Yes, a producer can change PROs at any time. Producers must notify RPRA of any change in PROs within 30 days of the change.
Topic: Collection Systems
What is a rule creator?
The rule and allocation table creation process has been removed from the Blue Box Regulation and is therefore no longer required to create and maintain the system for collecting Blue Box materials across the province, as per regulatory amendments made by the government on April 14, 2022. As such, rule creators are no longer applicable under the regulation. Learn more about the amendments.
To replace these tools, the amended regulation now requires 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. Learn more about what PROs need to include in the report.
Are there any differences in what needs to be reported between the current Stewardship Ontario program and the new Blue Box Regulation?
Yes, there are some key changes to the data reported to Stewardship Ontario and what needs to be reported under the new regulation, which may affect what a producer is obligated for and should be considered if using data previously reported to Stewardship Ontario:
- There are fewer reporting categories than under the Stewardship Ontario program
- Certified compostable packaging and products now must be reported separately, but this category does not have management requirements
- There are only two deductions permitted under the Blue Box Regulation, and producers must report total supply and then report any weight to be deducted separately
- Exemptions are based on tonnage supply under each material category instead of a total supply weight threshold of less than 15 tonnes as in Stewardship Ontario’s program
See our FAQ to understand “What deductions are available to producers under the Blue Box Regulation?”; “Are there exemptions for Blue Box producers?“; “Are there any differences in Blue Box producer hierarchies between the current Stewardship Ontario program and the new Blue Box Regulation?”; and “Are there are any differences in obligated Blue Box materials between the current Stewardship Ontario program and the new Blue Box Regulation?”
What producer exemptions are under the HSP Regulation?
If a producer is exempt in accordance with the chart below, the producer is exempt from the following requirements:
- Registration with RPRA
- Requirements related to setting up or operating a collection system
- Management requirements
- Promotion and education requirements
Producer categories use the average weight of material (in tonnes) supplied in Ontario in the three previous calendar years. If you have questions on how to calculate your average weight of supply, contact the Registry Support Team at registry@rpra.ca.
What are the types of Blue Box materials obligated under the Blue Box Regulation?
The following are the types of Blue Box Materials obligated under the Blue Box Regulation:
- Blue box packaging (primary, transport, convenience, service accessories, ancillary elements)
- Paper products
- Packaging-like products
Are Blue Box materials that are supplied to the IC&I sector, such as long-term care homes, obligated?
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).
If a marketplace facilitator supplies products for which there is a brand holder resident in Canada, who is the obligated producer?
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.
Is transport packaging that is removed by a retail location and not supplied to the consumer obligated?
No, transport packaging is only obligated when supplied to a consumer in Ontario. Any transport packaging removed by a retailer or other entity before the product is supplied to a consumer is not obligated under this regulation.
What is blue box product packaging?
Under the Blue Box Regulation, blue box product packaging includes:
- Primary packaging is for the containment, protection, handling, delivery and presentation of a product at the point of sale, including all packaging components, but does not include convenience packaging or transport packaging (e.g., film and cardboard used to package a 24-pack of water bottles and the label on the water bottle).
- Transportation packaging which is provided in addition to primary packaging to facilitate the handling or transportation of one or more products such as a pallet, bale wrap or box, but does not include a shipping container designed for transporting things by road, ship, rail or air.
- Convenience packaging includes service packaging and is used in addition to primary packaging to facilitate end users’ handling or transportation of one or more products. It also includes packaging that is supplied at the point of sale by food-service or other service providers to facilitate the delivery of goods and includes items such as bags and boxes that are supplied to end users at check out, whether or not there is a separate fee for these items.
- Service accessories are products supplied with a food or beverage product and facilitate the consumption of that food or beverage product and are ordinarily disposed of after a single use, whether or not they could be reused (e.g., a straw, cutlery or plate).
- Ancillary elements are integrated into packaging (directly hung or attached to packaging) and are intended to be consumed or disposed of with the primary packaging. Ancillary elements help the consumer use the product. Examples of ancillary packaging include a mascara brush forming part of a container closure, a toy on the top of candy acting as part of the closure, devices for measuring dosage that form part of a detergent container cap, or the pouring spout on a juice or milk carton.
What are paper products?
Under the Blue Box Regulation, paper products include printed and unprinted paper, such as a newspaper, magazine, greeting cards, calendars (promotional or purchased), notebooks and daily planners, promotional material, directory, catalogue or paper used for copying, writing or any other general use.
Hard or soft cover books and hardcover periodicals are not considered paper products.
What are packaging-like products?
Under the Blue Box Regulation, a packaging-like product is:
- ordinarily used for the containment, protection, handling, delivery, presentation or transportation of things
- ordinarily disposed of after a single use
- not used as packaging when it is supplied to the consumer
Packaging-like products include aluminum foil, a metal tray, plastic film, plastic wrap, wrapping paper, a paper bag, beverage cup, plastic bag, cardboard box or envelope, but does not include a product made from flexible plastic that is ordinarily used for the containment, protection, or handling of food, such as cling wrap, sandwich bags, or freezer bags.
If a producer is unsure whether or not their product is a packaging-like product, they can ask themselves the following questions to help determine whether the product is obligated to be reported under the Blue Box Regulation:
- Is the product actually packaging around a separate product?
- If yes, the product is not a packaging-like product. Instead, the product is considered blue box packaging and must be reported as blue box material. If no, continue to the next question.
- Is the product used for the containment, protection, handling, delivery, presentation or transportation of a thing(s)?
- If no, the product is not a packaging-like product. If yes, continue to the next question.
- Is the product typically disposed of after a single use (regardless if some may wash and reuse it)?
- If no, the product is not a packaging-like product. If yes, continue to the next question.
- Is the product made from flexible plastic that is for the containment, protection or handling of food?
- If yes, the product is not a packaging-like product. If no, the product is a packaging-like product and must be reported as blue box material.
If a producer is still unsure whether or not their product is a packaging-like product, they should contact the Compliance and Registry Team at 833-600-0530 or registry@rpra.ca.
As an EEE producer who has registered, what other requirements do I need to meet?
As of January 1, 2021, producers are required to establish and operate a collection system for ITT/AV that meets the accessibility requirements in the regulation. Producers must ensure that all ITT/AV collected is managed regardless of what their minimum management requirements are.
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.
Please contact the Compliance Team at 833-600-0530 or registry@rpra.ca to discuss other requirements under the EEE Regulation.
As a battery producer who has registered, what other requirements do I need to meet?
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 registry@rpra.ca to discuss other requirements under the Batteries Regulation.