Updates to RPRA Registry Procedures for Batteries, Electrical and Electronic Equipment, and Tires

The Resource Productivity and Recovery Authority has updated three registry procedures that are incorporated by reference under Ontario’s producer responsibility regulations for batteries, electrical and electronic equipment (EEE), and tires since they were originally posted on the Environmental Registry of Ontario. These updates are administrative in nature and will provide further details to support producers in meeting audit and verification requirements.

Overview of the updates to the registry procedures

The procedures that have been updated, and the regulations that they fall under, are:

1. Batteries Verification and Audit Procedure (Note: Title in regulation is Verification and Audit Procedure) – Batteries (O. Reg. 30/20)
2. EEE Verification and Audit Procedure – Electrical and Electronic Equipment (O. Reg. 522/20)
3. Tire Audit Procedure (Note: Title in regulation is Registry Procedure – Audit) – Tires (O. Reg. 225/18)

The procedures specify verification and audit requirements for information reported by regulated parties (e.g., producers, producer responsibility organizations, processors) under the regulations.

Since the procedures were first developed alongside the original regulations, RPRA has made administrative updates as implementation has progressed.

The updates are administrative in nature and were made to:

• support a level-playing field by ensuring producers are held to the same audit and verification standards
• minimize free riders as RPRA can verify accurate supply data and associated fair share of the system costs
• provide additional detail to producers, producer responsibility organizations, and processors to support compliance by responsible parties
• support data quality and accuracy by ensuring reporting is done consistently across regulations
• support RPRA in achieving effective and efficient oversight, compliance and enforcement in Ontario’s resource recovery and waste reduction system

About Registry Procedures

Regulations made under the RRCEA incorporate, by reference registry procedures written by the Authority. These registry procedures form part of the regulations. If a person does not comply with them, the Authority can take compliance and enforcement actions.

Section 103(5) of the RRCEA requires that any amendments to these registry procedures must be posted on the Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993 in order to take effect.

RPRAheld consultations on all updated procedures. For more information about RPRA’s consultations visit their website at Registry Resources - RPRA.

Details of the updates to the registry procedures

1. Batteries Verification and Audit RPRA Registry Procedure

   The purpose of the procedure is to establish how:

   • producers will determine battery supply data, verify battery supply data, and verify the weight of post-consumer recycled content of batteries
   • battery processors will calculate and verify the Recycling Efficiency Rate (RER) of their processing facilities
   • producers, or producer responsibility organizations (PROs) on their behalf, will conduct third-party audits verifying the resources recovered from the management of batteries used and collected in Ontario
    

   The procedure also provides guidance to batteries and information technology, telecommunications, audio-visual equipment (ITT/AV) producers and the qualified person who will be verifying their data to ensure consistent data reporting.

   The following key updates were made to the procedure:

   • added weight conversion factor tables for rechargeable batteries
   • added a batteries and information technology, telecommunications, audio-visual equipment (ITT/AV) Supply Data Verification Procedure which outlines:
     • thresholds to define large and small battery and ITT/AV producer categories,
     • the requirements for a Qualified Person
     • the process to verify annual supply weight before management reduction
     • if applicable, the process to verify the weight of eligible management reductions



2. Electrical and Electronic Equipment (EEE) Verification and Audit RPRA Registry Procedure

   The purpose of the procedures is to establish how:

   • producers will determine EEE supply data; verify EEE supply data; and verify the weight of reductions to their management requirements
   • EEE processors will calculate and verify the Recycling Efficiency Rate (RER) of their processing facilities
   • producers, or producer responsibility organizations (PROs) on their behalf, will conduct third-party audits verifying the resources recovered from the management of EEE used and collected in Ontario
    

   The procedure also provides guidance to producers and the qualified person who will be verifying their data to ensure consistent data reporting.

   The following key updates were made to the procedure:

   • added a Batteries and ITT/AV Supply Data Verification Procedure that outlines:
     • thresholds to define large and small battery and ITT/AV producer categories
     • the requirements for a Qualified Person
     • the process to verify annual supply weight before management reduction
     • if applicable, the process to verify the weight of eligible management reductions
   • added a Lighting Supply Data Verification Procedure incorporated as Appendix C of the EEE Verification and Audit Procedure that establishes how producers:
     • determine EEE supply data
     • verify EEE supply data
     • verify the weight of reductions to their management requirements



3. Tire Audit RPRA Registry Procedure

   • The purpose of the procedure is to establish requirements on how a producer verifies:
     • the number and calculated weight of tires supplied, or provided on a new vehicle supplied by a producer, for an applicable year
     • the practices and procedures that a producer has implemented to comply with its responsibilities related to the management of tires collected in an applicable year
   • It also provides guidance to producers and the qualified person who will be verifying their data to ensure consistent data reporting.
    

   The following key updates were made to the procedure:

   • replaced the Audit Procedure section with a Supply Verification Procedure section to reflect the amendment of the Tires Regulation to remove audit requirements for supply data reporting
   • updated the Performance Audit Procedure section to reflect the change of frequency to the submission of performance audit reports from annually to once every three years
   • added an additional option for calculating Ontario supply data that uses a formula and national tire sales data - this approach is included in the supply audit verification procedures for other materials

About the Resource Productivity and Recovery Authority

The Resource Productivity and Recovery Authority (RPRA) is a non-Crown and not-for-profit corporation established under the Resource Recovery and Circular Economy Act, 2016 (RRCEA).

Under the RRCEA, RPRA provides oversight and is responsible for:

• developing and operating a registry for producers responsible for materials under the RRCEA
• undertaking compliance actions to enforce the requirements set out in the RRCEA and associated regulations

RPRA is also responsible for oversight, compliance, and enforcement of existing waste diversion programs and their transition to producer responsibility pursuant to Section 14 of the Waste Diversion Transition Act, 2016 (WDTA).

About RPRA’s Registry

Under section 50 (1) of the RRCEA, RPRA is responsible for operating a public registry to receive and share data with the public.

The Registry ensures the confidentiality of data reported from individual regulated parties; publicly-reported results are aggregated.

The Registry is essential for the collection and analysis of data to enable an effective compliance and enforcement and to provide transparency in how recycling targets are met.