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)|
|Paints and Coatings||10|
|Non-refillable Pressurized Containers||3|
|Refillable Pressurized Containers||8|
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.
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.
The HSP Regulation has 13 materials obligated under it. Materials that share the same obligations have been grouped into categories.
- Oil Filters: produced and/or arriving in Ontario, and which are for sale, directly or as part of a product
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: that are used for the supply of a gas product, including propane, but cannot be refilled
- Refillable pressurized containers: that are used for the supply of a gas and can be refilled
- Antifreeze: that contains ethylene or propylene glycol used or intended for use as a vehicle engine coolant
- Oil containers: that have a capacity of 30 litres or less and that was manufactured and used for the purpose of containing new lubricating oil
- Solvents: that are used to dissolve or thin a compatible substance, comprised of 10% or more of water-immiscible liquid hydrocarbons, including halogen-substituted liquid hydrocarbons
- Paints and coatings: that contain latex, oil or solvent-based architectural coatings whether tinted or untinted, non-pesticide marine paints, paints for automotive craft and industrial applications
- Pesticides: fungicides, herbicides or insecticides that are registered under the Pest Control Products Act
- Barometers: that contain mercury, are intended for residential use and may contain electronic components
- Thermometers: that contain mercury, are intended for residential use to measure body or air temperature and may contain electronic component
- Thermostats: that contain mercury, and may contain electronic components
- Fertilizers: any 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)
- Refillable propane containers: A pressurized container that can be refilled, has a water capacity of 109 litres or less and is used only for propane
See our FAQ to understand “Is the packaging of antifreeze, pesticides, solvents, paints and coatings obligated?” and “What are the key changes to antifreeze, solvents, refillable pressurized containers, paints and coatings material definitions?”
The following materials include the product’s primary packaging:
- Paints and coatings
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.
There have been some key changes to the material definitions which may affect what a producer is obligated for and should be considered if using data previously reported:
- 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
- Craft paints
- Industrial paints
- Paints and coatings supplied to IC&I are now obligated
- Refillable Pressurized Containers supplied to IC&I are now obligated
There have been some key changes to the producer hierarchies in the HSP Regulation. This may affect what a producer is obligated for and should be considered if using data previously reported.
Hierarchy change for producers in all categories:
- Brand holders that are resident in Canada are obligated (previously was resident in Ontario)
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?”
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
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
There are no promotion or education requirements for producers of refillable propane containers.
There are no promotion or education requirements for producers of refillable pressurized containers.