Proposed Regulation to exempt containers under the Deposit Return Program from Waste Diversion Ontario’s Blue Box Program Plan

ERO number
010-0887
Notice type
Regulation
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
July 19, 2007 - August 18, 2007 (30 days) Closed
Last updated

This consultation was open from:
July 19, 2007
to August 18, 2007

Decision summary

In an ongoing effort to modernize the Environmental Registry the Ministry has identified this as an outdated notice which is no longer pertinent or active. The Ontario government has instead revised how blue box materials are dealt with in the Blue Box Regulation that makes producers responsible for their products at end of life.

Decision details

This decision notice has been posted to advise the public that the government is no longer considering the proposal to exempt containers under the Deposit Return Program from the Blue Box Program Plan since the new Blue Box Regulation exempts these containers managed under the deposit return program. The current Blue Box funding program is also winding up on December 31, 2025.

Transitioning to a new producer responsibility framework

The government committed to transitioning Ontario’s existing waste diversion programs from the Waste Diversion Transition Act, 2016 (WDTA) to the producer responsibility model under the Resource Recovery and Circular Economy Act, 2016.

In keeping with the government's commitments, the Minister of the Environment, Conservation and Parks (the Minister) has directed that Ontario’s mandated waste diversion programs (including in relation to the current Blue Box program) transition to the new producer responsibility framework. The Ontario government has a Blue Box Regulation under the Resource Recovery and Circular Economy Act, 2016 that makes producers fully responsible for managing their products at end of life.

Blue Box Regulation

Under the Blue Box Regulation, we make producers of blue box materials fully responsible for managing their products by:

  • transitioning existing municipal, unorganized territories and First Nation blue box services to producer responsibility between 2023 and 2025
  • making producers responsible for a consistent set of blue box materials and eligible sources beginning in 2026

The Blue Box Regulation puts in place a new framework that:

  • makes individual producers responsible for the collection and end-of-life management of the blue box materials they supply to consumers in Ontario
  • gives producers control over how they provide blue box collection services to residents, manage collected blue box wastes, and achieve compliance with diversion targets

The Resource Productivity and Recovery Authority (“the Authority”), a non-Crown and not-for-profit corporation, is responsible for oversight, compliance and enforcement of the regulation.

Comments received

Through the registry

2

By email

0

By mail

1
View comments submitted through the registry

Effects of consultation

Comments were received however the government is no longer considering this proposal.  The ministry considered the comments while developing the new Blue Box Regulation.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Waste Management Policy Branch
Address

135 St. Clair Avenue West
Toronto, ON
M4V 1P5
Canada

Office phone number

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Contact

John Fox

Phone number
Office
Resource Recovery Policy Branch
Address

40 St. Clair Avenue West
8th floor
Toronto, ON
M4V 1M2
Canada

Office phone number

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Original proposal

ERO number
010-0887
Notice type
Regulation
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

July 19, 2007 - August 18, 2007 (30 days)

Proposal details

Description of regulation

The Minister’s regulation is intended to exempt specified stewards of containers that are under the Ontario Deposit Return Program from their obligations, as set out in the rules in the Blue Box Program Plan, for only those containers that are placed under deposit return starting February 5, 2007. These specified stewards include the Liquor Control Board of Ontario (LCBO) and any manufacturer that sells spirits, beer or wine.

This alternative collection method for beverage alcohol containers will free up space in Blue Boxes, giving municipal governments the opportunity to expand recycling programs. Consequently, Waste Diversion Ontario has deducted the tonnage and costs associated with managing LCBO’s containers through the Blue Box system from the 2007 steward fees.

The government anticipates that there will be a period of transition as consumers become accustomed to the deposit return program, and therefore costs to municipalities who continue to manage the Blue Box. To address these costs LCBO will continue to contribute $5 million for each of the next two years to help offset the costs of recycling beverage alcohol containers that continue to end up in the Blue Box.

In the remaining years residual beverage alcohol containers that make their way into the blue box system will be identified through Waste Diversion Ontario audits and further action will be considered if required.

This proposed regulation is to be made under the Waste Diversion Act, 2002, amending O. Reg. 273/02 (Blue Box Waste).

Background

On February 5, 2007, Ontario consumers began paying a refundable deposit on all wine and spirit containers purchased in Ontario at the LCBO, agency stores and retail distillery stores, with the deposit refunded when consumers returned the empty containers to Brewers Retail Inc. for a full refund.

A deposit applies to all wine and spirit containers above 100 ml, including glass and plastic bottles, tetra paks, bag-in-a-box, and aluminum cans.

The Deposit Return Program will reduce waste going to landfills, increase recycling of wine and spirit containers, and lower municipal recycling costs.

The Deposit Return Program complements the Blue Box program by increasing the number of containers that are recycled.

Purpose of regulation

The Ministry of the Environment is proposing an amendment to an existing Minister’s Regulation that will exempt containers under the Deposit Return Program from Waste Diversion Ontario’s Blue Box Program Plan. Affected stewards would no longer be obligated as stewards for those containers.

Other information:

Section 42 of the Waste Diversion Act, 2002, sets out the power of the Minister to make regulations and provides the Minister with the appropriate authority to make this amendment.

Ontario Regulation 273/02 (Blue Box Waste), under the Waste Diversion Act, 2002, prescribes specific waste as blue box waste and designates Stewardship Ontario as the industry funding organization for a waste diversion program for this waste under the Waste Diversion Act, 2002.

Section 30 of the Waste Diversion Act, 2002, authorizes an industry funding organization, designated by the regulations as the industry funding organization for a waste diversion program, to make rules, including rules designating stewards in respect of the designated waste, and rules setting fees to be paid by stewards.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Waste Management Policy Branch
Address

135 St. Clair Avenue West
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from July 19, 2007
to August 18, 2007

Connect with us

Contact

John Fox

Phone number
Office
Resource Recovery Policy Branch
Address

40 St. Clair Avenue West
8th floor
Toronto, ON
M4V 1M2
Canada

Office phone number