The current Ontario Municipal Hazardous or Special Waste (MHSW) Program (2008) is scheduled to come to an end. Replacing it (July 1, 2021) will be the Hazardous and Special Products regulation (under the Resource Recovery and Circular Economy Act, 2016 [RRCEA]).
Products Affected by the Regulation
According to the Environmental Registry of Ontario, “We have finalized the Hazardous and Special Products (HSP) regulation that will make producers of hazardous and special products, including paints, pesticides, solvents, oil filters, oil containers, antifreeze, pressurized containers, mercury-containing devices and fertilizers, responsible for collecting, managing and/or promoting the recycling or proper disposal of these products” (emphasis added).
The regulation means that producers of the regulated products are responsible for the products from cradle to grave.
Category C of the HSP regulation includes barometers, thermometers, and thermostats that contain mercury (Image by Hebi B. from Pixabay).
Important Dates
As conveyed in the Environmental Registry, “The Hazardous and Special Products regulation comes into force on July 1, 2021. Producers will have time to enter into agreements with service providers prior to most obligations under the regulation having effect starting on October 1, 2021. This will help ensure a seamless transition from the Municipal Hazardous or Special Waste (MHSW) program, which is scheduled to end on September 30, 2021” (emphasis added).
The HSP Regulation will divide and manage HSPs into four categories and impose differing levels of obligations and requirements per category. The categories are provided below.
- Category A: non-refillable pressurized containers and oil filters;
- Category B: antifreeze, paints and coatings, pesticides, solvents, oil containers, and refillable pressurized containers;
- Category C: barometers, thermometers, and thermostats that contain mercury; and
- Category D: fertilizers (excluding fertilizer used for commercial or agricultural propose, or supplied in large containers).
The regulation requires producers of HSPs to provide several supporting services including establishing a free collection network for consumers across the province including northern communities and remote First Nation communities. As well, they are to provide promotional and educational material for consumers.
Dissenting View Point
Not everyone is enthusiastic about the regulatory changes. From the Canadian Painting and Coating Association (CPCA): “This (regulation) will have implications for the paint recycling program in the province, which has been a huge success to date collecting more than 53,800 tonnes under Product Care over the past five years, ending 2020.”
Among comments by the CPCA are:
- Updated definitions for paint could mean more materials might be obligated in the future.
- New accessibility requirements could mean more collection sites and events at “substantial cost” with little or no environmental benefit.
- The new regulation ignores that most consumers use up all the paint they purchase.
As with most regulations, the devil is in the details. For a summary, see Proposed producer responsibility regulation for Hazardous and Special Products (HSP) and to read the entire (164 pages) regulation see O.Reg. 449/21.
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