Summary of recent amendments to Ontario’s Electrical and Electronic Equipment (EEE) Regulation
The Ontario government has made amendments to the Electrical and Electronic Equipment (EEE) regulation which may impact registered producers, PROs, haulers, processors and refurbishers.
To view the approved amendments, visit the Environmental Registry of Ontario.
As per the Ontario government, the amendments were made to increase flexibility, reduce burden and simplify requirements for producers. In February, RPRA provided updates outlining the extension of the 65% management requirement for ITT/AV producers through to 2029. The update also highlighted the extension of the 30% best-efforts management requirement to 2026 for lighting producers.
Additional regulatory amendments that may impact registrants during the upcoming reporting period have been summarized below:
Changes to exemptions for small producers
Producers will determine if they are exempt from registering and reporting using a three-year rolling average supply weight rather than using a management requirement calculation.
This means that ITT/AV producers with an average supply weight not exceeding 5000 kg, and lighting producers with an average supply not exceeding 700 kg are exempt from registering and reporting to RPRA in that calendar year. Producers who meet this exemption must retain records for five years.
If you are a registered producer that meets the exemption criteria outlined above, please email RPRA at registry@rpra.ca to determine if your registration should be deactivated.
Removal of waste reduction incentives for management requirements
The waste reduction incentives that producers were able to claim in their annual supply data report have been removed. These reductions allowed producers to reduce their management requirement for the following calendar year by up to 50%.
This change will be effective for supply reporting beginning this year and means that going forward, lighting producers can no longer report on reductions for recycled content, and ITT/AV producers can no longer report on reductions for recycled content, extended warranties or repair.
Verification of these reductions is no longer applicable from 2023 supply onwards, for producers who are required to verify their supply as defined in the EEE Registry Procedure – Verification and Audit. The verification procedure will be updated at a later time. RPRA will communicate these changes when they become available.
Changes to requirements for ITT/AV components and parts
Effective for supply reporting requirements in 2025 and every subsequent year, producers are no longer required to include ITT/AV components and parts provided to a consumer separately from the related ITT/AV as part of their annual supply data report.
Producers are still required to report on the supply of parts and components provided with obligated ITT/AV, and peripherals provided separately from the related ITTAV.
Producers (or their service providers) must continue to accept and manage all ITT/AV components and parts that are returned by consumers.
Removal of recycling efficiency rate (RER) requirements
The requirement for individual processors to calculate and report on their recycling efficiency rates (RER) has been removed.
Effective this year and going forward, ITT/AV and lighting processors will no longer include their RER percentage as part of their performance data.
Producers (or PROs on their behalf) are no longer required to work with EEE processors that meet a specified RER.
Additional amendments
The regulatory changes include additional amendments that may impact registrants, unrelated to supply and performance reporting.
In an effort to reduce administrative burden, the requirement for operators of EEE collection sites to keep records if a person drops off more than 50kg of ITT/AV or 5kg of lighting has been removed.
Other key amendments related to increasing collection network flexibility include:
- The addition of a provision for producers (or PROs on behalf of producers) to provide on-demand collection services to First Nation communities in the Far North.
- The addition of a geographic offsetting provision to allow alternative collection sites in adjacent municipalities.
- Updates to an existing provision for lighting to increase the maximum allowable number of public collection events that can replace collection sites from 25 per cent to 35 per cent of required collection sites.
- Allowing all municipal collection sites, including those that are open on a seasonal basis or open for a limited number of days per week throughout the year, to count as permanent sites.
Guidance related to the provisions for increased collection network flexibility will be provided later this year.
For more information about Ontario’s Electrical and Electronic Equipment Regulation visit our ITT/AV Program webpage and Lighting Program webpage.