jswizzle3737/ontario_laws_and_regs huggingface dataset:
Average weight of supply
 2. A producer’s average weight of supply in respect of a type of HSP and in respect of a calendar year is determined using the following formula: (Y1 + Y2 + Y3)/3 in which, “Y1” is the weight of the producer’s HSP of that type that was supplied to consumers in Ontario in the previous calendar year, “Y2” is the weight of the producer’s HSP of that type that was supplied to consumers in Ontario two calendar years prior, and “Y3” is the weight of the producer’s HSP of that type that was supplied to consumers in Ontario three calendar years prior. Part II   General
Designated class
 3. For the purposes of section 60 of the Act, HSP are a designated class of material.
Producers
 4. (1) For the purposes of the definition of “producer” in section 1, (a) with respect to a type of HSP in Category A, Category B or Category E marketed to consumers in Ontario, the producer of the HSP is, (i) subject to subsections (2) and (3), if the brand holder of the HSP is resident in Canada, the brand holder, (ii) if there is no person described in subclause (i) and the HSP 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 HSP is marketed by a person resident in Ontario, the first person who marketed the HSP, or (iv) if there is no person described in subclause (i), (ii) or (iii) and the HSP is marketed by a person not resident in Ontario, the person who marketed the HSP; and (b) subject to subsections (4) and (5), with respect to a type of HSP in Category C, the producer of the HSP is, (i) if any brand holders of that type of HSP are resident in Canada, all of those brand holders, or (ii) if there is no person described in subclause (i) and there is one or more brand holder resident in Canada of a product marketed to consumers in Ontario that is similar to that type of HSP, but does not contain mercury, all of those brand holders; and (c) subject to subsections (2) and (3), with respect to a type of HSP in Category D that is marketed to consumers in Ontario, if the brand holder of the HSP is resident in Canada, the brand holder is the producer of the HSP. (2) For the purposes of subclause (1) (a) (i) and clause (1) (c), if there are two or more brand holders described in the applicable provision, the producer is the brand holder most directly connected to the production of the HSP. (3) For the purposes of subclause (1) (a) (i) and clause (1) (c), if two or more items of a type of HSP produced by different brand holders are marketed as a single package, the producer is the brand holder who is more directly connected to the primary product in the package. (4) A person referred to in subclause (1) (b) (i) satisfies the prescribed criteria for the purposes of clause 61 (6) (c) of the Act. (5) A person referred to in subclause (1) (b) (ii), (a) meets the prescribed conditions for the purposes of paragraph 2 of subsection 61 (2) of the Act; and (b) satisfies the prescribed criteria for the purposes of clause 61 (6) (c) of the Act.
Producer responsibility organizations
 5. A producer responsibility organization that has entered into an agreement with a producer of HSP, (a) meets the prescribed conditions in respect of that HSP for the purposes of paragraph 2 of subsection 61 (2) of the Act; and (b) satisfies the prescribed criteria to carry out responsibilities under Part IV of the Act in respect of that HSP for the purposes of clause 61 (6) (c) of the Act.
Exemptions, Category A and Category B
 6. A producer of a type of HSP in Category A or Category B set out in Column 1 of the Table to this section is exempt from Parts IV, VI and VII in a calendar year in respect of that type of HSP if the producer’s average weight of supply, as calculated under section 2 in respect of that type of HSP in respect of the previous calendar year, is not greater than the weight set out opposite that type of HSP in Column 2 of the Table.  Item   Column 1   Type of HSP   Column 2   Average weight of supply in respect of the previous calendar year (tonnes) 

  1.   Antifreeze   20 

  2.   Non-refillable pressurized containers   3 

  3.   Oil Containers   2 

  4.   Oil filters   3.5 

  5.   Paints and coatings   10 

  6.   Pesticides   1 

  7.   Refillable pressurized containers   8 

  8.   Solvents   3 Part III   Transitional collection requirements
PART III TRANSITIONAL COLLECTION REQUIREMENTS
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Transitional period
 7. (1) A producer of a type of HSP in Category A or Category B who is required to register in respect of that type of HSP under clause 38 (1) (a) shall comply with this Part in respect of that type of HSP from October 1, 2021 to December 31, 2022. (2) The producer shall establish and operate a collection system for the type of HSP referred to in subsection (1) that satisfies the following requirements: 1. The producer shall establish and operate at least as many collection sites for that type of HSP in each local municipality, territorial district or reserve as the number of sites that were operated on September 30, 2021 for the collection of products of that type under the Waste Diversion Transition Act, 2016. 2. The producer shall make reasonable efforts to hold at least as many collection events for that type of HSP in each local municipality, territorial district or reserve as the number of events that were held in the 2020 calendar year for the collection of products of that type under the Waste Diversion Transition Act, 2016. (3) Sections 10, 44 and 55 apply to the producer in respect of that type of HSP, and any reference to an HSP collection event or HSP collection site in those sections is deemed to be a reference to a collection event or collection site for the purposes of this Part. (4) Every producer responsibility organization that has entered into an agreement with a producer referred to in subsection (1) to provide collection services under this Part for a type of HSP is required to satisfy the requirements set out in this Part that apply to that producer with respect to each type of HSP covered in that agreement. (5) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (4) applies.
Call-in collection
 8. (1) Subject to subsection (2), if a large producer of a type of HSP in Category A or Category B, as determined under section 11, is notified by a representative of one of the following entities or operations that 100 kilograms or more of that type of HSP has been collected, the producer shall collect all of that type of HSP from the entity or operation within three months of being notified: 1. A council of the band. 2. A municipality that is not located in the Far North. 3. A territorial district that is not located in the Far North. 4. A depot where HSP is collected that is owned or operated by the Crown in right of Ontario and that is not located in the Far North. (2) A producer who is notified under subsection (1) by a representative of a council of the band regarding HSP located on a reserve in the Far North shall make reasonable efforts to collect the HSP within one year of being notified. Part IV   collection of HSP in Category A and Category B General
PART IV COLLECTION OF HSP IN CATEGORY A AND CATEGORY B
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Producer requirements
 9. (1) Every producer of a type of HSP in Category A or Category B shall establish and operate a collection system for that type of HSP in accordance with this Part, (a) starting on January 1, 2023, in the case of a producer who is required to register under clause 38 (1) (a); or (b) starting on January 1 of the calendar year immediately following the calendar year in which the registration was required, in the case of a producer who is required to register under clause 38 (1) (b). (2) Every producer responsibility organization that has entered into an agreement with a producer referred to in subsection (1) to provide collection services under this Part for a type of HSP is required to satisfy the requirements set out in this Part that apply to that producer with respect to each type of HSP covered in that agreement. (3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies.
HSP collection sites and events, multiple producers and types of HSP permitted
 10. For the purposes of complying with this Part, an HSP collection site or HSP collection event, (a) may be operated by or on behalf of one or more producers and may be relied on by each of those producers to satisfy the requirements set out in this Part; and (b) may be part of a collection system for more than one type of HSP.
Determination of whether producer is large or small
 11. A producer is a large producer or a small producer of a type of HSP in a calendar year if the producer’s average weight of supply in respect of that type of HSP in respect of the previous calendar year, calculated in accordance with section 2, is as follows:  Item   Type of HSP   Large producer’s average weight of supply (tonnes)   Small producer’s average weight of supply (tonnes) 

  1.   Antifreeze   300 or more    Greater than 20 and less than 300  

  2.   Non-refillable pressurized containers   100 or more   Greater than 3 and less than 100 

  3.   Oil Containers   55 or more    Greater than 2 and less than 55 

  4.   Oil filters   100 or more   Greater than 3.5 and less than 100 

  5.   Paints and coatings   1,000 or more    Greater than 10 and less than 1,000  

  6.   Pesticides   9 or more    Greater than 1 and less than 9  

  7.   Refillable pressurized containers   100 or more   Greater than 8 and less than 100 

  8.   Solvents   70 or more    Greater than 3 and less than 70
Population
 12. A reference in this Part to the population of a municipality or territorial district is a reference to the population as reported by Statistics Canada in the most recent official census published prior to the calendar year in which the collection obligation applies. Distribution of HSP Collection Sites
Distribution of HSP Collection Sites
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Large producers: antifreeze, oil containers and oil filters
 13. (1) In every calendar year, large producers of any of the following types of HSP shall establish and operate a collection system for that type of HSP in accordance with the requirements set out in subsection (2): 1. Antifreeze. 2. Oil containers. 3. Oil filters. (2) A large producer of a type of HSP referred to in subsection (1) shall ensure the requirements in either paragraph 1 or 2 are satisfied with respect to the collection system: 1. The producer shall ensure the following: i. In each local municipality with one or more retail locations that supplied the producer’s HSP of that type to consumers in the previous calendar year, as many HSP collection sites as are equal to or greater than 75 per cent of the number of those retail locations, rounding up to the nearest whole number, are established and operated. ii. In each local municipality with a population of 1,000 or more, but without a retail location that supplied the producer’s HSP of that type to consumers in the previous calendar year, at least one HSP collection site is established and operated. iii. In each territorial district with one or more retail locations that supplied the producer’s HSP of that type to consumers in the previous calendar year, at least one HSP collection site is established and operated within 30 kilometres of each of those retail locations. iv. In each territorial district with a population of 1,000 or more, but without a retail location that supplied the producer’s HSP of that type to consumers in the previous calendar year, at least one HSP collection site is established and operated. 2. The producer shall ensure the following: i. In each local municipality with a population of 1,000 to 500,000, at least one HSP collection site for every 1,000 people or portion thereof is established and operated. ii. In each local municipality with a population of more than 500,000, at least 500 HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 2,000 people or portion thereof for the portion that surpasses 500,000, are established and operated. iii. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated.
Large producers: paints and coatings
 14. In every calendar year, large producers of paints and coatings shall ensure the following requirements are satisfied with respect to the establishment and operation of a collection system for paints and coatings: 1. In each local municipality with a population of 5,000 to 500,000, at least one HSP collection site for every 40,000 people or portion thereof is established and operated. 2. In each local municipality with a population of more than 500,000, at least 13 HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 150,000 people or portion thereof for the portion that surpasses 500,000, are established and operated. 3. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated.
Large producers: non-refillable pressurized containers, pesticides and solvents
 15. (1) In every calendar year, large producers of any of the following types of HSP shall establish and operate a collection system for that type of HSP in accordance with the requirements set out in subsection (2): 1. Non-refillable pressurized containers. 2. Pesticides. 3. Solvents. (2) A large producer of a type of HSP referred to in subsection (1) shall ensure the following requirements are satisfied with respect to the collection system: 1. In each local municipality with a population of 10,000 to 500,000, at least one HSP collection site for every 250,000 people or portion thereof is established and operated. 2. In each local municipality with a population of more than 500,000, at least two HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 300,000 people or portion thereof for the portion that surpasses 500,000, are established and operated. 3. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated. (3) In addition to the requirements set out under subsection (2), large producers of non-refillable pressurized containers shall, (a) ensure that a depot for the collection of non-refillable pressurized containers is established and operated at a recreational area if requested by a representative or employee of the recreational area; (b) at a depot established and operated under clause (a), provide, (i) a sufficient number of storage containers for staff of the recreational area to store the spent non-refillable pressurized containers prior to those containers being collected, and (ii) a sufficient number of appropriately labelled collection receptacles in which visitors and patrons may place spent non-refillable pressurized containers for collection; and (c) at a depot established and operated under clause (a), (i) agree to a collection schedule for the depot with a representative or employee of the recreational area and collect the non-refillable pressurized containers from the depot in accordance with that schedule, or, (ii) collect the non-refillable pressurized containers from the depot within 21 days of receiving a request from a representative or employee of the recreational area.
Small producers: antifreeze, oil containers and oil filters
 16. (1) In every calendar year, small producers of any of the following types of HSP shall establish and operate a collection system for that type of HSP in accordance with the requirements set out in subsection (2): 1. Antifreeze. 2. Oil containers. 3. Oil filters. (2) A small producer of a type of HSP referred to in subsection (1) shall ensure the requirements in either paragraph 1 or 2 are satisfied with respect to the collection system: 1. In each local municipality or territorial district with one or more retail locations that supplied the producer’s HSP of that type to consumers in the previous calendar year, as many HSP collection sites as are equal to or greater than 75 per cent of the number of those retail locations, rounding up to the nearest whole number, are established and operated. 2. The producer shall ensure the following: i. In each local municipality with a population of 10,000 to 500,000, at least one HSP collection site for every 22,500 people or portion thereof is established and operated. ii. In each local municipality with a population of more than 500,000, at least 23 HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 200,000 people or portion thereof for the portion that surpasses 500,000, are established and operated. iii. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated.
Small producers: paints and coatings
 17. In every calendar year, small producers of paints and coatings shall ensure the requirements in either paragraph 1 or 2 are satisfied with respect to the establishment and operation of a collection system for paints and coatings: 1. In each local municipality or territorial district with one or more retail locations that supplied the producer’s paints and coatings in the previous calendar year, as many HSP collection sites as are equal to or greater than 75 per cent of the number of those retail locations, rounding up to the nearest whole number, are established and operated. 2. The producer shall ensure the following: i. In each local municipality with a population of 13,000 to 500,000, at least one HSP collection site for every 40,000 people or portion thereof is established and operated. ii. In each local municipality with a population of more than 500,000, at least 13 HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 150,000 people or portion thereof for the portion that surpasses 500,000, are established and operated. iii. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated.
Small producers: non-refillable pressurized containers, pesticides and solvents
 18. (1) In every calendar year, small producers of any of the following types of HSP shall establish and operate a collection system for that type of HSP in accordance with the requirements set out in subsection (2): 1. Non-refillable pressurized containers. 2. Pesticides. 3. Solvents. (2) A small producer of a type of HSP referred to in subsection (1) shall ensure the requirements in either paragraph 1 or 2 are satisfied with respect to the collection system: 1. In each local municipality or territorial district with one or more retail locations that supplied the producer’s HSP of that type to consumers in the previous calendar year, as many HSP collection sites as are equal to or greater than 75 per cent of the number of those retail locations, rounding up to the nearest whole number, are established and operated. 2. The producer shall ensure the following: i. In each local municipality with a population of 15,000 to 500,000, at least one HSP collection site for every 250,000 people or a portion thereof is established and operated. ii. In each local municipality with a population of more than 500,000, at least two HSP collection sites for the first 500,000 people, and at least one HSP collection site for every 300,000 people or portion thereof for the portion that surpasses 500,000, are established and operated. iii. In each territorial district with a population of 1,000 or more, at least one HSP collection site is established and operated.
Reduction in HSP collection sites
 19. (1) The number of HSP collection sites required in a calendar year under sections 13 to 18 in a local municipality or territorial district for a type of HSP is reduced by, rounding up to the nearest whole number, the percentage of residences, including multi-unit residential buildings, in that local municipality or territorial district, for which the producer provides, (a) curbside collection services, for that type of HSP, at least four times during the calendar year; and (b) containers, where appropriate, at no charge, for the curbside collection of that type of HSP. (2) The number of HSP collection sites required in a calendar year under sections 13 to 18 in a local municipality or territorial district for a type of HSP in a calendar year is reduced by 25 per cent, rounding to the nearest whole number, if, (a) the producer provides an accessible mechanism for residents of that local municipality or territorial district to notify the producer that they have that type of HSP with a total volume of 10 to 50 litres or a total weight of 10 to 50 kilograms; and (b) the producer provides curbside pick up to any residence, including multi-unit residential buildings, in that local municipality or territorial district, for that type of HSP when the producer has received a notification under clause (a). (3) Subject to subsection (4), the number of HSP collection sites required with respect to a producer under sections 13 to 18 in a local municipality or territorial district for a type of HSP in a calendar year may be reduced by the number of HSP collection events the producer provides for that type of HSP in the local municipality or territorial district in the calendar year. (4) The reduction in the total number of HSP collection sites in Ontario under subsection (3) may not exceed 25 per cent, rounding up to the nearest whole number, of the total number of HSP collection sites required under sections 13 to 18, regardless of any reduction under subsection (1) or (2). (5) For greater certainty, a producer may combine the reduction in the number of HSP collection sites under subsections (1), (2) and (3) for a type of HSP.
Alternative locations of HSP collection sites
 20. (1) Despite the requirements in sections 13 to 18 and subject to subsections (2) and (3), a producer may establish and operate HSP collection sites required under this Part in alternative locations within the upper-tier municipality in which they are required. (2) The total number of HSP collection sites for a type of HSP that are established and operated in alternative locations, other than HSP collection sites for paints and coatings, shall not exceed five per cent of the HSP collection sites for that type of HSP that the producer is required to establish and operate under this Part, rounded up to the nearest whole number. (3) The total number of HSP collection sites for paints and coatings that are established and operated in alternative locations shall not exceed 17 per cent of the HSP collection sites for paints and coatings that the producer is required to establish and operate under this Part, rounded up to the nearest whole number.
Minimum of one HSP collection site or event
 21. Despite sections 19 and 20, a producer shall operate at least one HSP collection site or HSP collection event for a type of HSP in each local municipality or territorial district in a calendar year if there is a retail location in that local municipality or territorial district, as the case may be, that supplies the producer’s HSP of that type. Operation of HSP Collection Sites and Events and Call-In Collection
Operation of HSP Collection Sites and Events and Call-In Collection
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HSP collection sites
 22. (1) With respect to each HSP collection site that must be established and operated under this Part, the producer shall ensure the following requirements are satisfied: 1. If an HSP collection site for a type of HSP is operated by a municipality or territorial district, the collection site must accept, at a minimum, all types of HSP that are in the same category as that type of HSP. 2. Subject to subsection (2), the HSP collection site must be readily accessible to the public and must accept the HSP during normal business hours throughout the calendar year. 3. The HSP collection site must accept from a person, at a minimum, up to 25 kilograms per day of each type of HSP accepted at the site. 4. If an HSP collection site is not part of a retail location and accepts more than 50 kilograms of a type of HSP from a person on a single day, the operator of the site shall make reasonable efforts to record the person’s name, contact information, any unique identifier assigned by the Registrar and the weight of HSP accepted. (2) If a producer is required to establish and operate HSP collection sites for antifreeze, oil containers or oil filters, the producer shall ensure that in each local municipality that satisfies the following conditions at least four per cent of those sites, rounding up to the nearest whole number, are readily accessible to the public: 1. The local municipality has a population of 5,000 or more. 2. At least one retail location in the local municipality supplies the producer’s antifreeze, oil containers or oil filters. (3) For greater certainty, the following locations are not HSP collection sites for the purposes of this Part: 1. A depot referred to in subsection 15 (3) for the collection of non-refillable pressurized containers at a recreational area. 2. A location of an entity or operation referred to in section 24.
HSP collection events
 23. Every producer who establishes and operates an HSP collection event for a type of HSP in Category A or Category B shall ensure that the following requirements are satisfied: 1. For the purposes of subsection 19 (3), the HSP collection event must be held in the local municipality or territorial district in which the HSP collection site that would otherwise be required would have been located. 2. The HSP collection event must be readily accessible to the public. 3. If the HSP collection event is for antifreeze, oil containers or oil filters, the event must accept antifreeze, oil containers and oil filters. 4. The HSP collection event must operate for a minimum of four consecutive hours. 5. If the HSP collection event operates consecutively for more than one day, it must be considered a single HSP collection event.
Call-in collection
 24. (1) Subject to subsection (2), if a large producer of a type of HSP in Category A or Category B is notified by a representative of one of the following entities or operations that 100 kilograms or more of that type of HSP has been collected, the producer shall collect all of that type of HSP from the entity or operation within three months of being notified: 1. A council of the band. 2. A municipality that is not located in the Far North. 3. A territorial district that is not located in the Far North. 4. A depot where HSP is collected that is owned or operated by the Crown in right of Ontario and that is not located in the Far North. (2) A producer who is notified under subsection (1) by a representative of a council of the band regarding HSP located on a reserve in the Far North shall make reasonable efforts to collect the HSP within one year of being notified. Part V   collection of HSP in Category C and Category E
PART V COLLECTION OF HSP IN CATEGORY C AND CATEGORY E
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Producer requirements
 25. (1) On and after October 1, 2021, every producer of a type of HSP in Category C or Category E shall establish and operate a collection system for that type of HSP in accordance with this Part. (2) Every producer responsibility organization that has entered into an agreement with a producer referred to in subsection (1) to provide collection services under this Part is required to satisfy the requirements set out in this Part that apply to that producer with respect to each type of HSP covered in that agreement. (3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies.
Application of Part
 26. A producer of a type of HSP in Category C or Category E who is required to register in respect of that type of HSP under section 38 shall comply with this Part as follows: 1. If the producer is required to register in respect of that type of HSP under clause 38 (2) (a) or (3) (a), the producer shall comply with the requirements in this Part in respect of that type of HSP starting on October 1, 2021. 2. If the producer is required to register in respect of that type of HSP under clause 38 (2) (b) or (3) (b), the producer shall comply with the requirements in this Part in respect of that type of HSP starting on January 1 of the calendar year immediately following the calendar year in which the registration was required.
Call-in collection
 27. (1) Subject to subsection (2), if a producer of a type of HSP in Category C or Category E is notified by a representative of one of the following entities or operations that type of HSP has been collected, the producer shall collect all of that type of HSP from the entity or operation within three months of being notified: 1. A council of the band. 2. A municipality that is not located in the Far North. 3. A territorial district that is not located in the Far North. 4. A depot where HSP is collected that is owned or operated by the Crown in right of Ontario and that is not located in the Far North. (2) A producer who is notified under subsection (1) by a representative of a council of the band regarding HSP located on a reserve in the Far North shall make reasonable efforts to collect the HSP within one year of being notified. Part VI   management of HSP
PART VI MANAGEMENT OF HSP
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Producer responsibilities
 28. (1) On and after October 1, 2021, every producer of a type of HSP in Category A, Category B, Category C or Category E shall establish and operate a system for managing that type of HSP in accordance with this Part. (2) Every producer responsibility organization that has entered into an agreement with a producer referred to in subsection (1) to provide management services under section 30 for a type of HSP is required to satisfy the requirements set out in section 30 that apply to that producer with respect to that type of HSP. (3) In section 30, a reference to a producer includes a producer responsibility organization to which subsection (2) applies.
Weight of recovered resources
 29. (1) The rules set out under subsection (2) apply when determining what may be counted as part of the weight of recovered resources for the purposes of, (a) the calculation of a recycling efficiency rate under subsection 30 (3), section 50 and paragraph 8 of subsection 51 (2); and (b) the determination of whether a management requirement has been satisfied under section 31. (2) The rules referred to in subsection (1) for what may be counted as part of the weight of recovered resources are the following: 1. The weight of recovered resources that may be counted with respect to a type of HSP must be from HSP of the same type. 2. For the purposes of determining whether the management requirement has been satisfied under section 31, the weight of recovered resources that may be counted must be from HSP that was supplied to a consumer in Ontario. 3. The weight of recovered resources that may be counted must be from recovered resources that are, i. used or destined to be used by a person for the making of new products or packaging, or ii. reused by a person. 4. The weight of the recovered resources may only be counted one time by a producer and must not be counted by another producer. 5. The following must not be counted as recovered resources: i. The weight of materials that are land disposed. ii. The weight of materials that are incinerated. iii. The weight of materials that are used as a fuel or a fuel supplement. iv. The weight of materials that are stored, stockpiled or used as daily landfill cover or otherwise deposited on land unless they are deposited on land in a manner set out in paragraph 6. 6. With respect to the weight of recovered resources from paints and coatings, up to 15 per cent of the weight that may be counted as recovered resources for paints and coatings may be with respect to concrete and landscaping applications. 7. With respect to the weight of recovered resources from oil filters, the following must not be counted: i. Any oil residue contained in the used oil filter. ii. Any oil which is captured, recaptured, extracted, collected or diverted during processing.
Processing, disposal
 30. (1) Subject to subsection (2), every producer of a type of HSP in Category A, Category B, Category C or Category E shall ensure that, no later than three months after the day that type of HSP is collected by the producer under Part III, IV or V, the HSP is processed by an HSP processor who is registered under section 42. (2) Every producer of pesticides shall ensure that, no later than three months after the day the pesticides are collected by the producer under Part III or IV, the pesticides are disposed of at an HSP disposal facility registered under section 42. (3) On and after January 1, 2023, if a producer collected a type of HSP listed in Column 1 of the Table to this subsection through a collection system the producer operated under Part IV or V, the producer shall ensure that the HSP is processed by an HSP processor at a facility in respect of which the HSP processor reported an average recycling efficiency rate for that type of HSP that is at least the percentage set out in Column 2 of the Table to this subsection opposite the type of HSP, calculated in accordance with the HSP Verification and Audit Procedure. Table Item   Column 1   Type of HSP   Column 2   Average recycling efficiency rate (percentage)_ 

  1.   Antifreeze   90 

  2.   Barometers, Thermometers and Thermostats   90 

  3.   Non-refillable pressurized containers   95 

  4.   Oil containers   95 

  5.   Oil filters   95 

  6.   Paints and coatings   75 

  7.   Refillable pressurized containers   95 

  8.   Solvents   10
Management requirement, Category A
 31. (1) In every calendar year starting in 2022, every producer of a type of HSP in Category A who is required to register in respect of that type of HSP under clause 38 (1) (a) shall account for a weight of recovered resources from that type of HSP that meets or exceeds the producer’s management requirement for that type of HSP with respect to that calendar year, as determined under subsection (3). (2) Every producer of a type of HSP in Category A who is required to register in respect of that type of HSP under clause 38 (1) (b) in a calendar year shall, in the calendar year immediately following and in every subsequent year, account for a weight of recovered resources from that type of HSP that meets or exceeds the producer’s management requirement for that type of HSP with respect to that calendar year, as determined under subsection (3). (3) The producer’s management requirement for a calendar year in respect of a type of HSP shall be determined by multiplying the producer’s average weight of supply in respect of the previous calendar year by the percentage set out in the Table to this subsection for the calendar year and the type of HSP. Table Type of HSP   Percentage for 2022   Percentage for 2023 and 2024   Percentage for 2025 and every subsequent year 

  Oil filters   85   85   85 

  Non-refillable pressurized containers   20   25   30 (4) For the purposes of accounting for a weight of recovered resources from a type of HSP with respect to 2022, a producer may count the weight of recovered resources from that type of HSP from October 1, 2021 to December 31, 2022. Part vII   Promotion and Education
PART VII PROMOTION AND EDUCATION
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Application
 32. (1) A producer of a type of HSP in Category A, Category B, Category C or Category D who is required to register in respect of that type of HSP under section 38 shall comply with this Part as follows: 1. If the producer is required to register in respect of that type of HSP under clause 38 (1) (a), (2) (a) or (3) (a), the producer shall comply with the requirements in this Part in respect of that type of HSP starting in the 2022 calendar year. 2. If the producer is required to register in respect of that type of HSP under clause 38 (1) (b), (2) (b) or (3) (b), the producer shall comply with the requirements in this Part in respect of that type of HSP starting in the calendar year immediately following the calendar year in which the registration was required. (2) In this Part, the 2022 calendar year is deemed to be October 1, 2021 to December 31, 2022.
Promotion and education
 33. (1) Every producer of HSP described in section 32, other than producers of refillable pressurized containers in Category B, shall establish and operate a promotion and education program in accordance with this Part. O. Reg. 449/21, s. 33 (1). (2) Every producer responsibility organization that has entered into an agreement with a producer to provide promotion and education services under this Part for a type of HSP in a calendar year is required to satisfy the requirements set out in this Part that apply to that producer with respect to that type of HSP in that calendar year. O. Reg. 449/21, s. 33 (2); O. Reg. 45/23, s. 1. (3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies. O. Reg. 449/21, s. 33 (3).
Producers, Category A and Category B
 34. Every producer of a type of HSP in Category A or Category B, other than refillable pressurized containers, shall satisfy the following requirements with respect to each type of the producer’s HSP in those categories: 1. The producer shall promote their collection and management services with respect to that type of HSP. 2. The producer shall provide the following information on a website with respect to that type of HSP: i. The location of each HSP collection site established or operated by the producer that is readily accessible to the public and the types of HSP accepted at each site. ii. The location and date of each HSP collection event held by the producer and the types of HSP accepted at each event. iii. A description of the collection services provided by the producer under this Regulation, other than HSP collection sites and HSP collection events. iv. A description of how the producer manages that type of HSP after it is collected under this Regulation. 3. The producer shall create promotional and educational materials with respect to that type of HSP that include the following: i. The address of the website referred to in paragraph 2. ii. A description of how that type of HSP is collected and managed. 4. The producer shall make the promotional and educational materials referred to in paragraph 3 available to retailers that supply that type of HSP, municipal governments and Indigenous communities, and shall solicit and consider feedback from those retailers, municipal governments and Indigenous communities on how the promotional and educational materials can be improved. 5. The producer shall promote each HSP collection event for that type of HSP in the local municipality or territorial district where it will be held for at least one week prior to the date of the event using a combination of two or more forms of media, including but not limited to, i. local print publications, ii. local print media, iii. local radio, iv. local signage, or v. social media.
Producers, Category C
 35. Every producer of a type of HSP in Category C shall satisfy the following requirements with respect to each type of the producer’s HSP in Category C: 1. The producer shall promote their collection and management services with respect to that type of HSP. 2. The producer shall provide the following information on a website with respect to that type of HSP: i. The presence of mercury in that type of HSP. ii. How to distinguish that type of HSP from similar products that do not contain mercury. iii. The hazards to human health and the environment related to mercury. iv. How consumers can properly dispose of that type of HSP. v. A description of the collection services provided by the producer under this Regulation for that type of HSP. vi. A description of how the producer manages that type of HSP after it is collected under this Regulation. 3. The producer shall create promotional and educational materials with respect to that type of HSP that include the following: i. The address of the website referred to in paragraph 2. ii. A description of how that type of HSP is collected and managed. 4. The producer shall make the promotional and educational materials referred to in paragraph 3 available to retailers that supply that type of HSP or similar products that do not contain mercury, municipal governments and Indigenous communities, and shall solicit and consider feedback from those retailers, municipal governments and Indigenous communities on how the promotional and educational materials can be improved.
Producers, Category D
 36. Every producer of a type of HSP in Category D shall satisfy the following requirements: 1. The producer shall provide the following information on a website with respect to that type of HSP: i. How consumers can use, share and properly dispose of that type of HSP in accordance with local requirements. 2. The producer shall create promotional and educational materials with respect to that type of HSP that include the following: i. The address of the website referred to in paragraph 1. ii. A description of how that type of HSP can be used, shared or properly disposed of in accordance with local requirements. 3. The producer shall make the promotional and educational materials referred to in paragraph 2 available to retailers that supply that type of HSP, municipal governments and Indigenous communities, and shall solicit and consider feedback from those retailers, municipal governments and Indigenous communities on how the promotional and educational materials can be improved. 4. The producer shall make information available to municipalities regarding innovative end-use options for that type of HSP as an alternative to disposal. 37. Revoked: O. Reg. 45/23, s. 2. Part ViII   Registration
PART VIII REGISTRATION
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Producers, requirement to register
 38. (1) Every producer of a type of HSP in Category A or Category B shall register with the Authority with respect to that type of HSP, (a) on or before October 31, 2021, if the producer’s average weight of supply, as calculated under section 2 for that type of HSP in respect of 2021, exceeds the applicable weight set out in the Table to section 6; or (b) if clause (a) does not apply, on or before July 31 in the first calendar year in which the producer’s average weight of supply, as calculated under section 2 for that type of HSP, exceeds the applicable weight set out in the Table to section 6. (2) Every producer of a type of HSP in Category C shall register with the Authority with respect to that type of HSP, (a) on or before October 31, 2021, if the person is a producer of a type of HSP in Category C on or before October 31, 2021; or (b) within 30 days of becoming a producer of a type of HSP in Category C. (3) Every producer of a type of HSP in Category D or Category E shall register with the Authority with respect to that type of HSP, (a) on or before October 31, 2021, if the producer’s HSP of that type is supplied in Ontario between January 1, 2018 and October 31, 2021; or (b) if clause (a) does not apply, within 30 days of the producer’s HSP of that type being supplied in Ontario.
Information required as part of registration
 39. (1) A producer who is required to register under section 38 shall submit the following information to the Authority, through the Registry, as part of the registration: 1. The producer’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 producer. 3. 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. 4. For each type of HSP the producer is registering in respect of, i. the type of HSP and the category to which it belongs, ii. if the type of HSP is in Category A or Category B, the total weight of the producer’s HSP of that type that was supplied to consumers in Ontario in each of the years used to calculate the average weight of supply referred to in clause 38 (1) (a) or (b), as the case may be, and iii. if the type of HSP is in Category D or Category E and the producer is required to register under clause 38 (3) (b), the date on which the producer’s HSP of that type was first supplied to consumers in Ontario. (2) The producer shall submit updated information within 15 days after any change to the information required under subsection (1).
Submission of registration information by volunteer organization
 40. (1) A producer of a type of HSP in Category A, Category B or Category E who is not the brand holder of the HSP may enter into a written agreement that authorizes a volunteer organization that owns a brand used in respect of that type of HSP to submit information set out under section 39 on behalf of the producer. (2) A volunteer organization that enters into an agreement referred to in subsection (1) shall submit the information set out under section 39 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 and types of HSP in respect of which the volunteer organization is a brand holder who owns the brand and in respect of which the registration relates. (3) The volunteer organization shall submit updated information within 15 days after any change to the information required under subsection (2) or 39 (1).
Producer responsibility organizations
 41. (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 types of HSP, and their categories, in respect of which the producer responsibility organization is retained. 3. With respect to each producer who has retained the producer responsibility organization, i. the name, contact information and any unique identifier assigned by the Registrar, ii. whether the producer responsibility organization is providing any collection services on behalf of the producer under Part III, IV or V and, if so, the types of HSP for which producer responsibility organization is providing services, iii. whether the producer responsibility organization is providing any management services on behalf of the producer under section 30 and, if so, the types of HSP for which the producer responsibility organization is providing services, iv. whether the producer responsibility organization is providing any promotion and education services on behalf of the producer under Part VII and, if so, the types of HSP for which the producer responsibility organization is providing services, and v. a description of any other responsibilities under this Regulation relating to HSP that the producer responsibility organization has been retained to carry out on behalf of the producer. 4. 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 ensuring the registration is complete and up to date. (2) The producer responsibility organization shall submit updated information within 15 days of any change to the information required under subsection (1).