Update on regulatory requirements for Blue Box processors during transition
Processors with obligations outlined in Ontario’s Blue Box Regulation under the Resource Recovery and Circular Economy Act (RRCEA), 2016, are required to register with RPRA and report on the Blue Box materials processed by their facilities each year. Processing includes all stages of processing activities, beginning with post-collection sorting until the material is considered a recovered resource. (See definition of ‘processor’ and examples below.)
RPRA recognizes that additional time is needed in particular for the secondary or downstream processor industry to understand and fulfil their registration and reporting requirements. As the regulator responsible for enforcing the Blue Box Regulation, RPRA is allowing downstream processors more time to meet their registration and annual reporting requirements. Primary processors must meet registration and reporting requirements in 2024.
During this time, Blue Box producers, or producer responsibility organizations (PROs) on their behalf, will continue to annually report to RPRA on the tonnage of materials managed. By continuing to collect this data, RPRA will maintain visibility on the movement and processing of Blue Box materials.
How will this impact Blue Box processors and producers?
Between 2023 and 2025, Blue Box material supplied to consumers in Ontario can undergo processing at secondary or downstream processing facilities that have not yet registered with RPRA or have not submitted an annual report to RPRA. During this time, producers may count such material towards their management requirement.
To support the effective implementation of the Blue Box Regulation, RPRA will take a risk-based approach to the reporting requirement for Blue Box processors:
- Blue Box material collected in Ontario will continue to be processed while secondary or downstream processors take necessary steps to comply with new-to-the-sector regulatory obligations.
- Primary processors must register with RPRA and complete annual reporting beginning in 2024 (reporting on activities undertaken in 2023). RPRA will notify registrants when the Registry opens for annual report submission in early 2024.
- Secondary or downstream processors are expected to register with RPRA as soon as possible.
- Secondary or downstream processors will be required to register with RPRA and complete annual reporting in 2026 (reporting on activities undertaken in 2025).
Stages of Blue Box material processing
The definition of “processor” includes everyone who processes Blue Box material that was supplied to a consumer in Ontario for the purposes of resource recovery. The requirements set out in the Blue Box Regulation apply to processors at every stage of resource recovery. The chart below lists examples of processing activities and which stage they fall under during the transition period (2023-2025):
| Primary processors, material recovery facilities, or pre-conditioning facilities | Secondary processors or downstream processors |
|---|---|
| Includes processing activities such as: – Sorting – Baling – Preparing material for shipment to secondary or downstream facilities | Includes processing activities such as: – Additional sorting undertaken at a secondary processing facility – Reprocessing including shredding, grinding, washing, pelletizing, compounding – Preparation for smelting and smelting – Paper pulping End markets may also be considered secondary or downstream processors. |
RPRA is developing updates to the registry procedure on Blue Box verification and audit requirements. These procedures will provide further direction for producers, PROs, and processors on how to complete annual performance reporting. Public consultation on draft procedures will take place in 2024.
If you’d like to learn more about the Blue Box Regulation, visit our webpage.