Bill 90 (the Textile Waste Act, 2025) is legislation currently in the Ontario legislature. If passed, it would put Ontario on course to apply Extended Producer Responsibility requirements to apparel and textiles.
This bill would amend the Resource Recovery and Circular Economy Act (RRCEA) 2016 by requiring the Minister of Environment, within three months of the bill coming into force, to commence a review to determine how to include textiles as a designated class of material — meaning clothing and household textile brand holders or importers (“producers”) could be required to take on producer responsibility obligations. Within six months of starting that review, the Minister would have to report findings to the Legislative Assembly, including an estimated timeline for formally designating textiles.
While there may be some support for this legislation, it is important to understand that this is a private members’ bill. Such legislation may not reflect the priorities of the government, and such legislation rarely passes.
Having said that, it is important to understand what is being proposed.
The legislation would essentially require the government to bypass the normal regulatory process for designating materials under the existing RRCEA in favour of a process where legislation would require or virtually require the establishment of EPR for apparel and textile producers. It is hard to imagine any government giving up rule-making authority.
We are happy to hear from companies with views on this subject. We will continue to monitor the legislation and communicate with elected officials. Contact us
We have included below some additional information on
- how materials are designated under the RRCEA, and
- the legislative process in Ontario.
Designation of Materials Under the RRCEA
The RRCEA does not itself list or define which specific products and materials are subject to EPR obligations. Instead, the Act creates the authority and framework — the actual designation of materials happens through Ontario Regulations made under the Act by the Lieutenant Governor in Council (i.e., Cabinet/Order in Council). The Ontario Government is responsible for designating materials for transition to individual producer responsibility (IPR) under the RRCEA. RPRA
A material class is designated when the Ontario Ministry of the Environment, Conservation and Parks (MECP) develops and posts a proposed regulation to the Environmental Registry of Ontario (ERO) for public consultation, and the Lieutenant Governor in Council (Cabinet) then formally enacts it as an Ontario Regulation.
The Act implements EPR in Ontario for producers supplying designated products to consumers that end up in the residential waste stream at their end of life. Regulations under the Act set out program requirements for the management, collection and recycling of designated materials.
Once a regulation is enacted, the materials named in it become the designated class, and producers of those materials become legally obligated parties.
Who Is a "Producer"?
Each regulation defines "producer" for that material class. The RRCEA makes producers — including brand holders, importers, and retailers — responsible for operating and collecting programs for their materials at end-of-life.
Currently Designated Material Classes
Five classes of materials have been designated through regulations under the RRCEA, each governed by its own Ontario Regulation:
Tires were the first material to move to IPR on January 1, 2019. Information technology, telecommunications and audio-visual (ITT/AV) equipment transitioned January 1, 2021, and lighting equipment transitioned January 1, 2023. The five current designated programs and their regulations are:
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Tires — O. Reg. 225/18
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Batteries — O. Reg. 30/20
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Electrical and Electronic Equipment (EEE) — O. Reg. 522/20
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Hazardous and Special Products (HSP) — O. Reg. 449/21
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Blue Box (packaging and paper products) — O. Reg. 391/21
The HSP Regulation designates automotive materials (oil filters, oil containers and antifreeze), solvents, paints and coatings, pesticides, fertilizers, mercury-containing devices, and pressurized containers under Ontario's EPR framework.
The Blue Box Regulation designates Blue Box materials, including packaging-like and paper products, under Ontario's new regulatory framework for resource recovery, making producers resident in Canada that supply packaging and paper to Ontario consumers fully financially and operationally responsible for their products and packaging at end of life.
What EPR Obligations Attach Upon Designation
Once a material is designated by regulation, producers of that material must:
Meet mandatory and enforceable targets for the collection and recycling of their products and packaging. Producers have choice in how they meet their requirements — they can collect and recycle products and packaging themselves, or contract with producer responsibility organizations (PROs) to help meet their requirements. Producers must register with the Authority (RPRA) and report on their progress towards meeting these targets. The Authority can conduct inspections, issue compliance orders and, if necessary, prosecute businesses that don't follow the law.
The Act also grants the government broad authority to issue regulations requiring regulated entities to design products to increase the materials' recyclability, to eliminate the use of substances in the material, or to take other actions to minimize the waste caused by use of the product.
Ontario Legislative Process
In Ontario, a bill becomes law by passing through three readings in the Legislative Assembly, undergoing committee review, and receiving Royal Assent from the Lieutenant Governor. It starts as an idea, is introduced as a bill, debated by Members of Provincial Parliament (MPPs), and finally proclaimed into law.
Key Stages of a Bill in Ontario:
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First Reading: The bill is introduced, read for the first time, and posted publicly without debate. (the Textile Waste Act is currently at this stage)
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Second Reading: MPPs debate the principle of the bill—whether it meets the needs of Ontarians. The Bill may be referred to committee for further consideration
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Committee Stage: A standing committee studies the bill in detail, hears testimony from experts or the public, and may propose amendments.
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Report Stage: The committee reports the bill back to the House, allowing for final amendments, as described on the Legislative Assembly of Ontario website.
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Third Reading: The final debate and vote on the bill as a whole. If passed by a majority of MPPs, it moves to the final step.
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Royal Assent: The Lieutenant Governor grants assent to the bill in the King's name, officially making it an Act (law).
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A bill may become law immediately upon Royal Assent, or it may contain a clause
For any comments on the the legislation, contact: Bob Kirke