O. Reg. 554/22: ELECTRICAL AND ELECTRONIC EQUIPMENT
filed December 9, 2022 under Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1
Skip to contentontario regulation 554/22
made under the
Resource Recovery and Circular Economy Act, 2016
Made: December 8, 2022
Filed: December 9, 2022
Published on e-Laws: December 9, 2022
Printed in The Ontario Gazette: December 24, 2022
Amending O. Reg. 522/20
(ELECTRICAL AND ELECTRONIC EQUIPMENT)
1. The definition of “volunteer organization” in section 1 of Ontario Regulation 522/20 is revoked and the following substituted:
“volunteer organization” means a person who owns a brand that is used in respect of EEE and is not resident in Canada. (“organisme bénévole”)
2. The Regulation is amended by adding the following section:
Producer responsibility organization
5.1 (1) For the purposes of paragraph 2 of subsection 61 (2) of the Act, the condition that must be met by a person in respect of EEE is that the person must be a producer responsibility organization.
(2) For the purposes of clause 61 (6) (c) of the Act, the criterion that the person must satisfy is that the person must be a producer responsibility organization or a producer.
(3) For the purposes of clause 62 (1) (d) of the Act, the criterion that the person must satisfy is that the person must be a producer responsibility organization or a producer.
3. Sections 6 and 7 of the Regulation are revoked.
4. Section 8 of the Regulation is amended by adding “in respect of that ITT/AV or lighting, as the case may be” at the end.
5. Section 9 of the Regulation is amended by adding the following subsections:
(2) Every producer responsibility organization that has entered into an agreement with a producer to provide collection services under this Part for a category of EEE is required to satisfy the requirements set out in this Part that apply to that producer with respect to each category of EEE covered in that agreement.
(3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies.
6. (1) Clauses 12 (7) (a) and (b) of the Regulation are revoked and the following substituted:
(a) the operator may notify a large producer of EEE that falls into the same category collected at the site; and
(b) the producer referred to in clause (a) shall collect all of the EEE of which it was notified from the site within one year from the day the producer was notified.
(2) Clauses 12 (8) (a) and (b) of the Regulation are revoked and the following substituted:
(a) the operator may notify a large producer of EEE that falls into the same category collected at the site; and
(b) the producer referred to in clause (a) shall collect all of the EEE of which it was notified from the site within one year from the day the producer was notified.
7. Section 13 of the Regulation is amended by adding the following subsections:
(2) Every producer responsibility organization that has entered into an agreement with a producer to provide management services under section 15 for a category of EEE is required to satisfy the requirements set out in that section that apply to that producer with respect to that category of EEE.
(3) In section 15, a reference to a producer includes a producer responsibility organization to which subsection (2) applies.
8. Section 15 of the Regulation is amended by striking out “or a producer responsibility organization” in the portion before clause (a).
9. The Regulation is amended by adding the following section:
Resource recovery charges
19.1 Every producer and every person who markets EEE to consumers in Ontario and who identifies, in an advertisement, invoice, receipt or similar record in connection with the supply of EEE, a separate charge that relates to resource recovery or waste reduction of EEE shall implement a promotion and education program by providing the following information at the time the charge is identified:
1. The person responsible for imposing the charge.
2. How the charge will be used to collect, reduce, reuse, recycle and recover EEE.
10. Section 20 of the Regulation is revoked and the following substituted:
Registration, producers
20. (1) Every producer who markets ITT/AV or lighting in Ontario shall register with the Authority, through the Registry, by submitting the information set out under subsection (2) within 30 days of marketing the applicable category of EEE in Ontario.
(2) The information referred to in subsection (1) is the following:
1. The producer’s name, contact information and any unique identifier assigned by the Registrar.
2. The category to which the EEE referred to in subsection (1) belongs.
3. The name, contact information and any unique identifier assigned by the Registrar of any producer responsibility organization retained by the producer.
4. The name and contact information of an employee of the producer who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date.
5. The date the producer first marketed the applicable category of EEE in Ontario.
(3) The producer shall submit updated information within 15 days after any change to the information required under subsection (2).
Submission of registration information by volunteer organization
20.1 (1) A producer of EEE who is not the brand holder of the EEE may enter into a written agreement that authorizes a volunteer organization that owns a brand used in respect of EEE to submit information set out under section 20 on behalf of the producer.
(2) A volunteer organization that enters into an agreement referred to in subsection (1) shall submit the information set out under section 20 on behalf of the producer at least 15 days before the producer is required to register under that section and shall also submit the following information:
1. The volunteer organization’s name, contact information and any unique identifier assigned by the Registrar.
2. The name, contact information and any unique identifier assigned by the Registrar of any producer responsibility organization retained by the volunteer organization.
3. The name and contact information of an employee of the volunteer organization who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date.
4. The brand of EEE in respect of which the volunteer organization is a brand holder who owns the brand and in respect of which the registration relates.
(3) The volunteer organization shall submit updated information within 15 days after any change to the information required under subsection (2) or 20 (2).
11. Subsections 22 (1) and (2) of the Regulation are revoked and the following substituted:
Registration, EEE haulers, processors and refurbishers
(1) Every EEE hauler and EEE processor that arranges for the transport of or that processes either ITT/AV or lighting shall register with the Authority, through the Registry, within 30 days of the applicable category of EEE being transported or processed, by submitting the information set out under subsection (3).
(2) Every EEE refurbisher that refurbishes 10 tonnes or more of ITT/AV or lighting for the purpose of fulfilling producer responsibilities in a calendar year shall register with the Authority, through the Registry, on or before January 31 in the calendar year immediately following the year in which the applicable category of EEE was refurbished, by submitting the information set out under subsection (3).
12. Sections 23 and 24 of the Regulation are revoked and the following substituted:
Initial report, collection and management of lighting
23. (1) Every producer of lighting who marketed lighting in Ontario between January 1, 2018 and November 30, 2022 shall, on or before April 30, 2023, submit a report to the Authority, through the Registry, that complies with subsection (2).
(2) The report referred to in subsection (1) must contain a description of how the producer is fulfilling or plans to fulfil their responsibilities relating to lighting, including the following:
1. The location of each EEE collection site that is part of the producer’s collection system, and the name and contact information of the operator of the site.
2. The name, contact information and any unique identifier assigned by the Registrar of each EEE hauler, EEE processor, EEE refurbisher, battery hauler, battery processor and battery refurbisher that is part of the producer’s collection or management system.
3. A description of any collection services provided by the producer that are available other than at an EEE collection site, including the name and contact information of the person who owns, operates or provides the service.
Initial report, producers
24. On or before April 30, 2023, every producer who supplied lighting in Ontario in 2021 and who marketed lighting in Ontario between January 1, 2018 and November 30, 2022 shall submit a report to the Authority, through the Registry, that contains the following information:
1. The weight of lighting supplied in Ontario in 2021 by the producer.
2. With respect to the lighting supplied in Ontario in 2021, the weight, if any,
i. of post-consumer recycled glass or plastic content contained in the lighting, or
ii. of post-consumer recycled content contained in the batteries in the lighting.
13. (1) Subsection 25 (1) of the Regulation is revoked and the following substituted:
Annual report, producers and volunteer organizations
(1) Every producer of ITT/AV and every producer of lighting who is required to register under subsection 20 (1) shall submit a report to the Authority, through the Registry, that complies with subsection (2),
(a) on or before April 30 in each year, with respect to producers of ITT/AV; and
(b) on or before April 30, 2024 and on or before April 30 in each subsequent year, with respect to producers of lighting.
(2) Subsections 25 (3) and (4) of the Regulation are revoked.
14. The Regulation is amended by adding the following section:
Submission of reports by third parties
25.1 (1) A producer may enter into a written agreement that authorizes a third party, including a volunteer organization, to submit a report under this Part on behalf of the producer.
(2) If the third party that submits a report under subsection (1) is a volunteer organization, the volunteer organization shall submit the report on behalf of the producer at least 15 days before the producer is required to submit the report.
15. Clause 26 (1) (a) of the Regulation is revoked and the following substituted:
(a) on or before April 30 in each year, with respect to producer responsibility organizations for ITT/AV; and
16. Clause 27 (1) (a) of the Regulation is revoked and the following substituted:
(a) on or before April 30 in each year, with respect to EEE haulers of ITT/AV; and
17. Clause 28 (1) (a) of the Regulation is revoked and the following substituted:
(a) on or before April 30 in each year, with respect to EEE processors of ITT/AV; and
18. Clause 29 (1) (a) of the Regulation is revoked and the following substituted:
(a) on or before April 30 in each year, with respect to EEE refurbishers of ITT/AV; and
Commencement
19. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Sections 2, 5, 6, 7, 8 and 9 come into force on the later of January 1, 2023 and the day this Regulation is filed.