Ontario Regulation 174/23, enacted under the Resource Recovery and Circular Economy Act, 2016, was made on June 22, 2023. This regulation updates the existing rules surrounding the blue box program in Ontario, specifically addressing the collection and management of recyclable materials.

One of the key changes in this regulation is the refined definition of a “supplemental collection system.” This term now refers to any system for collecting blue box materials that is not governed by Parts IV or V of the current regulations but is registered with the appropriate authority. Producers are now allowed to register their own collection systems if they choose to do so. Additionally, producers wishing to register a supplemental collection system must submit specific information as part of their registration to the governing authority. This provision facilitates collaboration among multiple producers, allowing them to share responsibilities in establishing these collection systems.

Furthermore, the method for determining management requirements for blue box materials has been updated. Producers are now required to calculate their management requirements using a formula based on the weights of blue box materials reported in previous years, along with recovery percentages set for future years. This change ensures that producers are held accountable for the materials they introduce into the market. Starting in 2024, producers will also face restrictions on counting certain recovered resources from blue box materials toward their management requirements, thereby increasing their responsibility for effectively managing the recycling of their products.

The regulation also allows producers to submit revised annual reports to the authority, enabling them to adjust earlier submissions with updated data regarding the weights of blue box materials collected from various facilities, including businesses and residences. Moreover, specific types of materials will now be excluded from the weight calculations used to determine management requirements. For instance, materials collected through alternative systems or from public spaces will not be included in the reported weights.

The amendments introduced by Ontario Regulation 174/23 are aimed at enhancing the blue box recycling program in Ontario. By emphasizing accountability and clarity in both collection and reporting processes, the regulation seeks to promote better resource recovery and reduce waste. Producers are encouraged to adopt a proactive approach in establishing their collection systems and adhering to the new reporting standards. The regulation also highlights the potential for collaboration among producers and the option to work with third-party operators, promoting community-oriented recycling efforts.

Ontario (174/23) July 15, 2023