Managed EEE criteria
 17. (1) The following conditions apply for the purposes of satisfying a management requirement under section 14: 1.  The weight of recovered resources, including batteries removed, that may be counted toward the management requirement must be from either ITT/AV or from lighting, as the case may be, that was used by a consumer in Ontario, from the same category that was used to calculate the management requirement, and that has been, by the end of the management period, i.  with respect to recovered resources from ITT/AV or lighting, as the case may be, A.  managed in accordance with the EEE Processing and Refurbishing Procedure and provided to a person for reuse by an EEE refurbisher who is registered under section 22 or is not required to register under section 22 as a result of managing less than 10 tonnes of EEE in the calendar year prior to the applicable performance period, B.  processed in accordance with the EEE Processing and Refurbishing Procedure by an EEE processor who meets the requirements set out under subsection (4), and 1.  used or destined to be used by a person for the making of new products or packaging, or 2.  subject to subsection (2), if the processed material is glass, used as aggregate; and ii.  with respect to recovered resources from batteries removed from ITT/AV or lighting, A.  managed by a battery refurbisher who is registered under section 21 of Ontario Regulation 30/20 (Batteries) made under the Act and provided to a person for reuse, or B.  processed by a battery processor who meets the requirements set out under subsection (5), and 1.  used or destined to be used by a person for the making of new products or packaging, 2.  used to enrich soil, or 3.  subject to subsection (3), used as aggregate. 2.  Subject to paragraph 3, the weight of EEE, including recovered resources from and batteries removed from that EEE, may only be counted once, by one producer, for the purpose of meeting a management requirement and, once counted, shall not be used toward another management requirement provided for under Ontario Regulation 30/20 (Batteries) or any other regulation made under the Act. 3.  In the case of reuse or refurbishment, the weight of EEE, including recovered resources from and batteries removed from that EEE, i.  may be counted as two times its actual weight by the producer for the purpose of meeting management requirements under section 14, where the producer utilizes the services of a refurbisher who is located inside Ontario, ii.  may be counted as one times its actual weight by the producer for the purpose of meeting management requirements under section 14, where the producer utilizes the services of a refurbisher who is located outside Ontario, and iii.  once counted, shall not be used toward another management requirement provided for under Ontario Regulation 30/20 (Batteries) or any other regulation made under the Act. 4.  The following must not be counted toward the management requirement: i.  The weight of another product that is not ITT/AV or lighting that includes components, parts or peripherals that are ITT/AV or lighting, other than the weight of components, parts or peripherals that are ITT/AV or lighting that have been removed from those products. ii.  The weight of materials that are land disposed. iii.  The weight of materials that are incinerated. iv.  The weight of materials that are used as a fuel or a fuel supplement. v.  The weight of materials that are stored, stockpiled, used as daily landfill cover or otherwise deposited on land, unless they are deposited on land in a manner set out in sub-sub-subparagraph 1 i B 2 or sub-sub-subparagraph 1 ii B 2 or 3. (2) With respect to satisfying the management requirement under section 14, the weight of processed glass used as aggregate, referred to in sub-sub-subparagraph 1 i B 2 of subsection (1), may only account for up to, (a)  15 per cent of the management requirement, for ITT/AV; and (b)  50 per cent of the management requirement, for lighting. (3) With respect to satisfying the management requirement under section 14, the weight of material used as aggregate, referred to in sub-sub-subparagraph 1 ii B 3 of subsection (1) may only account for up to 15 per cent of the management requirement. (4) An EEE processor referred to in sub-subparagraph 1 i B of subsection (1) shall meet the following requirements: 1.  The EEE processor shall be registered under section 22. 2.  The EEE processor must have an average recycling efficiency rate, i.  of at least 80 per cent, with respect to ITT/AV, beginning in the 2023 calendar year, ii.  of at least 50 per cent, with respect to lighting, beginning in the 2025 calendar year, and iii.  of at least 90 per cent, with respect to mercury removed from lighting, beginning in the 2025 calendar year. (5) A battery processor referred to in sub-subparagraph 1 ii B of subsection (1) shall meet the following requirements: 1.  The battery processor must be registered under section 21 of Ontario Regulation 30/20 (Batteries) made under the Act or not be required to register under that section as a result of processing less than 300 tonnes of batteries, in total, for the purpose of fulfilling producer responsibilities under both that Regulation and this Regulation in the previous calendar year. 2.  Beginning in the 2023 calendar year, the battery processor must have an average recycling efficiency rate, i.  of at least 70 per cent, with respect to rechargeable batteries, and ii.  of at least 80 per cent, with respect to primary batteries. (6) The data used to calculate the average recycling efficiency rates referred to in paragraph 2 of subsection (4) and paragraph 2 of subsection (5) must be calculated and verified in accordance with the EEE Verification and Audit Procedure.