Posted on October 19, 2021 by Michelle Hoover -
There have been some key changes to the producer hierarchies in the HSP Regulation. This may affect what a producer is obligated for and should be considered if using data previously reported.
Hierarchy change for producers in all categories:
- Brand holders that are resident in Canada are obligated (previously was resident in Ontario)
Hierarchy change for producers of oil filters, oil containers, antifreeze, pesticides, non-refillable pressurized containers, refillable pressurized containers, solvents, paints or coatings:
- Producer hierarchy’s introduction of marketers with or without residency in Ontario
See our FAQ to understand “Am I an HSP Producer?”
Posted on October 19, 2021 by Michelle Hoover -
Producers of every type of HSP are required to keep records for a period of five years from the date of the record being created.
Producers must keep records that relate to the following:
- arranging for the establishment or operation of a collection or management system
- establishing or operating a collection or management system
- information required to be submitted to the Authority through the Registry
- implementing a promotion and education program
- weight of each type of HSP within each applicable category of HSP supplied to consumers in Ontario, regardless of whether information about the weight was required to be submitted to the Authority
- any agreements that relate to the above records
Posted on October 19, 2021 by Michelle Hoover -
Beginning October 1, 2021, producers or PROs acting on their behalf, of mercury-containing devices are required to establish and operate a promotion and education program that:
- Promotes their collection and management services with respect to the type of HSP they are obligated for
- Provides the following information on a website with respect to that type of HSP:
- the presence of mercury in that type of HSP
- how to distinguish that type of HSP from similar products that do not contain mercury
- the hazards to human health and the environment related to mercury
- how consumers can properly dispose of that type of HSP
- a description of the collection services provided by the producer under this Regulation for that type of HSP
- a description of how the producer manages that type of HSP after it is collected under this Regulation
- Creates promotional and educational materials with respect to that type of HSP that include the following:
- the address of the website
- a description of how that type of HSP is collected and managed
- The producer shall make the promotional and educational materials available to retailers that supply that type of HSP or similar products that do not contain mercury, municipal governments, and Indigenous communities, and shall solicit and consider feedback from those retailers, municipal governments and Indigenous communities on how the promotional and educational materials can be improved
Posted on October 19, 2021 by Michelle Hoover -
There are no promotion or education requirements for producers of refillable propane containers.
Posted on October 19, 2021 by Michelle Hoover -
There are no promotion or education requirements for producers of refillable pressurized containers.
Posted on October 19, 2021 by Michelle Hoover -
Beginning October 1, 2021, producers are obligated to:
- establish and operate a promotion and education program starting in 2022
- provide information on their website about how consumers can use, share and properly dispose of fertilizer with local requirements
- create promotional and education materials that include:
- The website URL
- A description of how consumers can use, share and properly dispose of fertilizer
- solicit, consider feedback from, and make the promotional and education materials available to:
- Indigenous communities
- Municipal governments
- Retailers that supply fertilizers
- provide information to municipalities on innovative end-use options for fertilizers as an alternative to disposal
Posted on October 19, 2021 by Michelle Hoover -
Beginning October 1, 2021, producers, or PROs acting on their behalf, of oil containers, antifreeze, pesticides, solvents, paints and coatings are required to establish and operate a promotion and education program including the following:
- Promote their collection and management services with respect to the type of HSP they are obligated for
- Provide the following information on a website with respect to that type of HSP:
- the location of each HSP collection site established or operated by the producer that is accessible to the public and the types of HSP accepted at each site
- the location and date of each HSP collection event held by the producer and the types of HSP accepted at each event
- a description of the collection services provided by the producer, other than HSP collection sites and HSP collection events
- a description of how the producer manages that type of HSP after it is collected
- Create promotional and educational materials with respect to that type of HSP that include the following:
- the address of the website
- a description of how that type of HSP is collected and managed
- The producer shall make the promotional and educational materials available to retailers that supply that type of HSP, municipal governments and Indigenous communities, and shall solicit and consider feedback on how the promotional and educational materials can be improved
- The producer shall promote each HSP collection event for that type of HSP in the local municipality or territorial district where it will be held for at least one week prior to the date of the event using a combination of two or more forms of media, including but not limited to:
- local print publications
- local print media
- local radio
- local signage or social media
Posted on October 19, 2021 by Michelle Hoover -
Beginning October 1, 2021, producers of oil filters and non-refillable pressurized containers, or PROs acting on their behalf, are required to establish and operate a promotion and education program including the following:
- promote their collection and management services with respect to the type of HSP they are obligated for
- provide the following information on a website with respect to that type of HSP:
- the location of each HSP collection site established or operated by the producer that is accessible to the public and the types of HSP accepted at each site
- the location and date of each HSP collection event held by the producer and the types of HSP accepted at each event
- a description of the collection services provided by the producer, other than HSP collection sites and HSP collection events
- a description of how the producer manages that type of HSP after it is collected
- create promotional and educational materials with respect to that type of HSP that include the following:
- the website URL
- a description of how that type of HSP is collected and managed
- the producer shall make the promotional and educational materials available to retailers that supply that type of HSP, municipal governments and Indigenous communities, and shall solicit and consider feedback on how the promotional and educational materials can be improved
- the producer shall promote each HSP collection event for that type of HSP in the local municipality or territorial district where it will be held for at least one week prior to the date of the event using a combination of two or more forms of media, including but not limited to:
- local print publications
- local print media
- local radio
- local signage or social media
Posted on October 19, 2021 by Michelle Hoover -
Producers of refillable propane containers have no management requirements.
Posted on October 19, 2021 by Michelle Hoover -
Producers of fertilizers have no management requirements.
Posted on October 19, 2021 by Michelle Hoover -
Producers shall ensure that, no later than three months after the day the material is collected, the HSP is processed by an HSP processor who is registered with RPRA.
On and after January 1, 2023, producers or PROs on behalf of producers shall ensure that the HSP is processed by an HSP processor at a facility in respect of which the HSP processor reported an average recycling efficiency rate for that type of HSP that is at least the percentage set out in the table below.
| Type of HSP | Average Recycling Efficiency Rate (RER) |
| Barometers, Thermometers and Thermostats | 90% |
Posted on October 19, 2021 by Michelle Hoover -
As of October 1, 2021, producers, or PROs acting on their behalf, are required to establish and operate a system for managing HSP by satisfying their management requirements as follows:
- All oil containers, antifreeze, refillable pressurized containers, solvents, paints and coatings picked up from a collection site must be processed within three months from the date of the pickup
- Producers of pesticides must ensure that pesticides are properly disposed of at an HSP disposal facility registered with the Authority no later than three months after the day the pesticides are collected
- Producers must ensure that materials are processed by an HSP processor registered with the Authority. On and after January 1, 2023, producers or PROs on behalf of producers shall ensure that the HSP is processed by an HSP processor at a facility in respect of which the HSP processor reported an average recycling efficiency rate for that type of HSP that is at least the percentage set out in the table below
| Type of HSP | Average Recycling Efficiency Rate (RER) |
| Antifreeze | 90% |
| Oil Containers | 95% |
| Paints and Coatings | 75% |
| Refillable Pressurized Containers | 95% |
| Solvents | 10% |
Posted on October 19, 2021 by Michelle Hoover -
As of October 1, 2021, producers, or PROs acting on their behalf, are required to establish and operate a management system and must:
- process all oil filters and non-refillable pressurized containers picked up from a collection site within three months from the date of the pickup
- ensure that materials are processed by an HSP processor registered with the Authority that has achieved the minimum recycling efficiency rate (RER)
Beginning January 1, 2022, producers are required to recover an amount of material based on their average supply into Ontario and report on it starting in 2023. For the purposes of accounting for a weight of recovered resources from oil filters and/or non-refillable pressurized containers with respect to 2022, a producer may count the weight of recovered resources from that type of HSP from October 1, 2021 to December 31, 2022.
