All good things come to an end – including the cell phones, PDAs and computers that have become an integral part of our wired and wireless world.   A growing concern arising from this reality is the burgeoning amount of hazardous waste represented by discarded electronic equipment.   Computer components, for example, contain lead and mercury, both of which are considered highly toxic. To address this issue, California recently enacted the Electronic Waste Recycling Act of 2003.   The new legislation will establish a state-wide infrastructure to give Californians an opportunity to recycle electronic waste.   To fund the establishment of local collection points and drop-off sites for consumers, retailers and manufacturers will pay a small fee to the State for each electronic product sold. For Canadians – at least for those resident in Ontario – similar legislation designed to control electronic waste is on the horizon.   Bill 126, with the somewhat awkward title, An Act To Ensure That The Producers Of Electronic Equipment Retain Responsibility When Their Products Become Waste, was introduced in the Legislature in June 2003.   As currently drafted, the Bill prohibits land-filling and incineration of electronic waste and requires "producers of electronic equipment to implement a program for ensuring the environmentally sound collection, treatment, recovery and final disposition of discarded and obsolete electronic equipment." Since any legislation not fully enacted before the recent Ontario election will require re-introduction, it remains to be seen how quickly Bill 126 will reappear on the agenda of the newly elected Liberal Government. For information related to California's E-Waste Legislation, see: http://makeashorterlink.com/?K1F445F46; http://rss.com.com/2102-1042_3-5082224.html?tag=st_util_print; or http://makeashorterlink.com/?H20525F46; For a copy of Ontario Bill 126, visit: http://www.ontla.on.ca/documents/Bills/37_Parliament/Session4/b126.pdf. Summary by:   Lenni Carreiro

E-TIPS® ISSUE

03 10 23

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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