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.
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 and should reference the ITT/AV Collection Systems compliance bulletin for guidance.
Producers must ensure that consumers can drop off ITT/AV 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 ensure that all ITT/AV picked up from a collection site, regardless of whether it is part of the producer’s collection system, is managed (reused, refurbished, or processed) within three months of the pickup date.
For the 2021 and 2022 performance periods, every obligated producer shall make best efforts to reuse, refurbish, or recycle 55% of the ITT/AV they supply in Ontario for each performance period.
For the 2023 performance period, producers must reuse, refurbish or recycle 60% of ITT/AV supplied in Ontario. For more information, review this FAQ.
As of January 1, 2023, producers, or PROs on their behalf, can rely on ITT/AV processors listed on RPRA’s website to meet their management requirements that start in 2023. The list will be updated as required. View the list of ITT/AV processors here.
The Regulation defines recovered resources as:
- materials used or destined to be used by a person for the making of new products or packaging
- materials removed from used batteries used to enrich soil
- glass used as aggregate from EEE (up to a 15% max weight for ITT/AV)
The following must not be counted toward the management requirement:
- 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 they enrich soil or as aggregate within allowable limits)
- aggregate over the allowed limits
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
Under the EEE Regulation, ITT/AV producers are required to register with the Authority.
Have questions about registration? View the following resources:
Collection and Management System Reporting
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
ITT/AV producers, or PROs acting on their behalf, must contact the Authority to submit their report at firstname.lastname@example.org or 647-496-0530 or toll-free at 1-833-600-0530.
Annual Supply Data Reporting
Starting in 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.
Supply data must be submitted in accordance with the Registry Procedure – Verification and Audit. Verification of supply data and management reductions (e.g., post-consumer recycled content) is required starting in 2022. Verification requirements are outlined in the registry procedure.
Have questions about supply data reporting? View the following resources:
Annual Performance Reporting
For the first performance period of January 1, 2021, to December 31, 2021, producers are required to make best efforts to ensure that at least 55% of ITT/AV is processed, refurbished or reused. Each year, you, or your PRO, will have to report on the extent to which you were able to achieve your management requirement.
You, or your PRO on your behalf, are required to report the following information annually:
- Total weight of ITT/AV collected
- Total weight of collected ITT/AV that were refurbished
- Input the weight of materials recovered from processing the collected ITT/AV (e.g. metals, plastics, etc.)
Most producers will work with a PRO to meet their mandatory collection and management requirements. If you have not yet contracted with a PRO, it is important that you do so as soon as possible to ensure that you can meet your obligations. Learn more about PROs here.
If a PRO submits the report on your behalf, as a producer you are legally responsible to meet your requirements under the EEE Regulation.
Beginning in 2024, producers or PROs reporting on their behalf, will be required to submit an audit verifying their performance reporting. The first audit, due in 2024, will be verifying performance for 2022 and 2023. Performance is audited every three years for the previous three performance periods, meaning the second audit will be due in 2027 (for the performance years 2024, 2025 and 2026). The audit must be conducted in accordance with the Registry Procedure – Verification and Audit. There is no audit required for the first performance period of January 1, 2021, to December 31, 2021.
Deadline: ITT/AV performance reporting is due April 30 of each year.
Information for Ontario Electronic Stewardship WEEE Stewards
On December 31, 2020, the Waste Electrical and Electronic Equipment (WEEE) Program operated by Ontario Electronic Stewardship (OES) ended. Visit OES’s website for information related to the wind up of the WEEE Program: ontarioelectronicstewardship.ca/mecp-direction-to-oes-wind-up/
We are here to help you understand your requirements
To learn more about the EEE Regulation or to view past webinars and presentations, visit our Learning Series webpage on Understanding Ontario’s New EEE Regulation.