O. Reg. 522/20: ELECTRICAL AND ELECTRONIC EQUIPMENT" Français e-Laws How to use e-Laws e-Laws definitions Legislative tables How to use e-Laws e-Laws definitions Legislative tables O. Reg. 522/20: ELECTRICAL AND ELECTRONIC EQUIPMENT, Filed September 21, 2020 under Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1   ontario regulation 522/20 made under the Resource Recovery and Circular Economy Act, 2016 Made: September 17, 2020 Filed: September 21, 2020 Published on e-Laws: September 21, 2020 Printed in The Ontario Gazette: October 10, 2020 Electrical and Electronic Equipment CONTENTS PART I DEFINITIONS 1. Definitions PART II GENERAL 2. Designated class 3. Application 4. Performance periods 5. Producers 6. Producer agreements, etc. 7. Volunteer organizations 8. Exemptions, ITT/AV and lighting PART III COLLECTION OF EEE — ITT/AV AND LIGHTING 9. ITT/AV and lighting, producer requirements 10. Collection, large producers of ITT/AV and lighting 11. Collection, small producers of ITT/AV and lighting 12. EEE collection sites PART IV MANAGEMENT OF EEE — ITT/AV AND LIGHTING 13. ITT/AV and lighting management, producer requirements 14. Calculation of management requirement 15. Management of EEE 16. EEE Verification and Audit Procedure 17. Managed EEE criteria 18. Reduction of management requirement PART V PROMOTION AND EDUCATION 19. Promotion and education, producers PART VI REGISTRATION 20. Registration, producers and volunteer organizations 21. Registration, producer responsibility organizations 22. Registration, EEE haulers, processors and refurbishers PART VII REPORTING, AUDITING AND RECORD KEEPING 23. Initial report, collection and management 24. Initial report, producers and volunteer organizations 25. Annual report, producers and volunteer organizations 26. Annual report, producer responsibility organizations 27. Annual report, EEE haulers 28. Annual report, EEE processors 29. Annual report, EEE refurbishers 30. Records 31. Records, EEE collection sites 32. Audit, management systems 33. Access to information and privacy PART VIII AMENDMENTS AND COMMENCEMENT 34. Amendments 35. Commencement Schedule 1 Categories of electrical and electronic equipment   Part I Definitions Definitions 1. In this Regulation, “battery” has the same meaning as in Ontario Regulation 30/20 (Batteries) made under the Act; (“piles et batteries”) “battery hauler” has the same meaning as in Ontario Regulation 30/20 (Batteries) made under the Act; (“transporteur de piles et batteries”) “battery processor” has the same meaning as in Ontario Regulation 30/20 (Batteries) made under the Act; (“transformateur de piles et batteries”) “battery refurbisher” has the same meaning as in Ontario Regulation 30/20 (Batteries) made under the Act; (“personne remettant à neuf des piles et batteries”) “EEE collection site” means a site where EEE used by a consumer in Ontario is collected for the purpose of resource recovery; (“lieu de collecte d’EEE”) “EEE hauler” means a person who arranges for the transport of EEE that is used by a consumer in Ontario and is destined for processing, reuse, refurbishing or disposal, but does not include a person who arranges for the transport of EEE initially generated by that person; (“transporteur d’EEE”) “EEE Processing and Refurbishing Procedure” means the document entitled “EEE Processing and Refurbishing Procedure” published by the Authority and dated July 15, 2020, as amended from time to time, and available on the Registry; (“Procédure pour la transformation et remise à neuf des EEE”) “EEE processor” means a person who processes, for the purpose of resource recovery, EEE used by a consumer in Ontario; (“transformateur d’EEE”) “EEE refurbisher” means a person who prepares or refurbishes, for the purpose of reuse, EEE used by a consumer in Ontario; (“personne remettant à neuf des EEE”) “EEE Verification and Audit Procedure” means the document entitled “EEE Verification and Audit Procedure” published by the Authority and dated July 15, 2020, as amended from time to time, and available on the Registry; (“Procédure de vérification des EEE”) “electrical and electronic equipment” or “EEE” means electrical and electronic equipment that, (a)  is designed for use with an electric current and a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current, (b)  weighs no more than 250 kilograms, and (c)  is not intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; (“équipement électrique et électronique” ou “EEE”) “information technology, telecommunications and audio visual equipment” or “ITT/AV” means EEE, of which the primary purpose is collecting, storing, processing, presenting or communicating information, including sounds and images, recording or reproducing sounds and images, including but not limited to the examples set out in section 1 of Schedule 1, but does not include equipment or products that fall into the category of lighting; (“équipement de technologie de l’information, de télécommunication et audiovisuel”) “land disposed” has the same meaning as “land disposal” in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“éliminé en milieu terrestre”) “large producer” means a producer to whom section 10 applies; (“gros producteur”) “lighting” means EEE that has the primary purpose of producing light, such as a bulb, lamp, light emitting diode or tube, including but not limited to the examples set out in section 2 of Schedule 1, but does not include, (a)  lighting that is provided with another product or a fixture, or (b)  lighting that also falls into the category of ITT/AV; (“matériel d’éclairage”) “management requirement” means the minimum amount of EEE, determined under section 14, that a producer is required to manage; (“obligation de gestion”) “performance period” means the applicable calendar year, set out under section 4, during which a producer is responsible for collecting or managing EEE; (“période d’exécution”) “permanent establishment”, (a)  has the meaning assigned by subsection 400 (2) of the Income Tax Regulations (Canada) in the case of a corporation, and (b)  has the meaning assigned by subsection 2600 (2) of the Income Tax Regulations (Canada) in the case of an individual; (“établissement stable”) “primary battery” has the same meaning as in Ontario Regulation 30/20 (Batteries) made under the Act; (“piles et batteries primaires”) “producer” means a person who is required to carry out responsibilities relating to EEE, as determined in accordance with section 5; (“producteur”) “producer responsibility organization” means a person retained by a producer for the purpose of carrying out one or more of the following producer responsibilities relating to EEE, but does not include an EEE processor retained solely for the purposes of processing EEE or an EEE refurbisher retained solely for the purposes of refurbishing EEE: 1.  Arranging for the establishment or operation of a collection or management system. 2.  Establishing or operating a collection or management system. 3.  Preparing and submitting reports; (“organisme assumant les responsabilités d’un producteur”) “rechargeable battery” has the same meaning as in Ontario Regulation 30/20 (Batteries) made under the Act; (“piles et batteries rechargeables”) “recycling efficiency rate” means the ratio of the weight of recovered resources from EEE received by an EEE processor, to the weight of EEE received by that EEE processor; (“taux d’efficacité du recyclage”) “resident in Canada” means a person having a permanent establishment in Canada; (“résident du Canada”) “resident in Ontario” means a person having a permanent establishment in Ontario; (“résident de l’Ontario”) “territorial district” means a geographic area, other than a municipality, named and described in Schedule 2 to Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002; (“district territorial”) “volunteer organization” means a person who meets the requirements set out in section 7. (“organisme bénévole”) Part II General Designated class 2. For the purposes of section 60 of the Act, electrical and electronic equipment are a designated class of material. Application 3. (1) This Regulation applies to the following categories of EEE, and a reference to a category of EEE is a reference to one of the following categories: 1.  ITT/AV. 2.  Lighting. (2) This Regulation does not apply to the following products, regardless of whether they would fall into one or more categories of EEE: 1.  Cash registers, self-checkout machines, automated banking machines (ABMs) and automated teller machines (ATMs). 2.  Streetlights and signal or lighting systems designed to control or manage the movement of vehicles or pedestrians. 3.  Textiles, clothing, furniture or any other upholstered and stuffed articles containing any EEE. 4.  Motor vehicles. 5.  Any product that is, or that is designed for use with, any marine, military, aeronautic or space equipment. 6.  Any EEE that falls under the definition of “device” in section 2 of the Food and Drugs Act (Canada). 7.  Power tools. 8.  Children’s toys. 9.  Equipment of which the primary purpose is monitoring, measuring or controlling information or data, other than equipment that is included in the definition of ITT/AV. (3) In this Regulation, a reference to EEE includes all components, parts or peripherals, including batteries, that are provided with the product at the time of supply to the consumer, but does not include printed paper or packaging supplied with the product. (4) For the purposes of this Regulation, a product belongs to the category of EEE that is most closely related to the primary purpose of the product, regardless of whether the product falls into both categories of EEE described in subsection (1). (5) For greater certainty, this Regulation does not apply to a product if the primary purpose of the product does not fall into one of the categories of EEE described in subsection (1), regardless of whether any of the components, parts or peripherals of the product referred to in subsection (3) are EEE. Performance periods 4. The following performance periods apply for the purposes of collecting or managing EEE under Parts III and IV: 1.  Every calendar year, starting on January 1, 2021 for ITT/AV. 2.  Every calendar year, starting on January 1, 2023 for lighting. Producers 5. (1) For the purposes of the definition of “producer” in section 1, with respect to new EEE marketed to consumers in Ontario, the producer is, (a)  subject to subsections (2) and (3), if the brand holder of the EEE is resident in Canada, the brand holder; (b)  if there is no person described in clause (a) and the EEE is imported into Ontario by a person resident in Ontario, the importer; (c)  if there is no person described in clause (a) or (b) and the EEE is marketed by a person resident in Ontario, the first person who marketed the EEE; or (d)  if there is no person described in clause (a), (b) or (c) and the EEE is marketed by a person not resident in Ontario, the person who marketed the EEE. (2) For the purposes of clause (1) (a), if there are two or more brand holders of the new EEE marketed to consumers in Ontario who are resident in Canada, the producer is the brand holder most directly connected to the production of the EEE. (3) For the purposes of clause (1) (a), if more than one item of EEE produced by different brand holders are marketed as a single package…