The Government of Ontario Consults on Proposed Administrative Penalties Regulation under RRCEA

The Government of Ontario is consulting on its proposed Administrative Penalties Regulation under the Resource Recovery and Circular Economy Act, 2016 (RRCEA). To view the draft regulation, visit the Environmental Registry of Ontario.

Under the RRCEA, the Resource Productivity and Recovery Authority (the Authority) is responsible for compliance and enforcement of the RRCEA and its associated regulations, including oversight of the producer responsibility framework. The proposed Administrative Penalties Regulation will support and strengthen the Authority’s enforcement tools to allow them to issue monetary penalties to entities that do not comply with the law.

The proposed regulation would help ensure that producers, manufacturers and importers of tires, batteries, electrical and electronic equipment, blue box materials and hazardous and special products comply with requirements for the collection and end-of-life management of the materials they supply in Ontario.

The proposed Administrative Penalties Regulation establishes the following:

• A procedure for The Authority to issue an order to regulated entities to pay an administrative penalty for non-compliance with specified provisions of the following regulations:
  • Resource Recovery and Circular Economy Act, 2016 (RRCEA)
  • Tires Regulation ( Reg. 225/18)
  • Batteries Regulation ( Reg. 30/20)
  • Electrical and Electronic Equipment (EEE) Regulation ( Reg. 522/20)
  • Blue Box Regulation ( Reg. 391/21)
  • Hazardous and Special Products (HSP) Regulation ( Reg. 449/21)
• A method for determining the amount of the administrative penalty

To ensure transparency and accountability, all administrative penalties will be posted on the Authority’s public website. In addition, the Authority is required to report annually to the Minister and the public on the use of revenue from administrative penalties.

The government is seeking feedback on the proposed regulation from September 17, 2021 to November 1, 2021. To provide feedback, visit the Environmental Registry of Ontario.

In addition, the ministry will be holding a webinar session on October 6, 2021 to consult on the proposed Administrative Penalties Regulation. Please confirm your participation by emailing [email protected]. The Ministry will provide further meeting details for those who confirm their participation.

Source: RPRA