A marketplace facilitator is a person who contracts with a marketplace seller to facilitate the supply of the marketplace seller’s products by:
- Owning or operating an online consumer-facing marketplace or forum in which the marketplace seller’s products are listed or advertised for supply and where offer and acceptance are communicated between a marketplace seller and a buyer (e.g., a website), and
- Providing for the physical distribution of a marketplace seller’s products to the consumer (e.g., storage, preparation, shipping of products).
Under the Blue Box Regulation, if a retailer (online or at a physical location) is determined to be the producer based on hierarchies, but they are a marketplace seller, the marketplace facilitator is the obligated producer. A marketplace seller is a person who contracts with a marketplace facilitator to supply its products.
Under the Blue Box Regulation, consumers are individuals who use a product and its packaging for personal, family or household purposes, or persons who use a beverage and its container for personal, family, household, or business purposes.
First Nation communities interested in receiving producer-run Blue Box services must register with the Authority. To register, communities must submit contact information of the person responsible for waste management in the community using the First Nation community registration form. Once completed, the registration form should be submitted by email to firstname.lastname@example.org.
Visit our First Nation webpage for more information.
Yes, all eligible communities must submit these reports to the Authority. The Datacall is the source of data for determining the net Blue Box system cost and for allocating funding under the Blue Box Program Plan. The Initial and Transition reports are for a separate and distinct program than Datacall and are required under the new Blue Box Regulation, which requires eligible communities to submit these reports.
While some of the required information in these reports was reported to Datacall, much of the information was not. Where there is overlap between what was reported to Datacall and the information that is required in these reports, please see the guidance below on where to find this information in your Datacall report.
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.
- Change Reports will be used by communities when there are changes to the information that they submitted in either the Initial Report or Transition Report. At this time, the requirements and formats for change reports have not yet been established. RPRA will provide guidance in the future.
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.
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 the rule creators, who will determine how to allocate communities to producers or PROs, as well as the allocation table makers, who will allocate eligible communities between all producers with obligations in Ontario.
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.
RPRA does not vet PROs before listing them on the website. Any business that registers as a PRO will be listed. Producers should do their own due diligence when determining which PRO to work with.
Yes, producers are legally required to register and report to RPRA. Additionally, there are some differences between what materials were reported to Stewardship Ontario and what must now be reported to RPRA. Differences include:
- Newly obligated materials
- Brand holder in Canada now obligated (rather than Ontario)
- Producer must report total supply, and then report any weight to be deducted separately.
The producer registration form has a reporting table to facilitate the use of data that was previously reported to Stewardship Ontario, but producers must ensure that data reported to Stewardship Ontario is accurate supply data under the new regulation.
During transition years, stewards will be obligated and have to meet their requirements (e.g., reporting to Stewardship Ontario) under the Blue Box Program Plan and the WDTA and required to meet their obligations under the new Blue Box Regulation under the RRCEA, which includes registering, reporting and paying their Registry fee to RPRA.
Blue Box materials supplied to a business (e.g., the operators of a long-term care home) are not obligated, however, there are no deductions available for materials supplied to a consumer in an IC&I setting (e.g., a resident of a long-term care home).
Any Blue Box materials supplied to consumers in Ontario are obligated. Blue Box materials supplied to the IC&I sector are not obligated (except beverage containers which are obligated regardless of the sector supplied into).
The brand holder is the obligated producer.
A marketplace facilitator only becomes obligated for products supplied through its marketplace where the producer would have been a retailer. If the producer is a brand holder or an importer, they remain the obligated producer even when products are distributed by a marketplace facilitator.
A retailer is a business that supplies products to consumers, whether online or at a physical location.