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Producers are obligated to provide collection services to new facilities that come into existence during the transition period only if that facility would have qualified for collection services under the WDTA Blue Box Program.
For further certainty, the WDTA Blue Box Program includes collection services for multi-family households (including rental, cooperative or condominium residential), senior citizen residences, long-term care facilities and public and private elementary and secondary schools.
Yes, producers are obligated to provide collection services to new single-family residences that come into existence during the transition period.
For most producers and for all municipalities, little has changed:
- Rule creators and the rule creation process, including the allocation table, have been removed. Instead, each producer is responsible for providing Blue Box collection to every eligible source in Ontario and creating a province-wide system for collection.
- Producer Responsibility Organizations (PROs) are now required to submit a report to RPRA on how they will operate the Blue Box system on behalf of producers.
- Newspaper producers whose newspaper supply accounts for more than 70% of their total Blue Box supply to consumers in Ontario are exempt from collection, management, and promotion and education requirements.
The amendments do not change or impact:
- Producer registration or 2020 supply data reporting to RPRA
- Most producers’ 2021 supply data reporting to RPRA
- The materials collected in the Blue Box system
- The communities that receive collection or the collection requirements
- The transition schedule and its timelines
There is an exemption in the Blue Box Regulation for producers whose gross annual revenue generated from products and services in Ontario is less than $2 million. The following sources are excluded for the purpose of determining revenue:
- Government tax revenue
- Property taxes
- General assistance funding received under the Ontario Municipal Partnership Fund
- Payments in lieu of taxes
- Canadian or Ontarian government grants available to municipalities with the intent of investing in public infrastructure
In the Blue Box Regulation, certified compostable products and packaging is defined as material that:
- is only capable of being processed by composting, anaerobic digestion or other processes that result in decomposition by bacteria or other living organisms, and
- is certified compostable by an international, national, or industry standard that is listed in this procedure.
All certified compostable products and packaging reported by producers must be certified under one of the following standards:
- CAN/BNQ 0017-088: Specifications for Compostable Plastics
- ISO 17088: Specifications for compostable plastics
- ASTM D6400: Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities
- ASTM D6868: Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities
- EN 13432: Requirements for packaging recoverable through composting and biodegradation – Test scheme and evaluation criteria for the final acceptance of packaging
A “Public space” means an outdoor area in a park, playground or beside/on a sidewalk, a public transit station or stop under municipal or provincial jurisdiction, including a track-level stop, to which the public is normally provided access.
During transition, producers are required to collect Blue Box material from public space receptacles in eligible communities that were provided collection service under the WDTA program.
The definition of a “public space” in the Blue Box Regulation is broader than the definition used in the Datacall for WDTA municipal funding purposes. For the purpose of collection services during transition, producers must collect from eligible communities’ public space receptacles collected as part of a communities’ Blue Box servicing that was funded under the WDTA Blue Box program (i.e., those along residential routes).
Yes. Exemptions are based on a producer’s annual revenue and how much they supply per material category.
- Any producer whose gross annual Ontario revenue from products and services is less than $2,000,000 is exempt from all producer requirements under the regulation.
- Any producer who meets the exemption must keep any records that demonstrate its gross annual Ontario revenue is less than $2,000,000 in a paper or electronic format and can be examined or accessed in Ontario for a period of five years from the date of creation.
Producers can also be exempt from having minimum management requirements for a material category based on their supply in that category
There are three exemption scenarios for producers:
- If the producer’s annual revenue is less than $2 million, they are required to maintain records only
- If annual revenue is more than $2 million, and supply weight in all material categories is less than the tonnage exemption threshold, producers are required to register and report
- If annual revenue is more than $2 million, and supply weight in at least one material category is above the tonnage exemption threshold, producers are required to meet all obligations (registration, reporting, collection, management, and promotion and education). However, producers are only required to meet their minimum management requirement in material categories where they are above the exemption level.