Recycled Material. 1.16.2.1 In its contracts with Processors entered into after September 1, 2011, BRI agrees to use its commercially reasonable efforts to require Processors to retain records for audit purposes by, and make such records available to, the Ministry and/or its appointee appointed pursuant to section 1.15 of this Schedule 1 to conduct audits of recycled materials. 1.16.2.2 BRI agrees to retain for audit purposes and make available to the Ministry and/or its appointee appointed pursuant to section 1.15 of this Schedule 1: calculations by BRI Return Locations showing the conversion of Program Containers redeemed to weight using standard average weight by Deposit Category; monthly calculations to determine standard Deposit Category weights; complete audit trail of recycled material (e.g. retail/depot shipping bills of lading indicated by recycling category and by carrier); verifiable written semi-monthly assurance from Processors that Processors are complying with environmental performance requirements set forth in Part C of this Schedule 1; a semi-annual written outline of the processing, by weight, of the following Program Containers and Secondary Packaging collected by BRI under the Contract during such period through to the point of final processing and disposition (that is, to the point of sale to an end user of such processed Program Containers and Secondary Packaging, but excluding such end user itself), that includes a general description, by weight, of how the materials were processed by each Processor (and each sub-processor thereof) during such period, shall be provided to the Ministry on or before the end of the fourth month following each semi- annual period ending April 30 and October 30 in each year: (i) glass Program Containers, (ii) Program Cans, (iii) PET Program Containers, and (iv) Secondary Packaging; and a semi-annual written report from each Processor of the amount, by weight, of the following Program Containers and Secondary Packaging collected by BRI under the Contract during such period sent by such Processor to landfill or incinerated due to contamination or for other reasons specified in paragraph (l)(ii) of Part C Environmental Performance Requirements of Schedule 1 during such period shall be provided to the Ministry on or before the end of the fourth month following each semi• annual period ending April 30 and October 30 in each year: (i) glass Program Containers, (ii) Program Cans, (iii) PET Program Containers, and (iv) Secondary Packaging. The Ministry and BRI acknowledge that BRI’s processing of Tetra Pak Program Containers and the component parts of Bag-in-Box Program Containers (that is, the bladders (bags) and boxes) are blended by BRI with the applicable Secondary Packaging, and that there is no separate weighing of such Program Containers (nor the component parts thereof). The Ministry and BRI further acknowledge that it is therefore not possible for BRI or Processors to separately report on either such Program Containers and that such Program Containers will be included, although not separately identified, within the report on Secondary Packaging. BRI may, at its option, separately report in the foregoing semi-annual reports in respect of Tetra Pak Program Containers and/or Bag-in-Box Program Containers. For purposes of the above-referenced semi-annual reports, the amounts determined by BRI and Processors will be estimates only, and will be based on the amount, by weight, of such materials provided by BRI to a Processor in relation to the amount, by weight, of such materials processed by such Processor (which will likely include non-Program Containers, including containers and packaging from the BRI Beer Container Recovery System, all of which will likely be commingled). If the Responsible Stewardship Report prepared by BRI in any year includes the information, on an annual (as opposed to semi-annual) basis, required to be included in the above-referenced semi-annual reports for the annual period ended April 30 in that year, then the reports for the semi-annual period ended April 30 in such year (which would otherwise be due to be provided by BRI or a Processor on or before August 31) do not need to be provided by BRI or a Processor. 1.16.2.3 The Ministry and BRI agree that the Ministry and/or its appointee appointed pursuant to section 1.15 of this Schedule 1 may conduct audit verifications as set out below: Conduct surprise visits and perform substantive spot checks of Program Containers returned; and Audit BRI and, provided the contracts between BRI and the applicable Processor so permit, Processors, to verify material flows and disposition of Program Containers and Secondary Packaging, including conducting a “follow the waste” review that enables the Ministry to understand and report on how Processors handle the Program Containers and Secondary Packaging collected through the Deposit System. The findings from Ministry audits of Processors and any statements or attestations provided by Processors to the Ministry and/or its appointee will be held as confidential among BRI, the Ministry/appointee and the Processor. 1.16.2.4 Prior to finalization of each Responsible Stewardship Report, BRI agrees to provide a draft copy of the latest version of the Responsible Stewardship Report to the Ministry no later than three (3) weeks in advance of providing it to Waste Diversion Ontario. The Ministry shall review and may, acting reasonably, require changes to all content specifically related to the Deposit System and all content referencing the Deposit System. For greater certainty, the Ministry’s right of approval shall not pertain to content in the Responsible Stewardship Report that pertains to the BRI Beer Container Recovery System.
Appears in 1 contract
Sources: Master Framework Agreement
Recycled Material. 1.16.2.1 In its contracts with Processors entered into after September 1, 2011, BRI agrees to use its commercially reasonable efforts to require Processors to retain records for audit purposes by, and make such records available to, the Ministry and/or its appointee appointed pursuant to section 1.15 of this Schedule 1 to conduct audits of recycled materials.
1.16.2.2 BRI agrees to retain for audit purposes and make available to the Ministry and/or its appointee appointed pursuant to section 1.15 of this Schedule 1: • calculations by BRI Return Locations showing the conversion of Program Containers redeemed to weight using standard average weight by Deposit Category; • monthly calculations to determine standard Deposit Category weights; • complete audit trail of recycled material (e.g. retail/depot shipping bills of lading indicated by recycling category and by carrier); • verifiable written semi-monthly assurance from Processors that Processors are complying with environmental performance requirements set forth in Part C of this Schedule 1; • a semi-annual written outline of the processing, by weight, of the following Program Containers and Secondary Packaging collected by BRI under the Contract during such period through to the point of final processing and disposition (that is, to the point of sale to an end user of such processed Program Containers and Secondary Packaging, but excluding such end user itself), that includes a general description, by weight, of how the materials were processed by each Processor (and each sub-processor thereof) during such period, shall be provided to the Ministry on or before the end of the fourth month following each semi- annual period ending April 30 and October 30 in each year: (i) glass Program Containers, (ii) Program Cans, (iii) PET Program Containers, and (iv) Secondary Packaging; and • a semi-annual written report from each Processor of the amount, by weight, of the following Program Containers and Secondary Packaging collected by BRI under the Contract during such period sent by such Processor to landfill or incinerated due to contamination or for other reasons specified in paragraph (l)(ii) of Part C Environmental Performance Requirements of Schedule 1 during such period shall be provided to the Ministry on or before the end of the fourth month following each semi• semi- annual period ending April 30 and October 30 in each year: (i) glass Program Containers, (ii) Program Cans, (iii) PET Program Containers, and (iv) Secondary Packaging. The Ministry and BRI acknowledge that BRI’s processing of Tetra Pak Program Containers and the component parts of Bag-in-Box Program Containers (that is, the bladders (bags) and boxes) are blended by BRI with the applicable Secondary Packaging, and that there is no separate weighing of such Program Containers (nor the component parts thereof). The Ministry and BRI further acknowledge that it is therefore not possible for BRI or Processors to separately report on either such Program Containers and that such Program Containers will be included, although not separately identified, within the report on Secondary Packaging. BRI may, at its option, separately report in the foregoing semi-annual reports in respect of Tetra Pak Program Containers and/or Bag-in-Box Program Containers. For purposes of the above-referenced semi-annual reports, the amounts determined by BRI and Processors will be estimates only, and will be based on the amount, by weight, of such materials provided by BRI to a Processor in relation to the amount, by weight, of such materials processed by such Processor (which will likely include non-Program Containers, including containers and packaging from the BRI Beer Container Recovery System, all of which will likely be commingled). If the Responsible Stewardship Report prepared by BRI in any year includes the information, on an annual (as opposed to semi-annual) basis, required to be included in the above-referenced semi-annual reports for the annual period ended April 30 in that year, then the reports for the semi-annual period ended April 30 in such year (which would otherwise be due to be provided by BRI or a Processor on or before August 31) do not need to be provided by BRI or a Processor.
1.16.2.3 The Ministry and BRI agree that the Ministry and/or its appointee appointed pursuant to section 1.15 of this Schedule 1 may conduct audit verifications as set out below: • Conduct surprise visits and perform substantive spot checks of Program Containers returned; and • Audit BRI and, provided the contracts between BRI and the applicable Processor so permit, Processors, to verify material flows and disposition of Program Containers and Secondary Packaging, including conducting a “follow the waste” review that enables the Ministry to understand and report on how Processors handle the Program Containers and Secondary Packaging collected through the Deposit System. The findings from Ministry audits of Processors and any statements or attestations provided by Processors to the Ministry and/or its appointee will be held as confidential among BRI, the Ministry/appointee and the Processor.
1.16.2.4 Prior to finalization of each Responsible Stewardship Report, BRI agrees to provide a draft copy of the latest version of the Responsible Stewardship Report to the Ministry no later than three (3) weeks in advance of providing it to Waste Diversion Ontario. The Ministry shall review and may, acting reasonably, require changes to all content specifically related to the Deposit System and all content referencing the Deposit System. For greater certainty, the Ministry’s right of approval shall not pertain to content in the Responsible Stewardship Report that pertains to the BRI Beer Container Recovery System.
Appears in 1 contract
Sources: Master Framework Agreement