jswizzle3737/ontario_laws_and_regs huggingface dataset:
Designated Class
nan
Tires
 2. For the purposes of section 60 of the Act, tires are a designated class of material. Producers
Producers
nan
Producers
 3. (1) For the purposes of the definition of “producer” in subsection 1 (1), the producer is, (a) subject to subsections (2) and (3), with respect to new vehicles marketed to consumers in Ontario, on which new tires are provided, (i) if the manufacturer of the vehicle is resident in Canada, the manufacturer, (ii) if there is no person described in subclause (i) and the vehicle is imported into Ontario by a person resident in Ontario, the importer, (iii) if there is no person described in subclause (i) or (ii) and the vehicle is marketed by a person resident in Ontario, the first person who marketed the vehicle, or (iv) if there is no person described in subclause (i), (ii) or (iii) and the vehicle is marketed by a person not resident in Ontario, the person who marketed the vehicle; or (b) with respect to new tires marketed to consumers in Ontario separately from a vehicle, (i) if the brand holder of the tires is resident in Canada, the brand holder, (ii) if there is no person described in subclause (i) and the tires are imported into Ontario by a person resident in Ontario, the importer, (iii) if there is no person described in subclause (i) or (ii) and the tires are marketed by a person resident in Ontario, the first person who marketed the tires, or (iv) if there is no person described in subclause (i), (ii) or (iii) and the tires are marketed by a person not resident in Ontario, the person who marketed the tires. O. Reg. 225/18, s. 3 (1); O. Reg. 552/22, s. 2. (2) For the purposes of clause 61 (6) (c) of the Act, a person referred to in clause (1) (a) of this section is required to carry out the responsibilities of a producer under Part IV of the Act with respect to tires if they market a new vehicle in Ontario on which new tires are provided. O. Reg. 225/18, s. 3 (2). (3) Clause (1) (a) does not apply with respect to a new vehicle that is an aircraft. O. Reg. 225/18, s. 3 (3).
Producer responsibility organizations
 3.1 (1) Every producer responsibility organization that has entered into an agreement with a producer to provide collection services or management services under this Regulation is required to satisfy the requirements set out in sections 6 to 10 and clause 11 (2) (a) that apply to that producer with respect to the services covered in that agreement. O. Reg. 552/22, s. 3. (2) In sections 6 to 10 and clause 11 (2) (a), a reference to a producer includes a producer responsibility organization to which subsection (1) applies. O. Reg. 552/22, s. 3. (3) For the purposes of paragraph 2 of subsection 61 (2) of the Act, the condition that must be met by a person in respect of tires is that the person must be a producer responsibility organization. O. Reg. 552/22, s. 3. (4) For the purposes of clause 61 (6) (c) of the Act, the criterion that the person must satisfy is that the person must be a producer responsibility organization or a producer. O. Reg. 552/22, s. 3. (5) For the purposes of clause 62 (1) (d) of the Act, the criterion that the person must satisfy is that the person must be a producer responsibility organization or a producer. O. Reg. 552/22, s. 3. Tire Collection and Management
Tire Collection and Management
nan
Tire collection amounts
 4. (1) Subject to subsection (7), every calendar year, every producer shall collect a minimum amount of tires in accordance with this section. O. Reg. 225/18, s. 4 (1). (2) The minimum amount of tires that must be collected each calendar year shall be determined using the formula, (Y3 + Y4 + Y5) / 3 × 0.85 in which, “Y3” is the calculated weight of tires supplied or provided on vehicles supplied in Ontario by the producer in the calendar year three years prior to the collection year, “Y4” is the calculated weight of tires supplied or provided on vehicles supplied in Ontario by the producer in the calendar year four years prior to the collection year, and “Y5” is the calculated weight of tires supplied or provided on vehicles supplied in Ontario by the producer in the calendar year five years prior to the collection year. O. Reg. 225/18, s. 4 (2). (3) No producer shall collect tires from outside of Ontario for the purpose of satisfying the minimum amount of tires required under subsection (2). O. Reg. 225/18, s. 4 (3). (4) The following conditions apply for the purposes of satisfying the minimum amount of tires required under subsection (2): 1. Tires counted toward the minimum requirement must be, i. picked up by a tire hauler registered under section 17 and provided to a tire processor or tire retreader registered under section 17, or ii. provided to a person for reuse. 2. Tires must only be counted once and must not be counted by more than one producer. O. Reg. 225/18, s. 4 (4). (5) The producer shall calculate the minimum amount under subsection (2) using the data submitted under paragraph 4 of subsection 18 (2) with respect to the calculated weight of tires supplied or provided on vehicles supplied in Ontario for the calendar year to which Y3, Y4 and Y5 apply. O. Reg. 552/22, s. 4 (1). (6) Every producer who supplies large tires or a vehicle on which large tires are provided shall ensure that the amount of large tires collected in a calendar year equals at least 60 per cent of the amount determined under subsection (2) for that calendar year that is attributable to large tires supplied or provided on vehicles supplied in Ontario. O. Reg. 225/18, s. 4 (6). (7) Subsection (1) and sections 5 to 10, 15, 18 and 26 do not apply to a producer in a calendar year if the minimum amount determined under subsection (2) of this section for the producer in that calendar year is 1000 kilograms or less of calculated weight. O. Reg. 225/18, s. 4 (7); O. Reg. 552/22, s. 4 (2).
Tire collection system, producer requirements
 5. (1) Every producer shall establish and operate a collection system for tires in accordance with the applicable requirements set out in sections 6 to 10.  (2) For greater certainty, a tire collection site may be operated by or on behalf of one or more producers and may be relied on by one or more producers to satisfy the requirements set out in sections 6 to 10.
Tire collection, small producers
 7. Every producer, other than a producer who only supplies large tires or vehicles on which large tires are provided, who is required under section 4 to collect less than 10,000 kilograms of calculated weight in a calendar year shall satisfy the following requirements: 1. In local municipalities with one or more retail locations that supply the producer’s tires or vehicles on which their tires are provided to consumers, the producer shall establish and operate at least one tire collection site. 2. In territorial districts, the producer shall establish and operate a tire collection site within 30 kilometres of each retail location that supplies the producer’s tires or vehicles on which their tires are provided.
Tire collection, producers without a retail location
 8. Every producer, other than a producer who only supplies large tires or vehicles on which large tires are provided, whose sole means of supplying tires or vehicles on which tires are provided to consumers in Ontario is through the Internet, using a catalogue or telephone order system or by any other remote sales method, shall provide for the collection of tires in a manner that is, at a minimum, equivalent to the manner in which the tires were supplied or shall, (a) in local municipalities with a population of 1,000 or more, as reported by Statistics Canada in the most recent official census, establish and operate, (i) at least one tire collection site if the population is less than 3,000, or (ii) if the population is 3,000 or more, at least one tire collection site for every 3,000 people or portion thereof; and (b) in territorial districts with a population of 1,000 or more, as reported by Statistics Canada in the most recent official census, establish and operate at least one tire collection site.
Tire collection, producers of large tires
 9. Every producer who supplies large tires or a vehicle on which large tires are provided to consumers in Ontario shall provide for the collection of large tires in a manner that is, at a minimum, equivalent to the manner in which the tires were supplied.
Tire collection, general requirements
 10. Every producer shall ensure that, with respect to each tire collection site that is part of the producer’s tire collection system, the following requirements are satisfied: 1. The tire collection site must be operated and accept tires during normal business hours. 2. The tire collection site must accept tires that are still attached to rims. 3. The tire collection site, other than a tire collection site owned or operated by a municipality or the Crown in right of Ontario, at which new tires are supplied or provided on a new vehicle must accept, at a minimum, i. tires that are of a similar rim size and calculated weight as those supplied or provided at the site, and ii. up to 10 tires per day from any person that are of a similar rim size and calculated weight as those supplied or provided at the site. 4. If a tire collection site referred to in paragraph 3 accepts more than 10 tires from a person on a single day, the operator of the site shall record the person’s name, contact information, any unique identifier assigned by the Registrar and the number of tires accepted at the site from that person. 5. If the tire collection site is owned or operated by a municipality or the Crown in right of Ontario, it must accept, at a minimum, i. passenger and light truck tires, and ii. up to 10 passenger and light truck tires per day from any person.
Registration, producers
 15. (1) Every producer shall register with the Authority through the Registry by submitting the information set out under subsection (2) within 30 days of marketing tires or a vehicle on which tires are provided, in Ontario. O. Reg. 552/22, s. 9 (1). (2) The following information is required to be submitted for registration: 1. The producer’s name, contact information and any unique identifier assigned by the Registrar. 2. The designated class of materials the producer collects or is required to collect. 3. The name, contact information and any unique identifier assigned by the Registrar of any producer responsibility organization retained by the producer. 4. The name and contact information of an employee of the producer who has authority to bind the corporation or entity and who is responsible for having the registration complete and up to date. 5. A description of how the producer is fulfilling or plans to fulfil their responsibilities relating to tires, including the following: i. If subclause 6 (1) (a) (i) applies to the producer, a list of retail locations in Ontario where the producer supplies tires or vehicles on which tires are provided. ii. If subclause 6 (1) (a) (iii) or paragraph 2 of section 7 applies, the location of any retail locations where the producer supplies tires or vehicles on which tires are provided. iii. If paragraph 1 of section 7 applies, the location of one retail location within the municipality. iv. The name, contact information and any unique identifier assigned by the Registrar of each tire collector that is part of the producer’s tire collection system, and the location of each tire collection site that is part of the system. v. The name, contact information and any unique identifier assigned by the Registrar of each tire hauler, tire processor and tire retreader that is part of the producer’s tire collection or management system. vi. A description of any collection services provided by the producer that are available other than at a tire collection site. 6. The date the producer first marketed tires or provided tires on vehicles marketed in Ontario. 7. Revoked: O. Reg. 552/22, s. 9 (2). O. Reg. 225/18, s. 15 (2); O. Reg. 552/22, s. 9 (2). (3), (4) Revoked: O. Reg. 552/22, s. 9 (3). (5) The producer shall submit updated information within 15 days after any change to the information required to be submitted under this section. O. Reg. 225/18, s. 15 (5). (6) This section applies with necessary modifications to any producer who collects tires in a calendar year despite being exempt from the requirement to collect tires in that calendar year pursuant to subsection 4 (7). O. Reg. 225/18, s. 15 (6).
Submission of registration information by volunteer organization
 15.1 (1) A producer of tires who is not the brand holder of the tires may enter into a written agreement that authorizes a volunteer organization that owns a brand used in respect of the tires to submit information set out under section 15 on behalf of the producer. O. Reg. 552/22, s. 10. (2) A volunteer organization that enters into an agreement referred to in subsection (1) shall submit the information set out under section 15 on behalf of the producer at least 15 days before the producer is required to register under that section and shall also submit the following information: 1. The volunteer organization’s name, contact information and any unique identifier assigned by the Registrar. 2. The name, contact information and any unique identifier assigned by the Registrar of any producer responsibility organization retained by the volunteer organization. 3. The name and contact information of an employee of the volunteer organization who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date. 4. The brand of tires that is owned by the volunteer organization and in respect of which the registration relates. O. Reg. 552/22, s. 10. (3) The volunteer organization shall submit updated information within 15 days after any change to the information required under subsection (2) or 15 (2). O. Reg. 552/22, s. 10.
Registration, producer responsibility organizations
 16. (1) Every producer responsibility organization shall, within 30 days of being retained by a producer, register with the Authority through the Registry by submitting the following information: 1. The producer responsibility organization’s name, contact information and any unique identifier assigned by the Registrar. 2. The designated class of materials in respect of which the producer responsibility organization is retained. 3. A description of how tires collected by the producer responsibility organization are allocated among producers who have retained the organization’s services for the purposes of meeting their requirements under section 4. 4. A description of how tires or processed materials collected by the producer responsibility organization are allocated among producers who have retained the organization’s services for the purposes of meeting their requirements under section 11. 5. The name and contact information of an employee of the producer responsibility organization who has authority to bind the corporation or entity and who is responsible for having the registration complete and up to date. (2) The producer responsibility organization shall submit updated information within 15 days of any change to the information required to be submitted under this section.
Reporting, Auditing and Record Keeping
nan
Submission of reports by third parties
 18.1 (1) A producer may enter into a written agreement that authorizes a third party, including a volunteer organization, to submit a report under this Regulation on behalf of the producer. O. Reg. 552/22, s. 13. (2) If the third party that submits a report under subsection (1) is a volunteer organization, the volunteer organization shall submit the report on behalf of the producer at least 15 days before the producer is required to submit the report. O. Reg. 552/22, s. 13.
Reports, producer responsibility organizations
 19. On or before May 31 in each year, every producer responsibility organization shall create and submit to the Authority through the Registry an annual report that contains the following information with respect to the previous calendar year: 1. The number and calculated weight of tires, for each tire type, that were collected by the producer responsibility organization. 2. The calculated weight of tires allocated to each producer who retained the producer responsibility organization’s services for the purposes of meeting their requirements under section 4. 3. The calculated weight of tires or the weight of processed materials allocated to each producer who retained the producer responsibility organization’s services for the purposes of meeting their requirements under section 11. 4. The number and location of tire collection sites or public tire collection events arranged, established or operated on behalf of each producer by the producer responsibility organization and the producer’s name, contact information and any unique identifier assigned by the Registrar. O. Reg. 225/18, s. 19; O. Reg. 552/22, s. 14.
Reports, tire collectors
 20. On or before May 31 in each year, every tire collector, other than a municipality, the Crown in right of Ontario or a reserve, who collects more than 1,000 kilograms of calculated weight in the previous calendar year shall create and submit to the Authority through the Registry an annual report that contains the following information with respect to the previous calendar year: 1. The number of tires collected for each tire type at each tire collection site. 2. The number and calculated weight of tires referred to in paragraph 1, for each tire type, that the tire collector sold for reuse. 3. For each tire hauler to whom the tire collector provided collected tires referred to in paragraph 1, the number of tires provided, for each tire type, and the tire hauler’s name, contact information and any unique identifier assigned by the Registrar. 4. If the tire collector is part of a producer’s tire collection system, the name and contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. 5. If any of the tires referred to in paragraph 1 were collected from outside of Ontario, the number of those tires for each tire type. 6. The number of times, including multiple instances on a single day, that the tire collector accepted more than 10 tires from a person at a tire collection site on a single day. O. Reg. 225/18, s. 20; O. Reg. 552/22, s. 15.
Reports, tire haulers
 21. On or before May 31 in each year, every tire hauler shall create and submit to the Authority through the Registry an annual report that contains the following information with respect to the previous calendar year: 1. The number and calculated weight of tires, for each tire type, picked up from a tire collector or other person and the tire collector’s or other person’s name, contact information and any unique identifier assigned by the Registrar. 2. The number and calculated weight of tires referred to in paragraph 1, for each tire type, that the tire hauler sold or provided for reuse. 3. For each tire retreader to whom the tire hauler provided tires referred to in paragraph 1, the number and calculated weight of tires provided, for each tire type, and the tire retreader’s name, contact information and any unique identifier assigned by the Registrar. 4. For each tire processor to whom the tire hauler provided tires referred to in paragraph 1, the number and actual weight of tires provided, for each tire type, and the tire processor’s name, contact information and any unique identifier assigned by the Registrar. 5. If the tire hauler is part of a producer’s tire collection system, the name and contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. 6. If any of the tires referred to in paragraph 1 were collected from outside of Ontario, the number and calculated weight of those tires for each tire type. O. Reg. 225/18, s. 21; O. Reg. 552/22, s. 16.
Reports, tire processors
 22. On or before May 31 in each year, every tire processor shall create and submit to the Authority through the Registry an annual report that contains the following information with respect to the previous calendar year: 1. The number and actual weight of tires, for each tire type, received from a tire hauler at each site where the tire processor receives and processes tires and the tire hauler’s name, contact information and any unique identifier assigned by the Registrar. 2. The number and calculated weight of tires referred to in paragraph 1, for each tire type, that the tire processor sold or provided for reuse. 3. A description of the processing activities undertaken by the tire processor, including the number and actual weight of tires referred to in paragraph 1 that were processed and the weight of the processed materials, by material type. 4. With respect to the processed materials referred to in paragraph 3, i. a list of the types of products and packaging that were made by the tire processor and the weight of the processed materials that were used in the making of such products and packaging, and ii. the weight of the processed materials that were sent by the tire processor to another person for the purposes of making products and packaging and the types of products and packaging that were made by the other person with the processed materials. 5. The number and actual weight of tires referred to in paragraph 1 and the weight of processed materials referred to in paragraph 3 that were, i. land disposed, ii. incinerated, iii. used as a fuel or a fuel supplement, or iv. stored, stockpiled, or otherwise deposited on land. 6. If the tire processor is part of a producer’s tire management system, the name and contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. 7. If any of the tires referred to in paragraph 1 were collected from outside of Ontario, the number and calculated weight of those tires for each tire type. 8. If the tire processor received processed materials derived from tires collected outside of Ontario, the weight of those processed materials. O. Reg. 225/18, s. 22; O. Reg. 552/22, s. 17.
Reports, tire retreaders
 23. On or before May 31 in each year, every tire retreader shall create and submit to the Authority through the Registry an annual report that contains the following information with respect to the previous calendar year: 1. The number and calculated weight of tires, for each tire type, received from a tire hauler and the tire hauler’s name, contact information and any unique identifier assigned by the Registrar. 2. The number and calculated weight of tires referred to in paragraph 1, for each tire type, in respect of which each of the following activities referred to in subsection 11 (3) was undertaken at each site where the person receives and retreads tires: i. Tires that were retreaded. ii. Tires that were sold or provided for reuse, without retreading first. iii. Tires that were sent to a tire processor for processing. iv. Tires that were land disposed, incinerated, used as a fuel or a fuel supplement, or that were stored, stockpiled or otherwise deposited on land. 3. If any of the tires referred to in paragraph 1 were collected from outside of Ontario, the number and calculated weight of those tires for each tire type. 4. If the tire retreader is part of a producer’s tire management system, the name and contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. O. Reg. 225/18, s. 23; O. Reg. 552/22, s. 18. 24. Revoked: O. Reg. 552/22, s. 19.
Records
 25. Every producer, producer responsibility organization, tire collector, tire hauler, tire processor and tire retreader shall keep the following records in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from their date of creation: 1. Records related to arranging for the establishment or operation of a collection or management system for the purposes of fulfilling their responsibilities relating to tires. 2. Records related to establishing or operating a collection or management system for the purposes of fulfilling their responsibilities relating to tires. 3. Records related to information required to be submitted to the Authority through the Registry. 4. Records related to implementing a promotion and education program required under this Regulation. 5. Any agreements that relate to paragraph 1, 2, 3 or 4.
Audit, management systems
 26. (1) Every producer shall cause an audit to be undertaken of the practices and procedures the producer implemented in order to comply with section 11 of this Regulation with respect to tires collected in the previous calendar year. O. Reg. 225/18, s. 26 (1). (2) The audit referred to in subsection (1) must be conducted by an independent auditor who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004 and in accordance with the procedures set out in the Audit Guideline. O. Reg. 225/18, s. 26 (2). (3) On or before October 31, 2024 and on or before October 31 in every third subsequent year, the producer shall prepare and submit a copy of a report on the audit to the Authority through the Registry that includes the following with respect to tires collected in the previous three calendar years: 1. The number and calculated weight of tires, for each tire type, that were reused. 2. The number and calculated weight of tires, for each tire type, that were retreaded. 3. The weight of processed materials, by material type, that resulted from the processing of tires. 4. A list of types of products and packaging that were made with the processed materials referred to in paragraph 3, by material type. 5. The number and calculated weight of tires and the weight of processed materials, by material type, that were land disposed, incinerated, used as a fuel or a fuel supplement, or stored, stockpiled or otherwise deposited on land. 6. A statement confirming whether the producer met their resource recovery standard of 85 per cent, as set out in section 11. O. Reg. 225/18, s. 26 (3); O. Reg. 552/22, s. 20.
Access to information and privacy
 27. (1) Subject to subsection (2), information and data submitted under this Regulation to the Authority through the Registry shall not be posted on the Registry, unless it is posted in a manner that is consistent with the “Access and Privacy Code” published by the Authority and dated December 14, 2017, as amended from time to time, and available on the website of the Registry. O. Reg. 552/22, s. 21. (2) For greater certainty, the Authority shall not post information, including data, that is, (a) provided by or on behalf of a producer and that relates to the producer’s supply of, or management of, tires; or (b) classified as “commercially sensitive information”, “confidential information” or “personal information”, as those terms are defined in the “Access and Privacy Code” referred to in subsection (1), as amended from time to time. O. Reg. 552/22, s. 21. 28. Omitted (provides for coming into force of provisions of this Regulation).  Français