With much of the focus on per- and polyfluoroalkyl substances (PFAS), management of Excess Soils, and day-to-day traditional environmental compliance issues, it’s easy for the Extended Producer Responsibility (EPR) regulations to fly under the radar.
A recent enforcement action against three battery companies for failing to meet their 2023 minimum management requirements for single-use batteries might put the EPR requirements back on the radar.
The Resource Productivity and Recovery Authority (RPRA) has resolved the Administrative Penalty (AP) Orders for violations of the EPR program. The AP Orders were issued to three battery producers (Duracell Canada Inc., Energizer Canada, and Panasonic Canada) for failing to meet their 2023 minimum management requirements for single-use batteries.
Details follow below.
Background of the Extended Producer Responsibility Requirements in Ontario
Unlike typical environmental regulations, EPR is not focused on impacts to water, soil, or air. EPR regulations address commercial and consumer products and packaging, placing responsibility on producers for managing these materials.
In Ontario, the EPR program is administered by RPRA.
From Waste Advantage, “Producers must now ensure their products are collected and recycled responsibly, and they must contract directly with qualified service providers to meet these obligations. The model is designed to reduce contamination, improve the quality of recovered materials, and encourage the creation of packaging that is easier to recycle.”
Violations of the Batteries Regulation under RPRA led to $1.49 million fine against three battery manufacturers (Photo by John Cameron on Unsplash)
What Materials are Included and What is Required?
Producer Responsibility Regulations fall into the following categories:
- Tires
- Batteries
- Electrical and Electronic Equipment
- Hazardous and Special Products
- Blue Box
According to RPRA, Producers are responsible for:
- Meeting collection, management, promotion, and education outcomes
- Registering and reporting with RPRA as required
Service providers, such as Producer Responsible Organizations (PROs*), haulers, and processors, are responsible for:
- Providing services under contract to producers and others
- Registering and reporting with RPRA as required
*See “How do I find a PRO?
Regulating Batteries Under RPRA
As it relates specifically to batteries, the Batteries Regulation applies to the following types of batteries sold separately in Ontario (i.e., not embedded in products):
- Single-use (primary) batteries weighing 5 kg or less
- Rechargeable batteries weighing 5 kg or less
The following are examples of single-use and rechargeable batteries that fall under the Batteries Regulation:
- Button cells
- AA
- AAA
- C
- D
- 9V
- Lantern batteries
- Sealed lead acid batteries
- Replacement batteries for products (for example, drill, cell phone, laptop) that weigh 5 kg or less
A person is considered a battery producer under the Batteries Regulation if they supply batteries into Ontario and one of the following applies:
- Are the brand holder of the battery and have residency in Canada
- Have residency in Ontario and import batteries from outside of Ontario
- Have residency in Ontario and market directly to consumers in Ontario (e.g., online sales)
- Do not have residency in Ontario and market directly to consumers in Ontario (e.g., online sales)
See the Batteries Regulation under RPRA O.Reg. 30/20.
The Administrative Penalty Against Battery Producers
The Administrative Penalty (AP) Orders were issued on April 28, 2025 (they were appealed), and are posted to RPRA’s website:
On July 21, 2026, the resolution to the appeal was posted.
According to RPRA, all three battery producers appealed their AP Orders to the Ontario Land Tribunal (OLT), which adjudicates orders issued by RPRA. As part of the appeal process, the three battery producers, their producer responsibility organization, Call2Recycle, and RPRA mediated the appeals and subsequently resolved them on the following terms:
Call2Recycle (Third Party), on behalf of the three producers, will pay RPRA $1.49M in administrative penalties, on the following basis:
- Duracell Canada Inc. – $644,201
- Energizer Canada – $631,485
- Panasonic Canada – $214,699
For more information regarding EPR, see the blog post by Gowlings, “Canadian Product Stewardship And EPR: 2026 Summer Update.”
While “traditional” environmental compliance issues will remain of primary importance to the regulated community, EPR requirements cannot be ignored by Producers who generate these products.
If you have questions about environmental compliance issues, contact Christopher Paré, P.Geo., at 519-948-7300, Ext 114.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo., reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 35 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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