Topic: PRO

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.

What are Blue Box producers’ obligations for public space receptacle collection during transition?

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).

Do service providers have to pay fees to the Authority?

No, only producers are required to pay RPRA program fees.  The decision to make producers pay fees and cover the Authority’s costs was made to reflect the fact that the Resource Recovery and Circular Economy Act, 2016 (RRCEA) is based on a producer responsibility framework. Although producers may hire service providers to help meet their obligations, the responsibility remains with the producer.

Can a PRO report on behalf of a producer?

A producer can grant access to anyone they would like to authorize in their reporting (i.e. Registry) portal. Producer reporting must be done in the producer account and batch data transfers are not accepted.

How many collection sites and collection events are producers of categories A and B required to have for the transition year of October 1, 2021, to December 31, 2022?

Under the HSP Regulation, producers are required to make reasonable efforts to establish and operate at least as many collection sites for each type of HSP in each local municipality, territorial district or reserve as the number of sites that were operated on September 30, 2021.

Producers are also required to make reasonable efforts to hold at least as many collection events for that type of HSP in each local municipality, territorial district or reserve as the number of events that were held in the 2020 calendar year.

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.

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.