1.
 1. (1) In this Regulation, “alcoholic beverage” means liquor within the meaning of the Liquor Licence and Control Act, 2019; (“boisson alcoolisée”) “alcoholic beverage product and packaging” means, (a) products with their primary packaging that are, (i) alcoholic beverages that are supplied by any person, (ii) non-alcoholic beer, wine and spirits that are supplied by any person, (iii) products that are imported or supplied by Brewers Retail Inc. or for which Brewers Retail Inc. is the brand holder, or (iv) products that are imported or supplied by the Liquor Control Board of Ontario, or for which the Liquor Control Board of Ontario is the brand holder, (b) convenience and transport packaging if it is used exclusively for products referred to in clause (a), and (c) paper products, packaging-like products, and products included in the definition of “blue box packaging” that are imported or supplied by Brewers Retail Inc. or the Liquor Control Board of Ontario, or for which Brewers Retail Inc. or the Liquor Control Board of Ontario is the brand holder; (“produits et emballages de boisson alcoolisée”) “beverage container” means a container that, (a) contains a ready-to-drink beverage product, (b) is made from metal, glass, paper or rigid plastic, or any combination of these materials, and (c) is sealed by its manufacturer;
 (“contenant de boisson”) “blue box material” has the meaning provided for in section 2; (“matériaux destinés à la boîte bleue”) “blue box packaging” means, (a) primary packaging, convenience packaging or transport packaging that is provided with a product, (b) an ancillary product that is integrated into the packaging, and (c) a product such as a straw, cutlery or plate that is supplied with a food or beverage product, that facilitates the consumption of that food or beverage product and that is ordinarily disposed of after a single use, whether or not it could be reused; (“emballage destiné à la boîte bleue”) “blue box receptacle” means a container, bin, cart, bag or other receptacle that holds blue box material, and from which blue box material is collected; (“récipient pour matériaux destinés à la boîte bleue”) “Blue Box Transition Schedule” means the document of the Ministry entitled “Blue Box Transition Schedule” dated June 1, 2021, as amended from time to time, and available on the Registry; (“calendrier de transition des boîtes bleues”) “Blue Box Verification and Audit Procedure” means the document entitled “Blue Box Verification and Audit Procedure” published by the Authority and dated June 1, 2021, as amended from time to time, and available on the Registry; (“Procédure de vérification des boîtes bleues”) “certified compostable product and packaging” means material that, (a) is only capable of being processed by composting, anaerobic digestion or other processes that result in decomposition by bacteria or other living organisms, and (b) is certified as compostable by an international, national or industry standard that is listed in the Blue Box Verification and Audit Procedure; (“produits et emballages certifiés compostables”) “eligible community” means, (a) a local municipality or local services board area that is not located in the Far North, or (b) a reserve, (i) that is not located in the Far North, and (ii) is registered by a First Nation with the Authority in accordance with section 59; (“collectivité admissible”) “eligible source” has the meaning provided for in section 4; (“source admissible”) “facility” means, (a) a building that contains more than one dwelling unit, including an apartment building and a condominium, but not including a building used for temporary accommodation, such as a hotel, (b) a retirement home within the meaning of the Retirement Homes Act, 2010 that, (i) is operated by a municipality or an entity that does not operate with a purpose of generating a profit, or (ii) was included in the WDTA blue box program on August 15, 2019, (c) a long-term care home within the meaning of the Fixing Long-Term Care Act, 2021
that, (i) is a non-profit long-term care home within the meaning of the regulations made under that Act, or (ii) was included in the WDTA blue box program on August 15, 2019, and (d) a building that contains a school or private school within the meaning of the Education Act; (“installation”) “Far North” has the same meaning as in the Far North Act, 2010; (“Grand Nord”) “First Nation” means a council of the Band as referred to in subsection 2 (1) of the Indian Act (Canada); (“Première Nation”) “flexible plastic” means unmoulded plastic, such as a plastic bag, film, wrap, pouch or laminate; (“plastique souple”) “franchise” has the same meaning as in the Arthur Wishart Act (Franchise Disclosure), 2000; (“franchise”) “franchisor” has the same meaning as in the Arthur Wishart Act (Franchise Disclosure), 2000; (“franchiseur”) “local municipality” has the same meaning as in the Municipal Act, 2001; (“municipalité locale”) “local services board” has the same meaning as “Board” in the Northern Services Boards Act; (“régie locale des services publics”) “local services board area” has the same meaning as “Board area” in the Northern Services Boards Act; (“territoire de la régie locale des services publics”) “management requirement” means the amount of material determined under section 40; (“obligation de gestion”) “marketplace facilitator” means a person who, (a) contracts with a marketplace seller to facilitate the supply of the marketplace seller’s products by, (i) owning or operating an online consumer-facing marketplace or forum in which the marketplace seller’s products are listed or advertised for supply, and (ii) transmitting or otherwise communicating the offer or acceptance between the marketplace seller and a buyer, and (b) provides for the physical distribution of a marketplace seller’s products to the consumer, such as by the storage, preparation or shipping of products; (“facilitateur de marché”) “marketplace seller” means a person who contracts with a marketplace facilitator to supply its products; (“vendeur du marché”) “material category” means the material categories determined in accordance with section 3; (“catégorie de matériaux”) “municipality” has the same meaning as in the Municipal Act, 2001; (“municipalité”) “non-alcoholic beer, wine and spirits” means a beverage that is not liquor under the Liquor Licence and Control Act, 2019 but has the traditional aroma or taste commonly attributed to beer, wine or spirits; (“bière, vin et spiritueux non alcoolisés”) “packaging-like product” means a product such as aluminum foil, a metal tray, plastic film, plastic wrap, wrapping paper, a paper bag, beverage cup, plastic bag, cardboard box or envelope, that has all of the following characteristics, but does not include a product made from flexible plastic that is ordinarily used for the containment, protection, or handling of food, such as cling wrap, sandwich bags, or freezer bags: 1. The product is ordinarily used for the containment, protection, handling, delivery, presentation or transportation of a thing or things, 2. The product is ordinarily disposed of after a single use, whether or not it could be reused. 3. The product is not used as packaging when it is supplied to the end user; (“produit assimilable à un emballage”) “paper product” includes printed and unprinted paper, such as a newspaper, magazine, promotional material, directory, catalogue or paper used for copying, writing or any other general use, other than, (a) a hard or soft cover book, (b) a hardcover periodical, and (c) any product that, at the time it is supplied to the end user, is blue box packaging or a packaging-like product;
(“produit de papier”) “permanent establishment” has the meaning, (a) assigned by subsection 400 (2) of the Income Tax Regulations (Canada), in the case of a corporation, or (b) assigned by subsection 2600 (2) of the Income Tax Regulations (Canada), in the case of an individual; (“établissement stable”) “processor” means a person who processes, for the purpose of resource recovery, blue box material that was supplied to a consumer in Ontario; (“transformateur”) “producer” means the person determined in accordance with Part II; (“producteur”) “producer responsibility organization” means a person who has entered into an agreement with a producer for the purposes of carrying out one or more of the following responsibilities relating to blue box material, but does not include a processor retained solely for the purposes of processing blue box material: 1. Arranging, establishing or operating a collection or management system. 2. Arranging, establishing or operating a promotion and education system. 3. Preparing and submitting reports. 4. Representing a producer for another purpose related to this Regulation; (“organisme assumant les responsabilités d’un producteur”) “public space” means, (a) an outdoor area in a park, playground or sidewalk, or (b) a public transit station or stop under municipal or provincial jurisdiction, including a track-level stop, to which the public is normally provided access; (“espace public”) “reserve” means a reserve within the meaning of the Indian Act (Canada); (“réserve”) “residence” means a single-unit residential dwelling, including a seasonal residential dwelling; (“résidence”) “resident in Canada” means having a permanent establishment in Canada; (“résident du Canada”) “resident in Ontario” means having a permanent establishment in Ontario; (“résident de l’Ontario”) “retailer” means a business that supplies products to consumers, whether online or at a physical location; (“détaillant”) “rigid plastic” means moulded plastic, such as a food or product container; (“plastique rigide”) “supplemental collection system” means a collection system, other than a collection system established and operated under Part IV or Part V, in which blue box material supplied to consumers in Ontario is collected and that is registered in accordance with subsection 31.2 (2); (“système de collecte complémentaire”) “supply” means the provision of a product in any manner and includes sale, transfer, barter, exchange, rental, lease, gift or disposition; (“fourniture”) “transition period” means the period beginning on July 1, 2023 and ending on December 31, 2025; (“période de transition”) “WDTA blue box program” means the blue box waste diversion program under the Waste Diversion Transition Act, 2016
that was operating in a local municipality, local services board area or a reserve. (“programme de boîte bleue régi par la Loi transitoire de 2016”) O. Reg. 391/21, s. 1 (1), 75; O. Reg. 267/22, s. 1; O. Reg. 349/22, s. 1; O. Reg. 174/23, s. 1. (2) In this Regulation, and for the purposes of the Act in respect of blue box material, “consumer” means, (a) an individual who is an end user of a product and its packaging, other than a beverage and its container, who obtained the product and its packaging for personal, family or household purposes, or (b) a person who is the end user of a beverage and its container, including a person who uses the beverage and its container for personal, family, household or business purposes; (“consommateur”) “convenience packaging” means material used in addition to primary packaging to facilitate end users’ handling or transportation of one or more products and includes items such as bags and boxes that are supplied to end users at check out, whether or not there is a separate fee for these items; (“emballage pratique”) “primary packaging” means material that is used for the containment, protection, handling, delivery and presentation of a product that is provided with the product to an end user at the point of sale and includes packaging designed to group one or more products for the purposes of sale, but does not include convenience packaging or transport packaging; (“emballage primaire”) “product” means material that is a thing, part of a thing or combination of things intended for use by an end user; (“produit”) “transport packaging” means material used in addition to primary packaging to facilitate the handling or transportation of one or more products by persons other than end users, such as a pallet, bale wrap or box, but does not include a shipping container designed for transporting things by road, ship, rail or air. (“emballage de transport”) O. Reg. 391/21, s. 1 (2).