Yes, a Blue Box producer or PRO (producer responsibility organization) on behalf of a producer, or a service provider on behalf of either party, can voluntarily choose to collect Blue Box materials that are not marketed to consumers.
Blue Box materials not marketed to consumers cannot be counted towards meeting a producer’s collection or management requirements under the Blue Box Regulation.
If Blue Box materials that are marketed to consumers are co-collected with Blue Box materials not marketed to consumers, a person must use a methodology or process acceptable to the Authority to account for materials supplied to a consumer or not. Anyone considering this can contact the Compliance Team to discuss at registry@rpra.ca or 833-600-0530.
For example, if Blue Box materials supplied to a consumer in Ontario are collected along the same collection route as Blue Box materials that were not supplied to a consumer, they must be accounted for separately. When those materials are then sent to a processor, they must also be accounted for separately.
Yes, a Blue Box producer, or PRO (producer responsibility organization) on behalf of a producer, or a service provider on behalf of either party, can choose to offer collection services to any location. Blue Box producers are required to provide collection services to all eligible sources, as well as public spaces.
Blue Box materials collected from locations that are not eligible sources cannot count towards meeting a producer’s management requirement unless they were supplied to a consumer in Ontario. See this FAQ: Who is a consumer under the Blue Box Regulation?
If a person is co-collecting from locations that are eligible sources and not eligible sources, a person must use a methodology or process acceptable to the Authority to account for materials collected from each type of source. Anyone considering this can contact the Compliance Team to discuss at registry@rpra.ca or 833-600-0530.
For example, if materials are collected from an eligible source and a location that is not an eligible source along the same collection route, they must be accounted for separately. When those materials are then sent to a processor, they must also be accounted for separately.
Yes, a producer, a PRO (producer responsibility organization) on behalf of a producer, or a service provider on behalf of either party, can collect any product or material (including materials or products that are not designated under the Resource Recovery and Circular Economy Act, 2016 (RRCEA)). For example, a battery producer may choose to collect batteries that weigh over 5kg; a tire producer may choose to collect bicycle tires; or a Blue Box producer may choose to collect books.
Products or materials that are not designated under RRCEA regulations cannot be counted towards meeting a producer’s collection or management requirements under RRCEA.
If designated materials are co-collected with materials that are not designated, a person must use a methodology or process acceptable to the Authority to account for those materials. Anyone considering this can contact the Compliance Team to discuss at registry@rpra.ca or 833-600-0530.
For example, if bicycle tires are collected at the same time as automotive tires, they must be accounted for separately both when collected and when sent to a processor.
Paints, pesticides, solvents fertilizers obligated under the HSP Regulation along with their primary packaging must be accepted at collection sites collecting the corresponding material. For instance, empty paint cans and pesticide aerosols obligated under the HSP Regulation must be accepted at collection sites collecting paint and pesticides.
As of January 1, 2023, lighting producers are required to establish and operate a lighting collection system that meets the accessibility requirements in the EEE Regulation. A producer must ensure that all lighting collected is managed regardless of what their minimum management requirements is.
A producer has 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 lighting producer qualifies for an exemption if their management requirement isn’t more than 350 kg. The lighting producer is exempt from the following:
Registering and reporting to RPRA;
Establishing a collection and management system and meeting a management requirement; and
Promotion and education requirements.
Management requirements are calculated using the formulas in the table below. For the 2022 reporting period, producers need to determine if they will be exempt for the 2023 performance period.
Performance Period
Formula
Exemption threshold (kg)
Exempt if average annual supply less than (kg)
2023
(2018 supply + 2019 supply + 2020 supply) / 3×30%
350
1167
2024
(2019 supply + 2020 supply + 2021 supply) / 3×30%
350
1167
2025
(2020 supply + 2021 supply + 2022 supply) / 3×30%
350
1167
2026
(2021 supply + 2022 supply + 2023 supply) / 3×40%
350
875
2027
(2022 supply + 2023 supply + 2024 supply) / 3×50%
350
700
Producers not required to register and report are required to keep records as set out in section 30 of the regulation. Note: The minimum management requirement percentage increases for the 2025 supply report (2026 performance year) and subsequent years. While some producers may be exempt one year, they might not be exempt in subsequent years. Producers must verify that they continue to meet the exemption each year using the table above.
Where an entire community is receiving recycling curbside collection and has access to recycling depots, the requirement is that during transition, that same level of service is still provided. After transition, there is no requirement to maintain depots within these communities.
Producers are obligated to provide collection services to new facilities that come into existence during the transition period only if that facility would have qualified for collection services under the WDTA Blue Box Program.
For further certainty, the WDTA Blue Box Program includes collection services for multi-family households (including rental, cooperative or condominium residential), senior citizen residences, long-term care facilities and public and private elementary and secondary schools.
For most producers and for all municipalities, little has changed:
Rule creators and the rule creation process, including the allocation table, have been removed. Instead, each producer is responsible for providing Blue Box collection to every eligible source in Ontario and creating a province-wide system for collection.
Producer Responsibility Organizations (PROs) are now required to submit a report to RPRA on how they will operate the Blue Box system on behalf of producers.
Newspaper producers whose newspaper supply accounts for more than 70% of their total Blue Box supply to consumers in Ontario are exempt from collection, management, and promotion and education requirements.
The amendments do not change or impact:
Producer registration or 2020 supply data reporting to RPRA
Most producers’ 2021 supply data reporting to RPRA
The materials collected in the Blue Box system
The communities that receive collection or the collection requirements
With the removal of the rule creation process and allocation table as the tools to create and maintain the Blue Box collection system, the amended regulation now requires producer responsibility organizations (PROs) to submit a report that outlines how they will operate the Blue Box collection system on behalf of producers, ensuring that materials are collected from all eligible communities (i.e., communities outside of the Far North) across the province.
Circular Materials Ontario and Ryse Solutions Ontario PROs submitted a Blue Box PRO initial report to RPRA on July 1, 2022, that provides the following information:
A description of how they will comply with the collection requirements of the regulation, including any agreements between themselves and any other PRO
A detailed description of how they will make collected Blue Box materials available for processing, how materials will be processed, and the expected location of receiving facilities in Ontario
A description of how they will comply with the promotion and education requirements of the regulation
You can read the news release and the initial report here.
A “Public space” means an outdoor area in a park, playground or beside/on a sidewalk, a public transit station or stop under municipal or provincial jurisdiction, including a track-level stop, to which the public is normally provided access.
During transition, producers are required to collect Blue Box material from public space receptacles in eligible communities that were provided collection service under the WDTA program.
The definition of a “public space” in the Blue Box Regulation is broader than the definition used in the Datacall for WDTA municipal funding purposes. For the purpose of collection services during transition, producers must collect from eligible communities’ public space receptacles collected as part of a communities’ Blue Box servicing that was funded under the WDTA Blue Box program (i.e., those along residential routes).
