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Resource Recovery and Circular Economy Act, 2016

ONTARIO REGULATION 391/21

BLUE BOX

Consolidation Period:  From June 3, 2021 to the e-Laws currency date.

Last amendment: 391/21.

Legislative History: 391/21.

This is the English version of a bilingual regulation.

CONTENTS

PART I
INTERPRETATION

1.

Definitions

2.

Blue box material

3.

Material categories

4.

Eligible source

5.

Non-application

6.

Designated material

7.

Producer responsibility organization

PART II
DETERMINATION OF THE PRODUCER

8.

Application

9.

Producer, blue box packaging

10.

Producer, paper products and packaging-like products

11.

Multiple brand holders

12.

Franchises

13.

Marketplace sellers

PART III
ALLOCATION TABLE

14.

Rule creators and procedure

15.

Creation of rules

16.

Creation of allocation table

17.

Responsibility of Authority

PART IV
COLLECTION UNDER ALLOCATION TABLE

19.

Duty to collect

20.

Curbside collection

21.

Depot or curbside collection

22.

Obligations for curbside collection

23.

Obligations for curbside collection, transition period

24.

Obligations for depot collection

25.

Depot collection, transition period

26.

Operation by multiple producers

27.

Facilities

28.

Obligations for public spaces

29.

Transition, public spaces

30.

Producer responsibilities, public spaces

31.

Reserves

PART V
ALTERNATIVE COLLECTION SYSTEM

32.

Producers and alternative collection system

33.

Establishment and operation

34.

Depot requirements

35.

Mail requirements

36.

Revocation of registration

37.

Multiple producers

PART VI
MANAGEMENT

38.

Producer obligation

39.

Accounting

40.

Management requirement for a material category

41.

Recovered resources

42.

Minimum requirements

43.

Reporting requirement

PART VII
REGISTRATION, REPORTING, AUDITING, AND RECORD KEEPING

44.

Blue Box Verification and Audit Procedure

45.

Registration, producers

46.

Registration, producer responsibility organizations

47.

Registration, allocation table rules

48.

Registration, representation agreement

49.

Registration, blue box processors

50.

Initial reports, producers

51.

Annual report, producers

52.

Annual report, producer responsibility organizations

53.

Annual report, processors

54.

Eligible communities

55.

Transition

56.

Outside Transition Schedule

57.

Change

58.

Who may submit

59.

First Nation registering

60.

First Nation accepting

61.

First Nation revoking

62.

First nation, subsequent offer

63.

Registration, facilities

64.

Brewers Retail Inc. and the LCBO

65.

Records

66.

Small producers

67.

Audit, management systems

68.

Access to information and privacy

PART VIII
PROMOTION AND EDUCATION

69.

Promotion and education, producers

70.

Information to be included

71.

Information, alternative collection system

72.

Forms of promotion

PART IX
GENERAL

73.

Exemption, small producers

74.

Ownership

Part I
Interpretation

Definitions

1. (1) In this Regulation,

“alcoholic beverage” means liquor within the meaning of the Liquor Licence Act; (“boisson alcoolisée”)

Note: On the day subsection 1 (1) of Schedule 22 to the Plan to Build Ontario Together Act, 2019 comes into force, the definition of “alcoholic beverage” in subsection 1 (1) of the Regulation is amended by striking out “Liquor Licence Act” at the end and substituting “Liquor Licence and Control Act, 2019”. (See: O. Reg. 391/21, s. 75 (1))

“alcoholic beverage product and packaging” means,

(a)  products with their primary packaging that are,

(i)  alcoholic beverages that are supplied by any person,

(ii)  non-alcoholic beer, wine and spirits that are supplied by any person,

(iii)  products that are imported or supplied by Brewers Retail Inc. or for which Brewers Retail Inc. is the brand holder, or

(iv)  products that are imported or supplied by the Liquor Control Board of Ontario, or for which the Liquor Control Board of Ontario is the brand holder,

(b)  convenience and transport packaging if it is used exclusively for products referred to in clause (a), and

(c)  paper products, packaging-like products, and products included in the definition of “blue box packaging” that are imported or supplied by Brewers Retail Inc. or the Liquor Control Board of Ontario, or for which Brewers Retail Inc. or the Liquor Control Board of Ontario is the brand holder; (“produits et emballages de boisson alcoolisée”)

“allocation table” means an allocation table created in accordance with Part III; (“tableau d’affectation”)

“beverage container” means a container that,

(a)  contains a ready-to-drink beverage product,

(b)  is made from metal, glass, paper or rigid plastic, or any combination of these materials, and

(c)  is sealed by its manufacturer;  (“contenant de boisson”)

“blue box material” has the meaning provided for in section 2; (“matériaux destinés à la boîte bleue”)

“blue box packaging” means,

(a)  primary packaging, convenience packaging or transport packaging that is provided with a product,

(b)  an ancillary product that is integrated into the packaging, and

(c)  a product such as a straw, cutlery or plate that is supplied with a food or beverage product, that facilitates the consumption of that food or beverage product and that is ordinarily disposed of after a single use, whether or not it could be reused; (“emballage destiné à la boîte bleue”)

“blue box receptacle” means a container, bin, cart, bag or other receptacle that holds blue box material, and from which blue box material is collected; (“récipient pour matériaux destinés à la boîte bleue”)

“Blue Box Transition Schedule” means the document of the Ministry entitled “Blue Box Transition Schedule” dated June 1, 2021, as amended from time to time, and available on the Registry; (“calendrier de transition des boîtes bleues”)

“Blue Box Verification and Audit Procedure” means the document entitled “Blue Box Verification and Audit Procedure” published by the Authority and dated June 1, 2021, as amended from time to time, and available on the Registry; (“Procédure de vérification des boîtes bleues”)

“certified compostable product and packaging” means material that,

(a)  is only capable of being processed by composting, anaerobic digestion or other processes that result in decomposition by bacteria or other living organisms, and

(b)  is certified as compostable by an international, national or industry standard that is listed in the Blue Box Verification and Audit Procedure; (“produits et emballages certifiés compostables”)

“collection period” means the period of time in which an allocation table applies, determined in accordance with paragraph 6 of section 15; (“période de collecte”)

“eligible community” means,

(a)  a local municipality or local services board area that is not located in the Far North, or

(b)  a reserve,

(i)  that is not located in the Far North, and

(ii)  is registered by a First Nation with the Authority in accordance with section 59; (“collectivité admissible”)

“eligible source” has the meaning provided for in section 4; (“source admissible”)

“facility” means,

(a)  a building that contains more than one dwelling unit, including an apartment building and a condominium, but not including a building used for temporary accommodation, such as a hotel,

(b)  a retirement home within the meaning of the Retirement Homes Act, 2010 that,

(i)  is operated by a municipality or an entity that does not operate with a purpose of generating a profit, or

(ii)  was included in the WDTA blue box program on August 15, 2019,

(c)  a long-term care home within the meaning of the Long-Term Care Homes Act, 2007 that,

(i)  is a non-profit long-term care home within the meaning of paragraph 2 of section 269 of Ontario Regulation 79/10 (General) made under that Act, or

(ii)  was included in the WDTA blue box program on August 15, 2019, and

(d)  a building that contains a school or private school within the meaning of the Education Act; (“installation”)

“Far North” has the same meaning as in the Far North Act, 2010; (“Grand Nord”)

“First Nation” means a council of the Band as referred to in subsection 2 (1) of the Indian Act (Canada); (“Première Nation”)

“flexible plastic” means unmoulded plastic, such as a plastic bag, film, wrap, pouch or laminate; (“plastique souple”)

“franchise” has the same meaning as in the Arthur Wishart Act (Franchise Disclosure), 2000; (“franchise”)

“franchisor” has the same meaning as in the Arthur Wishart Act (Franchise Disclosure), 2000; (“franchiseur”)

“local municipality” has the same meaning as in the Municipal Act, 2001; (“municipalité locale”)

“local services board” has the same meaning as “Board” in the Northern Services Boards Act; (“régie locale des services publics”)

“local services board area” has the same meaning as “Board area” in the Northern Services Boards Act; (“territoire de la régie locale des services publics”)

“management requirement” means the amount of material determined under section 40; (“obligation de gestion”)

“marketplace facilitator” means a person who,

(a)  contracts with a marketplace seller to facilitate the supply of the marketplace seller’s products by,

(i)  owning or operating an online consumer-facing marketplace or forum in which the marketplace seller’s products are listed or advertised for supply, and

(ii)  transmitting or otherwise communicating the offer or acceptance between the marketplace seller and a buyer, and

(b)  provides for the physical distribution of a marketplace seller’s products to the consumer, such as by the storage, preparation or shipping of products; (“facilitateur de marché”)

“marketplace seller” means a person who contracts with a marketplace facilitator to supply its products; (“vendeur du marché”)

“material category” means the material categories determined in accordance with section 3; (“catégorie de matériaux”)

“municipality” has the same meaning as in the Municipal Act, 2001; (“municipalité”)

“non-alcoholic beer, wine and spirits” means a beverage that is not liquor under the Liquor Licence Act but has the traditional aroma or taste commonly attributed to beer, wine or spirits; (“bière, vin et spiritueux non alcoolisés”)

Note: On the day subsection 1 (1) of Schedule 22 to the Plan to Build Ontario Together Act, 2019 comes into force, the definition of “non-alcoholic beer, wine and spirits” in subsection 1 (1) of the Regulation is amended by striking out “Liquor Licence Act” and substituting “Liquor Licence and Control Act, 2019”. (See: O. Reg. 391/21, s. 75 (2))

“packaging-like product” means a product such as aluminum foil, a metal tray, plastic film, plastic wrap, wrapping paper, a paper bag, beverage cup, plastic bag, cardboard box or envelope, that has all of the following characteristics, but does not include a product made from flexible plastic that is ordinarily used for the containment, protection, or handling of food, such as cling wrap, sandwich bags, or freezer bags:

1.  The product is ordinarily used for the containment, protection, handling, delivery, presentation or transportation of a thing or things,

2.  The product is ordinarily disposed of after a single use, whether or not it could be reused.

3.  The product is not used as packaging when it is supplied to the end user; (“produit assimilable à un emballage”)

“paper product” includes printed and unprinted paper, such as a newspaper, magazine, promotional material, directory, catalogue or paper used for copying, writing or any other general use, other than,

(a)  a hard or soft cover book,

(b)  a hardcover periodical, and

(c)  any product that, at the time it is supplied to the end user, is blue box packaging or a packaging-like product; (“produit de papier”)

“permanent establishment” has the meaning,

(a)  assigned by subsection 400 (2) of the Income Tax Regulations (Canada), in the case of a corporation, or

(b)  assigned by subsection 2600 (2) of the Income Tax Regulations (Canada), in the case of an individual; (“établissement stable”)

“processor” means a person who processes, for the purpose of resource recovery, blue box material that was supplied to a consumer in Ontario; (“transformateur”)

“producer” means the person determined in accordance with Part II; (“producteur”)

“producer responsibility organization” means a person who has entered into an agreement with a producer for the purposes of carrying out one or more of the following responsibilities relating to blue box material, but does not include a processor retained solely for the purposes of processing blue box material:

1.  Representing a producer for the purposes of the creation of the rules under Part III.

2.  Arranging, establishing or operating a collection or management system.

3.  Arranging, establishing or operating a promotion and education system.

4.  Preparing and submitting reports; (“organisme assumant les responsabilités d’un producteur”)

“public space” means,

(a)  an outdoor area in a park, playground or sidewalk, or

(b)  a public transit station or stop under municipal or provincial jurisdiction, including a track-level stop, to which the public is normally provided access; (“espace public”)

“representation agreement” means an agreement pursuant to which a producer responsibility organization agrees to represent a producer during the creation of the rules under Part III; (“convention de représentation”)

“reserve” means a reserve within the meaning of the Indian Act (Canada); (“réserve”)

“residence” means a single-unit residential dwelling, including a seasonal residential dwelling; (“résidence”)

“resident in Canada” means having a permanent establishment in Canada; (“résident du Canada”)

“resident in Ontario” means having a permanent establishment in Ontario; (“résident de l’Ontario”)

“retailer” means a business that supplies products to consumers, whether online or at a physical location; (“détaillant”)

“rigid plastic” means moulded plastic, such as a food or product container; (“plastique rigide”)

“supplemental collection system” means a collection system in which blue box material supplied to consumers in Ontario is collected, other than a collection system established and operated under Part IV or Part V; (“système de collecte complémentaire”)

“supply” means the provision of a product in any manner and includes sale, transfer, barter, exchange, rental, lease, gift or disposition; (“fourniture”)

“transition period” means the period beginning on July 1, 2023 and ending on December 31, 2025; (“période de transition”)

“WDTA blue box program” means the blue box waste diversion program under the Waste Diversion Transition Act, 2016 that was operating in a local municipality, local services board area or a reserve. (“programme de boîte bleue régi par la Loi transitoire de 2016”)

(2) In this Regulation, and for the purposes of the Act in respect of blue box material,

“consumer” means,

(a)  an individual who is an end user of a product and its packaging, other than a beverage and its container, who obtained the product and its packaging for personal, family or household purposes, or

(b)  a person who is the end user of a beverage and its container, including a person who uses the beverage and its container for personal, family, household or business purposes; (“consommateur”)

“convenience packaging” means material used in addition to primary packaging to facilitate end users’ handling or transportation of one or more products and includes items such as bags and boxes that are supplied to end users at check out, whether or not there is a separate fee for these items; (“emballage pratique”)

“primary packaging” means material that is used for the containment, protection, handling, delivery and presentation of a product that is provided with the product to an end user at the point of sale and includes packaging designed to group one or more products for the purposes of sale, but does not include convenience packaging or transport packaging; (“emballage primaire”)

“product” means material that is a thing, part of a thing or combination of things intended for use by an end user; (“produit”)

“transport packaging” means material used in addition to primary packaging to facilitate the handling or transportation of one or more products by persons other than end users, such as a pallet, bale wrap or box, but does not include a shipping container designed for transporting things by road, ship, rail or air. (“emballage de transport”)

Blue box material

2. (1) Subject to subsection (2),

“blue box material” means material that is,

(a)  blue box packaging,

(b)  a paper product, or

(c)  a packaging-like product.

(2) “Blue box material” does not include the following material:

1.  A material that is not primarily made from paper, glass, metal or plastic, or a combination of these materials.

2.  A material included in another designated class under section 60 of the Act.

3.  A pharmaceutical or sharp in respect of which there are collection or disposal obligations prescribed under Ontario Regulation 298/12 (Collection of Pharmaceuticals and Sharps — Responsibilities of Producers) made under the Environmental Protection Act.

4.  A material included in the Municipal Hazardous or Special Waste Program, if that program is in operation under the Waste Diversion Transition Act, 2016.

5.  A product designed for the containment of waste.

6.  A health, hygiene or safety product that, by virtue of its anticipated use, becomes unsafe or unsanitary to recycle.

7.  Blue box packaging that cannot be easily separated from hazardous waste within the meaning of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act.

8.  An alcoholic beverage product and packaging.

Material categories

3. (1) The following are material categories for the purposes of this Regulation:

1.  Beverage container material category.

2.  Glass material category.

3.  Flexible plastic material category.

4.  Rigid plastic material category.

5.  Metal material category.

6.  Paper material category.

7.  Certified compostable products and packaging material category.

(2) Subject to subsection (3), all blue box material shall be assigned to a material category and no blue box material shall be assigned to more than one material category.

(3) Blue box material may be divided into separate components, and each component may be assigned to its own material category, as long as all the components of the blue box material are assigned to a material category.

(4) Blue box material shall be assigned to the material category that best matches its primary characteristic.

(5) The assignment of blue box material to a material category must comply with any applicable requirements in the Blue Box Verification and Audit Procedure.

(6) Subject to subsection (9), the flexible plastic material category includes material primarily made from flexible plastic.

(7) Subject to subsections (8) and (9), the rigid plastic material category includes material primarily made from rigid plastic.

(8) The beverage container material category includes all beverage containers, even if they are made primarily of glass, paper, metal or rigid plastic.

(9) The certified compostable products and packaging material category includes all certified compostable products and packaging, even if they are primarily made of paper or plastic.

Eligible source

4. (1) Subject to the other provisions in this section,

“eligible source” means any residence or facility in an eligible community.

(2) Subject to subsections (3) and (4), a residence or facility in an eligible community that is included in the Blue Box Transition Schedule is not an eligible source until the date when the Blue Box Transition Schedule states that the eligible community will start to receive collection services under this Regulation.

(3) A residence or facility that did not receive collection services under the WDTA blue box program before the date when the Blue Box Transition Schedule states the local municipality, local services board area or reserve that contained the residence will start to receive collection services under this Regulation is not an eligible source during the transition period.

(4) A facility in an eligible community in the Blue Box Transition Schedule that would not be eligible to receive collection services under the WDTA blue box program because of the criteria or conditions of that program applicable on August 15, 2019 is not an eligible source during the transition period.

(5) A residence in an eligible community that is not an eligible source during the transition period becomes an eligible source on the later of,

(a)  January 1, 2026; and

(b)  the date that a local municipality, local services board or First Nation includes the residence in the information it provides under paragraphs 1 and 2 of subsection 55 (2), pursuant to section 56 or 57.

(6) A facility in an eligible community that is not an eligible source during the transition period becomes an eligible source on the later of,

(a)  January 1, 2026; and

(b)  the date the facility registers under section 63.

Non-application

5. Parts III, IV, V, VI and VIII of this Regulation do not apply to blue box material in the certified compostable products and packaging material category and blue box material in the certified compostable products and packaging material category shall not,

(a)  be included in the determination of weights made by the Authority under section 14;

(b)  be used for the allocation of eligible sources to producers in an allocation table made under Part III;

(c)  be registered as a material category for an alternative collection system under Part V;

(d)  be used for the calculation of a management requirement under Part VI; or

(e)  give rise to promotion and education obligations under Part VIII.

Designated material

6. For the purposes of section 60 of the Act, blue box material is a designated class of material.

Producer responsibility organization

7. A producer responsibility organization that is required to register collection services or promotion and education services it provides for a producer under section 46 satisfies the prescribed conditions for the purposes of paragraph 2 of subsection 61 (2) of the Act and the prescribed criteria for the purposes of clause 62 (1) (d) of the Act.

PART II
Determination of the Producer

Application

8. This Part only applies to blue box packaging, paper products and packaging-like products that are blue box material.

Producer, blue box packaging

9. (1) Where blue box packaging for a product is supplied in Ontario to a consumer, the producer of that blue box packaging shall be determined in accordance with the following rules:

1.  For the portion of the blue box packaging of a product that a brand holder added to the product, the producer is,

i.  the brand holder of the product, if the brand holder is resident in Canada,

ii.  if there is no person described in subparagraph i, the importer of the product, if the importer is resident in Ontario, or

iii.  if there is no person described in subparagraph i or ii, the retailer who supplied the product to the consumer.

2.  For the portion of the blue box packaging of a product that an importer of the product into Ontario added to the product, the producer is,

i.  the importer of the product into Ontario, if the importer is a person who is resident in Ontario, or

ii.  if there is no person described in subparagraph i, the retailer who supplied the product to the consumer.

3.  For any portion of the blue box packaging not described in paragraph 1 or 2, the producer is the retailer who supplied the product to the consumer.

(2) For the purposes of determining the producer in accordance with subsection (1), the following rules apply:

1.  Blue box packaging added to a product includes blue box packaging added at any stage of the production, distribution and supply of the product.

2.  A person adds blue box packaging to a product if the person,

i.  makes the blue box packaging available for use by another person who adds the blue box packaging to the product,

ii.  causes another person to add the blue box packaging to a product, or

iii.  combines the product and the blue box packaging.

Producer, paper products and packaging-like products

10. Where paper products or packaging-like products are supplied in Ontario to a consumer, the person who is the producer of the paper products or packaging-like products shall be determined in accordance with the following rules:

1.  The producer is the brand holder of the paper product or packaging-like product, if the brand holder is resident in Canada.

2.  If there is no person described in paragraph 1, the producer is the importer of the paper product or packaging-like product, if the importer is resident in Ontario.

3.  If there is no person described in paragraph 1 or 2, the producer is the retailer who supplied the paper product or packaging-like product to the consumer.

Multiple brand holders

11. If the producer determined in accordance with section 9 or 10 is a brand holder but there are two or more brand holders resident in Canada in respect of the blue box material, the producer is the brand holder who is most closely connected to the manufacture or production of the blue box material.

Franchises

12. Where the producer determined in accordance with section 9 or 10 is a business operated wholly or in part as a franchise, the producer is the franchisor, if that franchisor has franchisees that are resident in Ontario.

Marketplace sellers

13. If the producer determined in accordance with section 9 or 10 is a retailer and that retailer is a marketplace seller, the marketplace facilitator that contracts with the marketplace seller shall be deemed to be the retailer for purposes of this Part.

Part III
Allocation Table

Rule creators and procedure

14. (1) Subject to the provisions of this section, the following persons may make rules relating to the creation of an allocation table in accordance with this Part:

1.  A producer responsibility organization that,

i.  has entered into a representation agreement with one or more producers of blue box material supplied to consumers in Ontario in 2020,

ii.  represents, as a result of an agreement described in subparagraph i, one or more producers that in aggregate supplied at least 20,000 tonnes of blue box material to consumers in Ontario in 2020, as reported by those producers in accordance with subparagraph 7 iii of subsection 45 (3), and

iii.  has registered with the Authority in accordance with section 47 on or after August 1, 2021 and before November 1, 2021.

2.  The Minister.

(2) For greater clarity,

(a)  a producer responsibility organization may enter into a representation agreement with a producer on or after November 1, 2021, as long as the producer responsibility organization had entered into a representation agreement with another producer and registered as described in paragraph 1 of subsection (1) before November 1, 2021;

(b)  a producer may only enter into a representation agreement with one producer responsibility organization at any given time; and

(c)  a producer responsibility organization may only enter into a representation agreement with a producer if the producer responsibility organization also intends to arrange, establish or operate a collection system that is required under Part IV.

(3) Producer responsibility organizations referred to in paragraph 1 of subsection (1) may only make rules in accordance with the following procedure:

1.  The producer responsibility organizations may submit proposed rules to the Authority on or after January 1, 2022, if the proposed rules address paragraphs 1 to 10 of section 15.

2.  The producer responsibility organizations may register their agreement with the proposed rules with the Authority, through the Registry, within five days of rules being submitted under paragraph 1.

3.  The Authority shall determine, as of the date proposed rules were submitted under paragraph 1, and in accordance with subsection (4), the aggregate weight of blue box material supplied to consumers in Ontario in 2020 of the producers represented by a producer responsibility organizations that have registered under paragraph 1 of subsection (1).

4.  The Authority shall determine the amount that is 66 per cent of the sum determined under paragraph 3.

5.  The Authority shall determine, in accordance with subsection (4), the aggregate weight of blue box material supplied to consumers in Ontario in 2020 of the producers represented by a producer responsibility organization who registered their agreement under paragraph 2 as of the date the rules are submitted under paragraph 1.

6.  Subject to paragraph 7, if the aggregate weight of blue box material determined under paragraph 5 equals or exceeds the amount determined under paragraph 4, the rules are made and the Authority shall promptly publicly post them on the Registry.

7.  The rules are made when the Authority makes its determination under paragraph 6, unless the rules specify a later date for their coming into effect.

(4) When the Authority calculates weight under paragraph 3 or 5 of subsection (3), it shall,

(a)  use information required to be submitted under subparagraph 7 iii of subsection 45 (3);

(b)  assign the weight of blue box material supplied to consumers in Ontario in 2020 of producers with a representation agreement with a producer responsibility organization to that producer responsibility organization;

(c)  exclude the weight of any blue box material supplied to consumers in Ontario in 2020 that was assigned to a producer responsibility organization that has revoked its registration under paragraph 1 of subsection (1); and

(d)  perform a new calculation each time a proposed rule is submitted under paragraph 1 of subsection (3).

(5) If rules made by persons registered under paragraph 1 of subsection (1) come into effect in accordance with subsection (2), they may be amended,

(a)  by the Minister, in accordance with subsection (7); or

(b)  by producers who are required to register under section 45 and producer responsibility organizations that provide collection services and are required to register under section 46, in accordance with any requirements and procedures made under paragraph 9 of section 15.

(6) For greater certainty, any amendments made under clause (5) (b) may be further amended in accordance with subsection (5).

(7) The Minister may make rules under paragraph 2 of subsection (1) in accordance with the following procedure:

1.  The Minister may make the rules at any time.

2.  If the Minister is of the opinion that the persons referred to in paragraph 1 of subsection (1) are unlikely to make the rules by the date necessary to ensure an allocation table will be made before July 1, 2022, the Minister shall make the rules.

3.  If the persons referred to in paragraph 1 of subsection (1) have made the rules in accordance with subsection (3), the Minister may make rules that amend or replace, in whole or in part, the rules made by those persons.

4.  If the rules have been amended in accordance with clause (5) (b), the Minister may make rules that amend or replace, in whole or in part, those amendments.

5.  The rules are made when the Minister submits them to the Authority, unless the rules specify a later date for their coming into effect.

(8) Rules made by the Minister may be amended,

(a)  by the Minister at any time and those amendments apply when they are submitted to the Authority, unless the amendments specify a later date for their coming into effect; or

(b)  in accordance with clause (5) (b), but only if the Minister provides in the rules that the persons specified in clause (5) (b) may amend the rules made by the Minister.

Creation of rules

15. Rules that address all of the following shall be made in respect of the creation of an allocation table:

1.  Identify the person or persons that will create the allocation table, or identify a procedure for identifying this person or persons.

2.  Set out requirements and procedures that apply when a person or persons create the allocation table, including requirements and procedures related to how eligible sources are allocated to producers.

3.  Set out requirements and procedures for the creation of the allocation table during the transition period, including requirements and procedures about how to allocate residences and facilities that will become eligible sources as eligible communities start to receive collection services under this Regulation in accordance with the Blue Box Transition Schedule.

4.  Set out any requirements and procedures that apply to the allocation of residences or facilities that become, or cease to be, eligible sources during the collection period covered by an allocation table.

5.  Set out any requirements and procedures that apply to the inclusion of persons that become producers, or the exclusion of persons that cease to be producers, during the collection period covered by an allocation table.

6.  Specify the length of the collection period the allocation table will apply to, with,

i.  the first collection period starting on the first day of the transition period and ending on December 31 of a year, and

ii.  any subsequent collection period being set in increments of a year, starting on January 1, with the minimum collection period being one year.

7.  Specify the circumstances when the person or persons who make the allocation table must create a revised allocation table either for an entire collection period or for the remaining portion of a collection period.

8.  Set out requirements and procedures for the creation and coming into effect of a revised allocation table.

9.  Set out requirements and procedures for the proposal, consideration, and approval of amendments to the rules by the persons referred to in clause 14 (5) (b).

10.  Set out any information that the Authority must provide to the person or persons who make the allocation table and requirements in respect of maintaining the confidentiality of this information.

Creation of allocation table

16. (1) The person or persons creating an allocation table must, in accordance with the rules made under this Part,

(a)  create an initial allocation table that,

(i)  has a collection period that commences on July 1, 2023,

(ii)  has a collection period determined in accordance with paragraph 6 of section 15, and

(iii)  is submitted to the Authority on or before July 1, 2022;

(b)  create subsequent allocation tables that,

(i)  have collection periods that start immediately after the collection period covered by a previous allocation table expires,

(ii)  have collection periods determined in accordance with paragraph 6 of section 15, and

(iii)  are submitted to the Authority on or before the March 31 of the year before the first year of the allocation table’s collection period;

(c)  include in every allocation table,

(i)  every residence and facility that was an eligible source prior to the date the allocation table is required to be submitted to the Authority, and

(ii)  mechanisms to include every residence and facility that will become an eligible source during the collection period covered by the allocation table in accordance with the rules made under paragraph 4 of section 15;

(d)  include in every allocation table,

(i)  every producer that was required to register under section 45 prior to the date the allocation table is required to be submitted to the Authority, unless,

(A)  the person registered the establishment and operation of an alternative collection system for every material category of blue box material for which the producer reported in the previous year an amount under subparagraph 7 iii of subsection 45 (3), paragraph 3 of subsection 50 (3) or paragraph 3 of subsection 51 (1), as applicable, that is greater than the minimum amount set out in section 42 for that material category, or

(B)  the weights reported in the previous year by the producer under section subparagraph 7 iii of subsection 45 (3), paragraph 3 of subsection 50 (3) or paragraph 3 of subsection 51 (1), as applicable, for every material category is less than the minimum amount set out in section 42 for each respective material category,

(ii)  mechanisms to include every person who will become a producer during the collection period covered by the allocation table in accordance with the rules made under paragraph 5 of section 15;

(e)  create allocation tables that allocate every eligible source described in clause (c) to a producer described in clause (d), whether or not that facility or residence is an eligible source at the time the allocation table is submitted to the Authority;

(f)  create allocation tables that,

(i)  allocate an eligible source to a producer for the entire collection period, if the residence or facility is an eligible source when the collection period commences,

(ii)  allocate an eligible source to a producer beginning on the date the Blue Box Transition Schedule states that the eligible community in which the eligible source is located will start to receive collection services under Part IV, if the residence or facility will become an eligible source during the transition period, and

(iii)  allocate an eligible source to a producer in accordance with the rules made under paragraph 4 of section 15, if the residence or facility became an eligible source during a collection period but not during the transition period; and

(g)  create revised allocation tables, if any circumstances set out in the rules made under paragraph 7 of section 15 occur, that apply for,

(i)  the entire collection period, if the revised allocation table is made prior to the start of the collection period governed by the original allocation table, or

(ii)  the portion of the collection period that remains after the revised allocation table is made, if the revised allocation table is created during the collection period governed by the initial allocation table.

(2) The person or persons creating the allocation table shall allocate each eligible source to a single producer unless, prior to the submission of the allocation table to the Authority, every producer allocated to that eligible source has registered information with the Authority through the Registry, pursuant to subparagraph 3 v of subsection 45 (3), that, for the collection period covered by that allocation table, it expects to retain the same producer responsibility organization to provide collection services under Part IV.

(3) The person or persons that create the allocation table shall maintain the confidentiality of all information received from the Authority in relation to the creation of the allocation table, in accordance with the rules made under this Part.

(4) For greater clarity, an eligible source is included in an allocation table if it is possible to determine to which producer the eligible source is allocated, including if the eligible source is included in the allocation table by address or by geographic area.

Responsibility of Authority

17. (1) The Authority shall promptly publish in the Registry,

(a)  the rules made under this Part, and any amendment to those rules;

(b)  the allocation table, as well as any revised allocation tables; and

(c)  the name and contact information of producer responsibility organizations that registered under paragraph 1 of subsection 14 (1).

(2) Subject to any policy direction issued by the Minister under the Act, the Authority shall provide the information specified in the rules made under paragraph 10 of section 15 to the person or persons required to make the allocation table.

(3) Where the Authority is required to make a determination or perform a calculation under subsection 14 (3), it shall do so promptly, and shall report the results of its determination to persons referred to in paragraph 1 of subsection 14 (1).

Competition Act (Canada)

18. Nothing in this Regulation shall be construed as requiring or authorizing any person or entity to engage in an activity that would constitute a contravention of the Competition Act (Canada).

Part IV
Collection under Allocation Table

Duty to collect

19. (1) Every producer who has been allocated collection responsibilities for an eligible source in the allocation table shall establish and operate a collection system in accordance with this Part.

(2) Every producer responsibility organization that is required to register its agreement to provide collection services on behalf of a producer under section 46 is required to establish and operate a collection system in respect of the eligible sources and public spaces for which the producer responsibility organization has agreed to provide collection services in an agreement with a producer mentioned in subsection (1) of this section, in accordance with this Part.

(3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies.

Curbside collection

20. If a producer is allocated an eligible source that is a residence that receives curbside garbage collection, the producer shall provide curbside collection of blue box material for that residence.

Depot or curbside collection

21. If a producer is allocated an eligible source that is a residence that does not receive curbside garbage collection, the producer may provide either depot collection or curbside collection of blue box material for that residence.

Obligations for curbside collection

22. A producer who provides curbside collection for an eligible source that is a residence shall,

(a)  collect blue box material from the residence at least every other week;

(b)  collect, in a single day, all blue box material set out for curbside collection at the residence; and

(c)  provide blue box receptacles for the storage of blue box material at the residence until the blue box material is collected and, when it has provided such receptacles, shall

(i)  provide blue box receptacles that are appropriate for the residence, including with respect to size,

(ii)  ensure that each residence has a blue box receptacle at least one week prior to the date on which the producer commences collecting from that residence,

(iii)  ensure that each residence has a blue box receptacle that is able to ordinarily store all of the blue box material deposited at that residence until the next collection day, and

(iv)  repair or replace any damaged blue box receptacle upon request of a person residing at the residence, within one week of the request.

Obligations for curbside collection, transition period

23. During the transition period, a producer that provides curbside collection for an eligible source that is a residence shall,

(a)  collect blue box material from the residence at a frequency that is the same or more frequent than the frequency of the WDTA blue box program that served residences in that eligible community on August 15, 2019;

(b)  collect, at a minimum, the blue box material that was collected under the WDTA blue box program that served residences in that eligible community on August 15, 2019, and may collect any additional blue box material; and

(c)  operate at least as many depot collection sites for blue box material as there were depot collection sites for blue box material in that eligible community under the WDTA blue box program on August 15, 2019, if every residence in that eligible community is receiving curbside collection.

Obligations for depot collection

24. (1) A producer who provides depot collection for an eligible source that is a residence shall,

(a)  operate at least as many depot collection sites for blue box material as there are depot collection sites for household garbage in the eligible community where the residence is situated;

(b)  ensure the depot collection sites for blue box material have operating hours that are at least as accessible as the hours for depot collection sites for household garbage in the eligible community where the residence is situated;

(c)  collect the blue box material deposited at the depot collection site before the blue box receptacles at the depot collection site are full; and

(d)  provide blue box receptacles at each depot collection site for the storage of blue box material until it is collected and, when it has provided such receptacles, shall

(i)  provide blue box receptacles that are appropriate for the depot collection site, including with respect to size,

(ii)  ensure that each depot has a blue box receptacle before the day on which the producer commences operating the depot,

(iii)  ensure each depot collection site has blue box receptacles at least one week prior to the date on which the producer is required to provide depot collection in that eligible community, and

(iv)  repair or replace any damaged blue box receptacle at the depot collection site upon request by an operator of a depot, within one week of the request.

Depot collection, transition period

25. During the transition period, a producer who provides depot collection for an eligible source that is a residence shall accept, at a minimum, the blue box material that was accepted under the WDTA blue box program that served residences in that eligible community on August 15, 2019, and may accept any additional blue box material.

Operation by multiple producers

26. For greater certainty, a depot collection site provided under this Part may be operated by or on behalf of one or more producers, may service one or more residences and, if it is operated by one or more producer, may be relied on by each of those producers to satisfy the requirements set out in this Part.

Facilities

27. (1) If a producer is allocated an eligible source that is a facility, that producer shall,

(a)  provide blue box receptacles for the storage of blue box material at the facility until it is collected and, when it provides such receptacles, shall,

(i)  provide blue box receptacles that are appropriate for the facility, with respect to facility size and how blue box materials are managed at the facility,

(ii)  ensure that the facility has blue box receptacles at least one week prior to the date on which the producer is required to commence collecting from that facility,

(iii)  ensure that each facility has blue box receptacles that are able to ordinarily store all of the blue box material deposited at the facility until the blue box waste is collected, and

(iv)  repair or replace any damaged blue box receptacles at the facility upon request by the owner or operator of the facility, within one week of the request; and

(b)  collect blue box material from the facility before the blue box receptacles at the facility are full.

(2) A producer is only required to provide services under subsection (1) for blue box material that is generated at a facility,

(a)  by or on behalf of the residents of a dwelling unit;

(b)  by the operation of a long-term care home within the meaning of the Long-Term Care Homes Act, 2007;

(c)  by the operation of a retirement home within the meaning of the Retirement Homes Act, 2010; or

(d)  by the operation of a school or private school as defined under the Education Act.

(3) During the transition period, a producer that provides collection for a facility shall collect, at a minimum, the blue box material that was collected under the WDTA blue box program that served facilities in that eligible community on August 15, 2019, and may collect any additional blue box material.

Obligations for public spaces

28. (1) Commencing January 1, 2026, a producer shall collect blue box material from public spaces in each eligible community in which an eligible source is allocated to the producer in accordance with this section.

(2) In each calendar year, a producer shall provide a number of blue box receptacles that is equal or greater to the amount determined by the following equation, in each eligible community in which the producer is allocated an eligible source:

A × B / C

where,

  “A”  is the number of residents in the eligible community in the previous calendar year divided by,

(a)  400, if the eligible community has a population equal to or greater than 500,000;

(b)  600, if the eligible community has a population equal to or greater than 30,000, but less than 500,000;

(c)  800, if the eligible community has a population equal to or greater than 5,000, but less than 30,000; and

(d)  1000, if the eligible community has a population less than 5,000, with no less than one blue box receptacle in any eligible community,

  “B”  is the aggregate weight of blue box material in every material category, other than certified compostable products and packaging, reported by the producer under paragraph 3 of subsection 51 (1), and

  “C”  is the aggregate of all weights of blue box material in every material category, other than certified compostable products and packaging, reported under paragraph 3 of subsection 51 (1) by producers that are allocated an eligible source in the eligible community.

Transition, public spaces

29. (1) During the transition period, in each eligible community in which the producer is allocated an eligible source, the producer shall provide blue box receptacles in the same public spaces and in the same quantity as were provided in that eligible community under the WDTA blue box program, as required to be registered under subsection 54 (2).

(2) For greater certainty, a blue box receptacle in a public space provided under this section may be provided by or on behalf of one or more producers and, if it is provided by more than one producer, it may be relied on by each of these producers to satisfy the requirement in this section.

Producer responsibilities, public spaces

30. (1) A producer shall collect blue box material from the blue box receptacles the producer provided under sections 28 and 29 at a frequency that ordinarily results in blue box materials being collected before the receptacles are full.

(2) A producer that provides blue box receptacles under sections 28 and 29 shall,

(a)  provide blue box receptacles that are appropriate for the public space, including with respect to size, durability and signage;

(b)  repair or replace any damaged blue box receptacles it provided within one week of being notified of the damage by the local municipality, local services board or First Nation; and

(c)  where a blue box receptacle is placed in a park or a playground, locate the receptacle at entry or exit points or where persons congregate.

Reserves

31. (1) A producer that is allocated an eligible source in an eligible community that is a reserve shall make an offer to the First Nation to provide collection services under this Part in the reserve.

(2) An offer under subsection (1) shall,

(a)  include details of how the collection services will be provided; and

(b)  be made to the First Nation through the Registry on or before the later of,

(i)  six months prior to the date when the producer is required to provide collection services under this Part in that reserve, and

(ii)  30 days after the allocation table that allocated the producer an eligible source in an eligible community that is a reserve is published on the Registry.

(3) Where an offer is registered by a producer under subsection (2), the Authority shall promptly notify the First Nation of the offer.

(4) The First Nation may accept an offer by registering its acceptance of the offer to the Authority, through the Registry, in accordance with section 60.

(5) Where acceptance of an offer is registered by a First Nation under subsection (4), the Authority shall promptly notify the producer of the acceptance.

(6) An acceptance of an offer under subsection (4) may be used as consent by the producer to collect blue box material on the reserve in accordance with this Regulation.

(7) If an offer is accepted under subsection (4), the producer shall provide collection services starting the later of,

(a)  three months from the date the First Nation registered its acceptance of the offer; and

(b)  the date collection services must be provided to the eligible sources under the allocation table.

(8) A producer shall not provide collection services in a reserve if an offer related to the eligible sources is not accepted under subsection (4).

(9) For greater certainty, if a producer is allocated the same eligible sources in an eligible community that is a reserve under a subsequent allocation table, the producer is not required to make another offer in respect of collection under this Part under subsection (1).

(10) A First Nation that has accepted an offer may revoke its acceptance of the offer at any time by registering its revocation with the Authority, through the Registry, in accordance with section 61.

(11) Where revocation of an offer is registered by a First Nation under subsection (10), the Authority shall promptly notify the producer of the revocation.

(12) If a First Nation has revoked its acceptance of an offer, the producer shall make a subsequent offer to the First Nation to collect blue box material from eligible sources on the reserve.

(13) The subsequent offer shall,

(a)  be made to the First Nation through the Registry;

(b)  include details of how the collection services would resume; and

(c)  be made no later than 30 days following the date that the First Nation revoked its acceptance of an offer under subsection (10).

(14) Where a subsequent offer is registered by a producer under subsection (13), the Authority shall promptly notify the First Nation of the subsequent offer.

(15) The First Nation may accept a subsequent offer by registering its acceptance of the subsequent offer to the Authority, through the Registry, in accordance with section 62.

(16) Where acceptance of a subsequent offer is registered by a First Nation under subsection (15), the Authority shall promptly notify the producer of the acceptance.

(17) Where acceptance of a subsequent offer is registered by a First Nation under subsection (15), the producer shall resume providing collection services within 30 days of the acceptance.

Part V
Alternative Collection System

Producers and alternative collection system

32. A producer may register the establishment and operation of an alternative collection system for one or more material categories of blue box material in accordance with this Part.

Establishment and operation

33. On or after July 1, 2023, a producer may register its establishment and operation of an alternative collection system for blue box material in a material category if, immediately before registration,

(a)  the collection system enabled the producer to collect blue box material for which it is the producer and that is in a material category being registered under section 32;

(b)  the collection system enabled the producer to meet its management obligations under Part VI for the  material categories it registered using only blue box material collected under clause (a);

(c)  any collection sites, such as depots or return-to-retail locations, that were part of the collection system were operated in accordance with clauses 34 (a) to (c); and

(d)  any collection by mail that is part of the collection system was operated in accordance with clauses 35 (a) to (c).

Depot requirements

34. A producer who has registered an alternative collection system for blue box material in a material category that includes collection sites such as depots or return-to-retail locations shall, during every year that the registration applies, ensure that the collection sites are,

(a)  located in every eligible community where the blue box material in respect of which the person is a producer is supplied;

(b)  operated year-round; and

(c)  open during normal business hours.

Mail requirements

35. A producer who has registered an alternative collection system for blue box material in a material category that includes collection by mail shall, during every year that the registration applies, ensure that the collection of blue box material by mail is,

(a)  available in every eligible community where the blue box material in respect of which the person is a producer is supplied;

(b)  operated year-round; and

(c)  postage paid for the consumer.

Revocation of registration

36. A producer’s registration of an alternative collection system for a material category is revoked if, twice in a three-year period, the producer does not meet its management obligation under Part VI for that material category using only blue box material collected through the alternative collection system for which the producer is registered.

Multiple producers

37. For greater certainty, more than one producer may share in the establishment and operation of an alternative collection system.

PART VI
Management

Producer obligation

38. Every producer shall establish and operate a system for managing blue box material in accordance with this Part.

Accounting

39. (1) Subject to subsection (2), beginning in 2023, on or before December 31 of each year, a producer shall account for a weight of recovered resources in each material category that meets or exceeds its management requirement for that material category.

(2) During the transition period, the producer shall use best efforts to comply with subsection (1) as it would read if,

(a)  the management requirement for each material category in 2023 for a producer is reduced by two thirds;

(b)  the management requirement for each material category in 2024 for a producer is reduced by one third; and

(c)  the management requirement for each material category in 2025 is not reduced.

Management requirement for a material category

40. (1) The producer shall determine its management requirement for a material category using the following formula:

Management Requirement = A × B

where,

  “A”  is the weight in tonnes of blue box material in the material category that the producer is required to report in the previous year, pursuant to paragraph 3 of subsection 50 (3) or paragraph 3 of subsection 51 (1), as applicable, and

  “B”  is the recovery percentage for the previous year for a material category, set out in the Table to section 42.

(2) Despite subsection (1), a producer does not have a management requirement for a material category for a year if the weight of “A” in the formula is less than the minimum amount for that material category set out in the Table to section 42.

(3) During the transition period, for purposes of subsection 39 (2), a producer shall use the recovery percentage applicable in 2026.

Recovered resources

41. (1) A producer may only account for recovered resources, in respect of the producer’s management requirement for a material category, that satisfy the requirements set out in subsection (2).

(2) For the purposes of subsection (1), the following requirements must be satisfied:

1.  The recovered resources must be,

i.  marketed for re-use for their original purpose or function, or

ii.  marketed for use in new products or packaging.

2.  The weight of the recovered resources may only be counted one time by the producer and must not be counted by more than one producer.

3.  The recovered resources must be recovered from blue box material supplied to consumers in Ontario.

4.  The recovered resources must have been processed within three months of the registered processor who reported the recovered resources receiving the blue box material from which they were recovered.

(3) A producer may only satisfy a management requirement for a material category with recovered resources that were recovered from blue box material in that material category.

(4) Recovered resources that meet any of the following conditions shall not be accounted for in respect of a producer’s management requirement for a material category:

1.  The recovered resources are supplied for use in a product that is land cover, unless the land cover is,

i.  aggregate and the recovered resources in the aggregate do not account for more than 15 per cent of the producer’s management requirement for any material category, or

ii.  a product that supports soil health or crop growth that is,

A.  created through the combination of the recovered resources with organic matter, and

B.  the recovered resources used for the product are recovered from paper.

2.  The recovered resources are supplied for use in a product that is fuel or a fuel supplement.

3.  The recovered resources are supplied to an incinerator for use in incineration.

4.  The recovered resources are land filled or land disposed by the processor, producer or the producer responsibility organization.

Minimum requirements

42. The minimum amount and recovery percentages for the purposes of section 40 are set out in the following Table:

Table

Material category

Minimum amount under subsection 40 (2)
(in tonnes)

Recovery percentage 2026 - 2029 (expressed as a percentage)

Recovery percentage 2030 onwards (expressed as a percentage)

Paper

9

80

85

Rigid Plastic

2

50

60

Flexible Plastic

2

25

40

Glass

1

75

85

Metal

1

67

75

Beverage Containers

1

75

80

Reporting requirement

43. When a producer reports the recovered resources that the producer used to satisfy a management requirement in the previous calendar year, the producer shall only report recovered resources that,

(a)  the producer recovered, if the producer is a registered processor; or

(b)  a registered processor, other than the producer, recovered, if that registered processor either,

(i)  reported the recovered resources to the Authority through the Registry in the name of the producer, or

(ii)  reported the recovered resource to the Authority in the name of a producer responsibility organization and that producer responsibility organization then reported that resource as allocated to the producer through the Registry under paragraph 4 of subsection 52 (1).

PART VII
Registration, Reporting, Auditing, And Record Keeping

Blue Box Verification and Audit Procedure

44. A person who is required to register, report or submit information under this Part shall do so in accordance with any applicable requirements in the Blue Box Verification and Audit Procedure.

Registration, producers

45. (1) A producer of blue box material supplied to consumers in Ontario on or before October 1, 2021 shall register with the Authority, through the Registry, on or before October 1, 2021 by submitting the information listed in subsection (3).

(2) A producer of blue box material supplied to consumers in Ontario after October 1, 2021 shall register with the Authority, through the Registry, by submitting the information required in subsection (3) within 30 days of becoming a producer.

(3) The following information shall be submitted to the Authority, through the Registry, by producers required to register under subsection (1) or (2):

1.  The name and contact information of the producer and any unique identifier assigned by the Registrar.

2.  The name and contact information of the person responsible for registering the producer.

3.  Subject to subsection (4), the name, contact information and any unique identifier assigned by the Registrar of any producer responsibility organizations retained by the producer, and

i.  a list of collection services provided by the producer responsibility organization to the producer under Part IV or V,

ii.  a list of management services provided by the producer responsibility organization to the producer under Part VI,

iii.  a list of promotion and education services provided by the producer responsibility organization to the producer under Part VIII,

iv.  a list of any other services provided by the producer responsibility organization to the producer, and

v.  whether the collection services under Part IV are expected be provided by the producer responsibility organization for the entire collection period.

4.  If the producer is operating an alternative collection system, a description of the alternative collection system, including each material category of blue box material collected in the alternative collection system.

5.  If the producer is operating a supplemental collection system, a description of the supplemental collection system.

6.  The material categories contained in the blue box material supplied to consumers in Ontario for which the person is a producer.

7.  The following information in respect of blue box material supplied to consumers by the producer in Ontario in 2020, if applicable:

i.  The weight of blue box material in each material category.

ii.  The weight of blue box material in each material category required to be submitted under subparagraph i that was,

A.  deposited into a receptacle at a location that is,

1.  not an eligible source, and

2.  where the product related to the blue box material was supplied and used or consumed, and

B.  collected from an eligible source at the time a related product was installed or delivered.

iii.  The weight of blue box material in each material category required to be submitted under subparagraph i minus the weight of blue box material in each material category required to be submitted under subparagraph ii.

8.  If the producer is required to submit information under paragraph 7 about blue box material in the certified compostable products and packaging material category, the weight of blue box material in that material category certified under each applicable international, national or industry standard.

(4) A producer is not required to submit information under paragraph 3 of subsection (3) if the only agreement between the producer and the producer responsibility organization is a representation agreement registered under section 48.

(5) If there is a change to the information submitted to the Authority in this section, the producer shall submit the updated information to the Authority, through the Registry, within 30 days of the change.

Registration, producer responsibility organizations

46. (1) A producer responsibility organization shall register by submitting the information in subsection (2) to the Authority, through the Registry, on or before the later of,

(a)  30 days from the date this section comes into force; and

(b)  30 days from the date the producer responsibility organization entered into an agreement with a producer.

(2) The following information shall be submitted to the Authority, through the Registry, by producer responsibility organizations required to register under subsection (1):

1.  The name and contact information of the producer responsibility organization and any unique identifier assigned by the Registrar.

2.  The name and contact information of the person responsible for registering the producer responsibility organization.

3.  The name, contact information and any unique identifier assigned by the Registrar to each producer who has entered into an agreement with the producer responsibility organization.

4.  A list of services the producer responsibility organization has agreed to provide for each producer in respect of,

i.  Part IV,

ii.  Part V,

iii.  Part VI,

iv.  Part VIII,

v.  a supplemental collection system, and

vi.  any other obligation in this Regulation.

5.  A list of material categories of blue box material in respect of which the producer responsibility organization provides services under Part V for each producer.

(3) For greater certainty, a reference to entering into an agreement in subsection (1) and paragraph 3 of subsection (2) does not apply to a producer entering into a representation agreement with a producer responsibility organization in accordance with section 48.

(4) If there is a change to the information submitted to the Authority in this section, the producer responsibility organization shall submit the updated information to the Authority, through the Registry, within 30 days of the change.

Registration, allocation table rules

47. (1) A producer responsibility organization that registers for the purposes of section 14 shall submit the following information to the Authority, through the Registry:

1.  The name and contact information of the producer responsibility organization and any unique identifier assigned by the Registrar.

2.  The name, contact information and any unique identifier assigned by the Registrar of each producer with whom the producer responsibility organization has entered into a representation agreement.

(2) For greater certainty, a producer responsibility organization who has registered under this section may revoke the registration if it ceases to be a rule maker under section 14.

(3) If a producer responsibility organization ceases to be a rule maker under section 14, terminates a representation agreement with a producer or enters into a representation agreement with a new producer, the producer responsibility organization shall submit updated information with the Authority, through the Registry, within five days.

Registration, representation agreement

48. (1) A producer that has entered into a representation agreement with a producer responsibility organization referred to in subsection 14 (1) shall register with the Authority, through the Registry, by submitting the information listed in subsection (2) on or before the later of,

(a)  August 1, 2021; and

(b)  five days from the date the producer entered into a representation agreement with the producer responsibility organization.

(2) The following information shall be submitted to the Authority, through the Registry, by producers required to register under subsection (1):

1.  The name and contact information of the producer and any unique identifier assigned by the Registrar.

2.  The name, contact information and any unique identifier assigned by the Registrar of the producer responsibility organization with whom the producer has entered into a representation agreement.

(3) If a producer who is required to register under subsection (1) terminates a representation agreement with a producer responsibility organization, or enters into a representation agreement with another producer responsibility organization, the producer shall submit updated information with the Authority, through the Registry, within five days.

Registration, blue box processors

49. (1) A processor shall register with the Authority, through the Registry, by submitting the information listed in subsection (2) on or before,

(a)  April 1, 2022, if the processor processed blue box material that was supplied to consumers in Ontario on or before January 1, 2021; or

(b)  January 31 of the calendar year immediately following the year in which the processor first processed blue box material that was supplied to consumers in Ontario after January 1, 2021.

(2) The following information shall be submitted to the Authority, through the Registry, by processors required to register under subsection (1):

1.  The name and contact information of the processor and any unique identifier assigned by the Registrar.

2.  The name and contact information of the person responsible for registering the processor.

3.  Each material category of blue box material supplied to consumers in Ontario the processor processes, the location of each site where the processor receives and processes this material and the types of recovered resources that result from the processing.

4.  The name, contact information and any unique identifier assigned by the Registrar of producers and producer responsibility organizations that have agreements with the processor to process blue box material supplied to consumers in Ontario.

(3) If there is a change to the information submitted to the Authority in this section, the processor shall submit the updated information to the Authority, through the Registry, within 15 days of the change.

Initial reports, producers

50. (1) A producer of blue box material supplied to consumers in Ontario in 2021 shall submit an annual report to the Authority, through the Registry, that contains the information listed in subsection (3) in respect of the 2021 calendar year on or before April 30, 2022.

(2) A producer of blue box material supplied to consumers in Ontario in 2022 shall submit an annual report to the Authority, through the Registry, that contains the information listed in subsection (3) in respect of the 2022 calendar year on or before April 30, 2023.

(3) The following information shall be included in an annual report submitted to the Authority, through the Registry, under subsection (1) or (2) by producers:

1.  The weight of blue box material in each material category supplied to consumers in Ontario for which the person was a producer.

2.  The weight of the blue box material in each material category in paragraph 1 that was,

i.  deposited into a receptacle at a location that is,

A.  not an eligible source, and

B.  where the product related to the blue box material was supplied and used or consumed, and

ii.  collected from an eligible source at the time a related product was installed or delivered.

3.  The weight of blue box material in each material category required to be reported in paragraph 1 minus the weight of blue box material in that material category required to be reported in paragraph 2.

Annual report, producers

51. (1) A producer shall submit an annual report to the Authority, through the Registry, that contains the following information:

1.  The weight of the blue box material in each material category supplied to consumers in Ontario in the previous calendar year for which the person was a producer.

2.  The weight of the blue box material in each material category in paragraph 1 that was,

i.  deposited into a receptacle at a location that is,

A.  not an eligible source, and

B.  where the product related to the blue box material was supplied and used or consumed, and

ii.  collected from an eligible source at the time a related product was installed or delivered.

3.  The weight of blue box material in each material category reported in paragraph 1 minus the weight of blue box material in that material category reported in paragraph 2.

4.  If the producer is required to report information under paragraphs 1, 2, or 3 about blue box material in the certified compostable products and packaging material category, the weight of blue box material in that material category certified under each applicable international, national or industry standard.

5.  A description of the actions taken by the producer in the previous calendar year to satisfy the producer’s requirements under Part IV, Part V, Part VI and Part VIII.

6.  A description of the actions taken by producer responsibility organizations, with whom the producer had an agreement in the previous calendar year, to satisfy the producer and producer responsibility organizations’ requirements in Part IV, Part V, Part VI and Part VIII.

7.  If the producer fulfilled any requirements under Part IV without entering into an agreement with a producer responsibility organization, the following information in respect of those requirements, as applicable:

i.  The weight of blue box material collected by the producer.

ii.  The eligible sources allocated to a producer for which the producer provided collection services.

iii.  The eligible communities where the producer provided collection services in respect of public spaces.

iv.  The number of blue box receptacles provided by the producer in each eligible community referred to in subparagraph iii.

8.  If the producer fulfilled any requirements under Part V without entering into an agreement with a producer responsibility organization, the following information in respect of those requirements, as applicable:

i.  The weight of blue box material by material category collected by the producer.

ii.  The location and business hours of all collection sites in the alternative collection system.

iii.  A description of all methods of collection in the alternative collection system.

9.  If the producer fulfilled any requirements under Part VI without entering into an agreement with a producer responsibility organization, the following information in respect of those requirements, as applicable:

i.  A list of every processor that the producer retained to process blue box material supplied to consumers in Ontario.

ii.  Any unique identifier assigned by the Registrar to each processor referred to in subparagraph i.

10.  The producer’s management requirement for each material category calculated in accordance with section 40, the total weight of recovered resources it accounted for in respect of its management requirement in each material category and whether it met or exceeded its management requirement for each material category.

11.  The following amounts related to recovered resources, reported in the name of the producer, by a processor under clause 43 (a), a processor under subclause 43 (b) (i) or a producer responsibility organization under subclause 43 (b) (ii), with amounts related to recovered resources reported by each processor or producer responsibility organization and under each provision reported separately:

i.  The weight of recovered resources the producer accounted for, and reported on, for its management requirement in each material category.

ii.  The weight of recovered resources reported under subparagraph i that was,

A.  marketed for re-use for their original purpose or function in accordance with subparagraph 1 i of subsection 41 (2), and

B.  marketed for use in new products or packaging in accordance with subparagraph 1 ii of subsection 41 (2).

iii.  The weight of materials that would be recovered resources that could be reported under subparagraph i except that they were,

A.  used in a product that is land cover, unless the land cover is,

1.  aggregate and the recovered resources in the aggregate do not account for more than 15 per cent of the producer’s management requirement for any material category, or

2.  a product that supports soil health or crop growth that is created through the combination of the recovered resources with organic matter, and the recovered resources used for the product are recovered from paper,

B.  used in a product that is fuel or a fuel supplement,

C.  supplied to an incinerator for use in incineration, or

D.  landfilled or land disposed by a processor.

iv.  The weight of each amount reported under subparagraphs i, ii and iii that was recovered from blue box material collected under Part IV and Part V.

v.  The weight of each amount reported under subparagraphs i and ii that was recovered from blue box material collected pursuant to a supplemental collection system.

(2) The annual report required by subsection (1) shall be submitted on or before April 30 of each year, beginning in 2024.

(3) The information required to be submitted in subsection (1) is in respect of the calendar year prior to the year the report is required to be submitted.

(4) For greater certainty, a producer is not required to submit an annual report under subsection (1) in the first calendar year in which it is a producer.

(5) Despite subsection (1), a producer that is required to submit an annual report in accordance with subsection (1) in respect of the certified compostable products and packaging material category shall only include the information in paragraphs 1, 2, 3 and 4 of subsection (1) in the annual report in respect of the certified compostable products and packaging material category.

Annual report, producer responsibility organizations

52. (1) A producer responsibility organization shall submit an annual report to the Authority, through the Registry, that contains the following information:

1.  A description of the collection services arranged, established or operated on behalf of each producer that retained the producer responsibility organization, including the following information:

i.  The name and contact information of the producer and any unique identifier assigned by the Registrar.

ii.  If the producer responsibility organization entered into an agreement with the producer to provide collection services pursuant to Part IV, the following information:

A.  The weight of blue box material collected by the producer responsibility organization in accordance with the agreement.

B.  The eligible sources allocated to a producer for which the producer responsibility organization provided collection services.

C.  In respect of collection services provided for public spaces,

1.  the eligible communities where the producer responsibility organization provided collection services, and

2.  the number of blue box receptacles provided by the producer responsibility organization in each eligible community referred to in sub-sub-subparagraph 1.

iii.  If the producer responsibility organization entered into an agreement with the producer to provide collection services in in respect of Part V, the following information:

A.  The weight of blue box material by material category collected by the producer responsibility organization in the alternative collection system.

B.  The location and business hours of all collection sites in the alternative collection system, if any.

C.  A description of all methods of collection in the alternative collection system.

iv.  If the producer responsibility organization entered into an agreement with the producer to provide a supplemental collection system, a description of the supplemental collection system.

2.  A description of the management services arranged, established or operated on behalf of each producer that retained the producer responsibility organization, including,

i.  a list of every processor that the producer responsibility organization retained to process blue box material supplied to consumers in Ontario, and

ii.  any unique identifier assigned by the Registrar to each processor referred to in subparagraph i.

3.  The following weights related to recovered resources a processor reported in the name of the producer responsibility organization under subclause 43 (b) (ii):

i.  The weight of recovered resources producers could account for, and report on, for their management requirement in each material category.

ii.  The weight of recovered resources reported under subparagraph i that was,

A.  marketed for re-use for their original purpose or function in accordance with subparagraph 1 i of subsection 41 (2), and

B.  marketed for use in new products or packaging in accordance with subparagraph 1 ii of subsection 41 (2).

iii.  The weight of materials that would be recovered resources that could be reported under subparagraph i except that they were,

A.  used in a product that is land cover, unless the land cover is,

1.  aggregate and the recovered resources in the aggregate do not account for more than 15 per cent of the producer’s management requirement for any material category, or

2.  a product that supports soil health or crop growth that is created through the combination of the recovered resources with organic matter, and the recovered resources used for the product are recovered from paper,

B.  used in a product that is fuel or a fuel supplement,

C.  supplied to an incinerator for use in incineration, or

D.  landfilled or land disposed by a processor.

iv.  The weight of each amount reported under subparagraphs i, ii and iii that was recovered from blue box material collected under Part IV and Part V.

v.  The weight of each amount reported under subparagraphs i and ii that was recovered from blue box material collected pursuant to a supplemental collection system.

4.  The amount of every weight reported under paragraph 3 that the producer responsibility organization then reported in the name of a producer under subclause 43 (b) (ii), with the amounts reported in the name of each producer reported separately.

(2) The annual report required by subsection (1) shall be submitted on or before April 30 of each year, beginning in 2024.

(3) The information required to be submitted in subsection (1) is in respect of the calendar year prior to the year the report is required to be submitted.

(4) For greater certainty, a producer responsibility organization is not required to submit an annual report under subsection (1) in the first calendar year in which it is a producer responsibility organization.

(5) Despite subsection (1), a producer responsibility organization is not required to provide any information in respect of the certified compostable products and packaging material category.

(6) For greater clarity, all of the information in subsection (1) shall be reported separately for each producer.

Annual report, processors

53. (1) A processor shall submit an annual report to the Authority, through the Registry, that contains the following information:

1.  Weights of the following, with weights in respect of blue box material collected under Part IV, Part V and supplemental collection systems reported separately:

i.  Blue box material supplied to consumers in Ontario received by the processor for processing.

ii.  Blue box material supplied to consumers in Ontario processed by the processor.

iii.  Recovered resources recovered from blue box material referred to in subparagraph ii.

iv.  Recovered resources referred to in subparagraph iii that were recovered from blue box material in each material category.

2.  The following amounts related to recovered resources reported by the processor in its own name under clause 43 (a), for a producer under subclause 43 (b) (i) and for a producer responsibility organization under subclause 43 (b) (ii), with amounts related to recovered resources reported under each provision and for each producer or producer responsibility organization reported separately:

i.  The weight of recovered resources a producer could account for, and report on, for its management requirement in each material category.

ii.  The weight of recovered resources reported under subparagraph i that was,

A.  marketed for re-use for their original purpose or function in accordance with subparagraph 1 i of subsection 41 (2), and

B.  marketed for use in new products or packaging in accordance with subparagraph 1 ii of subsection 41 (2).

iii.  The weight of materials that would be recovered resources that could be reported under subparagraph i except that they were,

A.  used in a product that is land cover, unless the land cover is,

1.  aggregate and the recovered resources in the aggregate do not account for more than 15 per cent of the producer’s management requirement for any material category, or

2.  a product that supports soil health or crop growth that is created through the combination of the recovered resources with organic matter, and the recovered resources used for the product are recovered from paper,

B.  used in a product that is fuel or a fuel supplement,

C.  supplied to an incinerator for use in incineration, or

D.  landfilled or land disposed by a processor.

iv.  The weight of each amount reported under subparagraphs i, ii and iii that was recovered from blue box material collected under Part IV and Part V.

v.  The weight of each amount reported under subparagraphs i and ii that was recovered from blue box material collected pursuant to a supplemental collection system.

(2) The annual report required by subsection (1) shall be submitted on or before April 30 of each year, beginning in 2024.

(3) The information required to be submitted in subsection (1) is in respect of the calendar year prior to the year the report is required to be submitted.

(4) For greater certainty, a processor is not required to submit an annual report under subsection (1) in the first calendar year in which it is a processor.

(5) Despite subsection (1), a processor is not required to provide any information in respect of the certified compostable products and packaging material category.

Eligible communities

54. (1) Where an eligible community is included in the Blue Box Transition Schedule, the applicable local municipality, local services board or First Nation shall submit the information listed in subsection (2) to the Authority, through the Registry, on or before,

(a)  September 30, 2021, if the eligible community is a local municipality or local services board area; and

(b)  November 30, 2021, if the eligible community is a reserve.

(2) The following information shall be submitted to the Authority, through the Registry, by the applicable local municipality, local services board or First Nation required to register under subsection (1):

1.  The number of residents and residences in the eligible community.

2.  The municipality, local services board, First Nation or other entity that provides the WDTA blue box program and garbage collection in the eligible community.

3.  The contact information of the person responsible for waste management in the eligible community.

4.  The number of residences that received collection services pursuant to the WDTA blue box program in the eligible community.

5.  The criteria or conditions used to determine which facilities were included in the WDTA blue box program in the eligible community on August 15, 2019.

6.  The number of facilities in the eligible community that received collection services pursuant to the WDTA blue box program.

7.  The number of blue box receptacles in a public space in the eligible community that receive collection under the WDTA blue box program.

Transition

55. (1) Where an eligible community is included in the Blue Box Transition Schedule, the applicable local municipality, local services board or First Nation shall submit the information in subsection (2) to the Authority, through the Registry, on or before the following dates:

1.  September 30, 2021, in the case of a local municipality or local services board area that is required to receive collection services pursuant to this Regulation in 2023.

2.  November 30, 2021, in the case of a reserve that is required to receive collection services pursuant to this Regulation in 2023.

3.  August 31, 2022, in the case of a local municipality, local services board area or reserve that is required to receive collection services pursuant to this Regulation in 2024.

4.  August 31, 2023, in the case of a local municipality, local services board area or reserve that is required to receive collection services pursuant to this Regulation in 2025.

(2) The following information shall be submitted to the Authority, through the Registry, by a local municipality, local services board or First Nation required to register under subsection (1):

1.  The location of residences that receive curbside garbage collection in the eligible community.

2.  The location of residences that receive depot garbage collection in the eligible community.

3.  The location of every garbage depot collection site in the eligible community.

4.  The location of residences that receive curbside collection under the WDTA blue box program in the eligible community.

5.  The location of residences that receive depot collection under the WDTA blue box program in the eligible community.

6.  The location of facilities in the eligible community that receive collection services pursuant to the WDTA blue box program.

7.  A description of a method pursuant to which additional information about the addresses of residences and facilities in the eligible community that receive collection under its garbage collection program and the WDTA blue box program can be provided.

8.  The location of each blue box receptacle in a public space in the eligible community that received collection under the WDTA blue box program.

9.  A list of materials that are collected under the WDTA blue box program in the eligible community.

10.  The frequency at which residences in the eligible community receive collection under the WDTA blue box program.

11.  The number of collection streams in the eligible community under the WDTA blue box program.

12.  The location of every depot collection site in the eligible community under the WDTA blue box program.

13.  The languages used for communications about the WDTA blue box program in the eligible community.

Outside Transition Schedule

56. Where an eligible community is not included in the Blue Box Transition Schedule, the applicable local municipality, local services board or First Nation shall submit the information described in paragraphs 1, 2 and 3 of subsection 54 (2) or paragraphs 1, 2, 3 and 7 of subsection 55 (2) to the Authority, through the Registry, on or before the later of,

(a)  December 31, 2024; and

(b)  in the case of a reserve, 90 days after the date a First Nation registered the reserve as an eligible community under section 59.

Change

57. If there is a change to the information submitted to the Authority through the Registry under section 54, 55 or 56, the applicable local municipality, local services board or First Nation shall submit the updated information to the Authority, through the Registry, within 30 days of the change.

Who may submit

58. (1) For greater certainty, any information required to be submitted to the Authority through the Registry by a local municipality, local services board or First Nation may be submitted by any person acting under the authority or direction of the local municipality, local services board or First Nation, as the case may be.

(2) For greater certainty, any information required to be submitted to the Authority through the Registry by a producer, other than information required to be submitted under paragraphs 1 to 6 of subsection 45 (3), may be submitted by any person acting under the authority or direction of the producer, including by a producer responsibility organization.

First Nation registering

59. A First Nation may register a reserve to be an eligible community by submitting to the Authority, through the Registry, the contact information of the person responsible for waste management.

First Nation accepting

60. Where a First Nation accepts an offer of collection services in accordance with subsection 31 (4), the First Nation shall register its acceptance with the Authority, through the Registry, and identify the producer or producer responsibility organization that made the offer.

First Nation revoking

61. Where a First Nation revokes its acceptance of an offer of collection services in accordance with subsection 31 (10), the First Nation shall revoke the registration made under section 60.

First nation, subsequent offer

62. Where a First Nation accepts a subsequent offer of collection services in accordance with subsection 31 (15), the First Nation shall register its acceptance with the Authority, through the Registry, and identify the producer or producer responsibility organization that made the offer.

Registration, facilities

63. (1) Where a facility is not an eligible source during the transition period, a person responsible for the operation of the facility may register with the Authority, through the Registry, under this section for the facility to become an eligible source in accordance with section 4.

(2) Registration under this section constitutes consent by the person responsible for the operation of the facility for any of the following persons to collect blue box material from the facility:

1.  Any producer that is required to provide collection services to the facility under this Regulation.

2.  A producer responsibility organization that has entered into an agreement with a producer mentioned in paragraph 1 in respect of collection services.

(3) For greater certainty, a person responsible for the operation of the facility that has registered with the Authority, through the Registry, may revoke the registration under subsection (1) at any time.

Brewers Retail Inc. and the LCBO

64. (1) The Brewers Retail Inc. and the Liquor Control Board of Ontario shall each submit an annual report to the Authority, through the Registry, on or before April 30, 2027, and on before April 30 of each year thereafter, that contains the following information:

1.  The weight of alcoholic beverage products and packaging the Brewers Retail Inc. or the Liquor Control Board of Ontario, as applicable, distributed to businesses or supplied to consumers in the previous calendar year, with the weights of materials described in clauses (a), (b) and (c) of the definition of “alcoholic beverage products and packaging” in subsection 1 (1) reported separately.

2.  The weight of recovered resources the Brewers Retail Inc. or the Liquor Control Board of Ontario, as applicable, recovered in the previous calendar year from alcoholic beverage products and packaging reported in paragraph 1, with the weights recovered from materials described in clauses (a), (b) and (c) of the definition of “alcoholic beverage products and packaging” in subsection 1 (1) reported separately.

3.  If, in respect of materials described in clause (a) of the definition of “alcoholic beverage products and packaging”, the weight required to be reported under paragraph 2 is less than 85 per cent of the weight required to be reported under paragraph 1, an explanation of why the weight required to be reported under paragraph 2 is less than 85 percent of the weight required to be reported under paragraph 1, and how the Brewers Retail Inc. or the Liquor Control Board of Ontario, as applicable, could improve the recovery percentage.

4.  A description of how the Brewers Retail Inc. or the Liquor Control Board of Ontario, as applicable, recovered alcoholic beverage products and packaging.

(2) In addition to the information described in subsection (1), an annual report required to be prepared by the Brewers Retail Inc. under subsection (1) shall contain the following information:

1.  A list of all brewers participating in its container return program in the previous calendar year.

2.  A list of addresses of the return locations that operated in the previous calendar year.

(3) The information required to be submitted in subsections (1) and (2) is in respect of the calendar year prior to the year the report is required to be submitted.

(4) The Liquor Control Board of Ontario may consent to the Brewers Retail Inc. preparing and submitting the annual report required to be submitted under subsection (1) for the Liquor Control Board of Ontario.

(5) The Authority may not recover its costs by requiring the Brewers Retails Inc. or the Liquor Control Board of Ontario to pay fees, costs and charges imposed under section 41 of the Act.

(6) An annual report required to be submitted under subsection (1) must be prepared in accordance with the Blue Box Verification and Audit Procedure and, before submission, must be audited by an independent auditor who is licenced or holds a certificate of authorization under the Public Accounting Act, 2004.

Records

65. Every producer, producer responsibility organization and processor shall keep the following records in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from the date of creation, as applicable:

1.  Records related to arranging, establishing or operating a collection and management system for the purpose of fulfilling responsibilities relating to blue box material.

2.  Records related to information required to be submitted to the Authority through the Registry.

3.  Records related to arranging, establishing or operating a promotion and education program required under this Regulation.

4.  Records related to the weight of blue box material supplied to consumers in Ontario for which the person is a producer.

5.  Any agreements that relate to the information described in this section.

Small producers

66. If section 73 applies to a producer, the producer shall keep any records which demonstrate that its annual revenue is less than the amount set out in section 73 in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from the date of creation.

Audit, management systems

67. (1) On or before April 30, 2027, and every third year after that, a producer shall cause an audit to be undertaken of the practices and procedures the producer implemented in respect of Part VI in the three immediately preceding calendar years.

(2) On or before April 30 in any year in which an audit is required under subsection (1), a producer shall prepare and submit a copy of a report on the audit to the Authority, through the Registry, that includes the following information:

1.  A summary of the analysis in the audit of the information submitted by the producer in its annual report under paragraphs 7, 8, 9, 10 and 11 of subsection 51 (1).

2.  A summary of the opinion provided by the auditor on whether the producer complied with its obligations under Part VI during the three calendar years subject to the audit.

(3) The audit required by subsection (1) must be conducted by an independent auditor who is licenced or holds a certificate of authorization under the Public Accounting Act, 2004 and in accordance with the procedures set out in the Blue Box Verification and Audit Procedure.

(4) If a person ceases to be a producer during any of the three years preceding the date on which the report required by subsection (2) is due, the person shall cause an audit to be undertaken for the years during which the person was a producer and shall submit the report required in subsection (2) with necessary modifications.

Access to information and privacy

68. Information and data submitted under this Regulation to the Authority, through the Registry, shall not be posted on the Registry unless it is posted in a manner that is consistent with the “Access and Privacy Code” published by the Authority and dated December 14, 2017, as amended from time to time, and available on the website of the Registry.

PART VIII
Promotion and Education

Promotion and education, producers

69. (1) Every producer who is required to establish and operate a system for collecting blue box material under Part IV, or who registers the establishment and operation of an alternative collection system for a material category under Part V, shall implement a promotion and education program in accordance with this Part.

(2) Every producer responsibility organization that is required to register an agreement to provide promotion and education services on behalf of a producer under section 46 is required to establish and operate a promotion and education system in respect of the collection systems for which the producer responsibility organization has agreed to provide promotion and education services to a producer described in subsection (1) of this section in accordance with this Part.

(3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies.

Information to be included

70. (1) A promotion and education program in respect of collection provided by a producer under Part IV must disseminate the following information:

1.  A list of blue box material that may be deposited into blue box receptacles.

2.  A list of materials that cannot be deposited into blue box receptacles.

3.  A description of how blue box receptacles can be replaced, or how additional blue box receptacles can be requested.

4.  A description of how the producer will fulfil its collection responsibilities, including,

i.  if the producer provides curbside collection for an eligible source, the dates on which collection will occur, and

ii.  if the producer provides depot collection, the location of every depot collection site and its hours of operation.

5.  A telephone number and email address, at which persons may,

i.  receive responses to questions or concerns relating to collection,

ii.  indicate that the blue box receptacles are inappropriately large for their location or not able to ordinarily store all of the blue box material deposited at that location until the next collection time, and

iii.  request additional or new blue box receptacles.

(2) During the transition period, the promotion and education program must also include the dissemination of the following information:

1.  A description of any significant change from the WDTA blue box program that was previously provided in the eligible community, including any change to what material may be included in the blue box receptacle and any change in sorting procedures.

2.  A description about how to prepare materials for placement in the blue box receptacle, including any direction about rinsing or flattening blue box material.

3.  A description about how materials should be sorted or bagged.

Information, alternative collection system

71. A promotion and education program in respect of an alternative collection system registered in accordance with Part V must disseminate the following information:

1.  A description of which blue box materials are collected by the alternative system.

2.  A description of how the alternative collection system will operate, including,

i.  if the collection system includes collection events or similar initiatives, the date and time of the events or initiatives,

ii.  if the collection systems includes the pickup of blue box material, how persons can arrange for the pickup, and

iii.  if the collection system includes depots or return-to-retail locations, their location and hours of opening.

Forms of promotion

72. (1) The promotion and education programs under sections 70 and 71 shall be provided in both of the following forms:

1.  On a publicly accessible website.

2.  In print, and delivered by mail to each eligible source for which the producer has collection responsibilities at least once per year.

(2) The promotion and education program shall be provided in French and English.

(3) In addition to the requirements under subsection (2), during the transition period the promotion and education program shall be provided in the languages used for communications about the WDTA blue box program in an eligible community.

Part IX
General

Exemption, small producers

73. Any producer whose annual revenue from products and services is less than $2,000,000 is exempt from the following parts of this Regulation:

1.  Part III.

2.  Part IV.

3.  Part VI.

4.  Part VII, other than section 66.

5.  Part VIII.

Ownership

74. Unless otherwise set out in an agreement with an applicable producer or producer responsibility organization, the owner or operator of an eligible source does not own the blue box receptacles provided under this Regulation.

Part X (omitted)

75. Omitted (provides for amendments to this Regulation).

Part XI (omitted)

76. Omitted (provides for coming into force of provisions of this Regulation).

 

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