Government releases final Hazardous and Special Products Regulation

The Government of Ontario has finalized the Hazardous and Special Products (HSP) Regulation under the Resource Recovery and Circular Economy Act, 2016. The HSP Regulation sets requirements for producers that supply designated automotive materials (oil filters, oil containers and antifreeze), solvents, paints and coatings, pesticides, fertilizers, mercury-containing devices (barometers, thermometers and thermostats) and pressurized containers (non-refillable pressurized containers, refillable pressurized containers, refillable propane containers) to consumers in Ontario.

The regulation makes producers fully accountable and financially responsible for their products and packaging once they reach their end of life and are disposed; sets mandatory and enforceable requirements for HSP collection systems; and gives producers choices for resource recovery services in a competitive market.

The Resource Productivity and Recovery Authority (the Authority) is the regulator established by the Government of Ontario to enforce the requirements of the new regulatory framework under the HSP Regulation.

The HSP Regulation requires producers to undertake all or some of the following activities, depending on the material:

• Establish a free collection network for consumers across the province, including for those living in rural and northern communities, as well as First Nation communities located within and outside the Far North. In larger communities, there must be an accessible network of drop-off locations, while in more remote communities, collection on a call-in basis from municipalities, territorial districts and First Nation reserves is required.
• Manage all collected materials properly by ensuring they are recycled or, in the case of pesticides, disposed of.
• Provide promotion and education materials to increase consumer awareness about how and where to properly recycle or dispose of these products.
• Provide information related to any separate fee charged by the producer or seller in connection to the sale of HSP regarding who imposed the fee and how this fee will be used for resource recovery efforts.
• Register with the Authority and report to the Authority on both supply data and collection and management outcomes, complete a third-party audit of management activities, as well as keep records and meet other requirements.

Processors, haulers and HSP disposal facilities are required to register with the Authority by July 31, 2021. Producers are required to register with the Authority by October 31, 2021.

Producers’ collection, promotion, education and management obligations apply starting on October 1, 2021, following the wind-up of the Municipal Hazardous or Special Waste (MHSW) program operated by Stewardship Ontario on September 30, 2021.

Detailed guidance, including requirements under the regulation, how to register and report with the Authority, will be provided well ahead of the deadlines.

For more information about wind up of the MHSW program and the HSP regulation, visit our webpage and sign up for our newsletter to receive updates.