Mark Youden
Partner
Article
47
In 2022, Canadian governments and other organizations forged ahead with innovative stewardship and extended producer responsibility ("EPR") programs to decrease the amount of waste headed to landfills. These programs capture product categories such as tires, batteries, electronics, packaging and printed paper, beverage containers, and hazardous and special products.
This article is the third instalment of an ongoing series, published bi-annually, that explores current developments in Canadian product stewardship and EPR programs. Our first article provides a primer on product stewardship and EPR programs and compiles the key changes that occurred in 2021, and our second article compiles the key changes that occurred in the first half of 2022. The Gowling WLG environmental law team also discussed some of the key issues and trends in product stewardship and EPR programs in a recent webinar.
This review provides updates from the latter half of 2022, including with respect to new programs, expanded product lists for existing programs, and expanded regulatory enforcement mechanisms and activity at the federal and provincial/territorial levels. Further, it provides insight into what companies should expect in 2023 and beyond (but is by no means exhaustive).
2022
2023
2022
2023
Packaging-like products include items such as disposable food storage bags, wraps, and containers, cardboard moving boxes, and plastic plant pots.[18] Single-use products include items such as straws, stir sticks, utensils, plates, bowls, cups, and party supplies.[19]
2022
These new systems will not include products already captured by a provincially-regulated recycling program in Alberta.
Like EPR programs in other jurisdictions, producers will be fully responsible, both financially and operationally, for the collection and management of designated products after consumer use. Producers will also be responsible for collection services, achieving performance standards, and educating Albertans on the new regime.
Recognizing that producers will need time to develop and implement EPR systems, the Government of Alberta has set a deadline of April 1, 2024 for producers to provide verification of collection and management plans and a deadline of April 1, 2025 for EPR systems to be operational. The Government of Alberta has published EPR information for producers here.[22]
2022
To ensure compliance, producers were required to submit information regarding their current used batteries management system and used batteries tonnage to the RPRA on several dates in November 2022.[31]
2023
2022
2022
2022
2023
The Government of Yukon is hosting a number of online public information sessions throughout January 2023, and is soliciting feedback through a public survey and written responses via email until January 27, 2023.[70]
2023
As highlighted above, companies should be cognizant of the many changes that took effect in 2022 and will take place in 2023, including the new EPR program in Alberta and new enforcement powers in Ontario.
Gowling WLG will continue to monitor the evolution of product stewardship and EPR programs in Canada and publish bi-annual updates of important changes. If you have questions about your company's obligations under these programs, we encourage you to contact any member of our experienced environmental law team.
[1] Canadian Council of Ministers of the Environment, Guidance to Facilitate Consistent Extended Producer Responsibility Policies and Programs for Plastics, August 17, 2022 (updated in December 2022).
[2] Circular Materials, "Guidebook for Stewards," October 2022.
[3] Call2Recycle Canada, Inc., "Environmental Handling Fee (EHF) Product Guide," Released September 2022, effective January 2023.
[4] Call2Recycle Canada, Inc., "2023 Fee Schedule," Rates Effective January 1, 2023.
[5] Call2Recycle Canada, Inc., "Environmental Handling Fee (EHF) Product Guide," Released September 2022, effective January 2023 at p. 2.
[6] Call2Recycle Canada, Inc., "Environmental Handling Fee (EHF) Product Guide," Released September 2022, effective January 2023 at p. 3.
[7] Call2Recycle Canada, Inc., "Environmental Handling Fee (EHF) Product Guide," Released September 2022, effective January 2023 at p. 3.
[8] Call2Recycle Canada, Inc., "Environmental Handling Fee (EHF) Product Guide," Released September 2022, effective January 2023 at p. 3.
[9] Electronic Products Recycling Association, "What is a Steward".
[10] Electronic Products Recycling Association, "Provincial Program Product Definitions and Fees," January 3, 2023.
[11] Electronic Products Recycling Association, "What is a Steward".
[12] Recycle BC, "Packaging and Paper Product Extended Producer Responsibility Plan: Consultation Draft," September 29, 2022.
[13] Recycle BC, "Recycle BC Consultations".
[14] Recycling Regulation, BC Reg 449/2004.
[15] Lieutenant Governor in Council of British Columbia, Order in Council No. 370, June 29, 2020.
[16] British Columbia Ministry of Environment and Climate Change Strategy, "2020 Amendments to the Recycling Regulation Explanatory Notes," June 2020 at p. 3.
[17] British Columbia Ministry of Environment and Climate Change Strategy, "2020 Amendments to the Recycling Regulation Explanatory Notes," June 2020 at p. 3.
[18] British Columbia Ministry of Environment and Climate Change Strategy, "2020 Amendments to the Recycling Regulation Explanatory Notes," June 2020 at pp. 3-4.
[19] British Columbia Ministry of Environment and Climate Change Strategy, "2020 Amendments to the Recycling Regulation Explanatory Notes," June 2020 at p. 4.
[20] Canadian Electrical Stewardship Association, "Summary of Program Product Changes," Revised: October 2022 at p. 5; Canadian Electrical Stewardship Association, "Program Product Guide," Revised: November 2022 at p. 14.
[21] Extended Producer Responsibility Regulation, Alta Reg 194/2022.
[22] For a full overview of this new regulation, please see Gowling WLG's article "Shifting the Burden: Alberta launches new extended producer responsibility regulation".
[23] Resource Productivity & Recovery Authority, "Notice of Compliance Requirement - Action Required," September 7, 2022; Batteries Regulation, O Reg 30/20.
[24] Resource Productivity & Recovery Authority, "Notice of Compliance Requirement - Action Required," September 7, 2022; Batteries Regulation, O Reg 30/20.
[25] Resource Productivity & Recovery Authority, "Read RPRA's 2023 Business Plan," October 18, 2022.
[26] Resource Productivity & Recovery Authority, Business Plan 2023, October 18, 2022 at p. 4.
[27] Resource Productivity & Recovery Authority, Business Plan 2023, October 18, 2022 at p. 4.
[28] Batteries Regulation, O Reg 30/20.
[29] Resource Productivity & Recovery Authority, "Statement from the Registrar: Third update on the inspection of battery producer compliance under the Batteries Regulation," October 27, 2022; Resource Productivity & Recovery Authority, "Notice of Compliance Requirement," October 17, 2022.
[30] Resource Productivity & Recovery Authority, "Notice of Compliance Requirement," October 17, 2022.
[31] Resource Productivity & Recovery Authority, "Notice of Compliance Requirement," October 17, 2022.
[32] Batteries Regulation, O Reg 30/20.
[33] O Reg 553/22; Resource Productivity & Recovery Authority, "Tires, Batteries and Electrical and Electronic Equipment regulations amended," December 19, 2022.
[34] Resource Productivity & Recovery Authority, "Tires, Batteries and Electrical and Electronic Equipment regulations amended," December 19, 2022.
[35] O Reg 553/22 at s. 22.
[36] Electrical and Electronic Equipment Regulation, O Reg 522/20.
[37] O Reg 554/22; Resource Productivity & Recovery Authority, "Tires, Batteries and Electrical and Electronic Equipment regulations amended," December 19, 2022.
[38] Resource Productivity & Recovery Authority, "Tires, Batteries and Electrical and Electronic Equipment regulations amended," December 19, 2022.
[39] O Reg 554/22 at s. 19.
[40] Tires Regulation, O Reg 225/18.
[41] O Reg 552/22; Resource Productivity & Recovery Authority, "Tires, Batteries and Electrical and Electronic Equipment regulations amended," December 19, 2022.
[42] O Reg 552/22 at s. 22.
[43] Resource Productivity & Recovery Authority, "RPRA's Hazardous Waste Program Registry to open November 15, 2022," July 28, 2022; Resource Productivity & Recovery Authority, "RPRA's Hazardous Waste Program (HWP) Registry is now open!" November 15, 2022.
[44] Resource Productivity & Recovery Authority, "RPRA's Hazardous Waste Program Registry to open November 15, 2022," July 28, 2022; Resource Productivity & Recovery Authority Hazardous Waste Program Registry.
[45] Ministry of the Environment, Conservation and Parks, "Updates to the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste," December 21, 2022.
[46] Administrative Penalties Regulation, O Reg 558/22.
[47] Resource Productivity & Recovery Authority, "Government finalizes regulation giving RPRA power to issue monetary penalties," December 19, 2022.
[48] Resource Recovery and Circular Economy Act, 2016, SO 2016, c. 12, Sched 1.
[49] Resource Productivity & Recovery Authority, "Government finalizes regulation giving RPRA power to issue monetary penalties," December 19, 2022.
[50] Resource Productivity & Recovery Authority, "Government consulting on proposed Administrative Penalties Regulation," September 20, 2021.
[51] Resource Productivity & Recovery Authority, "Government finalizes regulation giving RPRA power to issue monetary penalties," December 19, 2022; Administrative Penalties Regulation, O Reg 558/22 at ss. 50 and 51.
[52] Resource Productivity & Recovery Authority, "Government finalizes regulation giving RPRA power to issue monetary penalties," December 19, 2022; Administrative Penalties Regulation, O Reg 558/22 at s. 44.
[53] Resource Productivity & Recovery Authority, "Government finalizes regulation giving RPRA power to issue monetary penalties," December 19, 2022.
[54] Electrical and Electronic Equipment Regulation, O Reg 522/20.
[55] Resource Productivity & Recovery Authority, "Understanding your Requirements as a Lighting Producer," November 2022.
[56] Resource Productivity & Recovery Authority, "Understanding your Requirements as a Lighting Producer," November 2022.
[57] Ministry of the Environment, Conservation and Parks, "A proposed regulation, and proposed regulatory amendments, to make producers responsible for operating blue box programs," June 3, 2021.
[58] Recyc-Québec, "Deux organismes de gestion maintenant désignés dans le cadre de la modernisation des systèmes de consigne et de collecte sélective," October 24, 2022.
[59] Designated Materials Regulation - Clean Environment Act, NB Reg 2008-54.
[60] NB Reg 2022-73, filed and in force Oct. 24, 2022; Clean Environment Act, RSNB 1973, c C-6.
[61] Recycle NB, "Packaging and paper program one step closer to reality," November 2, 2022.
[62] Designated Materials Regulation - Clean Environment Act, NB Reg 2008-54.
[63] Recycle NB, "Packaging and paper program one step closer to reality," November 2, 2022.
[64] Recycle NB, "Packaging and paper program one step closer to reality," November 2, 2022.
[65] Government of Prince Edward Island, "PEI recycling even more agricultural plastics," December 5, 2022.
[66] Government of Prince Edward Island, "PEI recycling even more agricultural plastics," December 5, 2022.
[67] Cleanfarms, "PEI – Product Stewardship Program Development.
[68] Cleanfarms, "Programs at a Glance".
[69] Government of Yukon, "Extended producer responsibility discussion paper," October 25, 2022 at p. 1.
[70] Government of Yukon, "Extended producer responsibility (EPR) in the Yukon"; Government of Yukon, "Government of Yukon seeking feedback on waste diversion in the territory," November 1, 2022.
[71] Waste Reduction and Recovery Act, SNWT 2003, c 29.
[72] Government of Northwest Territories, "Waste Reduction and Recovery Act," December 1, 2022; Government of Northwest Territories, "Amendments to the Waste Reduction and Recovery Act: Summary of Policy Intentions," at p. 5.
[73] Government of Northwest Territories, "Waste Reduction and Recovery Act," December 1, 2022.
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