Frequently asked questions: Ontario's New Blue Box program and your business

1. What's changing with Ontario's Blue Box Program?

Ontario's Blue Box program is transitioning to a full Extended Producer Responsibility (EPR) model by December 31, 2025. This means that the responsibility for managing and funding the recycling of packaging and paper products is shifting entirely to producers – the brand owners, first importers, and manufacturers of these materials. The goal is to create a more efficient and sustainable recycling system. While this primarily affects producers, the changes will likely impact many Ontario businesses through changes in waste collection services and increased emphasis on waste reduction and recycling. The program aims to shift the $135 million annual cost of the program (which is expected to rise to $600 million) to the 1900 producers. Since the program's inception, more than $1.6 Billion has been contributed by businesses.

2. What is Extended Producer Responsibility (EPR)?

Extended Producer Responsibility (EPR) is a policy approach that places the responsibility for the end-of-life management of products and packaging on the producers who introduce those materials into the market. This includes both the physical and financial responsibility for collection, sorting, and recycling.

3. When are these changes taking effect?

The transition to the new EPR model began on July 1, 2023, and will be fully implemented by December 31, 2025. Municipalities across Ontario are transitioning at different times during this period, with approximately one-third making the change each year.

4. Who is considered a "producer" under the new Blue Box regulation?

A producer is broadly defined and can be the brand owner, first importer, or manufacturer of packaging, paper products, or packaging-like products supplied to Ontario consumers. Even small businesses can be considered producers if they meet these criteria. This can include:

• Brand owners: Those who own or license the brand under which a product is sold or distributed in Ontario, including those who import products in bulk and package them for sale. This includes retailers who carry their own brand-name product lines.
• First importers: If a brand owner is not located in Ontario, the responsibility may fall to the first company or person who imports the product into Ontario. Retailers can sometimes be classified as importers.
• Manufacturers: Companies that manufacture the products or packaging in Ontario.
• Retailers: In some cases, if there is no brand holder in Canada or importer in Ontario, the retailer who supplies the product to the customer may be considered the producer.
• Franchisors: If a business operates under a franchise model, the franchisor is deemed the producer, according to the definitions outlined above.
• Marketplace Facilitators: If a retailer is a marketplace seller (i.e., has a contract with a marketplace facilitator to sell products), the marketplace facilitator is the designated producer.

5. How will the new Blue Box program affect my business?

Even if you're not a producer, the program changes might affect your waste collection services. Some municipalities may adjust their schedules or discontinue service for certain businesses during the transition. You might also see an increased emphasis on waste reduction and recycling from your waste management provider. It's a good idea to reach out to your municipality or waste management provider to confirm how your services will be affected.

The impact of the new Blue Box program will vary depending on the size and nature of your business:

• Small Businesses: While you might not be a producer under the EPR model, you may still be impacted by changes to collection services. Some municipalities may continue to offer collection to smaller businesses, but others may not. Be sure to check your local guidelines. You may also want to explore options such as joining a collective with other small businesses in your area to contract waste management services at a better price. You may still need to find new solutions for your recyclables.
• Large Businesses (Including ICI): If your business falls under the ICI category (Industrial, Commercial, Institutional) and generates a significant amount of waste, you will likely need to arrange for private waste collection services. This requires careful planning and budgeting.
• Retailers: Retailers will need to be aware of their obligations regarding the packaging they handle, even if they are not classified as producers. You may also need to work with your suppliers to ensure they are meeting their producer responsibilities. You may also be affected by the loss of municipal collection. The Retail Council of Canada (RCC) is actively supporting retailers through this transition.
• Producers (Manufacturers, Brand Owners, First Importers): If you are classified as a producer, you will bear the full financial and operational responsibility for collecting and recycling your products and packaging. This includes registering with a Producer Responsibility Organization (PRO), reporting your material data, and meeting performance targets.

6. What are producers' specific responsibilities under the new program?

Producers will be responsible for:

• Joining a Stewardship plan or PRO: Producers must either create and implement their own stewardship plan for managing their materials, or join an already existing approved stewardship plan or a producer responsibility organization (PRO) if available.
• Reporting Data: Producers must register with the Resource Productivity and Recovery Authority (RPRA) and report on the quantities of Blue Box materials they supply.
• Meeting Performance Targets: Producers must meet specific targets for collection and recycling rates.
• Funding the System: Producers will fully fund the collection, sorting, and processing of Blue Box materials.
• Ensuring Collection and Recycling: While PROs will likely manage the logistics, producers are ultimately responsible for ensuring their materials are collected and recycled effectively.

7. What are Producer Responsibility Organizations (PROs) and what do they do?

Producer Responsibility Organizations (PROs) are organizations that help producers meet their obligations under the EPR framework. They act as a collective, managing various aspects of the program on behalf of their members. Services offered by PROs can include:

• Managing collection and recycling logistics
• Engaging with recyclers and processors
• Compiling and submitting regulatory reports
• Providing expertise and guidance on compliance
• Developing and implementing education and awareness campaigns

8. What materials are included under the new Blue Box program?

The new Blue Box program covers a wide range of materials, including:

• Product packaging: This includes items like boxes, bottles, cans, and plastic film. This can be primary packaging, convenience packaging or transport packaging, or an ancillary product that is integrated into the packaging.
• Paper products: This includes newspapers, flyers, office paper, magazines, directories, paper used for writing/copying, and promotional materials.
• Packaging-like products: This category includes items that function like packaging, such as aluminum foil, metal trays, plastic wrap, wrapping paper, paper bags, beverage cups, plastic bags, cardboard box/envelope.

9. What is the timeline for the Blue Box transition?

• August 1, 2021 or 5 days from entering agreement: Initial deadline for producers to register with a PRO.
• October 1, 2021: Initial deadline for producers to register with the RPRA.
• April 30, 2022 (Extended to October 31, 2022): First annual report was due to RPRA.
• July 1, 2023: The first group of municipalities began transitioning to the new model.
• 2024 and 2025: More municipalities will continue to transition throughout these years (approximately one-third each year).
• December 31, 2025: The transition will be complete, and all Ontario communities will be operating under the new producer-led system.
• April 30, 2027: First audit of the previous three years is due.

10. What are the collection requirements and eligible sources/communities?

Producers are required to collect from all eligible sources and communities through common collection systems.

Eligible Sources:

• Residences: Permanent and seasonal single-unit residential dwellings (in an eligible community).
• Facilities:
  • Multi-unit residential buildings (e.g., apartment building, condominium)
  • Long-term care homes (that are non-profit OR included in the WDTA blue box program on Aug. 15, 2019)
  • Retirement homes that meet at least one of these criteria: they are run by a municipality; they are operated as a non-profit organization; or they were already part of the WDTA blue box program as of August 15, 2019.
  • Public and private schools.
• Public Spaces (as of January 1, 2026):
  • Outdoor area in a park, playground, or sidewalk
  • Public transit station or stop under municipal or provincial jurisdiction, including a track-level stop, to which the public is normally provided access

Service Standards for Eligible Public Spaces:

The producer shall divide the population of the eligible community by the number set out below to determine the minimum number of required blue box receptacles:

• 500,000 or more: Divide by 400
• 30,000 or more but less than 500,000: Divide by 600
• 5,000 or more but less than 30,000: Divide by 800
• Less than 5,000: Divide by 1,000 (If the number determined is less than one, at least one blue box receptacle shall be provided in the eligible community)

Eligible Communities: Communities with populations of 5,000 and over, as well as all municipalities, local services board areas, and reserves situated outside the Far North, are eligible.

11. What are the promotion and education requirements?

Producers are required to create and distribute promotional and educational (P&E) content that is:

• In French and English
• Available on a publicly accessible website
• In print and delivered by mail to each eligible source at least once per year

P&E Program Requirements Include:

• A complete list of materials that can and cannot be included in the blue box receptacles
• A description of how receptacles can be replaced or how additional receptacles can be requested
• A description of how the producer will fulfill its collection responsibilities
• Contact info (telephone/email)

During transition (2023-2026), additional P&E requirements include:

• A description of any significant changes from the collection service that was previously provided by a municipality
• A description about how to prepare materials for receptacle (e.g. rinsing)
• A description about how materials should be sorted or bagged

12. Are there supplemental or alternative collection systems?

Yes, besides participating in the common collection system, individual producers have the option to set up:

• Supplemental Collection Systems: In-store take-back, collection events, etc. This would count over and above the performance reached through the common collection system.
• Alternative Collection Systems: Producers can establish alternative collection systems for one or more categories of blue box materials. To be considered valid, any such alternative system must, at a minimum, allow the producer to fulfill their management obligations and be operated year-round/open during normal business hours.

13. Where can I find more information about the Blue Box program?

• Resource Productivity & Recovery Authority (RPRA): https://rpra.ca/
• Circular Materials: https://www.circularmaterials.ca/
• Your Local Municipality: Check your municipality's website for specific guidelines and transition timelines.

14. With the new Blue Box program regulations adding complexity to waste management, how can my business ensure it's both compliant and maximizing its sustainability efforts?

The transition to a full EPR model brings new challenges and opportunities. While municipalities may offer some guidance, navigating the intricacies of the program, optimizing waste diversion, and achieving your sustainability goals often requires specialized expertise. Consider whether your current waste management practices are fully aligned with the new requirements, or if partnering with a waste management expert could provide valuable support in areas like data reporting, program optimization, and achieving greater cost efficiencies through enhanced recycling and waste reduction strategies.

Conclusion

The new Blue Box program represents a significant shift in how waste is managed in Ontario. Understanding your responsibilities, the program's requirements, and staying informed about updates through the resources listed above is crucial for a smooth transition. The next step is to assess your current waste management practices and determine if you need to make adjustments to follow the new regulations and maximize your sustainability efforts. If you're looking to streamline this process and ensure your business is well-prepared for the new Blue Box era, exploring the services of a knowledgeable waste management partner could be a valuable next step.