forward to continue working with the Province in developing the best waste diversion policies for Ontario. In the interim if you or your staff has any questions or concerns please do not hesitate contacting us.

Sincerely,

Gideon Foreman, Executive Director
Canadian Association of Physicians for the Environment

Sarah Miller, Co-ordinator and Water Policy Researcher
Canadian Environmental Law Association

Carolyn Webb, Programmes Manager
Canadian Institute for Environmental Law and Policy

Pierre Sadik, Manager of Government Affairs
David Suzuki Foundation

Doris Grinspun, RN, MSN, PhD, O.ONT.
Executive Director, RNAO

Dan McDermott, Director
Sierra Club Ontario

Franz Hartmann, PhD, Executive Director
Toronto Environmental Alliance

cc. The Honourable Dalton McGuinty, Premier; Mr. Hudak, MPP; Ms. Horwath, MPP; Mr. Tabuns, MPP; Mr. Barrett, MPP