The Blue Box System is currently being established by Blue Box producers and their producer responsibility organizations (PROs) to be in operation by July 1, 2023, in accordance with the Blue Box Regulation and the Blue Box Transition Schedule.
Under the Blue Box Regulation, all producers must establish and operate a collection system in Ontario. One or more producers may meet this obligation by agreement with their PRO(s) to establish and operate a common collection system on their behalf.
As a part of the establishment of a common collection system, contracts may be negotiated between PROs or producers and other parties such as municipalities, First Nation communities, and processors for the collection, management, and processing of Blue Box materials. While contract negotiations between regulated parties are typically considered a private business matter outside the purview of the Blue Box Regulation, producers’ obligation to ensure a collection system is in place by July 1, 2023, is not.
RPRA’s Compliance and Registry Team is closely monitoring the progress of these negotiations to establish the Blue Box System in order to determine the readiness of the system and to assess any possible non-compliance ahead of the July 1, 2023, operational date of the system.
The Registrar considers the readiness of the Blue Box System on July 1, 2023, a high priority matter. Anything that might jeopardize the establishment of the system by July 1, 2023, will be addressed accordingly, including compliance action by the Registrar.
Failure to establish the Blue Box System by July 1, 2023, could result in immediate enforcement action by the Registrar against obligated producers and PROs. Regulated parties found to be non-compliant may be subject to:
- Compliance orders, including requiring obligated producers or PROs to comply with any directions related to remedying the non-compliance
- Fines, including recovering any economic benefit that resulted from the non-compliance, once the Administrative Penalties Regulation proposed under the RRCEA is finalized
Any orders issued related to this matter will be publicly disclosed, as per the RRCEA, on RPRA’s website and broadly communicated publicly.
The Compliance and Registry Team continues to be available to support all Blue Box registrants in understanding the regulatory requirements and providing information that will support transition. Any question related to regulatory requirements, or this statement should be directed to RPRA’s Compliance and Registry Team at firstname.lastname@example.org or 833-600-0530.