Ontario to implement new visible fee updates for batteries, tires & electronics on January 1, 2023

The Government of Ontario has released the following to amend the existing tires (O. Reg. 225/18), batteries (O. Reg. 30/20), and electrical & electronic equipment (O. Reg 522/20) regulations.

RCC is aware of member concerns related to the batteries and the electronics & electrical equipment (EEE) regulation, which sees the following change to the requirements for a visible fee:

• Every producer and every person who markets batteries/EEE to consumers in Ontario and who identifies, in an advertisement, invoice receipt or similar record in connection with the supply of batteries/EEE, a separate charge that relates to resource recovery or waste reduction of batteries shall implement a promotion and education program providing the following information at the time the charge is identified:
  • (1) the person responsible for imposing the charge
  • (2) how the charge will be used to collect, reduce, reuse, recycle and recover batteries.

This is problematic for retailers who display visible fees as it can require significant (and costly) changes to point-of-service systems. It also requires the person responsible for the charge to be named on the receipt, which is challenging to implement. These changes will take time, particularly if external IT consultants are needed.

Compounding this issue is that the changes come into effect on January 1, 2023. If a change isn’t implemented, the administrative penalty is $2,500 per day.

RCC is taking meetings on this issue with members, and has issued a letter to the Minister. Meetings are set up with both the Minister’s Office and Premiers Office to discuss this issue further. We are also encouraging impacted members to send letters of their own to the Minister.