Topic: PRO

What are certified compostable products and packaging?

In the Blue Box Regulation, certified compostable products and packaging is defined as material that:

  • is only capable of being processed by composting, anaerobic digestion or other processes that result in decomposition by bacteria or other living organisms, and
  • is certified compostable by an international, national, or industry standard that is listed in this procedure.

All certified compostable products and packaging reported by producers must be certified under one of the following standards:

  • CAN/BNQ 0017-088: Specifications for Compostable Plastics
  • ISO 17088: Specifications for compostable plastics
  • ASTM D6400: Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities
  • ASTM D6868: Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities
  • EN 13432: Requirements for packaging recoverable through composting and biodegradation – Test scheme and evaluation criteria for the final acceptance of packaging

 

As a producer or municipality, do the 2022 Blue Box Regulation amendments change anything for me?

For most producers and for all municipalities, little has changed:

  1. 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.
  2. 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.
  3. 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
  • The transition schedule and its timelines

What has replaced the Rule Creation process in the amended Blue Box Regulation?

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.

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.