On
The HSP Regulation, which came into force on
The HSP Regulation introduces a number of significant changes to
This bulletin provides an overview of producer obligations and key dates under
Who is a Producer?
Materials regulated under the HSP Regulation are organized 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: barometers, thermometers and thermostats.
- Category D: fertilizers.
- Category E: refillable propane containers.
The new regime establishes a methodology for identifying who will attract responsibilities under the HSP Regulations. The Province has provided a hierarchy of producers to ensure that the person with the closest connection to the products is designated as the responsible producer.
Under this responsibility hierarchy with respect to HSP under Categories A, B and E, a brand holder who is a resident of
With respect to Category C, all brand holders that are resident in
With respect to Category D, the brand holder who is resident in
Producer Obligations
With some limited exceptions, the HSP Regulation requires producers of HSP to:
- Establish free collection networks for consumers across
Ontario . In larger communities, there must be an accessible network of drop-off locations for consumers and, in smaller or remote communities (including First Nation reserves), collection services must be available to consumers on a call-in basis; - Manage all collected materials properly, including meeting procedures for recycling, where possible, and disposal;
- Provide promotional and education materials to increase awareness about the product itself as well as collection, management, recycling and disposal services;
- Comply with registration, reporting and record-keeping requirements; and
- Transparently reflect any charges associated with the above activities that are intended to be passed on to consumers.
Similar to the electrical and electronic equipment, battery and tire programs under the Act, producers are entitled to contract with a
Timelines for Transition
Key dates under the HSP Regulation are as follows:
July 31, 2021 : Processors and haulers of HSP as well as HSP disposal facilities are required to register with the RPRA.October 1, 2021 : Producers' transitional HSP collection requirements and promotional, educational and management obligations begin. During the transitional collection period, fromOctober 1, 2021 toDecember 31, 2022 , producers must ensure the continuation of the current number of collection sites and events in each municipality.October 31, 2021 : Producers of HSP are required to register with RPRA by this date.January 31, 2022 : Producers of HSP are required to submit an interim report to the RPRA by this date outlining how they are or will fulfill the regulatory responsibilities under the HSP Regulation.- Every year, starting on
July 31, 2022 : Producers have an ongoing requirement to submit an annual report to the RPRA that outlines their compliance with all regulatory responsibilities under the HSP Regulation for the prior calendar year. Note that the 2022 calendar year is deemed to beOctober 1, 2021 toDecember 31, 2022 under the HSP Regulation. January 1, 2023 : The transitional collection period ends and producers have new collection requirements that mandate the operation of additional collection sites depending on the size of the producer and the type of HSP produced.
Impacts to Producers of HSP
The obligations created by
With most producer obligations coming into force on
Footnotes
1 Hazardous and Special Products,
2
3 Waste Diversion Transition Act, 2016, S.O. 2016, c. 12, Sched. 2.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
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