The industry funding organizations used to provide, or to fund,
waste diversion can have anti-competitive effects. There is a
natural tendency for large companies with market power to use that
power to design waste diversion programs and organizations in their
own interest and to create obstacles for their competitors. The
curious mixture of public and private power that industry funding
organizations enjoy can leave those competitors with few remedies,
other than (perhaps) a complaint to the Competition Bureau.The anti-competitive
effects of a proposed waste diversion plan were discussed in
Ontario when the used oil Industry Stewardship Plan was proposed a
decade ago. The plan was rejected. Here is a very interesting
letter from the Competition Bureau to Waste Diversion
Ontario about the anti-competitive aspects of the used oil
ISP. For example, the generators of used oil seem to have
designed the ISP to make it harder for SafetyKleen to compete
...The generators of used motor oil are also competitors with
one of the end-users of used motor oil. SafetyKleen, which collects
and re-refines motor oil also competes in the Ontario market for
clean motor oil as its re-refined product is a competitive
substitute for new motor oil. This factor would remain somewhat
benign but for the fact that the administrators of the proposed
plan include the large generators but exclude SafetyKleen from the
board of directors of the overseeing authority of the Plan.
Arguably it is in the plan administrators' collective interest
to see that used motor oil is disposed of in an acceptable way.
However it is arguable that it is also in their interests to try to
prevent re-refined product from entering the market in direct
competition with their products.
We are aware of the fact that the OUOMA has decided to prohibit
SafetyKleen from membership on its board as it argues that
SafetyKleen would be in a conflict of interest given that it is an
end-user of used motor oil. In my opinion, this is no less of a
conflict than the other members of OUOMA who compete in the sale of
new motor oil and would no doubt benefit by restricting the access
SafetyKleen or any other re-refiner has to used motor oil which it
could re-refine and market in direct competition to these
companies. It is with this in mind that consideration should be
given to allowing all members of the market equitable access to
both the plan and its governance....
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
In June, 2016, Justice Faieta of the Ontario Superior Court of Justice awarded damages of $57,712.31 plus interest against legal counsel who failed to file a claim within the required limitation period.
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