Submission by CALL2RECYCLE…

Submission by
CALL2RECYCLE CANADA, INC.
On ERO Number 019-4656

A. THE GOVERNMENT’S PROPOSAL
The Ministry of the Environment Conservation and Parks (“MECP”) is proposing regulatory changes to the producer responsibility regulations for tires, batteries and electrical and electronic equipment are intended to ensure that the stewardship framework is achieving its intended results without creating unnecessary burdens for businesses in those sectors.

As the operator of multiple stewardship programs across Canada for primary and rechargeable consumer batteries, Call2Recycle Canada, Inc. (“Call2Recycle”) welcomes the opportunity to comment on some of the proposed changes as described through ERO #019-4656 (the “Proposed Regulations”).

Call2Recycle’s focus in this submission is to comment on those proposed changes which might have an adverse impact on the successful continuation of its current stewardship programs in Ontario.

B. ABOUT CALL2RECYCLE
1. Call2Recycle is an industry funded, not-for-profit federal corporation which has been administering the Call2Recycle stewardship program for the collection and management of various types of household and consumer batteries across Canada since 1998 through the use of thousands of retail and municipal locations that act as collection/drop off sites. The Call2Recycle stewardship program collected and recycled more than 30 million kilos of batteries across Canada since inception.

2. Call2Recycle’s program is the largest battery PRO in Ontario with over 2,000 collection sites and in excess of 4M kilos collected and recycled in 2021 and is the battery recycling PRO for the the majority of the obligated parties in Ontario. Approximately 200 Ontario munipalities are sending batteries to Call2Recycle for recycling.

3. Call2Recycle’s stewardship program relies on several Ontario and Canadian federal approvals for the collection, storage, transportation processing and recycling of household batteries, including the following:
a) Ontario Waste Management System Certificate of Approval #A841566 (“CofA A841566”);
b) Environment and Climate Change Canada PELES permit #EC 21-004; c) Transport Canada ELSP #SU11601; and
d) Transport Canada ELSP #TUJ 0660.

4. Since the start of the stewardship program in 1998, Call2Recycle has agreements with a network of retailers, municipalities and other organizations to accept batteries from the public in proprietary Call2Recycle collection boxes, and when the boxes are filled, to use the services of national courier services to transport collection boxes of batteries from retailers and other collection sites to one or more consolidation facilities across Canada, including third party consolidation facilities located in Hamilton and Port Colborne, Ontario.

5. Call2Recycle is currently registered with RPRA pursuant to s.21 of the current Batteries Regulation and as a ‘producer responsibility organization’ pursuant to s.20 of the Batteries Regulation. Call2Recycle complies with all applicable provisions, including the reporting, auditing and record keeping obligations for ‘battery haulers’ and ‘producer responsibility organizations’ under the Batteries Regulation.

6. Call2Recycle retains the services of licensed waste management facilities to provide sorting and consolidation services for collected batteries, and either recycle the batteries or arrange for transport to licensed recycling facilities in Canada and/or the United States. The consolidation facilities in Ontario have various certificates of approval from the Ministry of the Environment Conservation and Parks (“MECP”) to receive, sort, store and process batteries. All movements of batteries from the licensed consolidation facilities to recycling facilities comply with the manifest requirements under Ontario’s environmental laws.

C. PROPOSED CHANGES TO THE BATTERIES REGULATION
O. Reg. 30/20

1. Section 1 – Definition of “volunteer organization”
The proposed definition refers to “tires” not “batteries” – Call2Recycle assumes that this was a syntax error. Call2Recycle takes no position on the proposed amendment to the definition of the term “volunteer organization”.

2. Section 6
CallRecycle acknowledges that if a stand-alone definition of “volunteer organization” is added to section 1, then section 6 can be revoked.

3. Section 7
Call2Recycle acknowledges that one of the impacts of the new section 7 would be to delete any references to whether or not the producer has the equivalent of five or more full time employees, will simplify the intended exemption from Parts II and IV of the Regulation. Call2Recycle is also of the view that the number of full time employees is not a preferred criteria to determine whether a producer must operate or enter into a contract for the operation of a battery collection system.

4. Section 8
The proposed amendments to this section deal with a “producer responsibility organization” and add a subsection 8(2) and 8(3). The definition of “producer responsibility organization” is set out in section 1 as “a person retained by a producer for the purpose of carrying out one or more of the following producer responsibilities relating to batteries, but does not include a battery processor retained solely for the purposes of processing batteries or a battery refurbisher retained solely for the purposes of refurbishing batteries: 1. Arranging for the establishment or operation of a collection or management system; 2. Establishing or operating a collection or management system; 3. Preparing and submitting reports. As a “producer responsibility organization”, Call2Recycle is concerned that the new subsections 8(2) and 8(3) will potentially make a “producer responsibility organization” liable for obligations for which a producer may refuse to co-operate, such as the preparation and submission or reports.

Call2Recycle submits that there should continue to be a distinction between a “producer” and a “producer responsibility organization” in that the obligations of the “producer responsibility organization” are to comply with Ontario laws that govern the services that the “producer responsibility organization” to provide for the “producer”.
Consequently, Call2Recycle opposes the addition of subsections 8(2) and 8(3) as proposed by the MECP and submits that the current language of section 8 should be retained without the proposed additional subsections.

5. Clauses 11(7)(a) and (b) as well as 11(8)(a) and (b)
Call2Recycle notes that the proposed amendments simply delete all references to a “producer responsibility organization” in the current clauses 11(7)(a), 11(7)(b), 11(8)(a) and 11(8)(b) and that such amendments would not be required if section 8 remains unchanged. Call2Recycle has set out its reasoning for retaining the current language in its comments to section 8 above.

6. Section 12
Call2Recycle notes that some retailers who are registered participants in the Call2Recycle stewardship program might not contact Call2Recyle for a pickup if a battery collection container is not filled, but three months have elapsed. Call2Recycle does not oppose the addition of the proposed subsection 12(2) which requires the management or best efforts management of batteries.

7. Section 14
Call2Recycle does not oppose the striking out of the phrases “or a producer responsibility organization” in the portion before clause (a).

8. Section 18.1
Call2Recycle takes no position on the addition of the proposed section 18.1 regarding information on advertisements and invoices regarding charges for resource recovery or waste reduction.

9. Subsection 19(1), Paragraphs 19(2) 5 and 6, Subsections 19(4), (5) and (6)
Call2Recycle supports the proposed replacement of subsection 19(1) and Paragraphs 19(2) 5 and 6 to remove prior deadlines through to November 2020. Call2Recycle takes no position with the proposed revocation of subsections 19(4), (5) and (6).

10. Section 19.1
Call2Recycle supports the proposed new section 19.1 to give producers who are not brand owners the option of enter into written agreements with a volunteer organization.

11. Subsections 21(1) and (2)
Call2Recycle supports the proposed replacement of subsections 21(1) and 21(2) to remove prior deadlines through to 2020.

12. Sections 22 and 23
Call2Recycle supports the proposed revocation of sections 22 and 23 which set out various registration and reporting obligations for producers through to the end of April 2021.

13. Subsection 24(1), (2) and (3)
Call2Recycle supports the proposed amendment to subsection 24(1) to remove references to April 30, 2022 and simply refer to a deadline of one or before April 30 in each year.

14. Section 24.1
Call2Recycle supports the proposed subsection 24.1(1) to provide a producer with the option of entering into a written agreement with a third party, such as a volunteer organization, to submit a report under Part VII of the Regulation, however Call2Recycle opposes the proposed subsection 24.1(2) which requires a third party, such as a volunteer organization to submit the report 15 days before the deadline that the producer would otherwise have been required to meet. Given the

15. Section 25
Call2Recycle supports the proposed amendment to section 25 to remove references to April 30, 2022 and simply refer to a deadline of one or before April 30 in each year.

16. Section 26
Call2Recycle supports the proposed amendment to section 26 to remove references to April 30, 2022 and simply refer to a deadline of one or before April 30 in each year.

17. Subsection 27(1)
Call2Recycle supports the proposed amendment to subsection 27(1) to remove references to April 30, 2022 and simply refer to a deadline of one or before April 30 in each year.

18. Section 28
Call2Recycle supports the proposed amendment to section 28 to remove references to April 30, 2022 and simply refer to a deadline of one or before April 30 in each year.

19. Section 32
Call2Recycle supports the proposed replacement of section 32 with language that clarifies that the Authority (RPRA) will not post information or data that is classified as “commercially sensitive information” or “confidential information”.

20. Subsections 33(1) and (2)
Call2Recycle opposes the coming into force of any of the above noted amendments on the day in which the regulation is filed. Call2Recycle further submits that there should be a minimum of four months prior notice of any regulatory amendments and that such amendments should not come into force until January 1, 2023 or thereafter.

D. CONCLUSIONS

1. In light of Call2Recycle’s successful operation and growth of its battery stewardship program in Ontario and across Canada for more than 2 decades, Call2Recycle submits that a stable and reasonable regulatory framework for the management of waste batteries is in the best interest of all stakeholders, and that any necessary regulatory changes should be clearly communicated well in advance of the effective date.

2. CALL2RECYCLE remains at all times willing to work with RPRA, MECP and other stakeholders to improve the battery stewardship programs.