Regulation - LGIC

A proposed regulation, and proposed regulatory amendments, to make producers responsible for operating blue box programs

Regulation Number(s):
391/21
392/21
Instrument Type:
Regulation - LGIC
Bill or Act:
N/A
Summary of Decision:
After considering input received from stakeholders on the proposed producer responsibility regulation for blue box materials under the RRCEA the regulation was filed on June 3, 2021.

We are making producers of blue box materials fully responsible for managing their products by:
•transitioning existing municipal, unorganized territories and First Nation blue box services to producer responsibility between 2023 and 2025
•making producers responsible for a consistent set of blue box materials and eligible sources beginning in 2026
Blue box regulation will put in place a new framework that:
•makes individual producers responsible for the collection and end-of-life management of the blue box materials they supply to consumers in Ontario
•gives producers control over how they provide blue box collection services to residents, manage collected blue box wastes, and achieve compliance with diversion targets

New requirements for blue box materials
Blue box regulation requires producers of paper, packaging, packaging-like products and single-use items to:
•maintain or improve existing blue box services, including participating in a common curbside blue box collection system across Ontario
•expand blue box services to communities outside the Far North, regardless of their population
•expand blue box services to additional sources, such as multi-unit residential buildings, schools, non-profit and municipal retirement and long-term care homes and public spaces
•collect a consistent set of materials in blue boxes across the province
•meet management requirements for blue box materials, such as diversion targets
•implement a promotion and education program to increase collection, reuse, recycling and recovery of materials
Analysis of Regulatory Impact:
Based on the regulatory impact analysis RIA results, the proposed regulation is expected to result in an annual decline of approximately $6 million in administrative costs to business.
Further Information:
Proposal Number:
20-MECP026
Posting Date:
October 19, 2020
Summary of Proposal:
Our Made-in-Ontario Environment Plan commits to shifting to a waste management approach where producers are responsible for the waste generated from their products and packaging, and where waste is seen as a resource that can be recovered, reused and reintegrated back into the economy. This will support the health of Ontario's environment, communities and economy.

Ontario is transitioning the current blue box program to a producer responsibility model. The new model means transitioning costs of the blue box program away from municipal taxpayers and making producers of products and packaging fully responsible for the waste they create. The model will:
• improve recycling across the province; and
• address the serious problem of plastic pollution

Ontario is continuing to move forward with its full producer responsibility framework for waste reduction, reuse and recycling by proposing a new regulation, and proposing amendments to an existing regulation. This proposed regulation, under the RRCEA would require producers to operate a common collection system to collect blue box recycling from every eligible source in Ontario and manage recycling in a safe and environmentally sound manner. Producers would be allowed to engage producer responsibility organizations (PROs) to help them achieve their regulated outcomes.

The proposed regulation under the RRCEA would:
• make producers responsible for collecting and managing blue box materials, which comprises of designated products and packaging;
• expand the scope of blue box materials collected and managed
• maintain or improve existing blue box services, including creating one common curbside blue box collection system across Ontario;
• expand blue box services to communities outside the Far North, regardless of their population;
• expand blue box services to additional sources, such as multi-unit residential buildings, schools, retirement homes, long-term care homes and some public spaces;
• collect a consistent set of materials in blue boxes across the province; and
• make producers responsible for meeting management requirements for blue box materials, such as diversion targets.

The proposed regulation would not:
• impact existing deposit return initiatives operated for alcohol beverage containers; or
• require producers to provide blue box services in the industrial, commercial, and institutional sectors (beyond multi-unit residential buildings, schools, long-term care homes, retirement homes and some public spaces.)

Blue box material would include designated products, packaging, single-use packaging-like products and single-use food and beverage service products made from paper, metal, glass, plastic, or any combination of these materials.

The government's intention is for producers to be responsible for designated products and packaging, including compostable materials. Further time is needed, however, to determine how compostables can be best managed and diverted from landfill. For this reason, the proposed regulation would exempt compostable materials from collection and management requirements. Producers of compostable materials would be obligated to register and report annually, to help build our knowledge of how these materials are used in Ontario.

Contact Address:
40 St. Clair Avenue West, 8th Floor
Toronto, Ontario
M4V 1M2
Effective Date:
June 3, 2021
Decision:
Approved