A.
In 2016, the
Since 2016,
Soon, both the existing Blue Box program (covering packaging and printed paper ("PPP")) and the Municipal and Hazardous Special Waste ("MHSW") stewardship program will wind up to allow for the transition to IPR models. By
Tech and electronic product companies, tire and automotive manufacturers, and businesses shipping batteries to consumers in
On
The Regulation will transition community blue box services in
Who needs to register?
Under the Blue Box Regulation, "producers" become fully responsible for the collection, recycling, and reuse of PPP materials when consumers discard them. All producers are required to register with the RPRA.4
An entity is a "producer" under the new Blue Box Regulation if they supply products comprised of paper, glass, metal, plastic, or a combination of these materials to consumers in
What PPP is covered?
The Blue Box Regulation standardizes what PPP products can be recycled across more than 250 Ontario communities. In addition to previously covered PPP such as printed paper and plastic, metal, and glass containers, the Blue Box Regulation covers a broader array of products, including single-use stir sticks, straws, cutlery, and plates.5
Important dates
As of
- Register with RPRA by
October 1, 2021 ; -
Establish and operate systems to collect and manage PPP materials in communities outside the Far North6 starting
July 1, 2023 ; and - Report annually on performance to RPRA starting in 2024.7
The province will transition to the new program between
To be included in the new program, municipalities and First Nations must provide information to RPRA regarding their current blue box systems by
The transition to IPR for HSP in
On
On
What HSP is covered?
The HSP Regulation standardizes what HSP are subject to IPR obligations, separating them into five categories:
- Category A: non-refillable pressurized containers and oil filters;
- Category B: antifreeze, oil containers, paints and coatings, pesticides, refillable pressurized containers and solvents;
- Category C: mercury-containing devices including barometers, thermometers and thermostats;
- Category D: fertilizers; and
- Category E: refillable propane containers.
All of the above categories of products were subject to the former MHSW regime, except for mercury-containing products (Category C) which is a new addition under the IPR regime.
Who needs to register?
As with the PPP program, the HSP Regulation makes "producers" fully responsible for discarded HSP materials and requires them to register with RPRA.
The definition of "producer" under the HSP Regulation varies by HSP category:
- For Category A, B, and E products, an entity will be the responsible "producer" if (in order of priority): (1) they are the brand holder of the product and are resident in
Canada ; (2) they are resident inOntario and import the product; (3) they are the first person to market the product who is resident inOntario ; or (4) they are a person who marketed the product that is not resident inOntario . -
For Category C products, an entity will be the responsible "producer" if (in order of priority): (1) they are the brand holder of the product and are resident in
Canada ; or (2) they are a brand holder of a product marketed to consumers inOntario that is similar to Category C products but does not contain mercury. -
For Category D products, an entity will be the responsible "producer" if they are the brand holder of the product and are resident in
Canada .
Like the PPP program, the HSP Regulation can place obligations on brand holders resident anywhere in
The HSP program will also require registration by:
- "Haulers": entities, other than the generator of HSP, who arrange for the transportation of HSP for processing, reuse, refurbishing, or disposal;
-
"Processors": entities who process HSP used by
Ontario consumers for the purpose of resource recovery; and - "Disposal facilities" facilities at which pesticides are disposed of.12
Important dates
As of
Producers must:
- Establish "transitional" programs to collect and manage products and to promote and educate on resource recovery programs by
October 1, 2021 ;13 -
Register with RPRA by
November 30, 2021 ; and -
Report annually on performance to RPRA starting in 2022, including through:
-
An interim report by
January 31, 2022 ; and -
Annual reports beginning on
July 31, 2022 and every year thereafter (which, as of the end of the transitional period onJanuary 1, 2023 , must be delivered through RPRA's forthcoming Hazardous Waste Digital Reporting Service).
-
An interim report by
D. Next steps
As these deadlines approach, companies that sell, distribute or import PPP and/or HSP waste into
If you have questions about how these programs will affect your business, we encourage you to reach out to our Environmental group, which has a wealth of experience with stewardship, extended producer responsibility, IPR and other waste diversion programs in
Footnotes
1. Blue Box Regulation, O Reg 391/21.
2. Hazardous and Special Products Regulation, O Reg 449/21 [HSP Regulation].
3.
4. RPRA Blue Box Program.
5. RPRA Blue Box Regulation.
6. Blue Box Regulation, s. 1; Far North Act, 2010, SO 2010, c 18, s. 1.
"Far North" means,
(a) the portion of
(i)
(ii) The following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of
(iii)
(iv) The following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of
(b) the area, if any, that is set out in the regulations made under this Act and that describes the area described in clause (a) more specifically.
7. RPRA Blue Box Producers.
8. RPRA Blue Box Transition Schedule.
9. RPRA Blue Box Municipal Reporting.
10. HSP Regulation.
11. Minister of the Environment, Conservation and Parks Directive to Stewardship Ontario and RPRA, dated
12. RPRA News Release,
13. These can be established by PROs.
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