Producer supply data is used to calculate their individual minimum management requirements under the Batteries Regulation.
To learn how calculations are formulated, visit the FAQ How are battery producer minimum management requirements determined?
Topic: Producer
How are battery producer’s minimum management requirements determined?
A producer’s individual management requirements are determined by the following formulas found in section 13 of the Regulation:
It is important to note that producer’s must ensure that all batteries collected are managed regardless of their minimum management requirement.
If I am already registered with the Authority under a different Regulation, do I have to register again to comply with the Batteries Regulation?
Yes. You are still required to register with the Authority Registry even if you already have an existing account.
As a producer, am I required to provide an audit report with my battery supply data?
There is no audit verification requirement for the first two supply data reports submitted to the Authority. Therefore, data submitted for single-use batteries supplied in 2018, 2019, and 2020, as well as rechargeable batteries supplied in 2018 and 2019 will not have to be verified in accordance with the Registry Procedure – Verification and Audit.
As shown in the table below, under section 15 of the Battery Regulation, the first supply data report for which there are audit and verification requirements will be submitted in 2022. This supply data report is for single-use batteries supplied in 2021 and rechargeable batteries supplied in 2020.
How can I determine if my product is obligated as a battery under the Batteries Regulation?
The Batteries Regulation applies to the following types of batteries sold separately in Ontario (e.g., not embedded in products):
- Single-use (primary) batteries weighing 5 kg or less and sold separately from products; and
- Rechargeable batteries weighing 5 kg or less and sold separately from products.
Examples of single-use and rechargeable batteries that fall under the Batteries Regulation are button cells, AA, AAA, C, D, 9V, lantern batteries, sealed lead-acid batteries, and replacement batteries for products (for example, drill, cell phone, laptop) that weigh under 5 kg or less.
The regulation does not apply to the following:
- Batteries sold with or in products (for example, batteries sold with or in drills, cell phones, laptops, toys, vapes, fire alarms); or
- Batteries over 5 kg (for example, car batteries, forklift batteries, stationary batteries).
For more information, see the Compliance Bulletin: What batteries have to be reported?
If you have questions about what items are and are not covered under the Batteries Regulation, contact the Compliance and Registry Team at registry@rpra.ca or (647) 496-0530 or toll-free at (833) 600-0530.
Am I a battery producer?
You are considered a battery producer under the Batteries Regulation if you market batteries into Ontario and meet the following requirements:
- Are the brand holder of the battery and have residency in Canada;
- If there is no resident brand holder, have residency in Ontario and import batteries from outside of Ontario;
- If there is no resident importer, have residency in Ontario and markets directly to consumers in Ontario (e.g., online sales); or
- If there is no resident marketer, does not have residency in Ontario and markets directly to consumers in Ontario (e.g., online sales).
Even if you do not meet the above definition, there may be circumstances where you qualify as a producer. Read the Batteries Regulation for more detail or contact the Compliance and Registry Team for guidance at registry@rpra.ca or (647) 496-0530 or toll-free at (833) 600-0530.
Why is there an executive attestation requirement?
Brand holders and producers that supply products and packaging are required by legislation to meet individual mandatory collection and resource recovery requirements and may face compliance and enforcement consequences for failing to do so. The executive attestation ensures that executives responsible for managing the brand holder’s or producer’s business are aware of these requirements and can ensure that appropriate measures are put in place to achieve compliance with the regulations.
Why do I need to provide a legal business name and a business operating name?
For regulatory purposes, we need to know your legal name — the name you are incorporated under. We also need to know your business operating name if it is different from your legal business name to add to our published list of registrants. The list of registrants will be available on our website to allow registrants to interact with one another and to provide information to the public.
For example, if you are a registered collector and your legal name is 123456789 Ontario Ltd. and your business operating name is “Jack’s Garage,” a member of the public looking for a place to drop off used tires will need to know the name you are operating under to identify your location.
What information do I need to create a Registry account?
To create a Registry account with the Authority, you will need to provide:
- CRA Business Number (BN)
- Legal Business Name
- Business address and phone number
- Address of where you work (if different from the main office)
- Contact information for your billing contact (this may also be added later)
What if I fall under more than one category (for example, I’m both a tire processor and hauler)?
You will have to meet the registration requirements for every category that applies to you.
What does resident in Ontario mean?
Resident in Ontario means a person having a permanent establishment in Ontario within the meaning of the Corporations Tax Act. A permanent establishment is usually a fixed place of business such as an office, factory, branch, warehouse, workshop, etc. In some cases, a corporation will be deemed to operate a permanent establishment in Ontario. These include cases where:
- The corporation produced, grew, mined, created, manufactured, fabricated, improved, packed, preserved or constructed anything in the province, in whole or in part;
- The corporation carries on business through an employee or agent in the province who has general authority to contract for the corporation; or
- The corporation carries on business through an employee or agent in the province who has a stock of merchandise owned by the corporation from which they regularly fill orders that they receive.
- A corporation will also have a permanent establishment in Ontario if it uses substantial machinery or equipment in the province, or if it is has a permanent establishment elsewhere in Canada and owns land in the province.
For more details about what constitutes a permanent establishment, see the definition of “permanent establishment” in the Corporations Tax Act.
What tires need to be reported to the Authority?
Read our Compliance Bulletin – What Tires Have to be Reported for compliance guidance to producers about the definition of a tire and the requirement to report historical tire supply information under the Tires Regulation.
What information will the Authority make available publicly about a producer’s performance and compliance?
Under the Resource Recovery and Circular Economy Act, the Authority is required to provide an annual report to the Minister that includes information on aggregate producer performance, and a summary of compliance and enforcement activities. Under section 51 of the Act, the Registrar also is required to post every order issued on the Registry.