Topic: General

What is a free rider?

Free riders are obligated parties that:

  • Have not registered or reported to RPRA
  • Have not established a collection and management system (if they are so required to), or;
  • Are not operating a collection and management system (if they are so required to).

See our FAQs to understand “What is RPRA’s approach to free riders?”, and “What do I do if I think a business is a free rider?

To note:

  • Some producers only have requirements to register and report. Please refer to your specific program page on our website to understand producer obligations.
  • Collection and management systems may be accomplished by a producer responsibility organization (PRO) on behalf of a producer through contractual arrangements between the producer and PRO. If a PRO is managing a producer’s collection and management requirements, producers must identify that PRO to RPRA.

Who is a consumer under the Batteries, Electrical and Electronic Equipment, Hazardous and Special Products, and Tires Regulations?

Under the Batteries, EEE, HSP, and Tire Regulations, a consumer is any end user of a product. A consumer includes an individual who obtains the product for the individual’s own use and a business that obtains the product for the business’s own use.

See our FAQ to understand “Who is a consumer under the Blue Box Regulation?

Are there are 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?

 

Why do I have to pay the RPRA Registry fee for Blue Box in 2021 if the program doesn’t transition until 2023?

RPRA’s Registry fees cover the costs related to compliance and enforcement and other activities required to administer the regulations under the RRCEA, and building and operating the Registry.

The Registry fees cover expenses in a given year (e.g., 2021 fees cover 2021 expenses). 2021 fees for Blue Box cover the Authority’s costs to undertake activities to implement the regulation in 2021, which include:

  • helping obligated parties understand their requirements
  • ensuring producers register and report their supply data by the deadline in the regulation
  • compliance, enforcement, and communication activities

Who is a consumer under the Blue Box Regulation?

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.

What reports need to be completed by municipalities and First Nations under the Blue Box Regulation, and who needs to complete these reports?

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.

Visit the Municipal and First Nation webpages for more information.

Why do municipalities and First Nations have to report under the Blue Box Regulation?

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 PROs to plan for collection in each eligible community.

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.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

What is a volunteer organization?

A volunteer organization is a person who:

  • Is a brand holder who owns a brand that is used in respect of batteries or EEE;
  • Is not a resident in Canada;
  • Has registered with the Authority; and
  • Has entered into a written agreement with a producer for the purpose of carrying out one or more producer responsibilities.

A volunteer organization is not a producer but can take on the registration and reporting responsibilities for producers in relation to its brand. Under the Regulation, producers remain responsible for meeting their management requirements and cannot pass off their obligations through voluntary remitter agreements or any other commercial agreement.

Any brand holder or producer who is interested in making any agreement as indicated (or described) above, should contact the Compliance Team at registry@rpra.ca, 647-496-0530 or toll-free at 1-833-600-0530.