O. Reg. 557/24: ELECTRICAL AND ELECTRONIC EQUIPMENT, Filed December 19, 2024 under Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1
ontario regulation 557/24
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. 522/20
(ELECTRICAL AND ELECTRONIC EQUIPMENT)
1. Ontario Regulation 522/20 is amended by,
(a) striking out “performance period” wherever it appears and substituting in each case “calendar year”; and
(b) striking out “performance periods” wherever it appears and substituting in each case “calendar years”.
2. The heading to Part I of the Regulation is revoked and the following substituted:
PART I
interpretation
3. (1) Section 1 of the Regulation is amended by adding the following definitions:
“average weight of supply” means, when used in reference to a producer with respect to a category of EEE and a calendar year, the applicable number calculated in accordance with section 1.2; (“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 municipality” means a single-tier municipality or a lower-tier municipality; (“municipalité locale”)
“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”)
(2) The definition of “management requirement” in section 1 of the Regulation is amended by adding “or is required to make best efforts to manage” at the end.
(3) The definitions of “performance period” and “recycling efficiency rate” in section 1 of the Regulation are revoked.
4. The Regulation is amended by adding the following sections:
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.
Determination of average weight of supply
1.2 (1) For the purposes of this Regulation, a producer’s average weight of supply in respect of ITT/AV or lighting and in respect of a calendar year shall be determined using the formula,
(Y3 + Y4 + Y5) / 3
in which,
“Y3” is the weight of the producer’s ITT/AV or lighting, as the case may be, supplied in Ontario in the calendar year three years prior,
“Y4” is the weight of the producer’s ITT/AV or lighting, as the case may be, supplied in Ontario in the calendar year four years prior, and
“Y5” is the weight of the producer’s ITT/AV or lighting, as the case may be, 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 3 of subsection 25 (2) with respect to each of Y3, Y4 and Y5.
5. Section 4 of the Regulation is revoked.
6. Section 8 of the Regulation is revoked and the following substituted:
Exemptions
8. A producer is exempt from Parts III and IV and sections 20, 25 and 32 in a calendar year in respect of that category of EEE if the producer’s average weight of supply for that calendar year, as determined under section 1.2 in respect of that category, is not greater than,
(a) in the case of ITT/AV, 5 tonnes; and
(b) in the case of lighting, 700 kilograms.
7. Subsection 9 (1) of the Regulation is amended by striking out “10 to 12” at the end and substituting “10 to 12.2”.
8. Sections 10 and 11 of the Regulation are revoked and the following substituted:
Collection, large producers
10. (1) This section applies in a calendar year in respect of every producer who is required in that calendar year under section 14 to manage, or to make best efforts to manage, as the case may be,
(a) 700 tonnes or more of ITT/AV; or
(b) 35 tonnes or more of lighting.
(2) A producer to whom this section applies in respect of a category of EEE shall establish and operate a collection system for the category in the calendar year by satisfying the following requirements:
1. Subject to subsections 12 (3) to (6), in each local municipality with a population of 1,000 or more in the calendar year, the producer shall establish and operate EEE collection sites at which that category of EEE is collected, as follows:
i. If the population is 500,000 or less, at least one EEE collection site for every 15,000 people or portion thereof.
ii. If the population is more than 500,000, at least 34 EEE collection sites for the first 500,000, and at least one EEE collection site for every 50,000 people or portion thereof, for the portion that surpasses 500,000.
2. In each territorial district with a population of 1,000 or more in the calendar year, the producer shall establish and operate at least one EEE collection site at which that category of EEE is collected.
Collection, small producers
11. (1) This section applies in a calendar year in respect of every producer who is required in that calendar year under section 14 to manage, or to make best efforts to manage, as the case may be,
(a) less than 700 tonnes of ITT/AV; or
(b) less than 35 tonnes of lighting.
(2) A producer to whom this section applies in respect of a category of EEE shall establish and operate a collection system for the category in the calendar year by satisfying one of the following requirements:
1. Subject to subsections 12 (3) to (6), in each local municipality or territorial district with one or more retail locations that supplied the producer’s EEE in that category to consumers at any point in the previous calendar year, as many EEE 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.
2. The producer shall establish and operate EEE collection sites at which that category of EEE is collected as follows:
i. Subject to subsections 12 (3) to (6), in each local municipality with a population of 5,000 or more in the calendar year, the producer shall establish and operate,
A. at least one EEE collection site for every 15,000 people or portion thereof, if the population is 500,000 or less, or
B. if the population is more than 500,000, at least 34 EEE collection sites for the first 500,000, and at least one EEE collection site for every 50,000 people or portion thereof, for the portion that surpasses 500,000.
ii. The producer shall establish and operate at least one EEE collection site in each territorial district with a population of 1,000 or more in the calendar year, in which the producer supplied that category of EEE in the previous calendar year.
9. (1) Paragraph 2 of subsection 12 (1) of the Regulation is amended by adding “and must accept any ITT/AV components and parts that were provided to a consumer separately from the products to which they relate” at the end.
(2) Paragraph 3 of subsection 12 (1) of the Regulation is revoked and the following substituted:
3. The EEE collection site must be readily accessible to the public.
3.1 If the EEE collection site is not owned or operated by a municipality or local services board, it must accept the EEE during normal business hours throughout the calendar year.
3.2 If the EEE collection site is owned or operated by a municipality or a local services board, the site must not have been promoted as a collection event by the municipality or local services board.
(3) Paragraph 6 of subsection 12 (1) of the Regulation is revoked.
(4) Subsection 12 (3) of the Regulation is amended by adding “rounded up to the nearest whole number” at the end of the portion before clause (a).
(5) Subsection 12 (4) of the Regulation is revoked and the following substituted:
(4) Subject to subsection (6), a producer may reduce the number of EEE collection sites for a category of EEE in a calendar year that the producer is required to establish and operate in a local municipality or territorial district under subsection 10 (2) or 11 (2), as the case may be, by the percentage described in subsection (4.1), rounded up to the nearest whole number.
(4.1) For the purposes of subsection (4), the percentage is the percentage of the applicable category of EEE that the producer supplied in Ontario in the previous calendar year and in respect of which the producer ensured that a program was made available throughout Ontario that provided for one of the following, at no charge:
1. A service through which the producer’s EEE of the applicable category is collected from consumers.
2. A mail or courier service through which consumers may return the producer’s EEE of the applicable category to the producer, including the provision of necessary packaging or shipping materials.
(6) Paragraph 1 of subsection 12 (5) of the Regulation is revoked and the following substituted:
1. A producer may replace up to 25 per cent of the total number of EEE collection sites accepting ITT/AV, rounded up to the nearest whole number and as determined before applying any reductions under subsections (3) and (4), that the producer is required to operate in Ontario, with the same number of public EEE collection events at which ITT/AV is accepted.
1.1 A producer may replace up to 35 per cent of the total number of EEE collection sites accepting lighting, rounded up to the nearest whole number and as determined before applying any reductions under subsections (3) and (4), that the producer is required to operate in Ontario, with the same number of public EEE collection events at which lighting is accepted.
(7) Subsections 12 (6) to (9) of the Regulation are revoked and the following substituted:
(6) Despite subsections (3), (4) and (5), the number of EEE collection sites the producer is required to establish and operate in a calendar year shall not be reduced such that there is no EEE collection site or public EEE collection event in a local municipality or territorial district with a population of 1,000 or more in that calendar year if the producer supplied EEE at a retail location in the local municipality or territorial district in the previous calendar year.
10. The Regulation is amended by adding the following sections:
Call-in collection
12.1 (1) Subject to subsection (2), if a large producer of ITT/AV or lighting receives a notice from a representative of one of the following entities that more than 4 tonnes of ITT/AV or more than 300 kilograms of lighting have been collected, the producer shall, if the producer is a large producer of the category of EEE collected, collect all of the EEE of that category 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 EEE is 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 ITT/AV or lighting located on a reserve in the Far North shall make reasonable efforts to collect the EEE within one year of being notified.
EEE collection sites in adjacent municipalities
12.2 (1) In this section,
“base municipality” means the local municipality in which a producer is required to establish and operate EEE collection sites under sections 10 to 12.
(2) Despite the requirements in sections 10 to 12 and subject to subsection (3), the total number of EEE 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 local municipality accept all of the EEE that would otherwise have been accepted at a site in the base municipality.
(3) The total number of EEE collection sites for a category of EEE that are established and operated in other local municipalities under subsection (2) shall not exceed 10 per cent of the EEE collection sites for that category of EEE that the producer is required to establish and operate under this Part, rounded up to the nearest whole number.
11. Subsection 13 (1) of the Regulation is amended by striking out “14 to 18” at the end and substituting “14 to 17”.
12. Section 14 of the Regulation is revoked and the following substituted:
Management requirement
14. (1) In every calendar year, every producer of ITT/AV shall manage a minimum amount of ITT/AV, determined by multiplying the producer’s average weight of supply for the calendar year in respect of ITT/AV by,
(a) 0.65, for 2025 to 2029; and
(b) 0.70, for 2030 and every subsequent year.
(2) Every producer of lighting shall manage a minimum amount of lighting in accordance with the following rules:
1. In each of 2025 and 2026, every producer of lighting shall make best efforts to manage the minimum amount of lighting, determined by multiplying the producer’s average weight of supply for the calendar year in respect of lighting by 0.30.
2. In each year starting in 2027 every producer of lighting shall manage a minimum amount of lighting, determined by multiplying the producer’s average weight of supply for the calendar year in respect of lighting by,
i. 0.30, for 2027 to 2030, and
ii. 0.35 for 2031 and every subsequent year.
(3) Every producer shall ensure that the data used to calculate a management requirement under this section is determined and verified in accordance with the EEE Verification and Audit Procedure.
13. Section 16 of the Regulation is revoked.
14. (1) Paragraph 1 of subsection 17 (1) of the Regulation is amended by striking out “management period” in the portion before subparagraph i and substituting “calendar year”.
(2) Sub-subparagraph 1 i B of subsection 17 (1) of the Regulation is amended by striking out “who meets the requirements set out in subsection (4)” in the portion before sub-sub-subparagraph 1 and substituting “who is registered under section 22”.
(3) Subsection 17 (4) of the Regulation is revoked.
(4) Paragraph 2 of subsection 17 (5) of the Regulation is revoked.
(5) Subsection 17 (6) of the Regulation is revoked.
15. Section 18 of the Regulation is revoked.
16. The Regulation is amended by adding the following section:
Information submitted as part of registration
22.1 Any person required to submit information under this Part to the Authority with respect to the weight of a category of EEE shall ensure that the information is verified in accordance with any requirements set out in the EEE Verification and Audit Procedure.
17. Sections 23 and 24 of the Regulation are revoked.
18. (1) Subsection 25 (1) of the Regulation is revoked and the following substituted:
Annual report, producers and volunteer organizations
(1) On or before April 30 in each year, 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).
(2) Paragraph 3 of subsection 25 (2) of the Regulation is revoked and the following substituted:
3. Subject to subsection (3), the weight of ITT/AV or lighting supplied in Ontario in the calendar year two years prior.
(3) Section 25 of the Regulation is amended by adding the following subsection:
(3) For the purposes of reporting the weight of ITT/AV supplied in Ontario in 2023 or any subsequent calendar year under paragraph 3 of subsection (2), the producer is not required to include the weight of the producer’s ITT/AV components and parts that were provided to a consumer separately from the products to which they relate.
19. Subsection 26 (1) of the Regulation is revoked and the following substituted:
Annual report, producer responsibility organizations
(1) On or before April 30 in each year, every producer responsibility organization that is retained with respect to ITT/AV or lighting and is required to register under section 21 shall submit a report to the Authority, through the Registry, that complies with subsection (2).
20. Subsection 27 (1) of the Regulation is revoked and the following substituted:
Annual report, EEE haulers
(1) On or before April 30 in each year, every EEE hauler who is required to register under section 22 shall submit a report to the Authority, through the Registry, that complies with subsection (2).
21. (1) Subsection 28 (1) of the Regulation is revoked and the following substituted:
Annual report, EEE processors
(1) On or before April 30 in each year, every EEE processor who is required to register under section 22 shall submit a report to the Authority, through the Registry, that complies with subsection (2).
(2) Paragraph 7 of subsection 28 (2) of the Regulation is revoked.
22. Subsection 29 (1) of the Regulation is revoked and the following substituted:
Annual report, EEE refurbishers
(1) On or before April 30 in each year, every EEE refurbisher who is required to register under section 22 shall submit a report to the Authority, through the Registry, that complies with subsection (2).
23. The Regulation is amended by adding the following section:
Information submitted as part of a report
29.1 Any person required to submit information under this Part to the Authority with respect to the weight of EEE shall ensure that the information is verified in accordance with any requirements set out in the EEE Verification and Audit Procedure.
24. Subsection 31 (2) of the Regulation is revoked.
Commencement
25. This Regulation comes into force on the later of January 1, 2025 and the day this Regulation is filed.