Amendments to four producer responsibility regulations for tires, batteries, electrical and electronic equipment, and hazardous and special products

ERO number
019-8866
Notice type
Regulation
Act
Resource Recovery and Circular Economy Act, 2016
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
September 5, 2024 - October 20, 2024 (45 days) Closed
Last updated

This consultation was open from:
September 5, 2024
to October 20, 2024

Decision summary

We have amended four producer responsibility regulations made under the Resource Recovery and Circular Economy Act, 2016. These changes increase flexibility, reduce burden and simplify requirements for producers.

Decision details

Ontario is reducing red tape for the tire, battery, electrical and electronic equipment, and hazardous and special products industries while ensuring that the environment and consumers are protected.

We have amended the following producer responsibility regulations under the Resource Recovery and Circular Economy Act, 2016 (RRCEA):

  • the Tires Regulation (O. Reg. 225/18)
  • the Batteries Regulation (O. Reg. 30/20)
  • the Electrical and Electronic Equipment (EEE) Regulation (O. Reg. 522/20)
  • the Hazardous and Special Products (HSP) Regulation (O. Reg. 449/21)

Consequential amendments were also made to the Administrative Penalties Regulation (O. Reg. 558/22) under the RRCEA to update or add contraventions related to the amendments being made to the regulations for tires, batteries, EEE and HSP.

Some of the proposed changes address common issues among regulations related to collection networks and administrative burden whereas others only affect a single regulation. Detailed changes are provided in the amended regulations linked below.

Changes to increase collection network flexibility:

  • Add geographic offsetting – adding a new provision to all four regulations to allow producers/Producer Responsibility Organizations (PROs) to establish alternative collection sites in adjacent municipalities, including adjacent municipalities located in territorial districts. Allow up to 10% of all sites required across the province to use the new and existing flexibility provisions (this 10% allowance includes the existing upper/lower tier offsetting that was already included in the HSP Regulation).
  • Add or increase collection events – allowing producers to replace more traditional collection sites with collection events than is currently allowed. For HSP and lighting (under the EEE Regulation) increasing from 25% to 35% and for tires, adding a new allowance of 25% events and a new allowance of 35% for automotive HSP.
  • Allow all municipal collection sites to count as permanent sites – for all four regulations, allowing all municipal collection sites, including those that are open for a limited number of days per week throughout the year or that are open on a seasonal basis to be considered as collection sites.
  • Adjust timeline for new census data – for all four regulations, giving producers a sufficient period of time (up to two calendar years) after population data from the official census is reported by Statistics Canada to update collection systems to reflect new population data.
  • Align population density provision across all regulations – adding a new provision in the Tires Regulation to reduce the number of collection sites required in municipalities with populations of more than 500,000.
  • Align “take-back” provisions – including a “take-back” option in the HSP Regulation for producers that collect and manage all of the HSP they supply into Ontario through closed-loop systems; requiring these alternative systems to achieve results as good as other collection systems by setting a performance comparator based on collection results from 3 years prior.
  • Give new option for HSP producers to meet collection requirements based on the existing municipal collection network – for select HSP materials (e.g., pesticides, solvents, public-facing auto HSP, and non-refillable pressurized containers), allowing producers/PROs to choose between meeting the population-based formula or servicing the same number of sites and events as were operated by all municipalities in Ontario 2 years prior.
  • Add new performance requirement for large producers of automotive HSP when creating alternative collection networks – adding new requirements for large producers of automotive HSP that choose to establish an alternative system; this new system must achieve results as good as other collection systems by setting a performance comparator based on collection results from 3 years prior.
  • Align Far North collection – aligning all regulations by adding a provision to EEE, batteries and tires for producers/PROs to provide on-demand collection services to First Nation communities in the Far North.

Changes to reduce administrative burden:

  • Remove recycling efficiency rate (RER) requirements – removing RER requirements for materials with management targets and simplifying RER verification requirements for HSP materials without management targets.
  • Adjust small producer exemptions – changing the basis for calculating small producer exemptions from collection or management requirements to supply tonnage under the Tires, Batteries and EEE Regulations.
  • Revise collection site record keeping – removing the requirement for all collection sites to keep records related to large amounts of material brought to sites under the four regulations.
  • Reduce burden for tire collectors – removing registration and reporting requirements for tire collectors.
  • Simplify tire reporting – merging tire reporting categories into general tires that have similar requirements and larger tires (>700 kg) that have unique collection requirements for all tire service providers.

Changes to the Tires Regulation:

  • Adjust performance target – removing collection target and introducing revised management target of 65% for 2025-2029 and 70% for 2030 and beyond, based on the weight of tires historically supplied into Ontario.
  • Increase threshold for regulated tires – removing reporting requirements for tires that weigh more than 1 kg but less than 5 kgs, but maintain requirement that they be collected and managed if returned by consumers.

Changes to the Batteries Regulation:

  • Revise management target – combining management targets for primary and rechargeable batteries and changing the requirement to meet 50% management target starting in 2026 instead of 2025.

Changes to the EEE Regulation:

  • Change requirements for ITT/AV replacement parts – removing reporting requirements for ITT/AV components and parts that a producer provides to a consumer separately from the original equipment, but maintain requirement that they be collected and managed if returned by consumers.
  • Remove waste reduction incentives – removing waste reduction incentives for recycled content, extended warranties and repair incentives from the EEE Regulation.
  • Extend management target for ITT/AV – changing current requirement for ITT/AV to meet 70% management target starting in 2025 and replacing with 65% for 2025-2029; and 70% for 2030 and beyond.
  • Revise management target for lighting – revising and reducing lighting targets to 30% at best efforts for 2025-2026; 30% for 2027-2030; and 35% for 2031 and beyond.

Changes to the HSP Regulation:

  • Revise producer hierarchy for antifreeze and oil filters – modifying the producer hierarchy to obligate vehicle brand holders, importers and marketers for the antifreeze and oil filters supplied into Ontario in new vehicles.
  • Revise requirements for refillable pressurized containers – aligning requirements for producers of refillable pressurized containers with refillable propane containers.

All changes will come into effect on January 1, 2025. Many of the changes that give producers more options to meet their collection network requirements or reduce burden (e.g. removing or reducing record keeping and reporting requirements, adjusting or extending performance targets) will be implemented on January 1, 2025.

Other changes will be implemented throughout 2025 and 2026 to align with existing reporting requirements and/or to give regulated parties additional time to prepare for new collection options (e.g. alternative collection options for hazardous and special requirements that require notification of intention to utilize).

These changes will increase flexibility, reduce burden and simplify requirements for producers, while also helping to divert more waste from landfills and maintain or increase consumer accessibility across the province, including small municipalities, territorial districts and First Nation communities.

Comments received

Through the registry

27

By email

23

By mail

0
View comments submitted through the registry

Effects of consultation

In total, 50 submissions were received during the 45-day comment period the proposed amendments were posted on the ERO.

There was general support from stakeholders for efforts to reduce burden, increase flexibility and align regulations. Several stakeholders requested to move forward with amendments as soon as possible.

The following changes were made based on stakeholder feedback:

  • For HSP materials without management targets, maintaining RER and reducing verification requirements instead of requiring producer/PROs to manage collected material at a rate equivalent to the existing RER.
  • Removing record keeping related to large loads for all collection sites regardless of how they are paid.
  • Merging tire reporting categories for all tire service providers instead of just tire haulers.
  • Combining management target for primary and rechargeable batteries.
  • Maintaining the two-times incentive for Ontario-based reuse.

Two additional changes (not a part of the proposed amendments) were also made based on stakeholder feedback:

  • Adding on-demand collection services for First Nation communities in the Far North communities to the tires, EEE and batteries regulations (to align with the HSP Regulation).
  • Revising and reducing lighting targets to 30% at best efforts for 2025-2026; 30% for 2027-2030; and 35% for 2031 and beyond.

Supporting materials

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Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Resource Recovery Policy Branch
Address

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

Connect with us

Contact

Krista Friesen

Phone number
Office
Resource Recovery Policy Branch
Address

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

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Original proposal

ERO number
019-8866
Notice type
Regulation
Act
Resource Recovery and Circular Economy Act, 2016
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 5, 2024 - October 20, 2024 (45 days)

Proposal details

Ontario’s producer responsibility framework ensures that producers of specified materials are accountable for the environmental impact and financial costs of the waste generated by their products in Ontario.

Ontario is proposing changes to the following four producer responsibility regulations under the Resource Recovery and Circular Economy Act, 2016 (RRCEA):

  • the Tires Regulation (O. Reg. 225/18)
  • the Batteries Regulation (O. Reg. 30/20)
  • the Electrical and Electronic Equipment (EEE) Regulation (O. Reg. 522/20)
  • the Hazardous and Special Products (HSP) Regulation (O. Reg. 449/21)

The proposed changes to Ontario's producer responsibility framework aim to increase flexibility, reduce administrative burden, and simplify compliance requirements for producers of specified materials. These adjustments are not expected to impact the intended outcomes of the regulations, which are to reduce and divert waste.

The proposed regulatory changes are summarized in this section. Further details are provided in the plain language description of proposed regulatory amendments that accompanies this notice.

Some of the proposed changes address common issues among regulations related to collection networks and burden reduction and are presented together under ‘Collection’ and ‘Burden Reduction’ headings. These changes may affect a single regulation or more than one regulation. Other proposed changes affect only one regulation and are categorized as ‘Regulation-specific Changes’.

Collection

The following amendments aim to increase flexibility for producers in meeting their collection network requirements while still ensuring that Ontarians have access to a convenient collection network:

  • Add geographic offsetting – allow producers to offset a limited number of required sites in a given municipality by establishing and operating collection sites in an adjacent local municipality under the Tires, Batteries, EEE and HSP Regulations.
  • Add or increase collection events – allow producers to replace more traditional collection sites with collection events than is currently allowed under the Tires, EEE, and HSP Regulations.
  • Allow all municipal collection sites to count as permanent sites – allow producers to use all municipal collection sites to count as permanent sites, even those that are open on a seasonal basis or for limited days per week under the Tires, Batteries, EEE and HSP Regulations.
  • Adjust timeline for new census data – permit producers a sufficient period of time (for example, one or two years) after population data is updated to adjust the number of collection sites they are required to establish and operate under the Tires, Batteries, EEE and HSP Regulations.
  • Align population density provision across all regulations – adjust the population-based formula in the Tires Regulation to reflect higher population densities in large municipalities. This adjustment would ensure the number of required collection sites in these communities accurately reflects their higher population densities, aligning with provisions already established in the Batteries, EEE, and HSP Regulations.
  • Align “take-back” provisions – allow producers under the HSP Regulation who offer closed-loop collection services to consumers to replace or reduce the number of required collection sites. This would align with options in other producer responsibility regulations.
  • Give new option for HSP producers to meet collection requirements based on the existing municipal collection network – allow producers of pesticides, solvents, non-refillable pressurized containers, and automotive HSP to choose between two compliance options under the HSP Regulation:
    • Establish and operate a collection network based on the size of municipal populations.
    • Establish and operate the same number of collection sites and events that were operated by municipalities in the previous year.
  • Add new performance requirement for large producers of automotive HSP when creating alternative collection networks – require these producers to demonstrate the alternative network can achieve results at least as good as the population-based collection network under the HSP Regulation.

Burden reduction

We are proposing the following amendments to reduce administrative burden for producers in meeting their obligations under producer responsibility regulations:

  • Remove recycling efficiency rate (RER) requirements – remove RER requirements for materials with management targets under the Batteries, EEE and HSP Regulations. For HSP materials without targets, require PROs/producers to manage collected material at a rate equivalent to the existing RER.
  • Adjust small producer exemptions – change the basis for calculating small producer exemptions from collection or management requirements to supply tonnage under the Tires, Batteries and EEE Regulations.
  • Revise collection site record keeping – remove the requirement for certain collection sites to keep records related to large amounts of material brought to sites under the Tires, Batteries, EEE and HSP Regulations.
  • Remove registration and reporting for tire collectors – remove registration and reporting requirements specified in the Tires Regulation.
  • Reduce tire hauler reporting – reduce reporting requirements for tire haulers to only cover two specified tire types.

Regulation-specific Changes

Proposed changes to the Tires Regulation

We are proposing the following amendments to reduce burden for tire producers and to align the Tires Regulation with the other producer responsibility regulations:

  • Adjust performance target – remove the current collection target and introduce a revised management target based on producers’ historic supply starting in 2025.
  • Increase threshold for regulated tires – raise weight threshold for regulated tires from one kilogram to five kilograms. This means that small tires would not be included in a producer’s supply reporting; however, producers would still be required to ensure that these tires are managed appropriately when collected.

Proposed changes to the Batteries Regulation

We are proposing the following amendment to provide battery producers with additional time to achieve management targets:

  • Extend management target – push back the increase of the management target for primary and rechargeable batteries to 50 per cent by five years, from 2025 to 2030.

Proposed changes to the Electrical and Electronic Equipment (EEE) Regulation

We are proposing the following amendments to reduce burden for producers and simplify the regulation:

  • Change requirements for ITT/AV replacement parts – remove reporting requirements for replacement parts from information technology, telecommunications, and audiovisual (ITT/AV) equipment so they are not included in a producer’s supply reporting; however, producers would still be required to ensure that these materials are managed appropriately when collected.
  • Revise allowable reuse – remove the option for producers to count two times the actual weight of EEE managed by an Ontario-based refurbisher for meeting a producer’s management requirement. Instead, producers would report only the actual weight of EEE reused or refurbished in Ontario.
  • Remove waste reduction incentives – remove the provision that allows producers to reduce their obligated supply tonnage based on the amount of recycled content, extended warranties, and repair incentives offered. This revision would remove the complexity of calculating reductions and would simplify reporting.
  • Extend management target – push back the increase of the management target for ITT/AV equipment to 70 per cent by five years, from 2025 to 2030.
  • Consult on expanding types of regulated EEE – seek initial feedback on expanding collection and management obligations to include additional types of EEE to mitigate fire hazard potential posed by batteries in those products.

Proposed changes to the Hazardous and Special Products (HSP) Regulation

We are proposing the following amendments to reduce burden for producers and simplify the regulation:

  • Revise producer hierarchy for antifreeze and oil filters – brand holders, importers and marketers of new vehicles would become the obligated producers for the collection and management of antifreeze and oil filters that are supplied in new vehicles.
  • Revise requirements for refillable pressurized containers – reclassify refillable pressurized containers from category B to category E, which would align them with refillable propane containers.

In addition to reducing burden for producers of tires, batteries, EEE and HSP, some of the proposed amendments would also reduce burden for the Resource Productivity and Recovery Authority, which is responsible for overseeing Ontario’s producer responsibility framework.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Resource Recovery Policy Branch
Address

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

Comment

Commenting is now closed.

This consultation was open from September 5, 2024
to October 20, 2024

Connect with us

Contact

Krista Friesen

Phone number
Office
Resource Recovery Policy Branch
Address

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