Law360 Canada (May 1, 2026, 10:06 AM EDT) --
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| Kristi Ross |
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| Lauren Wortsman |
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| Aaron Hirshberg |
On April 2, Ontario’s Ministry of the Environment, Conservation and Parks released proposed amendments to various producer responsibility regulations under the
Resource Recovery and Circular Economy Act, 2016. Comments on the proposed amendments can be submitted via the
Environmental Registry of Ontario until May 2.
The proposed amendments are intended to enhance the extended producer responsibility (EPR) framework set out in the Act. The EPR regime makes producers accountable for their products and packaging and sets mandatory and enforceable requirements for resource recovery. The ministry’s proposal seeks to amend the following regulations under the Act:
- O. Reg. 225/18: Tires (Tires Regulation);
- O. Reg. 449/21: Hazardous and Special Products (HSP Regulation); and
- O. Reg. 558/22: Administrative Penalties.
jankujanku: ISTOCKPHOTO.COM
In addition to the proposed amendments, the
ministry is seeking feedback on several new rules that would apply across all EPR regulations under the Act, such as whether the regulations should permit shared collection sites and the trading of excess performance (i.e., credits).
These proposed amendments and rules are summarized below.
Proposed amendments to the Tires Regulation
Proposed amendments to the Tires Regulation include:
1. expanding the tire collection requirement; and
2. expanding the tire management requirement.
Expansion of the Tire Collection Requirement
Under the current Tires Regulation, producers are required to establish a collection network for tires. To address collection backlogs at tire collection sites that are not part of a collection network established by a producer responsibility organization (PRO), the ministry proposes expanding collection requirements.
If enacted, the proposed amendments will:
- require PROs to collect tires from any tire collection site that has accumulated at least 50 tires and requests a pickup, regardless of whether the site forms part of the PRO’s collection network;
- impose collection timelines, requiring PROs to collect tires within one month during peak months (October-December and April-May) and within two months during non‑peak months; and
- authorize the Resource Productivity and Recovery Authority (RPRA) to allocate responsibility to collect tires from sites outside a PRO’s network based on each PRO’s market share, unless the PROs collectively develop an allocation system.
The ministry is seeking feedback regarding alternate approaches for collection allocation, the 50-tire threshold and the requisite service standards.
New management requirement for tires
The Tires Regulation currently requires that tires be processed by March 31 of the calendar year following collection in order to count toward a producer’s management targets. For tires that do not count toward those targets, the regulation does not prescribe a specific timeline.
With the aim of ensuring that collected tires are recycled and not stockpiled or sent directly to landfill, the ministry proposes requiring that all collected tires (whether counted towards a management target or not) be managed within three months of pickup from any site. This requirement would apply to tires collected both through a PRO’s collection network and in response to pickup requests from sites outside the PRO’s network.
The ministry is seeking feedback regarding the three-month time frame and whether a portion of collected tires could be sent to energy-from-waste facilities.
Proposed amendments to the HSP Regulation
Proposed amendments to the HSP Regulation include:
1. Delaying the implementation date for compliance with recycling efficiency rates (RERs) for certain hazardous and special products (HSPs); and
2. Clarifying HSP collection site requirements.
Delayed requirement for meeting RERs for certain HSPs
Under the HSP Regulation, producers of HSPs will be required to meet prescribed RERs for certain HSP materials. These requirements are currently scheduled to come into force in 2027.
In response to feedback from producers about the need to develop alternative management solutions for recycling oil and antifreeze containers, the ministry is proposing to delay the implementation of the RER requirements for such containers until 2028. However, the RER for paints, coatings and solvents will remain unchanged and will come into effect in 2027. This change is being proposed to give producers and PROs an additional year to achieve compliance but does not fundamentally change the overall objective of the regulation.
The ministry is seeking feedback on the short-term constraints on processing antifreeze and oil containers, whether the RER delay should apply to antifreeze itself (rather than just the container) and whether to revise the RER for mercury-containing products to ensure the regulation is setting achievable requirements.
Clarification of collection site requirements
The HSP Regulation currently requires a minimum of one collection site in every local municipality with a retail location. The ministry is proposing an administrative change to clarify that the requirement to maintain a minimum of one collection site in a “base” municipality applies only for offsetting within the same upper‑tier municipality and does not extend to adjacent municipalities.
Proposed amendment to the Administrative Penalties Regulation
The ministry is proposing to amend the Administrative Penalties Regulation to remove the cap for administrative penalties (APs).
Removal of administrative penalties cap
The Administrative Penalties Regulation currently imposes a $1-million cap on APs for both non‑continuing and continuing contraventions.
With the aim of encouraging producers and PROs to implement system improvements and discourage non-compliance, the ministry is proposing to remove the cap on the maximum AP amount that can be issued for continuing and non-continuing contraventions. This amendment will allow the RPRA to issue AP orders that capture the full value of economic benefit derived from non‑compliance and could result in much more costly APs. This revised approach would apply across the Tires, HSP, Batteries, Electrical and Electronic Equipment and Blue Box Regulations
.
The ministry is seeking feedback about alternative recommendations for encouraging compliance with the EPR regime.
Proposed changes to EPR rules
In addition to the proposed amendments to regulations under the Act, the ministry is seeking feedback on the following rules that would apply across all EPR regulations:
1. Sharing collection sites and trading performance credits: The Tires, HSP, Batteries and Electrical and Electronic Equipment Regulations allow producers to share collection sites for the purposes of meeting collection system requirements. With respect to management requirements, the RPRA allows producers to purchase excess performance (i.e., credits). The ministry is seeking feedback on whether Ontario’s EPR should include new rules related to PROs sharing collection sites and trading excess performance to meet targets.
2. Increasing Ontario-based processing of tires: There are currently no restrictions on the location of where tire processing can be carried out. To increase Ontario-based processing, the ministry is seeking feedback on: (i) requiring a certain percentage of a producer’s management target to be met with tires processed at Ontario-based facilities; (ii) providing an incentive to count tires processed in Ontario at a higher value than material processed outside Ontario; and (iii) applying a reduced credit for tire weight processed outside Ontario.
These proposed changes signal continued evolution of Ontario’s EPR framework and may have broad operational and compliance implications for producers and PROs across affected product categories.
Kristi Ross is a partner at Aird & Berlis LLP and co-leader of the firm’s environmental group, which will continue to monitor regulatory changes under the Act.
Lauren Wortsman is an associate with the firm.
Aaron Hirshberg is an articling student.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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