Frequently Asked Questions

Question C in Section 5 GAP asks for tonnes distributed for reuse through facilities operated directly by municipality. Full credit is given for reported tonnes in this question.

Additionally, the Datacall asks for tonnes distributed for reuse through facilities to which municipality provides no-charge disposal of residual waste. 10% of any tonnage reported in this field will be counted toward diversion.

Yes, the entire weight of reused tires can be counted towards a producer’s management target.

See our FAQ: What does ‘reuse’ mean under the Tires Regulation?

Any donated or re-supplied paper products or other Blue Box materials that are supplied to consumers through a reuse store or upcycling event should not be included in your supply report.

The regulation requires notices to be filed for three types of activities:

1. Notice filings for excess soil from Project Areas that can be made by a Project Leader or Authorized Person and may require retaining a Qualified Person. These notices will be required starting January 1^st, 2022, before soil that will become excess soil is removed from the Project Area. There will be two fillings for each notice:

1. An initial filing before the soil is removed, which will require the following information to be provided:

• • a description of the project and Project Area including the location of each property within the project area
  • the contact information of the Project Leader, Operator or Authorized Person and the person responsible for transportation, and if applicable, the qualified person
  • an estimated amount of the soil that will be generated broken down by quality standard
  • a list of substances/materials that were added to the soil
  • the location of temporary or final sites that the soil will be transported to
  • details of the Reuse Site(s) where the soil will be moved to
  • information on any peer review or certification processes if applicable
  • and a declaration by the Project Leader.

Exceptions

The Project Leader, Operator or Authorized Person may file a notice after soil that will become excess soil has been removed from the project area if:

• conducting the required sampling and analysis at the project area is impractical
• the soil is removed from the project area and delivered to a temporary site to conduct the required sampling, and
• the Project Leader, Operator or Authorized Person makes sure the required sampling is conducted as soon as the soil is delivered to the temporary site

If soil is removed before a notice is filed in the Registry, the Project Leader, Operator, or Authorized Person is required to ensure that the notice is filed in the Registry before the soil that has become excess soil is transported from the temporary site to the final site.

More information about when this type of notice filing is not required can be found under Schedule 2 of the regulation.

The Project Leader or Authorized Person is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

2. A final notice within 30 days after excess soil has been removed from the Project Area or temporary site which will require the following information:

• the amount of excess soil removed from the Project Area that was deposited at: a class 1 soil management site, a class 2 soil management site, a reuse site, a local waste transfer facility, and a landfilling site or dump
• the date on which the last load of excess soil was removed from the project area or temporary site
• a declaration by the Project Leader

2. Notice filings for Residential Development Soil Depots can be made by an Owner, Operator, or Authorized Person. This notice will be required before excess soil is deposited on a residential development soil depot site if the depot commences operation on or after January 1, 2022, or if the depot was already in operation when the requirement to file a notice comes into effect, the notice should be filed ahead of January 1, 2022.

The Owner or Operator of the Residential Development Soil Depot must ensure that the quality of the excess soil accepted and managed at the depot meets the applicable Excess Soil Quality Standards set out in the regulation. There will be two filings for each notice:

1. An initial filing before the soil is received, which will require the following information to be provided:
   • the site location
   • the contact information of the Site Owner and Operator
   • the project commencement date
   • the estimated amount of soil (including inventory on-site)
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final filling within 90 days of the depot closing indicating the date when the depot ceased operations, and a declaration by the Site Owner or Operator.

3. Notice filings for Reuse Sites can be made by a Site Owner, Operator, or an Authorized Person. These will be required starting January 1^st, 2022, and apply to a Reuse Site that expects at least 10,000 m3 of excess soil to be deposited after January 1^st, 2022 (including Reuse Sites that were in operation before that date). There will be two filings for each notice:

1. An initial filing before the excess soil is deposited, which will require the following information to be provided:
   • the site location/property type
   • the contact information of the Site Owner and Operator
   • a description of the undertaking
   • the applicable excess soil quality standards for the site
   • the estimated amount of soil by quality standard
   • the estimated dates when the first and last soil load will be deposited
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final notice filing within 30 days after the final load of excess soil has been deposited at the Reuse Site which will require the following information:
   • confirmation that all excess soil that will be reused for a beneficial purpose has been deposited at the reuse site
   • the total amount of excess soil that was deposited
   • the date the final load of excess soil was deposited
   • and a declaration by the owner or operator.

The Site Owner or Operator is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

Exemptions:

Reuse Sites that are part of infrastructure projects are not required to file notices.

As required under the regulation, Project Leaders, Owners and Site Operators are required to use the Excess Soil Registry to file notices for certain Project Areas, Reuse Sites, and Residential Development Soil Depot sites where Excess Soil is generated, transported, temporarily placed, and deposited.

Project Leaders, Owners and Site Operators can also assign an Authorized Person to file a notice and pay fees in the Registry on their behalf.

Role definitions

Project Leader

In O. Reg. 406/19, the Project Leader means, in respect of a project, the person or persons who are ultimately responsible for making decisions relating to the planning and implementation of the project.

The Project Leader is responsible for ensuring that a Project Area Notice is filed if required. They must always complete and sign the required declarations that are a component of the notice being filed and pay Registry fees.

Owner

A person who owns the land, with an interest upon whose credit, behalf, privity or direct benefit an improvement is made to the premises.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Operator

A person who has the charge, management, or control of a site. An Operator may be an owner of a property, lease a property or be contracted to operate a Project Area Site, Reuse Site or Residential Development Soil Depot.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Authorized Person

A person who is authorized by the Project Leader, Owner, or Operator of a site, to complete a notice filing and pay fees on their behalf.

The Authorized Person can initiate a notice in the Registry if permitted to by the Project Leader, Owner, or Operator of a site, and can complete all required notice information and pay applicable fees on their behalf.

Qualified person (QP)

QPs under the regulation have the same meaning as section 5 and 6 of Ontario Regulation 153/04 (O. Reg. 153/04).

Section 5 of O. Reg. 153/04 defines a Qualified Person as professional engineers and geoscientists – these are the persons who may oversee or conduct environmental site assessments or complete certifications in a Record of Site Condition. Section 6 of O. Reg. 153/04 sets out the requirements for Qualified Persons who conduct or oversee a risk assessment.

A QP may be designated as an Authorized Person by the Project Leader or by an Owner/Operator to file a notice to the Excess Soil Registry on their behalf.

In December 2022, the Government of Ontario finalized amendments to O. Reg. 406/19: On-Site and Excess Soil Regulation (Excess Soil Regulation) and the Rules for Soil Management and Excess Soil Quality Standards (Soil Rules), which came into effect January 1, 2023.

If a project triggers the filing requirements under the Excess Soil Regulation, the process for filing notices has not changed.
However, the amended regulation may affect the types of projects for which a notice is required to be filed through the Excess Soil Registry.

The two key amendments made to the regulation mean:

• Reuse planning requirements are not triggered for projects defined as “low-risk project areas”, being a property at which the current or last property use was agricultural or other, residential, parkland or institutional (as defined under O. Reg. 153/04), that would otherwise have been triggered to complete reuse planning requirements as a result of being located within an area of settlement and removing at least 2,000m3 of excess soil. Other triggers for reuse planning may still apply.
• The limit on the maximum size of soil storage piles (previously 2,500 m3) has been removed. Other soil storage rules would continue to apply, including the requirement to prevent any adverse effects.

If you have questions about the Excess Soil Regulation or the amendments, contact the ministry at MECP.LandPolicy@ontario.ca.

See our FAQ to see “Who needs to file notices?”

Fees are charged upon completion of the initial notice filing, whether it’s a Project Area Notice, Reuse Site Notice, or Residential Development Soil Depot Notice. For Project Area and Reuse Area Notices, there may be a fee charged at the final filing (close-out), depending on whether the volume of soil generated or accepted has increased from what was reported in the initial notice filing.

Fees associated with project area notices are calculated at a variable rate based on the volume of soil being moved. Flat fees will be applied to Project Area Notices for soil volumes below and above certain thresholds.

Fees associated with Reuse Site Notices are tiered, with increasing flat fees applied according to the volume of soil being accepted at the reuse site.

There is one flat fee associated with Residential Soil Depot Notices.

Fees will be consulted upon annually as required by the RRCEA.

The Excess Soil Registry is a record of Excess Soil generation and movement established and maintained by the Authority to:

• enable regulated persons to comply with registration and notice filing requirements outlined in the regulation;
• enable the ministry access to notice filings and associated data; and
• enable public access to the information contained in notice filings.

Project Leaders, Reuse Site Owners or Operators, and Residential Development Soil Depot Operators, as defined in the Excess Soil Regulation, are required to ensure notices are filed to the Excess Soil Registry for certain Project Areas (where Excess Soil is generated), Reuse Sites (where Excess Soil is deposited), and Residential Development Soil Depot sites (where Excess Soil is temporarily placed).

• A lighting hauler is a person that arranges the transport of lighting used in Ontario that are destined for processing, reuse, refurbishing or disposal.
• A lighting refurbisher is a person that prepares or refurbishes lighting used in Ontario for the purpose of reuse.
• A lighting processor is a person that processes lighting used in Ontario for the purpose of resource recovery.

• An ITT/AV hauler is a person that arranges the transport of ITT/AV used in Ontario that are destined for processing, reuse, refurbishing or disposal.
• An ITT/AV refurbisher is a person that prepares or refurbishes ITT/AV used in Ontario for the purpose of reuse.
• An ITT/AV processor is a person that processes ITT/AV used in Ontario for the purpose of resource recovery.

On April 21, 2022, the Ontario Government announced a temporary suspension of the registration and reporting requirements under the Excess Soil Regulation. The requirements were suspended until January 1, 2023. The Excess Soil Registry remained open for users during the pause.

As of January 1, construction and development Project Leaders and Operators/Owners of soil Reuse Sites and Residential Development Soil Depot sites are required to register and file notices about how they reuse and dispose of excess soil in Ontario through RPRA’s Excess Soil Registry.

There is no requirement for a municipality to establish a tire collection site. Furthermore, municipalities that collect used tires are exempt from the requirement to register with RPRA as a collector or submit reports.

Although municipalities are not required to register as collectors, used tires from these sites can be used by producers to meet their collection requirements, provided they are picked up by a registered hauler and delivered to a registered processor or retreader.

To ensure tires continue to be picked up, municipalities will need to make sure those sites are included in the collection systems established by tire producers or Producer Responsibility Organizations (PROs). Since most producers will work with PROs to establish their collection systems, municipalities should contact a registered PRO. Visit our webpage about PROs  for more information.

If you operate collection sites after December 31, 2018 the sites must accept, at a minimum:

• Passenger and light truck tires
• Up to 10 passenger and light truck tires per day from any person
• Tires on rims.
• The site must also be operated and accept tires during normal business hours (i.e., during the hours your site is open to residents).

If you choose not to operate a tire collection site, you can redirect residents to a registered collection site. A full list of registered collection sites is available on RPRA’s website.

Note that a municipality that hauls tires is required to register as a hauler. Should a municipality take the tires to a registered collection site, this does not mean they become a hauler. A hauler must be taking tires to a site for processing, reuse, retreading or disposal.

You are a tire hauler if you arrange for the transport of tires used in Ontario to a site for processing, reuse, retreading or disposal.

A producer responsibility organization (PRO) is a business established to contract with producers to provide collection, management, and administrative services to help producers meet their regulatory obligations under the Regulation, including:

• Arranging the establishment or operation of collection and management systems (hauling, recycling, reuse, or refurbishment services)
• Establishing or operating a collection or management system
• Preparing and submitting reports

PROs operate in a competitive market and producers can choose the PRO (or PROs) they want to work with. The terms and conditions of each contract with a PRO may vary.

Under the Blue Box Regulation, blue box product packaging includes:

• Primary packaging is for the containment, protection, handling, delivery and presentation of a product at the point of sale, including all packaging components, but does not include convenience packaging or transport packaging (e.g., film and cardboard used to package a 24-pack of water bottles and the label on the water bottle).
• Transportation packaging which is provided in addition to primary packaging to facilitate the handling or transportation of one or more products such as a pallet, bale wrap or box, but does not include a shipping container designed for transporting things by road, ship, rail or air.
• Convenience packaging includes service packaging and is used in addition to primary packaging to facilitate end users’ handling or transportation of one or more products. It also includes packaging that is supplied at the point of sale by food-service or other service providers to facilitate the delivery of goods and includes items such as bags and boxes that are supplied to end users at check out, whether or not there is a separate fee for these items.
• Service accessories are products supplied with a food or beverage product and facilitate the consumption of that food or beverage product and are ordinarily disposed of after a single use, whether or not they could be reused (e.g., a straw, cutlery or plate).
• Ancillary elements are integrated into packaging (directly hung or attached to packaging) and are intended to be consumed or disposed of with the primary packaging. Ancillary elements help the consumer use the product. Examples of ancillary packaging include a mascara brush forming part of a container closure, a toy on the top of candy acting as part of the closure, devices for measuring dosage that form part of a detergent container cap, or the pouring spout on a juice or milk carton.

Under the Blue Box Regulation, a packaging-like product is:

• ordinarily used for the containment, protection, handling, delivery, presentation or transportation of things
• ordinarily disposed of after a single use
• not used as packaging when it is supplied to the consumer

Packaging-like products include aluminum foil, a metal tray, plastic film, plastic wrap, wrapping paper, a paper bag, beverage cup, plastic bag, cardboard box or envelope, but does not include a product made from flexible plastic that is ordinarily used for the containment, protection, or handling of food, such as cling wrap, sandwich bags, or freezer bags.

If a producer is unsure whether or not their product is a packaging-like product, they can ask themselves the following questions to help determine whether the product is obligated to be reported under the Blue Box Regulation:

1. Is the product actually packaging around a separate product?
   • If yes, the product is not a packaging-like product. Instead, the product is considered blue box packaging and must be reported as blue box material.  If no, continue to the next question.
2. Is the product used for the containment, protection, handling, delivery, presentation or transportation of a thing(s)?
   • If no, the product is not a packaging-like product. If yes, continue to the next question.
3. Is the product typically disposed of after a single use (regardless if some may wash and reuse it)?
   • If no, the product is not a packaging-like product. If yes, continue to the next question.
4. Is the product made from flexible plastic that is for the containment, protection or handling of food?
   • If yes, the product is not a packaging-like product. If no, the product is a packaging-like product and must be reported as blue box material.

If a producer is still unsure whether or not their product is a packaging-like product, they should contact the Compliance and Registry Team at 833-600-0530 or registry@rpra.ca.

A hauler is a person who arranges for the transport of HSP that are used by consumers in Ontario and are destined for processing, reuse, refurbishing or disposal, but does not include a person who arranges for the transport of HSP initially generated by that person

Excess Soil is soil that has been dug up, typically during construction and excavation activities. It must be moved off-site because it can’t or won’t be reused at the development site.

In December 2019, the Ministry of the Environment, Conservation and Parks (the ministry) released a regulation under the Environmental Protection Act, titled “On-Site and Excess Soil Management” (the regulation) to support improved management of Excess Soil.

This regulation supports proper management of Excess Soils, ensuring valuable resources don’t go to waste and to provide clear rules on managing and reusing Excess Soil. Risk-based standards referenced by this regulation help to facilitate local beneficial reuse promote reduction of greenhouse gas emissions from soil transportation, while ensuring strong protection of human health and the environment. The risk-based standards can be found in the document adopted by reference under this regulation, Rules for Soil Management and Excess Soil Quality Standards.

Yes. The total MHSW tonnage collected may be reported in Section 5 GAP, question K.

The percentage of recycled and reused may be reported in question M.

The new HWP Registry has been built to allow draft manifests to be easily created in the new system. Facility and waste stream information can be automatically applied to the manifest through easy lookups and tables, using a web browser or the mobile app. Additionally, manifests can be ‘copied’ for reuse when the same or similar shipments happen more than once.

See below materials showing how to initiate manifests.

• Initiating a manifest as an AGD
• Initiating a manifest as a carrier

See here for manifesting a shipment as a receiver

If you deal with a high volume of manifests, you may wish to make use of the Registry’s external API that allows for automatic integration between external systems and the Registry. Contact RPRA_External_API_Support_Team@rpra.ca for more information.

RPRA’s Where to Recycle map displays locations across Ontario where the public can drop off used materials to be recycled, such as batteries, electronics, household hazardous waste (e.g., paint, antifreeze, pesticides), lighting and tires, for free. Materials collected at these locations are reused, refurbished, recycled, or properly disposed of to help keep them out of landfill, recover valuable resources and protect our environment. Learn more here.

For the purposes of supply data reporting, ‘refillable packaging’ is defined as packaging surrounding a supplied product that a consumer can return to the product manufacturer for cleaning and reuse.

A producer who supplies its products in refillable packaging should only report weights (under the appropriate material category) the first time the packaging is supplied to consumers.

For example:

A milk producer that used 1000 new glass bottles to supply its product to consumers in 2022, reported the weight of all 1000 bottles under the beverage container category in their 2023 supply data report.

In 2023, the producer added 500 new glass bottles to its supply, bringing the total of supplied material to 1500 bottles. Their 2024 supply data report should only reflect the weights of the 500 new bottles, not the total currently being used by the producer (1500).

Important: Products supplied in beverage containers should be reported in the ‘beverage container’ category, not the category the container is made of (plastic, metal, glass).

See Compliance Bulletin: What blue box materials need to be reported?