Tipos de desgaste

Each of the stakeholders listed below plays a key role and has certain responsibilities within the ISP recovery system:

CBCRA

The Plan Agreement signed by CBCRA and WDO will specify the roles and responsibilities of the parties. This will include at a minimum CBCRA’s responsibility to design the ISP, implement it once approved, operate the program in a fair and transparent manner, achieve the program targets and submit required program data to WDO. Additional specific CBCRA roles and responsibilities include:

 Commission third party consumer research that will then inform and shape the P&E communications;

 Implement a province-wide P&E program;

 Ensure open, clear and regular communications especially with Stewardship Ontario as the Blue Box Program IFO, WDO, MOE, and municipalities and service providers;

 Report regularly to the public;

 Initiate as required the dispute resolution mechanism contained within the draft Participant Agreement in Appendix B;

 Operate the Program according to the commitments within the ISP, including payment of material-specific fees set by Stewardship Ontario;

 Meet the ISP targets agreed with WDO;

 Provide required program financing as outlined in the ISP; and

 Continually innovate to improve the used beverage containers recovery rate. Beverage Stewards

Beverage stewards that are participants in CBCRA are responsible to:

 Report monthly and pay to CBCRA the CRF for each sealed beverage container supplied into the Ontario marketplace;

 Comply with the agreement between CBCRA and the steward; and

 Support the purpose and activities of CBCRA.

Retailers

Retailers often have two roles, that of retailers selling to consumers as well as being stewards that may sell private label beverages. Retailer responsibilities can include:

 Inform consumers at Point-of-Sale (POS) about recycling possibilities for the containers they purchase;

 Communicate with consumers the benefits of recycling; and

 Work with CBCRA to develop and implement program POS materials.

Waste Diversion Ontario (WDO)

WDO’s role is to oversee the implementation and operation of the ISP. Its responsibilities include:

 Communicate with the ISO operator about developments, challenges or program accolades the WDO may be aware of;

 Monitor the progress of the ISO against the goals set out in the Plan;

 Report to the MOE and other stakeholders on ISO progress; and

 Establish a Program Agreement between the ISO and WDO that will govern all program performance, reporting and operational requirements.

37

Stewardship Ontario

As the designated IFO for the approved Blue Box Program Plan Stewardship Ontario’s responsibilities include:

 Invoice participating stewards for the material specific fees related to management packaging managed under the BBPP and provide a a copy of the invoices to CBCRA. These invoices will be paid by CBCRA.;

 Regular communication with CBCRA on all relevant issues related to beverage containers, Blue Box costs and performance, etc.;

 Report to CBCRA data on the recovery and recycling rate of used beverage container and secondary beverage packaging materials included in the ISP and the costs of managing these materials through the BBPP;

 Coordinate with CBCRA and municipalities on P&E program initiatives related to beverage containers; and

 Partner with CBCRA as mutually agreed on waste audits, activity based costing and other shared task areas.

Ontario Municipalities

Ontario municipalities play a key role in residential and away from home in selecting and contracting with the service provider of their choice or providing the service directly. Ontario municipalities’ responsibilities include:

 Ensure that the service provider they engage is either a registered service provider and/or brings the materials to a registered service provider;

 Work with CBCRA to integrate and disseminate CBCRA P&E materials to its residents; and

 Work with CBCRA to implement used beverage container recycling bins at all of its municipally controlled away from home locations.

Provincial Government Agencies

Provincial government agencies can support the program by:

 Work with CBCRA through Tourism Ontario, Government Services, Ministry of Transportation; etc. and other provincially supported agencies; to implement recycling bins in all parks, government buildings; publicly accessible spaces; etc.; and

 Collaborate with CBCRA through the Ministry of Aboriginal Affairs to improve used beverage container recycling on First Nations.

Non-Government Organizations (NGOs)

The Recycling Council of Ontario (RCO) will be requested to review and provide advice on the program design and to help amplify key program elements. Responsibilities could include:

 Integrate CBCRA program information into its ongoing education and communications campaigns;

 Provide feedback to CBCRA on comments and concerns received from RCO members, consumers and other stakeholders; and

38

Recyclers and Waste Management Service Providers

Waste management and recycling service providers will have an important and expanded role servicing municipalities and existing and new away from home collection locations. Their responsibilities will include:

 Participate with the Program Integration Payment initiative to report on all used beverage container materials collected;

 Ensure that all recovered material collected is recycled; and

 Provide good service to all of their municipal and away from home customers. Program Partners (IC&I, Events),

The role of Program Partners, (businesses, facilities, events, etc.) that implement used

beverage container recycling bins is to enter into agreements with CBCRA to ensure the proper implementation and management of these bins. Their responsibilities as part of an agreement include:

 Ensure that all bins are serviced by either their own staff or contractors;

 Communicate with CBCRA about any problems they are having with the bins; and

 Ensure signage remains in place and that bins are replaced (at no cost to the Program Partner) if damaged.

Public

Consumers and the public play a very important role with their active participation in separating and placing their used beverage containers into appropriate recycling bins wherever they live, work and play. Their responsibilities include:

 Ensure that used beverage containers are deposited in the appropriate recycling collection channel and not littered or disposed as waste.

39

Appendices

Appendix A: Current CBCRA Participants in the CBCRA Manitoba Program

Company Resident in Ontario Company Resident in Ontario

A. Lassonde Inc. yes Leading Brands of Canada, Inc. no

Amway Canada Corporation no Wm.Bolthouse Farms Inc. yes

Calkins & Burke Ltd no Tree of Life Canada ULC yes

Canada Safeway Limited yes Shoppers Drug Mart Inc. yes

Canadian Tire yes QPRO Canada Inc. yes

Coca-Cola Refreshments Canada

Company yes Sky Blue Water Inc. no

Cott Beverage yes Kohl & Frish Ltd. yes

Distribution Missum Inc. yes Sunrise Markets Inc. dba Sunrise

Soya Foods yes

Federated Co-Operatives Limited no CanAqua Inc no

ID Foods Corporation yes McKesson Canada yes

Loblaw Companies Ltd yes Arctic Glacier Canada Inc. yes

Malinda Distributors Inc no Prism Distributions Inc. no

The Minute Maid Company of

Canada Inc. yes Dewpoint Bottling Company Ltd. yes

Nestle Waters Canada yes Wal-mart Canada Corp. yes

P.A. Bottlers Ltd. no Hudson's Bay Company yes

P.A. Fine Foods & Distributors no White Dove Water Company &

Laundromat no

Pepsi Bottling Group Canada yes The North West Company yes

Saputo Dairy Products Canada

G.P. yes JFC International, Inc. yes

Star Marketing Ltd. no Sysco Food Service, Winnipeg yes

Sun-Rype Products Ltd. yes Keewatin Air LP no

The TDL Group Corp yes Sobeys Capital Incorporated yes

Unisource Canada Inc. yes Campbell Company Of Canada yes

Arctic Beverages Limited no Philippine Fruit Corporation no

RW Packaging Ltd. no London Drugs Limited no

Elco Fine Foods Inc. yes RAGE Beverages Inc. no

Edoko Food Importers Ltd. no IKEA Canada Limited Partnership yes

Costco Wholesale Canada Ltd. yes Inform Brokerage Inc. no

Canada Dry Mott's Inc. yes Red River Equipment (2007) Inc. no

Maverick Brands, LLC no Whistler Water Inc. no

Principal Sales Inc. no Red Bull yes

CBCRA has already received Letters of Intent from some of the companies above and will continue to receive these during the Consultation process. CBCRA and WDO will be maintaining an updated list throughout the Consultation period.

40

Appendix B: Draft ISP Participant Agreement Participants Registration Agreement

This Participants Registration Agreement (the “Agreement”) is entered into on of the year 20 .

BETWEEN

Canadian Beverage Container Recycling Association, an industry-funded, not-for-profit, corporation

(“CBCRA”) AND INSERT (“Participant”) WHEREAS

A. CBCRA was formed by beverage companies to facilitate increased recovery of beverage containers including an increased recovery through the Blue Box or residential recycling as well as an increased focus on away from home recycling and beverage container market development to assist Participant with meeting the beverage container waste diversion objectives of The Waste Diversion Act 2002 (WDA) (Ontario) and

B. The Participant is a Steward of beverage container related material and wishes to enrol as a participant of CBCRA.

C. The Participant has read and understands CBCRA’s Rules for Obligated Stewards (attached to this Agreement)

In consideration of the mutual promises contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged by each party hereto, the parties agree as follows:

1. INTERPRETATION

1.1 Governing Law. This Agreement shall be governed by and construed in

accordance with the laws of the Province of Ontario, and subject to Article 6, the parties to this Agreement submit to the exclusive jurisdiction of the Courts of the Province of Ontario.

1.2 Headings and References. The headings in this Agreement shall not affect the interpretation of this Agreement.

41

1.3 References. Unless otherwise stated, a reference herein to a numbered or lettered article, section, subsection, clause or schedule refers to the article, section, subsection, clause or schedule bearing that number or letter in this Agreement. A reference to “this Agreement” means this Agreement together with any amendments thereof or Schedules attached.

1.4 Severability. Should any provision of this Agreement be void or unenforceable it shall be severed from this Agreement and the remainder of this Agreement shall remain in full force and effect and shall be interpreted and construed as if the stricken provision had never formed part of this Agreement.

1.5 Recitals. The recitals hereinbefore contained are true and correct and form an integral part of this Agreement.

2. CONFIDENTIALITY

2.1 CBRCA acknowledges and agrees that certain information made available to it from time to time in accordance with this Agreement by the Participant is confidential in nature. For the purposes of this Agreement, confidential

information (“Confidential Information”) means information received by or made available to CBCRA, its agents or personnel that: (i) is not generally known in the industry in which the Participant is engaged; (ii) is “personal information” within the meaning of the Personal Information Protection and Electronic Documents Act (Canada), as amended from time to time, and any other applicable law now in force or that may in the future come into force governing the collection, use, disclosure and protection of personal information applicable to either party or to any information collected, used or disclosed in the course of the Participant’s participation under the terms of this Agreement; (iii) would logically be considered confidential and/or proprietary; (iv) would do the Participant harm if divulged; or (v) is marked “Confidential” or “Proprietary”, and shall include all reporting documentation provided by the Participant in accordance with this Agreement. 2.2 CBCRA agrees: i) to hold the Confidential Information in confidence by using the

same degree of care to safeguard such Confidential Information as it uses to protect its own information of like character, but in no event less than a

reasonable degree of care; ii) to limit disclosure of the Confidential Information to its employees, agents or subcontractors having a need to know the Confidential Information for the purposes of this Agreement; iii) not to directly or indirectly disclose any Confidential Information to any third party unless and only to the extent required by any judicial or governmental request, requirement or order; provided that CBCRA will take reasonable steps to give the Participant sufficient prior notice in order to contest such request, requirement or order by notifying the Participant of such request; iv) to use the Confidential Information solely and exclusively in accordance with the terms of this Agreement; v) not remove or obscure proprietary rights notices that appear on Confidential Information and copies thereof; and iv) advise Participant promptly in writing of any unauthorized disclosure or use of Confidential Information. CBCRA shall cause its agents, subcontractors and employees to whom it may be permitted to disclose or

42 provide any such Confidential Information to comply with the provisions of this Section 2. Upon termination of this Agreement, CBCRA shall return or destroy all Confidential Information as directed by the Participant, provided however, CBCRA shall be permitted to retain such Confidential Information as required by applicable law, solely for as long as such Confidential Information is required to be retained pursuant to such applicable law.

2.3 The information reported by the Participant in accordance with Section 4.1 shall only be released to other CBCRA Participants or otherwise in an aggregate form and where the Participant cannot be identified.

2.4 The provisions of this Section 2 shall survive and remain in full force and effect following any termination or expiry of this Agreement.

3. TERM

3.1 This Agreement shall commence on the date set forth above and, subject to earlier termination as provided for in this Agreement,continue in effect for a term of one year, terminating on December 31, 2014 (the “Term”). The initial Term shall thereafter automatically renew for additional one (1) year periods (the initial Term and any renewal thereof being collectively referred to herein as the “Term”) unless the Participant terminates this Agreement by no less than ninety (90) days written notice prior to the end of the then current Term, or CBCRA terminates this Agreement by no less than ninety (90) days written notice prior to the end of the then current Term.

3.2 The rights and remedies in this Section 3 are cumulative and in addition to any other right or remedy available under this Agreement, at law or equity.

4. PAYMENT

4.1 Within the first 20 days of the end of the month, the Participant shall report the number of applicable single use ready to serve beverage containers (each, a “Beverage Container”) Supplied in Ontario in the previous month. For the

purposes of this Agreement, Beverage Containers shall not include containers for which a refundable deposit is payable when the goods are Supplied (as such term is defined in the Act).

4.2 Subject to Sections 4.3 and 4.5 below, the Participant shall pay a container recycling fee (“CRF”) for each Beverage Container sold in Ontario in the previous month by the 20th of the then current month.

4.3 The Participant will notify CBCRA of the Participant’s obligation to Stewardship Ontario (“SO”) for the cost of managing beverage containers within the

residential collection program.

4.4 CBCRA commits to paying the Participant’s obligation to SO on a timely basis as per a payment schedule mutually agreed to by CBCRA and SO.

43 4.5 CBCRA may adjust the CRF at its discretion, provided however, CBCRA will

endeavour to make any adjustments on an annual basis and to have such adjustments be effective on February 1 of the year in which an adjustment is to be effective. Notwithstanding the foregoing, an adjustment of the CRF shall not be effective until 90 days after the date upon which the Participant receives written notice of such adjustment, provided however, the parties may agree to any other effective date in respect of such adjustment.

4.6 The CBCRA covenants and agrees to use all CRF payments made by the Participant solely and exclusively for the purposes set out in Recital A hereof. Any other use of such funds shall require the express written consent of the Participant.

5. TERMINATION

5.1 Default Termination. If a party (the “Defaulting Party”) breaches any term or condition of this Agreement, the other party may deliver notice of the breach to the Defaulting Party. In the event the breach is not cured within seven (7) days of such notice, the party having delivered such notice may terminate this Agreement on notice to the Defaulting Party.

5.2 Other Termination. Unless the parties agree otherwise, this Agreement will terminate automatically if: (i) either party (in this Section, an “Insolvent Party”) makes an assignment for the benefit of its creditors, consents to the appointment of a receiver for all or substantially all of the property of the Insolvent Party, files a petition in bankruptcy or for a reorganization under the appropriate bankruptcy legislation, or is adjudicated bankrupt or insolvent; (ii) if a court order is entered, without the consent of the Insolvent Party, appointing a receiver or trustee for all or substantially all of the property of the Insolvent Party, or approving a petition in bankruptcy or for a reorganization pursuant to the appropriate bankruptcy

legislation or for any other judicial modification or alteration of the rights of

creditors of the Insolvent Party; or (iii) CBCRA breaches its obligations in Section 2 and 4.6 hereof.

5.3 Upon the effective date of termination of this Agreement, CBCRA will inform the WDO that the Agreement between the Participant and the CBCRA has been terminated.

6. Resolution Negotiation.

6.1 In the event of a dispute or difference between the parties arising out of or in connection with this Agreement or in respect of any defined legal relationship associated with it or derived from it including the formation or enforceability of this Agreement or any failure to reach agreement where an agreement is

required (a "Dispute"), the parties shall make all reasonable efforts to resolve the Dispute by amicable negotiations. In this regard each party shall promptly set forth in writing to the other party the basis of the Dispute in reasonable detail and appoint a designated representative having authority to resolve and settle such Dispute. The designated representatives shall meet as often as the parties reasonably deem appropriate to discuss the Dispute and attempt to resolve the dispute without the necessity of mediation pursuant to Section 06.2. Formal

44 proceedings under Section 6.2 may not be commenced until the earlier of (i) the time when the parties conclude in good faith that amicable resolution of the Dispute does not appear likely or (ii) the expiration of fourteen (14) days following the date on which the Dispute was first set forth in writing in accordance with this Section 6.1.

6.2 If a Dispute is not resolved pursuant to the informal dispute mechanism in

Section 6.1, a party may deliver written notice (a “Mediation Notice”) to the other party requiring the Dispute go to mediation, in which case the parties shall

attempt to appoint a mutually acceptable mediator within 14 days of delivery of the Mediation Notice.

(a) Participation in Mediation. If the parties agree on a mediator they shall participate in good faith in the mediation and related negotiations for a period of at least 30 days.

(b) Costs of Mediation. The parties will bear their own mediation costs, and shall share equally the mediator’s costs.

6.3 The parties agree that the existence of a Dispute, any efforts or proceedings to resolve a Dispute, whether informal or pursuant to mediation, and any rulings or decisions issued by the mediator pursuant to Section 06.2, shall be held in confidence, shall be treated as compromise and settlement negotiations under applicable evidence rules, and shall be governed as Confidential Information by

In document EVALUACION DE LA RESISTENCIA A LA CORROSION A ALTAS TEMPERATURAS Y SU COMPORTAMIENTO COMO BARRERA TERMICA DE Bi x Ti y O z (página 54-59)