Topic: Producer

As an HSP producer of mercury-containing barometers, thermometers or thermostats, what are my collection requirements?

As of October 1, 2021, producers of mercury-containing barometers, thermometers and thermostats must provide a call-in service number for communities to call to request a pickup if requested by the following representatives:

  • a council of the band
  • a municipality not located in the Far North
  • a territorial district that is not located in the Far North
  • a depot owned or operated by the Crown not in the Far North

Producers shall make reasonable efforts to collect the HSP within one year of being notified by a representative of a council of the band located on a reserve in the Far North.

As an HSP producer of refillable propane containers, what are my collection requirements?

As of October 1, 2021, producers of refillable propane containers must establish and operate a call-in collection number for the following representatives to request a pickup:

  • a council of the band
  • a municipality that is not located in the Far North
  • a reserve in the Far North
  • a territorial district that is not located in the Far North
  • a depot where refillable propane containers are collected, that is owned or operated by the Crown in right of Ontario and that is not located in the Far North

As an HSP producer of oil filters, oil containers, antifreeze, pesticides, non-refillable pressurized containers, refillable pressurized containers, solvents, paints or coatings, what are my collection requirements?

From October 1, 2021, to December 31, 2022, producers are required to establish the following:

  • Collection sites – maintain at least the same number of sites that producers had at the end of the MHSW Program
  • Collection events – make best efforts to hold the same number of events in each community as in 2020
  • Call-in Service (only applicable to large producers) – provide a phone number for communities to call to request a pickup (of 100 kg or more) if requested by a council of the band, a municipality or a territorial district not located in the Far North, a depot owned or operated by the Crown not in the Far North.

Large producers shall make reasonable efforts to collect the HSP within one year of being notified by a representative of a council of the band located on a reserve in the Far North.

See our FAQ to understand “Am I a small, large or exempt HSP producer?

How will the Authority determine a producer is using ‘best efforts’?

In determining whether an obligated producer used best efforts to meet their management requirements, the Compliance Team will consider whether the producer, acting in good faith, took all reasonable steps to meet the requirements outlined in the applicable regulation.

For example, best efforts in the context of management requirements may involve a producer regularly monitoring the volume of material being collected and managed, and implementing plans for increasing those volumes if the requirements are unlikely to be met.

Producers can contact the Compliance Team to ask specific questions about fulfilling their obligations.

Am I a small, large or exempt HSP producer?

Producers can reference the following chart to determine if they are a small, large or exempt HSP producer. To calculate your average weight of supply to confirm that you are an exempt producer, reference the Registration Form.

Producer categories use the average weight of material (in tonnes) supplied in Ontario in the previous calendar year.

How do I manage contacts on my Registry account?

Account Admins must add any new, or manage existing, Primary Contacts under the program they wish to give them access to in order for the Primary Contact to be able to submit a report (e.g., permissions to view and complete reports).

To Manage contacts on your Registry account, please see the following steps:

  1. Log into your account
  2. Once you are logged in, click on the drop-down arrow in the top right corner and select Manage Users
  3. Under Actions, click Manage to update preferences of existing users
  4. Click Add New User to add an additional contact to your account
  5. To give reporting access to a Primary Contact, select the program from the drop-down that you would like to grant them access to

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.

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

What producer exemptions are under the HSP Regulation?

If a producer is exempt in accordance with the chart below, the producer is exempt from the following requirements:

  1. Registration with RPRA
  2. Requirements related to setting up or operating a collection system
  3. Management requirements
  4. Promotion and education requirements

Producer categories use the average weight of material (in tonnes) supplied in Ontario in the three previous calendar years. If you have questions on how to calculate your average weight of supply, contact the Registry Support Team at registry@rpra.ca.

What deductions are available to producers under the Blue Box Regulation?

There are only two allowable deductions for Blue Box materials. There are for materials that are:

  • collected from an eligible source at the time a related product was installed or delivered (e.g., packaging that is removed from the house by a technician installing a new appliance). This is the “installation deduction”.
  • deposited into a receptacle at a location that is collected from a business or institution where Blue Box collection services are not provided under the regulation. This is the “ineligible source deduction” that was expanded by the regulation amendment in July 2023.

Ineligible source deductions:

Blue Box Producers may deduct materials that are collected from a business or institution where producers are not required to provide Blue Box collection services. Examples include offices, stores and shopping malls, restaurants, community centres, recreation facilities, sports and entertainment venues, universities and colleges, and manufacturing facilities.

Producers cannot deduct the following materials collected through the collection systems established under the Blue Box Regulation:

  • Material that is generated at a facility (including multi-residential buildings, retirement homes, long-term care homes and schools).
  • Material that is collected from a residence through a curbside or depot collection service.
  • Material that is collected from a public space (including an outdoor area in a park, playground or sidewalk, or a public transit station).
  • Material collected under an alternative or supplemental collection system.
  • Beverage containers cannot be deducted.

Materials that are deducted cannot count toward a producer’s management requirement.

Please see the Reporting Guidance Ineligible Source Deductions for the 2024 Blue Box Supply Report for more information on how to determine and use these deductions.