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THE PULSE
Newsletter of the Canadian Association of Recycling Industries
Volume 15, No. 1, January 2010

President's Message | CARI Members | CARI Activities
Industry Competitive Act Information | Fast Facts

PRESIDENT’S MESSAGE

My predecessor, Randy Douglas, established industry safety as one of his three priority issues. He created several initiatives including a stronger partnership with ISRI who also included industry safety as one of their priorities. Although I have not focused on safety in my messages to you, it continues to be a concern for our organization.

Improved safety is as important as company growth or increased profitability. However, industry safety can only occur as a result of collective policy directions and focused management. To be truly effective they must become part of the company culture.

To assist members in their safety management, CARI has continued to work with ISRI on specific and relevant industry safety tools. We have an agreement to alert members regarding ISRI’s 2-minute driver safety videos. Additionally, CARI representatives regularly attend the ISRI Safety and Environment Council meetings. Building on an agreement from several years ago, we have just purchased the rights to the industry specific safety manual recently completed by ISRI.

It is our intent to make the necessary editorial changes to accommodate the Canadian regulatory obligations and issue it to all members in both English and French. This will be the third management manual for members, complimenting the Environmental Management Handbook, completed in 2001 and revised in 2004, along with the Human Resource Policy Manual completed last year.

Finally, CARI has been working with ISRI to bring a condensed one-day safety training workshop to Canada. I am very pleased to say that this seminar has been finalized, and will take place in Toronto in March. It will be lead by John Gilstrap, ISRI’s Director of Safety. John has been in the safety field for 28 years, providing safety and health guidance to the recycling industry, along with the explosives processing, chemical weapons, hazardous waste and automotive service industries as well. He will be covering Safety as a Management Opportunity; Setting Goals and Charting Progress; Work Rules, Progressive Discipline and Employee Incentives; and Safety Inspections and Self-Assessment.

This CARI event is specifically designed for owners and managers in scrap recycling companies; those with the authority to make changes to corporate safety standards. I encourage members to attend. We all need to take responsibility to do everything possible to ensure that all employees in our industry work in the safest possible environment.

Thank You.

Sheldon Jarcaig
CARI President

Visit www.agroinsuranceinc-crhb.ca for info.

CARI MEMBERS

CARI member, Niagara Metals LLC plans to open a feeder yard in Rochester to serve its primary scrap operation in Niagara Falls, N.Y. The purchased location has rail access on its 10-acre Royalton site. If approved, the facility is set to be in operation sometime in the first quarter of 2010.

Tube City IMS LLC, a CARI member, has promoted William R. Miller to Executive Vice President - Operations of its Mill Services Group. Miller had been Senior Vice President and General Manager of International Operations. His expanded role will be to develop and grow the worldwide operations for the mill services unit.

INDUSTRY COMPETITIVE ACT INFORMATION

Changes to the Marketing Provisions – Rules Change and Penalties Increase

This last article on the amendments to the Competition Act discusses changes to the misleading advertising provisions (the “Marketing Provisions”). The amendments change the Marketing Provisions in two ways. First, the amendments significantly increase the consequences for businesses that violate the Marketing Provisions. And second, the amendments codify certain case law and expand the reach of the Marketing Provisions.

Bigger Penalties Make Violations Even More Costly

Violating the Marketing Provisions is an expensive proposition. The amendments make this price steeper.

Tighter Rules Makes it Easier to Prove an Offence

The amendments expand the reach of the Marketing Provisions by stating that in order to prove an advertisement is false or misleading it is not necessary to establish that:

(1) any person was deceived or misled;

(2) any member of the public to whom the representation was made was within Canada; or

(3) the representation was made in a place to which the public has access.

The amendments mean that CARI members must be particularly vigilant about ensuring truth in their advertising. For example, CARI members can no longer ignore the Marketing Provisions merely because they are making a representation in a place where the public does not have access.

Jonathan Hood practices competition law and commercial litigation at McMillan LLP. He can be reached by phone at 416-865-7255 or by email at jonathan.hood {at} mcmillan.ca.

FAST FACTS

• Two masked individuals tied up employees of Sims Metal Management in Chicago while trying get away with the yard’s ATM but failed because it was too heavy. All employees were safe and unharmed.

• The U.S. EPA has issued new guidelines for export and import of hazardous waste intended for recycling. The new regulations increase the level of regulatory oversight. Exported used lead-acid batteries for recycling are given particular new rules, with additional notification and consent requirements. The new rules mandate recovery facilities submit certificates after recovery of the waste has been completed, and adds new procedures to ensure materials transferred between facilities are processed in an environmentally sound manner. Please visit here for more information.

• B.C. Environment Minister Barry Penner announced changes to the recycling rules for the province to include antifreeze and lead-acid batteries. The new regulation will require producers to develop, and submit for approval, recycling programs for these products by July 2011. Antifreeze containers will also be included in recycling regulations. As a result, people will be able to recycle antifreeze and its container as easily as oil, pesticides and paint by July 2011.