Proposed producer responsibility regulation for Hazardous and Special Products (HSP)
Regulation - LGIC
Bill or Act:
Resource Recovery and Circular Economy Act
Summary of Decision:
We have finalized the Hazardous and Special Products regulation that will make producers of hazardous and special products, including paints, pesticides, solvents, oil filters, oil containers, antifreeze, pressurized containers, mercury-containing devices and fertilizers, responsible for collecting, managing and/or promoting the recycling or proper disposal of these products.
After considering all comments and feedback received on the draft proposed regulation, the Hazardous and Special Products (HSP) regulation was filed with the Registrar of Regulations on June 8, 2021.
The Hazardous and Special Products regulation comes into force on July 1, 2021. Producers will have time to enter into agreements with service providers prior to most obligations under the regulation having effect starting on October 1, 2021. This will help ensure a seamless transition from the Municipal Hazardous or Special Waste (MHSW) program, which is scheduled to end on September 30, 2021.
Details on the new HSP regulation can be found on the Environmental Registry of Ontario (ERO), under the registry number 019-2836.
Analysis of Regulatory Impact:
Based on the Ministry's Regulatory Impact Analysis, the HSP regulation is expected to result in an annual decrease of $3,351,660 in administrative costs to businesses.
Under a producer responsibility framework, producers can achieve operational cost savings in several ways, including through:
negotiating pricing and contracts with service providers at lower prices
contracting larger volumes of materials to larger businesses that can operate more efficiently due to economies of scale
re-designing their products
investing in new innovative waste management technologies and practices
February 11, 2021
Summary of Proposal:
The Municipal Hazardous or Special Waste (MHSW) Program was established in July 2008 to ensure that consumer products resulting in waste, which is deemed hazardous or special waste, are collected and properly managed. The MHSW Program manages various materials, including paints, solvents, oil filters, antifreeze, empty oil containers, pressurized containers, fertilizers and pesticides.
On June 30, 2021, all materials managed by the MHSW Program are expected to be transitioned to a new producer responsibility regulation, with the addition of select mercury-containing devices. The main purpose of the new proposed Hazardous and Special Products (HSP) Regulation is to make producers environmentally accountable and financially responsible for collecting and managing HSP at end-of-life. This new model means transitioning costs of the MHSW Program away from municipalities and municipal taxpayers.
The proposed Hazardous and Special Products (HSP) regulation would require producers to:
establish free collection networks for consumers
manage all collected materials properly, including meeting procedures for recycling, where possible, or disposal
provide promotion and education materials to increase awareness
register, report, provide audited/verified sales data, keep records and meet other requirements
transparently reflect any related charges that are intended to be passed on to consumers.
Details on the draft proposed Hazardous and Special Products (HSP) regulation can be found on the Environmental Registry of Ontario (ERO), under the registry number 019-2836.
July 1, 2021