O. Reg. 555/24: TIRES, Filed December 19, 2024 under Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1
ontario regulation 555/24
made under the
Resource Recovery and Circular Economy Act, 2016
Made: December 12, 2024
Filed: December 19, 2024
Published on e-Laws: December 19, 2024
Published in The Ontario Gazette: January 4, 2025
Amending O. Reg. 225/18
(TIRES)
1. (1) Subsection 1 (1) of Ontario Regulation 225/18 is amended by adding the following definitions:
“average weight of supply” means, when used in reference to a producer with respect to a calendar year, the applicable number calculated in accordance with subsection 4 (1); (“poids moyen de produit fourni”)
“council of the band” has the same meaning as in the Indian Act (Canada); (“conseil de bande”)
“Far North” has the same meaning as in the Far North Act, 2010; (“Grand Nord”)
“local services board” has the same meaning as “Board” as defined in section 1 of the Northern Services Boards Act; (“régie locale des services publics”)
“small tire” means a tire that has an actual weight of one kilogram or more but less than five kilograms; (“petit pneu”)
(2) The definition of “producer” in subsection 1 (1) of the Regulation is amended by striking out “of this Regulation” at the end.
(3) The definition of “tire type” in subsection 1 (1) of the Regulation is revoked and following substituted:
“tire type” means,
(a) large tires, or
(b) tires other than large tires; (“type de pneus”)
2. The Regulation is amended by adding the following section:
Population
1.1 A reference in this Regulation to the population of a municipality or territorial district in a calendar year is a reference to the population as reported by Statistics Canada in the most recent official census that was published before the preceding calendar year.
3. (1) Subclause 3 (1) (a) (i) of the Regulation is amended by adding “subject to subsection (4)” at the beginning.
(2) Section 3 of the Regulation is amended by adding the following subsection:
(4) For the purposes of subclause (1) (a) (i), if there are two or more manufacturers of the vehicle, the producer is the manufacturer most directly connected to the production of the vehicle.
4. (1) Subsection 3.1 (1) of the Regulation is amended by striking out “sections 6 to 10 and clause 11 (2) (a)” and substituting “sections 6 to 10.1 and clause 11 (2) (a) or 12 (3) (a), as the case may be”.
(2) Subsection 3.1 (2) of the Regulation is amended by striking out “sections 6 to 10 and clause 11 (2) (a)” and substituting “sections 6 to 10.1 and clauses 11 (2) (a) and 12 (3) (a)”.
5. Section 4 of the Regulation is revoked and the following substituted:
Determination of average weight of supply
4. (1) For the purposes of this Regulation, a producer’s average weight of supply in respect of tires and in respect of a calendar year is determined using the formula,
(Y3 + Y4 + Y5) / 3
in which,
“Y3” is the calculated weight of the producer’s tires supplied or provided on vehicles supplied in Ontario in the calendar year three years prior,
“Y4” is the calculated weight of the producer’s tires supplied or provided on vehicles supplied in Ontario in the calendar year four years prior, and
“Y5” is the calculated weight of the producer’s tires supplied or provided on vehicles supplied in Ontario in the calendar year five years prior.
(2) The producer shall calculate the producer’s average weight of supply for a calendar year using the data submitted under paragraph 4 of subsection 18 (2) with respect to each of Y3, Y4 and Y5.
Exemptions, etc.
4.1 (1) A producer is exempt from sections 5 to 10.1 and 26 in a calendar year if the producer’s average weight of supply for that calendar year is less than 1,175 kilograms.
(2) Sections 6 to 8 do not apply to a producer who, in the previous calendar year, only supplied large tires or vehicles on which large tires were provided.
6. (1) Subsection 5 (1) of the Regulation is revoked and the following substituted:
Tire collection system, producer requirements
(1) In every calendar year, producers shall establish and operate a collection system for tires in accordance with the applicable requirements set out in sections 6 to 10.1.
(2) Subsection 5 (2) of the Regulation is amended by striking out “6 to 10” at the end and substituting “6 to 10.1”.
7. Section 6 of the Regulation is revoked and the following substituted:
Tire collection, large producers
6. Every producer with an average weight of supply in a calendar year that is at least 11,765 kilograms shall ensure that the requirements in either paragraph 1 or 2 are satisfied with respect to the collection system in that calendar year:
1. The producer shall ensure the following:
i. In each local municipality that had, at any point in the previous calendar year, one or more retail locations that supplied the producer’s tires or vehicles on which their tires were provided to consumers, as many tire collection sites as are equal to or greater than 75 per cent of the highest number of those retail locations that were operating at the same time during the previous calendar year, rounded up to the nearest whole number, are established and operated.
ii. In each local municipality with a population of 5,000 or more in the calendar year but that did not have, at any point in the previous calendar year, a retail location that supplied the producer’s tires or vehicles on which their tires are provided to consumers, at least one tire collection site is established and operated.
iii. In each territorial district that had, at any point in the previous calendar year, one or more retail locations that supplied the producer’s tires or vehicles on which their tires were provided to consumers, at least one tire collection site is established and operated within 30 kilometers of each of those retail locations.
iv. In each territorial district with a population of 1,000 or more in the calendar year but that did not have, at any point in the previous calendar year, a retail location that supplied the producer’s tires or vehicles on which their tires are provided to consumers, at least one tire collection site is established and operated.
2. The producer shall ensure the following:
i. In each local municipality with a population of 1,000 to less than 3,000 in the calendar year, at least one tire collection site is established and operated.
ii. In each local municipality with a population of 3,000 to 500,000 in the calendar year, at least one tire collection site for every 3,000 people or portion thereof is established and operated.
iii. In each local municipality with a population of more than 500,000 in the calendar year, at least 167 tire collection sites for the first 500,000 people and at least one tire collection site for every 6,000 people or portion thereof for the portion that surpasses 500,000, are established and operated.
iv. In each territorial district with a population of 1,000 or more in the calendar year, at least one tire collection site is established and operated.
Call-in collection
6.1 (1) Subject to subsection (2), if a producer referred to in section 6 receives a notice from a representative of one of the following entities that more than 200 tires have been collected, the producer shall collect all of the tires from the entity or operation within one year of being notified:
1. A council of the band.
2. A municipality that is not located in the Far North.
3. A local services board that is not located in the Far North.
4. A depot where tires are collected that is owned or operated by the Crown in right of Ontario and that is not located in the Far North.
(2) A producer who is notified under subsection (1) by a representative of a council of the band regarding tires located on a reserve in the Far North shall make reasonable efforts to collect the tires within one year of being notified.
8. Section 7 of the Regulation is revoked and the following substituted:
Tire collection, small producers
7. Every producer shall ensure that, if, for the calendar year, the producer’s average weight of supply is less than 11,765 kilograms, the following requirements are satisfied:
1. In each local municipality that had, at any point in the previous calendar year, one or more retail locations that supplied the producer’s tires or vehicles on which their tires were provided to consumers, at least one tire collection site is established and operated.
2. In each territorial district that had, at any point in the previous calendar year, one or more retail locations that supplied the producer’s tires or vehicles on which their tires were provided to consumers, a tire collection site is established and operated within 30 kilometres of each of those retail locations.
9. Section 8 of the Regulation is revoked and the following substituted:
Tire collection, producers without a retail location
8. In each calendar year, every producer whose sole means of supplying tires or vehicles on which tires are provided to consumers in Ontario in the previous calendar year was through the Internet, using a catalogue or telephone order system or by any other remote sales method, shall ensure that the requirements in either paragraph 1 or 2 are satisfied with respect to the tire collection system:
1. The producer shall ensure a tire collection program is operated in the calendar year that provides for one of the following, throughout Ontario, at no charge:
i. A service through which the producer’s tires are collected from consumers.
ii. A mail or courier service through which consumers may return the producer’s tires to the producer, including the provision of necessary packaging or shipping materials.
2. The producer shall ensure the following:
i. In each local municipality with a population of 1,000 to less than 3000 in the calendar year, at least one tire collection site is established and operated.
ii. In each local municipality with a population of 3,000 to 500,000 in the calendar year, at least one tire collection site for every 3,000 people or portion thereof is established and operated.
iii. In each local municipality with a population of more than 500,000 in the calendar year, at least 167 collection sites for the first 500,000 people and at least one tire collection site for every 6,000 people or portion thereof for the portion that surpasses 500,000 are established and operated.
iv. In each territorial district with a population of 1,000 or more in the calendar year, at least one tire collection site is established and operated.
10. Section 9 of the Regulation is revoked and the following substituted:
Tire collection, producers of large tires
9. In each calendar year, every producer who supplies large tires or a vehicle on which large tires are provided to consumers in Ontario shall ensure a tire collection program is operated in the calendar year that provides for one of the following, throughout Ontario, at no charge:
1. A service through which the producer’s tires are collected from consumers.
2. A mail or courier service through which consumers may return the producer’s tires to the producer, including the provision of necessary packaging or shipping materials.
11. (1) Paragraph 1 of section 10 of the Regulation is revoked and the following substituted:
1. The tire collection site must be readily accessible to the public.
1.1 If the tire collection site is not owned or operated by a municipality or local services board, it must accept tires during normal business hours throughout the calendar year.
1.2 If the tire collection site is owned or operated by a municipality or local services board, the site must not have been promoted as a collection event by the municipality or local services board.
1.3 The tire collection site must accept small tires.
(2) Paragraph 3 of section 10 of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:
3. If the tire collection site is not owned or operated by a municipality, local services board or the Crown in right of Ontario, the tire collection site at which new tires are supplied or provided on a new vehicle must accept, at a minimum,
(3) Paragraph 4 of section 10 of the Regulation is revoked.
(4) Paragraph 5 of section 10 of the Regulation is amended by adding “a local services board” after “municipality”.
(5) Section 10 of the Regulation is amended by adding the following subsection:
(2) A producer may replace a portion of tire collection sites the producer is required to establish and operate in a local municipality or territorial district under section 6, 7 or 8, as the case may be, with public tire collection events in accordance with the following rules:
1. A producer may replace up to 25 per cent of the total number of tire collection sites the producer is required to provide in Ontario, rounded up to the nearest whole number, with the same number of public tire collection events.
2. A public tire collection event must be readily accessible to the public, must operate for at least four consecutive hours on the day it is held and must accept all tires other than large tires.
12. The Regulation is amended by adding the following section:
Tire collection sites in adjacent municipalities
10.1 (1) In this section,
“base municipality” means the local municipality in which a producer is required to establish and operate tire collection sites under sections 6, 7 and 8.
(2) Despite the requirements in sections 6, 7 and 8 and subject to subsection (3), the total number of tire collection sites that a producer is required to establish and operate in a base municipality may include sites established and operated by the producer in an adjacent local municipality, if those sites in the adjacent municipality accept tires that would otherwise have been accepted at a site in the base municipality.
(3) The total number of tire collection sites that are established and operated in other local municipalities under subsection (2) shall not exceed 10 per cent of the tire collection sites that the producer is required to establish and operate under this Regulation, rounded up to the nearest whole number.
13. (1) Subsection 11 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(2) The producer shall ensure that, with respect to tires collected in 2024, for the purpose of satisfying the minimum amount requirement under section 4, as that section read on December 31, 2024, for that calendar year,
(2) Subsection 11 (6) of the Regulation is amended by striking out “subsection 4 (7)” and substituting “subsection 4 (7), as it read on December 31, 2024”.
14. The Regulation is amended by adding the following section:
Management of tires, 2025 and subsequent years
12. (1) In this section,
“management target” means a producer’s average weight of supply multiplied by 0.65 if the management target year is 2025, 2026, 2027, 2028 or 2029 and 0.70 if the management target year is any subsequent year; (“cible de gestion”)
“management target year” means the calendar year in respect of which a management target is calculated. (“année de la cible de gestion”)
(2) Every producer shall establish and operate a system for managing collected tires in accordance with the requirements set out in this section.
(3) The producer shall ensure that, with respect to tires collected in a calendar year for the purpose of satisfying the management target for that calendar year,
(a) one or more of the reuse, retreading or processing activities referred to in subsection (4) are undertaken with respect to the collected tires by March 31 in the following calendar year;
(b) no tires were collected from outside Ontario;
(c) collected tires are picked up by a tire hauler registered under section 17 and provided to a tire processor or tire retreader registered under section 17;
(d) the calculated weight of the tires that were reused or retreaded or the weight of the processed materials used in place of raw materials are only counted once and are not counted by more than one producer; and
(e) the calculated weight of the tires that were reused or retreaded or the weight of the processed materials used in place of raw materials, or a combination thereof, is greater than or equal to the management target for that year.
(4) The activities referred to in clause (3) (a) are the following:
1. The tires are sold and reused for their original purpose,
i. without modification, or
ii. with modification, including repair but not including retreading.
2. The tires are reused without modification for a new purpose, including for the purpose of being reused as a bumper or similar apparatus for absorbing shock or preventing damage, but not including for the purpose of being deposited on land.
3. The tires are retreaded by a tire retreader registered under section 17.
4. The tires are processed by a tire processor registered under section 17 and the processed materials are used in place of raw materials in the making of new products or packaging, including the following:
i. Blasting mats.
ii. Paving products used in pavement, including products used to maintain or repair pavement.
iii. Rubber products used for indoor or outdoor surfaces, including poured-in-place rubber products, mats, curbs, carpeting, or athletic or recreational surfacing.
iv. Rubber products used for bases to support signage.
v. Subject to subsection (6), mulch and landscaping material.
vi. Subject to subsection (6), tire-derived aggregate used in roadbed construction or repair.
(5) The producer shall not include the following in the management target requirement referred to in clause (3) (e):
1. The calculated weight of tires or the weight of processed materials that are land disposed.
2. The calculated weight of tires, the weight of processed materials or the weight of any products or packaging derived from tires or processed materials that are incinerated or used as a fuel or a fuel supplement.
3. The calculated weight of tires or the weight of processed materials that are stored, stockpiled or otherwise deposited on land, unless they are deposited on land in a manner set out under paragraph 4 of subsection (4).
(6) Mulch and landscaping material and tire-derived aggregate used in roadbed construction or repair must not, separately or combined, account for more than 20 per cent of the management target requirement referred to in clause (3) (e).
(7) For the purposes of satisfying the management target requirement referred to in clause (3) (e), a producer may include small tires collected as part of the producer’s system for managing collected tires during the management target year.
(8) Any producer who collects tires in a calendar year despite subsection 4.1 (1) providing that the producer is not required to collect tires in that calendar year shall ensure that the activities referred to in subsection (4) are undertaken with respect to those tires.
(9) Every producer who supplies large tires or a vehicle on which large tires are provided shall ensure that the amount of large tires to be reused, retreaded or processed under clause (3) (a) in a calendar year equals at least 60 per cent of the producer’s average weight of supply for that calendar year that is attributable to large tires supplied or provided on vehicles supplied to consumers in Ontario.
15. (1) Section 15 of the Regulation is amended by adding the following subsection:
Registration, producers
(0.1) Subject to subsection (3), this section does not apply in a calendar year if the producer’s average weight of supply for that calendar year is less than 1,175 kilograms.
(2) Subparagraph 5 i of subsection 15 (2) of the Regulation is amended by striking out “subclause 6 (1) (a) (i)” and substituting “subparagraph 1 i of section 6”.
(3) Subparagraph 5 ii of subsection 15 (2) of the Regulation is amended by striking out “subclause 6 (1) (a) (iii)” and substituting “subparagraph 1 iii of section 6”.
(4) Subparagraph 5 iv of subsection 15 (2) of the Regulation is revoked and the following substituted:
iv. The name and contact information of each tire collector that is part of the producer’s tire collection system, and the location of each tire collection site that is part of the system.
(5) Section 15 of the Regulation is amended by adding the following subsections:
(3) If a producer’s average weight of supply for a calendar year is less than 1,175 kilograms but the producer collects tires in the calendar year, the producer shall register with the Authority through the Registry by submitting the information set out under subsection (4) within 30 days of first collecting tires.
(4) The following information is required to be submitted for registration under subsection (3):
1. The producer’s name, contact information and any unique identifier assigned by the Registrar.
2. The designated class of materials the producer collects.
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 having the registration complete and up to date.
5. A description of how the producer is fulfilling or plans to fulfil their responsibilities relating to tires, including the following:
i. The name and contact information of each tire collector that is part of the producer’s tire collection system, and the location of each tire collection site that is part of the system.
ii. The name, contact information and any unique identifier assigned by the Registrar of each tire hauler, tire processor and tire retreader that is part of the producer’s tire collection or management system.
iii. A description of any collection services provided by the producer that are available other than at a tire collection site.
(6) Subsections 15 (5) and (6) of the Regulation are revoked and the following substituted:
(5) A producer that is required to register under this section shall submit updated information within 15 days after any change to the information required to be submitted under this section.
16. Subsection 15.1 (3) of the Regulation is amended by striking out “subsection (2) or 15 (2)” at the end and substituting “subsection (2), 15 (2) or 15 (4).
17. (1) Paragraph 3 of subsection 16 (1) of the Regulation is revoked.
(2) Paragraph 4 of subsection 16 (1) of the Regulation is amended by adding “or 12, as the case may be” at the end.
18 (1) Subsection 17 (3) of the Regulation is revoked.
(2) Paragraph 1 of subsection 17 (4) of the Regulation is amended by striking out “tire collector”.
(3) Paragraph 2 of subsection 17 (4) of the Regulation is amended by striking out “tire collector”.
(4) Paragraph 3 of subsection 17 (4) of the Regulation is revoked.
(5) Subsection 17 (5) of the Regulation is amended by striking out “tire collector”.
19. (1) Section 18 of the Regulation is amended by adding the following subsection:
Reports, producers
(1) Subject to subsection (5), this section does not apply in a calendar year if the producer’s average weight of supply for that calendar year is less than 1,175 kilograms.
(2) Subsection 18 (2) of the Regulation is revoked and the following substituted:
(2) On or before May 31 in each year, every producer shall submit to the Authority through the Registry an annual report that contains the following information with respect to the previous calendar year or such other specified period:
1. A description of the actions taken by the producer to fulfil their responsibilities relating to the requirements set out under sections 5 to 12.
2. The number and calculated weight of tires for each tire type collected by the producer, including amounts collected by any producer responsibility organization retained by the producer.
3. A description of the activities referred to in subsection 11 (3) or 12 (4), as the case may be, engaged in by the producer and by any producer responsibility organization retained by the producer, including the following information:
i. The number and calculated weight of tires, for each tire type, that were reused.
ii. The number and calculated weight of tires, for each tire type, that were retreaded.
iii. The weight of processed materials, by material type, that resulted from the processing of tires.
iv. A list of the types of products and packaging that were made with the processed materials referred to in subparagraph iii.
v. The number and calculated weight of tires and the weight of processed materials that were,
A. land disposed,
B. incinerated,
C. used as a fuel or a fuel supplement, or
D. stored, stockpiled, or otherwise deposited on land.
4. Subject to subsection (4), with respect to tires supplied or provided on vehicles supplied in Ontario in the calendar year two years prior to the year in which the report is due, the number and calculated weight of tires for each tire type.
(3) Section 18 of the Regulation is amended by adding the following subsection:
(4) For the purposes of reporting the calculated weight of tires supplied in Ontario in 2023 or any subsequent year under paragraph 4 of subsection (2), the producer is not required to include the weight of the producer’s small tires supplied in Ontario.
(4) Subsection 18 (5) of the Regulation is revoked and the following substituted:
(5) If a producer’s average weight of supply for a calendar year is less than 1,175 kilograms but the producer collects tires in the calendar year, the producer shall, on or before May 31 in the following year, submit to the Authority through the Registry an annual report that contains the following information with respect to the previous calendar year or such other specified period:
1. The number and calculated weight of tires for each tire type collected by the producer, including amounts collected by any producer responsibility organization retained by the producer.
2. A description of the activities referred to in subsection 11 (3) or 12 (4), as the case may be, engaged in by the producer and by any producer responsibility organization retained by the producer, including the following information:
i. The number and calculated weight of tires, for each tire type, that were reused.
ii. The number and calculated weight of tires, for each tire type, that were retreaded.
iii. The weight of processed materials, by material type, that resulted from the processing of tires.
iv. A list of the types of products and packaging that were made with the processed materials referred to in subparagraph iii.
v. The number and calculated weight of tires and the weight of processed materials that were,
A. land disposed,
B. incinerated,
C. used as a fuel or a fuel supplement, or
D. stored, stockpiled, or otherwise deposited on land.
20. (1) Paragraph 2 of section 19 of the Regulation is revoked.
(2) Paragraph 3 of section 19 of the Regulation is amended by adding “or 12, as the case may be” at the end.
21. Section 20 of the Regulation is revoked.
22. Paragraph 1 of section 21 of the Regulation is amended by striking out “name, contact information and any unique identifier assigned by the Registrar” at the end and substituting “name and contact information”.
23. Paragraph 2 of section 23 of the Regulation is amended by striking out “subsection 11 (3)” in the portion before subparagraph i and substituting “subsection 11 (3) or 12 (4), as the case may be”.
24. (1) Subsection 26 (1) of the Regulation is amended by striking out “section 11 of this Regulation” and substituting “section 11 or 12, as the case may be”.
(2) Paragraph 6 of subsection 26 (3) of the Regulation is revoked and the following substituted:
6. A statement confirming whether the producer met their management target in accordance with section 12.
(3) Section 26 of the Regulation is amended by adding the following subsection:
(4) For the purposes of a report on an audit submitted on or before October 31, 2027, the report shall also include a statement confirming whether the producer satisfied the requirement in clause 11 (2) (b) for the year 2024.
Commencement
25. This Regulation comes into force on the later of January 1, 2025 and the day this Regulation is filed.