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 developments in product stewardship and extended producer responsibility ("EPR") programs across Canada.1 This review provides updates for the first half of 2024, including new and expanded programs and shifts from product stewardship to EPR models. We also provide insight into what companies can expect in the remainder of 2024 and beyond.
Table of contents
- British Columbia
- Alberta
- Saskatchewan
- Manitoba
- Ontario
- New Brunswick
- Nova Scotia
- Prince Edward Island
- Northwest Territories
- Yukon
How have programs already changed in 2024, and what changes are expected in the rest of 2024 and beyond?
British Columbia
Recent developments
- As of July 15, 2024, pursuant to the British Columbia's Single-Use and Plastic Waste Prevention Regulation, oxo-degradable plastics and some plastic films will be prohibited in British Columbia.2 To support the implementation of the regulation, the province has published guidance to help companies understand affected products and relevant timelines.3
Alberta
Recent developments
- Registration remains open for the Alberta Recycling Management Authority ("ARMA") packaging and printed paper ("PPP") and hazardous and special products ("HSP") EPR programs.4 Obligated PPP producers were required to submit verification of collection and management plans for the EPR program until April 1, 2024, and HSP producers must submit verification of collection and management plans to the ARMA by Oct. 1, 2024. Both programs will become operational by April 1, 2025.5
Saskatchewan
Recent developments
- On May 14, 2024, the Saskatchewan Ministry of Environment approved Multi-Material Stewardship Western's Household Packaging and Paper Stewardship Program Plan.6 The transition to an EPR program from the previous stewardship program will begin Dec. 1, 2024, with the transition anticipated to be complete by the end of 2027.7
Manitoba
Upcoming changes
- The current PPP stewardship program in Manitoba, overseen by Multi-Material Stewardship Manitoba ("MMSM"), is undergoing a transition. MMSM aims to establish an EPR program for PPP by March 31, 2026.8
Ontario
Recent developments
- On July 4, 2024, the Government of Ontario announced that it will not implement a deposit and return system on non-alcoholic beverage containers, a program that had been under consideration by the government for the last few years. Non-alcoholic beverage containers will continue to be recycled via the province's blue box program, an EPR program for PPP overseen by the Resource Productivity and Recovery Authority ("RPRA").
- On June 28, 2024, the RPRA issued its first administrative penalty for non-compliance with the Blue Box Regulation. Casper Sleep Inc. was issued a penalty of $340,457.04 for non-compliance with sections 19 and 69 of the Regulation, which required obligated PPP producers to establish and operate a collection system and implement a promotion and education program for that system by July 1, 2023.9
- On April 26, 2024, the RPRA updated the registry procedures that establish audit and verification requirements for batteries, electrical and electronic equipment, and tires under the Resource Recovery and Circular Economy Act, 2016. The registry procedures for Hazardous and Special Products were also updated on July 19, 2024. The purpose of the update was to increase producer compliance, data quality, and accuracy to better align with current producer responsibility regulations in Ontario.10 Many producers and PROs have been exempted from performance audit (although not performance report) requirements in 2024 based on feedback received during consultations.11
Upcoming changes
- The RPRA is currently conducting voluntary public consultations which will impact the battery, electrical and electronic equipment, and Hazardous and Special Products extended producer responsibility programs.12 The consultations focus on: (i) recycling efficiency rate calculation and verification procedures (consultations ongoing), and (ii) compliance guidance for buying and selling performance credits (phase 2 ongoing until the end of summer).
New Brunswick
Recent developments
- As of May 1, 2024, Phase 1 of the Recycle NB PPP EPR program is operational, covering six regions in the province. The remaining six regions will transition to full operation by Nov. 1, 2024.13
Upcoming changes
- In May 2024, the Government of New Brunswick published draft amendments14 to the Designated Materials Regulation,15 covering all EPR programs in the province including packaging and printed paper products and electronics. The amendments create a common producer hierarchy for all programs and create new EPR programs for standalone batteries and lights while expanding the current program for electronics. If approved, the amended regulations would come into effect on Jan. 1, 2026.
Nova Scotia
Recent developments
- As of July 1, 2024, Call2Recycle will oversee a new EPR program for batteries in Nova Scotia,16 pursuant to the Solid Waste-Resource Management Regulations.17 This program covers single-use and rechargeable batteries, but not those contained in products otherwise covered by the regulations (e.g., electronic products).
- Amendments to the Solid Waste-Resource Management Regulations require that EPR programs for batteries, lamps and small household appliances come into effect between June 1 and Jan. 1, 2025.
Upcoming changes
- The Nova Scotia PPP EPR program, which is overseen by Divert NS, will be operational by Dec. 1, 2025. Producers must provide initial reporting from 2023 by Oct. 1, 2024.18
Prince Edward Island
Recent developments
- On June 21, 2024, the Government of Prince Edward Island announced19 that it would be adding further electronic devices to its electronics stewardship program pursuant to amendments to the Materials Stewardship and Recycling Regulations.20 The amendments will come into force on Oct. 1, 2024.
Northwest Territories
Upcoming changes
- On Feb. 26, 2024, The Northwest Territories Standing Committee on Economic Development and Environment asked for a response from the Government of Northwest Territories regarding the Committee's report on the Waste Reduction and Resource Recovery Act (Bill 78), which enables the establishment of EPR in the territory.21 Future updates are expected to both the Electronic Recycling Regulations and Beverage Container Regulations to align the regulations with Bill 78. The Government of Northwest Territories is currently working to expand the types of acceptable materials for recycling and continuing their efforts to open a second recycling facility in Yellowknife.
Yukon
Recent developments
- On Jan. 25, 2024, the Extended Producer Responsibility Regulation came into effect, continuing Yukon's implementation of EPR in the territory.22 The regulation sets out the requirements for producers to manage PPP and HSP that have reached the end of their life cycle. EPR is expected to be in place in the territory by 2025.
Upcoming changes
- Starting in early 2025, Call2Recycle will oversee a new EPR program for batteries in Yukon pursuant to the Extended Producer Responsibility Regulation.23 This program will apply to removable single-use and rechargeable batteries.
Next steps
As highlighted above, EPR and stewardship programs across Canada continue to grow in number and scope. As these requirements evolve, companies must ensure they understand their obligations to maintain compliance and to navigate this changing landscape. Gowling WLG continues to monitor these programs closely and will publish further biannual updates and other updates on key changes to these programs.
Footnotes
1. https://gowlingwlg.com/en/insights-resources/articles/2024/canadian-product-stewardship-and-epr-2023-review, https://gowlingwlg.com/en-ca/insights-resources/articles/2023/canadian-product-stewardship-epr-2023-update, https://gowlingwlg.com/en-ca/insights-resources/articles/2023/canadian-product-stewardship-epr-2022-review, https://gowlingwlg.com/en-ca/insights-resources/articles/2022/canadian-product-stewardship-epr-2022, https://gowlingwlg.com/en-ca/insights-resources/articles/2022/canadian-product-stewardship-epr-2021-review
2. Single-Use and Plastic Waste Prevention Regulation, OIC No. 461, Part 2, 3 and s. 11 of Part 4.
3. Government of British Columbia, Reduce single-use.
4. ARMA Connect, Registration.
5. ARMA, Producers.
7. MMSW, Moving to Full EPR in Saskatchewan.
8. MMSM, Full EPR Transition Plan Development.
9. RPRA, Administrative Penalty Order.
10. RPRA, RPRA's Updated Registry Procedures for Electrical and Electronic Equipment (EEE), Batteries, and Tires Regulations Now Available on the Environmental Registry of Ontario; RPRA's Updated Registry Procedure for Hazardous and Special Products (HSP) is Now Available on the Environmental Registry of Ontario.
11. RPRA, RPRA Will not Requirement a Performance Audit Report in 2024 for Batteries, ITT/AV and Lighting; RPRA Will not Require HSP Producers or PROs to Submit a Performance Audit Report in 2024.
12. RPRA, Current and Upcoming Consultations.
13. Recycle NB, New Brunswick's transition to extended producer responsibility for packaging and paper expands across the province.
14. Draft Amendments, Designated Materials Regulation, NB Reg 2008-54.
15. Designated Materials Regulation, NB Reg 2008-54.
16. Call2Recycle, Give your batteries new life, Nova Scotia. Recycle Them!.
17. Solid Waste-Resource Management Regulations, NS Reg 25/96.
18. Divert NS, For Producers of Recyclable Packaging and Paper.
19. Government of Prince Edward Island, Prince Edward Island expands recycling program, adds electronics like smart watches.
20. Materials Stewardship and Recycling Regulations, PEI Reg EC349/14.
21. Government of Northwest Territories, Government of the Northwest Territories Response to Committee.
22. Extended Producer Responsibility Regulation, YOIC 2024/19.
23. Call2Recycle, Regulatory Update – Yukon.
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