BATTERIES

CONTENTS PART I INTERPRETATION 1. Definitions 1.1 Population 1.2 Determination of average weight of supply PART II GENERAL 2. Designated class 3. Application 5. Producers 6. Producer responsibility organizations 7. Exemptions PART III COLLECTION OF BATTERIES 8. Battery collection, producer requirements 9. Collection, large producers 10. Collection, small producers 11. Battery collection sites 11.1 Call-in collection 11.2 Battery collection sites in adjacent municipalities PART IV MANAGEMENT OF BATTERIES 12. Battery management, producer requirements 13. Management requirement 14. Management of batteries 16. Managed batteries criteria 17. Reduction of management requirement PART V PROMOTION AND EDUCATION PART VI REGISTRATION 19. Registration, producers 19.1 Submission of registration information by volunteer organization 20. Registration, producer responsibility organizations 21. Registration, battery haulers, processors, refurbishers 21.1 Information submitted as part of registration PART VII REPORTING, AUDITING AND RECORD KEEPING 24. Annual report, producers and volunteer organizations 24.1 Submission of reports by third parties 25. Annual report, producer responsibility organizations 26. Reports, battery haulers 27. Reports, battery processors 28. Annual report, battery refurbishers 28.1 Information submitted as part of a report 29. Records 30. Records, battery collection sites 31. Audit, management systems 32. Access to information and privacy PART I interpretation Definitions 1. In this Regulation, “average weight of supply” means, when used in reference to a producer with respect to a category of batteries and a calendar year, the applicable number calculated in accordance with section 1.2; (“poids moyen de produit fourni”) “battery” means a product that, (a) is a container consisting of one or more voltaic or galvanic cells, in which chemical energy is stored as electricity or converted into electricity and used as a source of power; and (b) weighs five kilograms or less. (“piles et batteries”) “battery collection site” means a site where batteries used by a consumer in Ontario are collected for the purpose of resource recovery; (“lieu de collecte de piles et batteries”) “battery hauler” means a person who arranges for the transport of batteries that are used by a consumer in Ontario and are destined for processing, reuse, refurbishing or disposal, but does not include a person who arranges for the transport of batteries initially generated by that person; (“transporteur de piles et batteries”) “battery processor” means a person who processes, for the purpose of resource recovery, batteries used by a consumer in Ontario; (“transformateur de piles et batteries”) “battery refurbisher” means a person who prepares or refurbishes, for the purpose of reuse, batteries used by a consumer in Ontario; (“personne remettant à neuf des piles et batteries”) “council of the band” has the same meaning as in the Indian Act (Canada); (“conseil de bande”) “Far North” has the same meaning as in the Far North Act, 2010; (“Grand Nord”) “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 9 applies; (“gros producteur”) “local municipality” means a single-tier municipality or a lower-tier municipality; (“municipalité locale”) “local services board” has the same meaning as “Board” as defined in section 1 of the Northern Services Boards Act; (“régie locale des services publics”) “management requirement” means the minimum amount of batteries, determined under section 13, that a producer is required to manage; (“obligation de gestion”) “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” means a battery that can be used only once; (“piles et batteries primaires”) “producer” means a person who is required to carry out responsibilities relating to batteries, 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 batteries, but does not include a battery processor retained solely for the purposes of processing batteries or a battery refurbisher retained solely for the purposes of refurbishing batteries: 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” means a battery that can be recharged to be used more than once; (“piles et batteries rechargeables”) “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”) “Verification and Audit Procedure” means the document entitled “Registry Procedure — Verification and Audit” published by the Authority and dated January 24, 2020, as amended from time to time, and available on the Registry; (“Procédure de vérification”) “volunteer organization” means a person who owns a brand that is used in respect of batteries and is not resident in Canada. (“organisme bénévole”) O. Reg. 30/20, s. 1; O. Reg. 553/22, s. 1; O. Reg. 556/24, s. 3. Population 1.1 A reference in this Regulation to the population of a municipality or territorial district in a calendar year is a reference to the population as reported by Statistics Canada in the most recent official census that was published before the preceding calendar year. O. Reg. 556/24, s. 4. Determination of average weight of supply 1.2 (1) For the purposes of this Regulation, a producer’s average weight of supply in respect of batteries and in respect of a calendar year shall be determined using the formulas set out in subsection (2). O. Reg. 556/24, s. 4. (2) The formulas referred to in subsection (1) are the following: 1. For a producer of primary batteries: (Y2 + Y3 + Y4) / 3 2. For a producer of rechargeable batteries: (Y3 + Y4 + Y5) / 3 O. Reg. 556/24, s. 4. (3) In the formulas set out in subsection (2), “Y2” is the weight of the producer’s primary batteries supplied in Ontario in the calendar year two years prior, “Y3” is the weight of the producer’s primary batteries or rechargeable batteries, as the case may be, supplied in Ontario in the calendar year three years prior, “Y4” is the weight of the producer’s primary batteries or rechargeable batteries, as the case may be, supplied in Ontario in the calendar year four years prior, and “Y5” is the weight of the producer’s primary batteries or rechargeable batteries, as the case may be, supplied in Ontario in the calendar year five years prior. O. Reg. 556/24, s. 4. (4) The producer shall calculate the producer’s average weight of supply for a calendar year using the data submitted under paragraph 3 of subsection 24 (1) with respect to each of Y2, Y3, Y4 and Y5. O. Reg. 556/24, s. 4. Part II General Designated class 2. For the purposes of section 60 of the Act, batteries are a designated class of material. Application 3. This Regulation applies to the following categories of batteries and a reference to a category of batteries is a reference to one of the following categories: 1. Primary batteries. 2. Rechargeable batteries. 4. revoked: O. Reg. 556/24, s. 5. Producers 5. (1) For the purposes of the definition of “producer” in section 1, with respect to new batteries marketed to consumers in Ontario separately from products, the producer is, (a) subject to subsection (2), if the brand holder of the batteries is resident in Canada, the brand holder; (b) if there is no person described in clause (a) and the batteries are 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 batteries are marketed by a person resident in Ontario, the first person who marketed the batteries; or (d) if there is no person described in clause (a), (b) or (c) and the batteries are marketed by a person not resident in Ontario, the person who marketed the batteries. (2) For the purposes of clause (1) (a), if there are two or more brand holders of the new batteries marketed to consumers in Ontario who are resident in Canada, the producer is the brand holder most directly connected to the production of the batteries. (3) For the purposes of clause 61 (6) (c) of the Act, a person referred to in clause (1) (b) is required to carry out the responsibilities of a producer under Part IV of the Act with respect to batteries if they market batteries to a consumer in Ontario or supply the batteries to another person in Ontario who will then market those batteries in Ontario. Producer responsibility organizations 6. (1) For the purposes of paragraph 2 of subsection 61 (2) of the Act, the condition that must be met by a person in respect of batteries is that the person must be a producer responsibility organization. O. Reg. 553/22, s. 3. (2) For the purposes of clause 61 (6) (c) of the Act, the criterion that the person must satisfy is that the person must be a producer responsibility organization or a producer. O. Reg. 553/22, s. 3. (3) For the purposes of clause 62 (1) (d) of the Act, the criterion that the person must satisfy is that the person must be a producer responsibility organization or a producer. O. Reg. 553/22, s. 3. Exemptions 7. A producer is exempt from Parts III and IV and sections 19, 24 and 31 in a calendar year in respect of primary batteries or rechargeable batteries if the producer’s average weight of supply for that calendar year, as determined under section 1.2 in respect of that category, is not greater than, (a) in the case of primary batteries, 5.0 tonnes; or (b) in the case of rechargeable batteries, 2.5 tonnes. O. Reg. 556/24, s. 6. Part III collection of Batteries Battery collection, producer requirements 8. (1) Subject to section 7, every producer shall establish and operate a collection system for each applicable category of batteries in accordance with the requirements set out in sections 9 to 11.2. O. Reg. 30/20, s. 8; O. Reg. 556/24, s. 7. (2) Every producer responsibility organization that has entered into an agreement with a producer to provide collection services under this Part for a category of batteries is required to satisfy the requirements set out in this Part that apply to that producer with respect to each category of batteries covered in that agreement. O. Reg. 553/22, s. 5. (3) In this Part, a reference to a producer includes a producer responsibility organization to which subsection (2) applies. O. Reg. 553/22, s. 5. Collection, large producers 9. (1) This section applies in a calendar year in respect of every producer whose average weight of supply in respect of a category of batteries for that calendar year is, (a) 160 tonnes or more, in the case of primary batteries; or (b) 80 tonnes or more, in the case of rechargeable batteries. O. Reg. 556/24, s. 8. (2) A producer to whom this section applies in respect of a category of batteries shall establish and operate a collection system for the category in the calendar year by satisfying the following requirements: 1. Subject to subsections 11 (3) to (6), in each local municipality with a population of 1,000 or more in the calendar year, the producer shall establish and operate battery collection sites at which that category of batteries is collected, as follows: i. If the population is 500,000 or less, at least one battery collection site for every 15,000 people or portion thereof. ii. If the population is more than 500,000, at least 34 battery collection sites for the first 500,000, and at least one battery collection site for every 50,000 people or portion thereof, for the portion that surpasses 500,000. 2. In each territorial district with a population of 1,000 or more in the calendar year, the producer shall establish and operate at least one battery collection site at which that category of batteries is collected. O. Reg. 556/24, s. 8. Collection, small producers 10. (1) This section applies in a calendar year in respect of every producer whose average weight of supply in respect of a category of batteries for that calendar year is, (a) less than 160 tonnes, in the case of primary batteries; or (b) less than 80 tonnes, in the case of rechargeable batteries. O. Reg. 556/24, s. 8. (2) A producer to whom this section applies in respect of a category of batteries shall establish and operate a collection system for the category in the calendar year by satisfying one of the following requirements: 1. Subject to subsections 11 (3) to (6), in each local municipality or territorial district with one or more retail locations that supplied the producer’s batteries in that category to consumers at any point in the previous calendar year, as many battery collection sites as are equal to or greater than 75 per cent of the highest number of those retail locations that were operating at the same time during the previous calendar year, rounded up to the nearest whole number, are established and operated. 2. The producer shall establish and operate battery collection sites at which that category of batteries is collected as follows: i. Subject to subsections 11 (3) to (6), in each local municipality with a population of 5,000 or more in the calendar year, the producer shall establish and operate, A. at least one battery collection site for every 15,000 people or portion thereof, if the population is 500,000 or less, or B. if the population is more than 500,000, at least 34 battery collection sites for the first 500,000, and at least one battery collection site for every 50,000 people or portion thereof, for the portion that surpasses 500,000. ii. The producer shall establish and operate at least one battery collection site in each territorial district with a population of 1,000 or more in the calendar year in which the producer supplied that category of batteries at any point in the previous calendar year. O. Reg. 556/24, s. 8. Battery collection sites 11. (1) Every producer who establishes and operates a battery collection site for the purposes of subsection 9 (2) or 10 (2) shall ensure that, with respect to each battery collection site that is part of the producer’s collection system, the following requirements are satisfied: 1. If the battery collection site is not part of a retail location, the site must accept all batteries. 2. If the battery collection site is part of a retail location, the site must accept, at a minimum, all batteries that fall into the same category and are similar in size and function to the batteries supplied by the producer at that location. 3. The battery collection site must be readily accessible to the public. 3.1 If the battery collection site is not owned or operated by a municipality or local services board, it must accept batteries during normal business hours throughout the calendar year. 3.2 If the battery collection site is owned or operated by a municipality or local services board, the site must not have been promoted as a collection event by the municipality or local services board. 4. The battery collection site must accept, at a minimum, up to 15 kilograms of batteries per day from any person. 5. Revoked: O. Reg. 556/24, s. 9 (2). O. Reg. 30/20, s. 11 (1); O. Reg. 556/24, s. 9 (1, 2). (2) For greater certainty, a battery collection site may be operated by or on behalf of one or more producers and may be relied on by one or more producers to satisfy the requirements set out in sections 9 and 10. O. Reg. 30/20, s. 11 (2). (3) Subject to subsection (6), a producer may reduce the number of battery collection sites the producer is required to establish and operate in a local municipality or territorial district under subsection 9 (2) or 10 (2), as the case may be, by the percentage of residences in the municipality or territorial district, including residences in multi-unit residential buildings, rounded up to the nearest whole number, (a) from which the producer collects that category of batteries, at least four times during the calendar year; and (b) to which the producer distributes adequate containers for the collection of the batteries, at no charge. O. Reg. 30/20, s. 11 (3); O. Reg. 556/24, s. 9 (3, 4). (4) Subject to subsection (6), a producer may reduce the number of battery collection sites the producer is required to establish and operate in a local municipality or territorial district under subsection 9 (2) or 10 (2), as the case may be, by the percentage described in subsection (4.1), rounded up to the nearest whole number. O. Reg. 556/24, s. 9 (5). (4.1) For the purposes of subsection (4), the percentage is the percentage of batteries that the producer supplied in Ontario in the previous calendar year and in respect of which the producer ensured that a program was made available throughout Ontario that provided for one of the following, at no charge: 1. A service through which the producer’s batteries are collected from consumers. 2. A mail or courier service through which consumers may return the producer’s batteries, including the provision of necessary packaging or shipping materials. O. Reg. 556/24, s. 9 (5). (5) Subject to subsection (6), a producer may replace a portion of battery collection sites the producer is required to establish and operate in a local municipality or territorial district under subsection 9 (2) or 10 (2), as the case may be, with public battery collection events in accordance with the following rules: 1. A producer may replace up to 25 per cent of the total number of battery collection sites, rounded up to the nearest whole number and as determined before applying any reductions under subsections (3) and (4), that the producer is required to operate in Ontario, with the same number of public battery collection events. 2. A public battery collection event must be readily accessible to the public, must operate for at least four consecutive hours on the day it is held and must accept all batteries. O. Reg. 30/20, s. 11 (5); O. Reg. 556/24, s. 9 (6). (6) Despite subsections (3), (4) and (5), the number of battery collection sites the producer is required to establish and operate in a calendar year shall not be reduced such that there is no battery collection site or public battery collection event in a local municipality or territorial district with a population of 1,000 or more in that calendar year if the producer supplied batteries at a retail location in the local municipality or territorial district at any point in the previous calendar year. O. Reg. 556/24, s. 9 (7). (7)-(9) revoked: O. Reg. 556/24, s. 9 (7). Call-in collection 11.1 (1) Subject to subsection (2), if a large producer receives a notice from a representative of one of the following entities that more than one tonne of batteries has been collected, the producer shall collect all of the batteries from the entity or operation within one year of being notified: 1. A council of the band. 2. A municipality that is not located in the Far North. 3. A local services board that is not located in the Far North. 4. A depot where batteries are collected that is owned or operated by the Crown in right of Ontario and that is not located in the Far North. O. Reg. 556/24, s. 10. (2) A producer who is notified under subsection (1) by a representative of a council of the band regarding batteries located on a reserve in the Far North shall make reasonable efforts to collect the batteries within one year of being notified. O. Reg. 556/24, s. 10. Battery collection sites in adjacent municipalities 11.2 (1) In this section, “base municipality” means the local municipality in which a producer is required to establish and operate battery collection sites under sections 9 to 11. O. Reg. 556/24, s. 10. (2) Despite the requirements in sections 9 to 11 and subject to subsection (3), the total number of battery collection sites that a producer is required to establish and operate in a base municipality may include sites established and operated by the producer in an adjacent local municipality, if those sites in the adjacent local municipality accept all of the batteries that would otherwise have been accepted at a site in the base municipality. O. Reg. 556/24, s. 10. (3) The total number of battery collection sites that are established and operated in other local municipalities under subsection (2) shall not exceed 10 per cent of the battery collection sites that the producer is required to establish and operate under this Regulation, rounded up to the nearest whole number. O. Reg. 556/24, s. 10. Part Iv management of batteries Battery management, producer requirements 12. (1) Subject to section 7, every producer shall establish and operate a system for managing batteries by determining and satisfying their management requirement with respect to each applicable category of batteries in accordance with sections 13 to 17. O. Reg. 30/20, s. 12. (2) Every producer responsibility organization that has entered into an agreement with a producer to provide management services under section 14 is required to satisfy the requirements set out in that section that apply to that producer. O. Reg. 553/22, s. 7. (3) In section 14, a reference to a producer includes a producer responsibility organization to which subsection (2) applies. O. Reg. 553/22, s. 7. Management requirement 13. (1) Every producer shall manage, in a calendar year, a minimum amount of batteries, determined by multiplying the sum of the producer’s average weights of supply for the calendar year in respect of batteries in each category, multiplied by, (a) 0.45, for 2025; and (b) 0.50, for 2026 and every subsequent year. O. Reg. 556/24, s. 11. (2) Every producer shall ensure that the data used to calculate a management requirement under subsection (1) is determined and verified in accordance with the Verification and Audit Procedure. O. Reg. 556/24, s. 11. Management of batteries 14. Every producer who is required under section 13 to manage batteries shall ensure that all batteries collected at a battery collection site by the producer under Part III are, within three months from the date the batteries are picked up from the collection site by a battery hauler, (a) managed by a battery refurbisher who is registered under section 21; or (b) processed by a battery processor who, (i) is registered under section 21, or (ii) is not required to register under section 21 as a result of processing less than 300 tonnes of batteries for the purpose of fulfilling producer responsibilities in the previous calendar year. O. Reg. 30/20, s. 14; O. Reg. 553/22, s. 8; O. Reg. 556/24, s. 12. 15. Revoked: O. Reg. 556/24, s. 13. Managed batteries criteria 16. (1) The following conditions apply for the purposes of satisfying a management requirement under section 13: 1. The weight of recovered resources from batteries counted toward the management requirement must be from batteries used by a consumer in Ontario that have been, by the end of the calendar year, i. managed by a battery refurbisher who is registered under section 21 and provided to a person for reuse, including provided for reuse by supplying the battery with another product, or ii. processed by a battery processor who is registered under section 21 or not required to be registered under section 21 as a result of processing less than 300 tonnes of batteries for the purpose of fulfilling producer responsibilities in the previous calendar year, and A. used or destined to be used by a person for the making of new products or packaging, B. used to enrich soil, or C. subject to subsection (2), used as aggregate. 2. The weight of batteries, or recovered resources from those batteries, must only be counted once and must not be counted by more than one producer. 3. The following must not be counted toward the management requirement: i. The weight of materials that are land disposed. ii. The weight of materials that are incinerated. iii. The weight of materials that are used as a fuel or a fuel supplement. iv. The weight of materials that are stored, stockpiled, used as daily landfill cover or otherwise deposited on land, unless they are deposited on land in a manner set out in sub-subparagraph 1 ii A, B or C. O. O. Reg. 30/20, s. 16 (1); Reg. 556/24, s. 14 (1, 2). (2) With respect to satisfying the management requirement under section 13, the weight of material used as aggregate, referred to in sub-subparagraph 1 ii C of subsection (1), may only account for up to 15 per cent of the management requirement. O. Reg. 30/20, s. 16 (2). (3), (4) Revoked: O. Reg. 556/24, s. 14 (3). Reduction of management requirement 17. (1) If any of the new batteries that were supplied by a producer in Ontario in a calendar year contained post-consumer recycled content, the producer may reduce their management requirement in accordance with the following rules: 1. The producer may reduce the weight used in the relevant formula in section 13 with respect to each year that the batteries containing post-consumer recycled content were supplied. 2. The producer may reduce the weight used with respect to each year referred to in paragraph 1 by the equivalent weight of post-consumer recycled content contained in the batteries. 3. The producer may only reduce the management requirement by a maximum of 50 per cent. O. Reg. 30/20, s. 17 (1); O. Reg. 556/24, s. 15 (1). (2) The weight of post-consumer recycled content referred to in subsection (1) must be verified in accordance with the Verification and Audit Procedure. O. Reg. 556/24, s. 15 (2). Part v Promotion and Education 18. revoked: O. Reg. 30/20, s. 33 (3). 18.1 Revoked: O. Reg. 43/23, s. 1. Part Vi Registration Registration, producers 19. (1) Every producer who markets batteries in Ontario shall register with the Authority, through the Registry, by submitting the information set out under subsection (2) within 30 days of marketing the batteries. O. Reg. 553/22, s. 10 (1). (2) The information referred to in subsection (1) is the following: 1. The producer’s name, contact information and any unique identifier assigned by the Registrar. 2. The category to which the batteries, marketed in Ontario by the producer, belong. 3. The name, contact information and any unique identifier assigned by the Registrar of any producer responsibility organization retained by the producer. 4. The name and contact information of an employee of the producer who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date. 5. The date the producer first marketed the applicable category of batteries in Ontario. 6. Revoked: O. Reg. 553/22, s. 10 (2). O. Reg. 30/20, s. 19 (2); O. Reg. 553/22, s. 10 (1, 2). (3) The producer shall submit updated information within 15 days after any change to the information required under subsection (2). O. Reg. 30/20, s. 19 (3). (4)-(6) Revoked: O. Reg. 553/22, s. 10 (3). Submission of registration information by volunteer organization 19.1 (1) A producer of batteries who is not the brand holder of the batteries may enter into a written agreement that authorizes a volunteer organization that owns a brand used in respect of batteries to submit information set out under section 19 on behalf of the producer. O. Reg. 553/22, s. 11. (2) A volunteer organization that enters into an agreement referred to in subsection (1) shall submit the information set out under section 19 on behalf of the producer at least 15 days before the producer is required to register under that section and shall also submit the following information: 1. The volunteer organization’s name, contact information and any unique identifier assigned by the Registrar. 2. The name, contact information and any unique identifier assigned by the Registrar of any producer responsibility organization retained by the volunteer organization. 3. The name and contact information of an employee of the volunteer organization who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date. 4. The brand of batteries owned by the volunteer organization and in respect of which the registration relates. O. Reg. 553/22, s. 11. (3) The volunteer organization shall submit updated information within 15 days after any change to the information required under subsection (2) or 19 (2). O. Reg. 553/22, s. 11. Registration, producer responsibility organizations 20. (1) Every producer responsibility organization shall, within 30 days of being retained by a producer, register with the Authority, through the Registry, by submitting the following information: 1. The producer responsibility organization’s name, contact information and any unique identifier assigned by the Registrar. 2. The category of batteries in respect of which the producer responsibility organization is retained. 3. With respect to each producer who has retained the producer responsibility organization, i. the name, contact information and any unique identifier assigned by the Registrar, and ii. a description of the producer responsibilities relating to batteries that the producer responsibility organization has been retained to carry out. 4. The name and contact information of an employee of the producer responsibility organization who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date. (2) The producer responsibility organization shall submit updated information within 15 days of any change to the information required under this section. Registration, battery haulers, processors, refurbishers 21. (1) Every battery hauler and battery refurbisher shall, after arranging for the transport or refurbishing of batteries, as the case may be, register with the Authority, through the Registry, by submitting the information set out under subsection (3) within 30 days of the batteries being transported or refurbished. O. Reg. 553/22, s. 12. (2) Every battery processor who processes 300 tonnes or more of batteries for the purpose of fulfilling producer responsibilities in a calendar year shall, on or before January 31 in the calendar year immediately following the year in which the batteries were processed, register with the Authority, through the Registry, by submitting the information set out under subsection (3). O. Reg. 553/22, s. 12. (3) The information referred to in subsections (1) and (2) is the following: 1. The name, contact information and any unique identifier assigned by the Registrar of the battery hauler, battery processor or battery refurbisher, as the case may be. 2. The name and contact information of an employee of the battery hauler, battery processor or battery refurbisher, as the case may be, who has authority to bind the corporation or entity and who is responsible for ensuring the registration is complete and up to date. 3. If the person is a battery hauler, each category of batteries for which the person arranges transport. 4. If the person is a battery processor, each category of batteries the person processes, the location of each site where the person receives and processes batteries and the types of processed materials that result from the processing. 5. If the person is a battery refurbisher, each category of batteries the person refurbishes or provides for reuse, and the location of each site where the person does the refurbishing or the preparation for the reuse. O. Reg. 30/20, s. 21 (3). (4) The battery hauler, battery processor or battery refurbisher, as the case may be, shall submit updated information within 15 days of any change to the information required under this section. O. Reg. 30/20, s. 21 (4). Information submitted as part of registration 21.1 Any person required to submit information under this Part to the Authority with respect to the weight of a category of batteries shall ensure that the information is verified in accordance with any requirements set out in the Verification and Audit Procedure. O. Reg. 556/24, s. 16. Part ViI Reporting, Auditing and Record Keeping 22., 23. Revoked: O. Reg. 553/22, s. 13. Annual report, producers and volunteer organizations 24. (1) On or before April 30 in each year, every producer who is required to register under section 19 shall submit an annual report to the Authority, through the Registry, that contains the following information with respect to each applicable category of batteries: 1. A description of the actions taken by the producer in the previous calendar year to fulfil their responsibilities relating to the requirements set out under Parts III and IV. 2. A description of how the producer and any producer responsibility organization retained by the producer satisfied the management requirement in the previous calendar year, including the following information: i. The weight of batteries that were refurbished. ii. The weight of batteries that were reused. iii. The total weight of processed materials that resulted from the processing of batteries that were, A. provided to a person for the making of new products or packaging, B. used to enrich soil, or C. used as aggregate. iv. The total weight of batteries and the weight of processed materials that were, A. land disposed, B. incinerated, C. used as a fuel or a fuel supplement, D. stored, stockpiled, used as daily landfill cover or otherwise deposited on land, or E. used as aggregate, with respect to any aggregate that was used beyond the 15 per cent maximum permitted under subsection 16 (2). 3. The weight of batteries supplied in Ontario and the weight, if any, of post-consumer recycled content contained in those batteries, verified in accordance with the Verification and Audit Procedure, i. in the previous calendar year, with respect to primary batteries, and ii. in the calendar year two years prior, with respect to rechargeable batteries. O. Reg. 30/20, s. 24 (1), 33 (4); O. Reg. 553/22, s. 14 (1); O. Reg. 556/24, s. 1. (2), (3) Revoked: O. Reg. 553/22, s. 14 (2). Submission of reports by third parties 24.1 (1) A producer may enter into a written agreement that authorizes a third party, including a volunteer organization, to submit a report under this Part on behalf of the producer. O. Reg. 553/22, s. 15. (2) If the third party that submits a report under subsection (1) is a volunteer organization, the volunteer organization shall submit the report on behalf of the producer at least 15 days before the producer is required to submit the report. O. Reg. 553/22, s. 15. Annual report, producer responsibility organizations 25. On or before April 30 in each year, every producer responsibility organization that is required to register under section 20 shall submit an annual report to the Authority, through the Registry, that contains the following information with respect to each applicable category of batteries in the previous calendar year: 1. The weight of batteries collected by the producer responsibility organization. 2. A list of every battery processor and battery refurbisher that the producer responsibility organization retains to process or refurbish batteries, including any unique identifier assigned by the Registrar, and the weight of the processed materials and refurbished batteries processed by each battery processor or battery refurbisher. 3. The weight of refurbished batteries and the weight of processed materials allocated to each producer who retained the producer responsibility organization’s services for the purpose of satisfying their management requirement under section 13. 4. The number and location of battery collection sites or public battery collection events, and a description of any collection services, arranged, established or operated on behalf of each producer by the producer responsibility organization and the producer’s name, contact information and any unique identifier assigned by the Registrar. O. Reg. 30/20, s. 25; O. Reg. 553/22, s. 16; O. Reg. 556/24, s. 1. Reports, battery haulers 26. On or before April 30 in each year, every battery hauler who is required to register under section 21 shall submit an annual report to the Authority, through the Registry, that contains the following information with respect to each applicable category of batteries in the previous calendar year: 1. The weight of batteries picked up from a battery collection site or from a person and the name and contact information of the operator of the site or person. 2. For each battery refurbisher to whom the battery hauler provided batteries referred to in paragraph 1, the weight of batteries provided and the battery refurbisher’s name, contact information and any unique identifier assigned by the Registrar. 3. For each battery processor to whom the battery hauler provided batteries referred to in paragraph 1, the weight of batteries provided and the battery processor’s name, contact information and any unique identifier assigned by the Registrar. 4. If the battery hauler is part of a producer’s collection system, the name, contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. 5. If any of the batteries referred to in paragraph 1 were collected from outside of Ontario, the weight of those batteries. O. Reg. 30/20, s. 26; O. Reg. 553/22, s. 17; O. Reg. 556/24, s. 1. Reports, battery processors 27. (1) Subject to subsection (2), on or before April 30 in each year, every battery processor who is required to register under section 21 and who processed 300 tonnes or more of batteries for the purpose of fulfilling producer responsibilities in the previous calendar year shall submit an annual report to the Authority, through the Registry, that contains the following information with respect to each applicable category of batteries in the previous calendar year: 1. The weight of batteries and the weight of processed materials derived from batteries received from a battery hauler or any other person at each site where the battery processor receives and processes batteries and the battery hauler’s or the person’s name, contact information and any unique identifier assigned by the Registrar. 2. The weight of batteries referred to in paragraph 1 that the battery processor sold or provided for refurbishing or reuse. 3. A description of the processing activities undertaken by the battery processor, including the weight of batteries referred to in paragraph 1 that were processed and the weight of the processed materials, by material type. 4. With respect to the processed materials referred to in paragraph 3, i. a list of the types of products and packaging that were made by the battery processor and the weight of the processed materials that were used in the making of such products and packaging, ii. the weight of the processed materials that were sent by the battery processor to another person for the purpose of making products and packaging and the types of products and packaging that were made by the other person with the processed materials, iii. the weight of the processed materials that were used to enrich soil, and iv. the weight of the processed materials that were used as aggregate. 5. The weight of batteries referred to in paragraph 1 and the weight of processed materials referred to in paragraph 3 that were, i. land disposed, ii. incinerated, iii. used as a fuel or a fuel supplement, iv. stored, stockpiled, used as daily landfill cover or otherwise deposited on land, or v. used as aggregate, with respect to any aggregate that was used beyond the 15 per cent maximum permitted under subsection 16 (2). 6. If the battery processor is part of a producer’s management system, the name, contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. 7. revoked: O. Reg. 556/24, s. 17. O. Reg. 30/20, s. 27 (1); O. Reg. 553/22, s. 18; O. Reg. 556/24, s. 1, 17. (2) The information provided under paragraphs 1 to 5 of subsection (1) must include information with respect to batteries, and any processed materials derived from batteries, collected in Ontario as well as outside of Ontario. O. Reg. 30/20, s. 27 (2). Annual report, battery refurbishers 28. On or before April 30 in each year, every battery refurbisher who is required to register under section 21 shall submit an annual report to the Authority, through the Registry, that contains the following information with respect to each applicable category of batteries in the previous calendar year: 1. The weight of batteries received from a battery hauler or any other person at each site where the battery refurbisher receives and refurbishes batteries and the battery hauler’s or the person’s name, contact information and any unique identifier assigned by the Registrar. 2. The weight of batteries referred to in paragraph 1 that were refurbished or provided for reuse. 3. The weight of batteries referred to in paragraph 1 that were sent for processing. 4. If any of the batteries referred to in paragraph 1 were collected from outside of Ontario, the weight of those batteries. 5. If the battery refurbisher is part of a producer’s management system, the name, contact information and any unique identifier assigned by the Registrar of the producer or of the producer responsibility organization retained by the producer. O. Reg. 30/20, s. 28; O. Reg. 553/22, s. 19; O. Reg. 556/24, s. 1. Information submitted as part of a report 28.1 Any person required to submit information under this Part to the Authority with respect to the weight of a category of batteries shall ensure that the information is verified in accordance with any requirements set out in the Verification and Audit Procedure. O. Reg. 556/24, s. 18. Records 29. Every producer, producer responsibility organization, battery hauler, battery processor, battery refurbisher and volunteer organization shall keep the following records in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from the date of creation: 1. Records related to arranging for the establishment or operation of a collection or management system for the purpose of fulfilling responsibilities relating to batteries. 2. Records related to establishing or operating a collection or management system for the purposes of fulfilling responsibilities relating to batteries. 3. Records related to information required to be submitted to the Authority, through the Registry. 4. Records related to implementing a promotion and education program required under this Regulation. 5. Records related to the weight of batteries supplied in Ontario. 6. Any agreements that relate to paragraph 1, 2, 3, 4 or 5. Records, battery collection sites 30. (1) Every operator of a battery collection site at which batteries are collected shall keep the following records with respect to each applicable category of batteries collected at each site, if there is more than one, in a paper or electronic format that can be examined or accessed in Ontario for a period of five years from the date of creation: 1. The weight of batteries that were collected. 2. The weight of batteries referred to in paragraph 1 that the operator provided for reuse or refurbishing or sent for processing. 3. For each battery hauler to whom the operator provided batteries referred to in paragraph 1, the weight of the batteries provided and the battery hauler’s name, contact information and any unique identifier assigned by the Registrar. 4. If any of the batteries referred to in paragraph 1 were collected from outside of Ontario, the weight of those batteries. O. Reg. 30/20, s. 30 (1). (2) Revoked: O. Reg. 556/24, s. 19. Audit, management systems 31. (1) Every producer shall cause an audit to be undertaken of the practices and procedures the producer implemented in order to comply with sections 12 to 16, (a) on or before April 30, 2024, with respect to each category of batteries the producer was responsible for between January 1, 2022 and December 31, 2023; and (b) on or before April 30, 2027 and on or before April 30 in every third calendar year after that, with respect to each category of batteries the producer was responsible for in the three immediately preceding calendar years. O. Reg. 30/20, s. 31 (1); O. Reg. 556/24, s. 1 (2) On or before April 30 in any year in which an audit is required under subsection (1), the producer shall prepare and submit a copy of a report on the audit to the Authority, through the Registry, that includes the following with respect to each applicable category of batteries: 1. The weight of batteries that were refurbished. 2. The weight of batteries that were reused. 3. The weight of processed materials that resulted from the processing of batteries that were, i. provided to a person for the making of new products or packaging, ii. used to enrich soil, or iii. used as aggregate. 4. A list of the types of products and packaging that were made with the processed materials referred to in paragraph 3. 5. The weight of batteries and the weight of processed materials that were, i. land disposed, ii. incinerated, iii. used as a fuel or a fuel supplement, iv. stored, stockpiled, used as daily landfill cover or otherwise deposited on land, or v. used as aggregate, with respect to any aggregate that was used beyond the 15 per cent maximum permitted under subsection 16 (2). 6. A statement confirming whether the producer satisfied their management requirement. O. Reg. 30/20, s. 31 (2). (3) The audit referred to in subsection (1) must be conducted by an independent auditor who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004 and in accordance with the procedures set out in the Verification and Audit Procedure. O. Reg. 30/20, s. 31 (3). Access to information and privacy 32. (1) Subject to subsection (2), information and data submitted under this Regulation to the Authority through the Registry shall not be posted on the Registry, unless it is posted in a manner that is consistent with the “Access and Privacy Code” published by the Authority and dated December 14, 2017, as amended from time to time, and available on the website of the Registry. O. Reg. 553/22, s. 20. (2) For greater certainty, the Authority shall not post information, including data, that is, (a) provided by or on behalf of a producer and that relates to the producer’s supply of, or management of, batteries; or (b) classified as “commercially sensitive information”, “confidential information” or “personal information”, as those terms are defined in the “Access and Privacy Code” referred to in subsection (1), as amended from time to time. O. Reg. 553/22, s. 20. Part VIII (OMITTED) 33. (1), (2) Revoked: O. Reg. 553/22, s. 21. (3), (4) Omitted (provides for amendments to this Regulation). 34. Omitted (provides for coming into force of provisions of this Regulation).