O. Reg. 558/24: HAZARDOUS AND SPECIAL PRODUCTS, Filed December 19, 2024 under Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1
ontario regulation 558/24
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. 449/21
(HAZARDOUS AND SPECIAL PRODUCTS)
1. (1) Paragraph 5 of the definition of “Category B” in subsection 1 (1) of Ontario Regulation 449/21 is revoked.
(2) The definition of “Category E” in subsection 1 (1) of the Regulation is amended by adding the following paragraph:
2. Refillable pressurized containers;
(3) Subsection 1 (1) of the Regulation is amended by adding the following definitions:
“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. Section 2 of the Regulation is amended by adding the following subsection:
(2) The producer shall calculate the producer’s average weight of supply for a calendar year using the data submitted under paragraph 1 of subsection 46 (4) with respect to each of Y1, Y2 and Y3.
3. (1) Clause 4 (1) (a) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:
(a) with respect to a type of HSP in Category A, Category B or Category E marketed to consumers in Ontario, but excluding oil filters and antifreeze described in clause (a.1), the producer of the HSP is,
(2) Subsection 4 (1) of the Regulation is amended by striking out “and” at the end of clause (a) and by adding the following clause:
(a.1) if an oil filter or antifreeze is provided in a new vehicle that is marketed to consumers in Ontario, the producer of the oil filter or antifreeze is,
(i) subject to subsection (2.1), if the manufacturer of the vehicle is resident in Canada, the manufacturer of the vehicle,
(ii) if there is no person described in subclause (i) and the vehicle is imported into Ontario by a person resident in Ontario, the importer of the vehicle,
(iii) if there is no person described in subclause (i) or (ii) and the vehicle is marketed by a person resident in Ontario, the first person who marketed the vehicle, or
(iv) if there is no person described in subclause (i), (ii) or (iii) and the vehicle is marketed by a person not resident in Ontario, the person who marketed the vehicle;
(3) Section 4 of the Regulation is amended by adding the following subsection:
(2.1) For the purposes of clause (1) (a.1), if there are two or more manufacturers of the new vehicle, the producer is the manufacturer most directly connected to the production of the new vehicle.
(4) Subsection 4 (4) of the Regulation is amended by striking out “(1) (b) (i)” and substituting “(1) (a.1) (i) to (iv) or (b) (i)”.
4. Section 6 of the Regulation is amended by striking out “in Category A or Category B”.
5. Part III of the Regulation is revoked and the following substituted:
Transition re oil filters, antifreeze
7. (1) The following rules apply in respect of a person who was not required to register with the Authority under subsection 38 (1) with respect to oil filters or antifreeze before the day section 1 of Ontario Regulation 558/24 came into force and is required to do so as of that day:
1. The person shall register with the Authority under subsection 38 (1) with respect to oil filters or antifreeze, as the case may be, on or before July 31, 2025.
2. Parts IV (Collection of HSP in Category A and Category B), VI (Management of HSP) and VII (Promotion and Education) do not apply to the person in respect of oil filters or antifreeze, as the case may be, until January 1, 2026.
(2) The following rules apply in respect of a person who was already required to be registered with the Authority under subsection 38 (1) with respect to oil filters or antifreeze before the day section 1 of Ontario Regulation 558/24 came into force:
1. Parts IV (Collection of HSP in Category A and Category B), VI (Management of HSP) and VII (Promotion and Education) continue to apply to the person until December 31, 2025 in respect of oil filters or antifreeze for which the person was the producer under clause 4 (1) (a) immediately before the day section 1 of Ontario Regulation 558/24 came into force.
2. The person shall, on or before July 31, 2025, submit to the Authority through the Registry a report that contains the revised weight of the producer’s oil filters or antifreeze, as the case may be, that were supplied to consumers in Ontario in 2022, 2023 and 2024, if one of the following occurred as of the day section 1 of Ontario Regulation 558/24 came into force:
i. The person became a producer in respect of oil filters or antifreeze under clause 4 (1) (a.1) or became a producer in respect of additional oil filters or antifreeze as a result of clause 4 (1) (a.1).
ii. The person stopped being a producer in respect of oil filters or antifreeze as a result of clause 4 (1) (a.1) or stopped being a producer in respect of some oil filters or antifreeze as a result of clause 4 (1) (a.1).
(3) A person mentioned in subsection (1) or (2) shall, when determining any supply information required to be submitted under this section, Part VIII (Registration) or IX (Reporting, Auditing and Record Keeping) with respect to oil filters or antifreeze supplied to consumers in Ontario, make the determination as if clause 4 (1) (a.1) had been in effect during all relevant years.
6. Subsection 9 (1) of the Regulation is revoked and the following substituted:
Producer requirements
(1) Every producer of a type of HSP in Category A or Category B shall establish and operate a collection system for that type of HSP in accordance with this Part, starting on January 1 of the calendar year immediately following the calendar year in which the producer was required to register under subsection 38 (1).
7. Item 7 of the Table to section 11 of the Regulation is revoked.
8. Section 12 of the Regulation is revoked and the following substituted:
Population
12. A reference in this Part 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.
9. Subsection 13 (2) of the Regulation is revoked and the following substituted:
(2) A large producer of a type of HSP referred to in subsection (1) shall ensure the requirements in either paragraph 1 or 2 are satisfied with respect to the collection system:
1. The producer shall ensure the following:
i. In each local municipality with a population of 1,000 to 500,000 in the calendar year, at least one HSP collection site for every 1,000 people or portion thereof is established and operated.
ii. In each local municipality with a population of more than 500,000 in the calendar year, at least 500 HSP collection sites for the first 500,000 people and at least one HSP collection site for every 2,000 people or portion thereof for the portion that surpasses 500,000, are established and operated.
iii. In each territorial district with a population of 1,000 or more in the calendar year, at least one HSP collection site is established and operated.
2. The producer shall ensure the following:
i. In each local municipality with one or more retail locations that supplied the producer’s HSP of that type to consumers at any point in the previous calendar year, as many HSP 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 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 HSP of that type to consumers, at least one HSP 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 HSP of that type to consumers in the previous calendar year, at least one HSP collection site is established and operated within 30 kilometres 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 HSP of that type to consumers, at least one HSP collection site is established and operated.
v. The requirements set out in subsection (4) are satisfied.
(3) In subsections (4) and (5),
“compliance year” means a calendar year in which a producer chooses to comply with paragraph 2 of subsection (2).
(4) For the purposes of subparagraph 2 v of subsection (2), if the compliance year is 2026 or any subsequent calendar year, the requirements are the following:
1. No later than September 30 in the year immediately preceding the compliance year, the producer shall notify the Authority in writing that the producer wishes to comply with that paragraph.
2. The producer shall ensure that the amount of HSP of that type collected at the HSP collection sites established and operated under subparagraphs 2 i to iv of subsection (2) in the compliance year is, at a minimum, the amount determined under subsection (5).
(5) For the purposes of paragraph 2 of subsection (4), the producer shall determine the minimum amount of HSP of a type that must be collected in the compliance year by multiplying the producer’s average weight of supply in respect of that type of HSP for the previous calendar year by the number made available by the Authority as described in section 21.2 for the type of HSP and the compliance year.
10. (1) Paragraph 1 of section 14 of the Regulation is amended by adding “in the calendar year” after “500,000”.
(2) Paragraph 2 of section 14 of the Regulation is amended by adding “in the calendar year” after “more than 500,000”.
(3) Paragraph 3 of section 14 of the Regulation is amended by adding “in the calendar year” after “1,000 or more”.
11. Subsection 15 (2) of the Regulation is revoked and the following substituted:
(2) A large producer of a type of HSP referred to in subsection (1) shall ensure the requirements in either paragraph 1 or 2 are satisfied with respect to the collection system:
1. The producer shall ensure the following:
i. In each local municipality with a population of 10,000 to 500,000 in the calendar year, at least one HSP collection site for every 250,000 people or portion thereof is established and operated.
ii. In each local municipality with a population of more than 500,000 in the calendar year, at least two HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 300,000 people or portion thereof for the portion that surpasses 500,000, are established and operated.
iii. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated.
2. The producer shall do the following:
i. Enter into one or more agreements with local municipalities, upper-tier municipalities and local services boards, before the calendar year begins, respecting the commitment of the municipalities and boards to do the following in the calendar year:
A. Establish and operate, at a minimum, the number of HSP collection sites that they operated two calendar years prior.
B. Provide, at a minimum, the number of HSP collection events that were provided by them and took place in their municipality or territorial district two calendar years prior.
ii. Comply with the requirements set out in subsection (2.1).
(2.1) For the purposes of subparagraph 2 ii of subsection (2), the following requirements apply:
1. No later than September 30 in the year immediately preceding the calendar year in which the producer chooses to comply with paragraph 2 of subsection (2), the producer shall notify the Authority of the following in writing:
i. That the producer wishes to comply with that paragraph.
ii. The names of all municipalities and local services boards with which the producer has entered into an agreement described in that paragraph.
iii. The names of all municipalities and local services boards with which the producer has not entered into an agreement described in that paragraph and, for each one,
A. the number of HSP collection sites that they operated two calendar years prior, and
B. the number of HSP collection events that were provided by them and took place in their municipality or territorial district two calendar years prior.
2. The producer shall, in each of the municipalities mentioned in subparagraph 1 iii and in each of the territorial districts in which the local services boards mentioned in subparagraph 1 iii are established, establish and operate at least the number of HSP collection sites mentioned in sub-subparagraph 1 iii A and provide at least the number of HSP collection events mentioned in sub-subparagraph 1 iii B.
(2.2) No later than October 31 in each calendar year, the Authority shall make available on the Registry the names of all producers who have provided notification under paragraph 1 of subsection (2.1).
12. (1) Paragraph 1 of subsection 16 (2) of the Regulation is revoked and the following substituted:
1. In each local municipality or territorial district with one or more retail locations that supplied the producer’s HSP of that type to consumers at any point in the previous calendar year, as many HSP 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) Subparagraph 2 i of subsection 16 (2) of the Regulation is amended by adding “in the calendar year” after “500,000”.
(3) Subparagraph 2 ii of subsection 16 (2) of the Regulation is amended by adding “in the calendar year” after “more than 500,000”.
(4) Subparagraph 2 iii of subsection 16 (2) of the Regulation is amended by adding “in the calendar year” after “1,000 or more”.
13. (1) Paragraph 1 of section 17 of the Regulation is revoked and the following substituted:
1. In each local municipality or territorial district with one or more retail locations that supplied the producer’s paints and coatings to consumers at any point in the previous calendar year, as many HSP 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) Subparagraph 2 i of section 17 of the Regulation is amended by adding “in the calendar year” after “500,000”.
(3) Subparagraph 2 ii of section 17 of the Regulation is amended by adding “in the calendar year” after “more than 500,000”.
(4) Subparagraph 2 iii of section 17 of the Regulation is amended by adding “in the calendar year” after “1,000 or more”.
14. Subsection 18 (2) of the Regulation is revoked and the following substituted:
(2) A small producer of a type of HSP referred to in subsection (1) shall ensure the requirements in paragraph 1, 2 or 3 are satisfied with respect to the collection system:
1. In each local municipality or territorial district with one or more retail locations that supplied the producer’s HSP of that type to consumers at any point in the previous calendar year, as many HSP 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 ensure the following:
i. In each local municipality with a population of 15,000 to 500,000 in the calendar year, at least one HSP collection site for every 250,000 people or a portion thereof is established and operated.
ii. In each local municipality with a population of more than 500,000 in the calendar year, at least two HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 300,000 people or portion thereof for the portion that surpasses 500,000, are established and operated.
iii. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated.
3. The producer shall do the following:
i. Enter into one or more agreements with local municipalities, upper-tier municipalities and local services boards, before the calendar year begins, respecting the commitment of the municipalities and boards to do the following in the calendar year:
A. Establish and operate, at a minimum, the number of HSP collection sites that they operated two calendar years prior.
B. Provide, at a minimum, the number of HSP collection events that were provided by them and took place in the municipality or territorial district two calendar years prior.
ii. Comply with the requirements set out in subsection (3).
(3) For the purposes of subparagraph 3 ii of subsection (2), the following requirements apply:
1. No later than September 30 in the year immediately preceding the calendar year in which the producer chooses to comply with paragraph 3 of subsection (2), the producer shall notify the Authority of the following in writing:
i. That the producer wishes to comply with that paragraph.
ii. The names of all municipalities and local services boards with which the producer has entered into an agreement described in that paragraph.
iii. The names of all municipalities and local services boards with which the producer has not entered into an agreement described in that paragraph and, for each one,
A. the number of HSP collection sites that they operated two calendar years prior, and
B. the number of HSP collection events that were provided by them and took place in their municipality or territorial district two calendar years prior.
2. The producer shall, in each of the municipalities mentioned in subparagraph 1 iii and in each of the territorial districts in which the local services boards mentioned in subparagraph 1 iii are established, establish and operate at least the number of HSP collection sites mentioned in sub-subparagraph 1 iii A and provide at least the number of HSP collection events mentioned in sub-subparagraph 1 iii B.
(4) No later than October 31 in each calendar year, the Authority shall make available on the Registry the names of all producers who have provided notification under paragraph 1 of subsection (3).
15. (1) Subsection 19 (1) of the Regulation is revoked and the following substituted:
Reduction in HSP collection sites
(1) The number of HSP collection sites required in a calendar year under sections 13 to 18 in a local municipality or territorial district for a type of HSP is reduced by, rounded up to the nearest whole number, the percentage of residences, including multi-unit residential buildings, in that local municipality or territorial district, for which the producer provides,
(a) curbside collection of that type of HSP from the residences at least four times during the calendar year; and
(b) containers, where appropriate, at no charge, for the curbside collection of that type of HSP.
(2) Clause 19 (2) (b) of the Regulation is revoked and the following substituted:
(b) the producer provides collection of that type of HSP from the residents mentioned in clause (a), when notified.
(3) Subsection 19 (4) of the Regulation is revoked and the following substituted:
(4) The reduction in the total number of HSP collection sites in Ontario under subsection (3) may not exceed 35 per cent, rounded up to the nearest whole number and as determined before applying any reductions under subsections (1) and (2), of the total number of HSP collection sites required under sections 13 to 18.
(4) Section 19 of the Regulation is amended by adding the following subsection:
(6) Despite subsections (1), (2), and (3), no reductions may be applied under those provisions in a calendar year if the producer has chosen to comply with paragraph 2 of subsection 15 (2) or paragraph 3 of subsection 18 (2) in the calendar year.
16. Section 20 of the Regulation is revoked and the following substituted:
HSP collection sites in same upper-tier municipality, adjacent municipalities
20. (1) In this section,
“base municipality” means the local municipality in which a producer is required to establish and operate HSP collection sites under sections 13 to 18.
(2) Subject to subsections (3), (4) and (5), despite the requirements in sections 13 to 18, the total number of HSP collection sites that a producer is required to establish and operate in a base municipality may be reduced by the number of HSP collection sites established and operated by the producer in a local municipality that satisfies one of the following descriptions, if those sites accept all of the HSP that would otherwise have been accepted at a site in the base municipality:
1. A local municipality that is adjacent to the base municipality.
2. A local municipality that is not adjacent to the base municipality but that shares the same upper-tier municipality as the base municipality.
(3) The total number of HSP collection sites for a type of HSP that are established and operated in other local municipalities under subsection (2) shall not exceed 10 per cent of the HSP collection sites for that type of HSP that the producer is required to establish and operate under this Part, rounded up to the nearest whole number.
(4) Despite subsection (2), if the producer reduces the number of HSP collection sites in a base municipality as a result of establishing and operating HSP collection sites in local municipalities described in paragraph 2 of subsection (2), the producer shall establish and operate a minimum of one HSP collection site in the base municipality.
(5) No reductions may be applied under this section in a calendar year if the producer has chosen to comply with paragraph 2 of subsection 15 (2) or paragraph 3 of subsection 18 (2) in the calendar year.
17. The Regulation is amended by adding the following sections:
Mail-in, etc. collection program
21.1 (1) Despite sections 13 to 18, starting in 2026, a producer is not required to establish or operate any HSP collection sites in a calendar year under sections 13 to 18 in a local municipality or territorial district for a type of HSP if the producer ensures the following:
1. That a 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 HSP of that type is collected from consumers.
ii. A mail or courier service through which consumers may return the producer’s HSP of that type to the producer, including the provision of necessary packaging or shipping materials.
2. That the requirements in subsection (3) are satisfied.
(2) In subsections (3) and (4),
“compliance year” means a calendar year in which a producer chooses to rely on subsection (1).
(3) For the purposes of paragraph 2 of subsection (1), the following requirements apply:
1. No later than September 30 in the year immediately preceding the compliance year, the producer shall notify the Authority in writing that the producer wishes to comply with that subsection.
2. The producer shall ensure that the amount of HSP of that type collected under subsection (1) in the compliance year is, at a minimum, the amount determined under subsection (4).
(4) For the purposes of paragraph 2 of subsection (3), the producer shall determine the minimum amount of HSP of a type that must be collected in the compliance year by multiplying the producer’s average weight of supply in respect of that type of HSP for the previous calendar year by the number made available by the Authority as described in section 21.2 for the type of HSP and the compliance year.
Authority to provide numbers
21.2 For the purposes of subsections 13 (5) and 21.1 (4), the Authority shall, no later than June 30 in each calendar year, make available on the Registry a number for each type of HSP in Category A and Category B for the upcoming calendar year, determined by the Authority by taking the following steps:
1. Calculate the tonnes of HSP of the type that were reported as collected in the calendar year three years prior to the upcoming calendar year.
2. Calculate the sum of the average weights of supply of all producers in respect of that type of HSP for the calendar year four years prior to the upcoming calendar year.
3. Divide the result of the calculation under paragraph 1 by the result of the calculation under paragraph 2.
18. (1) Paragraph 2 of subsection 22 (1) of the Regulation is revoked and the following substituted:
2. Subject to subsection (2), the HSP collection site must be readily accessible to the public.
2.1 If the HSP collection site is not owned or operated by a municipality or local services board, it must accept the HSP during normal business hours throughout the calendar year.
2.2 If the HSP collection site is owned or operated by a municipality or local services board, the collection must not have been promoted as a collection event by the municipality or local services board.
(2) Paragraph 4 of subsection 22 (1) of the Regulation is revoked.
(3) Subsection 22 (2) of the Regulation is revoked and the following substituted:
(2) If a producer is required to establish and operate HSP collection sites for antifreeze, oil containers or oil filters in a calendar year, the producer shall ensure that the requirements in either paragraph 1 or 2 are satisfied with respect to the applicable type of HSP:
1. Subject to subsections (2.1) and (2.2), the producer shall ensure that at least 4 per cent, rounded up to the nearest whole number, of the HSP collection sites with respect to the applicable type of HSP, in each local municipality that satisfies the following conditions, are readily accessible to the public:
i. The local municipality has a population of 5,000 or more in the calendar year.
ii. At least one retail location in the local municipality supplied the producer’s HSP of the applicable type in the previous calendar year.
2. The producer shall do the following:
i. Enter into one or more agreements with local municipalities, upper-tier municipalities and local services boards, before the calendar year begins, respecting the commitment of the municipalities and boards to do the following in the calendar year:
A. Establish and operate, at a minimum, the number of HSP collection sites that they operated two calendar years prior.
B. Provide, at a minimum, the number of HSP collection events that were provided by them and took place in the municipality or territorial district two calendar years prior.
ii. Comply with the requirements set out in subsection (2.3).
(2.1) Subject to subsection (2.2), the number of HSP collection sites with respect to the applicable type of HSP that, under paragraph 1 of subsection (2), are readily accessible to the public in a local municipality in a calendar year may be reduced by the number of HSP collection events the producer provides for that type of HSP in the local municipality in the calendar year.
(2.2) The reduction under subsection (2.1) in the number of HSP collection sites in Ontario with respect to an applicable type of HSP may not exceed 35 per cent, rounded up to the nearest whole number, of the total number of collection sites that the producer is required to ensure are readily accessible to the public for the applicable type of HSP in the calendar year.
(2.3) For the purposes of subparagraph 2 ii of subsection (2), the following requirements apply:
1. No later than September 30 in the year immediately preceding the calendar year in which the producer chooses to comply with paragraph 2 of subsection (2), the producer shall notify the Authority of the following in writing:
i. That the producer wishes to comply with that paragraph.
ii. The names of all municipalities and local services boards with which the producer has entered into an agreement described in that paragraph.
iii. The names of all municipalities and local services boards with which the producer has not entered into an agreement described in that paragraph and, for each one,
A. the number of HSP collection sites that they operated two calendar years prior, and
B. the number of HSP collection events that were provided by them and took place in their municipality or territorial district two calendar years prior.
2. The producer shall, in each of the municipalities and territorial districts mentioned in subparagraph 1 iii, establish and operate at least the number of HSP collection sites mentioned in sub-subparagraph 1 iii A and provide at least the number of HSP collection events mentioned in sub-subparagraph 1 iii B.
(2.4) No later than October 31 in each calendar year, the Authority shall make available on the Registry, the names of all producers who have provided notification under paragraph 1 of subsection (2.3).
19. Subsection 25 (1) of the Regulation is amended by striking out “On and after October 1, 2021” at the beginning.
20. Section 26 of the Regulation is revoked and the following substituted:
Application of Part
26. A producer of a type of HSP in Category C or Category E who is required to register in respect of that type of HSP under section 38 shall comply with this Part in respect of that type of HSP starting on January 1 of the calendar year immediately following the calendar year in which the registration was required.
21. Subsection 28 (1) of the Regulation is amended by striking out “On and after October 1, 2021” at the beginning.
22. Clause 29 (1) (a) of the Regulation is amended by striking out “section 50”.
23. (1) Subsection 30 (1) of the Regulation is amended by striking out “III”.
(2) Subsection 30 (2) of the Regulation is amended by striking out “III or”.
(3) Subsection 30 (3) of the Regulation and the Table to subsection 30 (3) are revoked and the following substituted:
(3) In every calendar year starting in 2027, if a producer collects a type of HSP listed in Column 1 of the Table to this section, the producer shall ensure that the HSP is processed by an HSP processor at a facility described in subsection (4).
(4) The facility mentioned in subsection (3) must have had, in the calendar year two years prior, an average recycling efficiency rate in respect of the type of HSP that was, at a minimum, the percentage set out in Column 2 of the Table to this section opposite the type of HSP.
(5) For the purposes of subsection (4), the average recycling efficiency rate is the rate reported by the HSP processor, calculated in accordance with the HSP Verification and Audit Procedure.
Table
Item | Column 1 | Column 2 |
1. | Antifreeze | 90 |
2. | Barometers, Thermometers and Thermostats | 90 |
3. | Oil containers | 95 |
4. | Paints and coatings | 75 |
5. | Solvents | 10 |
24. (1) Subsection 31 (1) of the Regulation is revoked.
(2) Subsection 31 (2) of the Regulation is amended by striking out “clause 38 (1) (b)” and substituting “subsection 38 (1)”.
(3) Subsections 31 (3) and (4) of the Regulation are revoked and the following substituted:
(3) The producer’s management requirement for a calendar year in respect of a type of HSP shall be determined by multiplying the producer’s average weight of supply in respect of the previous calendar year by,
(a) 0.85, in the case of oil filters; and
(b) 0.30, in the case of non-refillable pressurized containers.
25. Section 32 of the Regulation is revoked and the following substituted:
Application
32. A producer of a type of HSP in Category A, Category B, Category C or Category D who is required to register in respect of that type of HSP under section 38 shall comply with this Part in respect of that type of HSP starting in the calendar year immediately following the calendar year in which the registration was required.
26. Subsection 33 (1) of the Regulation is amended by striking out “other than producers of refillable pressurized containers in Category B”.
27. Section 34 of the Regulation is amended by striking out “other than refillable pressurized containers” in the portion before paragraph 1.
28. Section 38 of the Regulation is revoked and the following substituted:
Producers, requirement to register
38. (1) Every producer of a type of HSP in Category A or Category B shall register with the Authority with respect to that type of HSP on or before July 31 in the calendar year following the first calendar year in which the producer’s average weight of supply, as calculated under section 2 for that type of HSP, exceeds the applicable weight set out in the Table to section 6.
(2) Every producer of a type of HSP in Category C shall register with the Authority with respect to that type of HSP within 30 days of becoming a producer of a type of HSP in Category C.
(3) Every producer of a type of HSP in Category D or Category E shall register with the Authority with respect to that type of HSP within 30 days of the producer’s HSP of that type being supplied in Ontario.
29. Subparagraphs 4 ii and iii of subsection 39 (1) of the Regulation are revoked and the following substituted:
ii. if the type of HSP is in Category A or Category B, the total weight of the producer’s HSP of that type that was supplied to consumers in Ontario in each of the years used to calculate the average weight of supply referred to in subsection 38 (1), and
iii. if the type of HSP is in Category D or Category E, the date on which the producer’s HSP of that type was first supplied to consumers in Ontario.
30. Subparagraph 3 ii of subsection 41 (1) of the Regulation is amended by striking out “III”.
31. Subsections 42 (1) to (3) of the Regulation are revoked and the following substituted:
HSP haulers, HSP processors and HSP disposal facilities
(1) Every HSP hauler who arranges for the transport of HSP in Category A, Category B, Category C or Category E shall register with the Authority, through the Registry, by submitting the applicable information set out under subsection (4) within 30 days of the HSP hauler arranging for the transport of the HSP.
(2) Every HSP processor who processes HSP in Category A, Category B, Category C or Category E shall register with the Authority, through the Registry, by submitting the applicable information set out under subsection (4) within 30 days of the HSP processor processing the HSP.
(3) Every HSP disposal facility that disposes of pesticides shall register with the Authority, through the Registry, by submitting the applicable information set out under subsection (4) within 30 days of the HSP disposal facility disposing of pesticides.
32. Section 44 of the Regulation is revoked.
33. (1) Subsection 46 (3) of the Regulation is revoked.
(2) Paragraph 2 of subsection 46 (4) of the Regulation is amended by striking out “III” in the portion before subparagraph i.
(3) Subparagraph 2 i of subsection 46 (4) of the Regulation is amended by striking out “section 19” at the end and substituting “sections 19 and 21.1”.
34. Subsection 48 (1) of the Regulation is revoked and the following substituted:
Annual report, producer responsibility organizations
(1) On or before July 31 in each calendar year immediately following the year in which the producer responsibility organization was required to register under section 41, every producer responsibility organization who is retained by a producer of any type of HSP in the previous calendar year shall submit a report to the Authority, through the Registry, that contains all of the applicable information required under subsection 46 (4) in respect of the previous calendar year, other than the information required under paragraph 1 of that subsection.
35. (1) Subsection 49 (1) of the Regulation is amended by striking out “starting in 2023”.
(2) Paragraph 2 of subsection 49 (2) of the Regulation is amended by striking out “III”.
(3) Paragraph 6 of subsection 49 (2) of the Regulation is revoked.
36. Section 50 of the Regulation is revoked.
37. (1) Subsection 51 (1) of the Regulation is amended by striking out “starting in 2023”.
(2) Paragraph 8 of subsection 51 (2) of the Regulation is amended by striking out “subsection 30 (3)” and substituting “section 30”.
(3) Paragraph 10 of subsection 51 (2) of the Regulation is revoked.
38. (1) Subsection 52 (1) of the Regulation is amended by striking out “starting in 2023”.
(2) Paragraph 5 of subsection 52 (2) of the Regulation is revoked.
39. (1) Subsection 55 (1) of the Regulation is amended by striking out “III or” in the portion before paragraph 1.
(2) Paragraph 4 of subsection 55 (1) of the Regulation is revoked.
(3) Paragraph 2 of subsection 55 (2) of the Regulation is amended by striking out “8 or”.
40. Section 56 of the Regulation is revoked.
41. Subsection 57 (1) of the Regulation is revoked and the following substituted:
Audit
Category A, Category B and Category C
(1) Every producer of a type of HSP in Category A, Category B or Category C shall cause an audit to be undertaken of the practices and procedures the producer implemented in order to comply with Part VI (Management of HSP) in respect of each type of their HSP on or before July 31, 2026, and on or before July 31 in every third calendar year after that, if the producer had responsibilities under Part VI during any of the three immediately preceding calendar years.
Commencement
42. This Regulation comes into force on the later of January 1, 2025 and the day this Regulation is filed.