Regulations under the Resource Recovery Act govern the management of specific, designated materials (e.g., tires, batteries, and electrical and electronic equipment).3
Ontario's producer responsibility regime is overseen and enforced by the Resource Recovery and Productivity Authority ("RPRA).4
Hazardous and Special Products Regulation and Blue Box Regulation In
The Hazardous and Special Products Regulation:
- replaces
Ontario's Municipal and Hazardous Special Waste ("MHSW") stewardship program - governs the management and disposal of prescribed hazardous and special products, including refillable and non-refillable pressurized containers, refillable propane containers, oil filters, oil containers, antifreeze, paints and coatings, pesticides, solvents, barometers, thermometers, thermostats, and fertilizers, and
-
sets out obligations for hazardous and special products:
- producers (e.g., brand holders, importers, and marketers in certain circumstances)
- processors
- haulers, and
- disposal facilities.
The Blue Box Regulation:
- replaces
Ontario's existing Blue Box recycling program -
standardizes what products can be recycled in blue boxes across
Ontario , including printed paper, plastic, metal, glass containers, packaging-like products (e.g., aluminum foil, metal trays, wrapping paper, paper bags, cardboard boxes and envelopes), and service accessories (e.g., straws, cutlery or plates), and -
sets out obligations for producers of blue box materials, where producers supply blue box materials to consumers in
Ontario , as well as obligations for processors of blue box materials. Producers of blue box materials may include brand holders of the blue box materials, resident importers or retailers of blue box materials, and franchises in certain circumstances.
There are several notable program dates:
- as of
October 1, 2021 , producers of hazardous and special products became responsible to comply withO. Reg . 449/21 requirements, and -
as of
July 1, 2023 , providers of blue box programs will be responsible for collecting and recycling blue box materials in compliance withO. Reg . 391/21, although blue box program registration deadlines are considerably earlier.
Producer Obligations
Under the Hazardous and Special Products Regulation and Blue Box Regulation, producers must:
- register with and pay fees to the RPRA. The fees are intended to hold producers financially responsible for end-of-life management of their products
- establish and operate hazardous and special products and blue box material collection and management systems, and collection promotion and education programs
- report regularly to the RPRA, and maintain records relating to information required to be submitted to the RPRA, and
- cause audits to be completed about the practices and procedures implemented by producers to manage hazardous and special products and blue box materials.
Producer Responsibility Organizations
Similar to producer responsibility regimes in other Provinces,
The PRO model recognizes that it may well be simpler and more cost-effective for industry stakeholders to participate in organized collection, recycling and education programs rather than establishing and operating their own programs in order to comply with
Footnotes
1
2 2016, c. 12, Sched. 1, retrieved from: https://www.ontario.ca/laws/statute/16r12.
3 See
4
5
6
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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