Updates to RPRA's Registry Procedure for Hazardous and Special Products (HSP)

The Resource Productivity and Recovery Authority (RPRA) has updated the Hazardous and Special Products (HSP) verification and audit registry procedure that was incorporated by reference under Ontario’s producer responsibility regulation for Hazardous and Special Products since they were originally posted on the Environmental Registry of Ontario. This update is 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 Hazardous and Special Products Verification and Audit Procedure (Note: Title in regulation is Verification and Audit Procedure) falls under the Hazardous and Special Products Regulation (O. Reg. 449/21).

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

Since the procedure was first developed alongside the original regulation in 2021, 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 RPRA. 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 the registry procedure must be posted on the Ontario Gazette or on the registry under the Environmental Bill of Rights, 1993 in order to take effect.

RPRA held consultations on the updated procedure. For more information about RPRA’s HSP consultations visit their website at HSP Consultation - RPRA.

Details of the updates to the registry procedures

Hazardous and Special Products Verification and Audit RPRA Registry Procedure

The purpose of the procedure is to establish how:

• producers will determine supply data and verify HSP supply data
• HSP 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 HSP 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 procedure was updated to include a reference to a detailed HSP Supply Data Verification Procedure. The purpose of the detailed Verification Procedure is to provide sufficient guidance to producers and the person who will be verifying their data to ensure consistent reporting. It details:

• the requirements for a Verifier;
• the reporting requirements for HSP supply data; and
• the process to prepare a verification report for HSP supply data.

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 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.

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.