A producer can grant access to anyone they would like to authorize in their reporting (i.e. Registry) portal. Producer reporting must be done in the producer account and batch data transfers are not accepted.
Audience: Producer
How many collection sites and collection events are producers of categories A and B required to have for the transition year of October 1, 2021, to December 31, 2022?
Under the HSP Regulation, producers are required to make reasonable efforts to establish and operate at least as many collection sites for each type of HSP in each local municipality, territorial district or reserve as the number of sites that were operated on September 30, 2021.
Producers are also required to make reasonable efforts to hold at least as many collection events for that type of HSP in each local municipality, territorial district or reserve as the number of events that were held in the 2020 calendar year.
I already reported my 2020 supply data to Stewardship Ontario through the WeRecycle Portal. Do I have to report again to the Authority?
Yes. You are required to submit 2018, 2019 and 2020 supply data when registering with the Authority if you are a producer of oil filters, oil filters, oil containers, antifreeze, pesticides, solvents, paints and coatings, refillable or non-refillable pressurized containers and:
- supplied materials between January 1, 2018, and October 31, 2021, and
- your average weight of supply is above the threshold stated in the below table
| Type of HSP | Average weight of supply in respect of the previous calendar year (tonnes) |
|---|---|
| Oil Filters | 3.5 |
| Antifreeze | 20 |
| Oil Containers | 2 |
| Paints and Coatings | 10 |
| Pesticides | 1 |
| Non-refillable Pressurized Containers | 3 |
| Refillable Pressurized Containers | 8 |
| Solvents | 3 |
Otherwise, a producer must register on or before July 31 of the first calendar year in which the producer exceeds the above threshold. To calculate your average weight of supply, reference the Registration Form.
Can a food court restaurant deduct Blue Box materials that are disposed of in its mall recycling receptacles?
Under the Blue Box Regulation, allowable deductions for producers include Blue Box materials that are deposited into a receptacle at a location that is not an eligible source and where the product related to the Blue Box material was supplied and used or consumed.
This applies to food court restaurants located in a mall or in the base of an office tower. Blue Box materials that were disposed of in the buildings’ recycling receptacles and were supplied and used or consumed within that physical building are an allowable deduction. Blue Box materials that were disposed of in the buildings’ recycling receptacles but were not supplied and used or consumed within that physical building are not deductible.
This does not reduce the obligation of a producer to provide complete and accurate supply data or limit the ability of an Authority inspector to review the data and related records for the purpose of determining compliance.
As an HSP producer, what are my requirements under the HSP regulation?
As an obligated HSP producer, you are required to:
- register and report annual supply and performance data of obligated materials
- meet mandatory and enforceable requirements for collection and management
- meet mandatory and enforceable requirements for promotion and education
- meet mandatory and enforceable requirements for auditing, verification, and record keeping
These requirements vary based on material type and amount of material the producer supplies.
What materials are obligated under the HSP regulation?
The HSP Regulation has 13 materials obligated under it. Materials that share the same obligations have been grouped into categories.
Category A:
- Oil Filters: a fluid filter, other than a gasoline filter, and includes,
a) a spin-on style filter or element-style fluid filter that is sold separately or as part of a product, that is used in hydraulic, transmission or internal combustion engine applications,
(b) a filter used for oil, diesel fuel, storage tank fuel, coolant, household furnace fuel, and
(c) a sump type automatic transmission filter - Non-refillable pressurized containers: pressurized containers that are used for the supply of a gas product, including propane, but cannot be refilled
Category B:
- Antifreeze: a product that contains ethylene or propylene glycol used or intended for use as a vehicle engine coolant
- Oil containers: containers that have a capacity of 30 litres or less and that are used for the supply of new lubricating oil
- Solvents: products that are liquid intended to be used to dissolve or thin a compatible substance, aresupplied in a container that has a capacity of 30 litres or 30 kg or less, and that meet one or both of the following criteria:
- It is comprised of 10% or more of water-immiscible liquid hydrocarbons, including halogen-substituted liquid hydrocarbons
- It is flammable and is as described in Clause 4.2 and as defined in Clause 7.2 of CSA Standard Z752-03, “Definition of Household Hazardous Waste”
- Paints and coatings: latex, oil or solvent-based architectural coatings and includes paints and stains whether tinted or untinted, non-pesticide marine paints, paints for automotive craft and industrial applications
- Pesticides: pesticides, fungicides, herbicides or insecticides that are registered under the Pest Control Products Act (Canada)
Category C:
- Barometers: barometers, intended for residential use, that contain mercury and may contain electronic components
- Thermometers: thermometers that are intended for residential use to measure body or air temperature, that contain mercury and may contain electronic components
- Thermostats: thermostats that contain mercury, and may contain electronic components
Category D:
- Fertilizers: substance or mixture of substances containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient and regulated under the Fertilizers Act (Canada)
Category E:
- Refillable propane containers: propane containers that can be refilled, have a water capacity of 109 litres or less and are used only for propane
- Refillable pressurized containers: pressurized containers that are used for the supply of a gas product and can be refilled
For more guidance, read the “What HSP Needs to be Reported?” Compliance Bulletin.
Under the HSP Regulation, is the packaging of antifreeze, pesticides, solvents, paints and coatings obligated?
The following materials include the product’s primary packaging:
- Antifreeze
- Paints and coatings
- Pesticides
- Solvents
Note: This does not include primary packaging made of corrugated and boxboard boxes, plastic film, shrink wrap or printed materials.
Oil containers, solvents, paints and coatings, fertilizers and pesticides continue to only be obligated when supplied in a container that has a capacity is less than 30 litres or 30 kilograms.
All antifreeze supplied – regardless of container size – must be reported. However, the antifreeze container is only obligated when supplied in a container that has a capacity that is less than 30 litres or 30 kilograms.
See our FAQ to understand “Are containers that are obligated under the Hazardous and Special Products (HSP) Regulation obligated as Blue Box materials?”
Under the HSP Regulation, what are the key changes to antifreeze, solvents, refillable pressurized containers, paints and coatings material definitions?
There have been some key changes to the material definitions from the Municipal Hazardous or Special Waste (MHSW) program to the material definitions under the HSP Regulation which may affect what a producer is obligated for. The following should be considered if producers opt to use previously reported data:
- Antifreeze now includes factory fill
- Solvents that are captured by the definition are obligated regardless of how they are marketed
- Paints and coatings now include:
- All non-pesticide marine paint products, regardless of whether it was contained in an aerosol container or not
- Aerosol automotive paints
- Aerosol craft paints
- Aerosol industrial paints
- Paints and coatings meeting the definition of this material and being supplied to IC&I are now obligated
- Refillable Pressurized Containers supplied to IC&I are now obligated
Under the HSP regulation, what are the key changes to producer hierarchies?
There have been some key changes to the producer hierarchies under the Municipal Hazardous or Special Waste (MHSW) program to those under the HSP Regulation. This may affect what a producer is obligated for and should be considered if using previously reported data.
Hierarchy change for producers in all categories (excluding those provided in new vehicles, for which a separate hierarchy applies):
- Brand holders that are resident in Canada are obligated (previously was resident in Ontario)
Hierarchy change for producers of antifreeze and oil filters supplied in new vehicles:
- Vehicle brand holders that are resident in Canada, importers and marketers are obligated
Hierarchy change for producers of oil filters, oil containers, antifreeze, pesticides, non-refillable pressurized containers, refillable pressurized containers, solvents, paints or coatings:
- Producer hierarchy’s introduction of marketers with or without residency in Ontario
See our FAQ to understand “Am I an HSP Producer?”
Under the HSP regulation, what are the record keeping requirements?
Producers of every type of HSP are required to keep records for a period of five years from the date of the record being created.
Producers must keep records that relate to the following:
- arranging for the establishment or operation of a collection or management system
- establishing or operating a collection or management system
- information required to be submitted to the Authority through the Registry
- implementing a promotion and education program
- weight of each type of HSP within each applicable category of HSP supplied to consumers in Ontario, regardless of whether information about the weight was required to be submitted to the Authority
- any agreements that relate to the above records
As an HSP producer of mercury-containing barometers, thermometers or thermostats, what are my promotion and education requirements?
Beginning October 1, 2021, producers or PROs acting on their behalf, of mercury-containing devices are required to establish and operate a promotion and education program that:
- Promotes their collection and management services with respect to the type of HSP they are obligated for
- Provides the following information on a website with respect to that type of HSP:
- the presence of mercury in that type of HSP
- how to distinguish that type of HSP from similar products that do not contain mercury
- the hazards to human health and the environment related to mercury
- how consumers can properly dispose of that type of HSP
- a description of the collection services provided by the producer under this Regulation for that type of HSP
- a description of how the producer manages that type of HSP after it is collected under this Regulation
- Creates promotional and educational materials with respect to that type of HSP that include the following:
- the address of the website
- a description of how that type of HSP is collected and managed
- The producer shall make the promotional and educational materials available to retailers that supply that type of HSP or similar products that do not contain mercury, municipal governments, and Indigenous communities, and shall solicit and consider feedback from those retailers, municipal governments and Indigenous communities on how the promotional and educational materials can be improved
As an HSP producer of refillable propane containers, what are my promotion and education requirements?
There are no promotion or education requirements for producers of refillable propane containers.
As an HSP producer of refillable pressurized containers, what are my promotion and education requirements?
There are no promotion or education requirements for producers of refillable pressurized containers.