Mark Youden
Partner
Article
32
Across Canada, governments and non-governmental agencies continue to implement various innovative waste management programs to divert waste away from landfills. These programs involve many product categories, including tires, batteries, electronic products, packaging and printed paper, beverage containers, and hazardous and special products.
This article is the latest instalment of Gowling WLG's ongoing bi-annual series that explores current developments in Canadian product stewardship and extended producer responsibility (EPR) programs.[1] This review provides updates for the first half of 2023, including new programs, expanded programs, and shifts from product stewardship to EPR models. We also provide insight into what companies can expect in the remainder of 2023 and beyond.
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Following these consultations, the federal government plans to publish a proposed regulatory framework for labelling and recycled content requirements, and draft instruments for the rules and proposed registry before the end of the year.[50]
Waste diversion programs will continue to evolve and companies must ensure they understand their obligations to maintain compliance. Gowling WLG continues to monitor these programs closely and will publish further biannual updates and other updates on key changes to these programs.
The environmental law team at Gowling WLG has 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] Please see our previous bi-annual updates: "Canadian product stewardship and EPR : A review of 2021 and beyond"; "Canadian product stewardship and EPR: 2022 summer update"; and "Canadian product stewardship and EPR: A review of 2022 and beyond".
[2] British Columbia Ministry of Environment and Climate Change Strategy, "What We Heard – Plastic and Single-Use Waste Reduction", March 2023.
[3] British Columbia Ministry of Environment and Climate Change Strategy, "CleanBC Plastics Action Plan", 2023.
[4] Extended Producer Responsibility Regulation, Alta Reg 194/2022.
[5] Government of Alberta, "Extended producer responsibility: information for producers," October 5, 2022.
[6] For a full overview of this new regulation, please see Gowling WLG's article "Shifting the Burden: Alberta launches new extended producer responsibility regulation".
[7] Alberta Recycling Management Authority, Extension of EPilot, December 23, 2022.
[8] Alberta Recycling Management Authority, Expanded Electronics Pilot Categories & Product Listings, May 2021.
[9] Alberta Recycling Management Authority, Electronics Recycling Program.
[10] Multi-Material Stewardship Western, "The Province of Saskatchewan has released updated regulations for the management of waste packaging and paper," March 31, 2023.
[11] Multi-Material Stewardship Western, "MMSW Program Plan Consultation".
[12] Multi-Material Stewardship Western, "MMSW Program Plan Consultation".
[13] Letter from the Honourable Kevin Klein, Minister of Environment and Climate, to Multi-Material Stewardship Manitoba, May 8, 2023.
[14] Government of Manitoba, "Proposed Transition for Residential Blue Bin Recycling".
[15] Resource Productivity & Recovery Authority, "Statement from the Registrar: Fifth update on the inspection of battery producers' compliance with the Batteries Regulation," May 2, 2023.
[16] Resource Productivity & Recovery Authority, "Statement from the Registrar: Fifth update on the inspection of battery producers' compliance with the Batteries Regulation," May 2, 2023.
[17] Blue Box Regulation, O Reg 391/21.
[18] Ministry of Environment, Conservation and Parks, "Amendments to the Blue Box Regulation to expand deductions for producers," June 29, 2023.
[19] Ministry of Environment, Conservation and Parks, "Amendments to the Blue Box Regulation to expand deductions for producers," June 29, 2023.
[20] Ministry of Environment, Conservation and Parks, "Amendments to the Blue Box Regulation to expand deductions for producers," June 29, 2023.
[21] Blue Box Regulation, O Reg 391/21.
[22] Resource Recovery and Circular Economy Act, 2016, SO 2016, c 12, Sched 1.
[23] Resource Productivity & Recovery Authority, "Registrar's Statement: blue box producers must sign up with a producer responsibility organization or establish their own collection system before July 1, 2023," June 1, 2023.
[24] Resource Productivity & Recovery Authority, "Registrar's Statement: blue box producers must sign up with a producer responsibility organization or establish their own collection system before July 1, 2023," June 1, 2023.
[25] Stewardship Ontario, "blue box transition," 2023.
[26] Gazette Officielle du Quebec, June 21, 2023, Vol. 155, No. 25.
[27] Éco Entreprises Québec, "Coming into force of the 2023 Schedule of Contributions," June 21, 2023.
[28] Éco Entreprises Québec, "Funding for curbside recycling in Quebec: Declaration 2023: all producers must become members of Éco Entreprises Québec and special participation to fund EPR", June 21, 2023.
[29] Gazette Officielle du Québec, Part 2, Vol. 154, No. 24, OC 933-2022: Regulation to amend the Regulation respecting the recovery and reclamation of products by enterprises.
[31] Environment Quality Act, c Q-2.
[32] Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs, " La collecte sélective modernisée," 2023.
[33] Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs, " La collecte sélective modernisée," 2023.
[34] Designated Materials Regulation, NB Reg 2008-54.
[35] Clean Environment Act, RNSB 1973, c C-6.
[36] Recycle NB, "Beverage Containers - Overview," 2023.
[37] Recycle NB, "Beverage Containers – Brand Owners," 2023.
[38] Recycle NB, "Beverage Containers - Registration," 2023.
[39] Circular Materials Atlantic, "New Brunswick Stewardship Plan for Packaging and Paper," March 22, 2023.
[40] Circular Materials Atlantic, "Program Overview," 2023.
[41] Multi-Materials Stewardship Board, "What We Heard, Phase 2 Consultation Report," March 2023.
[42] Multi-Materials Stewardship Board, "What We Heard, Phase 2 Consultation Report," March 2023.
[43] Government of the Northwest Territories, "What We Heard, Waste Reduction and Recovery Act," March 2023.
[44] Government of the Northwest Territories, "Plain Language Summary, Bill 78: Waste Reduction and Resource Recovery Act," March 29, 2023.
[45] Government of Yukon, "Extended producer responsibility (EPR) in the Yukon," 2023.
[46] Government of Yukon, "Executive Summary - What We Heard - Extended Producer Responsibility," June 28, 2023; Government of Yukon, "What We Heard Report - Extended Producer Responsibility," June 28, 2023.
[47] Government of Yukon, "Learn about Extended Producer Responsibility".
[48] Government of Canada, "Developing rules for recyclability and compostability labelling and a federal plastics registry – what we heard," 2023.
[49] Government of Canada, "Developing rules for recyclability and compostability labelling and a federal plastics registry – what we heard," 2023.
[50] For a full overview of these measures, please see Gowling WLG's article "Canada proposes significant regulation of consumer facing plastics".
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