Assisting Producers
Options for Meeting Your Regulatory Requirements
Ontario’s regulatory framework for recycling provides producers with a choice: to either manage their obligations themselves or join a PRO.
The HSP Regulation defines a PRO as follows:
A person retained by a producer for the purpose of carrying out one or more of the following producer responsibilities relating to HSP:
- Arranging for the establishment or operation of a collection or management system.
- Establishing or operating a collection of management system.
- Arranging for the disposal of HSP.
- Preparing and submitting reports.
AMS has a proven track record of success dating back to 2017. We welcome all obligated producers to speak with us to learn more about how we can satisfy your regulatory obligations.
AMS Services
The HSP Regulation includes a number of specific obligations for producers. Our goal is to carry out activities to meet these obligations on behalf of producers, ensuring that all regulatory targets are met and that our customers are in compliance.
AMS offers producers strong service and support for their ongoing reporting requirements, including:
- Proven and secure online reporting portal
- Services team assistance for reporting guidance
The table below summarizes producer regulatory requirements and how AMS supports our customers.
- The first column indicates the services that AMS manages on your behalf.
- The second column indicates areas in which AMS supports its customers, as there are some obligations that each producer must carry out directly.
| Producer's New Regulatory Requirements | AMS | You (the Customer) |
|---|---|---|
| Establish free collection network for consumers across Ontario capable of meeting the collection site and minimum management requirements for Automotive HSP as specified in Parts IV and VI of the Regulation. |  |
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| Collect, manage, and ensure recycling & proper disposal of Automotive HSP from registered collection sites and call-in collection locations, as applicable, as required under Part IV of the regulation. | |
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| Provide promotion and education materials as required under Part VII (but not Section 37) of the Regulation | * |
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| Provide information related to resource recovery fees (i.e. visible fees) charged in connection to the sale of HSP to consumers in accordance with Section 37 of the Regulation. | * |
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| Maintain registration as a Producer with the Authority in accordance with Sections 38 and 39 of the Regulation including, where applicable, monitoring of exemption thresholds. | * |
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| Maintain registration as a PRO with the Authority in accordance with Section 41 of the Regulation. | |
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| File Customer Reports to AMS, and other information as may be reasonably required, and pay all fees invoiced, in accordance with this Agreement. | |
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| Submit Interim Producer Reports and ongoing Annual Producer and PRO Reports to the Authority in accordance with Part IX of the Regulation. | |
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| Support preparation of Producer reports to the Authority by aggregating quarterly Customer Reports as required | |
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| Submit First Supply Report to the Authority in accordance with Part IX of the Regulation | |
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| Submit to the Authority the weight of Automotive HSP supplied to consumer in Ontario pursuant to subsection 46. (4) 1 of the Regulation. | |
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| Submit to the Authority the Annual Report pursuant to section 46 of the Regulation but excluding subsection 46. (4).1. | |
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| Maintain records related to establishing and operating a collection and management system, implementing a promotion and education program and agreements related thereto, as required in Section 54 of the Regulation. | |
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| Maintain records related to the weight or each type of HSP within each applicable category of HSP supplied to consumers in Ontario, are required in Section 54 of the Regulation. | |
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| Facilitate unique obligations of Voluntary Organizations, where applicable. | |
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| Identify B2B relationships for Voluntary Reporters Agreement, execute agreement, and submit to AMS, where applicable. | |
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| Co-sign Voluntary Reporters Agreement and manage system requirements, where applicable. | |
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| Undertake an audit of the practices and procedures implemented in order to comply with Part VI in respect of each type of Automotive HSP as required in Section 57 of the Regulation. | |
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| Undertake verification of Automotive HSP supply data in accordance with the Hazardous and Special Products Verification and Audit Procedure published by the Authority. | |
*P&E related to visible fees remains solely with producers. AMS can provide guidance and assistance on request.
Who is a Producer?
The information below is intended to provide general guidance to producers, as under the regulatory framework RPRA determines, through its registration process, whether a producer is obligated under the HSP Regulation.
The main considerations for determining producer obligation are:
- Is your company a Brand Holder, Importer or Marketer of HSP products in Ontario?
- Does your company have residency in Canada, Ontario or elsewhere?
Producers may be exempt if they supply quantities below de minimis thresholds and may also have slightly different obligations if they are small or large producers.
Obligation Hierarchy
Regulation
4. (1) For the purposes of the definition of “producer” […],
(a) with respect to a type of HSP […] marketed to consumers in Ontario, the producer of the HSP is,
(i) subject to subsections (2) and (3), if the brand holder of the HSP is resident in Canada, the brand holder,
(ii) if there is no person described in subclause (i) and the HSP is imported into Ontario by a person resident in Ontario, the importer,
(iii) if there is no person described in subclause (i) or (ii) and the HSP is marketed by a person resident in Ontario, the first person who marketed the HSP, or
(iv) if there is no person described in subclause (i), (ii) or (iii) and the HSP is marketed by a person not resident in Ontario, the person who marketed the HSP.
The graphic below is for general guidance to assist understanding of the obligations outlined in the HSP Regulation. Any specific questions should be directed to RPRA, which confirms each producer’s obligation status.
Residency
One of the changes introduced with the HSP Regulation is that the definition of a brand holder now extends to residents of Canada (rather than Ontario in the previous regulation).
The HSP Regulation defines residency as follows:
“resident in Canada” means a person having a permanent establishment in Canada;
“resident in Ontario” means a person having a permanent establishment in Ontario;
In addition:
“permanent establishment”
(a) Has the meaning assigned by subsection 400 (2) of the Income Tax Regulations (Canada) in the case of a corporation.
Exemptions
The HSP Regulation states that producers are exempt from management and regulatory responsibilities if the producer's average weight of supplied quantities in the previous calendar year is below the thresholds listed in the table. Exemptions are for an entire calendar year and are specific to each material category.
This table excerpts information from Sections 6 and 11 of the HSP Regulation. Please contact RPRA for confirmation of your status.
| AMS PRO Materials | Exemptions/De Minimis (tonnes) | Small producers' average weight of supply (tonnes) | Large producers' average weight of supply (tonnes) |
|---|---|---|---|
| Antifreeze (Fluid and Containers) | 20 or less | Greater than 20 - Less than 300 | 300 or more |
| Oil Containers | 2 or less | Greater than 2 - Less than 55 | 55 or more |
| Oil Filters | 3.5 or less | Greater than 3.5 - Less than 100 | 100 or more |
Small and Large Producers
Under the new regulatory framework, all producers are categorized by size based on the amount of each material reported in each annual data period. The table above shows the thresholds for large and small producers as documented in the HSP regulation.
AMS has created a collection site network that will fulfill the more stringent requirements outlined for large producers – this means all customers can join our PRO knowing that the obligations outlined in the Regulation will be met.
Volunteer Organizations
Volunteer Organizations (VO) are a new concept under the HSP Regulation that permit a brand holder not resident in Canada to assume the responsibilities for all their branded products supplied into Ontario (i.e. must meet all the requirements outlined in the HSP Regulation to operate a collection and management system). This relieves all Ontario importers of the regulatory responsibilities for those specific brands.
We recommend you contact RPRA to ensure you are eligible to assume the role of a Volunteer Organization. Once eligibility is confirmed with RPRA, we can assist you in joining AMS.
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A Volunteer Organization is different from a Voluntary Reporter
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Voluntary Reporters
The Voluntary Reporter Agreement (VRA) is a special administrative arrangement for AMS producers.
The VRA allows one party (Producer A) to report on behalf of another party (Producer B) for some or all its AMS materials.
Producer A is typically a customer of Producer B and supplies or distributes Producer B’s brands. Producer A has more visibility on how much product is supplied and therefore assists Producer B with its reporting.
- Producer B remains the obligated producer and is responsible for all regulatory requirements and is subject to RPRA audit as permitted under the HSP Regulation.
- It is also responsible for payment of fees to AMS.
This tri-party agreement is available on request.