Topic: Reporting to RPRA

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

 

How do I register and report if I am a newspaper producer?

For the purpose of reporting annual supply data under the Blue Box Regulation, the weight of newspaper must be reported in the appropriate material categories. For example, newsprint must be reported in the ‘paper’ category, while any protective plastic wrapping must be reported as ‘flexible plastic’.

Then, producers will be asked to indicate what percentage of their total Blue Box material supply was newspaper, including any protective wrapping and supplemental advertisements and inserts, in that calendar year.

See our FAQs: “What is a newspaper?” and “Who is a newspaper producer?”

Are foam insulating containers included under the HSP Regulation?

While foam insulating containers were included under the MHSW Program, the HSP Regulation defines a non-refillable pressurized container as a pressurized container that is used for the supply of a gas product.

Foam insulation containers are used to supply an insulating foam, which is not a ‘gas product,’ and therefore they do not meet the definition of a non-refillable pressurized container under the HSP Regulation.

What is an aerosol container?

RPRA considers an aerosol container to be a non-refillable receptacle that contains a product and a propellant under pressure, and that is fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, or as a foam, paste, powder, liquid, or gas.

What do I do if I misreported my supply data?

If a producer misreports their supply data to RPRA, they must contact the Compliance Team immediately by emailing registry@rpra.ca. Please include the following information in the email:

  • The rationale for the change in the data
  • Any data that supports the need for a correction (e.g., sales documents, audit)
  • Any other information to support the change

While it is an offence to submit false or misleading information under the RRCEA, RPRA wants this corrected as quickly as possible to ensure a producer’s minimum management requirement is calculated using accurate supply data.

RPRA can only receive these requests from the primary contact on the company’s Registry account. Your request for an adjustment will be reviewed by a Compliance and Registry Officer.

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.

I already reported my 2020 supply data to Stewardship Ontario through the WeRecycle Portal. Do I have to report again to the Authority?

Yes. You are required to submit 2018, 2019 and 2020 supply data when registering with the Authority if you are a producer of oil filters, oil filters, oil containers, antifreeze, pesticides, solvents, paints and coatings, refillable or non-refillable pressurized containers and:

  • supplied materials between January 1, 2018, and October 31, 2021, and
  • your average weight of supply is above the threshold stated in the below table
Type of HSPAverage weight of supply in respect of the previous calendar year (tonnes)
Oil Filters3.5
Antifreeze20
Oil Containers2
Paints and Coatings10
Pesticides1
Non-refillable Pressurized Containers3
Refillable Pressurized Containers8
Solvents3

Otherwise, a producer must register on or before July 31 of the first calendar year in which the producer exceeds the above threshold. To calculate your average weight of supply, reference the Registration Form.

Can a food court restaurant deduct Blue Box materials that are disposed of in its mall recycling receptacles?

Under the Blue Box Regulation, allowable deductions for producers include Blue Box materials that are deposited into a receptacle at a location that is not an eligible source and where the product related to the Blue Box material was supplied and used or consumed.

This applies to food court restaurants located in a mall or in the base of an office tower. Blue Box materials that were disposed of in the buildings’ recycling receptacles and were supplied and used or consumed within that physical building are an allowable deduction. Blue Box materials that were disposed of in the buildings’ recycling receptacles but were not supplied and used or consumed within that physical building are not deductible.

This does not reduce the obligation of a producer to provide complete and accurate supply data or limit the ability of an Authority inspector to review the data and related records for the purpose of determining compliance.

As an HSP producer, what are my requirements under the HSP regulation?

As an obligated HSP producer, you are required to:

  • register and report annual supply and performance data of obligated materials
  • meet mandatory and enforceable requirements for collection and management
  • meet mandatory and enforceable requirements for promotion and education
  • meet mandatory and enforceable requirements for auditing, verification, and record keeping

These requirements vary based on material type and amount of material the producer supplies.

Are there 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.