Ontario Proposes Amendments to Producer Responsibility Regulations for Batteries and Electrical and Electronic Equipment

This blog was originally posted on 11th September, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY KELLY BUGIERA, SENIOR REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE & RISKS

Introduction

Ontario’s producer responsibility framework is intended to ensure that producers of specified materials and products are held accountable for the environmental impact, as well as the related financial costs, of waste generated by their products in Ontario. Changes are proposed to the following producer responsibility regulations under the Resource Recovery and Circular Economy Act, 2016 (RRCEA):

• Batteries Regulation (O. Reg. 30/20)
• Electrical and Electronic Equipment (EEE) Regulation (O. Reg. 522/20)

These proposed changes aim to increase flexibility, reduce administrative burdens, and simplify the compliance requirements for the producers of specified materials and products. These revisions are not expected to impact the ultimate goal of the regulations, which is to reduce and divert waste.

Proposed Changes to the Batteries Regulation

The following amendment is proposed to provide battery producers with additional time to achieve management targets:

• Extend management target – push back the increase of the management target for primary and rechargeable batteries to 50 per cent by five years, from 2025 to 2030.

Proposed Changes to the Electrical and Electronic Equipment (EEE) Regulation

The following amendment is proposed to reduce the burden for producers and simplify the regulation:

• Change requirements for ITT/AV replacement parts – reporting requirements for replacement parts from information technology, telecommunications, and audiovisual (ITT/AV) equipment to be removed so they are not part of a producer’s supply reporting; please note that producers would still need to ensure these materials are managed appropriately when they are collected.
• Revise allowable reuse – the option for producers to count two times the actual weight of EEE that is managed by an Ontario-based refurbisher in order to meet a producer’s management requirement would be removed – instead, producers would only need to report the actual weight of EEE reused or refurbished in Ontario.
• Remove waste reduction incentives – the provision allowing producers to reduce their obligated supply tonnage based on the amount of recycled content, extended warranties, and repair incentives that are offered would be removed. This revision would simplify reporting and remove the complexity associated with calculating reductions.
• Extend management target – the increase of the management target for ITT/AV equipment to 70 per cent would be pushed back by five years, from 2025 to 2030.

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