Update – ON: Final Recycling Regulation on hazardous products has significant impact on the propane industry – CPA continues to fight
On June 8, 2021, the Ministry of the Environment, Conservation and Parks filed the final Hazardous and Special Products (HSP) regulation (O. Reg.449/21), under the Resource Recovery and Circular Economy Act.
The difference between this final regulation and the proposed regulation posted in February 2021 is significant for CPA members. The regulation tabled in June 2021 establishes a new Category E, which consists only of refillable propane cylinders, and no longer exempts them.
This is totally in contradiction with the draft regulation tabled last February which proposed an exemption for “propane marketed in refillable pressurized propane containers from collection, management or Promotion & Education (P&E) requirements in recognition of their long lifespan (refilled and reused for many years) and existing closed-loop collection system for these products.”
While the ministry had acknowledged the viable business case the CPA presented for exempting refillable propane cylinders in the draft regulation, in the final regulation, the ministry cited a small number that “may not be captured within existing closed loop systems (e.g., damaged, or when residents move)” as the rationale for including them in the final regulatory regime.
Immediately after the regulation was posted in June, CPA President & CEO, Nathalie St-Pierre and Board of Directors Past Chair, Dan Kelly, sent a letter to the Minister of the Environment, Conservation and Parks, Jeff Yurek, requesting an urgent meeting to discuss revision to the regulation as it stands with respect to refillable propane cylinders.
In their communication, St-Pierre and Kelly proposed that: “Given the lack of consultation, the parts of the regulation that pertain to propane cylinders and tanks (Category E) cannot be enacted without further discussions.
We request that section 59 of the regulation be changed immediately to indicate:
59. This Regulation comes into force on the later of July 1, 2021 and the day it is filed with the exception of all subsections and sub-subsections applicable to Category E."
The CPA also indicated it would be prepared to sign a Memorandum of Understanding (MoU) with the ministry to specify terms and expectations to collect and pay for end-of-life management of these containers on a call in, on demand basis if any are collected at municipal depots, territorial districts, Crown sites and by First Nations communities.
The CPA followed-up with the minister’s office to schedule a meeting. However, to complicate the issue further, Ontario Premier Doug Ford appointed David Piccini as new minister of Environment on June 18. The CPA immediately contacted the minister to provide information on the issue and to request a meeting.
As it stands, the HSP regulation comes into effect on July 1, 2021, with requirements phased in over time and producer obligations becoming effective on October 1, 2021.
Producers or first importers of refillable propane containers will be required to:
- Register with Resource Productivity and Recovery Authority (RPRA) – pay a proposed $7500 fee and provide contact information.
- Identify a Producer Responsibility Organization (PRO) who will respond to Call-In from landfills in order to respond to collect any stray cylinders that have been collected by municipalities.
- Collect all hazardous and special products within three months of notification in the south, and one year in the far north of the province.
- Haulers, processors and disposal facilities must also register (without fees) with RPRA and report on all of the prescribed information including weights, disposal modes, etc., of any cylinders they may collect from the municipalities.
Key dates are:
- Processors and haulers of hazardous and special products, as well as HSP disposal facilities, are required to register with the RPRA by July 31, 2021.
- Producers of hazardous and special products are required to register with the RPRA by October 31, 2021.
- Call in collection requirements, where applicable, apply starting on October 1, 2021.
The CPA is actively engaged to have this new category suspended before the regulation comes into force. The CPA contacted the Deputy Registrar of the Resource Productivity and Recovery Authority to inquire about the amount and status of the fees the Authority is contemplating with respect to regulatory compliance.
A meeting with the RPRA took place on June 24, 2021. Consultation on RPRA proposed fees will take place July 7 and 8. To register, click on one of the links below:
Additional information is posted on the Environmental Registry of Ontario, registry number 019-2836.
Members will be informed of any new information on this file as it is received.