Definitions
 1. (1) In this Regulation, “antifreeze” means, subject to subsection (2), a product containing ethylene or propylene glycol that is used or intended for use as a vehicle engine coolant and includes, (a) the initial antifreeze supplied with a new vehicle, and (b) antifreeze that is premixed and concentrated; (“produit antigel”) “architectural coating” means paint or coating intended for interior or exterior surfaces of residential, commercial, institutional or industrial structures, including any components of or attachments to those structures, such as driveways, indoor or outdoor furniture, appliances, floors, cabinets and doors; (“enduit bâtiment”) “average weight of supply” means, when used in reference to a producer with respect to a type of HSP and a calendar year, the applicable number calculated in accordance with section 2; (“poids moyen de produit fourni”) “barometer” means a barometer, intended for residential use, that contains mercury and may contain electronic components; (“baromètre”) “Category A” means any of the following types of materials: 1. Non-refillable pressurized containers. 2. Oil filters; (“catégorie A”) “Category B” means any of the following types of materials: 1. Antifreeze. 2. Oil containers. 3. Paints and coatings. 4. Pesticides. 5. Refillable pressurized containers. 6. Solvents; (“catégorie B”) “Category C” means any of the following types of materials: 1. Barometers. 2. Thermometers. 3. Thermostats; (“catégorie C”) “Category D” means any of the following types of materials: 1. Fertilizers; (“catégorie D”) “Category E” means any of the following types of materials: 1. Refillable propane containers; (“catégorie E”) “council of the band” has the same meaning as in the Indian Act (Canada); (“conseil de bande”) “Far North” has the same meaning as in the Far North Act, 2010; (“Grand Nord”) “fertilizer” means any substance or mixture of substances containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient and regulated under the Fertilizers Act (Canada), but does not include, (a) fertilizer that is used for commercial or agricultural purposes, (b) fertilizer that contains inoculants, coated seeds or uncoated seeds, or (c) fertilizer that is supplied in a container that has a capacity of greater than 30 litres or 30 kilograms; (“engrais”) “hazardous and special product” or “HSP” means any material that is of a type listed in the definitions of Category A, Category B, Category C, Category D or Category E; (“produit dangereux et spécial”) or (“PDS”) “HSP disposal facility” means a facility at which pesticides are disposed of; (“installation d’élimination des PDS”) “HSP hauler” means a person who arranges for the transport of HSP that are used by consumers in Ontario and are destined for processing, reuse, refurbishing or disposal, but does not include a person who arranges for the transport of HSP initially generated by that person; (“transporteur de PDS”) “HSP processor” means a person who processes, for the purpose of resource recovery, HSP used by consumers in Ontario; (“transformateur de PDS”) “HSP Verification and Audit Procedure” means the document entitled “Hazardous and Special Products Verification and Audit Procedure” published by the Authority and dated May 19, 2021, as amended from time to time, and available on the Registry; (“Procédure de vérification des PDS”) “land disposed” has the same meaning as “land disposal” in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“éliminé en milieu terrestre”) “large producer” means, with respect to a type of HSP, a producer who is determined to be a large producer of that type of HSP under section 11; (“gros producteur”) “lubricating oil” means petroleum-derived or synthetic crankcase oil, engine oil, hydraulic fluid, transmission fluid, gear oil, heat transfer fluid or other oil or fluid used for lubricating machinery or equipment; (“huile de graissage”) “management requirement” means the minimum amount of recovered resources from a type of HSP in Category A that a producer is required to account for under section 31; (“obligation de gestion”) “non-refillable pressurized container” means a pressurized container that is used for the supply of a gas product, including propane, but cannot be refilled and does not include the following: 1. An aerosol container. 2. A fire extinguisher. 3. A cylinder that must be punctured for use, such as a small CO2 cylinder. 4. A pressurized container that has a water capacity greater than 109 litres; (“contenant pressurisé non rechargeable”) “oil container” means a container that is used for the supply of new lubricating oil and that has a capacity of 30 litres or less; (“contenant d’huile”) “oil filter” means a fluid filter, other than a gasoline filter, and includes, (a) a spin-on style filter or element-style fluid filter that is sold separately or as part of a product, that is used in hydraulic, transmission or internal combustion engine applications, (b) a filter used for oil, diesel fuel, storage tank fuel, coolant, household furnace fuel, and (c) a sump type automatic transmission filter; (“filtre à huile”) “paints and coatings” means, subject to subsection (2), latex, oil or solvent-based architectural coatings and includes paints and stains, whether tinted or untinted, non-pesticide marine paints and aerosol paints for automotive, craft and industrial applications, but does not include, (a) non-aerosol paints intended for automotive or industrial applications or crafts, (b) paints or wood preservatives that are registered as a pesticide under the Pest Control Products Act (Canada), (c) stuccos and spackling compounds, (d) polishes and waxes, (e) caulking and sealants, or (f) paints and coatings that are supplied in a container that has a capacity greater than 30 litres or 30 kilograms; (“peintures et revêtements”) “permanent establishment”, (a) has the meaning assigned by subsection 400 (2) of the Income Tax Regulations
(Canada) in the case of a corporation, and (b) has the meaning assigned by subsection 2600 (2) of the Income Tax Regulations
(Canada) in the case of an individual; (“établissement stable”) “pesticide” means, subject to subsection (2), a pesticide, fungicide, herbicide or insecticide that is registered under the Pest Control Products Act (Canada), that is designated as “DOMESTIC” class under the Pest Control Products Regulations (SOR/2006-124) and is required to bear the signal word “DANGER” or “WARNING” and the signal word “POISON” together with the related precautionary symbols set out in Schedule 3 of that Regulation, but does not include the following: 1. Insect repellents intended for personal use. 2. Sanitizers, disinfectants and antimicrobial products. 3. Pool chemicals. 4. Diatomaceous earth. 5. Pet products. 6. Ant traps. 7. Products regulated under the
Food and Drugs Act (Canada). 8. Insecticidal soaps. 9. Commercial, agricultural and restricted classifications registered under the Pest Control Products Act (Canada). 10. Product supplied in a container that has a capacity greater than 30 litres or 30 kilograms; (“pesticide”) “producer” means a person who is required to carry out responsibilities relating to HSP, as determined in accordance with section 4; (“producteur”) “producer responsibility organization” means a person who has entered into an agreement with a producer for the purpose of carrying out one or more of the following producer responsibilities relating to HSP, but does not include an HSP processor retained solely for the purposes of processing HSP: 1. Arranging for the establishment or operation of a collection or management system. 2. Establishing or operating a collection or management system. 3. Implementing a promotion and education program. 4. Preparing and submitting reports; (“organisme assumant les responsabilités d’un producteur”) “recreational area” means, (a) parks, campgrounds or other recreational areas that are operated by an organization, authority or entity established by the Government of Canada or the Province of Ontario, or (b) a private campground; (“aire récréative”) “recycling efficiency rate” means the ratio of the weight of recovered resources from a type of HSP recovered at a facility by an HSP processor to the weight of that type of HSP received at that facility by that HSP processor; (“taux d’efficacité du recyclage”) “refillable pressurized container” means a pressurized container that is used for the supply of a gas product and can be refilled, but does not include the following: 1. A fire extinguisher. 2. An aerosol container. 3. A reservoir tank intended for air compressors. 4. A cylinder that must be punctured for use, such as a small CO2 cylinder. 5. A refillable propane container. 6. A pressurized container that has a water capacity greater than 109 litres; (“contenant pressurisé rechargeable”) “refillable propane container” means a pressurized container that can be refilled, has a water capacity of 109 litres or less and is used only for propane; (“contenant de propane rechargeable”) “reserve” means a reserve as defined in the Indian Act (Canada); (“réserve”) “resident in Canada” means a person having a permanent establishment in Canada; (“résident du Canada”) “resident in Ontario” means a person having a permanent establishment in Ontario; (“résident de l’Ontario”) “small producer” means, with respect to a type of HSP, a producer who is determined to be a small producer of that type of HSP under section 11; (“petit producteur”) “solvent” means, subject to subsection (2), a product that is a liquid intended to be used to dissolve or thin a compatible substance, is supplied in a container that has a capacity of 30 litres or 30 kilograms or less, and that meets one or both of the following criteria: 1. It is comprised of 10 per cent or more of water-immiscible liquid hydrocarbons, including halogen-substituted liquid hydrocarbons. 2. It is flammable and is as described in Clause 4.2 and as defined in Clause 7.2 of CSA Standard Z752-03, “Definition of Household Hazardous Waste”, published in September 2003 by Canadian Standards Association; (“solvant”) “territorial district” means a geographic area, other than a municipality, named and described in Schedule 2 to Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002; (“district territorial”) “thermometer” means a thermometer that is intended for residential use to measure body or air temperature and that contains mercury and may contain electronic components; (“thermomètre”) “thermostat” means a thermostat that contains mercury and may contain electronic components; (“thermostat”) “volunteer organization” means a person who owns a brand that is used in respect of a type of HSP and is not resident in Canada; (“organisme bénévole”) (2) Subject to subsection (3), for the purposes of this Regulation, any reference to “antifreeze”, “paints and coatings”, “pesticide” or “solvent” includes the product’s primary packaging, except for primary packaging that has a capacity of greater than 30 litres or 30 kilograms. (3) For the purposes of this Regulation, “primary packaging” does not include the following: 1. Corrugated and boxboard boxes. 2. Plastic film. 3. Shrink wrap. 4. Printed materials.