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ontario regulation 174/23

made under the

Resource Recovery and Circular Economy Act, 2016

Made: June 22, 2023
Filed: June 27, 2023
Published on e-Laws: June 27, 2023
Published in The Ontario Gazette: July 15, 2023

Amending O. Reg. 391/21

(BLUE BOX)

1. The definition of “supplemental collection system” in subsection 1 (1) of Ontario Regulation 391/21 is revoked and the following substituted:

“supplemental collection system” means a collection system, other than a collection system established and operated under Part IV or Part V, in which blue box material supplied to consumers in Ontario is collected and that is registered in accordance with subsection 31.2 (2); (“système de collecte complémentaire”)

2. The Regulation is amended by adding the following Part:

Part IV.1
supplemental collection system

Supplemental collection system

31.2 (1) A producer may elect to register a collection system as a supplemental collection system if the producer establishes and operates the system.

(2) A producer who has elected to register a collection system under subsection (1) may do so by submitting the information mentioned in paragraph 5 of subsection 45 (3) to the Authority, through the Registry, as part of the producer’s registration.

(3) For the purposes of this section,

(a) two or more producers may share in the establishment and operation of a system;

(b) a person may establish and operate a system on behalf of one or more producers; and

(c) if a person is establishing and operating a system on behalf of a producer, the producer shall ensure that there is a written agreement between the producer and that person with respect to the establishment and operation of the system.

3. Section 37 of the Regulation is revoked and the following substituted:

Multiple producers, etc.

37. For the purposes of this Part,

(a) two or more producers may share in the establishment and operation of a system;

(b) a person may establish and operate a system on behalf of one or more producers; and

(c) if a person is establishing and operating a system on behalf of a producer, the producer shall ensure that there is a written agreement between the producer and that person with respect to the establishment and operation of the system.

4. Section 40 of the Regulation is revoked and the following substituted:

Management requirement

40. (1) The producer shall determine its management requirement for a material category for a year 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,

(a) if the management requirement is for 2023, under paragraph 3 of subsection 50 (3),

(b) if the management requirement is for 2024, under paragraph 3 of subsection 50 (3)

or, if applicable, paragraph 2 of subsection 50 (4), or

(c) if the management requirement is for 2025 or any subsequent year, under paragraph 3 of subsection 51 (1), and

“B” is,

(a) if the management requirement is for 2023, 2024 or 2025, the recovery percentage for 2026 for the material category, as set out in the Table to section 42, and

(b) if the management requirement is for 2026 or any subsequent year, the recovery percentage for the applicable year for the material category, as set out in the Table to section 42.

(2) If, when applying subsection (1) to determine the management requirement for a material category for a year, the weight of “A” in the formula under subsection (1) is less than the minimum amount for that material category set out in the Table to section 42, section 39 does not apply to the producer in respect of the material category in that year.

5. Section 41 of the Regulation is amended by adding the following subsections:

(3.1) With respect to the management requirement for 2024, no producer shall satisfy the requirement with recovered resources from blue box material, the weight of which was reported in paragraph 2 of subsection 50 (3) or, if applicable, paragraph 1 of subsection 50 (4).

(3.2) No producer shall satisfy a management requirement with recovered resources from blue box material, the weight of which was reported in paragraph 2 of subsection 51 (1).

6. (1) Paragraph 5 of subsection 45 (3) of the Regulation is amended by striking out “is operating a supplemental collection system” and substituting “is electing to register a collection system as a supplemental collection system”.

(2) Paragraphs 7 and 8 of subsection 45 (3) of the Regulation are revoked.

7. Section 50 of the Regulation is amended by adding the following subsections:

(4) A producer may elect to submit a revised annual report to the Authority, on or before July 31, 2023, replacing the information reported under paragraphs 2 and 3 of subsection (3) with the following information:

1. For each material category other than the beverage container material category, the sum of the following weights of blue box material that were included in the weight required to be reported in paragraph 1 of subsection (3):

i. Subject to subsection (5), the weight that was collected from a business or an institution, including an office, a store, a shopping mall, a restaurant, a hotel, a hospital, a community centre, a place of worship, a recreation facility, a sports venue, an entertainment venue, a university, a college, a manufacturing facility, a golf course, a cemetery and an amusement park.

ii. The weight that was collected from a residence or facility at the time a related product was installed or delivered.

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

(5) The weight mentioned in subparagraph 1 i of subsection (4) shall not include the weight of any of the following blue box material:

1. Material collected under an alternative collection system registered in accordance with Part V.

2. Material collected under a supplemental collection system.

3. Material that is generated at a facility as described in subsection 27 (2).

4. Material that is collected from a residence through a curbside or depot collection service.

5. Material that is collected from a public space.

8. (1) Paragraph 2 of subsection 51 (1) of the Regulation is revoked and the following substituted:

2. For each material category other than the beverage container material category, the sum of the following weights of blue box material that were included in the weight required to be reported under paragraph 1:

i. Subject to subsection (1.1), the weight that was collected from a business or an institution, including an office, a store, a shopping mall, a restaurant, a hotel, a hospital, a community centre, a place of worship, a recreation facility, a sports venue, an entertainment venue, a university, a college, a manufacturing facility, a golf course, a cemetery and an amusement park.

ii. The weight that was collected from a residence or facility at the time a related product was installed or delivered.

(2) Section 51 of the Regulation is amended by adding the following subsection:

(1.1) The weight mentioned in subparagraph 2 i of subsection (1) shall not include the weight of any of the following blue box material:

1. Material collected under an alternative collection system registered in accordance with Part V.

2. Material collected under a supplemental collection system.

3. Material that is generated at a facility as described in subsection 27 (2).

4. Material that is collected from a residence through a curbside or depot collection service.

5. Material that is collected from a public space.

(3) Subsection 51 (2) of the Regulation is amended by striking out “April 30” and substituting “May 31”.

9. (1) Subparagraph 1 iv of subsection 52 (1) of the Regulation is amended by striking out “provide” and substituting “establish and operate”.

(2) Subsection 52 (2) of the Regulation is amended by striking out “April 30” and substituting “May 31”.

10. Subsection 53 (2) of the Regulation is amended by striking out “April 30” and substituting “May 31”.

11. Subsection 64 (1) of the Regulation is amended by striking out “on or before April 30, 2027, and on before April 30” in the portion before paragraph 1 and substituting “on or before May 31, 2027 and on or before May 31”.

12. (1) Subsection 67 (1) of the Regulation is amended by striking out “April 30” and substituting “May 31”.

(2) Subsection 67 (2) of the Regulation is amended by striking out “April 30” in the portion before paragraph 1 and substituting “May 31”.

Commencement

13. This Regulation comes into force on the later of July 1, 2023 and the day this Regulation is filed.

 

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