Ontario orders review of business recycling rules

Summary#

Bill 87, the Environmental Protection Amendment Act (Industrial, Commercial and Institutional Source Separation Programs), 2025, would amend Ontario’s Environmental Protection Act. Its goal is to have the Minister review requirements under Ontario Regulation 103/94 and consider how to set clear, enforceable outcomes for waste diversion; it does not itself change those requirements.

  • The Minister must start the review within three months after the Act comes into force and report findings to the Legislative Assembly within nine months after the review starts.
  • The review must consider the scope of regulated sectors and suitable outcomes for sectors and subsectors; size thresholds for facilities and dwellings; designated materials; public reporting and tracking; third-party monitoring, certification and audits; and the role of promotion and education.
  • It must also consider performance measures to increase diversion, ways to increase diversion in multi-residential buildings, and complementary tools such as producer responsibility and disposal bans.
  • The bill creates a review and reporting duty for the Minister, not a new waste program or new rules for businesses or buildings.

What it means for you#

  • Minister: If the bill becomes law, the Minister must carry out the review and report its findings to the Legislative Assembly within the stated deadlines.
  • Industrial, commercial and institutional businesses, and people in multi-residential buildings: The bill does not directly require you to change how you separate or dispose of waste. It requires the Minister to consider possible changes.
  • The public: The bill does not itself set diversion targets, disposal caps or contamination thresholds, or require public reporting by regulated facilities.

Money#

No cost information is in the available material.

  • The bill requires a ministerial review and report, but gives no estimate of the staff time or other costs.
  • It does not appropriate money or set fees, fines or financial benefits.

What is unclear#

  • The supplied material does not include the current Environmental Protection Act or Ontario Regulation 103/94, so the existing requirements and how this review would change current practice could not be verified.
  • The bill does not set out how the review will gather evidence or involve regulated sectors, municipalities, residents or other groups.
  • The Minister must consider the listed topics, but the bill does not require the Minister to adopt any particular outcome or later change the regulation.
  • The bill does not say whether or how the report will be made publicly available.

Case for#

  • A review could identify clearer, enforceable ways to measure waste diversion, rather than relying only on broad requirements.
  • Considering different sectors, facility sizes and materials could help the Minister assess whether suitable outcomes vary across settings.
  • Considering public tracking, audits, education and other tools could give the Minister options for addressing barriers to diversion before deciding whether to change requirements.

Case against#

  • The bill requires a review, not new diversion results. Even if the review identifies problems, it does not require the Minister to adopt changes.
  • It sets deadlines for starting and reporting, but does not specify how the review will be conducted or how affected groups will take part.
  • The review and report will require resources, but the bill provides no cost estimate or funding details.