determine the date that is of most financial and operational benefit for the transition of collection, while the EWSWA could determine the date that is most beneficial for the transition of the County collection as well as the processing of the recyclable material. The challenge with this model is that it may not result in 1/3rd of the province each year.

2. Third party expert directed: in this model, a third party expert would determine when each municipality would transition. Municipalities and Producers alike would have no input on the dates selected. The benefit of this method is that it would theoretically lead to a more balanced transition (1/3rd of the province per year). However, the challenge with this method is that the transition date may result in a financial burden to the City of Windsor (as well as other municipalities).

Producers have recognized that municipalities have an expertise in terms of collection. They therefore have expressed interest in entering into an agreement with municipalities (who are willing to do so) to continue this service. It should be noted that municipalities are not obligated to enter into any agreement with Producers, nor are Producers required to enter into discussions with Municipalities.

The Association of Municipalities of Ontario (AMO), the Regional Public Works Commissioners of Ontario (RPWCO), and the Municipal 3R’s Collaborative (M3RC) are three organizations that are part of the discussions with the Ministry and the Producers and are key to representing municipal interests in the development of the Regulations under the Resource Recovery and Circular Economy Act, 2016. To this end, AMO has requested the City of Windsor (as well as all Ontario Municipalities) indicate what their preferred transition date is, and whether or not there is interest in having discussions with Producers on service provision. The memo from AMO, dated December 18th, 2019 and presented to Council on January 6th, 2020 outlines a request for a Council Resolution on these matters. The goal is to determine if there are any years that are over or under subscribed, and whether or not the municipally self-directed option is viable. Clearly, if all municipalities want to transition on January 1, 2023 (earliest date), then a third party directed transfer method will be required. The information will also allow AMO and the Province to better understand where there may be challenges with either method.

The purpose of this report is to provide Administration’s recommended preferred transition date as well as outline the advantages and disadvantages of service provision post transition.

Discussion:

Preferred Transition Date

The current recycling collection contract with Green For Life (GFL) is set to expire on August 27th, 2024. The terms of this agreement clearly set out the conditions on which the contract may be terminated early, or may be extended.

Section 6 of the contract speaks to Legislative Change Risk.

6. Legislative Change Risk