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									                             Waste Diversion Ontario
                             Board Meeting Minutes
                         Wednesday, September 17, 2003
                       PPEC Boardroom, Etobicoke, Ontario


In attendance:
Gemma Zecchini, CSR Refreshments Canada
Terry Cassidy, AMO, Quinte West
Keith West, Public Service of Ontario
John Jackson, Recycling Council of Ontario
Peter Crockett, AMO, City of Hamilton
Anne Kothawala, Canadian Newspaper Association
Diane Brisebois, Retail Council of Canada
Jeff Newton, Brewers of Canada
Geoff Rathbone AMO, City of Toronto (for Bas Balkissoon)
Damian Bassett, CSR (for Geoff Wilson and Dennis Darby)
Gerry Ker, LCBO (for Andrew Brandt)

Observers:
John Mullinder, PPEC
Don Lamont, OCNA (for Cam McKnight)
Gail Bolubash, CPPI
Rob Cook, OWMA (for Blair McArthur)

Regrets:
Marina Kovrig, CCSPA, Recochem Inc.
Brian Palardy, CPCA, Benjamin Moore Company
Lionel Lalonde, AMO, City of Greater Sudbury

Staff:
Glenda Gies, Executive Director
Anne Mathewson, Executive Assistant



       1. Call to Order

The Chair called the meeting to order at 1:15 p.m. With quorum present the Chair
convened the meeting, and requested that the Executive Assistant take Minutes for this
meeting.


       5. Brewers of Ontario Presentation

The Chair requested that the Brewers of Canada proceed with the presentation of their
Annual Report.

Motion: To receive the Brewers of Ontario Annual Report.
Moved by John Jackson; seconded by Diane Brisebois. Carried.
Motion: That the LCBO, Brewers and Ontario Ministry of the Environment pursue a
consistent deposit return system for imported beer containers.
Moved by Peter Crockett; seconded by Terry Cassidy. Carried.


1.1 Adoption of the Agenda

The Chair recommended the agenda items be addressed in the following order:

4.1 to 4.3
3.1 and 3.2
Break
Used Oil Material presentation
3.3 and 3.4
4.4, to 4.6
2.1 and 2.2
4.7 and 4.8

Motion: To adopt the agenda as revised.
Moved by Terry Cassidy; seconded by Peter Crockett. Carried.


    4. Executive Director’s Report

4.1 IFO Cost Allocation

CPPI advised that it was not a member of WDO when the Board approved the business
plan.

Keith West indicated that the Act requires that all costs, including program development
costs incurred by WDO and the Ministry, be recovered from the IFO’s, that the Ministry
will not be paying for any WDO costs, and that the Ministry will meet with the WDO to
discuss this matter.

Peter Crockett reminded the Board that, if the LCBO funding is used to support the WDO
on an ongoing basis, municipalities will in effect be covering WDO costs.

Motion: To direct the Executive Director to:
                 • Seek a legal opinion regarding the interpretation of Section 32 of
                     the Waste Diversion Act with respect to WDO cost recovery,
                     specifically Section 32 (2) and specifically with respect to the
                     timing of cost recovery from Industry Funding Organizations and
                     to share the legal opinion with the Industry Funding Organizations;
                 • Seek the Ministry of the Environment’s interpretation of Section 32
                     of the Waste Diversion Act with respect to WDO cost recovery,
                     specifically Section 32(2) and specifically with respect to the
                     timing of cost recovery from Industry Funding Organizations;
                 • Meet with representatives of the Ministry of the Environment to
                     discuss funding of WDO’s costs during the period of program
                     development for each designated material; and
                • Report back on these items at the next Board meeting.
Moved by Terry Cassidy; seconded by Peter Crockett. Carried.


4.2 Financial Datacall Verification RFQ

Motion: To direct the Executive Director to enter into a confidentiality agreement with
C.N. Watson and Associates Ltd. and,, with the assistance of the assessment team, to
enter into negotiations with C.N. Watson and Associates Ltd. with the goal of reducing
costs to below $75,000, and if successful, to contract with C.N. Watson and Associates
Ltd. for completion of the 2002 Financial Datacall verification for this amount.

If negotiations with C.N. Watson and Associates are not successful, to direct the
Executive Director to enter into discussions with PSTG Consulting regarding staff
allocation for Task 4 and, pending a satisfactory conclusion to these discussions,
contract with PSTG Consulting for completion of the 2002 Financial Datacall verification
at a cost of $42,076 plus any additional required to meet requirements for Task 4, but
not to exceed $75,000.
Moved by Peter Crockett; seconded by Terry Cassidy. Carried.


4.3 Financial Status:

Paul Brace provided the following legal opinion:
   • Options 1 and 2 are difficult to pursue.
   • Option 3 is the easiest to implement.
   • Options 4 and 5 present operating and legal implications for the WDO.
   • Option 3: Both the Minister of the Environment and the Minister of Consumer
       Relations must agree that the LCBO funds will be released to WDO. The current
       government is unlikely to make that decision before October 2, 2003.
   • Option 4 is not recommended as it represents a suspension of obligations and
       fiduciary responsibilities under the WDA.
   • Directors’ personal liability is limited by the WDA. Specifically, obligations to third
       parties are limited if Directors have acted prudently and in good faith.

It was noted that temporary suspension of the WDO is not an option, as the WDO has
obligations under the WDA, program request letters and contracts with the Executive
Director, landlord and provider of communications equipment.

It was noted that other options would be considered if any become available.

RCO noted that it is not comfortable utilizing funds earmarked for municipalities.

Motion: To direct the Executive Director to continue WDO operation in accordance with
the obligations arising from the Waste Diversion Act and the program request letters
from the Minister of the Environment; and
To request that the MOE release the $5M of LCBO funding for the calendar year 2003 to
the WDO, with WDO taking responsibility for the distribution of a minimum of $4M to
municipalities following the methodology established in the fall of 2002 and with WDO
retaining $1M to cover costs and cash flow until such time as IFO’s are approved and
the WDO is in a position to recover its costs as described in the Waste Diversion Act;
and
That the Executive Director report back to the Board at the November 26, 2003 meeting
for further consideration of the issue.
Moved by Terry Cassidy; seconded by Peter Crockett. Carried.



       3. Committee Reports

3.1 Cost Containment Sub-Committee

The reference in Section 3.0 to Scott Hamilton will be corrected to Scott Stewart.

The Cost Containment Sub-committee is considering a number of options that have
been referred to MIPC for further analysis. The Cost Containment Sub-committee will
provide additional information to the Board at the October meeting.

Motion: To approve the report of the first meeting of the Cost Containment Sub-
committee, as revised.
Moved by Anne Kothawala; seconded Diane Brisebois. Carried.



3.2 Municipal Industry Programs Committee

Tonnage information by municipality will be available on the website. Diversion rates will
not be shown as WDO does not compile GAP information through the Datacall.

Motion: To approve the Tonnage Information Sharing Protocol.
Moved by John Jackson; seconded Diane Brisebois. Carried.


       Used Oil Presentation

Dennis Hambleton from Alberta Used Oil Management Association (AUOMA) and
Paulette Vinette from OUOMA were introduced. Dennis Hambleton presented
information on the Western Canada oil program model, which is being used as a
template for the Ontario program.

The following points were noted from the presentation:
   • Program administration represents 4% to 5% of the AUOMA budget.
   • The single largest AUOMA budget item is the Return Incentive, followed by
        public awareness and education.
   • An Environmental Handling Charge is levied on first sellers (i.e. at wholesale
        level) to minimize points of contact.
   • Municipalities will derive a benefit from the program, as registered
        collectors/transporters will receive a Return Incentive (RI) from OUOMA to
        provide collection of Used Oil Material at no charge and may pass some portion
       of the RI to municipalities. The return incentive is only granted when materials
       are returned to an approved facility.
   •   Funds may be made available to develop collection facilities on a “needs” basis.
   •   The program in the Atlantic Provinces is based on return to retail for used oil
       only, and does not collect filters or containers.
   •   The need to clarify municipal costs in used oil collection must be addressed.


       3. Committee Reports (continued)

Discussion of items 3.3 and 3.4 was deferred.



       4. Executive Director’s Report (continued)


4.4 Dispute Resolution Process

The Dispute Resolution Process must be posted on the WDO website in advance of
notifications to municipalities of adjustments to tonnages reported in the 2002 Tonnage
Datacall.

Legal counsel reminded the Board the Program Agreement with Stewardship Ontario
contains a dispute resolution process that may require amendment in order to be
consistent with this process.

As quorum was not available, Directors will be polled electronically to vote on this item.

Motion to approve: deferred



4.5 By-law #2 relating to the Code of Conduct

It was noted that documents produced by municipal representatives are subject to
Freedom of Information (FOI). It was suggested that municipal representatives confer
with their legal counsel to determine the parameters under which they are subject to
FOI.

It was noted that LCBO staff are subject to Freedom of Information in the same manner
that Ministry of the Environment is subject to Freedom of Information.

Alternates do not receive Board materials.

Motion to approve: deferred


4.6 Final Consultation Plan for Used Tires
The Executive Director asked that this issue be included in the electronic Board poll to
permit the plan to be posted on the website as soon as possible.
As quorum was not available at this time, Directors will be polled electronically to vote on
this item.

Motion to take as read: deferred


4.7 Status Report on WDO Obligations

Distributed for information.

Motion to take as read: deferred


4.7 Governance Manual

Distributed for information.

Motion to take as read: deferred


1.2 Resignation and Alternates

Motion to approve: deferred


       2. Approval of Meeting Minutes

Motion to approve: deferred


       6. Correspondence

Motion to receive: deferred


Motion: The Chair entertained a motion to adjourn at 4:40 p.m.




       Gemma Zecchini”                                            “Anne Mathewson”
……………………………………..                                     ……………………………………
   Chair                                                Secretary
           Business Arising from the Minutes of September 17, 2003


Item No.             Particulars                                          Responsible

1.2           Motion to approve Resignation of Board Member                     Chair
2.1           Motion to approve Meeting Minutes (July 30 and August 13)         Chair
3.2           Organize Municipal Datacall Information for website               ED
3.3           Motion to take as read MAC Report                                 Chair
3.4           Motion to take as read PAC Report                                 Chair
4.1           IFO Cost Allocation                                               ED
4.2           Financial Datacall Verification Contract                          ED
4.3           Letter to MOE requesting release of LCBO funds                    ED
4.4           Motion to approve Dispute Resolution Process                      Chair
4.5           By-law # 2 Relating to the Code of Conduct                        ED
4.6           Motion to approve Final Consultation Plan for Used Tires          Chair
4.7           Motion to take as read Status Report on WDO Obligations           Chair
4.8           Motion to take as read Governance Manual Report                   Chair
5.0           Deposits on Imported Beer sold by LCBO                Brewers, LCBO, MOE
6.0           Motion to receive Correspondence                                  Chair


      Outstanding Business Arising from the Minutes of July 30, 2003

Item No.             Particulars                                          Responsible

2.1-2.3              ISP Criteria                                               ED

2.1-2.4              Licensing of Municipal Datacall                            ED

2.1-2.6              Draft Letter for Stewards of Stewardship Ontario           Chair

4.2                  Create Material Suppliers’ Advisory Group                  ED

4.4                  Letter to CVMA and IAMAC                                   Chair

Used Oil             Submit Final OUOMA Consultation Plan to Minister           Chair

Used Oil             Letter of Request for Used Oil Material
                     Extension to Minister                                      Chair

								
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