36. (1) This Part applies to the owner of a restaurant, including a take-out restaurant.
(2) This Part does not apply with respect to a restaurant that occupies premises in any of the places set out in subsection (3) if the owner of the restaurant co-operates in the conducting of the waste audit and the preparation of the waste reduction work plan required under this Regulation for the place set out in subsection (3).
(3) The places referred to in subsection (2) are,
(a) an establishment in respect of which Part II applies;
(b) a complex in respect of which Part III applies;
(c) a building in respect of which Part VI applies;
(d) a hotel or motel in respect of which Part VIII applies;
(e) a hospital in respect of which Part IX applies;
(f) a location or campus of an educational institution in respect of which Part X applies.
(4) This Part does not apply to an owner of a restaurant in a particular calendar year if,
(a) during the two preceding calendar years there was no year in which the gross sales for all restaurants operated by the owner in Ontario equalled or exceeded $3,000,000; and
(b) the owner is able to demonstrate this fact, within seven days of a request from the Director, through evidence satisfactory to the Director.
(5) Copies of the records related to purchase and sale maintained under subsection 5 (1) of Regulation 1013 of the Revised Regulations of Ontario, 1990 shall be deemed to be sufficient evidence of the gross sales of a restaurant if the copies are certified by the owner or the owner’s representative as to the accuracy of the records.
37. (1) The owner shall conduct a waste audit covering waste generated by the operation of the restaurant. The audit shall also address the extent to which materials or products used consist of recycled or reused materials or products.
(2) After conducting the waste audit, the owner shall prepare a written report of the audit.
(3) In every year following the initial waste audit, the owner shall update the audit and prepare an updated written report.
38. (1) The owner shall prepare a written waste reduction work plan, based on the waste audit, to reduce, reuse and recycle waste generated by the operation of the restaurant.
(2) In every year following the preparation of the initial waste reduction work plan, the owner shall prepare an updated written plan.
39. The owner shall implement the waste reduction work plan as updated.
40. The waste reduction work plan shall include measures for communicating the plan to the owner’s employees who work at the restaurant and, as a minimum, those measures shall require,
(a) that the plan or a summary be posted in places where most employees will see it; and
(b) if a summary is posted, that any employee who requests to look at the plan be allowed to do so.
