jswizzle3737/ontario_laws_and_regs huggingface dataset:
Designated class
 2. For the purposes of section 60 of the Act, electrical and electronic equipment are a designated class of material.
Application
 3. (1) This Regulation applies to the following categories of EEE, and a reference to a category of EEE is a reference to one of the following categories: 1.  ITT/AV. 2.  Lighting. (2) This Regulation does not apply to the following products, regardless of whether they would fall into one or more categories of EEE: 1.  Cash registers, self-checkout machines, automated banking machines (ABMs) and automated teller machines (ATMs). 2.  Streetlights and signal or lighting systems designed to control or manage the movement of vehicles or pedestrians. 3.  Textiles, clothing, furniture or any other upholstered and stuffed articles containing any EEE. 4.  Motor vehicles. 5.  Any product that is, or that is designed for use with, any marine, military, aeronautic or space equipment. 6.  Any EEE that falls under the definition of “device” in section 2 of the Food and Drugs Act
(Canada). 7.  Power tools. 8.  Children’s toys. 9.  Equipment of which the primary purpose is monitoring, measuring or controlling information or data, other than equipment that is included in the definition of ITT/AV. (3) In this Regulation, a reference to EEE includes all components, parts or peripherals, including batteries, that are provided with the product at the time of supply to the consumer, but does not include printed paper or packaging supplied with the product. (4) For the purposes of this Regulation, a product belongs to the category of EEE that is most closely related to the primary purpose of the product, regardless of whether the product falls into both categories of EEE described in subsection (1). (5) For greater certainty, this Regulation does not apply to a product if the primary purpose of the product does not fall into one of the categories of EEE described in subsection (1), regardless of whether any of the components, parts or peripherals of the product referred to in subsection (3) are EEE.
Performance periods
 4. The following performance periods apply for the purposes of collecting or managing EEE under Parts III and IV: 1.  Every calendar year, starting on January 1, 2021 for ITT/AV. 2.  Every calendar year, starting on January 1, 2023 for lighting.
Producers
 5. (1) For the purposes of the definition of “producer” in section 1, with respect to new EEE marketed to consumers in Ontario, the producer is, (a)  subject to subsections (2) and (3), if the brand holder of the EEE is resident in Canada, the brand holder; (b)  if there is no person described in clause (a) and the EEE is imported into Ontario by a person resident in Ontario, the importer; (c)  if there is no person described in clause (a) or (b) and the EEE is marketed by a person resident in Ontario, the first person who marketed the EEE; or (d)  if there is no person described in clause (a), (b) or (c) and the EEE is marketed by a person not resident in Ontario, the person who marketed the EEE. (2) For the purposes of clause (1) (a), if there are two or more brand holders of the new EEE marketed to consumers in Ontario who are resident in Canada, the producer is the brand holder most directly connected to the production of the EEE. (3) For the purposes of clause (1) (a), if more than one item of EEE 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) For the purposes of clause 61 (6) (c) of the Act, a person referred to in clause (1) (b) of this section is required to carry out the responsibilities of a producer under Part IV of the Act with respect to EEE if they market EEE to a consumer in Ontario or supply the EEE to another person in Ontario who will then market that EEE in Ontario. (5) Subsection (1) does not apply to a producer who markets new EEE to consumers in Ontario if the EEE is incorporated into, or is a component, part or peripheral supplied with, another product that is not ITT/AV or lighting and that is marketed to consumers in Ontario.
Producer responsibility organization
 5.1 (1) 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 EEE is that the person must be a producer responsibility organization. O. Reg. 554/22, s. 2. (2) 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. 554/22, s. 2. (3) 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. 554/22, s. 2. 6., 7. Revoked: O. Reg. 554/22, s. 3.
Exemptions, ITT/AV and lighting
 8. If, prior to any reductions under section 18, a producer’s management requirement for a performance period is not more than three and a half tonnes with respect to ITT/AV or not more than 350 kilograms with respect to lighting, the producer is exempt from the application of Parts III and IV and sections 20, 23, 24, 25 and 32 for that performance period in respect of that ITT/AV or lighting, as the case may be. O. Reg. 522/20, s. 8; O. Reg. 554/22, s. 4. Part III   collection of eEE — ITT/AV and Lighting
PART III COLLECTION OF EEE — ITT/AV AND LIGHTING
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ITT/AV and lighting, producer requirements
 9. (1) Subject to section 8, every producer of ITT/AV and every producer of lighting shall establish and operate a collection system for each applicable category of EEE in accordance with the applicable requirements set out in sections 10 to 12. O. Reg. 522/20, s. 9. (2) Every producer responsibility organization that has entered into an agreement with a producer to provide collection services under this Part for a category of EEE is required to satisfy the requirements set out in this Part that apply to that producer with respect to each category of EEE covered in that agreement. O. Reg. 554/22, s. 5. (3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies. O. Reg. 554/22, s. 5.
Collection, large producers of ITT/AV and lighting
 10. (1) Every producer who is required under section 14 to manage, or to make best efforts to manage, as the case may be, 700 tonnes or more of ITT/AV or 35 tonnes or more of lighting in a performance period shall establish and operate a collection system for each applicable category of EEE the producer supplies in accordance with subsection (2) during each applicable performance period. (2) The producer shall establish and operate a collection system for each applicable category of EEE by satisfying the following requirements: 1.  Subject to subsections 12 (3) to (6), in each local municipality with a population of 1,000 or more, as reported by Statistics Canada in the most recent official census, the producer shall establish and operate EEE collection sites at which that category of EEE is collected, as follows: i.  If the population is 500,000 or less, at least one EEE collection site for every 15,000 people or portion thereof. ii.  If the population is more than 500,000, at least 34 EEE collection sites for the first 500,000, and at least one EEE collection site for every 50,000 people or portion thereof, for the portion that surpasses 500,000. 2.  In each territorial district with a population of 1,000 or more, as reported by Statistics Canada in the most recent official census, the producer shall establish and operate at least one EEE collection site at which that category of EEE is collected.
PART IV MANAGEMENT OF EEE — ITT/AV AND LIGHTING
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ITT/AV and lighting management, producer requirements
 13. (1) Subject to section 8, every producer of ITT/AV and every producer of lighting shall establish and operate a system for managing EEE by determining and satisfying their management requirement with respect to each applicable category of EEE in accordance with sections 14 to 18. O. Reg. 522/20, s. 13. (2) Every producer responsibility organization that has entered into an agreement with a producer to provide management services under section 15 for a category of EEE is required to satisfy the requirements set out in that section that apply to that producer with respect to that category of EEE. O. Reg. 554/22, s. 7. (3) In section 15, a reference to a producer includes a producer responsibility organization to which subsection (2) applies. O. Reg. 554/22, s. 7.
Calculation of management requirement
 14. (1) Subject to section 18, every producer of ITT/AV and every producer of lighting shall make best efforts to manage a minimum amount of materials from each applicable category of EEE during the following applicable performance periods and shall determine the amount using the formulas set out in subsection (3): 1.  For producers of ITT/AV, the 2021 and 2022 calendar years. 2.  For producers of lighting, the 2023 and 2024 calendar years. (2) Subject to section 18, every producer of ITT/AV and every producer of lighting shall manage a minimum amount of materials from each applicable category of EEE during the following applicable performance periods and shall determine the amount using the formulas set out in subsection (3): 1.  For producers of ITT/AV, the 2023 calendar year and each subsequent calendar year. 2.  For producers of lighting, the 2025 calendar year and each subsequent calendar year. (3) The formulas referred to in subsections (1) and (2) are the following: 1.  For producers of ITT/AV for whom the performance period is the 2021 calendar year, Y3 × MP 2.  For producers of ITT/AV for whom the performance period is the 2022 calendar year, (Y3 + Y4) / 2 × MP 3.  For producers of ITT/AV and for producers of lighting for whom the performance period is the 2023 calendar year or a subsequent calendar year, (Y3 + Y4 + Y5) / 3 × MP (4) In the formulas set out in subsection (3), “Y3” is the weight of ITT/AV or lighting, as the case may be, of which the person is a producer, that was supplied in Ontario in the calendar year three years prior to the relevant performance period, “Y4” is the weight of ITT/AV or lighting, as the case may be, of which the person is a producer, that was supplied in Ontario in the calendar year four years prior to the relevant performance period, “Y5” is the weight of ITT/AV or lighting, as the case may be, of which the person is a producer, that was supplied in Ontario in the calendar year five years prior to the relevant performance period, and “MP” is the management percentage for the relevant performance period, which is, i.  with respect to ITT/AV, 55 per cent for the 2021 and 2022 calendar years, 60 per cent for the 2023 calendar year, 65 per cent for the 2024 calendar year and 70 per cent for the 2025 calendar year and for every subsequent calendar year, and ii.  with respect to lighting, 30 per cent for the 2023 to 2025 calendar years, 40 per cent for the 2026 calendar year and 50 per cent for the 2027 calendar year and for every subsequent calendar year.
Management of EEE
 15. Every producer who is required under section 14 to manage EEE, or to make best efforts to manage EEE, as the case may be, shall ensure that all EEE collected at an EEE collection site by the producer under Part III is, within three months from the date the EEE is picked up from the collection site, (a)  processed by an EEE processor who is registered under section 22; or (b)  managed by an EEE refurbisher who is, (i)  registered under section 22, or (ii)  not required to register under section 22 as a result of managing less than 10 tonnes of EEE in the calendar year prior to the applicable performance period. O. Reg. 522/20, s. 15; O. Reg. 554/22, s. 8.
EEE Verification and Audit Procedure
 16. (1) With respect to the data used to calculate a management requirement, every producer shall use data determined in accordance with the EEE Verification and Audit Procedure. (2) Every producer shall ensure that the data referred to in subsection (1) is also verified in accordance with the EEE Verification and Audit Procedure, beginning with respect to data relating to the 2020 calendar year for ITT/AV and to the 2022 calendar year for lighting, and with respect to each subsequent calendar year.
Reduction of management requirement
 18. (1) Subject to subsection (3), if any of the new EEE that was supplied by a producer in Ontario in a calendar year meets the conditions set out in subsection (2), the producer may reduce their management requirement in accordance with the following rules: 1.  The producer may reduce the weight used in the relevant formula in section 14 with respect to each year that the EEE that meets the conditions set out in subsection (2) was supplied. 2.  The producer may reduce the weight used with respect to each year referred to in paragraph 1 by the equivalent weight that meets the conditions set out in subsection (2). 3.  The producer may only reduce the management requirement by a maximum of 50 per cent. (2) For the purposes of subsection (1), the management requirement determined under section 14 may be reduced in accordance with the following conditions: 1.  If any ITT/AV or lighting that was supplied in the calendar years in respect of which the management requirement has been determined contains post-consumer recycled glass or plastic content, and if any batteries in ITT/AV or lighting that were supplied in the calendar year in respect of which the management requirement has been determined contains post-consumer recycled content, the producer may reduce the weight of its supply data for each of those years by the equivalent weight of the post-consumer recycled glass or plastic used in the ITT/AV or lighting, and post-consumer recycled content used in the batteries. 2.  If any ITT/AV that was supplied in the calendar years in respect of which the management requirement has been determined is subject to a manufacturer’s warranty that covers the ongoing functionality of the product for the purpose for which it was first marketed for each full calendar year beyond one year from the date of purchase, at no additional charge, the producer may reduce the weight of its supply data by 5 per cent for each additional full calendar year in relation to the weight of the ITT/AV supplied with the warranty. 3.  With respect to ITT/AV that was supplied in the calendar years in respect of which the management requirement has been determined, if the producer of that ITT/AV makes information available to the consumer, at no charge, and tools and parts, at no charge or on a cost recovery basis, to repair the ITT/AV, the producer may reduce the weight of its supply data by 10 per cent of the weight of the ITT/AV for which the information, tools and parts were made available so long as the information, tools and parts remain available to the consumer at the time that the producer must fulfil its reporting obligations under Parts VI and VII. (3) The weight associated with any of the reductions referred to in subsection (1) must be verified in accordance with the EEE Verification and Audit Procedure, beginning with respect to data relating to the 2020 calendar year for ITT/AV and to the 2022 calendar year for lighting, and with respect to each subsequent calendar year. Part v   Promotion and Education
Promotion and education, producers
 19. (1) Producers who are required under section 14 to establish and operate a system for managing EEE in the following performance periods shall implement a promotion and education program during each applicable performance period in accordance with subsection (2): 1.  For producers of ITT/AV, the 2021 and 2022 performance periods. 2.  For producers of lighting, the 2023 and 2024 performance periods. (2) Every producer referred to in subsection (1) shall implement a promotion and education program during each applicable performance period by, at a minimum, (a)  making reasonable efforts to raise public awareness of the producer’s efforts to collect, reduce, reuse, recycle and recover ITT/AV or lighting, as the case may be, and to encourage public participation in those efforts; and (b)  publishing and clearly displaying the information set out under subsection (3) on their website, (i)  on or before January 1, 2021, if the producer marketed ITT/AV in Ontario between January 1, 2018 and December 31, 2019, or (ii)  on or before January 1, 2023 if the producer marketed lighting in Ontario between January 1, 2018 and December 31, 2021. (3) The information referred to in clause (2) (b) is the following: 1.  The location of each EEE collection site that is part of the producer’s collection system, for each applicable category of EEE, where consumers may return the EEE at no charge. 2.  A description of any collection services provided by the producer that are available other than at an EEE collection site. 3.  A description of the resource recovery activities engaged in by the producer for each applicable category of EEE in the course of managing the EEE. Note: On July 1, 2025, section 19 of the Regulation is revoked. (See: O. Reg. 522/20, s. 34 (1)) 19.1 Revoked: O. Reg. 44/23, s. 1. Part Vi   Registration
Registration, producers
 20. (1) Every producer who markets ITT/AV or lighting in Ontario shall register with the Authority, through the Registry, by submitting the information set out under subsection (2) within 30 days of marketing the applicable category of EEE in Ontario. O. Reg. 554/22, s. 10. (2) The information referred to in subsection (1) is the following: 1.  The producer’s name, contact information and any unique identifier assigned by the Registrar. 2.  The category to which the EEE referred to in subsection (1) belongs. 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 ensuring the registration is complete and up to date. 5.  The date the producer first marketed the applicable category of EEE in Ontario. O. Reg. 554/22, s. 10. (3) The producer shall submit updated information within 15 days after any change to the information required under subsection (2). O. Reg. 554/22, s. 10.
Submission of registration information by volunteer organization
 20.1 (1) A producer of EEE who is not the brand holder of the EEE may enter into a written agreement that authorizes a volunteer organization that owns a brand used in respect of EEE to submit information set out under section 20 on behalf of the producer. O. Reg. 554/22, s. 10. (2) A volunteer organization that enters into an agreement referred to in subsection (1) shall submit the information set out under section 20 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 EEE in respect of which the volunteer organization is a brand holder who owns the brand and in respect of which the registration relates. O. Reg. 554/22, s. 10. (3) The volunteer organization shall submit updated information within 15 days after any change to the information required under subsection (2) or 20 (2). O. Reg. 554/22, s. 10.
Registration, producer responsibility organizations
 21. (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 category of EEE 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, and ii.  a description of the producer responsibilities relating to EEE that the producer responsibility organization has been retained to carry out. 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).
Registration, EEE haulers, processors and refurbishers
 22. (1) Every EEE hauler and EEE processor that arranges for the transport of or that processes either ITT/AV or lighting shall register with the Authority, through the Registry, within 30 days of the applicable category of EEE being transported or processed, by submitting the information set out under subsection (3). O. Reg. 554/22, s. 11. (2) Every EEE refurbisher that refurbishes 10 tonnes or more of ITT/AV or lighting for the purpose of fulfilling producer responsibilities in a calendar year shall register with the Authority, through the Registry, on or before January 31 in the calendar year immediately following the year in which the applicable category of EEE was refurbished, by submitting the information set out under subsection (3). O. Reg. 554/22, s. 11. (3) The information referred to in subsections (1) and (2) is the following: 1.  The name, contact information and any unique identifier assigned by the Registrar of the EEE hauler, EEE processor or EEE refurbisher, as the case may be. 2.  The name and contact information of an employee of the EEE hauler, EEE processor or EEE refurbisher, as the case may be, who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date. 3.  If the person is an EEE hauler, each category of EEE for which the person arranges transport. 4.  If the person is an EEE processor, each category of EEE the person processes, the location of each site where the person receives and processes EEE and the types of processed materials that result from the processing. 5.  If the person is an EEE refurbisher, each category of EEE the person refurbishes or provides for reuse, and the location of each site where the person does the refurbishing or the preparation for the reuse. O. Reg. 522/20, s. 22 (3). (4) The EEE hauler, EEE processor or EEE refurbisher, as the case may be, shall submit updated information within 15 days of any change to the information required under subsection (3). O. Reg. 522/20, s. 22 (4). Part ViI   Reporting, Auditing and Record Keeping
Initial report, collection and management of lighting
 23. (1) Every producer of lighting who marketed lighting in Ontario between January 1, 2018 and November 30, 2022 shall, on or before April 30, 2023, submit a report to the Authority, through the Registry, that complies with subsection (2). O. Reg. 554/22, s. 12. (2) The report referred to in subsection (1) must contain a description of how the producer is fulfilling or plans to fulfil their responsibilities relating to lighting, including the following: 1.  The location of each EEE collection site that is part of the producer’s collection system, and the name and contact information of the operator of the site. 2.  The name, contact information and any unique identifier assigned by the Registrar of each EEE hauler, EEE processor, EEE refurbisher, battery hauler, battery processor and battery refurbisher that is part of the producer’s collection or management system. 3.  A description of any collection services provided by the producer that are available other than at an EEE collection site, including the name and contact information of the person who owns, operates or provides the service. O. Reg. 554/22, s. 12.
Initial report, producers
 24. On or before April 30, 2023, every producer who supplied lighting in Ontario in 2021 and who marketed lighting in Ontario between January 1, 2018 and November 30, 2022 shall submit a report to the Authority, through the Registry, that contains the following information: 1.  The weight of lighting supplied in Ontario in 2021 by the producer. 2.  With respect to the lighting supplied in Ontario in 2021, the weight, if any, i.  of post-consumer recycled glass or plastic content contained in the lighting, or ii.  of post-consumer recycled content contained in the batteries in the lighting. O. Reg. 554/22, s. 12.
Annual report, producers and volunteer organizations
 25. (1) Every producer of ITT/AV and every producer of lighting who is required to register under subsection 20 (1) shall submit a report to the Authority, through the Registry, that complies with subsection (2), (a)  on or before April 30 in each year, with respect to producers of ITT/AV; and (b)  on or before April 30, 2024 and on or before April 30 in each subsequent year, with respect to producers of lighting. O. Reg. 554/22, s. 13 (1). (2) The report referred to in subsection (1) must contain the following information with respect to each applicable category of EEE: 1.  A description of the actions taken by the producer in the previous performance period to fulfil their responsibilities relating to the requirements set out under Parts III and IV and section 19. Note: On July 1, 2025, paragraph 1 of subsection 25 (2) of the Regulation is amended by striking out “and section 19” at the end. (See: O. Reg. 522/20, s. 34 (2)) 2.  A description of how the producer and any producer responsibility organization retained by the producer satisfied the management requirement in the previous performance period, including the following information: i.  The weight of EEE that was refurbished, including the weight of any parts, components, peripherals or batteries removed from EEE that were refurbished. ii.  The weight of EEE that was reused, including the weight of any parts, components, peripherals or batteries removed from EEE that were reused. iii.  The total weight of processed materials that resulted from the processing of EEE that were, A.  provided to a person for the making of new products or packaging, or B.  used as aggregate, if the processed material is glass. iv.  The total weight of processed materials that resulted from the processing of batteries removed from EEE that were, A.  provided to a person for the making of new products or packaging, B.  used to enrich soil, or C.  used as aggregate. v.  The total weight of EEE and the weight of processed materials from the EEE, including batteries removed from the EEE, that were, A.  land disposed, B.  incinerated, C.  used as a fuel or a fuel supplement, D.  stored, stockpiled, used as daily landfill cover or otherwise deposited on land, E.  used as aggregate, if the processed material is glass, with respect to any aggregate that was used beyond the 15 per cent maximum for ITT/AV or the 50 per cent maximum for lighting, as permitted under subsection 17 (2), or F.  used as aggregate, with respect to any aggregate that was used beyond the 15 per cent maximum for batteries, as permitted under subsection 17 (3). 3.  The weight of ITT/AV or lighting supplied in Ontario in the calendar year two years prior and the weight, if any, i.  of post-consumer recycled glass or plastic content contained in the ITT/AV or lighting, ii.  of post-consumer recycled content contained in the batteries in the ITT/AV or lighting, iii.  of the ITT/AV that is subject to a warranty, and iv.  of ITT/AV for which information, tools and parts are made available to the consumer to repair the ITT/AV. O. Reg. 522/20, s. 25 (2). (3), (4) Revoked: O. Reg. 554/22, s. 13 (2).
Submission of reports by third parties
 25.1 (1) A producer may enter into a written agreement that authorizes a third party, including a volunteer organization, to submit a report under this Part on behalf of the producer. O. Reg. 554/22, s. 14. (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. 554/22, s. 14.
Annual report, producer responsibility organizations
 26. (1) Every producer responsibility organization that is retained with respect to ITT/AV or lighting and is required to register under section 21 shall submit a report to the Authority, through the Registry, that complies with subsection (2), (a)  on or before April 30 in each year, with respect to producer responsibility organizations for ITT/AV; and (b)  on or before April 30, 2024 and on or before April 30 in each subsequent year, with respect to producer responsibility organizations for lighting. O. Reg. 522/20, s. 26 (1); O. Reg. 554/22, s. 15. (2) The report referred to in subsection (1) must contain the following information with respect to each applicable category of EEE in the previous performance period: 1.  The weight of EEE collected by the producer responsibility organization. 2.  A list of every EEE processor and EEE refurbisher that the producer responsibility organization retains to process or refurbish EEE, including any unique identifier assigned by the Registrar, and the weight of the processed materials and refurbished EEE managed by each EEE processor or EEE refurbisher. 3.  A list of every battery processor and battery refurbisher that the producer responsibility organization retains to process or refurbish batteries, including any unique identifier assigned by the Registrar, and the weight of the processed batteries and refurbished batteries managed by each battery processor or battery refurbisher. 4.  The weight of refurbished EEE, including the weight of batteries removed from EEE that were refurbished, and the weight of processed materials allocated to each producer who retained the producer responsibility organization’s services for the purpose of satisfying their management requirement under section 14. 5.  The number and location of EEE collection sites or public EEE collection events, and a description of any collection services, 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. 522/20, s. 26 (2).
Annual report, EEE haulers
 27. (1) Every EEE hauler who is required to register under section 22 shall submit a report to the Authority, through the Registry, that complies with subsection (2), (a)  on or before April 30 in each year, with respect to EEE haulers of ITT/AV; and (b)  on or before April 30, 2024 and on or before April 30 in each subsequent year, with respect to EEE haulers of lighting. O. Reg. 522/20, s. 27 (1); O. Reg. 554/22, s. 16. (2) The report referred to in subsection (1) must contain the following information with respect to each applicable category of EEE in the previous performance period: 1.  The weight of EEE picked up from an EEE collection site or from a person and the name and contact information of the operator of the site or person. 2.  For each EEE refurbisher to whom the EEE hauler provided EEE referred to in paragraph 1, the weight of EEE provided and the EEE refurbisher’s name, contact information and any unique identifier assigned by the Registrar. 3.  For each EEE processor to whom the EEE hauler provided EEE referred to in paragraph 1, the weight of EEE provided and the EEE processor’s name, contact information and any unique identifier assigned by the Registrar. 4.  If the EEE hauler is part of a producer’s collection system, the name, 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 EEE referred to in paragraph 1 was collected from outside of Ontario, the weight of that EEE. O. Reg. 522/20, s. 27 (2).
Annual report, EEE refurbishers
 29. (1) Every EEE refurbisher who is required to register under section 22 shall submit a report to the Authority, through the Registry, that complies with subsection (2), (a)  on or before April 30 in each year, with respect to EEE refurbishers of ITT/AV; and (b)  on or before April 30, 2024 and on or before April 30 in each subsequent year, with respect to EEE refurbishers of lighting. O. Reg. 522/20, s. 29 (1); O. Reg. 554/22, s. 18. (2) The report referred to in subsection (1) must contain the following information with respect to each applicable category of EEE in the previous performance period: 1.  The weight of EEE received from an EEE hauler or any other person at each site where the EEE refurbisher receives and refurbishes EEE and the EEE hauler’s or the person’s name, contact information and any unique identifier assigned by the Registrar. 2.  The weight of EEE referred to in paragraph 1 that was refurbished or provided for reuse. 3.  The weight of EEE referred to in paragraph 1 that was sent for resource recovery or disposal, including the person’s name, contact information and any unique identifier assigned by the Registrar. 4.  If the EEE refurbisher is part of a producer’s management system, the name, contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. 5.  The weight of batteries removed from EEE and sent to another person for resource recovery or disposal, including the person’s name, contact information and any unique identifier assigned by the Registrar. O. Reg. 522/20, s. 29 (2). (3) The information provided under paragraphs 1 to 3 and 5 of subsection (2) must include information with respect to EEE, and any processed material derived from EEE, collected in Ontario as well as outside Ontario. O. Reg. 522/20, s. 29 (3).
Records
 30. Every producer, producer responsibility organization, EEE hauler, EEE processor, EEE refurbisher and volunteer organization shall keep the following applicable records in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from the date of creation: 1.  Records related to arranging for the establishment or operation of a collection or management system for the purpose of fulfilling their responsibilities relating to EEE. 2.  Records related to establishing or operating a collection or management system for the purposes of fulfilling their responsibilities relating to EEE. 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.  Records related to the weight of EEE supplied in Ontario, regardless of whether registration is required by the producer. 6.  Records related to the weight of EEE that is refurbished, regardless of whether registration is required by the EEE refurbisher. 7.  Any agreements that relate to paragraph 1, 2, 3, 4, 5 or 6.
Records, EEE collection sites
 31. (1) Every operator of an EEE collection site at which ITT/AV or lighting is collected shall keep the following records with respect to each applicable category of EEE collected at each site, if there is more than one, in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from the date of creation: 1.  The weight of EEE that was collected. 2.  The weight of EEE referred to in paragraph 1 that the operator provided for reuse or refurbishing or sent for processing. 3.  For each EEE hauler to whom the operator provided EEE referred to in paragraph 1, the weight of the EEE provided and the EEE hauler’s name, contact information and any unique identifier assigned by the Registrar. 4.  If any of the EEE referred to in paragraph 1 was collected from outside of Ontario, the weight of that EEE. (2) If an EEE processor, an EEE refurbisher or the operator of an EEE collection site that is not part of a retail location collects more than 50 kilograms of ITT/AV or five kilograms of lighting from a person on a single day, the EEE processor, EEE refurbisher or operator of the EEE collection site, as the case may be, 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 the date of creation: 1.  The person’s name, contact information and any unique identifier assigned by the Registrar. 2.  The weight of EEE accepted on that day from that person.
Audit, management systems
 32. (1) Every producer shall cause an audit to be undertaken of the practices and procedures the producer implemented in order to comply with sections 13 to 17, (a)  on or before April 30, 2024, (i)  with respect to ITT/AV the producer was responsible for in 2022 and 2023, and (ii)  with respect to lighting the producer was responsible for in 2023; and (b)  on or before April 30, 2027 and on or before April 30 in every third performance period after that, with respect to each category of EEE the producer was responsible for in the three immediately preceding calendar years. (2) On or before April 30 in any year in which an audit is required under subsection (1), 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 each applicable category of EEE: 1.  The weight of EEE that was refurbished, including the weight of any parts, components, peripherals or batteries removed from EEE that were refurbished. 2.  The weight of EEE that was reused, including the weight of any parts, components, peripherals or batteries removed from EEE that were reused. 3.  The weight of processed materials that resulted from the processing of EEE that were, i.  provided to a person for the making of new products or packaging, or ii.  used as aggregate, if the processed material is glass. 4.  The weight of processed materials that resulted from the processing of batteries removed from EEE that were, i.  provided to a person for the making of new products or packaging, ii.  used to enrich soil, or iii.  used as aggregate. 5.  A list of the types of products and packaging that were made with the processed materials referred to in paragraphs 3 and 4. 6.  The weight of EEE and the weight of processed materials referred to in paragraphs 3 and 4 that were, i.  land disposed, ii.  incinerated, iii.  used as a fuel or a fuel supplement, iv.  stored, stockpiled, used as daily landfill cover or otherwise deposited on land, v.  used as aggregate, if the processed material is glass, with respect to any aggregate that was used beyond the 15 per cent maximum for ITT/AV or the 50 per cent maximum for lighting, as permitted under subsection 17 (2), or vi.  used as aggregate, with respect to any aggregate that was used beyond the 15 per cent maximum for batteries, as permitted under subsection 17 (3). 7.  A statement confirming whether the producer satisfied their management requirement. (3) 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 EEE Verification and Audit Procedure.
Access to information and privacy
 33. (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. (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, EEE; 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. PART VIII (OMItted) 34. Omitted (provides for amendments to this Regulation). 35. Omitted (provides for coming into force of provisions of this Regulation). Schedule 1   Categories of Electrical and Electronic Equipment
Categories of electrical and electronic equipment
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