Regulatory amendment to Ontario Regulation 344 (Disposable containers for milk)

Description of regulation

In Ontario, the packaging of fluid milk is regulated under R.R.O. 1990, Regulation 344 (Disposable Containers for Milk), which has been in effect for decades and predates the establishment of the Blue Box program across the Province. Under this Regulation, milk containers require a deposit to be charged unless they are refillable glass containers, plastic film pouches, laminated containers (not greater than 1 litre), coated paper containers, or any disposable container with a capacity less than 1 pint. The Regulation does not permit the use of different packaging material (e.g. PET or HDPE milk containers) with a capacity greater than 1 pint unless a deposit is charged under an agreement between the dairy manufacturer and the Minister of the Environment and Climate Change.

The Ministry of the Environment and Climate Change (the ministry) is proposing to amend Regulation 344 to provide two options for milk producers to use containers that are collected through

1. a deposit return program, or
2. the current Blue Box program or a recycling program that services over 90% of Ontario households.

The proposed amendment would not impact the existing deposit return programs for milk containers if producers choose to continue with those programs. The proposed amendment is consistent with Ontario’s movement towards full producer responsibility without compromising environmental outcomes. The proposed amendment aligns with the Waste-Free Ontario Strategy.

In addition, the proposed amendment would create a level playing field for the milk industry to compete with milk alternatives (almond/soy beverage containers) that are not subject to the Regulation. The proposed amendment provides the same options for new materials and innovative packaging that may enter into the marketplace in the future and supports the government’s burden reduction initiative.

It is estimated that the proposed amendment would moderately reduce both the direct compliance cost and the incremental administrative cost to businesses.

Purpose of regulation

The proposed amendment would provide options for milk producers to use containers that are widely accepted in recycling programs or are covered by a deposit return program. The proposed amendment is intended to provide flexibility to milk producers without compromising environmental outcomes. The amendment is consistent with Ontario’s movement towards full producer responsibility. Amending Regulation 344 also supports the government’s burden reduction initiative.

Public consultation

This proposal was posted for a 45 day public review and comment period starting January 10, 2018. Comments were to be received by February 24, 2018.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.