Revised (Phase 1 & 2) Waste Electrical & Electronic Equipment (WEEE) Program. Document for Consultation

Transcription

1 Revised (Phase 1 & 2) Waste Electrical & Electronic Equipment (WEEE) Program Document for Consultation January 21, 2009

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3 TABLE OF CONTENTS 1.0 Overview of the Waste Electrical & Electronic Equipment Program in Ontario Background to the WEEE Program Phase 1 of the WEEE Program Plan Phase 2 of the WEEE Program Plan Materials Obligated Under Phase 2 of the WEEE Program Phase 2 Plan Development and Consultation Process Designation of Phase 2 Stewards Discharging Steward Obligations under the WDA Proposed Phase 2 EEE Descriptions, Materials and Groupings WEEE Discard Model Description Preliminary Phase 2 EEE Supplied for Use in Ontario Preliminary Phase 2 WEEE Available for Collection Proposed Collection Channels for the Phase 2 WEEE Program WEEE Program Support for Reuse Initiatives Constant Elements Maintained from Phase 1 of the WEEE Program Material Changes to the Phase 1 WEEE Program Plan for Consultation Proposed Fee-Setting Methodology Governance Treatment of Materials Covered Under Other Regulations WEEE Collection and Management System Program Incentives Allocation Methodology for WEEE Processing Other Possible Amendments Stakeholder Participation and Next Steps Key Dates for the Revised WEEE Program Plan Development and Consultation Stakeholder Participation and Feedback...26 TABLES & FIGURES Table 2.1: Proposed Definitions of Phase 2 Materials...7 Table 2.2: Preliminary Quantity of Phase 2 EEE Supplied for Use in Ontario (Tonnes)...16 Table 2.3: Quantity of Phase 2 WEEE Available for Collection...17 Figure 2.1: Comparison of the Preliminary Total Quantity of Phase 2 EEE Supplied in Ontario and Total WEEE Available for Collection...18 APPENDICES Appendix 1: Ontario Regulation 393/ Appendix 2: Program Request Letter...35 Appendix 3: Clarification Letter on WEEE Diversion...43 Appendix 4: OES Incorporation Letters Patent...46 Appendix 5: Glossary...54 Appendix 6: List of Acronyms...59 Revised (Phase 1 & 2) WEEE Program Consultation Document, January 21, 2009 Page i

4 1.0 Overview of the Waste Electrical & Electronic Equipment Program in Ontario 1.1 Background to the WEEE Program In June 2002, the Province of Ontario passed the Waste Diversion Act, 2002 (WDA). The purpose of the Act is to promote the reduction, reuse and recycling of waste and to provide for the development, implementation and operation of waste diversion programs. WDO is a non-crown corporation created by the WDA to develop, implement and operate waste diversion programs for a wide range of materials. The WDA empowers the Minister of the Environment to designate a material for which a waste diversion program is to be established. WEEE was designated under the WDA by O. Reg. 393/04 filed on December 14, This regulation can be found in Appendix 1. On December 20, 2004, WDO received correspondence from the Minister requesting that WDO undertake a study of the state of WEEE management in Ontario and informing WDO that further direction would be provided following review of the study report. The WEEE Study was submitted to the Minister in July 2005 ( On June 11, 2007, the Minister provided a Final WEEE Program Request Letter directing WDO to: Develop a WEEE Program in phases, beginning with Phase 1 materials to be followed by Phase 2 upon approval of Phase 1 Establish an Industry Funding Organization (IFO) including industry stewards affected by the WEEE Program Submit the Phase 1 WEEE Program by February 1, 2008 Submit the Phase 2 WEEE Program one year after the approval of Phase 1 A copy of the Final WEEE Program Request letter can be found in Appendix 2. A Clarification Letter on WEEE Diversion was received on August 13, 2007 from the Ministry of Environment, and can be found in Appendix 3. In response to the Minister s request, WDO implemented its Procedures for IFOs ( to identify WEEE IFO proponents. Electronics Product Stewardship Canada (EPSC) and Retail Council of Canada (RCC) jointly submitted a proposal to the WDO that outlined their approach to WEEE program plan development through an IFO to be incorporated under the name of Ontario Electronic Stewardship (OES). Subsequent to the July 18, 2007 WDO Board meeting, a Memorandum of Agreement (MOA) was signed by all parties. The MOA required that RCC and EPSC: Incorporate Ontario Electronic Stewardship under Part III of the Corporations Act within sixty (60) days of the signing of the Memorandum of Agreement; and establish a Board of Directors for Ontario Electronic Stewardship with steward representation as specified by the Minister in the Final Program Request Letter and as approved by Waste Diversion Ontario. Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 1

5 OES was incorporated on September 20, 2007 and approved by WDO as the IFO for WEEE on October 17, The OES Incorporation Letters Patent document can be found in Appendix 4. As required under the MOA, WDO and OES entered into a program agreement prior to October 31, OES subsequently requested that the deadline for submission of the WEEE Program Plan be extended to March 31, 2008, and the Minister granted WDO that extension on January 23, Phase 1 of the WEEE Program Plan On July 9, 2008, the Minister approved the WEEE Program Plan for Phase 1 materials. The Minister s Program Request Letter of June 11, 2007, stated the timing for a program plan for Phase 2 WEEE to be 12 months after approval. The submission deadline for the Revised (Phase 1 & 2) WEEE Program Plan2 WEEE is July 10, Interested parties are invited to review the approved Phase 1 WEEE Program Plan as a background to the Phase 2 Program Plan development process. The WEEE Program Plan can be downloaded by visiting the OES website: Phase 1 of the WEEE Program commences April 1, Phase 1 of the WEEE Program includes the following items identified in O. Reg. 393/04: Schedule 2 Information Technology Equipment 5. CD-ROM drive 6. Computer disk drive 7. Computer mouse 8. Computer keyboard 9. Computer terminals 13. Microcomputer 14. Minicomputer 15. Monitor (CRT) 16. Monitor (LCD) 17. Monitor (Plasma) 18. Personal Computer (Desktop) 20. Personal Computer (Laptop) 21. Personal Computer (Notebook) 22. Personal Computer (Notepad) 25. Printer Schedule 3 Telecommunications Equipment 6. Fax machine Schedule 4 Audio Visual Equipment 15. Television (CRT) 16. Television (LCD) 17. Television (Plasma) 18. Television (Rear Projection) Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 2

6 2.0 Phase 2 of the WEEE Program Plan 2.1 Materials Obligated Under Phase 2 of the WEEE Program The Minister s Program Request Letter specified that Phase 2 of the Program shall include the following items identified in Ontario Regulation 393/04 (See Appendix 1): Schedule 2 Information Technology Equipment 10. Copier 19. Personal computer (Handheld) 23. Personal digital assistant 27. Computer flatbed scanner 28. Typewriter Schedule 3 Telecommunications Equipment 11. Modem 12. Pager 16. Telephone (Cellular) 17. Telephone (Cordless) 18. Telephone (Wire line) 19. Telephone Answering Machine Schedule 4 Audio Visual Equipment 1. Amplifier 2. Audio player (tape, disk, digital) 3. Audio recorder (tape, disk, digital) 4. Camera (film, tape, disk, digital) 5. Equalizer 10. Preamplifier 12. Radio 13. Receiver 14. Speaker 19. Tuner 20. Turntable 21. Video player or projector (tape, disk, digital) 22. Video recorder (tape, disk, digital) All Phase 1 and Phase 2 materials supplied into the Ontario market, including those supplied to individual consumers and to industrial, commercial and institutional (IC&I) users are included in the WEEE Program Plan. For greater clarity, this includes all Phase 1 and Phase 2 materials sold, leased, donated or otherwise distributed for use in Ontario. Based upon the results of the WDO WEEE Study Report (2005), Figure 1.1 below illustrates the approximate percentage of tonnes of WEEE materials that are covered under the WEEE Program Plan as Phase 1 and 2 WEEE specified in the Minister s Program Request Letter, compared to the total tonnage of residentially-generated WEEE materials specified in O. Reg. 393/04. Please note that the WDO WEEE Study only included residential WEEE generation. Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 3

7 Figure 1.1: Phase 1 & 2 WEEE materials as a Percentage of Designated WEEE 3 Phase 1 & 2 WEEE Materials as a Percentage of All Designated WEEE As per results of the WDO WEEE Study Report (2005) Non-designated WEEE 1 66% Designated Phase 1 WEEE 2 27% Designated Phase 2 WEEE 2 7% 1) As specified in O. Reg. 393/04 (See Appendix 1) 2) As specified in the Minister s Program Request Letter (See Appendix 3) 3) The WDO WEEE Study Report (2005): data does not include copiers (Phase 2) 2.2 Phase 2 Plan Development and Consultation Process In the development of Phase 2 of the WEEE Program Plan, the program planning team implemented the public consultation program as outlined by WDO in a revised WEEE Consultation Plan approved by the WDO Board on July 18, 2007 ( A full description of the consultation program, the comments received and whether and how these comments were addressed in the program plan are provided in the companion document "Waste Electronic and Electrical Equipment Consultation Document" which is available on the web sites of OES and WDO. Key components of the public consultation program shall include the following: Two public consultation meetings with simultaneous web-casts on the following topics: - Meeting/ Webcast #1 Phase 2 Baseline Data and Phase 2 WEEE Options - Meeting/ Webcast #2 Draft Preliminary Revised Program Plan WDO coordinated meetings of the OES-Service Provider Committee which includes municipal and service provider representatives to support both Phase 1 implementation and Phase 2 plan development. A WDO coordinated meeting with representatives of non-government organizations and OES to review key program elements. An initial survey distributed by OES to industry members in December 2008 to assess current interest and activities related to Phase 2 WEEE. Meetings with MOE and WDO staff throughout the Program planning process to seek clarification and to review key Program elements as required. An OES coordinated technical committee that will review elements of the Phase 1 Program Plan that may be affected by the inclusion of Phase 2 WEEE under the Plan. Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 4

8 2.3 Designation of Phase 2 Stewards The Minister s Program Request Letter also specified that the proposed funding rules should designate and define as Stewards under the Program, brand owners, first importers and/or assemblers of non-branded products for sale and use in Ontario that result in WEEE. Such products shall be referred to as Electrical and Electronic Equipment (EEE). Therefore, EEE refers to new products supplied for use in Ontario and WEEE is any designated EEE that is made available for reuse, refurbishment, recycling or end-of-life (EOL) management under the Program. 2.4 Discharging Steward Obligations under the WDA Brand owners, first importers and manufacturers of EEE can discharge their legal obligations under the WDA through registering and complying with the rules of OES which has been designated as an IFO for WEEE by regulation. For the purposes of this Plan, a manufacturer of non-branded EEE means a Person, other than a Refurbisher, which uses Branded or Unbranded components with or without value-added additional processing to create EEE. Please refer to Schedule A of Section 10 in the Phase 1 WEEE Program Plan for more details. It should be noted that individual brand owners, first importers and/or manufacturers (or collectives thereof) who wish to take direct responsibility for managing their obligations under the WDA can apply to the WDO for approval of an Industry Stewardship Plan (ISP), as provided for under Sections 34(1) and 34(2) of the WDA respectively. Please refer to Section below for more detail on the ISP process. All Stewards of Phase 2 EEE will be required, upon approval of the Phase 2 WEEE Program Plan by the Minister, to register with and pay fees to OES unless and until an ISP is approved Industry Stewardship Plan Following approval by the Minister of a program plan developed by an IFO for a designated waste, a Steward or group of Stewards for the designated material may elect to submit an Industry Stewardship Plan (ISP) to WDO. Stewards who wish to establish a separate Industry Stewardship Plan under the WDA will be required to make application to WDO for approval to implement and operate their program. Under the WDA, WDO may approve an ISP if WDO is satisfied that the plan will achieve objectives that are similar to or better than the objectives of the waste diversion program for the designated waste that has been approved by the Minister. Upon approval of an the ISP by the WDO, the Steward is then responsible to implement the ISP and is exempt from the obligation to submit fees to the IFO responsible for implementation of the approved program for the designated waste. It is anticipated that program plans developed by IFOs will address, through the rules for Stewards, recovery systems already being operated by individual stewards when the material is designated under the WDA. The requirements for an ISP have been set out by the WDO ( Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 5

9 2.5 Proposed Phase 2 EEE Descriptions, Materials and Groupings For the purposes of Program Plan development for Phase 2 OES has modified and/or established new Phase 2 WEEE Material Groupings (categories) that encompass all of the 24 WEEE materials set out in the Final Program Request Letter. This approach is intended to: provide greater clarity for all stakeholders; simplify Steward reporting procedures; match with how WEEE will be collected, transported and processed; and provide consistency with OES Phase 1 WEEE Program, as well as other programs already operating or under development in other provinces. Table 2.1 outlines the proposed definitions of Phase 2 materials that OES will manage under the program, including a list of products that are included under the broad material groupings and products that are excluded and therefore not managed by OES. Please note that some existing Phase 1 material categories were modified to capture designated Phase 2 EEE. As such, Phase 2 modifications are indicated as underlined text in Table 2.1. Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 6

10 Table 2.1: Proposed Definitions of Phase 2 Materials Proposed Phase 2 Material Groupings Computer Peripherals Printing & Imaging Devices Telephones (Physical Connection) and Telephone Accessories Proposed Phase 2 Materials Definition* Disk drives, optical drives, modems, computer mouse and keyboards. (Modems are typically defined as devices that allow the connection of a LAN (local area network) to a WAN (wide area network) or to another LAN, for both residential and corporate application. This definition also then encompasses devices commonly referred to as gateways. Gateways utilize optical, microwave, broadband, digital and analog technologies.) Printing and imaging devices designed for independent use, or use in conjunction with personal computers, that photographically or electromechanically convert data (hard-copy or electronic) into an electronic image or hard-copy reproduction onto a medium (e.g. paper); requires electric power. Includes various technologies including Laser and LED, ink jet, dot matrix, thermal, dye sublimation, etc. and multi-function or all in one devices that perform different tasks such as copy, scan, fax, print. A telecommunication device with a handset or headset that is used for the transmission of sound (most commonly speech) between two or more people using a variety of technologies including wire-line telephones, and Voice over Internet Protocol (VoIP). Also includes telephone answering machines that are installed alongside, or incorporated within a wire-line telephone. Phase 2 Materials in O. Reg. 393/04 Schedule 2 5. CD-ROM drive 6. Computer disk drive 7. Computer keyboard 8. Computer mouse Schedule Modem Schedule Copier 25. Printer 27. Computer flatbed scanner 29. Typewriter Schedule 3 6. Fax machine Schedule Telephone (Cordless) 18. Telephone (Wire line) 20. Telephone Answering Machines Includes This includes replacement parts and those supplied as stand-alone products. CD-ROM, DVD, HD DVD and BluRay drives Disk drives Computer mouse Computer keyboard Wired cable, DSL, and ADSL modems Ethernet devices Wireless modems Internal modems and replacement modems for installation into Desktop and Portable Computers Routers Wireless routers Wireless access points Wireless bridges Desktop or portable computer scanners Desktop printers Portable PC-free photo printer Typewriter powered by AC power plug or by internal battery unit Camera dock printers Desktop label, barcode, card printers Desktop fax machines Multi-function or all-in-one devices that perform different tasks such as copy, scan, fax, print. Floor-standing printers Printers with optional floor stand Desktop photocopiers Floor-standing photocopiers Floor-standing Copy & Print devices Point of Sale (POS) receipt printers Handheld printers such as calculators with printing capabilities or label makers. Wire line telephones, including rotary and touch-tone technologies. Cordless telephones requiring an electrical base station/ handset cradle for battery charging and wire-line network connection. Satellite phones VoIP phones Answering machines that utilize cassette-based or digital recording technologies. Excludes Printing and imaging devices Image, Audio and Video players and recorders Internal components contained within the original desktop or portable computer at the time of supply. Network hubs Satellite networking devices Telephony devices (i.e. VoIP devices) Printing devices that are embedded into non-phase 1 and Phase 2 products, where the printing and/or imaging device is not the primary product. Non-electronic typewriters Commercial digital printing devices Wide-format digital printing devices Newspaper and industrial printing devices Printing devices capable of printing on media greater than 13 x 19 Telecommunication equipment developed for embedded use in motor vehicles or any type. Commercial-grade pay phones Voic / answering machine devices that utilize a centralized or networked system. Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 7

11 Proposed Phase 2 Material Groupings Cellular Phones, PDAs and Pagers (Mobile) Image, Audio and Video Players and Recorders Proposed Phase 2 Materials Definition* A handheld communication device that is able to access wireless internet, intranet, or extranet; Wi-Fi or WWAN network for transmission of voice or data. Includes a variety of technologies including mobile telephones, and Integrated Services Digital Network (ISDN). Devices that can record and/or playback an image, audio, or video using a variety of technologies including mechanical, optical and digital technologies. Peripheral audio devices that enable audio playback. These include recording and playback devices that utilize photographic film, magnetic tape, analogue vinyl (records), optical disk (CD, DVD, Blu-Ray), digital, and radio wave technologies to play and/or record image, audio and video. Phase 2 Materials in O. Reg. Includes 393/04 Schedule Personal Digital Assistant (PDA) (Cell-enabled) Schedule Pagers 16. Telephone (Cellular) Schedule 4 1. Amplifier 2. Audio Player (tape, disk, digital) 3. Audio Recorder (tape, disk digital) 4. Camera (film, tape, disk, digital) 5. Equalizer 10. Preamplifier 12. Radio 13. Receiver 14. Speaker 19. Tuner 20. Turntable 21. Video player or projector (tape, disk, digital) 22. Video Recorder (tape, disk, digital) Schedule Personal Handheld Computer 23. Personal Digital Assistant (PDA) (Non-cell-enabled) * Please note that these definitions are subject to change as the Program evolves over time. Cellular phones utilizing satellite, digital (ISDN) and/or Wi-Fi technologies. Cellular phones offering camera, video recording and/or audio functions Smart phones Palmtop computers PDA s utilizing touch-screen technology Handheld devices that are cellular-enabled. Audio cassette players and/or recorders Combination cassette recorders and players CD players and/or recorders Digital Video Disk (DVD) players and recorders MP3 Players Other Digital Audio Players/ Recorders (DAP) Video cassette players (VCR s) and/or video projectors Analog and digital video cameras and recorders Turntables (Record Players and gramophones) AM/FM Radios Digital and non-digital cameras, including webcams Digital picture frames Data projectors Home stereo amplifiers Speaker systems, including computer speakers Home stereo systems Home theatre audio and video equipment Audio and video devices for installation in motor vehicles aftermarket. Handheld personal computers Devices commonly called Ultra Mobile PCs (UMPC) that utilize a touch-sensitive screen between 4" and 7", and that can operate the same software as a standard computer (i.e. Windows) PDAs that are not communication-enabled or cellular compatible Motorcycle, snowmobile, and other helmets with audio headsets Excludes PDAs that are not enabled for communication or that are not cellularcompatible A wireless device that is functionally or physically part of a larger device or system designed and intended for use in an industrial, commercial, medical or governmental setting Walkie-talkies CD-writing drives contained within, or replacements parts for Desktop and Portable Computers. DVD-writing drives contained within, or replacement parts for Desktop and Portable Computers. Non-audio optical disk-players Optical disk drives included in the Computer Peripherals materials category Webcams embedded in Desktop Computers and Portable Computers. Cameras embedded in devices for which the primary function is not to record an image/ video. Audio and video equipment embedded in original equipment manufacturer (OEM) supplied motor vehicles of any type. Industrial/ commercial quality amplifiers, speakers and related equipment used for musical performances and/or public address. Cell-enabled PDAs Devices for which the primary design and function are for video-gaming purposes (As designated in Section 5 of O. Reg. 393/04). Global Positioning Systems (GPS) for both portable and aftermarket vehicle installation Home/ Non-Portable video-gaming devices Satellite, Cable, and Digital transmitters and receivers Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 8

12 2.5.1 Modems and Gateway Devices Modems and gateway devices are designated Phase 2 EEE classified under the Computer Peripherals material grouping category in addition to disk drives, optical drives, computer mouse and keyboards. Definition A modem is typically defined as a device that allows the connection of a LAN (local area network) to a WAN (wide area network) or to another LAN, for both residential and corporate application. This definition also encompasses devices commonly referred to as gateways. Gateways utilize optical, microwave, broadband, digital and analog technologies. This includes all modems and gateway devices supplied to individuals and to organizations for IC&I use. Phase 2 Includes: Wired cable, DSL, and ADSL modems Ethernet devices Wireless modems Routers Wireless routers Wireless access points Wireless bridges Replacement modems and gateway devices for installation into Phase 1 & Phase 2 EEE Phase 2 Excludes: Network hubs Satellite networking devices Telephony devices (i.e. VoIP devices) Modems and gateway devices that are embedded into non-phase 1 & Phase 2 EEE at the time of supply Modems and gateway devices embedded in products classified as Desktop Computers and Portable Computers under this Plan at the time of supply Copiers and Imaging Devices Printing and Imaging Devices is a revised material grouping category that replaces the Printing Devices category from the Phase 1 WEEE Program Plan. Designated Phase 2 EEE classified under the Printing and Imaging Devices material grouping category includes desktop and floorstanding copiers and printers, computer flatbed scanners, electric typewriters and hand-held printing devices in addition to EEE designated under Phase 1 EEE including printers and fax machines. Definition For the purpose of this Program, copiers and imaging devices includes devices for independent use, or use in conjunction with personal computers, that photographically or electromechanically convert data (hard-copy or electronic) into an electronic image or hard-copy reproduction onto a Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 9

13 medium (e.g. paper); and requires electric power. This category includes all printers and imaging devices supplied to individuals and to organizations for IC&I use. This category also includes various technologies including Laser and LED, ink jet, dot matrix, thermal, dye sublimation, etc. and multi-function or all in one devices that perform different tasks such as copy, scan, fax, print. Proposed Category Differentiation for Reporting and Fees The costs associated with the end-of-life management of printing and imaging devices can vary greatly, and for this reason a differentiated reporting and fee structure is proposed for this category to clearly distinguish the variances as follows: Printers & Imaging Devices -- Desktop (Models intended to reside on a work surface) -- Floor-Standing (intended or able to be a floor-standing model) Phase 2 Includes: Floor-standing copiers, printers, and multi-function devices Desktop copiers Electric typewriters Computer flatbed scanners (floor-standing and desktop) Hand-held printing devices Phase 2 Excludes: Printing, copying and imaging devices embedded in Non-Phase 1 and Non-Phase 2 products. Non-electric typewriters. Industrial/ commercial quality printing and imaging devices requiring professional on-site assembly Telephones and Telephone Accessories (Physical Connection) Telephones and Telephone Accessories (Physical Connection) represent a new material grouping category under the Phase 2 of the WEEE Program Plan. Definition Telephones and telephone accessories are defined as communication devices with a handset and/or headset that are used for the transmission of sound (most commonly speech) between two or more people using a variety of technologies including wire-line telephones, and Voice over Internet Protocol (VoIP). This category includes all telephones and telephone accessories supplied to individuals and to organizations for IC&I use. This category also includes telephone answering machines that are installed alongside, or incorporated within a wire-line telephone. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 10

14 Phase 2 Includes: Wire line telephones, including rotary and touch-tone technologies Cordless telephones requiring an electrical base station/ handset cradle for battery charging and wire-line network connection Satellite phones VoIP phones Answering machines that utilize cassette-based or digital recording technologies Phase 2 Excludes: Telecommunication equipment developed for embedded use in motor vehicles of any type. Commercial-grade pay phones Voic / answering machine devices that utilize a centralized or networked system Cellular phones, PDAs and Pagers Cellular Phones, PDAs and Pagers (Mobile) Cellular Phones, PDAs and Pagers (Mobile) represent a new material grouping category under Phase 2 of the WEEE Program Plan. Definition Cellular Phones, PDAs and Pagers include any handheld communication device able to access wireless internet, intranet, or extranet, Wi-Fi or WWAN network for transmission of voice or data. This category includes all cellular phones, PDAs and pagers supplied to individuals and to organizations for IC&I use. This category also includes a variety of technologies including mobile telephones, and Integrated Services Digital Network (ISDN). This category includes all monitors supplied to individuals and to organizations for IC&I use. Phase 2 Includes: Cellular phones utilizing satellite, digital (ISDN) and/or Wi-Fi technologies. Cellular phones offering camera, video recording and/or audio functions Smart phones Palmtop computers PDA s utilizing touch-screen technology Handheld devices which are cellular-enabled. Phase 2 Excludes: PDAs that are not enabled for communication or that are not cellular-compatible A wireless device that is functionally or physically part of a larger device or system designed and intended for use in an industrial, commercial, medical or governmental setting Walkie-talkies Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 11

15 2.5.5 Image, Audio and Video Players and Recorders Image, Audio and Video Players and Recorders represents a new material grouping category under the Phase 2 of the WEEE Program Plan. Definition The Image, Audio and Video Players and Recorders material grouping category includes devices that can record and/or playback an image, audio, or video using a variety of technologies including mechanical, optical and digital technologies. It also includes peripheral audio devices that enable audio playback, as well as recording and playback devices that utilize photographic film, magnetic tape, analogue vinyl (records), optical disk (CD, DVD, Blu-Ray), digital, and radio wave technologies to play and/or record image, audio and video. This category includes all image, audio, and video players and recorders supplied to individuals and to organizations for IC&I use. Proposed Category Differentiation for Reporting and Fees The costs associated with the end-of-life management of image, audio and video devices can vary greatly, and for this reason a differentiated reporting and fee structure is proposed for this category to clearly distinguish the variances as follows: Image, Audio & Video Players & Recorders -- Personal/ Portable -- Home/ Non-Portable -- Home Theatre in a Box (HTB) -- Aftermarket Vehicle Phase 2 Personal/ Portable sub-category includes, but is not limited to the following: Hand-held and/or portable image, audio, and video players (cassette, CD, DVD, MP3, Blu-Ray, etc.) Hand-held and/or portable image, audio, and video recorders (cassette, CD, DVD, MP3, Blu-Ray, etc.) Hand-held and/or portable AM/FM radios Portable cameras and video cameras (film, tape, disk, webcam and digital) Portable data projectors Hand-held personal computers (commonly called UMPC s) PDAs that are not cell-enabled Portable speakers/ headphones Motorcycle, snowmobile and other helmets with embedded audio headsets Phase 2 Home/ Non-Portable sub-category includes, but is not limited to the following: Home and/or non-portable image, audio, and video players (VHS, cassette, CD, DVD, MP3, Blu-Ray, etc.) Home and/or non-portable image, audio, and video recorders (VHS, cassette, CD, DVD, MP3, Blu-Ray, etc.) Turntables/ Gramophones Home and/or non-portable AM/FM radios Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 12

16 Non-portable cameras and video cameras Non-portable projectors (data, overhead, etc.) Amplifiers and preamplifiers Non-portable speakers (including computer speakers) Equalizers Tuners Receivers Phase 2 Home Theatre in a Box (HTB) sub-category includes, but is not limited to the following: Bundled combinations of any of the following home/ non-portable audio/video products*: - Home and/or non-portable image, audio, and video players (VHS, cassette, CD, DVD, MP3, Blu-Ray, etc.) - Home and/or non-portable image, audio, and video recorders (VHS, cassette, CD, DVD, MP3, Blu-Ray, etc.) - Amplifiers and preamplifiers - Non-portable speakers (including computer speakers) - Equalizers - Tuners - Receivers - Other non-portable digital audio players/ recorders (DAP) *Specific bundle options for reporting and fee-setting purposes are still to be determined and will be described in the Draft Preliminary Phase 2 Program Plan. Phase 2 Aftermarket Vehicle sub-category includes, but is not limited to the following: Any Image, Audio and Video Players and Recorders product designed for individual sale and aftermarket installation into automobiles, boats, motorcycles, and other motor vehicles. Phase 2 Excludes: Image, audio and video players and recorders embedded into Desktop and Portable Computers under this Plan. Image, audio and video players and recorders embedded into Non-Phase 1 and Non- Phase 2 products. Replacement disk drives (CD and DVD players and recorders) for installation into Desktop and Portable Computers under this Plan. Audio and video equipment embedded in original equipment manufacturer (OEM) supplied motor vehicles of any type. Cameras and video cameras embedded in devices for which the primary function is not recording an image/ video. Cell-enabled PDAs. Industrial/ commercial quality amplifiers, speakers and related equipment used for musical performances and/or public address. Satellite, cable, and digital transmitting and receiving equipment. Global Positioning System (GPS) devices, both portable and for installation in vehicles aftermarket. Devices for which the primary intended functions are for video gaming purposes. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 13

17 2.6 WEEE Discard Model Description Section 9 of the Addendum to the Minister s Program Request Letter requires OES to include the anticipated collection and diversion targets for the first five years of the program for each WEEE item. To meet this requirement, the quantity of WEEE available for collection must be estimated on an annual basis. These estimates have been prepared using the WEEE Discard Model developed by Kelleher Environmental. Please refer to Appendix 7 of the Phase 1 WEEE Program Plan. The model, intended as a planning tool to estimate the quantity of WEEE by type that will become available for collection or be discarded in a given year, has previously been used by: Electronic Product Stewardship Canada (EPSC) Waste Diversion Ontario (WDO) 2005 WEEE Study Environment Canada Electronics Recycling Alberta (ERA): managed by ARMA OES: development of the Phase 1 Ontario WEEE Program Plan Saskatchewan Waste Electronic Equipment Program (SWEEP), Atlantic Canada Electronics Stewardship (ACES), and Electronics Stewardship Association of British Columbia: Inter-provincial Phase 2 WEEE Study As noted above, the discard model was recently used by OES in the development of the Phase 1 Ontario WEEE Program Plan and has now been further customized and modified to the product categories subject to the Phase 2 Ontario WEEE Program Plan. Results from the interprovincial Phase 2 WEEE study were used to estimate average weights, lifespans, and reuse, storage and disposal assumptions for inclusion in the Phase 2 discard model calculations ( Inputs used to determine Ontario WEEE discard projections use the best available data for: Annual unit sales data for each product; Estimates of the first lifespan for each product (time period its first user keeps it in productive use); Assumptions on the typical fate of the product at the end of its first life (percentage of the product that is reused, put in storage or disposed); Years the product remains in reuse or storage prior to final discard; and Product unit weights based on average published and measured sources. The following sections of the report describe the sources of data and assumptions used in the Ontario Phase 2 WEEE Discard Model. Discards of electronics into the Ontario waste stream are estimated using the following approach: Products are assumed to last a specific first life in years; At the end of the first life, products are either: Stored; Reused; or Disposed. Where products are stored or reused, a second life of an additional number of years is assumed which may be different for storage versus reuse. It is assumed that all products are discarded at the end of their second life. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 14

18 Products discarded in any given year are therefore made up of: Products which were discarded at the end of their first life plus Products which were stored and reused for a number of years and are now being discarded at the end of their second life. As demonstrated in the inter-provincial study for Phase 2 WEEE, it was assumed that all Phase 2 products would stay in storage for an additional 3 years after their first life, before being discarded. In addition, it was assumed that 40% of products sold into Ontario would be reused (second life) for an additional 1.5 years. Lifespans for each Phase 2 product were taken from various sources, including previous lifespan studies and the recent United States Environmental Protection Agency (USEPA) Electronics Study (2007) While the Ontario Phase 2 WEEE Discard Model relies on a number of assumptions of average lifespan, material weight and sales projections, it remains the accepted methodology for estimating the quantity of Phase 2 WEEE that is available for collection. For consultation purposes, the WEEE Discard Model was not included in this posting. However it will be included in the Draft Preliminary Revised WEEE Program Plan that will be posted on March 16, In the interim stakeholders should refer to Appendix 7 of the Phase 1 WEEE Program Plan. 2.7 Preliminary Phase 2 EEE Supplied for Use in Ontario In the Program Request Letter, the Minister specified that the program plan shall describe and include an assessment of: A breakdown of the quantity of electronic equipment items supplied for use in Ontario; and, An estimate of the quantity of each WEEE generated under the Program that is available for collection. There is no comprehensive reporting mechanism currently in place in Ontario to assist OES in quantifying either Phase 2 EEE supplied or Phase 2 WEEE generation. Several options were evaluated to address the requirement to provide EEE sold and WEEE generated in the Program Plan: Updating estimates based on the data provided in the 2005 WDO WEEE study; Purchasing sales data from commercial market research companies; Updating sales and supply estimates and projection data compiled in the Inter-provincial Phase 2 study commissioned by SWEEP, ACES, and ESABC ( and Combinations of these options. In reviewing these options, it was determined that a combined approach would be required. OES determined that, wherever possible, the most appropriate and accurate source available for Ontario program planning and for Steward fee setting would be to use the baseline data provided in the inter-provincial Phase 2 study. EEE sales estimates for Ontario have been Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 15

19 extrapolated from Canada-wide data provided in the inter-provincial study on a percentage-ofpopulation basis. However, EEE designated in Ontario differs from EEE designated under the SWEEP, ACES and ESABC programs. In order to assess sales and supply of EEE specific to Ontario alone, OES issued an RFP for Sales and Supply Data for Phase 2 WEEE to commercial market research companies in December Results of this RFP and subsequent report submissions will be included in the calculation of final Phase 2 EEE supply and available for collection estimates. OES has contacted Phase 2 EEE Stewards and steward associations to generate additional data and information on supply and sales of specific Phase 2 products, as well as information on end-of-life collection and management processes for these products. Finally, where no other data are available, OES will update estimates for Phase 2 WEEE sales and supply based on the data provided in the 2005 WDO WEEE Study. Tables 2.2 presents the preliminary baseline and projected tonnes of EEE supplied into the Ontario marketplace, commencing with the 2008 baseline year and continuing for the first three (3) years of Phase 2 of the WEEE Program. While OES will include projections for the first five (5) years of the Program in future postings, preliminary data only allows for three years of meaningful projections at this time. Please note that additional data are required for every material category, and refinement of these data will continue throughout the plan development process. Please note that OES is still in the process of obtaining data on several Phase 2 EEE categories. The data provided in Table 2.2 are not final. Table 2.2: Preliminary Quantity of Phase 2 EEE Supplied for Use in Ontario (Tonnes) Material Category Supplied Into Ontario Baseline Year 1 Year 2 Year 3 (tonnes) Computer Peripherals (Phase 2 Only) Printing and Imaging Devices 10,098 10,092 10,138 10,215 Desktop (includes Phase 1 and 2) 9,409 9,471 9,604 9,754 Floor-Standing Telephones and Telephone Accessories 3,297 3,323 3,348 3,374 Cellular Phones, PDAs and Pagers ,052 1,153 Image, Audio, Video Players and Recorders 21,390 21,498 21,623 21,733 Personal/Portable 2,830 2,845 2,859 2,875 Home/Non-portable 14,627 14,676 14,752 14,803 Home theatre in a Box 3,933 3,976 4,013 4,056 Aftermarket Vehicle No Data Currently Available Total 35,652 35,903 36,203 36,516 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 16

20 2.8 Preliminary Phase 2 WEEE Available for Collection Using the data from the WEEE Discard Model, estimates of the amount of these materials that will be available for collection have been developed and used to project collection and diversion targets. Table 2.3 presents estimates of the quantities of Phase 2 WEEE available for collection (or discarded) each year for the first three (3) years of the Phase 2 Program. While OES will include projections for the first five (5) years of the Program in future postings, preliminary data only allows for three years of meaningful estimates at this time. Please note that tonnage calculations were based on weighted average unit weights for each product as a percentage of the total material grouping category. Please note that OES is still in the process of obtaining data on several Phase 2 EEE categories. The data provided in Table 2.3 are not final. Table 2.3: Quantity of Phase 2 WEEE Available for Collection Material Category Available for Collection Baseline Year 1 Year 2 Year 3 (tonnes) Computer Peripherals (Phase 2 Only) Printing and Imaging Devices 6,829 8,580 10,110 10,359 Desktop (includes Phase 1 and 2) 6,562 7,954 9,314 9,479 Floor-Standing Telephones and Telephone Accessories 2,136 2,537 2,826 3,272 Cellular Phones, PDAs and Pagers Image, Audio, Video Players and Recorders 11,553 13,262 13,856 15,833 Personal/Portable 2,138 2,158 2,244 2,203 Home/Non-portable 9,032 10,568 10,765 12,177 Home theatre in a Box ,453 Aftermarket Vehicle No Data Currently Available Total 20,790 24,429 27,429 30,183 The volumes of WEEE available for collection include both WEEE clearly attributable to an existing Steward, and obsolete WEEE. Obsolete WEEE refers to WEEE technologies that are no longer supplied or sold for consumer use. The costs of any obsolete WEEE technology shall be applied to the successive product technology under the Program. The concept of successive product technology allows OES to apply the costs associated with the management of obsolete WEEE collected under the WEEE Program to the Steward fees for the obligated EEE device that followed and/or replaced, totally or in part, the function or intended purpose of the obsolete WEEE device, as specified in the Phase 1 and Phase 2 Product Definitions. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 17

21 Figure 2.1 shows the difference between the preliminary quantities of Phase 2 EEE sold into the Ontario marketplace as compared to the preliminary quantity of Phase 2 WEEE that is available for collection. While there is a correlation between the sales in a given year and the material discarded, they are not equivalent because of many factors that include population growth, changing technology, changing lifestyles, and differential reuse activity by category. Differences between supply quantities shown in Table 2.2 and the projected discards shown in Table 2.3 depend on the assumptions from the Lifespan Model related to how the material will be discarded over time at the end of its first and second lifespan. Figure 2.1: Comparison of the Preliminary Total Quantity of Phase 2 EEE Supplied in Ontario and Total WEEE Available for Collection 40,000 35,000 30,000 25,000 Tonnes 20,000 15,000 10,000 5,000 Supplied Into Ontario Available for Collection 0 Baseline Year 1 Year 2 Year Proposed Collection Channels for the Phase 2 WEEE Program Collection of Phase 2 WEEE will utilize the collection channels established for the Phase 1 WEEE Program, as well as several new collection channels that are currently being evaluated as a result of Phase 2-specific considerations. Collection channels from the Phase 1 WEEE Program that will continue to accommodate Phase 1 and Phase 2 WEEE materials may include: Brand owners, First Importers, and/or Manufacturers Includes take-back programs, customer returns, and end-of-lease material. Retailers Includes voluntary take-back programs, retailer-run special collection events, customer returns, and OES Round-Up events. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 18

22 Municipalities Includes established depots, municipally-run collection events, municipal household pick-up, and OES Round-Up events. Second- Hand Organizations, Waste Management and Recycling Companies Includes established depots and household pick-up. OES-Approved Reuse/ Refurbishment/ Processing Organizations acting as Collectors Includes locations that are accessible to the public as collection sites. Direct-Shipment IC&I Generators Includes the direct shipment of WEEE from generators to Consolidation Centres and/or Processors. The unique nature of some Phase 2 WEEE creates new opportunities for collection channels under the WEEE Program. Some of the potential collection channels being considered for Phase 2 WEEE include, but are not limited to, the following: Reuse/ Refurbishment Channel Partnerships Includes options for OES to enter into partnerships with existing organizations to enable greater reuse/ refurbishment options under the Program. IC&I Channel to Reuse/ Refurbishment Organizations Introduces the option for IC&I channels to direct WEEE, from which data has already been erased, for reuse/ refurbishment rather than recycling. Handheld WEEE Channel Includes collection through OEMs, retailers, institutions (schools; universities; etc.), and commercial facilities (office buildings; malls; etc.). Floor-Standing Copiers/ Printers Channel Includes direct collection channels with OEMs, and IC&I facilities (office buildings; institutions; etc.). OES encourages stakeholders to comment on these proposed collection channels for Phase 2 WEEE, and to include any additional recommendations that will assist OES in the development of a comprehensive collection network for all designated WEEE WEEE Program Support for Reuse Initiatives The WDA encourages a 3Rs approach (Reduction, Reuse and Recycling) to managing designated wastes and this is reflected in the WEEE Program Plan Potential Reuse Alternatives To address the reuse component of Phase 2 Program Plan development, OES has identified a number of activities to facilitate reuse. Electronic Materials Exchange Network A materials exchange network is an online exchange network that allows users to post materials they wish to sell, as well as search for materials to purchase. In the context of the WEEE Program Plan, an online electronic materials exchange network would enable generators of WEEE to engage in the resale of their unwanted electronics to other Ontarians. Not only does Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 19

23 this create new opportunities for the reuse of unwanted electronics, but also enables OES to monitor and track reuse activities taking place within Ontario. Online WEEE End-Use Search Database As part of Phase 1 WEEE Program implementation, OES is developing an online tool that will allow WEEE generators to search, by postal code, the WEEE collection sites in their area. As an enhancement to this online search tool under Phase 2, generators would also be able to search for local collection sites by their preferred end-use option: refurbishment vs. reuse vs. recycling. As such, generators of WEEE will be empowered and enabled to easily direct their WEEE for reuse, refurbishment, and charitable options as they prefer. New WEEE Management Channel: Direct IC&I-to-Reuse/ Refurbishment Many IC&I organizations in Ontario currently have arrangements for the direct shipment of their WEEE to reuse and refurbishment organizations. By creating a new channel under the WEEE Program Plan to accommodate these kinds of WEEE management arrangements, OES will not only create new opportunities for the reuse of IC&I-generated WEEE, but will also improve the tracking and monitoring of reuse activities taking place within Ontario. WEEE Component Reuse The introduction of Phase 2 WEEE creates new opportunities for the inclusion of component reuse initiatives under the WEEE Program Plan. Among the WEEE components with reuse potential, rechargeable batteries contained within laptops, cell phones, and PDAs are of particular interest, largely due to the fact that many handheld reuse/ refurbishment companies currently report reuse of 10% - 20% of cell phone batteries collected. OES intends to investigate this opportunity further, and invites all stakeholders to provide additional information and data that may be available on this issue Barriers to Reuse of WEEE A major barrier to reuse of WEEE in North America is that many reuse/ refurbishment organizations and charitable organizations do not accept old WEEE and/or WEEE with low performance specs. Much of the WEEE anticipated to be collected under Phase 2 may have very low reuse value. It is essential to note that, although low performance WEEE not accepted by North American organizations may be welcomed in developing countries, any options considered by OES must be compliant with OES Electronics Reuse/ Refurbishment Standard and/or OES Electronics Recycling Standard. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 20

24 3.0 Constant Elements Maintained from Phase 1 of the WEEE Program The WEEE Program Plan that OES will be submitting to WDO and the MOE on July 10, 2009 will be a revised WEEE Program Plan that encompasses both Phase 1 and Phase 2 WEEE. While some elements of the Phase 1 WEEE Program Plan are being reviewed for possible modification, there are key elements of the Phase 1 WEEE Program Plan that will not change and will be applied to both Phase 1 and Phase 2 of the WEEE Program Plan. The elements that will not be addressed during Phase 2 consultation are outlined in this section. It is recommended that stakeholders refer to the Phase 1 WEEE Program Plan for greater detail. The Phase 1 WEEE Program Plan can be found on the OES website, or by clicking on the link: Phase 1 WEEE Program Plan elements that are not anticipated to change: Designation of Stewards and Discharging Steward Obligations under the WDA - Please refer to Sections 1.4 and 1.5 of the Phase 1 WEEE Program Plan Steward Registration and Reporting Procedures - Please refer to Section 5.11 of the Phase 1 WEEE Program Plan OES Compliance and Enforcement Procedures - Please refer to Section 5.12 of the Phase 1 WEEE Program Plan OES Reuse, Refurbishment and Processing Standards (ERS) and Guidelines - Please refer to Section 5.4 of the Phase 1 WEEE Program Plan, as well as Appendices 9a, 9b, 9c, 10a and 10b of the Phase 1 WEEE Program Plan Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 21

25 4.0 Material Changes to the Phase 1 WEEE Program Plan for Consultation OES has identified several elements of the Phase 1 WEEE Program Plan that will be presented for consultation with stakeholders and possible amendment under the revised WEEE Program Plan. These Program elements include items that OES has committed to review in the Phase 1 WEEE Program Plan, as well as other Program elements that have been identified during Phase 1 implementation activities and Phase 2 Program Plan development. Stakeholders are invited to review and submit comments and feedback on each of these Program elements. It is the intention of OES to develop a comprehensive, effective, and efficient WEEE Program Plan, and productive stakeholder participation is an essential part of this process. 4.1 Proposed Fee-Setting Methodology Under the revised WEEE Program Plan, the fee-setting methodology will have to reflect the inclusion of Phase 2 WEEE that was not considered in the fee-setting methodology developed for Phase 1. Accordingly, revisions to the Phase 1 WEEE Program Plan fee-setting methodology are required. Please refer to Section 6.0 of the Phase 1 WEEE Program Plan Authority Under the WDA the Industry Funding Organization for an approved Program Plan may assess fees against companies designated as Stewards under the plan. Section 30 of the Act sets out the powers for fee setting as follows: 30. (1) If an industry funding organization is designated by the regulations as the industry funding organization for a waste diversion program, the organization may make rules, (a) designating persons or classes of persons as Stewards in respect of the designated waste to which the waste diversion program applies; (b) setting the amount of the fees to be paid by Stewards under subsection 31 (1) or prescribing methods for determining the amount of the fees; (c) prescribing the times when fees are payable under subsection 31 (1); [2002, c.6, s.30 (1) Phase 1 and Phase 2 WEEE Material Groupings There will be Steward Fees for each of nine WEEE material groups based on guiding principles to avoid cross subsidization: 1. Desktop Computers 2. Monitors 3. Portable Computers 4. Televisions 5. Computer Peripherals 6. Printing & Imaging Devices 7. Telephones & Telephone Accessories 8. Cellular Phones, PDAs and Pagers 9. Image, Audio & Video Players & Recorders Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 22

26 4.1.3 Principles For Phase 1, an OES-coordinated Steward task group identified five guiding principles for this fee-setting process: 1) There should be no cross-subsidization of management costs across WEEE groups. 2) Stewards fees will be based on EEE units supplied in the Program year but will cover the projected cost to manage the WEEE being managed through the Program in that year. 3) Fee setting is to begin with the cost to manage each WEEE group under the Program as determined by a transparent cost allocation methodology. 4) Material-specific fees may then be modified to achieve (a) the overarching Program policy goal to divert waste from disposal and (b) material specific policy goals including achieving targets established for accessibility, collection, reduction, reuse, and recycling. 5) Common and shared OES costs will be assessed across all Stewards in a fair and transparent manner. These guiding principles will continue to be used to develop the fee-setting methodology going forward, and in addition will include, as outlined in Section 2.8, the principle of successive product technology as a guiding principle in the development of the fee-setting methodology for the Revised WEEE Program Plan Fee-Setting Methodology Review for the Revised WEEE Program Plan Revisions to the WEEE Fee Setting Methodology upon inclusion of Phase 2 or other possible products shall be developed following public consultation by OES and will be submitted for consideration and approval to the WDO Board and the Minister. Specific components of this review shall include, but are not limited to: Modifications to allow for the establishment of a reserve fund and/or establishing a larger contingency factor to reflect greater uncertainty in regards to product sales, materials revenues and program costs given uncertain economic conditions; Consideration of the impacts of a recessionary market of sales forecasts; Revised research and development needs; Revised program incentive payments; Appropriate sharing of Phase 1 Program development, administration, and common infrastructure costs among Phase 1 and Phase 2 Stewards. 4.2 Governance As with the submission of the Phase 1 Program Plan, the Phase 2 Program Plan will include a proposal for a regulation governing the composition and appointment of the board of directors of OES which reflects the composition of registered Stewards. Please refer to Section 9.0 of the Phase 1 WEEE Program Plan. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 22

27 The current OES Board of Directors consists of: Nick Aubry -- Sony of Canada Ltd. (Chair) Peter Balyck Canon Canada Inc. Jennifer Barbazza Wal-Mart Canada Corp. David Bois Home Hardware Stores Limited Lloyd Bryant Hewlett Packard (Canada) Co. Christa Copeland Best Buy Canada Ltd. Peter Skubna Hudson s Bay Company Garry Travers IBM Canada Ltd. Current OES Observers are: Rachel Kagan Retail Council of Canada (RCC) Nathan MacDonald Electronics Product Stewardship Canada (EPSC) OES will assess the marketplace to ensure Stewards are adequately represented on the OES Board, including consideration of the range of Stewards such as OEMs, value-added resellers, retailers and others. If changes are deemed to be required, a methodology for selection and a proposal will be made to the Minister for a regulation that would amend the composition of the board of directors. 4.3 Treatment of Materials Covered Under Other Regulations The inclusion of Phase 2 WEEE under the WEEE Program Plan introduces the potential for the OES program to capture materials designated for inclusion in other WDO approved programs. Of specific concern are the components that must be removed from WEEE prior to processing, namely rechargeable batteries and fluorescent and mercury bulbs, all of which are designated under the Municipal Hazardous or Special Waste Program. OES will engage Stewardship Ontario to discuss the potential to reconcile the costs incurred by OES for the management of materials designated under the Municipal Hazardous or Special Waste Program. Stakeholders are encouraged to provide information and comments on the costs and possible management of such overlapping materials. 4.4 WEEE Collection and Management System The expansion of collection channels for both Phase 1 and Phase 2 WEEE, as described in Section 2.9, will result in material changes to OES collection system described in Section 5.2 of the Phase 1 WEEE Program Plan. In addition, feedback from stakeholders throughout Phase 1 Program Plan development and implementation has led OES to review the requirement for consolidation of WEEE prior to sending for primary processing. Please refer to Section 5.3 of the Phase 1 WEEE Program Plan for context. Specifically, OES will consider changes to the Program which may allow for direct shipment of WEEE from approved collection sites to approved OES processors. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 23

28 Stakeholders are encouraged to provide comments on both the issues of proposed new collection channels, as well as the requirement for consolidation for all WEEE. 4.5 Program Incentives Stakeholder feedback during Phase 1 Program Plan development, as well as the economic changes that have occurred throughout 2008, have led OES to review the program incentives described in Section 5.1 of the Phase 1 WEEE Program Plan. In addition, the potential changes to the WEEE collection and management system identified in Section 4.4 could result in changes to the type and amount of incentives included under the revised WEEE Program Plan. Stakeholders are encouraged to provide comments on both the program incentives as they exist under the Phase 1 Program Plan, as well as other feedback and suggestions to enhance the revised WEEE Program Plan. 4.7 Allocation Methodology for WEEE Processing Section 5.6 of the Phase 1 WEEE Program Plan specified the methodology by which WEEE collected for recycling would be allocated to Processors approved by OES. A review of this allocation process will be undertaken by OES to ensure that Program objectives are effectively met. The review process will include feedback from the OES-Service Provider Committee, as well as comments submitted during Phase 2 consultation. Specific elements of the allocation methodology that will be reviewed may include, but are not limited to: Establishing a minimum score to be selected as a processor; Establishing a maximum percentage of total tonnage to be allocated to any one service provider; Changing the scoring criteria weightings to create additional incentives for improved environmental performance; Changing the composition of the WEEE bid-lot categories to reflect improved Phase 1 material data and/or with the introduction of Phase 2 materials; Changing the frequency of bids (from every 18 months) and/or the contract term (from 18 months); Introducing a vendor of record system under which OES would select processors from the list of vendors of record to provide processing services at a quoted price during a specified time period; Assessment of opportunities to transport directly from collection sites to approved processors where system integrity can be assured. Stakeholders are encouraged to provide comments on the allocation process as it exists under the Phase 1 Program Plan, as well as other feedback and suggestions to enhance the allocation of WEEE for processing under the revised WEEE Program Plan. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 24

29 4.8 Other Possible Amendments In addition to the possible amendments specified in the preceding Sections, OES has identified additional elements of the Phase 1 WEEE Program Plan that are included for consultation. These possible amendments include: Approval for out-of-province service providers; Collection incentive amount of $165/ tonne; R&D priorities and funding; P&E activities, initiatives and funding (educate and empower final users as a priority); Accessibility targets; Sorting and packaging requirements; Audit requirements pertaining to disclosure of information between processors; Criteria and expectations regarding OES Round-Up Events; Mechanisms to encourage reuse/refurbishment; Incentives to promote reduction and Design for Environment; Data security/ privacy policy/ and OES liability. Stakeholders are encouraged to provide comments and suggestions on each of the possible amendments identified above. Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 25

30 5.0 Stakeholder Participation and Next Steps Stakeholder participation is a crucial element in the planning and development of the Revised WEEE Program Plan. The following section outlines the Revised WEEE Program Plan development timelines as well as opportunities for stakeholder participation. 5.1 Key Dates for the Revised WEEE Program Plan Development and Consultation The Revised WEEE Program Plan must be submitted to the Minister of Environment on July 10, Please refer to the OES website for all information and updates on the Revised WEEE Program Plan development and consultation process: January 21, 2009 February 4, 2009 March 16, 2009 March 31, 2009 May 15, 2009 June 12, 2009 July 10, 2009 Revised (Phase 1 & 2) WEEE Program Document for Consultation posted to the OES website for comment. Workshop/ Webcast Consultation #1: Stakeholders can register to attend this event, in person or online, on the OES website. Draft Preliminary Revised WEEE Program Plan submitted to WDO and posted to the OES website for comment. (Tentative) Workshop/ Webcast Consultation #2: Stakeholders will be notified of registration process for this event once details are confirmed. Draft Revised WEEE Program Plan submitted to WDO and posted to the OES website. Draft Final Revised WEEE Program Plan submitted to WDO and posted to the OES website. Final Revised WEEE Program Plan submitted to the Minister of Environment by WDO. 5.2 Stakeholder Participation and Feedback Stakeholders are encouraged to review this document in its entirety and to submit their comments and feedback to OES by visiting the OES website and completing an online stakeholder survey. This survey will be available on the OES website after Friday January 23, Please visit the website: Stakeholders are also encouraged to attend the first Workshop/ Webcast on February 4, 2009, either in person or online via webcast. More information on the Workshop/ Webcast #1 can be found on the OES website at: Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 26

31 Appendix 1: Ontario Regulation 393/04 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 27

32 ONTARIO REGULATION 393/04 made under the Waste Diversion Act, 2002 Made: December 14, 2004 Filed: December 14, 2004 Printed in The Ontario Gazette: January 1, 2005 WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT Interpretation 1. In this Regulation, waste electrical and electronic equipment means a device that is waste, that required an electric current to operate and that is, (a) a household appliance, whether used inside or outside a home, including any device listed in Schedule 1, (b) information technology equipment, including any device listed in Schedule 2, (c) telecommunications equipment, including any device listed in Schedule 3, (d) audio-visual equipment, including any device listed in Schedule 4, (e) a toy, leisure equipment or sports equipment, including any device listed in Schedule 5, (f) an electrical or electronic tool, including any device listed in Schedule 6, but not including a large-scale stationary industrial tool, or (g) a navigational, measuring, monitoring, medical or control instrument, including any device listed in Schedule 7, but not including any implanted or infected medical instrument. Designation 2. Waste electrical and electronic equipment is prescribed as a designated waste for the purposes of the Act. Schedule 1 household appliances 1. Air purifier 2. Air conditioner 3. Answering machine 4. Barbeque starter 5. Blender 6. Bottle or can dispenser 7. Can opener Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 28

33 8. Carpet sweeper 9. Clock 10. Clothes dryer 11. Clothes washer 12. Coffee grinder 13. Coffee maker 14. Curling iron 15. Dehumidifier 16. Dishwashing machine 17. Electric hot plate 18. Fan 19. Food processor 20. Freezer 21. Fryer 22. Glue gun 23. Hair dryer 24. Heat gun 25. Heater 26. Hot drink dispenser 27. Humidifier 28. Iron 29. Kettle 30. Knitting machine 31. Microwave oven 32. Mixer 33. Radiator 34. Razor 35. Refrigerator 36. Scissors 37. Sewing machine 38. Slicing machine 39. Solid product dispenser 40. Stove 41. Toaster 42. Toaster oven 43. Toothbrush 44. Vacuum cleaner Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 29

34 45. Vacuum sealer 46. Watch 47. Water purifier 48. Weaving machine 49. Weigh scale Schedule 2 INFORMATION TECHNOLOGY EQUIPMENT 1. Analog computer 2. Automatic teller machine (ATM) 3. Bar code scanner 4. Calculator 5. CD-ROM drive 6. Computer disk drive 7. Computer keyboard 8. Computer mouse 9. Computer terminal 10. Copier 11. Joystick 12. Mainframe computer 13. Microcomputer 14. Minicomputer 15. Monitor (CRT) 16. Monitor (LCD) 17. Monitor (Plasma) 18. Personal computer (Desktop) 19. Personal computer (Handheld) 20. Personal computer (Laptop) 21. Personal computer (Notebook) 22. Personal computer (Notepad) 23. Personal digital assistant (PDA) 24. Point-of-sale (POS) terminal 25. Printer 26. Computer router 27. Computer flatbed scanner 28. Typewriter Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 30

35 Schedule 3 TELECOMMUNICATIONS EQUIPMENT 1. Antenna, transmitting or receiving 2. Broadcast equipment (including studio), for radio or television 3. Cable television transmitting or receiving equipment 4. Citizens band (CB) radio 5. Closed circuit television equipment 6. Fax machine 7. Global positioning system (GPS) 8. Infrared wireless device 9. Intercom system 10. Local area network (LAN) communication equipment 11. Modem 12. Pager 13. PBX (private branch exchange) 14. Satellite television transmitting or receiving equipment 15. Switching equipment 16. Telephone (Cellular) 17. Telephone (Cordless) 18. Telephone (Wire line) 19. Telephone answering machine 20. Telephone carrier line equipment 21. Telephone carrier switching equipment 22. Telex machine 23. Traffic signal 24. Wide area network communications equipment Schedule 4 AUDIO-VISUAL EQUIPMENT 1. Amplifier 2. Audio player (tape, disk, digital) 3. Audio recorder (tape, disk, digital) 4. Camera (film, tape, disk, digital) 5. Equalizer 6. Headphone 7. Microphone Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 31

36 8. Mixing board 9. Musical instrument 10. Preamplifier 11. Public address system 12. Radio 13. Receiver 14. Speaker 15. Television (CRT) 16. Television (LCD) 17. Television (Plasma) 18. Television (Rear projection) 19. Tuner 20. Turntable 21. Video player or projector (tape, disk, digital) 22. Video recorder (tape, disk, digital) Schedule 5 TOYS, LEISURE EQUIPMENT AND SPORTS EQUIPMENT 1. Action figure and accessories 2. Arts, crafts or hobby device 3. Building set 4. Doll 5. Game or puzzle 6. Infant or preschool toy 7. Learning or exploration toy 8. Outdoor or sports toy 9. Plush toy 10. Vehicle 11. Video game and accessories Schedule 6 ELECTRICAL AND ELECTRONIC TOOLS 1. Bender 2. Blower 3. Cutter Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 32

37 Schedule 7 4. Disperser 5. Drill 6. Fastener 7. Folder 8. Grinder 9. Hammer 10. Joiner 11. Lathe 12. Lawn mower 13. Mill 14. Nail gun 15. Nibbler 16. Planer 17. Polisher 18. Punch 19. Riveter 20. Router 21. Sander 22. Saw 23. Screwdriver 24. Shear 25. Soldering gun 26. Sprayer 27. Spreader 28. Staple gun 29. Trimmer 30. Vacuum 31. Welder 32. Wrench NAVIGATIONAL, MEASURING, MONITORING, MEDICAL OR CONTROL INSTRUMENTS 1. Alarm system 2. Analyzer 3. Automatic environmental controller or regulator 4. Cardiology equipment 5. Dialysis equipment Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 33

38 6. Drafting instrument 7. Fertilization tester 8. Fire detection and alarm system 9. Freezer 10. Hearing aid 11. Heating regulator 12. Humidistat 13. Instrument for industrial process control 14. Irradiation equipment 15. Laboratory analytical instrument 16. Laboratory equipment for in-vitro diagnosis 17. Medical equipment, ultrasonic 18. Medical radiation therapy equipment 19. Meteorological instrument 20. Meter 21. Nuclear medicine equipment 22. Oscilloscope 23. Process controller 24. Pulmonary ventilator 25. Radiation detection or monitoring instrument 26. Radiotherapy equipment 27. Refractometer 28. Scanner (CT/CAT) 29. Scanner (MRI) 30. Scanner (PET) 31. Smoke detector 32. Soil testing or analysis instrument 33. Surgical support system 34. Surveying instrument 35. Temperature instrument 36. Thermostat Made by: Leona Dombrowsky Minister of the Environment Date made: December 14, Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 34

39 Appendix 2: Program Request Letter Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 35

40 Revised (Phase 1 & 2) WEEE Program Document for Consultation, January 21, 2009 Page 36

41 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 37

42 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 38

43 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 39

44 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 40

45 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 41

46 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 42

47 Appendix 3: Clarification Letter on WEEE Diversion Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 43

48 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 44

49 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 45

50 Appendix 4: OES Incorporation Letters Patent Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 46

51 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 47

52 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 48

53 Revised (Phase 1 & 2) WEEE Program Document for Consultation January 21, 2009 Page 49