Frequently Asked Questions

There are three reports for eligible communities under the Blue Box Regulation: an Initial Report, a Transition Report and Change Reports.

• The Initial Report will be submitted by all communities in 2021. It will provide an overview of the communities and of the WDTA Blue Box program that operates in that community.
• The Transition Report will be submitted by communities 2 years prior to their transition year. It provides more detailed information about the WDTA Blue Box program that operates in the community.
• Local municipalities and local services boards are not required to submit Change Reports to update information provided in their Initial or Transition Reports. Any changes should be addressed with Circular Materials in their role as the Administrator of the common collection system. Contact operations@circularmaterials.ca for more information.

These reports need to be completed by all eligible communities under the Blue Box Regulation.

An eligible community is a local municipality or local services board area that is not located in the Far North, or a reserve that is registered by a First Nation with the Authority and not located in the Far North.

• The Far North has the same meaning as in the Far North Act, 2010. To determine whether a community is in the Far North, use this link.
• A local municipality means a single-tier municipality or a lower-tier municipality. A local services board has the same meaning as “Board” in the Northern Services Boards Act.
• A First Nation means a council of the Band as referred to in subsection 2(1) of the Indian Act (Canada).

If you are an upper-tier municipality or waste association, these reports must be submitted separately for each eligible community in your program.

Visit the Municipal and First Nation webpages for more information.

Where a municipality distributes documents on behalf of another brand holder, the municipality is not obligated to report the paper in its supply. That obligation falls to the brand holder.

For example: A municipality may distribute documents issued by the provincial government (such as marriage licences and court documents) which are usually branded with the provincial agency or ministerial logos and names. In these cases, the provincial government would be the brand holder responsible for reporting these materials in their annual supply data report.

Please see FAQ “Who is a brand holder?” for more information.

Sections 54 and 55 of the Blue Box Regulation require municipalities and First Nations to submit the information in the Initial Report and Transition Report to the Authority.

Under the Blue Box Regulation, producers will be fully responsible for the collection and management of Blue Box materials that are supplied into Ontario. To ensure that all communities continue to receive Blue Box collection services, communities will be allocated to producers, or PROs on their behalf, who are obligated to provide collection services. The information that is submitted in the Initial and Transition Reports will be used by PROs to plan for collection in each eligible community.

The Authority will also use the information provided by municipalities and First Nations to ensure that producers are complying with their collection obligations under the Blue Box Regulation.

It is important that municipalities and First Nations complete these reports accurately so that all eligible sources (residences, facilities, and public spaces) in their communities continue to receive Blue Box collection after their community transitions to full producer responsibility.

Under the WDTA Blue Box program, municipalities could choose to accept these materials in their programs. This choice varied between municipalities.

Under the producer-run Blue Box program, none of these materials are considered obligated Blue Box materials. The Blue Box Regulation specifically states that hard or soft cover books or products made from flexible plastic that is ordinarily used for the containment, protection and or handling of food, such as cling wrap, sandwich bags or freezer bags are not Blue Box materials. Pots and pans do not meet the definition of Blue Box material under the Regulation.

Producers are not obligated to collect or manage the recovery of these materials.

For most producers and for all municipalities, little has changed:

1. 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.
2. 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.
3. 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

While the Blue Box Regulation states the requirement for Blue Box producers or PROs to deliver printed promotion and education materials in English and French to eligible sources by mail at least once a year, many Ontario municipalities have stopped providing printed promotion and education materials to their residents in favour of electronic formats.

As long as Blue Box producers or Blue Box PROs continue to provide the same format of promotion and education materials as the Ontario municipality provided prior to the date the municipality transitioned under the Blue Box Regulation (i.e., print or electronic or both), RPRA will consider this as having satisfied the requirement in section 72(1) paragraph 2. The materials must be provided in both English and French.

Under the WDTA Blue Box program, some municipalities may have chosen to provide Blue Box collection to facilities that were not residences, such as commercial properties, municipally owned and operated buildings or other institutions.

Under the Blue Box Regulation, only certain types of facilities can receive collection under the producer-run Blue Box program. These facilities are:

1. Multi-residential facilities with six or more dwelling units
2. Retirement homes that are operated by a municipality or an entity that does not operate with the purpose of generating a profit or were included in the WDTA Blue Box program on August 15, 2019. “Retirement home” has the same meaning as in the Retirement Homes Act, 2010.
3. Long-term care homes that are non-profit long-term care homes or were included in the WDTA Blue Box program on August 15, 2019. “Long-term care home” has the same meaning as in the Fixing Long-Term Care Act, 2021. “Non-profit long-term care home” has the same meaning as the regulations under the Fixing Long-Term Care Act, 2021.
4. Buildings that contain public or private elementary or secondary schools. “School” and “private school” have the same meaning as in the Education Act.

Yes, producers are obligated to provide collection services to new single-family residences that come into existence during the transition period.

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.

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).

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

 

Under the Blue Box Regulation, there are three types of exemptions that apply to producers:

1. Based on a producer’s gross annual revenue,
2. based on the weight of Blue Box materials supplied into Ontario, and
3. for producers of newspaper

1. 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. In the case where the producer is a franchisor, it is the gross annual revenue of the system that is used to determine if an exemption applies.

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 that can be examined or accessed in Ontario for a period of five years from the date of creation.

See our FAQs to understand what revenues municipalities and registered charities should consider when determining whether or not they are an exempt producer.

2. A producer who is above the revenue-based exemption level may still be exempt from performance requirements (collection, management and promotion and education) if their supply weight is below the exemption levels outlined in the table below.

If a producer’s annual revenue is more than $2,000,000 and supply weight in all material categories is less than the tonnage exemption threshold, the producer is required to register and report.

If a producer’s annual revenue is more than $2,000,000 and supply weight in at least one material category is above the tonnage exemption threshold, the producer is 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.

3. As outlined in the amended Blue Box Regulation (released April 19, 2022), producers of newspapers may be exempt from collection, management, and promotion and education requirements. For the purposes of this exemption, “newspapers” includes newspapers and any protective wrapping and any supplemental advertisements and inserts that are provided along with the newspapers.

For a producer to qualify for this exemption, newspapers must account for more than 70% of their total weight of Blue Box materials supplied to consumers in Ontario in a calendar year. If exempt, the producer is not required to meet collection, management, and promotion and education requirements for all Blue Box materials they supply in Ontario in the following two calendar years.

A producer whose newspaper supply accounts for 70% or less of their total weight of Blue Box materials is subject to collection, management, and promotion and education requirements for all Blue Box materials they supply in Ontario.