In the latter half of 2023, Canadian governments and non-governmental organizations continued to develop innovative product stewardship and extended producer responsibility (EPR) programs with the goal of decreasing the amount of waste otherwise destined for landfills. These programs capture a wide range of product categories, including tires, batteries, electronics, packaging and printed paper (PPP) and beverage containers.
This article is the latest installment of Gowling WLG's ongoing bi-annual series that provides an overview of current developments in Canadian product stewardship and EPR programs.[1]
This review provides updates on new programs, expanded programs, key timelines and shifts from product stewardship to EPR models that took place in the latter half of 2023. We also provide high-level insights into forthcoming EPR and stewardship developments to watch for in early 2024.
In Canada, product stewardship and EPR programs continue to grow in number and scope. Companies must stay on top of these developments to maintain compliance (and to avoid the increasingly heavy enforcement actions available to regulators).
[2] Single-Use and Plastic Waste Prevention Regulation, OIC No. 461, July 14, 2023.
[4] Recycling Regulation, OIC No. 635, December 4, 2023. For tire products, a producer is a person who sells, imports, offers for sale or distributes a tire product and the owner or licensee of a trademark under which tire products are sold or distributed. For beverage containers, a producer is a person who manufactures in British Columbia a beverage sold in a container, a manufacturer's agent if manufactured outside of British Columbia, or a distributor or importer of beverage containers. A producer of other product categories is a person who manufacturers and uses in a commercial enterprise, sells, offers for sale, imports or distributes the product, and the owner or licensee of a trademark under which a product is used in a commercial enterprise, sold, offered for sale or distributed.
[11] Gazette Officielle du Québec, Part 2, Vol. 155, No. 35 : OC 1369-2023, Recovery and reclamation of products by enterprises – Amendment, August 23, 2023.
[16] Extended Producer Responsibility for Packaging, Paper Products and Packaging-Like Products Regulations, NS Reg 139/2023.