revised (phase 1 & 2) waste electrical & electronic...

Revised (Phase 1 & 2) Waste Electrical & Electronic Equipment

(WEEE) Program

Document for Consultation

January 21, 2009

TABLE OF CONTENTS 1.0 Overview of the Waste Electrical & Electronic Equipment Program in Ontario.............................1

1.1 Background to the WEEE Program..................................................................................................1 1.2 Phase 1 of the WEEE Program Plan................................................................................................2

2.0 Phase 2 of the WEEE Program Plan....................................................................................................3 2.1 Materials Obligated Under Phase 2 of the WEEE Program.............................................................3 2.2 Phase 2 Plan Development and Consultation Process....................................................................4 2.3 Designation of Phase 2 Stewards ....................................................................................................5 2.4 Discharging Steward Obligations under the WDA............................................................................5 2.5 Proposed Phase 2 EEE Descriptions, Materials and Groupings .....................................................6 2.6 WEEE Discard Model Description..................................................................................................14 2.7 Preliminary Phase 2 EEE Supplied for Use in Ontario...................................................................15 2.8 Preliminary Phase 2 WEEE Available for Collection......................................................................17 2.9 Proposed Collection Channels for the Phase 2 WEEE Program...................................................18 2.10 WEEE Program Support for Reuse Initiatives..............................................................................19

3.0 Constant Elements Maintained from Phase 1 of the WEEE Program ...........................................21 4.0 Material Changes to the Phase 1 WEEE Program Plan for Consultation......................................22

4.1 Proposed Fee-Setting Methodology...............................................................................................22 4.2 Governance ....................................................................................................................................22 4.3 Treatment of Materials Covered Under Other Regulations............................................................23 4.4 WEEE Collection and Management System..................................................................................23 4.5 Program Incentives.........................................................................................................................24 4.7 Allocation Methodology for WEEE Processing...............................................................................24 4.8 Other Possible Amendments..........................................................................................................25

5.0 Stakeholder Participation and Next Steps .......................................................................................26 5.1 Key Dates for the Revised WEEE Program Plan Development and Consultation ........................26 5.2 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 393/04 ......................................................................................................27 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

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, 2004. 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 (http://www.wdo.ca/content/?path=page80+item63446). 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 (http://www.wdo.ca/content/?path=page81+item38389) 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

http://www.wdo.ca/content/?path=page80+item63446

http://www.wdo.ca/content/?path=page81+item38389


OES was incorporated on September 20, 2007 and approved by WDO as the IFO for WEEE on October 17, 2007. 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, 2007. 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, 2008. 1.2 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, 2009. 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: www.ontarioelectronicstewardship.ca. Phase 1 of the WEEE Program commences April 1, 2009. 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)

http://www.ontarioelectronicstewardship.ca/

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.


Figure 1.1: Phase 1 & 2 WEEE materials as a Percentage of Designated WEEE3

Phase 1 & 2 WEEE Materials as a Percentage of All Designated WEEE

Non-designated WEEE1

66%

Designated Phase 1 WEEE2

27%

Designated Phase 2 WEEE2

7%

As per results of the WDO WEEE Study Report (2005)

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 (http://www.wdo.ca/content/?path=page80+item51737). 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.


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 2.4.1 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.

2.4.1 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 (www.wdo.ca/content/?path=page81+item38390).



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.


Table 2.1: Proposed Definitions of Phase 2 Materials

Proposed Phase 2 Material Groupings Proposed Phase 2 Materials Definition* Phase 2 Materials in O. Reg.

393/04 Includes Excludes

Computer Peripherals

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.)

Schedule 2 5. CD-ROM drive 6. Computer disk drive 7. Computer keyboard 8. Computer mouse Schedule 3 11. Modem

• 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

• 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 & Imaging Devices

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.

Schedule 2 10. Copier 25. Printer 27. Computer flatbed scanner 29. Typewriter Schedule 3 6. Fax machine

• 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.

• 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”

Telephones (Physical Connection) and Telephone Accessories

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.

Schedule 3 17. Telephone (Cordless) 18. Telephone

(Wire line) 20. Telephone Answering

Machines

• 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.

• Telecommunication equipment developed for embedded use in motor vehicles or any type.

• Commercial-grade “pay phones” • Voicemail/ answering machine devices

that utilize a centralized or networked system.


Proposed Phase 2 Material Groupings Proposed Phase 2 Materials Definition* Phase 2 Materials in O. Reg.

393/04 Includes Excludes

Cellular Phones, PDAs and Pagers (Mobile)

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).

Schedule 2 23. Personal Digital Assistant

(PDA) (Cell-enabled) Schedule 3 12. Pagers 16. Telephone (Cellular)

• 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.

• 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 Image, Audio and Video Players and Recorders

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.

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 2 19. Personal Handheld

Computer 23. Personal Digital Assistant

(PDA) (Non-cell-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

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

* Please note that these definitions are subject to change as the Program evolves over time.

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

2.5.2 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 floor-standing 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

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.

2.5.3 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.


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” Voicemail/ answering machine devices that utilize a centralized or networked system Cellular phones, PDAs and Pagers

2.5.4 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


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


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.


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 inter-provincial 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 (http://www.acestewardship.ca/pdf/Phase_II_EHF_Report_FINAL.pdf). 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.”


http://www.acestewardship.ca/pdf/Phase_II_EHF_Report_FINAL.pdf

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, 2009. 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 (http://www.acestewardship.ca/pdf/ACES_PhaseII_EHF_Report.pdf); 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


http://www.acestewardship.ca/pdf/ACES_PhaseII_EHF_Report.pdf

extrapolated from Canada-wide data provided in the inter-provincial study on a percentage-of-population 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 2008. 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) 43 42 41 41 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 689 621 535 460

Telephones and Telephone Accessories 3,297 3,323 3,348 3,374 Cellular Phones, PDAs and Pagers 823 949 1,052 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


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) 33 48 48 47 Printing and Imaging Devices 6,829 8,580 10,110 10,359

Desktop (includes Phase 1 and 2) 6,562 7,954 9,314 9,479Floor-Standing 267 626 796 880

Telephones and Telephone Accessories 2,136 2,537 2,826 3,272 Cellular Phones, PDAs and Pagers 239 515 589 672 Image, Audio, Video Players and Recorders 11,553 13,262 13,856 15,833

Personal/Portable 2,138 2,158 2,244 2,203Home/Non-portable 9,032 10,568 10,765 12,177

Home theatre in a Box 383 536 847 1,453Aftermarket 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.


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

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

Baseline Year 1 Year 2 Year 3

Tonn

es

Supplied Into Ontario

Available for Collection

2.9 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.


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. 2.10 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.

2.10.1 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



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.

2.10.2 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.

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: http://www.ontarioelectronicstewardship.ca/pdf/plan/program_plan_march31_08.pdf. 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


http://www.ontarioelectronicstewardship.ca/pdf/plan/program_plan_march31_08.pdf

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.

4.1.1 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)

4.1.2 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


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.

4.1.4 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.


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.


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.



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.

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, 2009. Please refer to the OES website for all information and updates on the Revised WEEE Program Plan development and consultation process: www.ontarioelectronicstewardship.ca.

January 21, 2009 Revised (Phase 1 & 2) WEEE Program Document for Consultation posted to the OES website for comment.

February 4, 2009 Workshop/ Webcast Consultation #1: Stakeholders can register to

attend this event, in person or online, on the OES website. March 16, 2009 Draft Preliminary Revised WEEE Program Plan submitted to WDO

and posted to the OES website for comment. March 31, 2009 (Tentative) Workshop/ Webcast Consultation #2: Stakeholders will

be notified of registration process for this event once details are confirmed.

May 15, 2009 Draft Revised WEEE Program Plan submitted to WDO and posted

to the OES website. June 12, 2009 Draft Final Revised WEEE Program Plan submitted to WDO and

posted to the OES website. July 10, 2009 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, 2009. Please visit the website: www.ontarioelectronicstewardship.ca. 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: http://www.ontarioelectronicstewardship.ca/consultation/consultation.html




http://www.ontarioelectronicstewardship.ca/consultation/consultation.html

Appendix 1: Ontario Regulation 393/04


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


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


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


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


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


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

Schedule 7

NAVIGATIONAL, MEASURING, MONITORING, MEDICAL OR CONTROL INSTRUMENTS

1. Alarm system

2. Analyzer

3. Automatic environmental controller or regulator

4. Cardiology equipment

5. Dialysis equipment



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, 2004.

Appendix 2: Program Request Letter


Appendix 3: Clarification Letter on WEEE Diversion


Appendix 4: OES Incorporation Letters Patent


Appendix 5: Glossary


Glossary of Terms OES has included the following glossary of terms that will be referred to throughout the WEEE Program Plan.

Glossary of Terms Accessibility targets The standards set under the approved OES WEEE Program Plan that will be continuously monitored to ensure that all Ontarians are provided with an adequate level of service to effectively manage their WEEE, including those living in high density, rural and northern communities. Assemblers Stewards that manufacture and/or assemble in Ontario branded or unbranded EEE products obligated under the Program, from components sourced from a variety of suppliers. Available for recycling The estimated quantities of designated WEEE potentially available for recycling and/or end of life management and after any reuse or refurbishment activities have taken place. The estimated quantities available for recycling are based upon the estimated life span of the original product and their subsequent discard rates. Certificate of Approval (C of A) Certificate of Approval is a control document issued by the Ontario Ministry of Environment that sets out operating conditions for a waste management system or a waste disposal site. C of As are required under the authority of s. 27 of the Environmental Protection Act. For further description of the Director’s C of A authority refer to s. 39 of the Environmental Protection Act. Collector(s) A private, non-profit, or municipal corporation that has entered into an agreement with OES for the collection of designated WEEE. Collection incentive payments Weight based payments offered by OES to approved collection agents to collect designated WEEE under the Program. Collection targets The projected quantities of designated WEEE to be collected on an annual basis under the Program. Consolidation facility A location used to receive and bulk WEEE from collection agents and for subsequent transport to a primary processor. Contingency funds Funds budgeted on an annual basis by the OES Board of Directors to address critical Program issues that were not anticipated in the operational plans set out for a given Program year. Depot Refers to a permanent facility where residents can drop off materials. Hours and periods of operation may vary from one Program to another. Disassembly The first step in the end-of-life management of designated WEEE by manually removing and separating individual components such as plastics, metals, batteries, mercury switches or other categories in accordance with the organization’s business plan and health and safety protocols. Discard rate The estimated rate at which individual designated WEEE will be made available by generators for potential collection through the Program. Diversion The management of designated WEEE, through reuse, refurbishment, disassembly and/or recycling, instead of disposal into landfills or incinerators.



Glossary of Terms Downstream Processor (from pg.30 of the Electronics Recycling Standard in Appendix 9a) An entity that receives material from a primary recycler for additional processing and/or disposition. This includes entities that: • Bulk and blend materials that are sent to other vendors for additional processing; • Shred and separate materials that are sent to other vendors for additional processing; • Process materials into new products; • Process materials to recover metals, energy, and other resources; • Disposal by landfill and/or incineration with or without waste to energy recovery; • Any other contracted party that handles, processes or disposes of materials on behalf of the primary

recycler. Electrical and Electronic Equipment (EEE) Materials designated by Minister’s Program Request Letter and under the Program for which Stewards must report and pay fees to OES according to the Program rules. EEE supplies Phase 1 materials sold, leased, donated or otherwise distributed for use in Ontario. End-of-Life (EOL) Management The physical process of permanently altering WEEE, such that in can no longer be re-furbished or re-used in its original form. Events Refers to one-day collection events offered by municipalities at which residents can drop-off WEEE for EOL management. Events range in frequency from one to several events per season, often in different locations within a county or region. Fee setting methodology The calculations used to set Stewards Fees by EEE product groupings as set out in the OES Phase 1 WEEE Program Plan Gaylord boxes A standard size of durable cardboard box (48" x 40" x 36" or 120 cm x 100 cm x 90 cm) that fits neatly on a standard shipping pallet. Large quantity collection facility A location used to collect WEEE from large quantity generators, typically from industrial, commercial and institutional sources. Life span The estimated period of time during which designated EEE will be in productive use and therefore not available for collection under the Program. OES Electronics Recycling Standard The minimum operating standards that OES service providers must meet and maintain in order to contract for reuse, refurbishment or end-of-life processing services under the Program. OES Reuse and Refurbishment Standard The minimum operating standards that OES service providers must meet and maintain in order to contract for reuse and/or refurbishment services under the Program. 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. Recycling The processing of WEEE by manual or mechanical means for the purpose of resource recovery. Reduction Design changes to reduce the volume, mass, variety or types of materials, parts, components, packaging or other elements used in the production, sales and distribution of designated EEE in Ontario. Redistribution The return of WEEE to consumers through reuse and refurbishing activities.


Glossary of Terms Refurbish (Refurbishing) The internal testing, troubleshooting, disassembly or physical modification to WEEE, part removal and replacement or repair of non-functioning or obsolete parts (not including consumable items such as batteries, toners, fusers, etc.) for the purpose of product or part repair and/or redistribution and creates a waste stream that requires further Downstream Processing or disposal. Refurbisher An organization that refurbishes WEEE. Reserve funds Funds approved by the OES Board of Directors on an annual basis to offset potential shortfalls in Program financing due to such factors as higher than the projected annual Program costs used for the purposes of Steward fee-setting; the potential for Steward non-payments resulting from non-compliance or bankruptcies; potential legal liabilities; and additional Program activities that may be required to meet established Program targets. Reuse The provision of functioning WEEE to another user for its intended purpose, without hardware repair or modification, and where the reuse activities are limited to non intrusive operation verification, cleaning, replacement of consumable items such as batteries, toners, fusers, etc.; data and other information clearing and software installation. Reuse Organization An organization that provides functioning WEEE under the Program to another user for its intended purpose, and whose operational activities are limited to non intrusive operation verification, data clearing, and software installation. Reuse targets The annual quantitative targets set out in the approved OES WEEE Program Plan for the reuse and refurbishment of designated WEEE. Round-Up Service OES-sponsored turnkey-service’ collection events that can be engaged by retailers and/or municipalities to ensure accessibility. Round-Up service includes provision of labour, packaging services, transportation off-site and processing. Smelting Smelting, or chemical reduction, is a form of extractive metallurgy which is the practice of extracting metal from ore, purifying it, and recycling it. Smelting is the chemical reduction of ore or metal bearing waste in order to liberate the desired metal. Special Events Collection events offered by Stewards and/or retailers at which residents can drop-off WEEE for EOL management. Special events range in frequency from one to several events per season, at the discretion of the Steward/ retailer. Stewards Companies obligated by an IFO to pay fees under an approved waste diversion program. Under the WEEE Program, Stewards include brand owners, first importers and/or assemblers of non-branded products for sale and use in Ontario that result in WEEE. Steward fees Fees assessed by an IFO on Stewards under an approved waste diversion program as set out in the approved Program Rules. Successive Product Technology Successive product technology is the principle that shall allow 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 product 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.


Glossary of Terms Surplus funds Funds collected by OES in any given Program year in excess of the financial requirements of the corporation in that Program year, with allowance for a prudent reserve fund. In general these funds will be used to offset Steward’s fee rates in the following Program year. Transportation of Dangerous Goods (TDG) Refers to the regulated transportation requirements as defined in the Transportation of Dangerous Goods Act (TDGA) WEEE Diversion and Recovery Infrastructure The sum of the collection, reuse, refurbishing and recycling facilities available for managing designated WEEE under the Program. WEEE Generation The sum of the designated WEEE discarded by final end users on an annual basis under the Program. WEEE Generator The final user of designated WEEE that makes the product(s) available for reuse, recycling or disposal. WEEE Recycler An organization that processes WEEE, first by disassembly to remove or reduce hazards then further processing the disassembled components into streams that can be further processed in order to further recover specific components within the same organization or sent to downstream processors for use as a raw material in another process, or, where 3Rs options are not available or technically feasible, for use in an energy recovery process or, managed through disposal. White Box products EEE products supplied in the Province of Ontario for which there is no identifying brand name.

Appendix 6: List of Acronyms


List of Acronyms AMO Association of Municipalities of Ontario AMRC Association of Municipal Recycling Co-ordinators ARMA Alberta Recycling Management Association BAN Basel Action Network CARI Canadian Association of Recycling Industries C of A Certificate of Approval (issued by MOE) CSR Corporations Sharing Responsibility EBR Environmental Bill of Rights Registry EOL End-of-Life EPSC Electronic Product Stewardship Canada EPR Extended Producer Responsibility ERA Electronics Recyclers Association EU European Union IC&I Industrial, Commercial & Institutional IFO Industry Funding Organization ISP Industry Stewardship Plan MHSW Municipal Hazardous or Special Waste MOE Ministry of the Environment OECD Organization for Economic Co-operation and Development OES Ontario Electronic Stewardship OWMA Ontario Waste Management Association P&E Promotion and education PDA Personal Digital Assistant RCC Retail Council of Canada RCO Recycling Council of Ontario REOI Request for Expression of Interest RFP Request for Proposal SO Stewardship Ontario TDGA Transportation of Dangerous Goods Act USEPA United States Environmental Protection Agency WDA Waste Diversion Act WDO Waste Diversion Ontario


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