Mark Youden
Partner
Article
25
Provincial governments (and non-governmental agencies) have been busy implementing various innovative waste management programs to divert waste away from landfills. In 2021, important changes were implemented across all product categories, including tires, batteries, electronic products, packaging and printed paper, beverage containers, and hazardous and special products. Key changes include: i) new programs in jurisdictions that formerly did not have programs, ii) expanded product lists for existing programs, iii) shifts from product stewardship models to extended producer responsibility ("EPR") models, and iv) expanded regulatory enforcement mechanisms and activity.
Now more than ever, companies must stay on top of their obligations, as the consequences of non-compliance affect consumer perception and can result in direct financial consequences. For example, in December 2021 a Saskatchewan tire retailer was ordered to pay $217,000 in unremitted tire recycling fees, close to $7,000 in accounting fees (associated with the investigation) and a $1,400 fine.[1]
In this article, we provide: A) a primer on product stewardship and EPR and B) a snapshot of key changes that occurred in 2021, as well as what to expect for 2022 and beyond.
Canadian provinces have primarily focused on two types of waste diversion programs: EPR and product stewardship. These programs capture a wide range of products and packaging.
An important feature of these programs is that they shift responsibility for product waste away from governments and consumers and onto the producers of the products themselves, to varying degrees. As a result of these programs, producers are responsible for reporting and funding (in part or in full) the management of product waste.
Though often used interchangeably, there are important policy and financial differences between EPR and stewardship programs. EPR programs place full responsibility and costs onto producers whereas stewardship programs are partially funded by government or consumer-paid environmental fees. EPR programs are becoming increasingly common in Canada, because they incentivize producers to reduce their waste footprint.
British Columbia
2021
2022 and beyond
Alberta
2021
2022 and beyond
Saskatchewan
2022 and beyond
Ontario
2021
2022 and beyond
Quebec
2022 and beyond
New Brunswick
2021
Nova Scotia
2022 and beyond
Prince Edward Island
2021
Yukon
2022 and beyond
Northwest Territories
2021
As exemplified by this update, waste diversion programs will continue to evolve and companies must ensure they understand their obligations to maintain compliance. At Gowling WLG, our environmental law team has been monitoring these programs closely and have assisted many entities in meeting their EPR and stewardship requirements across Canada. If you have questions about your company's obligations, we encourage you to contact any member of our team.
[1]Saskatchewan Government, Saskatchewan Company Ordered to Pay Unremitted Tire Recycling Fees.
[2] Tire Stewardship BC, TSBC Announces Next Five-Year Extended Producer Responsibility (EPR) Draft Plan.
[3] BC Ministry of Environment and Climate Change Strategy, Advancing Recycling in B.C.: Extended Producer Responsibility Five-Year Action Plan 2021-2026.
[4] Recycling Regulation, BC Reg 449/2004.
[5] Hazardous Waste Regulation, BC Reg 63/88.
[6] Government of British Columbia, Proposed changes to the Hazardous Waste Regulation.
[7] BC Ministry of Environment and Climate Change Strategy, Hazardous Waste Regulation - Intentions Paper.
[8] Recycling Regulation, BC Reg 449/2004.
[9] Government of British Columbia, Recycling Regulation amendments and initiatives.
[10] Alberta Recycling Management Authority, Electronics Expanded.
[11] Bill 83, Environmental Protection And Enhancement Amendment Act, 2021, 2nd Sess, 30 Leg, Alberta , 2021 (assented to 2 December 2021).
[12] Government of Alberta, Improving Alberta's waste management approach.
[13] Government of Saskatchewan, The Household Packaging and Paper Stewardship Program Regulations and Multi-Material Recycling Program Discussion Paper.
[14] Household Packaging and Paper Stewardship Regulations, E-10.21 Reg 5.
[15] Ontario Resource Productivity & Recovery Authority, Electrical and Electronic Equipment.
[16] Blue Box Regulation, O Reg 381/21.
[17] Hazardous and Special Products Regulation, O Reg 449/21.
[18] Gowling WLG, Are you registered? Upcoming deadlines for Ontario's new "blue box" and "hazardous and special products" individual producer responsibility programs.
[19] Ontario Resource Productivity & Recovery Authority, Revised Tire Performance Audit Procedure now posted.
[20] Resource Recovery and Circular Economy Act, 2016, SO 2016, c 12, Sched 1.
[21] Government of Ontario, Proposed Administrative Penalties Regulation made under the Resource Recovery and Circular Economy Act, 2016.
[22] Government of Ontario, Proposed amendments to the producer responsibility regulations for tires, batteries and electrical and electronic equipment made under the Resource Recovery and Circular Economy Act, 2016.
[23] Government of Ontario, Proposed amendments to the producer responsibility regulations for tires, batteries and electrical and electronic equipment made under the Resource Recovery and Circular Economy Act, 2016.
[24] Ontario Resource Productivity & Recovery Authority, Stewardship Ontario consulting on simplified steward fee-setting methodology for Blue Box Program transition period.
[25] Ontario Resource Productivity & Recovery Authority, HSP producers are required to submit a report on their collection services and events by January 31, 2022.
[26] Draft Regulation, Recovery and reclamation of products by enterprises – Amendment, Gazette Officielle du Québec, Vol 153, No, 41.
[27] Regulation respecting the recovery and reclamation of products by enterprises, CQLR c Q-2, r 40.1.
[28] Designated Materials Regulation, NB Reg 2008-54.
[29] Retail Council of Canada, Reminder of registration for PPP program in New Brunswick; Government of New Brunswick, Waste-reduction program clears key hurdle.
[30] Bill 70, An Act to Amend the Beverage Containers Act, 1st Sess, 60 Leg, New Brunswick (assented to 17 December 2021).
[31] Bill 25, Extended Producer Responsibility and Paper and Packaging Act, 1st Sess, 64th Assembly, Nova Scotia (first reading 19 October 2021).
[32] Materials Stewardship and Recycling Regulations, PEI Reg EC349/14.
[33] Government of the Yukon, Learn about Extended Producer Responsibility.
[34] Government of Northwest Territories, Expanded Electronic and Electrical Product Recycling Pilot Launches.
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