Frequently Asked Questions

A producer’s individual management requirements are determined by the following formulas found in section 13 of the Regulation:

It is important to note that producer’s must ensure that all batteries collected are managed regardless of their minimum management requirement.

No, producers are not required to sign up with a PRO to meet their regulatory requirements. It is a business decision if a producer chooses to work with a PRO, and a producer can choose to meet their obligations without a PRO.

Most producers will choose to contract with a PRO to provide collection, hauling, processing, retreading and/or refurbishing services to achieve their collection and management requirements unless they carry out these activities themselves.

As of October 1, 2021, producers, or PROs acting on their behalf, are required to establish and operate a system for managing HSP by satisfying their management requirements as follows:

• All oil containers, antifreeze, refillable pressurized containers, solvents, paints and coatings picked up from a collection site must be processed within three months from the date of the pickup
• Producers of pesticides must ensure that pesticides are properly disposed of at an HSP disposal facility registered with the Authority no later than three months after the day the pesticides are collected
• Producers must ensure that materials are processed by an HSP processor registered with the Authority. On and after January 1, 2023, producers or PROs on behalf of producers shall ensure that the HSP is processed by an HSP processor at a facility in respect of which the HSP processor reported an average recycling efficiency rate for that type of HSP that is at least the percentage set out in the table below

Producers of fertilizers have no management requirements.

Producers of refillable propane containers have no management requirements.

A producer can calculate their management requirements independently with their supply data outside the Registry.

As of October 1, 2021, producers, or PROs acting on their behalf, are required to establish and operate a management system and must:

• process all oil filters and non-refillable pressurized containers picked up from a collection site within three months from the date of the pickup
• ensure that materials are processed by an HSP processor registered with the Authority that has achieved the minimum recycling efficiency rate (RER)

Beginning January 1, 2022, producers are required to recover an amount of material based on their average supply into Ontario and report on it starting in 2023. For the purposes of accounting for a weight of recovered resources from oil filters and/or non-refillable pressurized containers with respect to 2022, a producer may count the weight of recovered resources from that type of HSP from October 1, 2021 to December 31, 2022.

No. Producers and PROs working on their behalf must operate the collection systems they have established as required by the Regulation even after their requirements are met. If a consumer is refused permission to drop off materials at a registered collection site, they can contact the Compliance and Registry Team at registry@rpra.ca, 647-496-0530 or toll-free at 1-833-600-0530.

A battery producer qualifies for an exemption if its management requirement is less than 1.25 tonnes of rechargeable batteries or less than 2.5 tonnes of single-use batteries. A producer’s management requirement is calculated as a percentage of the weight of batteries supplied into Ontario in a specific period. This calculation changes each year, and therefore producers should verify whether they qualify for an exemption annually.

For information about how to calculate your management requirement, refer to our FAQ, How are battery producer minimum management requirements determined?

A producer who meets the weight exemption and has five or more full-time employees does not have collection or management requirements but is required to register and report battery supply data to the Authority.

A producer who meets the weight exemption and has less than five full-time employees has no obligation under the Batteries Regulation.

Producers who want to confirm their status as an exempt producer should contact the Compliance Team at registry@rpra.ca or 833-600-0530.

In determining whether an obligated producer used best efforts to meet their management requirements, the Compliance Team will consider whether the producer, acting in good faith, took all reasonable steps to meet the requirements outlined in the applicable regulation.

For example, best efforts in the context of management requirements may involve a producer regularly monitoring the volume of material being collected and managed, and implementing plans for increasing those volumes if the requirements are unlikely to be met.

Producers can contact the Compliance Team to ask specific questions about fulfilling their obligations.

As of July 1, 2020, producers are required to establish and operate a collection system for batteries that meets the accessibility requirements in the regulation. Producers must ensure that all batteries collected are managed regardless of their minimum management requirements.

For producers to meet their obligations, they have the choice of establishing and operating their own collection and management system or working with one or more producer responsibility organizations (PROs) that are registered with the Authority.

Please contact the Compliance Team at 833-600-0530 or registry@rpra.ca to discuss other requirements under the Batteries Regulation.

As of January 1, 2021, producers are required to establish and operate a collection system for ITT/AV that meets the accessibility requirements in the regulation. Producers must ensure that all ITT/AV collected is managed regardless of what their minimum management requirements are.

Producers have the choice of establishing and operating their own collection and management systems or working with one or more producer responsibility organizations (PROs) registered with the Authority to meet their obligations.

Please contact the Compliance Team at 833-600-0530 or registry@rpra.ca to discuss other requirements under the EEE Regulation.

As an obligated Blue Box producer, you are required to:

• Register with RPRA
• Report supply data to RPRA annually
• Meet mandatory and enforceable requirements for Blue Box collection systems
• Meet mandatory and enforceable requirements for managing collected Blue Box materials, including meeting a management requirement set out in the regulation
• Meet mandatory and enforceable requirements for promotion and education
• Provide third-party audits of actions taken towards meeting your collection and management requirements, and report on those actions to RPRA through annual performance reports

Producers shall ensure that, no later than three months after the day the material is collected, the HSP is processed by an HSP processor who is registered with RPRA.

On and after January 1, 2023, producers or PROs on behalf of producers shall ensure that the HSP is processed by an HSP processor at a facility in respect of which the HSP processor reported an average recycling efficiency rate for that type of HSP that is at least the percentage set out in the table below.

If a producer is exempt in accordance with the chart below, the producer is exempt from the following requirements:

1. Registration with RPRA
2. Requirements related to setting up or operating a collection system
3. Management requirements
4. Promotion and education requirements

Producer categories use the average weight of material (in tonnes) supplied in Ontario in the previous calendar year. To calculate your average weight of supply, reference the Registration Form.

Yes. Exemptions are based on a producer’s annual revenue and how much they supply per material category.

• • Any producer whose gross annual Ontario revenue from products and services is less than $2,000,000 is exempt from all producer requirements under the regulation.
  • Any producer who meets the exemption must keep any records that demonstrate its gross annual Ontario revenue is less than $2,000,000 in a paper or electronic format and can be examined or accessed in Ontario for a period of five years from the date of creation.

Producers can also be exempt from having management requirements for a material category based on their supply in that category

There are three exemption scenarios for producers:

1. If the producer’s annual revenue is less than $2 million, they are required to maintain records only
2. If annual revenue is more than $2 million, and supply weight in all material categories is less than the tonnage exemption threshold, producers are required to register and report
3. If annual revenue is more than $2 million, and supply weight in at least one material category is above the tonnage exemption threshold, producers are required to meet all obligations (registration, reporting, collection, management, and promotion and education). However, producers are only required to meet their management requirement in material categories where they are above the exemption level.

See our FAQ to understand what revenues municipalities and registered charities should consider when determining whether or not they are an exempt producer.

No. The Authority does not administer contracts or provide incentives. Under the Regulations, producers will either work with a producer responsibility organization (PRO) or work directly with collection sites, haulers, refurbisher’s and/or processors to meet their collection and management requirements. Any reimbursement for services provided towards meeting a producers’ collection and management requirements will be determined through commercial contracts.

To discuss any payment, contact your service provider or a PRO. RPRA does not set the terms of the contractual arrangements between PROs and producers.

Producer supply data is used to calculate their individual minimum management requirements under the Batteries Regulation.

To learn how calculations are formulated, visit the FAQ How are battery producer minimum management requirements determined?

Producer supply data is used to calculate their individual minimum management requirements under the EEE Regulation.

To learn how calculations are formulated, visit the FAQ How are ITT/AV producer minimum management requirements determined?

Collectors will have to independently enter into commercial agreements with producers, producer responsibility organizations (PROs) or other service providers such as haulers or processors to secure tire collection services. Collectors could also continue to operate within their existing agreements with service providers such as haulers or processors. As long as a collector’s site is part of a producer’s tire collection system, the producer, or their PRO, is obligated to ensure tires are picked up from that site.

Since producers now have legal obligations under the Tires Regulation, producers, or their PROs, will need your tires to meet their management requirements , but you must be registered with RPRA for your tires to count towards producers’ collection and management requirements (unless you are exempt from the registration requirement, for example, municipal sites, Crown sites and fleet operator sites).

A list of registered PROs and producers is available on RPRA’s website on the Find a Registrant page.

As an obligated HSP producer, you are required to:

• register and report annual supply and performance data of obligated materials
• meet mandatory and enforceable requirements for collection and management
• meet mandatory and enforceable requirements for promotion and education
• meet mandatory and enforceable requirements for auditing, verification, and record keeping

These requirements vary based on material type and amount of material the producer supplies.

Tire Collection Requirements
The minimum tire collection requirements are calculated based on a rolling average of three years of tire supply data multiplied by 0.85 to account for tire wear. Section 4(2) of the Tires Regulation describes the formula used.

Tire Resource Recovery Requirements
Producers must ensure that 85% of the tires they collected in a year, by weight, were reused, retreaded or turned into processed materials and made into products and packaging as described in section 11 of the Tires Regulation.

Any producer who collects tires in a calendar year, despite being exempt from the collection requirements under section 4(7) of the Tires Regulation, is required to manage those tires (through reuse, retreading or processing) in accordance with section 11(6) of the Tires Regulation.

An ITT/AV producer qualifies for an exemption if its management requirement for a performance period is not more than 3.5 tonnes with respect to ITT/AV or not more than 350 kg with respect to lighting. The producer is exempt from the following:

• Registering and reporting to the Authority;
• Establishing a collection and management system and meeting a management requirement; and
• Promotion and education requirements.

The management requirement percentage increases each year in 2023, 2024, and 2025, therefore while you may be exempt in 2021 and 2022, you might not be exempt in subsequent years. Therefore, a producer must verify that they continue to meet the exemption each year.

If a producer is exempt and therefore not required to register with the Authority, they must retain records related to the weight of ITT/AV supplied into Ontario each year and provide them to the Authority upon request.

Producers are encouraged to confirm their exemption with the Compliance Team at 833-600-0530 or registry@rpra.ca.

Yes, there are some key changes to the data reported to Stewardship Ontario and what needs to be reported under the new regulation, which may affect what a producer is obligated for and should be considered if using data previously reported to Stewardship Ontario:

• There are fewer reporting categories than under the Stewardship Ontario program
• Certified compostable packaging and products now must be reported separately, but this category does not have management requirements
• There are only two deductions permitted under the Blue Box Regulation, and producers must report total supply and then report any weight to be deducted separately
• Exemptions are based on tonnage supply under each material category instead of a total supply weight threshold of less than 15 tonnes as in Stewardship Ontario’s program

See our FAQ to understand “What deductions are available to producers under the Blue Box Regulation?”; “Are there exemptions for Blue Box producers?“; “Are there any differences in Blue Box producer hierarchies between the current Stewardship Ontario program and the new Blue Box Regulation?”; and “Are there are any differences in obligated Blue Box materials between the current Stewardship Ontario program and the new Blue Box Regulation?”

In December 2019, the Ministry of the Environment, Conservation and Parks (the ministry) released a regulation under the Environmental Protection Act, titled “On-Site and Excess Soil Management” (the regulation) to support improved management of Excess Soil.

This regulation supports proper management of Excess Soils, ensuring valuable resources don’t go to waste and to provide clear rules on managing and reusing Excess Soil. Risk-based standards referenced by this regulation help to facilitate local beneficial reuse promote reduction of greenhouse gas emissions from soil transportation, while ensuring strong protection of human health and the environment. The risk-based standards can be found in the document adopted by reference under this regulation, Rules for Soil Management and Excess Soil Quality Standards.

A volunteer organization is a person who:

• Is a brand holder who owns a brand that is used in respect of batteries or EEE;
• Is not a resident in Canada;
• Has registered with the Authority; and
• Has entered into a written agreement with a producer for the purpose of carrying out one or more producer responsibilities.

A volunteer organization is not a producer but can take on the registration and reporting responsibilities for producers in relation to its brand. Under the Regulation, producers remain responsible for meeting their management requirements and cannot pass off their obligations through voluntary remitter agreements or any other commercial agreement.

Any brand holder or producer who is interested in making any agreement as indicated (or described) above, should contact the Compliance Team at registry@rpra.ca, 647-496-0530 or toll-free at 1-833-600-0530.

A producer responsibility organization (PRO) is a business established to contract with producers to provide collection, management, and administrative services to help producers meet their regulatory obligations under the Regulation, including:

• Arranging the establishment or operation of collection and management systems (hauling, recycling, reuse, or refurbishment services)
• Establishing or operating a collection or management system
• Preparing and submitting reports

PROs operate in a competitive market and producers can choose the PRO (or PROs) they want to work with. The terms and conditions of each contract with a PRO may vary.

Producers of every type of HSP are required to keep records for a period of five years from the date of the record being created.

Producers must keep records that relate to the following:

• arranging for the establishment or operation of a collection or management system
• establishing or operating a collection or management system
• information required to be submitted to the Authority through the Registry
• implementing a promotion and education program
• weight of each type of HSP within each applicable category of HSP supplied to consumers in Ontario, regardless of whether information about the weight was required to be submitted to the Authority
• any agreements that relate to the above records

No. RPRA is the regulator for the purposes of the new EEE Regulation. Producers and PROs are required to register with RPRA and meet the mandatory performance and reporting requirements under the regulation. RPRA is responsible for overseeing compliance with the regulation and has a range of enforcement tools that include compliance orders, administrative penalties, and prosecutions.

As a regulator, RPRA will not provide collection and management services. Instead, producers will be served by a competitive market comprised of processors, refurbishers, haulers, and PROs. Producers can contract with PROs to meet their obligations under the EEE Regulation, but producers will always remain responsible for meeting those requirements regardless of who they contract with.

Individual Producer Responsibility (IPR) means that producers are responsible and accountable for collecting and managing their products and packaging after consumers have finished using them.

Under the regulation, producers are directly responsible and accountable for meeting mandatory collection and recycling requirements for end of life products. With IPR, producers have choice in how they meet their requirements. They can collect and recycle the products themselves, or contract with producer responsibility organizations (PROs) to help them meet their requirements.

The regulation requires notices to be filed for three types of activities:

1. Notice filings for excess soil from Project Areas that can be made by a Project Leader or Authorized Person and may require retaining a Qualified Person. These notices will be required starting January 1^st, 2022, before soil that will become excess soil is removed from the Project Area. There will be two fillings for each notice:

1. An initial filing before the soil is removed, which will require the following information to be provided:

• • a description of the project and Project Area including the location of each property within the project area
  • the contact information of the Project Leader, Operator or Authorized Person and the person responsible for transportation, and if applicable, the qualified person
  • an estimated amount of the soil that will be generated broken down by quality standard
  • a list of substances/materials that were added to the soil
  • the location of temporary or final sites that the soil will be transported to
  • details of the Reuse Site(s) where the soil will be moved to
  • information on any peer review or certification processes if applicable
  • and a declaration by the Project Leader.

Exceptions

The Project Leader, Operator or Authorized Person may file a notice after soil that will become excess soil has been removed from the project area if:

• conducting the required sampling and analysis at the project area is impractical
• the soil is removed from the project area and delivered to a temporary site to conduct the required sampling, and
• the Project Leader, Operator or Authorized Person makes sure the required sampling is conducted as soon as the soil is delivered to the temporary site

If soil is removed before a notice is filed in the Registry, the Project Leader, Operator, or Authorized Person is required to ensure that the notice is filed in the Registry before the soil that has become excess soil is transported from the temporary site to the final site.

More information about when this type of notice filing is not required can be found under Schedule 2 of the regulation.

The Project Leader or Authorized Person is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

2. A final notice within 30 days after excess soil has been removed from the Project Area or temporary site which will require the following information:

• the amount of excess soil removed from the Project Area that was deposited at: a class 1 soil management site, a class 2 soil management site, a reuse site, a local waste transfer facility, and a landfilling site or dump
• the date on which the last load of excess soil was removed from the project area or temporary site
• a declaration by the Project Leader

2. Notice filings for Residential Development Soil Depots can be made by an Owner, Operator, or Authorized Person. This notice will be required before excess soil is deposited on a residential development soil depot site if the depot commences operation on or after January 1, 2022, or if the depot was already in operation when the requirement to file a notice comes into effect, the notice should be filed ahead of January 1, 2022.

The Owner or Operator of the Residential Development Soil Depot must ensure that the quality of the excess soil accepted and managed at the depot meets the applicable Excess Soil Quality Standards set out in the regulation. There will be two filings for each notice:

1. An initial filing before the soil is received, which will require the following information to be provided:
   • the site location
   • the contact information of the Site Owner and Operator
   • the project commencement date
   • the estimated amount of soil (including inventory on-site)
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final filling within 90 days of the depot closing indicating the date when the depot ceased operations, and a declaration by the Site Owner or Operator.

3. Notice filings for Reuse Sites can be made by a Site Owner, Operator, or an Authorized Person. These will be required starting January 1^st, 2022, and apply to a Reuse Site that expects at least 10,000 m3 of excess soil to be deposited after January 1^st, 2022 (including Reuse Sites that were in operation before that date). There will be two filings for each notice:

1. An initial filing before the excess soil is deposited, which will require the following information to be provided:
   • the site location/property type
   • the contact information of the Site Owner and Operator
   • a description of the undertaking
   • the applicable excess soil quality standards for the site
   • the estimated amount of soil by quality standard
   • the estimated dates when the first and last soil load will be deposited
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final notice filing within 30 days after the final load of excess soil has been deposited at the Reuse Site which will require the following information:
   • confirmation that all excess soil that will be reused for a beneficial purpose has been deposited at the reuse site
   • the total amount of excess soil that was deposited
   • the date the final load of excess soil was deposited
   • and a declaration by the owner or operator.

The Site Owner or Operator is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

Exemptions:

Reuse Sites that are part of infrastructure projects are not required to file notices.

To calculate Blue Box P&E admin staff costs there are several steps:

• Determine total admin costs (salary, benefits, etc.) for promotion and education related to waste management and enter it in the first column
  • Determine this cost based on the number of hours spent on P&E, not the total number of total hours for this position
• Determine the ratio of the number of hours of Blue Box specific P&E activities versus total number of hours of P&E for waste management
  • Convert this ratio of hours to a percent and enter it in the second column

Yes. Producers are required to, at a minimum, publish and clearly display the following information on their website:

1. The locations of the producer’s tire collection sites, for each tire type, where consumers may return tires at no charge. (This can done by directing people to the Authority’s Find a Collection Site map)
2.  A description of any collection services provided by the producer that are available other than at a tire collection site.
3.  A description of the resource recovery activities engaged in by the producer in the course of managing the producer’s collected tires.

As a producer, you may also be retailer, you can choose to charge a fee on the sale of new tires in Ontario to recover the costs associated with end of life collection and management. If you choose to charge a fee, such as a resource recovery fee or a tire handling fee, it may be added to the price of the product, or charged as a visible fee. You must be honest about what the visible fee is for and the amount cannot be arbitrary. A visible fee cannot be referred to as a tax.

As a retailer, you may also be a producer and/or a collector, based on the definitions in the Tires Regulation.

Promotion and education requirements will have to be met under section 13 of the Tires Regulation, if you have a website. This includes clearly displaying on the website:

• that the consumer may return tires to the site at no charge, if the retailer is a collection site; or
• the locations of tire collection sites near each retail location, if the retailer is not a collection site

Retailers can choose whether to charge a fee on the sale of new tires in Ontario to recover the costs associated with end of life collection and management. If you choose to charge a fee, such as a resource recovery fee or a tire handling fee, it may be added to the price of the product or charged as a visible fee. Businesses must be honest about what the fee is for and the amount cannot be arbitrary. A visible fee cannot be referred to as a tax.

The Authority recognizes the commercially sensitive nature of the information that parties submit to the registry. The Authority is committed to protecting the commercially sensitive information and personal information it receives or creates in the course of conducting its regulatory functions. In recognition of this commitment, the Authority, in addition to the regulatory requirements of confidentiality set out in the Resource Recovery and Circular Economy Act 2016 (section 57), has created an Access and Privacy Code that applies to its day-to-day operations, including the regulatory functions that it carries out.

Obligated material supply, collection, and resource recovery data will only be made public in aggregate form, to protect the confidentiality of commercially sensitive information.

The Authority will publish the names and contact information of all registered businesses – producers, service providers (collectors, haulers, processors, etc.), and producer responsibility organizations. The public will also have access to a list or method to locate any obligated material collection sites, as this information becomes available.

As part of its regulatory mandate, the Registrar will provide information to the public related to compliance and enforcement activities that have been undertaken.

The information that is submitted to the Registry will be used by the Registrar to confirm compliance and to track overall collection and management system performance. It will also be used by the Authority to update its policies and procedures and by the Ministry of Environment, Conservation and Parks for policy development.

As required under the regulation, Project Leaders, Owners and Site Operators are required to use the Excess Soil Registry to file notices for certain Project Areas, Reuse Sites, and Residential Development Soil Depot sites where Excess Soil is generated, transported, temporarily placed, and deposited.

Project Leaders, Owners and Site Operators can also assign an Authorized Person to file a notice and pay fees in the Registry on their behalf.

Role definitions

Project Leader

In O. Reg. 406/19, the Project Leader means, in respect of a project, the person or persons who are ultimately responsible for making decisions relating to the planning and implementation of the project.

The Project Leader is responsible for ensuring that a Project Area Notice is filed if required. They must always complete and sign the required declarations that are a component of the notice being filed and pay Registry fees.

Owner

A person who owns the land, with an interest upon whose credit, behalf, privity or direct benefit an improvement is made to the premises.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Operator

A person who has the charge, management, or control of a site. An Operator may be an owner of a property, lease a property or be contracted to operate a Project Area Site, Reuse Site or Residential Development Soil Depot.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Authorized Person

A person who is authorized by the Project Leader, Owner, or Operator of a site, to complete a notice filing and pay fees on their behalf.

The Authorized Person can initiate a notice in the Registry if permitted to by the Project Leader, Owner, or Operator of a site, and can complete all required notice information and pay applicable fees on their behalf.

Qualified person (QP)

QPs under the regulation have the same meaning as section 5 and 6 of Ontario Regulation 153/04 (O. Reg. 153/04).

Section 5 of O. Reg. 153/04 defines a Qualified Person as professional engineers and geoscientists – these are the persons who may oversee or conduct environmental site assessments or complete certifications in a Record of Site Condition. Section 6 of O. Reg. 153/04 sets out the requirements for Qualified Persons who conduct or oversee a risk assessment.

A QP may be designated as an Authorized Person by the Project Leader or by an Owner/Operator to file a notice to the Excess Soil Registry on their behalf.

Beginning October 1, 2021, producers of oil filters and non-refillable pressurized containers, or PROs acting on their behalf, are required to establish and operate a promotion and education program including the following:

• promote their collection and management services with respect to the type of HSP they are obligated for
• provide the following information on a website with respect to that type of HSP:
  • the location of each HSP collection site established or operated by the producer that is accessible to the public and the types of HSP accepted at each site
  • the location and date of each HSP collection event held by the producer and the types of HSP accepted at each event
  • a description of the collection services provided by the producer, other than HSP collection sites and HSP collection events
  • a description of how the producer manages that type of HSP after it is collected
  • create promotional and educational materials with respect to that type of HSP that include the following:
    • the website URL
    • a description of how that type of HSP is collected and managed
  • the producer shall make the promotional and educational materials available to retailers that supply that type of HSP, municipal governments and Indigenous communities, and shall solicit and consider feedback on how the promotional and educational materials can be improved
  • the producer shall promote each HSP collection event for that type of HSP in the local municipality or territorial district where it will be held for at least one week prior to the date of the event using a combination of two or more forms of media, including but not limited to:
    • local print publications
    • local print media
    • local radio
    • local signage or social media

Beginning October 1, 2021, producers, or PROs acting on their behalf, of oil containers, antifreeze, pesticides, solvents, paints and coatings are required to establish and operate a promotion and education program including the following:

• Promote their collection and management services with respect to the type of HSP they are obligated for
• Provide the following information on a website with respect to that type of HSP:
  • the location of each HSP collection site established or operated by the producer that is accessible to the public and the types of HSP accepted at each site
  • the location and date of each HSP collection event held by the producer and the types of HSP accepted at each event
  • a description of the collection services provided by the producer, other than HSP collection sites and HSP collection events
  • a description of how the producer manages that type of HSP after it is collected
• Create promotional and educational materials with respect to that type of HSP that include the following:
  • the address of the website
  • a description of how that type of HSP is collected and managed
• The producer shall make the promotional and educational materials available to retailers that supply that type of HSP, municipal governments and Indigenous communities, and shall solicit and consider feedback on how the promotional and educational materials can be improved
• The producer shall promote each HSP collection event for that type of HSP in the local municipality or territorial district where it will be held for at least one week prior to the date of the event using a combination of two or more forms of media, including but not limited to:
  • local print publications
  • local print media
  • local radio
  • local signage or social media

Beginning October 1, 2021, producers or PROs acting on their behalf, of mercury-containing devices are required to establish and operate a promotion and education program that:

• Promotes their collection and management services with respect to the type of HSP they are obligated for
• Provides the following information on a website with respect to that type of HSP:
  • the presence of mercury in that type of HSP
  • how to distinguish that type of HSP from similar products that do not contain mercury
  • the hazards to human health and the environment related to mercury
  • how consumers can properly dispose of that type of HSP
  • a description of the collection services provided by the producer under this Regulation for that type of HSP
  • a description of how the producer manages that type of HSP after it is collected under this Regulation
• Creates promotional and educational materials with respect to that type of HSP that include the following:
  • the address of the website
  • a description of how that type of HSP is collected and managed
• The producer shall make the promotional and educational materials available to retailers that supply that type of HSP or similar products that do not contain mercury, municipal governments, and Indigenous communities, and shall solicit and consider feedback from those retailers, municipal governments and Indigenous communities on how the promotional and educational materials can be improved

Brand holders and producers that supply products and packaging are required by legislation to meet individual mandatory collection and resource recovery requirements and may face compliance and enforcement consequences for failing to do so. The executive attestation ensures that executives responsible for managing the brand holder’s or producer’s business are aware of these requirements and can ensure that appropriate measures are put in place to achieve compliance with the regulations.

Producers of fertilizers have no collection requirements.

Beginning October 1, 2021, producers are obligated to:

• establish and operate a promotion and education program starting in 2022
• provide information on their website about how consumers can use, share and properly dispose of fertilizer with local requirements
• create promotional and education materials that include:
  • The website URL
  • A description of how consumers can use, share and properly dispose of fertilizer
• solicit, consider feedback from, and make the promotional and education materials available to:
  • Indigenous communities
  • Municipal governments
  • Retailers that supply fertilizers
• provide information to municipalities on innovative end-use options for fertilizers as an alternative to disposal

There are no promotion or education requirements for producers of refillable pressurized containers.

There are no promotion or education requirements for producers of refillable propane containers.

No, users that filed notices in the Excess Soil Registry and paid the associated Registry fees before the temporary suspension came into effect on April 21, 2022, were complying with the necessary requirements of the regulation. Notices filed before the pause will continue to be recognized after January 1, 2023. No refunds will be issued.

Yes, users that initiate a notice filing during the temporary suspension of requirements under the Excess Soil Regulation (from April 21 to December 31, 2022) are required to pay the associated 2022 Registry fees.

RPRA’s Registry fees cover the costs to build, deploy and operate the Registry, and to provide ongoing support and training materials to Registry users. Users who choose to wait until January 1, 2023 to file their notices will pay the 2023 Registry fees. 2023 Registry fees will be consulted on and set in the fall of 2022.

Projects initiated in 2022 that continue into 2023 and meet the requirements to file a notice will be required to file starting January 1, 2023. As a best practice, users are encouraged to file notices before a project commences soil movements, rather than wait until January 1, 2023. For projects that will start and end in 2022, a notice is not required but welcomed on a voluntary basis.

RPRA Registry fees will still apply to voluntary notices. See our FAQ to understand “If I initiate a notice filing in the Excess Soil Registry during the temporary suspension of requirements under the Excess Soil Regulation from April 21 to December 31, 2022, am I required to pay Registry fees to RPRA?”

Requirements to update any information in a notice are paused until January 1, 2023. However, voluntary updates are encouraged as a best practice instead of waiting until January 1, 2023 to update.

There is no fee associated with updating an existing notice. When a final notice is submitted, if the volume of soil identified differs from the volume of soil identified in the initial submission, registrants may be charged or refunded the difference.

Yes, the Excess Soil Registry remains open for users during the temporary suspension of the registration and related reporting requirements under the Excess Soil Regulation from April 21 to December 31, 2022.

As of January 1, 2023, projects that were started in 2022 and were not completed in 2022 will still be required to file notices. Users are encouraged to file their notices before a project commences soil movements in 2022, rather than wait for January 1, 2023.

Accordingly, for those who have already registered and reported through the Registry or who were already planning to register and report this year, the ministry recommends proceeding as planned as a best practice. This may include creating a new user account in the Registry, enrolling in the Excess Soil Program, initiating or updating an existing notice filing, and paying notice fees.

The Tires Regulation requires producers to submit to the Registry the identity of each tire collector and tire collection site that is a part of that producer’s tire collection system. It is up to each producer, or a producer responsibility organization (PRO) on the producer’s behalf, to identify the tire collection sites that will be used in their tire collection systems.

Tire collectors are required to register and identify their collection sites (i.e., the address for every individual site where tires are collected). The collection site data will be used to populate a list of collection sites that will be available to producers and PROs. Producers, or their PROs, will be required to identify their tire collection systems.

Please read Compliance Bulletin -Tire Collection Systems for compliance guidance to producers who are required to establish and operate tire collection systems under the Tires Regulation.

The regulation requires that each eligible source is allocated to a single producer, or group of producers represented by the same PRO. The rules will determine the methodology for assigning eligible sources to producers/PROs. PROs share liability with producers for performance.

If a producer misreports their supply data to RPRA, they must contact the Compliance and Registry Team immediately by emailing registry@rpra.ca. Please include the following information in the email:

• The rationale for the change in the data
• Any data that supports the need for a correction (e.g., sales documents, audit)
• Any other information to support the change

While it is an offence to submit false or misleading information under the RRCEA, RPRA wants this corrected as quickly to ensure a producer’s minimum management requirement is calculated using accurate supply data.

RPRA can only receive these requests from the primary contact on the company’s Registry account. Your request for an adjustment will be reviewed by a Compliance and Registry Officer.

RPRA’s Registry fees cover the costs related to compliance and enforcement and other activities required to administer the regulations under the RRCEA, and building and operating the Registry.

The Registry fees cover expenses in a given year (e.g., 2021 fees cover 2021 expenses). 2021 fees for Blue Box cover the Authority’s costs to undertake activities to implement the regulation in 2021, which include:

• helping obligated parties understand their requirements
• ensuring producers register and report their supply data by the deadline in the regulation
• compliance, enforcement, and communication activities

For the reporting period ending September 30, 2021, producers of batteries and ITT/AV are required to report the following:

If you are a producer of ITT/AV, you are required to report:

• The weight of ITT/AV supplied in 2019
• If applicable, the weight of post-consumer recycled content or products eligible for a reduction in management requirement (outlined in the EEE Verification and Audit Procedure) supplied in Ontario for 2019

To learn what specific ITT/AV are required to be reported, read our Compliance Bulletin What ITT/AV needs to be reported?

If you are a producer of single-use batteries, you are required to report:

• The weight of single-use batteries supplied in 2020
• If applicable, the weight (if any), of post-consumer recycled content contained in the batteries supplied in Ontario for 2020

If you are a producer of rechargeable batteries, you are required to report:

• The weight of rechargeable batteries supplied in 2019
• If applicable, the weight of post-consumer recycled content contained in the batteries supplied in Ontario for 2019

You can use our weight conversion factor to determine weights, in which case you will need to determine the number of units sold into Ontario for each applicable material. For more information, visit our Battery Verification and Audit Procedure.

To learn what specific batteries are required to be reported, read our Compliance Bulletin What batteries need to be reported?

Sections 54 and 55 of the Blue Box Regulation require municipalities and First Nations to submit the information in the Initial Report and Transition Report to the Authority.

Under the Blue Box Regulation, producers will be fully responsible for the collection and management of Blue Box materials that are supplied into Ontario. To ensure that all communities continue to receive Blue Box collection services, communities will be allocated to producers, or PROs on their behalf, who are obligated to provide collection services. The information that is submitted in the Initial and Transition Reports will be used by PROs to plan for collection in each eligible community.

The Authority will also use the information provided by municipalities and First Nations to ensure that producers are complying with their collection obligations under the Blue Box Regulation.

It is important that municipalities and First Nations complete these reports accurately so that all eligible sources (residences, facilities, and public spaces) in their communities continue to receive Blue Box collection after their community transitions to full producer responsibility.

First Nation communities interested in receiving producer-run Blue Box services must register with the Authority. To register, communities must submit contact information of the person responsible for waste management in the community using the First Nation community registration form. Once completed, the registration form should be submitted by email to registry@rpra.ca.

Visit our First Nation webpage for more information.

There is no requirement for a municipality to establish a tire collection site. Furthermore, municipalities that collect used tires are exempt from the requirement to register with RPRA as a collector or submit reports.

Although municipalities are not required to register as collectors, used tires from these sites can be used by producers to meet their collection requirements, provided they are picked up by a registered hauler and delivered to a registered processor or retreader.

To ensure tires continue to be picked up, municipalities will need to make sure those sites are included in the collection systems established by tire producers or Producer Responsibility Organizations (PROs). Since most producers will work with PROs to establish their collection systems, municipalities should contact a registered PRO. Visit our webpage about PROs  for more information.

If you operate collection sites after December 31, 2018 the sites must accept, at a minimum:

• Passenger and light truck tires
• Up to 10 passenger and light truck tires per day from any person
• Tires on rims.
• The site must also be operated and accept tires during normal business hours (i.e., during the hours your site is open to residents).

If you choose not to operate a tire collection site, you can redirect residents to a registered collection site. A full list of registered collection sites is available on RPRA’s website.

Note that a municipality that hauls tires is required to register as a hauler. Should a municipality take the tires to a registered collection site, this does not mean they become a hauler. A hauler must be taking tires to a site for processing, reuse, retreading or disposal.

A producer responsibility organization (PRO) is not necessarily required to include each and every collection site in Ontario in their collection system. However, producers and PROs acting on their behalf are required to establish and operate a collection system that meets the requirements of the Tires Regulation.

If a collection site operator is unable to be included in a collection system, the operator should contact the Authority’s Compliance and Registry Team at registry@rpra.ca, 647-496-0530 or toll free at 1-833-600-0530 for assistance. Read Compliance Bulletin – Tire Collection Systems for more information. The contact information for all registered PROs is available on the producer responsibility organization webpage.

You will have to meet the registration requirements for every category that applies to you.

No. While RPRA is responsible for the oversight, compliance and enforcement of the regulatory requirements for tires under Ontario’s individual producer responsibility framework, RPRA’s activities do not replicate those of OTS.

In accordance with the legislation (Resource Recovery Circular Economy Act 2016, section 57), the Authority is required to comply with strict confidentiality requirements. The Authority has also developed an Access and Privacy Code that applies to its day-to-day operations.

The Registry has been developed according to cybersecurity best practice principles. This includes VPN-based restrictions, staff training on all cybersecurity policies, staff access to the Registry on a strict role-requirement basis, and registry interface security features (example: two-factor authentication).

You are considered a battery producer under the Batteries Regulation if you market batteries into Ontario and meet the following requirements:

• Are the brand holder of the battery and have residency in Canada;
• If there is no resident brand holder, have residency in Ontario and import batteries from outside of Ontario;
• If there is no resident importer, have residency in Ontario and markets directly to consumers in Ontario (e.g., online sales); or
• If there is no resident marketer, does not have residency in Ontario and markets directly to consumers in Ontario (e.g., online sales).

Even if you do not meet the above definition, there may be circumstances where you qualify as a producer. Read the Batteries Regulation for more detail or contact the Compliance and Registry Team for guidance at registry@rpra.ca or (647) 496-0530 or toll-free at (833) 600-0530.

There is no audit verification requirement for the first two supply data reports submitted to the Authority. Therefore, data submitted for single-use batteries supplied in 2018, 2019, and 2020, as well as rechargeable batteries supplied in 2018 and 2019 will not have to be verified in accordance with the Registry Procedure – Verification and Audit.

As shown in the table below, under section 15 of the Battery Regulation, the first supply data report for which there are audit and verification requirements will be submitted in 2022. This supply data report is for single-use batteries supplied in 2021 and rechargeable batteries supplied in 2020.

Yes, producers are legally required to register and report to RPRA. Additionally, there are some differences between what materials were reported to Stewardship Ontario and what must now be reported to RPRA. Differences include:

• Newly obligated materials
• Brand holder in Canada now obligated (rather than Ontario)
• Producer must report total supply, and then report any weight to be deducted separately.

The producer registration form has a reporting table to facilitate the use of data that was previously reported to Stewardship Ontario, but producers must ensure that data reported to Stewardship Ontario is accurate supply data under the new regulation.

During transition years, stewards will be obligated and have to meet their requirements (e.g., reporting to Stewardship Ontario) under the Blue Box Program Plan and the WDTA and required to meet their obligations under the new Blue Box Regulation under the RRCEA, which includes registering, reporting and paying their Registry fee to RPRA.

RPRA does not vet PROs before listing them on the website. Any business that registers as a PRO will be listed. Producers should do their own due diligence when determining which PRO to work with.

There are three reports for eligible communities under the Blue Box Regulation: an Initial Report, a Transition Report and Change Reports.

• The Initial Report will be submitted by all communities in 2021. It will provide an overview of the communities and of the WDTA Blue Box program that operates in that community.
• The Transition Report will be submitted by communities 2 years prior to their transition year. It provides more detailed information about the WDTA Blue Box program that operates in the community.
• Change Reports will be used by communities when there are changes to the information that they submitted in either the Initial Report or Transition Report. At this time, the requirements and formats for change reports have not yet been established. RPRA will provide guidance in the future.

These reports need to be completed by all eligible communities under the Blue Box Regulation.

An eligible community is a local municipality or local services board area that is not located in the Far North, or a reserve that is registered by a First Nation with the Authority and not located in the Far North.

• The Far North has the same meaning as in the Far North Act, 2010. To determine whether a community is in the Far North, use this link.
• A local municipality means a single-tier municipality or a lower-tier municipality. A local services board has the same meaning as “Board” in the Northern Services Boards Act.
• A First Nation means a council of the Band as referred to in subsection 2(1) of the Indian Act (Canada).

If you are an upper-tier municipality or waste association, these reports must be submitted separately for each eligible community in your program.

Visit the Municipal and First Nation webpages for more information.

From October 1, 2021, to December 31, 2022, producers are required to establish the following:

• Collection sites – maintain at least the same number of sites that producers had at the end of the MHSW Program
• Collection events – make best efforts to hold the same number of events in each community as in 2020
• Call-in Service (only applicable to large producers) – provide a phone number for communities to call to request a pickup (of 100 kg or more) if requested by a council of the band, a municipality or a territorial district not located in the Far North, a depot owned or operated by the Crown not in the Far North.

Large producers shall make reasonable efforts to collect the HSP within one year of being notified by a representative of a council of the band located on a reserve in the Far North.

See our FAQ to understand “Am I a small, large or exempt HSP producer?“

As of October 1, 2021, producers of refillable propane containers must establish and operate a call-in collection number for the following representatives to request a pickup:

• a council of the band
• a municipality that is not located in the Far North
• a reserve in the Far North
• a territorial district that is not located in the Far North
• a depot where refillable propane containers are collected, that is owned or operated by the Crown in right of Ontario and that is not located in the Far North

As of October 1, 2021, producers of mercury-containing barometers, thermometers and thermostats must provide a call-in service number for communities to call to request a pickup if requested by the following representatives:

• a council of the band
• a municipality not located in the Far North
• a territorial district that is not located in the Far North
• a depot owned or operated by the Crown not in the Far North

Producers shall make reasonable efforts to collect the HSP within one year of being notified by a representative of a council of the band located on a reserve in the Far North.

The Excess Soil Registry is a record of Excess Soil generation and movement established and maintained by the Authority to:

• enable regulated persons to comply with registration and notice filing requirements outlined in the regulation;
• enable the ministry access to notice filings and associated data; and
• enable public access to the information contained in notice filings.

Project Leaders, Reuse Site Owners or Operators, and Residential Development Soil Depot Operators, as defined in the Excess Soil Regulation, are required to ensure notices are filed to the Excess Soil Registry for certain Project Areas (where Excess Soil is generated), Reuse Sites (where Excess Soil is deposited), and Residential Development Soil Depot sites (where Excess Soil is temporarily placed).

The minimum browser requirements are:

• Macintosh: Netscape 6.0+, Firefox 1.0+, Mozilla 1.0+, Opera 8.5+
• Windows: Internet Explorer 6.0+, Firefox 1.0+, Netscape 6.0+, Mozilla 1.0+, Opera 8.5+
• Linux: Netscape 6.0+, Firefox 1.0+, Mozilla 1.0+
• JavaScript and Session Cookies must be turned on

Please note that Firefox is the preferred browser for the Datacall. Some users have identified compatibility issues with Google Chrome and it is recommended to avoid using it as your browser as the view will have missing components.

If this does not fix the problem, contact datacall@rpra.ca.

Here are the lists of registered PROs:

Tire PROs

Battery PROs

EEE PROs

Blue Box PROs

Hazardous and Special Products PROs

These lists will continue to be updated as new PROs register with RPRA.

Yes. PROs are private enterprises and charge for their services to producers.

Each commercial contract a producer enters with a PRO will have its own set of terms and conditions. It is up to the PRO and producer to determine the terms of their contractual agreement, including fees and payment schedule.

RPRA does not set the terms of the contractual arrangements between PROs and producers.

Yes. Producers and service providers can enter into contractual agreements with multiple PROs.

Contact the Ministry of Environment, Conservation and Parks for any information about Environmental Compliance Approvals.

Under the Resource Recovery and Circular Economy Act, the Authority is required to provide an annual report to the Minister that includes information on aggregate producer performance, and a summary of compliance and enforcement activities. Under section 51 of the Act, the Registrar also is required to post every order issued on the Registry.

No, products or packaging designated as Hazardous and Special Products (HSP) are not obligated under the Blue Box Regulation. For example, primary packaging for paints and coatings are HSP and therefore not obligated as Blue Box materials.

Some packaging for HSP products may still be obligated. For example, the packaging that contains an oil filter is obligated as Blue Box materials.

Consult the HSP Regulation or the Compliance and Registry Team for further information.

The brand holder is the obligated producer.

A marketplace facilitator only becomes obligated for products supplied through its marketplace where the producer would have been a retailer. If the producer is a brand holder or an importer, they remain the obligated producer even when products are distributed by a marketplace facilitator.

A retailer is a business that supplies products to consumers, whether online or at a physical location.

Blue Box materials supplied to a business (e.g., the operators of a long-term care home) are not obligated, however, there are no deductions available for materials supplied to a consumer in an IC&I setting (e.g., a resident of a long-term care home).

Any Blue Box materials supplied to consumers in Ontario are obligated. Blue Box materials supplied to the IC&I sector are not obligated (except beverage containers which are obligated regardless of the sector supplied into).

Allowable deductions are those Blue Box materials that are:

• deposited into a receptacle at a location that is:
  • not an eligible source, and
  • where the product related to the Blue Box material was supplied and used or consumed (e.g., a fast-food restaurant)
• collected from an eligible source at the time a related product was installed or delivered (e.g., packaging that is removed from the house by a technician installing a new appliance).

The weight of Blue Box material in each material category to be deducted must be reported separately.

There are no other deductions available to producers under the Blue Box Regulation.

The rule and allocation table creation process has been removed from the Blue Box Regulation and is therefore no longer required to create and maintain the system for collecting Blue Box materials across the province, as per regulatory amendments made by the government on April 14, 2022. As such, rule creators are no longer applicable under the regulation. Learn more about the amendments.

To replace these tools, the amended regulation now requires PROs to submit a report that outlines how they will operate the Blue Box collection system on behalf of producers, ensuring that materials are collected from all eligible communities (i.e., communities outside of the Far North) across the province. Learn more about what PROs need to include in the report.

Yes, a producer can change PROs at any time. Producers must notify RPRA of any change in PROs within 30 days of the change.

Under the Blue Box Regulation, allowable deductions for producers include Blue Box materials that are deposited into a receptacle at a location that is not an eligible source and where the product related to the Blue Box material was supplied and used or consumed.

This applies to food court restaurants located in a mall or in the base of an office tower. Blue Box materials that were disposed of in the buildings’ recycling receptacles and were supplied and used or consumed within that physical building are an allowable deduction. Blue Box materials that were disposed of in the buildings’ recycling receptacles but were not supplied and used or consumed within that physical building are not deductible.

This does not reduce the obligation of a producer to provide complete and accurate supply data or limit the ability of an Authority inspector to review the data and related records for the purpose of determining compliance.