Consumer protection laws in Ontario require that the purpose of a visible fee cannot be misrepresented. This means that if a business decides to charge an environmental fee on batteries, electronics or tires, the fee:
- must reflect the business’ actual cost of recycling the product; and
- cannot be presented as a government tax, a RPRA fee or something similar.
There are additional rules in the tires regulation about visible fees related to recycling tires. For information about the rules for charging recycling fees on tires, refer to the compliance bulletin Charging Tire Fees to Consumers.
Businesses have the choice to recover the cost of recycling their products by incorporating those costs into the overall cost of their product (as they do with other costs, such as materials, labour, other regulatory compliance costs, etc.) or by charging it as a separate fee to consumers.
Environmental fees on batteries, electronics, hazardous and special products or tires are not mandatory and are applied at the discretion of the business charging them, including the amount of the fee.
As of July 1, 2020, producers are required to establish and operate a collection system for batteries that meets the accessibility requirements in the regulation. Producers must ensure that all batteries collected are managed regardless of their minimum management requirements.
For producers to meet their obligations, they have the choice of establishing and operating their own collection and management system or working with one or more producer responsibility organizations (PROs) that are registered with the Authority.
Please contact the Compliance Team at 833-600-0530 or firstname.lastname@example.org to discuss other requirements under the Batteries Regulation.
A battery producer qualifies for an exemption if its management requirement is less than 1.25 tonnes of rechargeable batteries or less than 2.5 tonnes of single-use batteries. A producer’s management requirement is calculated as a percentage of the weight of batteries supplied into Ontario in a specific period. This calculation changes each year, and therefore producers should verify whether they qualify for an exemption annually.
For information about how to calculate your management requirement, refer to our FAQ, How are battery producer minimum management requirements determined?
A producer who meets the weight exemption and has five or more full-time employees does not have collection or management requirements but is required to register and report battery supply data to the Authority.
A producer who meets the weight exemption and has less than five full-time employees has no obligation under the Batteries Regulation.
Producers who want to confirm their status as an exempt producer should contact the Compliance Team at email@example.com or 833-600-0530.
Producer supply data is used to calculate their individual minimum management requirements under the Batteries Regulation.
To learn how calculations are formulated, visit the FAQ How are battery producer minimum management requirements determined?
A producer’s individual management requirements are determined by the following formulas found in section 13 of the Regulation:
It is important to note that producer’s must ensure that all batteries collected are managed regardless of their minimum management requirement.
Yes. You are still required to register with the Authority Registry even if you already have an existing account.
There is no audit verification requirement for the first two supply data reports submitted to the Authority. Therefore, data submitted for single-use batteries supplied in 2018, 2019, and 2020, as well as rechargeable batteries supplied in 2018 and 2019 will not have to be verified in accordance with the Registry Procedure – Verification and Audit.
As shown in the table below, under section 15 of the Battery Regulation, the first supply data report for which there are audit and verification requirements will be submitted in 2022. This supply data report is for single-use batteries supplied in 2021 and rechargeable batteries supplied in 2020.
The Batteries Regulation applies to the following types of batteries sold separately in Ontario (e.g., not embedded in products):
- Single-use (primary) batteries weighing 5 kg or less and sold separately from products; and
- Rechargeable batteries weighing 5 kg or less and sold separately from products.
Examples of single-use and rechargeable batteries that fall under the Batteries Regulation are button cells, AA, AAA, C, D, 9V, lantern batteries, sealed lead-acid batteries, and replacement batteries for products (for example, drill, cell phone, laptop) that weigh under 5 kg or less.
The regulation does not apply to the following:
- Batteries sold with or in products (for example, batteries sold with or in drills, cell phones, laptops, toys, vapes, fire alarms); or
- Batteries over 5 kg (for example, car batteries, forklift batteries, stationary batteries).
For more information, see the Compliance Bulletin: What batteries have to be reported?
If you have questions about what items are and are not covered under the Batteries Regulation, contact the Compliance and Registry Team at firstname.lastname@example.org or (647) 496-0530 or toll-free at (833) 600-0530.