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New regulations filed for used tires in Ontario

Date April 12, 2018 Author Lucy Robinson Categories Industry News
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On April 9, 2018 the Ministry of Environment and Climate Change filed Regulation 225/18, which governs the system in which used tires are managed. It was published to e-Laws on April 10 and is now in full effect. 
 
It is the first regulation put forth under the Resource Recovery and Circular Economy Act, with the Waste-Free Ontario Act having specific provisions as it relates to the management of tires.
 
Highlights of the new regulation
 
The minimum amount of tires that must be collected each calendar year is determined with the following formula: 
 
(Y3 + Y4 + Y5) / 3 × 0.85
 
“Y3” is the calculated weight of tires supplied or provided on vehicles supplied in Ontario by the producer in the calendar year three years prior to the collection year.
 
“Y4” is the calculated weight of tires supplied or provided on vehicles supplied in Ontario by the producer in the calendar year four years prior to the collection year.
 
“Y5” is the calculated weight of tires supplied or provided on vehicles supplied in Ontario by the producer in the calendar year five years prior to the collection year.
 
Most tire producers that are required to collect 10,000 kilograms or more of calculated weight in a calendar year shall satisfy four requirements:
 
  1. in local municipalities with one or more retail locations that supplied the producer’s tires or vehicles with their tires were provided to consumers in the previous calendar year, the producer shall establish and operate as many tire collection sites in the subsequent calendar year as are equal to or greater than 75 per cent of the number of retail locations in the municipality that were operating in the previous calendar year.
  2. in local municipalities with a population of 5,000 or more but without a retail location that supplies the producer’s tires or vehicles with their tires are provided to consumers, the producer shall establish and operate at least one tire collection site,
  3. in territorial districts, the producer shall establish and operate a tire collection site within 30 kilometres of each retail location that supplies tires or vehicles with their tires are provided, and
  4. in territorial districts with a population of 1,000 or more without a retail location that supplies the producer’s tires or vehicles with their tires are provided to consumers, the producer shall establish and operate at least one tire collection site or hold at least one public tire collection event each calendar year. 
 
Retailers that supply tires or vehicles on which tires are provided in Ontario at a retail location, and have a website, shall publish and clearly display on their website:
 
  • if the retailer is a tire collection site, that the consumer may return tires to the site at no charge; or
  • if the retailer is not a tire collection site, the locations of tire collection sites near each retail location, for each tire type supplied, where consumers may return tires at no charge.
 
Every producer / person that markets new tires to consumers in Ontario a separate charge that relates to resource recovery or waste reduction of tires, shall implement a promotion and education program by providing the following information at the time the charge is identified in the same manner in which the charge is communicated:
 
  1. The person responsible for imposing the charge.
  2. How the charge will be used to collect, reduce, reuse, recycle and recover tires.
 
Every producer responsibility organization shall, within 30 days of being retained by a producer, register with the Resource Productivity and Recovery Authority through a Registry and submit:
 
  1. The producer responsibility organization’s name, contact information and any unique identifier assigned by the Registrar.
  2. The designated class of materials in respect of which the producer responsibility organization is retained.
  3. A description of how tires collected by the producer responsibility organization are allocated among producers who have retained the organization’s services 
  4. A description of how tires or processed materials collected by the producer responsibility organization are allocated among producers who have retained the organization’s services for the purposes of meeting their requirements 
 
Registration deadline for producers is August 31 and October 31 for others.
 
 
RCO's Response
 
On Jan. 22, 2018 RCO responded to EBR Registry # 013-1716: Used Tire Regulation under the Resource Recovery and Circular Economy Act, 2016, which informed the development of Regulation 225/18. 
 
In doing so, we encouraged the government to offer detailed description of what is not allowed or permitted toward a producer’s target obligations. The definition should include, but may not be limited to:
 
Processed does not include tires or tire materials used in the following manner:
  • land application
  • land disposal
  • incineration or used as a fuel, fuel supplement, or replacement
 
RCO is pleased to observe that producers shall notinclude the following in the 85 per cent minimum requirement:
 
  1. The calculated weight of tires or the weight of processed materials that are land disposed.
  2. The calculated weight of tires, the weight of processed materials or the weight of any products or packaging derived from tires or processed materials that are incinerated or used as a fuel or a fuel supplement.
  3. The calculated weight of tires or the weight of processed materials that are stored, stockpiled or otherwise deposited on land, unless they are deposited on land in a manner set out under paragraph 4 of subsection (3).
 
We will also review the final against the draft regulation to note material changes. 
 

 

 

                              

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