Principal Issues: 1. Does “forest biofibre”, as defined by the Ontario Ministry of Natural Resources, meet the definition of “wood waste” in subsection 1104(13) of the Regulations? 2. Are wood pellets manufactured from “wood waste” considered an “eligible waste fuel” for the purposes of Class 43.1?
Position: 1. Question of fact. Whether or not a particular item meets the definition of “wood waste” can only be determined on a case-by-case basis. 2. Yes.
Reasons: 1. Not all items that could be included in Ontario's definition of “biofibre” would be automatically included in the definition of “wood waste”. 2. Wood pellets manufactured from inputs meeting the definition of “wood waste” in subsection 1104(13) of the Regulations would be considered an “eligible waste fuel” for the purposes of subparagraph (d)(ix) of Class 43.1.