6. We’re not planning any changes to our basket of goods collected or our collection procedures so do we need to worry about that EPR thing?

Plans notwithstanding, the Waste Free Ontario Act, 2016, which received Royal Assent in June, 2016, has the potential to disrupt many recycling service and processing contracts in Ontario by changing the legislative framework under which the parties operate. If the parties are unwilling or unable to negotiate a new operating arrangement following a change in legislation, it is possible that a “force majeure” contract event may be triggered potentially resulting in the cancellation of the contract by one or both parties. To increase the chances of a contract surviving the change in legislation, without unreasonable cost increases, a modification to the force majeure clause, specifically referencing change of law, is now considered a best practice. Read more and see samples.


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