ontario regulation 210/25

made under the

Resource Recovery and Circular Economy Act, 2016

Made: August 28, 2025
Filed: September 3, 2025
Published on e-Laws: September 3, 2025
Published in The Ontario Gazette: September 20, 2025

Amending O. Reg. 391/21

(BLUE BOX)

1. (1) Clause (a) of the definition of “facility” in subsection 1 (1) of Ontario Regulation 391/21 is amended by striking out “more than one dwelling unit” and substituting “six or more dwelling units”.

(2) The definition of “residence” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“residence” means a building with five or fewer residential units, including a seasonal residential dwelling, but not including a building used for temporary accommodation, such as a hotel, or any portion of a building with five or fewer residential units that is not used for residential purposes; (“résidence”)

(3) The definition of “consumer” in subsection 1 (2) of the Regulation is revoked and the following substituted:

“consumer” means an individual who is an end user of a product and its packaging who obtained the product and its packaging for personal, family or household purposes; (“consommateur”)

2. (1) Subsection 4 (3) of the Regulation is amended by striking out “or facility”.

(2) Clause 4 (6) (a) of the Regulation is revoked and the following substituted:

(a)  January 1, 2031; and

3. The English version of subsection 9 (1) of the Regulation is amended by striking out “for a product” in the portion before paragraph 1 and substituting “of a product”.

4. Section 19 of the Regulation is amended by adding the following subsection:

(3) If a residence becomes an eligible source by application of clause 4 (5) (b), a producer shall comply with the requirements of this Part as they relate to that residence as soon as is practicable after the date on which the residence became an eligible source.

5. Clause 24 (b) of the Regulation is revoked and the following substituted:

(b)  ensure that the depot collection sites for blue box material,

(i)  have operating hours that are at least as accessible as the hours for depot collection sites for household garbage in the eligible community where the residence is situated, and

(ii)  accept blue box material from all individuals who are permitted to use those depot collection sites for household garbage;

6. Section 28 of the Regulation is revoked.

7. Subsection 29 (1) of the Regulation is amended by striking out “During the transition period” at the beginning.

8. Section 30 of the Regulation is amended by striking out “sections 28 and 29” wherever it appears and substituting in each case “section 29”.

9. Clause 31 (3) (b) of the Regulation is revoked and the following substituted:

(b)  be made to the First Nation through the Registry as soon as is practicable after the First Nation, upon having registered the reserve as an eligible community under section 59, submits the information to the Authority, through the Registry, as required by section 56.

10. The Regulation is amended by adding the following section:

Processing

38.1 Every producer shall ensure that blue box material collected by the producer is processed by a registered processor within three months after its collection.

11. (1) Subsection 39 (1) of the Regulation is amended by striking out “subsection (2)” and substituting “subsections (2) and (3)”.

(2) Section 39 of the Regulation is amended by adding the following subsection:

(3) During 2026 and 2027, the producer shall use best efforts to comply with subsection (1).

12. Clause (a) of the definition of “B” in subsection 40 (1) of the Regulation is amended by adding “as it read before January 1, 2026” at the end.

13. (1) The French version of subsection 41 (3) of the Regulation is amended by striking out “exigence de gestion” and substituting “obligation de gestion”.

(2) The French version of subsection 41 (4) of the Regulation is amended by striking out “l’exigence de gestion” in the portion before paragraph 1 and substituting “l’obligation de gestion”.

(3) Paragraphs 2 and 3 of subsection 41 (4) of the Regulation are amended by adding “subject to subsection (5)” at the end.

(4) Section 41 of the Regulation is amended by adding the following subsections:

(5) Recovered resources that meet the following conditions may account for up to 15 per cent of a producer’s management requirement for a material category:

1.  The recovered resources are residue from recovery processes and are,

i.  supplied for use in a product that is fuel or a fuel supplement, or

ii.  incinerated for the purpose of producing electricity.

2.  The use of the recovered resources as described in paragraph 1 constitutes the only practical use of the recovered resources.

(6) Recovered resources referred to in paragraph 1 of subsection (5) that are incinerated for the purpose of producing electricity may be accounted for, to the extent permitted by that subsection, despite paragraph 1 of subsection (2).

14. The Table to section 42 of the Regulation is revoked and the following substituted:

Table

Material category	Minimum amount under subsection 40 (2) (in tonnes)	Recovery percentage 2026-2027 (expressed as a percentage)	Recovery percentage 2028-2031 (expressed as a percentage)	Recovery percentage 2032 and subsequent years (expressed as a percentage)
Paper	9	80	80	85
Rigid Plastic	2	50	50	60
Flexible Plastic	2	10	15	25
Glass	1	75	75	85
Metal	1	67	67	75
Beverage Containers	1	75	75	80

 

15. (1) Paragraph 2 of subsection 51 (1) of the Regulation is amended by striking out “other than the beverage container material category” in the portion before subparagraph i.

(2) Sub-subparagraphs 11 iii B and C of subsection 51 (1) of the Regulation are amended by adding “and could not be accounted for under subsection 41 (5) in respect of the producer’s management requirement for a material category” at the end.

16. Sub-subparagraphs 3 iii B and C of subsection 52 (1) of the Regulation are amended by adding “and could not be accounted for under subsection 41 (5) in respect of a producer’s management requirement for a material category” at the end.

17. Sub-subparagraphs 2 iii B and C of subsection 53 (1) of the Regulation are amended by adding “and could not be accounted for under subsection 41 (5) in respect of a producer’s management requirement for a material category” at the end.

18. The Regulation is amended by adding the following section:

Special 2027 report, producer responsibility organizations and processors

53.1 (1) Each producer responsibility organization shall submit a report to the Authority, through the Registry, that contains the following information respecting the period beginning on January 1, 2027 and ending on June 30, 2027:

1.  If the producer responsibility organization, at any time, entered into agreements with producers to provide collection services pursuant to Part IV for any part of the period, the weight of blue box material collected by the producer responsibility organization under the agreements.

2.  If the producer responsibility organization, at any time, entered into agreements with producers to provide collection services in respect of Part V for any part of the period, the weight of blue box material by material category collected by the producer responsibility organization in the alternative collection systems.

3.  If the producer responsibility organization, at any time, entered into agreements with producers to establish and operate a supplemental collection system for any part of the period, the weight of blue box material by material category collected by the producer responsibility organization in the supplemental collection system.

4.  For each processor that the producer responsibility organization retained to process blue box material supplied to consumers in Ontario and who processed the material during the period,

i.  the name of the processor and any unique identifier assigned to it by the Registrar,

ii.  the weights mentioned in subparagraphs 3 i to v of subsection 52 (1) related to recovered resources that,

A.  the processor is expected to report to the Authority under section 53 in the name of the producer responsibility organization, and

B.  the producer responsibility organization intends to report under section 52 as allocated to a producer.

(2) Each processor shall submit a report to the Authority, through the Registry, that contains the following information respecting the period beginning on January 1, 2027 and ending on June 30, 2027:

1.  Weights of the following, with weights in respect of blue box material collected under Part IV, Part V and supplemental collection systems reported separately:

i.  Blue box material supplied to consumers in Ontario received by the processor for processing.

ii.  Blue box material supplied to consumers in Ontario processed by the processor.

iii.  Recovered resources recovered from blue box material referred to in subparagraph ii.

iv.  Recovered resources referred to in subparagraph iii that were recovered from blue box material in each material category.

2.  The weights mentioned in subparagraphs 2 i to v of subsection 53 (1) related to recovered resources that the processor intends to report under those provisions with amounts related to recovered resources reported under each provision and for each producer responsibility organization reported separately.

(3) A report required under subsection (1) or (2) shall be submitted on or before August 31, 2027.

19. Section 72 of the Regulation is revoked and the following substituted:

Forms of promotion

72. (1) The information mentioned in sections 70 and 71 shall be provided as follows:

1.  It shall be published on a publicly accessible website, in French and English.

2.  Upon request by a municipality, local services board or First Nation, it shall be delivered in print form, free of charge, to eligible sources mentioned in the request.

3.  Upon request by a person residing at a residence or person responsible for the operation of a facility, it shall be delivered in print form, free of charge, to the residence or facility, as the case may be.

(2) If a request mentioned in paragraph 2 or 3 of subsection (1) includes a request for any French printed materials, the information shall be provided in French as requested.

(3) A request mentioned in paragraph 2 or 3 of subsection (1) may be made once in any calendar year by a municipality, local services board, First Nation, person residing at a residence or person responsible for the operation of a facility.

Commencement

20. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of January 1, 2026 and the day this Regulation is filed.

(2) Sections 2, 3 and 9 and subsections 13 (1) and (2) come into force on the day this Regulation is filed.