The brand holder is the obligated producer.
A marketplace facilitator only becomes obligated for products supplied through its marketplace where the producer would have been a retailer. If the producer is a brand holder or an importer, they remain the obligated producer even when products are distributed by a marketplace facilitator.
A retailer is a business that supplies products to consumers, whether online or at a physical location.
No, products or packaging designated as Hazardous and Special Products (HSP) are not obligated under the Blue Box Regulation. For example, primary packaging for paints and coatings are HSP and therefore not obligated as Blue Box materials.
Some packaging for HSP products may still be obligated. For example, the packaging that contains an oil filter is obligated as Blue Box materials.
Consult the HSP Regulation or the Compliance and Registry Team for further information.
No, transport packaging is only obligated when supplied to a consumer in Ontario. Any transport packaging removed by a retailer or other entity before the product is supplied to a consumer is not obligated under this regulation.
See our FAQs to understand “What are paper products?” and “What are packaging-like products?”.
For paper products and packaging-like products, a person is considered a producer:
See our FAQ to understand “What is blue box product packaging?”.
Product packaging added to a product can be added at any stage of the production, distribution and supply of the product. A person adds packaging to a product if they:
For the portion of the product packaging that a brand holder added to the product, a person is considered a producer:
For the portion of the product packaging that an importer of the product into Ontario added to the product, a person is considered a producer:
For any portion of the packaging that is not described above, the producer is the retailer who supplied the product to consumers in Ontario.
No. The list of products obligated under the EEE Regulation is different from the list of products included in the OES Program. The OES Program required producers to report the number of units they supplied, while the EEE Regulation requires producers to report the total weight of products.
To help producers calculate the weight of their products, we have included weight conversion factors in our Verification and Audit procedure, which is included as a weight conversion tool on the registration form. Once a producer determines the units of products on which they are obligated to report, they can enter the units into the conversion tool to get a calculated weight to report to the Authority.
For more information, see the Determining Supply Data section of the Registry Procedure: EEE Verification and Audit.
Yes. If you are a producer with retailers or distributors supplying your obligated EEE into Ontario, you can email us at registry@rpra.ca to discuss options on how to report your supply data. There are several options available, including an easy-to-use sales formula and weight conversion factors. See the EEE Verification and Audit procedure for more information.
One option is to have your supply data reported by each of your retailers or distributors on a piecemeal basis. The piecemeal option requires that extra steps be undertaken by you and the Authority. You must contact the Authority in advance if you wish to pursue this option.
Note that even if you have a retailer or distributor providing data on your behalf, it remains the producer’s obligation to ensure that all the required data gets reported and that it is reported accurately to the Authority in accordance with the EEE Regulation. The entry of inaccurate information by someone on your behalf is not a defense to non-compliance.
As shown in the table below, verification of the ITT/AV supply data reported in 2020 and 2021 is not required. Verification of supply data for ITT/AV will be required starting in 2022 for products supplied in 2020. All subsequent years of supply data are required to be verified when the data is reported.
For more information on the required verification and audit of data, view the Registry Procedure: EEE Verification and Audit.
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.
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.
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.
You may be required to provide a verification report for the annual tire supply report. You will be required to provide verification if you meet the definition of a medium or large producer. Small producers will not be required to submit a verification report, however a percentage of small producers selected annually by the Registrar will be subject to an inspection. If exceptions are identified during the inspection, a comprehensive review may be carried out. For more information on this, read Tires Registry Procedure – Audit.
