Every steward obligated under the Orange Drop Program (MHSW) must file quarterly steward reports that detail the type and quantity of designated material(s) supplied into market in Ontario during specific data periods as outlined in the Rules for Stewards.
Any company that is the brand owner, first importer or franchisor of any of the designated Orange Drop (MHSW) materials and meets the criteria for “resident in Ontario” as outlined in the Rules for Stewards is obligated to file a report.
Provided you meet the criteria outlined in the Rules (i.e., resident in Ontario and a brand owner, first importer or franchisor), you are obligated if your products fall under one or more of the two (previously five) material categories defined in the Rules for Stewards. For information on antifreeze, oil containers and oil filters, please visit Automotive Materials Stewardship’s website at www.automotivematerialsstewardship.ca.
O. Reg. 542/06 of the Waste Diverson Act sets out Stewardship Ontario’s authority to develop and operate the Orange Drop Program (MHSW). Every year, we prepare a set of Rules for stewards to follow that govern steward reporting and payment obligations. As a comprehensive reference tool, the Rules include information regarding the designation of obligated stewards, the definitions for each designated material, a payment and reporting timetable and a glossary of the various terms used in the Rules.
Effective April 1, 2012, the revised Rules for Stewards reflect Ontario Regulation 387/16 (formerly O. Reg. 11/12). As such, Stewardship Ontario no longer calculates and publishes a fee schedule that sets out fee rates per unit/volume because Ontario Regulation 387/16 requires stewards to pay quarterly invoices based on actual costs for the quarter. Unlike static fee schedules, these costs are expected to fluctuate from quarter to quarter based on volume and seasonality of materials collected. Starting in Q2 (April) 2012, each steward receives a quarterly invoice from Stewardship Ontario that sets out their share of costs for that quarter. These costs are calculated on the basis of their company’s individual share of the total quantities reported to Stewardship Ontario.
Yes, Stewardship Ontario needs to charge HST on Orange Drop (MHSW) invoices. Under the Blue Box Program, HST is not charged to the steward. For more information, please contact Canada Revenue Agency.
As an Extended Producer Responsibility program, Stewardship Ontario, under the terms and conditions of the Waste Diversion Act, is empowered to recover the cost of managing the Orange Drop Program (MHSW) from obligated stewards. Our relationship is exclusively with you—our stewards. We have no authority to interfere with commercial relationships or to influence if and how you pass on costs to your customers.
Please contact Canada Revenue Agency.
9. If I import products, when am I required to pay fees? When I sell the product, or when I take possession of it?
You are obligated to report to Stewardship Ontario all products supplied into the Ontario market during the data period covered in your quarterly report. A definition of “supplied” can be found in the Glossary of Key Terms in the Rules: Supplied means sold, leased, donated, disposed of, used, transferred the possession or title of or otherwise made available or distributed for use in the Province of Ontario. Supply and Supplies have similar meanings.
It is a document which signifies an agreement between a “Steward” and a “Reporter,” whereby the Reporter reports MHSM on behalf of the obligated Steward. Without the agreement, the obligated Steward would be responsible for reporting its own materials. In the agreement, the Reporter is not the brand owner, first importer and/or franchisor of the obligated materials. As part of the agreement, Stewardship Ontario directly invoices the obligated Steward upon receipt of the reports submitted by the Reporter.
The agreement must also be approved by Stewardship Ontario.
The Reporter’s Agreement replaces the previous Voluntary Remitter Form.
11. Is an out-of-province brand owner who ships directly to a retail customer in Ontario obligated to register and pay fees?
If the out-of-province brand owner does not meet the definition of having residency in Ontario, the first importer is obligated to register and pay fees.
It is important for obligated companies to understand that failure to register, report and pay associated fees could lead to prosecution by the Ministry of the Environment (MOE). We encourage all stewards, or potential stewards with questions, to contact Steward Services. Our Steward Services Representatives are the knowledge experts about program requirements and are able to help ensure that stewards are in compliance.