Hazardous and Special Products Producers

Oil filters and non-refillable pressurized containers are under category A in the HSP Regulation and have the following definitions:

• Oil filters produced and/or arriving in Ontario, and which are for sale, directly or as part of a product
• Non-refillable pressurized containers that are used for the supply of a gas product, including propane, but cannot be refilled

Registration

If the producer’s average weight of supply in 2018, 2019, 2020 is above the threshold stated in the table below, the producer is required to register with the Authority by November 30, 2021. Otherwise, a producer must register on or before July 31 of the first calendar year in which the producer exceeds that threshold. To calculate your average weight of supply, reference the Registration Form.

Producers that are required to register with the Authority by November 30, 2021, must provide the following information:

• business name, address, contact information, CRA number and Stewardship Ontario number (if applicable)
• identify any PROs who they have retained (if applicable at time of registration)
• name, contact information of the person who will be responsible for completing registration
• the total weight of each type of HSP that was supplied to consumers in Ontario in 2018, 2019 and 2020

Producers are also required to pay their annual Registry fee at the time of registration.

Producers must complete the registration form and email it as an attachment to registry@rpra.ca.

Collection

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 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.

Further guidance on the new collection requirements for small and large producers will be provided closer to the requirement start date of January 1, 2023.

Management

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

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.

Promotion and Education

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

Reporting

Interim 2022 Report

On or before January 31, 2022, producers, or PROs on their behalf, shall submit a report including the following:

• a list of all collection services provided, including collection sites, collection events, call-in collection services and curbside pickup
• the name and contact information of each processor, hauler and disposal facility that is part of the collection and management system

Supply Data Report

Starting in 2022, and every year thereafter, HSP producers are required to submit a report that provides the total weight of HSP they supplied to consumers in Ontario in the previous calendar year.

Producers must submit supply data in accordance with the HSP Verification and Audit Procedure.

Annual Performance Report

Starting in 2023, producers, or PROs on their behalf, are required to submit an annual report with the following information:

• a list of all collection services provided, including collection sites, collection events, call-in collection services and curbside pickup
• a description of the activities undertaken by the producer to comply with the promotion and education requirements
• the name and contact information of each processor
• the weight of the material(s) supplied to consumers in Ontario
• the weight of recovered resources
• the weight of recovered resources accounted for to meet the producer’s management requirements
• the weight of materials processed from that type of HSP that were:
  • land disposed,
  • incinerated,
  • used as a fuel or a fuel supplement, or
  • stored, stockpiled, used as daily landfill cover or otherwise deposited on land

Audit Report

Beginning in 2023, producers may be required to submit an audit report every three years of their practices and procedures implemented to meet their management requirements. The audit report must:

• be carried out by an independent auditor licensed or holding a certificate of authorization under the Public Accounting Act, 2004 and in accordance with the procedures set out in the HSP Verification and Audit Procedure
• include an opinion on the accuracy of the reported data

If the producer has retained a PRO, the PRO can arrange for the independent auditor to undertake the audit report on the producer’s behalf.

Producers must submit their audit in accordance with the HSP Verification and Audit Procedure.

Record Keeping

Beginning October 1, 2021, producers are required to keep records for every HSP material 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

Oil containers, antifreeze, pesticides, refillable pressurized containers, solvents, paints and coatings are under category B in the HSP Regulation and have the following definitions:

• Oil containers that have a capacity of 30 litres or less and that was manufactured and used for the purpose of containing lubricating oil
• Antifreeze that contains ethylene or propylene glycol used or intended for use as a vehicle engine coolant
• Pesticides, fungicides, herbicides or insecticides that are registered under the Pest Control Products Act
• Refillable pressurized containers that are used for the supply of a gas and can be refilled
• Solvents that are used to dissolve or thin a compatible substance, comprised of 10% or more of water-immiscible liquid hydrocarbons, including halogen-substituted liquid hydrocarbons
• Paints and coatings that contain latex, oil or solvent-based architectural coatings whether tinted or untinted, non-pesticide marine paints, paints for automotive craft and industrial applications

Under the following material categories, the product’s primary packaging is also obligated:

• Antifreeze
• Paints and coatings
• Pesticides
• Solvents

Note: Primary packaging made of corrugated and boxboard boxes, plastic film, shrink wrap or printed materials is not obligated under the HSP Regulation, please see the Blue Box Regulation for more information and possible obligations.

• Oil containers, solvents, paints and coatings, fertilizers and pesticides are only obligated when supplied in a container that has a capacity of 30 litres or 30 kilograms or less.
• All antifreeze supplied – regardless of container size – must be reported. However, the antifreeze container is only obligated when supplied in a container that has a capacity of 30 litres or 30 kilograms or less.

Registration

If the producer’s average weight of supply in 2018, 2019, 2020 is above the threshold stated in the table below, the producer is required to register with the Authority by November 30, 2021. Otherwise, a producer must register on or before July 31 of the first calendar year in which the producer exceeds that threshold. To calculate your average weight of supply, reference the Registration Form.

Producers are required to register with the Authority by November 30, 2021, and provide the following information:

• business name, address, contact information, CRA number and Stewardship Ontario number (if applicable)
• identify any PROs who they have retained (if applicable at time of registration)
• name, contact information of the person who will be responsible for completing registration

Producers are also required to pay their annual Registry fee at the time of registration.

Producers must complete the registration form and email it as an attachment to registry@rpra.ca.

When registering with the Authority, producers of oil containers, antifreeze, pesticides, solvents, paints and coatings and refillable pressurized containers are required to submit the following information:

• The total weight of each type of HSP that was supplied to consumers in Ontario in 2018, 2019 and 2020

Note: Obligated producers of factory fill antifreeze in the automotive sector are not required to include the weight of factory fill antifreeze when they report the total weight of obligated antifreeze they supplied. These producers will be considered in compliance provided they have registered with the Authority by November 30, 2021, and accurately reported their non-factory fill supply. The deadline for reporting factory fill antifreeze supply will be communicated at a later date.

Collection

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 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 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.

Further guidance on the new collection requirements for small and large producers will be provided closer to the requirement start date of January 1, 2023.

Management

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 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

Further guidance on the new management requirements for small and large producers will be provided closer to the requirement start date of January 1, 2023.

Promotion and Education

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

Note: there are no promotion and education requirements for refillable pressurized containers.

Reporting

Interim 2022 Report

On or before January 31, 2022, producers, or PROs on their behalf, shall submit a report including the following:

• a list of all collection services provided, including collection sites, collection events, call-in collection services and curbside pickup
• the name and contact information of each processor, hauler and disposal facility that is part of the collection and management system

Supply Data Report

Starting in 2022, and every year thereafter, HSP producers are required to submit a report that provides the total weight of HSP they supplied to consumers in Ontario in the previous calendar year.

Producers must submit supply data in accordance with the HSP Verification and Audit Procedure.

Annual Performance Report

Starting in 2023, producers are required to submit an annual report with the following information:

• a list of all collection services provided, including collection sites, collection events, call-in collection services and curbside pickup
• a description of the activities undertaken by the producer to comply with the promotion and education requirements
• the name and contact information of each processor
• the weight of the material(s) supplied to consumers in Ontario
• the weight of recovered resources
• the weight of materials processed from that type of HSP that were:
  • land disposed,
  • incinerated,
  • used as a fuel or a fuel supplement, or
  • stored, stockpiled, used as daily landfill cover or otherwise deposited on land

Audit Report

Beginning in 2023, producers may be required to submit an audit report every three years of their practices and procedures implemented to meet their management requirements. The audit report must:

• be carried out by an independent auditor licensed or holding a certificate of authorization under the Public Accounting Act, 2004 and in accordance with the procedures set out in the HSP Verification and Audit Procedure
• include an opinion on the accuracy of the reported data

If the producer has retained a PRO, the PRO can arrange for the independent auditor to undertake the audit report on the producer’s behalf.

Producers must submit their audit in accordance with the HSP Verification and Audit Procedure.

Record Keeping

Beginning October 1, 2021, producers are required to keep records for every HSP material 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

Fertilizers are under category D in the HSP Regulation and have the following definition:

• any substance or mixture of substances containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient and regulated under the Fertilizers Act (Canada)

Registration

If producers supplied fertilizers between January 01, 2018, and October 31, 2021, they are required to register with the Authority by November 30, 2021. Otherwise, a producer must register within 30 days of fertilizers being supplied in Ontario.

Producers that are required to register by November 30, 2021, must provide the following information:

• business name, address, contact information, CRA number and Stewardship Ontario number (if applicable)
• name, and contact information of any PRO retained (if applicable at time of registration)
• name, and contact information of an employee who has the authority to bind the producer and who will be responsible for completing the registration
• type of HSP and the category to which it belongs
• the date on which the fertilizer was supplied to consumers in Ontario

Producers are also required to pay their annual Registry fee at the time of registration.

Producers must complete the Registration Form and email it as an attachment to registry@rpra.ca.

Promotion and Education

Producers required to register by November 30, 2021, 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
• 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

Reporting

Annual Performance Report

Producers required to register by November 30, 2021, shall submit an annual report to the Authority by July 31, 2023, that includes a description of the activities undertaken by the producer to comply with the promotion and education requirements from the previous calendar year and the months of October, November, and December 2021.

Record Keeping

Producers are required to keep records in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from the date of the record being created.

Producers must keep records that relate to the following:

• information required to be submitted to the Authority through the Registry
• implementing a promotion and education program
• weight of fertilizers 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

Refillable propane containers are under category E in the HSP Regulation and have the following definition:

• A pressurized container that can be refilled, has a water capacity of 109 litres or less and is used only for propane

Registration

If producers supplied refillable propane containers between January 01, 2018, and October 31, 2021, they are required to register with the Authority by November 30, 2021. Otherwise, a producer must register within 30 days of refillable propane containers being supplied in Ontario.

Producers that are required to register by November 30, 2021, must provide the following information:

• business name, address, contact information, CRA number and Stewardship Ontario number (if applicable)
• name and contact information of any PRO retained (if applicable at time of registration)
• name and contact information of an employee who has the authority to bind the producer and who will be responsible for completing the registration
• type of HSP and the category to which it belongs
• the date on which the refillable propane container was supplied to consumers in Ontario

Producers are also required to pay their annual Registry fee at the time of registration.

Producers must complete the Registration Form and email it as an attachment to registry@rpra.ca.

Collection

As of October 1, 2021, producers of refillable propane containers must establish and operate a call-in service 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

Record Keeping

Producers are required to keep records in a paper or electronic format that can be examined or accessed in Ontario 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 refillable propane containers 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

Barometers, thermometers and thermostats are under category C in the HSP Regulation and have the following definitions:

• Barometers that contain mercury, are intended for residential use and may contain electronic components
• Thermometers that contain mercury, are intended for residential use to measure body or air temperature and may contain electronic component
• Thermostats that contain mercury, and may contain electronic components

Registration

Producers are required to register with the Authority by November 30, 2021. Otherwise, a producer must register within 30 days of mercury-containing barometers, thermometers or thermostats being supplied in Ontario.

Producers that are required to register by November 30, 2021, must provide the following information:

• business name, address, contact information, CRA number and Stewardship Ontario number (if applicable)
• name, contact information of the person who will be responsible for completing registration

Producers are also required to pay their annual Registry fee at the time of registration.

Producers must complete the Registration Form and email it as an attachment to registry@rpra.ca.

Collection

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.

Management

Producer 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.

Promotion and Education

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.

Reporting

Interim 2022 Report

On or before January 31, 2022, producers, or PROs on their behalf, shall submit a report including the following:

• a list of call-in collection services, and if applicable, collection sites and collection events
• the name and contact information of each processor, hauler and disposal facility that is part of the collection and management system

Annual Performance Report

Starting in 2023, producers are required to submit an annual report with the following information:

• a list of call-in collection services, and if applicable, collection sites and collection events
• a description of the activities undertaken by the producer to comply with the promotion and education requirements
• the name and contact information of each processor
• the weight of recovered resources
• the weight of materials processed from that type of HSP that were:
  • land disposed,
  • incinerated,
  • used as a fuel or a fuel supplement, or
  • stored, stockpiled, used as daily landfill cover or otherwise deposited on land
• the weight of mercury recovered from that type of HSP

Audit Report

Starting in 2023, producers may be required to submit an audit report of their practices and procedures implemented to meet their management requirements. The audit report must:

• be carried out by an independent auditor licensed or holding a certificate of authorization under the Public Accounting Act, 2004 and in accordance with the procedures set out in the HSP Verification and Audit Procedure
• include an opinion on the accuracy of the reported data

If the producer has retained a PRO, the PRO can arrange for the independent auditor to undertake the audit report on the producer’s behalf.

Producers must submit their audit in accordance with the HSP Verification and Audit Procedure.

Record Keeping

Beginning October 1, 2021, producers are required to keep records for every HSP material 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