A person is considered a producer for ITT/AV under the Electrical and Electronic Equipment (EEE) Regulation if they supply ITT/AV into Ontario and:
- are the brand holder of the EEE and have residency in Canada
- have residency in Ontario and import EEE from outside of Ontario
- have residency in Ontario and markets directly to consumers in Ontario (e.g. online sales)
- does not have residency in Ontario and markets directly to consumers in Ontario (e.g. online sales)
Even if you do not meet the above definition, there may be circumstances where you qualify as a producer. Read the EEE Regulation for more detail or contact the Compliance and Registry Team for guidance.
What are my obligations under the EEE Regulation?
Click the headings below to learn more about your obligations as a producer.
As of January 1, 2021, producers are required to establish and operate a collection system for ITT/AV. The Authority will be issuing a compliance bulletin that will provide guidance on collection systems. The bulletin will be posted here when available.
Producers must ensure that consumers can drop off ITT/AB free of charge at each site that is part of their collection system and satisfy the following requirements:
- If the ITT/AV collection site is not part of a retail location, the site must accept all ITT/AV
- If the ITT/AV collection site is part of a retail location, the site must accept, at a minimum, all ITT/AV that are of a similar size and function supplied by the producer at that location.
- The ITT/AV collection site must be readily accessible to the public and must be operated and accept ITT/AV during normal business hours throughout the performance period.
- The ITT/AV collection site must accept, at a minimum, up to 50 kilograms of ITT/AV per day from any person.
- If the ITT/AV collection site is not part of a retail location and the ITT/AV collection site accepts more than as noted in #4, the operator of the site shall record the person’s name, contact information, any unique identifier assigned by the Registrar and the weight of ITT/AV accepted.
For Ontario Crown sites, municipal sites located in municipalities with a population less than 1,000 and First Nations Reserves, the following requirements apply:
- Once the site has four tonnes of ITT/AV, they may notify a PRO or a large producer for pick up
- The ITT/AV must be collected within one year from notification
- Does not apply to the Far North
Producers can reduce their accessibility requirements by providing options such as curbside collection, mailback programs, or collection events.
Producers must establish and operate a system for managing ITT/AV by determining and satisfying their management requirements as follows:
- All ITT/AV picked up from a collection site must be managed within three months from the date of the pickup
- Managed means reused, refurbished or processed (i.e., is now a recovered resource)
Recovered resources (including batteries removed from ITT/AV) are:
- Materials used or destined to be used by a person for the making of new products or packaging
- Materials used to enrich soil
- glass used as aggregate from EEE (up to a 15% max for ITT/AV)
- Aggregate from batteries (up to a 15% max).
Materials that are not recovered (cannot count toward performance) include:
- Aggregate over the allowed limits
- Materials that are land disposed
- Materials that are incinerated or used as fuel or a fuel supplement
- Materials that are stored, stockpiled, used as a daily landfill cover or otherwise deposited on land (unless the enrich soil or as aggregate within allowable limits).
From January 1, 2021 to December 31, 2022, every producer shall make best efforts to reuse, refurbish, or recycle 55% of the ITT/AV they supply in Ontario.
Working with PROs
Producers have the choice of establishing and operating their own collection and management systems or working with one or more producer responsibility organizations (PROs) registered with the Authority to meet their obligations.
A PRO is a business established to contract with producers to provide collection and management and administrative services to help producers meet their regulatory obligations under the EEE Regulation, including:
- Arranging the establishment or operation of ITT/AV collection and management systems (hauling, recycling, reuse, or refurbishment services).
- Establishing or operating a collection or management system
- Preparing and submitting reports and payment
PROs operate in a competitive market and producers can choose the PRO (or PROs) they want to work with. The terms and conditions of each contract with a PRO may vary. Registered PROs are listed here.
From January 1, 2021 to December 31, 2022, producers of ITT/AV are required to:
- Make reasonable efforts to raise public awareness of ITT/AV recovery and reasonable efforts to encourage public participation
- Publish information on their website about collection locations, collection services, and recovery activities
A producer who marketed ITT/AV in Ontario between January 1, 2018 and November 30, 2020 must register with the Authority.
New producers must register with the Authority 30 days after marketing ITT/AV in Ontario if they marketed ITT/AV after November 30, 2020.
Potential producers are encouraged to contact the Authority to determine if they are a producer and what ITT/AV they are required to report.
On or before April 30, 2021 ITT/AV producers, or PROs acting on their behalf, must submit the following information about their collection network:
- The location of every collection site that is part of their system to satisfy the accessibility requirements
- A description of their collection services (e.g., curbside)
- Every hauler, processor and refurbisher that is part of their collection or management system
Starting April 30, 2021, and every year thereafter ITT/AV producers must report their supply data.
- 2019 data with their 2021 report; 2020 data with their 2022 report, and so on.
Verification of supply data and management reductions (e.g., post-consumer recycled content) is required starting with the April 30, 2022 report.
Verification requirements are outlined in the Registry Procedure – EEE Verification and Audit.
Annual Performance Reporting
Beginning in 2022 (on or before April 30), producers or PROs on their behalf must report on their performance for the previous performance period (January 1, 2021 to December 31, 2021 is the first performance period), including the weight of ITT/AV recycled, reused and refurbished. .
Beginning in 2024, producers (or PROs on their behalf), will be required to submit an audit verifying their performance reporting. The first audit of performance is due April 30, 2024 (based on the 2022 and 2023 performance periods).
Performance is audited every three years for the previous three performance periods, meaning the second audit will be due on April 30, 2027 (for the performance years 2024, 2025 and 2026)
The audit is conducted in accordance with the Registry Procedure – EEE Verification and Audit
Information for Ontario Electronic Stewardship WEEE Stewards
On December 31, 2020, Ontario Electronic Stewardship (OES) will end its Waste Electrical and Electronic Equipment (WEEE) Program. Visit OES’s website for information related to the wind up of the WEEE Program: ontarioelectronicstewardship.ca/mecp-direction-to-oes-wind-up/
Questions related to the wind up of the WEEE Program can be sent to: email@example.com or call: 1-888-646-1820, ext. 11.