Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund

§702-1. (Definitions), §702-2. (Accessory food item), §702-3. (Paper shopping bags), §702-4.A. (Use of reusable shopping bag); §702-5. (Beverage cup), §702-6. (Reusable beverage cup), §702-7. (Offence). §702-8. (Entry to inspect), §702-9. (Orders to comply), and §702-10. (Remedial action) coming into force on March 1, 2024. 3. City Council not require retail business establishment operators to charge for reusable shopping bags at this time, and: a. delete Section 702-4 B and 702-4C from the proposed Municipal Code Chapter 702, Single-Use and Takeaway Items, in Attachment 1 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services. 4. City Council direct the General Manager, Solid Waste Management Services to remove the ask-first on cup, and report back in the first quarter of 2024 with a review for retail business establishments to reduce cups use through a requirement to post that they accept reusable cups as opposed to the ask first by request by-law. 5. City Council clarify that the Ask First/By Request policy allows the business establishment to use their discretion when the customer does not respond or is unclear in their response. 6. City Council direct the General Manager, Solid Waste Management Services, in collaboration with the Medical Officer of Health, and as part of the preparation and educational outreach for the implementation of City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, to provide health guidelines and information material to support retail business establishments to operationalize and meet the by-law requirement to accept reusable cups, before the by-law comes into force. 7. City Council authorize the City Solicitor, in consultation with the General Manager, Solid Waste Management Services, to make such clarifications, minor modifications, technical or stylistic amendments to the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, as may be required to give effect to City Council's decision. 8. City Council direct the General Manager, Solid Waste Management Services, to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines. 9. City Council direct the General Manager, Solid Waste Management Services, in consultation with the relevant City divisions, to submit for consideration as part of the 2025 Budget process, the supporting budget required to implement the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items. 10. City Council: a. direct the General Manager, Solid Waste Management Services, to report back to City Council in the first quarter of 2025, in consultation with the relevant City divisions, on further measures (Stage 3) to reduce single-use and takeaway items, including the feasibility of expanding City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items further to include: 1. large event venues in Toronto; 2. acceptance of reusable food containers provided by a customer at retail business establishments; and 3. requirements for retail business establishment operators to use reusable food containers and beverage cups in their dine-in operations in Toronto. b. authorize the General Manager, Solid Waste Management Services, to negotiate and enter into any non-competitive agreements or any amendment agreements to existing agreements necessary for professional services, such as third-party independent public and stakeholder opinion polling to support the development and research work to accelerate and advance Stage 3 of the Single-Use and Takeaway Items Reduction Strategy as authorized in the parts above, in a form satisfactory to the City Solicitor. 11. City Council authorize the General Manager, Solid Waste Management Services, or designate, until December 31, 2028, to negotiate and enter into agreements, as may be required and where it is determined that the project will support the implementation of Stages 1 and 2 of the Single Use and Takeaway Items Reduction Strategy, with non-profit, public, and private sector organizations to: a. collaborate on projects or initiatives; b. provide in-kind and/or financial support from the approved Solid Waste Management Services budget and is within the General Manager, Solid Waste Management Services financial authority; and/or c. receive funding andor in-kind support, on such terms and conditions acceptable to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor. 12. City Council authorize the implementation of Phase One of the Circular Food Innovators Fund by Solid Waste Management Services, substantially in accordance with the Framework for Phase One of the City of Toronto's Circular Food Innovators Fund in Attachment 2 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services. 13. City Council authorize the General Manager, Solid Waste Management Services, or designate, until December 31, 2024, to execute, on behalf of the City of Toronto, agreements with successful recipients to receive funds distributed under Phase One of the Circular Food Innovators Fund outlined in Attachment 2 to the report (November 15, 2023) from the General Manager, Solid Waste Management Services, on terms and conditions acceptable to the General Manager, Solid Waste Management Services, or designate, and in a form acceptable to the City Solicitor. 14. City Council direct the General Manager, Solid Waste Management Services, to report back by fourth quarter 2026 on the implementation of Phase One of the Circular Food Innovators Fund, and with proposed recommendations for the potential implementation of Phase Two of the Circular Food Innovators Fund that considers support for business innovation across the whole food value chain in support of the City's circular economy and sustainable consumption goals. 15. City Council direct the General Manager, Solid Waste Management Services, to report back in the first quarter of 2024, with any recommendations to adjust the Single Use and Takeaway Items Reduction Strategy that considers the Federal Court's decision quashing the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999, the pending appeal and any amended approaches by the Federal Government. 16. City Council direct the City Manager, through the appropriate Divisions and together with associated City Agencies, Boards and Commissions, to develop a plan that will , prioritize and support the accelerated advancement of Stage 1 and Stage 2 of the Single-Use and Takeaway Items Reduction Strategy at City properties, events and City-run facilities to demonstrate the City taking a leadership role to reduce the use of single-use and takeaway items. 17. City Council request the City Solicitor to report to the Infrastructure and Environment Committee by or before the end of the first quarter of 2024 on the legal feasibility of enacting and enforcing, pursuant to the City of Toronto Act, 2006, a City of Toronto by-law that would prohibit certain retail business establishments in Toronto from providing their customers with the same plastic manufactured items indicated in the Single-use Plastics Prohibition Regulations (SOR/2022-138). 18. City Council request the General Manager, Solid Waste Management Services, as part of the first quarter of 2024 report back on any recommendations to adjust the Single-Use and Takeaway Items Reduction Strategy to include any recommendations to modify the list of items and measures to reduce Single-use and Takeaway items that may result from: a. a review of an item's prevalence in the City's 2022 Litter Audits; b. considerations of an item's potential to persist in the environment (i.e. not biodegradable); and c. operational challenges and considerations with an item's management as litter by the City. 19. City Council direct the General Manager, Solid Waste Management Services to, as part of the first quarter 2024 report back to the Infrastructure and Environment Committee, to include additional details on a monitoring plan which will be used to determine the outcomes of the Single-Use and Takeaway Items By-law including: a. the amount of targeted items found in future Litter Audits and Residential Waste Composition Audits; b. input and feedback from retail business establishments on the awareness of the Single-Use and Takeaway Items Bylaw; c. input and feedback from retail business establishments on any change in the distribution and quantities of Single-Use and Takeaway Items; d. public and stakeholder input and feedback on any behaviour changes related to the use of Single-Use and Takeaway Items; e. any enforcement related statistics resulting from compliance measures related to the Single-Use and Takeaway Items Bylaw; and f. a proposed reporting frequency of the monitoring plan. 20. City Council direct the General Manager, Solid Waste Management Services to include, as part of the report requested in part 18 above, amendments City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items that would require retail business establishments to charge their customers a minimum amount for a reusable shopping bag. 21. City Council direct the General Manager, Solid Waste Management Services, to report back to City Council in first quarter of 2024 on the feasibility to expand City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, further to: a. require Restricted Events to adhere to an Ask First By Request requirement for single-use and takeaway items; and b. amend the definition of Restricted Events to add specificity by considering an event to be time-limited in nature and excluding venues, businesses, and other operations that operate on a regular scheduled basis, such as museums, cinemas, gyms, etc.