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.
A. The 2022 summer update
In our January 21, 2022 article, we provided a primer on product stewardship and extended
producer responsibility (“EPR“)
programs, and a snapshot of key changes that occurred in 2021 and
were expected to occur in 2022. This article is the second
instalment in a bi-annual series that will provide updates on
Canadian product stewardship and EPR programs.
Key changes can 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
EPR models, and iv) expanded regulatory enforcement mechanisms and
activity.
We also note several general updates about Canadian waste
management and diversion.
B. How have programs already changed in 2022, and what changes
are expected in the rest of 2022 and beyond?
Alberta
Upcoming changes
- In our previous update, we noted that the Alberta government is
developing an EPR framework for Alberta pursuant to the
Environmental Protection and Enhancement Amendment Act.
Consultation on this framework ended on January 21, 2022, and the
results are currently under review with draft regulations to
follow.1 The Alberta government had originally planned
to release the regulations in the spring of 2022, but has shifted
the release to fall 2022. Once an EPR regulation comes into force,
there will be a 28-month transition period to allow producers and
producer responsibility organizations
(“PROs“) to establish collections
systems and register with the EPR oversight body.
Saskatchewan
Upcoming changes
- On May 11, 2022, the Government of Saskatchewan released draft
Household Packaging and Paper Stewardship
Regulations,2 which govern the distribution of
packaging and printed paper (“PPP“) to
Saskatchewan households by businesses. The regulations are intended
to ensure a successful, efficient and sustainable program to handle
the recycling of PPP. The draft regulations propose transitioning
to a full EPR model, where industry assumes full operational and
financial responsibility for collecting and recycling PPP in
Saskatchewan. The Government of Saskatchewan also recently released
a summary of the proposed changes between the current and proposed
regulatory frameworks.3 The Ministry’s engagement
process on the proposed regulations spanned from May to June 30,
2022.
Manitoba
Upcoming changes
- On June 3, 2022, Multi-Material Stewardship Manitoba
(“MMSM“) re-submitted its draft
Transition Plan outlining its shift to a full EPR model for
Manitoba’s PPP program to the Minister of Environment, Climate
and Parks.4 The revised draft reflects feedback received
from the Department of Environment, Climate and Parks on April 6,
2022. Specifically, this plan sets out the process by which MMSM
will assume both operational and financial responsibility and
accountability for PPP collection and management in Manitoba.
Following a 30-day consultation period that concluded on August 15,
2022, the government of Manitoba plans to review all responses and
request any necessary revisions to the plan.
Ontario
2022
- On April 14, 2022, amendments5 to the Ontario
Blue Box Regulation under the Resource Recovery and
Circular Economy Act, 20166
(“RRCEA“) came into effect.
These amendments seek to clarify the process for creating the
province-wide system for collecting Blue Box materials that will be
operated by “PROs” on behalf of
producers. Amendments of particular relevance are as follows:
- each producer is responsible for providing Blue Box collection
to every residence or facility in eligible communities in
Ontario; - rule creators and the rule creation process, including the
allocation table, have been removed; and - PROs that, either on their own or with another PRO, represent
producers that supply more than 66% of Blue Box material tonnage
are required to submit a report on how they will operate the Blue
Box system. The report was due to the Resource Productivity and
Recovery Authority (“RPRA“) by July 1,
2022.7
- each producer is responsible for providing Blue Box collection
- On June 3, 2022, the RPRA posted the final 2022 RRCEA
Program Fees for Ontario producers,8 opened the Supply
Reporting Registry for producers,9 and included specific
requirements for what producers need to report. Producers can
access the Report from their dashboard by logging onto their
Registry account.10 Producers of batteries and ITT/AV
were required to submit their 2022 Supply Data Report and pay their
annual program fee by July 4, 2022.11 - Under the Ontario Blue Box Regulation, municipalities
and other eligible communities are required to report to RPRA about
current blue box programs to help facilitate the transition to full
producer responsibility.12 Reporting is now open for
communities transitioning to full producer responsibility in 2024.
Such communities are required to submit their Transition Report to
RPRA by August 31, 2022. For guidance on completing the Transition
Report, see RPRA’s Municipal and First Nation Reporting
Guide.13 - On July 21, 2022, the RPRA’s Registrar issued a statement
reminding producers and PROs of their obligations under the
Ontario Blue Box Regulation.14 Under
the Blue Box Regulation, all producers have an obligation to
establish a collection system and ensure it is in place by July 1,
2023. According to this statement, the Registrar considers the
readiness of the Blue Box System on July 1, 2023 a “high
priority matter.”
Upcoming changes
- The RPRA is consulting with stakeholders in Ontario on
Enhancing Public Reporting of Resource Recovery Data and RPRA
Compliance Activities.15 The RPRA is seeking feedback
from stakeholders on what enhancements can be made to its public
reporting of resource recovery and compliance
information.16 Interested parties can review the
RPRA’s proposal for enhanced public reporting,17 and
can submit feedback to [email protected]. The deadline for
comments was August 5, 2022. - On April 14, 2022, the Registrar of the RPRA released a
statement regarding the used battery collection system in
Ontario.18 This statement noted the existence of an
ongoing dispute between Call2Recycle Canada Inc., a PRO operating a
battery collection and recycling system in Ontario on behalf of its
battery producer clients, and Raw Materials Company Inc., an
Ontario-based battery processor, which has resulted in a
significant reduction of used battery collection sites in Ontario.
This dispute is outside the purview of the Batteries
Regulation,19 but its impact on the battery
collection system is not. RPRA’s Compliance and Enforcement
Team is currently reviewing battery producers’ compliance with
the Batteries Regulation. Any orders issued related to
this matter will be publicly disclosed on the RPRA’s website. A
follow up statement will be issued at the conclusion of the
inspection.
Quebec
2022
- On May 4, 2022 the Quebec government made amendments to the
Compensation for municipal services provided to recover and
reclaim residual materials regulations under the
Environment Quality Act.20 The amendments
require that, not later than June 30 each year, every municipality
is required to send a declaration to the Société
québécoise de récupération et de
recyclage stating the quantity of material subject to compensation
that was recovered and reclaimed and the net cost of the services
the municipality provided for the collection, transportation,
sorting and reconditions of those materials. The amendments further
require that, not later than December 31 of the year in which the
current schedule expires, a certified recycling agency (e.g.,
Éco Entreprises Québec and RecycleMédias) must
send its proposed schedule regarding payment of contributions to
Société québécoise de
récupération et de recyclage. - On June 1, 2022, the Government of Quebec enacted
amendments21 to the Regulation respecting the
recovery and reclamation of products by
enterprises22 under the Environment Quality
Act.23 The amendments modify the current regime
surrounding recycling and EPR in Quebec. Some of these changes
include:
- addition or expansion of categories of products that are
subject to EPR, including small sealed lead-acid batteries,
agricultural plastics, pharmaceutical products, and pressurized
fuel containers between 2023 and 2025; - addressing online sales made by companies outside Quebec;
and - removal of electric vehicles from the products covered by this
amendment, with the government and industry planning to set up a
voluntary recovery program next year instead.
- addition or expansion of categories of products that are
- On June 8, 2022, the Government of Quebec published the
Regulation respecting a system of selective collection or
certain residual materials.24 The purpose of this
regulation is to require persons who commercialize, market or
otherwise distribute products in containers or packaging or printed
matter to develop, implement and contribute financially to a system
of selective collection of residual materials generated to allow
them to be recovered and reclaimed. The regulation defines
“containers and packaging” as a product made of flexible
or rigid material such as paper, cardboard, plastic, glass or
metal, and any combination of such materials, excluding pallets
designed to facilitate the handling and transportation of a number
of sales units or grouped packagings. The regulation defines
“printed matter” as any product made of paper and other
cellulosic fibres, whether or not used as a medium for text or
images, except books with a useful life of more than 5 years. - On July 7, 2022, two regulations regarding the modernization of
Quebec’s deposit and selective collection systems came into
force, the Regulation respecting the development,
implementation and financial support of a deposit system for
certain containers25 and the Regulation on a
curbside selective collection system for certain residual
materials,26 respectively. These regulations
require entities who distribute products in containers or packaging
to develop, implement and fund a deposit-refund system and a
collection system for these containers and packaging. - On July 13, 2022, the Quebec Minister of Environment and the
Fight Against Climate Change approved the schedule of contributions
established by Éco Entreprises Québec and
RecycleMédias for the year 2022.27 Under the
Environment Quality Act, municipalities and Aboriginal
communities, represented by their band councils, must be
compensated for the services provided by the municipalities or
Aboriginal communities to ensure that the materials designated by
the Government under the Environment Quality Act are
recovered and reclaimed. Éco Entreprises Québec and
RecycleMédias both conducted special consultation before
establishing the schedule of contributions applicable for 2022 for
the “containers and packaging”, “printed
matter”, and “newspapers” classes of materials.
Upcoming changes
- On January 26, 2022, the Quebec government tabled draft
Regulations for a system of selective collection of certain
residual materials.28 The draft Regulations cover
containers and PPP and will create an EPR system. The transition to
the new system is set to begin in fall 2022 and end on January 1,
2025. The consultation period for the draft Regulations closed on
March 11, 2022.
C. Next steps
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 updates as information becomes
available.
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.
Footnotes
1. Government of Alberta, Extended Producer Responsibility
Engagement.
2. The Household Packaging and Paper Stewardship
Program Regulations, 2022, RRS c E-10.22 Reg
9.
3. Government of Saskatchewan, “The Household Packaging and Paper Stewardship
Program Regulations: Summary of Proposed Regulatory
Changes“.
4. Multi-Material Stewardship Manitoba, “MMSM Draft Transition Plan,” June 3,
2022.
5. O. Reg. 349/22: BLUE BOX.
6. Resource Recovery and Circular Economy
Act, 2016, S.O. 2016, c. 12.
7. Ontario Resource Productivity and Recovery Authority,
“Blue Box Pros“.
8. Ontario Resource Productivity and Recovery Authority,
“2022 RRCEA Program Fees for Tires, ITT/AV and
Batteries, Lighting, HSP, and Blue Box,” June
2022.
9. Ontario Resource Productivity and Recovery Authority,
“The Registry is now open for 2020 Tire, Batteries
and ITT/AV Supply Reporting,” June 3, 2022.
10. Ontario Resource Productivity and Recovery Authority,
Registry Sign In.
11. Ontario Resource Productivity and Recovery Authority,
“The Registry is now open for 2020 Tire, Batteries
and ITT/AV Supply Reporting,” June 3, 2022.
12. Ontario Resource Productivity and Recovery Authority,
“Municipal reporting under the Blue Box Regulation
now open for communities transitioning in 2024,” July 12,
2022.
13. Ontario Resource Productivity and Recovery Authority,
Municipal and First Nation Reporting Guide, July
2022.
14. Ontario Resource Productivity and Recovery Authority,
“Statement from the Registrar: Establishment of the
Blue Box System,” July 21, 2022.
15. Ontario Resource Productivity and Recovery Authority,
“RPRA launches consultation on Enhancing Public
Reporting of Resource Recovery Data and RPRA Compliance
Activities,” June 22, 2022.
16. Reported resource recover information currently
available is posted here.
17. Ontario Resource Productivity and Recovery Authority,
“Consultation: Enhancing Public Reporting of
Resource Recovery Data and RPRA Compliance Activities,”
June 22 – August 2, 2022.
18. Ontario Resource Productivity and Recovery Authority,
“Statement from the Registrar: Used Battery
Collection System,” April 14, 2022.
19. O. Reg. 30/20: BATTERIES.
20. Gazette Officielle du Québec, Part 2, Vol.
154, No. 20: O.C. 770-2022, Compensation for municipal services provided
to recover and reclaim residual materials—
Amendment, May 4, 2022.
21. 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.
22. Regulation respecting the recovery and
reclamation of products by enterprises, c Q-2, r.
40.1.
23. Environment Quality Act, c
Q-2.
24. Gazette Officielle du Québec, Part 2, Vol.
154, No. 25: O.C. 973-2022, Regulation respecting a system of selective
collection of certain residual materials, June 8,
2022.
25. Regulation respecting the development,
implementation and financial support of a deposit-refund system for
certain containers, chapter M-30.001, s. 15.4.40, 1st
par., subpar. 19.
26. Regulation respecting a system of selective
collection of certain residual materials, chapter
M-30.001, s. 15.4.40, 1st par., subpar. 19.
27. Gazette Officielle du Québec, Part 2, Vol.
154, No. 25: Order of the Minister of the Environment and
the
Fight Against Climate Change dated 23 June
2022.
28. Gazette Officielle du Québec, Part 2, Vol.
154, No. 04: Draft Regulations for a system of selective
collection of certain residual
materials.
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