Frequently Asked Questions

A hauler is a person who arranges for the transport of HSP that are used by consumers in Ontario and are destined for processing, reuse, refurbishing or disposal, but does not include a person who arranges for the transport of HSP initially generated by that person

Registrants may request that a Deputy Registrar review a Compliance Order issued to them by an inspector. The request must be made, in writing, by the registrant to a Deputy Registrar within seven days of being served with the order. The request must include:

• The parts of the order that the request for review pertains to;
• Any submissions the person requesting the review wants considered; and
• An address (physical or electronic) where the person can be served with the Deputy Registrar’s decision.

A Deputy Registrar will then review the order and can revoke, confirm, or amend the inspector’s order.

Deputy Registrars must either issue their decision or provide notice that more time is needed within seven days of receiving the request. If a Deputy Registrar provides notice that more time is needed, they must stay (put on hold) the order while it is under review, and the Deputy Registrar must issue their decision within 90 days.

If a Deputy Registrar does not issue a decision or provide notice that more time is needed within seven days of receiving the request for review, the order will remain as originally issued.

Note: This FAQ is for general information only and should not be considered legal advice. Please review the Resource Recovery and Circular Economy Act, 2016 and associated regulations for details.

See the FAQ: ‘Can I appeal a Compliance Order issued to me?’ for information on appealing a compliance order.

No. Section 68 subsection (3) of the Resource Recovery and Circular Economy Act states that “a person responsible for establishing and operating a collection system shall ensure that no charge is imposed at the time of the collection.”

The Authority recognizes the commercially sensitive nature of the information that parties submit to the registry. The Authority is committed to protecting the commercially sensitive information and personal information it receives or creates in the course of conducting its regulatory functions. In recognition of this commitment, the Authority, in addition to the regulatory requirements of confidentiality set out in the Resource Recovery and Circular Economy Act 2016 (section 57), has created an Access and Privacy Code that applies to its day-to-day operations, including the regulatory functions that it carries out.

Obligated material supply, collection, and resource recovery data will only be made public in aggregate form, to protect the confidentiality of commercially sensitive information.

The Authority will publish the names and contact information of all registered businesses – producers, service providers (collectors, haulers, processors, etc.), and producer responsibility organizations. The public will also have access to a list or method to locate any obligated material collection sites, as this information becomes available.

As part of its regulatory mandate, the Registrar will provide information to the public related to compliance and enforcement activities that have been undertaken.

The information that is submitted to the Registry will be used by the Registrar to confirm compliance and to track overall collection and management system performance. It will also be used by the Authority to update its policies and procedures and by the Ministry of Environment, Conservation and Parks for policy development.

A processor is a person who processes, for the purpose of resource recovery, HSP used by consumers in Ontario

A brand is any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trademark, which identifies a product and distinguishes it from other products.

A brand holder is a person who owns or licenses a brand or otherwise has rights to market a product under the brand.

Note:

• If there are two or more brand holders, the producer most directly connected to the production of the material is the brand holder.
• If more than one material produced by different brand holders are marketed as a single package, the producer who is more directly connected to the primary product in the package is the brand holder.

Yes, a producer, a PRO (producer responsibility organization) on behalf of a producer, or a service provider on behalf of either party, can collect any product or material (including materials or products that are not designated under the Resource Recovery and Circular Economy Act, 2016 (RRCEA)). For example, a battery producer may choose to collect batteries that weigh over 5kg; a tire producer may choose to collect bicycle tires; or a Blue Box producer may choose to collect books.

Products or materials that are not designated under RRCEA regulations cannot be counted towards meeting a producer’s collection or management requirements under RRCEA.

If designated materials are co-collected with materials that are not designated, a person must use a methodology or process acceptable to the Authority to account for those materials. Anyone considering this can contact the Compliance Team to discuss at registry@rpra.ca or 833-600-0530.

For example, if bicycle tires are collected at the same time as automotive tires, they must be accounted for separately both when collected and when sent to a processor.

Registrants may appeal an Administrative Penalty Order issued to them to the Ontario Land Tribunal (OLT). The registrant must serve written notice of their intention to appeal to the OLT and to the Registrar or a Deputy Registrar within 15 days of being served the order. The order will be temporarily stayed (put on hold) until a decision is rendered by the tribunal. The notice must include:

• The parts of the order that the appeal pertains to; and
• The grounds on which the person appealing the order intends to rely at the hearing.

The OLT will hold a hearing, and the OLT may confirm, vary, or revoke the order. The OLT cannot vary the amount of the penalty unless it considers the amount to be unreasonable.

After a matter is decided by the OLT, the registrant or RPRA may appeal the OLT’s decision to the Divisional Court, but only on a question of law and with leave (permission) of the Divisional Court. If a party obtains leave, the appeal of the OLT decision will be heard by the Divisional Court. This process is governed by the Rules of Civil Procedure. The OLT’s decision is not automatically stayed by an appeal to the Divisional Court, but a stay may be granted by the OLT or the Court.

See RPRA’s Administrative Penalties Guideline for further information.

Note: This FAQ is for general information only and should not be considered legal advice. Please review the Resource Recovery and Circular Economy Act, 2016 and associated regulations for details.

If a Compliance Order is issued to a registrant by the Registrar or a Deputy Registrar, or if the registrant receives a decision from a Deputy Registrar issued as a result of a Request for Review of an inspector’s order, the registrant can appeal the order to the Ontario Land Tribunal (OLT). The registrant must serve written notice of their intention to appeal to the Registrar or Deputy Registrar who made the order and to the OLT within 15 days of being served with the order. The notice must include:

• The parts of the order that the appeal pertains to; and
• The grounds on which the person appealing the order intends to rely at the hearing.

The OLT will hold a hearing. The OLT may decide to confirm, vary, or revoke the order.

After a matter is decided by the OLT, the registrant or RPRA may appeal the OLT’s decision to the Divisional Court, but only on a question of law and with leave (permission) of the Divisional Court. If a party obtains leave, the appeal of the OLT decision will be heard by the Divisional Court. This process is governed by the Rules of Civil Procedure. The OLT’s decision is not automatically stayed (put on hold) by an appeal to the Divisional Court, but a stay may be granted by the OLT or the Court.

Note: This FAQ is for general information only and should not be considered legal advice. Please review the Resource Recovery and Circular Economy Act, 2016 and associated regulations for details.

When to register as a producer 

Producers of oil filters and non-refillable pressurized containers, oil containers, antifreeze, pesticides, refillable pressurized containers, solvents, paints and coatings  

If the producer’s average weight of supply in 2018, 2019, 2020 was above the threshold in the table below, the producer was required to register with RPRA by November 30, 2021. Obligated producers who have not yet registered are out of compliance with the regulation and may face compliance action by RPRA. 

If a producer was not required to register in 2021, they must register on or before July 31 of the first calendar year that they exceed the threshold in the table below. 

For assistance in calculating your average weight of supply, contact RPRA’s Compliance Team at registry@rpra.ca.  

Producers of mercury-containing barometers, thermometers and thermostats, fertilizers and refillable propane containers

If a producer met the definition of an HSP producer in 2021, they were required to register with RPRA by November 31, 2021.

If you meet the definition of an HSP producer after November 31, 2021, you must register with RPRA within 30 days. 

How to register as a producer

1. Go to RPRA’s Registry at https://registry.rpra.ca/s/login/?language=en_US 
   • Note: The Registry will not work with the Internet Explorer web browser. Google Chrome is the recommended web browser to use.
2. Click “Don’t have an Account? Create a new Account”.
3. Follow the prompts to fill out your account details. 
   • Information needed at time of registration: 
     • CRA business number, business name, address, contact information, and 
     • Name, contact information of the person who will be responsible for completing registration.
4. You’ll receive an email with a link to create your password.
5. Select the program you want to enroll in.
6. Submit a supply report with the total weight of each type of HSP that was supplied to consumers in Ontario in the previous years. 

For more information and step by step instructions on how to submit a supply report, view our supply reporting guides here.