The MHSW Program
The Municipal Hazardous and Special Waste (MHSW) Program is designed to collect consumer hazardous and special material so it can be recycled or disposed of safely.
The program is being implemented in phases. Phase one began in July 2008 and comprises nine materials. Phase two, known as the consolidated phase, begins on July 1, 2010 and encompasses a total of 22 materials (including the original nine).
The Ontario Minister of the Environment specified the materials to be collected in the MHSW Program and set out regulations under the Waste Diversion Act, 2002 directing Stewardship Ontario to develop, implement and operate it.
The program is funded entirely by the companies that make and market the designated materials in Ontario. These companies, called stewards, are obligated to register with Stewardship Ontario, submit a Steward’s Report and pay fees based on the materials they supply for sale or use in Ontario.
Through partnerships with municipalities, waste management companies, retailers and others, Stewardship Ontario uses the money to collect, transport and recycle or safely dispose of the waste. As a not-for profit organization, Stewardship Ontario raises only as much money as required to pay for the program. It is dedicated to a program of continuous improvement that will achieve program targets at the lowest possible cost.
Stewardship Ontario must also identify and notify companies that may be legally obligated, and set out the requirements they must follow to comply with the law.
How to Determine If Your Company is a Steward
A steward is a company resident in Ontario that is a brand owner or first importer supplying any of the 22 designated materials for sale or use in the Ontario market.
- Check the list of 22 designated materials
- Look at the Business Area and Designated Materials Chart to see if your company may be supplying any of the 22 designated materials.
- Go to the Reference Chart for Designated Materials to learn more about the materials, their definitions, some product examples and other information. (Updated January 29, 2010)
To Help Stewards with Their Reports
- Refer to the Steward Reporting Matrix (Updated February 1, 2010) to find material sub-categories and units of measure that will help put together the data for your first steward's report (due by the end of March).
- The Decision Process for MHSW with Multiple Properties (Updated January 5, 2010)provides more information on how to report materials/products that may fall into one or more of the designated material categories.
Legal Obligations of a Steward
For a full understanding of the legal requirements of the program, you will need to refer to the Steward Rules.
Stewardship Ontario is authorized to develop and operate the program under Ontario Regulation 542/06. Every year, Stewardship Ontario sets the Rules that stewards are too follow. The Rules include the definition of each designated material, a list of material fee rates, a payment and reporting timetable and other important information. There is also a section that clarifies the legal meaning of the various terms as they are used in the Rules.
It is important for obligated companies to understand that failing to register, report and pay fees in compliance with the Rules is an offense under the Waste Diversion Act and could lead to prosecution by the Ontario Ministry of the Environment.
| A note to Phase 1 Stewards: Companies that are obligated for any of the nine materials designated under the first phase of the program, are required to fulfill their reporting obligations under the Phase 1 Rules from January 1 to July 31, 2010. Please review the Phase 1 Rules to ensure your company is complying with its legal obligations. |
Registration, Reporting and Fee Payment
The consolidated phase of the MHSW Program begins on July 1, 2010. However, obligated companies must take steps before then to register and file their first Steward’s Report which is due by March 31, 2010. This report is called the ‘Annual 2009 MHSM Steward’s Report’ and must detail the quantities of all designated materials supplied for sale or use in Ontario in 2009. No fees are payable at this time.
| A note to Phase 1 Stewards: Need-to-Know, Issue 134, February 10, 2010 is dedicated to information about filing your March report. It includes an easy reference table on preparing your report. |
The information from the Annual 2009 MHSM Steward Reports will be used to calculate the fees that stewards will be required to pay beginning July 1, 2010 (see About the Fees below).
To prepare data for the Annual 2009 MHSM Steward’s Report, please refer to the Steward Reporting Matrix (updated February 1, 2010) for information on material subcategories and units of measure that can be used for reporting purposes. For more information on how to report materials/products that may fall into one or more of designated products, refer to Decision Process for MHSW with Multiple Properties (Updated January 5, 2010).
After the March 31, 2010 report, the next Steward’s Report is due by July 31, 2010.
About the fees
A preliminary schedule of fees is included in the Consolidated MHSW Program Plan. However, stewards should note that many of these fees will be recalculated once obligated companies submit their 2009 sales data (through the Steward’s Report due by March 31, 2009) This updated fee information will be provided to obligated companies prior to the start of the program on July 1, 2010.
Fees for each material category will be calculated annually based on how much it costs to manage the material in the program.
Some of these fees are marked as “Measured Return Share.” Measured Return Share means that fees will be based on each steward’s share of the cost of managing the designated products when they are returned by consumers for environmentally appropriate management.
Resource Materials for Stewards
For More Information
