5.0 Implementation Date and Enforcement

Issue

April 1st, 2003 was the target date for increased enforcement of provincial regulations and municipal bylaws in relation to source separation of in front-of-the-counter customer waste in quick-service restaurants. However, many restaurants owners, managers and corporate officers remain unaware of the existence of these regulations and bylaws, their responsibilities toward them, and the penalties for non-compliance. Many waste coordinators also do not know when and how the legislation should be enforced and there is currently no plan in place that would ensure a degree of consistency across the province. Waste haulers also do not have a clear understanding about how enforcement will affect them.

Many restaurant owners and managers expressed concern about being held accountable for waste improperly separated by their customers. Does the presence of containers and signage in a restaurant mean that the restaurant is in compliance, or must they achieve a certain quality of source separation? There is a risk that if restaurants merely need to install containers that the quality of their source separated waste will be poor. In effect, their containers and signage will be more symbolic than useful. However, if compliance is based on source separation quality, then owners and managers are concerned that their staff may come in contact with customer waste in receptacles, potentially posing safety threats and contravening Board of Health regulations.

Current Situation

In Bridgewater, a period of five months was allotted for education about regulations before enforcement. A waste educator, Richard Wilson, contacted all quick-service restaurants to inform them of their responsibilities and the subsequent consequences for non-compliance.

Recommendations

5.1 Implementation Period

Based upon the implementation schedule used in Bridgewater, it is recommended that waste educators have approximately five months to contact, raise awareness and institute educational initiatives in their regions. This would allow time to contact and educate all the appropriate stakeholders involved and ensure that they are adequately informed and prepared. Potentially, associations such as the Canadian and Nova Scotian Restaurant associations could help disseminate information among the stakeholders involved. Enforcement of the in-front-of-the-counter separation should begin only after the five-month phased-in period. Restaurant owners, managers, and corporate officers should clearly understand their responsibilities in terms of containers and waste separation quality so that there is no confusion. In addition, waste haulers should also understand exactly how enforcement would affect them.

5.2 Implementation Date

The implementation date should be the same throughout the province, so that no regional waste coordinator is seen as overly strict. There would have to be some regional variances (i.e. areas such as CBRM would only be able to enforce recycling as organics collection is not available). However, there should be a uniform approach to the implementation of the legislation; every region should have the same timeline for implementation, the same penalties, and the same message.

5.3 Enforcement

The issue of who is responsible for enforcement of the legislation must be clarified. There is confusion as to whether this is the responsibility of the municipalities or of the Department of Environment and Labour. The municipalities and the Department of Environment and Labour should both play a leadership role in enforcing legislation, each enforcing their by-laws and regulations respectively.