Registrar’s Statement: RPRA Issues First Administrative Penalty to Blue Box Producer
On June 28, 2024, RPRA issued an Administrative Penalty (AP) Order to Casper Sleep Inc. for failing to establish and operate a collection system for Blue Box materials in 2023 as required under s. 19 of O. Reg. 391/21 (Blue Box Regulation), and for failing to implement a promotion and education program in 2023, as required under s. 69 of the Blue Box Regulation.
This is the first AP issued by RPRA under O. Reg. 558/22 (Administrative Penalties) and s. 89 of the Resource Recovery and Circular Economy Act, 2016 (RRCEA).
The total penalty for both contraventions under the Blue Box Regulation is $340,457.04 on the following basis:
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- s. 19: Failure to establish and operate a collection system
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- $200,000 – Base penalty
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- $63,446.41 – Economic benefit
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- $263,446.41 – Total
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- s. 19: Failure to establish and operate a collection system
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- s. 69: Failure to implement a promotion and education program
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- $75,000 – Base penalty
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- $2,010.63 – Economic benefit
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- $77,010.63 – Total
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- s. 69: Failure to implement a promotion and education program
The AP Order requires Casper Sleep Inc. to pay the full amount to RPRA within 30 days or appeal the order to the Ontario Land Tribunal within 15 days.
This order has been publicly posted to the Compliance Orders and Administrative Penalties page of RPRA’s website, as required under s. 51 of the RRCEA.
In early 2024, RPRA consulted with stakeholders regarding the use of collected AP funds. RPRA staff have reviewed this feedback and are continuing to develop a policy that is expected to be finalized later this year.