Summary of recent amendments to Ontario’s Hazardous and Special Products Regulation
The Ontario Government has made amendments to the Hazardous and Special Products (HSP) Regulation which may impact registered producers, PROs, haulers and processors.
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 that there were revisions of the producer hierarchy for antifreeze and oil filters and the requirements for refillable pressurized containers. Learn more.
Additional regulatory amendments that may impact registrants during the upcoming reporting period have been summarized below:
Changes to the producer hierarchy for antifreeze and oil filters
Vehicle brand holders, importers and marketers are now obligated for the antifreeze and oil filters that are supplied in new vehicles that are sold in Ontario.
These producers must report to RPRA and provide information that contains the weights of antifreeze or oil filters that were supplied in new vehicles sold in Ontario from 2022 to 2024. This change may impact supply reports previously submitted. Producers who need to make changes to previous years’ supply data as a result of this change should contact RPRA directly before July 31, 2025.
Beginning on January 1, 2026, these newly obligated producers will also be required to fulfill collection and management obligations outlined in the regulation.
If you are not a vehicle brand holder, importer, or marketer that supplies antifreeze and oil filters in new vehicles sold in Ontario, contact RPRA at registry@rpra.ca to clarify your obligations before July 31, 2025.
Revising the requirements for refillable pressurized containers
Requirements for producers of refillable pressurized containers have now been aligned with those for producers of refillable propane containers. Refillable pressurized containers, previously counted in Category “B” for HSP materials, will now fall under Category “E”.
Starting in 2025, producers of refillable pressurized containers will no longer be required to meet promotion and education obligations or audit their management activities. However, these producers must fulfill their on-demand collection obligations.
Producers of refillable pressurized containers will still be required to submit a supply and performance report in 2025 and will be notified when the registry opens for reporting.
Revisions of recycling efficiency rate (RER) requirements
The requirement for individual processors to calculate and report on their recycling efficiency rates (RER) for HSP materials with management targets has been removed.
Effective this year and going forward, producers (or PROs on their behalf) are no longer required to work with processors that meet a specified RER for oil filters, non-refillable pressurized containers and refillable pressurized containers.
RER requirements remain in place for antifreeze, oil containers, mercury-containing devices, paints and coatings, and solvents.
In 2027, producers (or PROs on their behalf) must use a processor who meets the RER specified in the regulation.
All processors are required to report on their performance activities annually.
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 HSP collection sites to keep records if a person drops off more than 50 kg of a type of HSP material has been removed.
Other key amendments related to increasing collection network flexibility include:
- The addition of a geographic offsetting provision to allow alternative collection sites in adjacent municipalities.
- Updates to an existing provision for HSP 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.
- A new allowance for automotive HSP to replace up to 35 per cent of required public collection sites with public collection events.
- 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.
- A new “take-back” provision via mail or courier service for producers that collect and manage all of the HSP they supply into Ontario through a closed-loop system.
- A new provision to allow producers of select HSP materials to meet collection requirements based on the existing municipal collection network, giving them the option to choose between servicing the same number of sites and events as were operated by all municipalities in Ontario 2 years prior or meeting the population-based formula requirement.
- The addition of a new performance requirement for large producers of automotive materials that choose to establish an alternative collection system (e.g., based on the number of retail locations that supply their automotive materials).
Guidance related to the provisions for increased collection network flexibility will be provided later this year.
For more information about Ontario’s HSP Regulation visit our HSP webpage.