EPR Packaging Laws in Canada: Where are we now?
EPR Laws for Packaging in Canada: Where Are We Now?
In Canada, Extended Producer Responsibility (EPR) laws for packaging require obligated producers to join Producer Responsibility Organizations (PROs), report packaging data, and pay fees to sell their products in most provinces.
What is Extended Producer Responsibility for Packaging?
Extended Producer Responsibility (EPR) is an environmental policy that makes “producers” accountable for the entire lifecycle of the packaging used to sell and ship their products. Specifically, producers—including manufacturers, importers, and retailers—must manage the collection, recycling, and disposal of the packaging materials they introduce into the market. Consequently, this approach ensures that responsibility for packaging extends beyond just the point of sale.
In Canada, Extended Producer Responsibility (EPR) for packaging collects fees that directly support building the infrastructure needed to manage the collection, recycling, and environmentally sound disposal of packaging materials.
Consequently, these efforts aim to reduce the environmental footprint of packaging waste and promote a circular economy. By doing so, they ensure that materials are reused and recycled as much as possible.
Each Canadian province actively manages its own waste and recycling programs. For example, British Columbia, Saskatchewan, Manitoba, Ontario, New Brunswick, Alberta, Quebec, and Nova Scotia have implemented legislation that requires businesses to fund packaging recycling systems, either fully or partially. As a result, these provinces ensure that businesses contribute to the sustainability of packaging waste management.
In 2019, the Canadian Council of Environment Ministers introduced the Canada-wide Action Plan on Zero Plastic Waste. This plan aims to have all provinces transition to full extended producer responsibility (EPR) programs. Therefore, it establishes a clear goal for comprehensive waste management system across Canada.
Who must report packaging data, and who is considered a producers?
In Canada, a “producer” of packaging is generally defined as any entity that supplies packaging materials to consumers. These producers are responsible for managing the end-of-life of their packaging materials, ensuring they are collected, recycled, or disposed of in an environmentally responsible manner. The obligated entity is based on residency through a hierarchy structure.
- The first obligated party is the manufacturer or company that owns the brand of the product being packaged. If the brand owner is a resident of Canada, they are considered the producer.
- If the first obligated party is not a Canadian resident, the obligation falls to the first entity that imports products and their packaging into the reporting province.
- If there is no identifiable brand owner or importer, the retailer who supplies the packaging to consumers is considered the producer and becomes the obligated entity.
In addition:
- If the retailer who is considered the ‘producer’ is in fact a marketplace seller, the marketplace facilitator then becomes the obligated producer.
- If the producer is a business that is a franchise, the franchiser is the obligated producer in each province in which it has franchisees.
Generally, the hierarchy follows this structure, although each province is different. If you are unsure if your business has compliance obligations, you may want to request an EPR assessment.
Which Canadian provinces have Enacted EPR Laws for Packaging?
In Canada, most provinces or territories have already enacted EPR legislation. The four that have yet to do so are PEI, Newfoundland and Labrador, Nunavut and Northwest Territories. An overview of those with current EPR legislation can be found below.
British Columbia
Since 2014, BC has had Canada’s first EPR program for packaging. It has consistently met its recovery targets. British Columbia Regulation 255/23: Recycling Regulation.
Key Timelines for British Columbia’s EPR Law for Packaging
- May 31: Annual Reporting Deadline
Alberta
New EPR regulations were passed in 2022, with implementation starting in 2025. Obligated producers must register with the Alberta Recycling Management Authority (ARMA).Alberta Regulation 194/22: Extended Producer Responsibility Regulation
Key Timelines for Alberta’s EPR Law for Packaging
- May 31, 2024: 2022 and 2023 data due in the WeRecycle Portal
- June 30, 2024: Alberta 2022 and 2023 data due to ARMA; Circular Materials assists producers in submitting this data
- April 1, 2025: Operational start of the new system for registered communities with existing service as of November 30, 2022
- October 1, 2026: Operational start of the new system for registered communities without existing service as of November 30, 2022
Saskatchewan
Transitioning similarly to Manitoba with a phased approach starting in 2024. The draft plan is akin to Manitoba’s. Saskatchewan Regulation E‑10.22 REG 9: The Household Packaging and Paper Stewardship Program Regulations, 2023
Key Timelines for Saskatchewan’s EPR Law for Packaging
- May 31: Annual Reporting Deadline
Manitoba
Moving from partial to full industry-funded recycling through Multi-Material Stewardship Manitoba (MMSM), which will become the sole PRO. Manitoba Regulation 195/08: Packaging and Printer Paper Stewardship Regulation
Key Timelines for Manitoba’s EPR Law for Packaging
- May 31: Annual Reporting Deadline
Ontario
Transitioning to full EPR, starting community-by-community until 2025. Ontario Regulation 391/21: Blue Box
As of August 2024, 184 eligible communities that have transitioned to date, with 11 more pending by the end of 2024. Recently transitioned communities include the Municipality of Essex-Windsor, with the next big communities to transition being Brampton, Caledon and Mississauga on October 1, 2024. There are still 187 communities to transition in 2025.** (**these numbers do not include First Nations Communities).
In the new structure, Circular Materials (CM) serves a dual role. They are both a Producer Responsibility Organization (PRO) in charge of running a post-collection system for Blue Box material on behalf of its producers and the administrator of the common collection system for Blue Box materials. H2 Compliance and Ryse Solutions are the other PROs in Ontario. RLG Systems Canada is the operator of the system.
Producers of the “Blue Box material” are required to pay all costs associated with packaging waste management through one of the Producer Responsibility Organizations (PROs) listed above.
Key Timelines for Ontario’s EPR Law for Packaging
- May 31: Annual Reporting Deadline
Quebec
As of 2021, the updated Environmental Quality Act requires a PRO to handle the deposit and selective collection systems. Quebec Regulation Q‑2, r. 46.01: Regulation respecting a system of selective collection of certain residual materials
Two entities have been designated by Recyc-Quebec to oversee these systems, and complete EPR is anticipated by 2025.
The breadth of Quebec’s new EPR framework sets it apart from the other provinces, as it covers all generators, not only those in the residential, public space, and educational sectors. Producers will need to report products intended for the industrial, commercial, and institutional (IC&I) sector beginning in 2025 and businesses that produce these materials will need to make modifications based on this significant development.
Key Timelines for Quebec’s EPR Law for Packaging
- Reports due 60 Days after the Schedule of Contribution is published by EEQ
New Brunswick
Brand owners required to register with Recycle NB as the province transitions to EPR. Circular Materials is the sole PRO designated for New Brunswick. New Brunswick Regulation 2008–54: Designated Materials Regulation – Clean Environment Act.
Key Timelines for New Brunswick’s EPR Law for Packaging
- May 31: Annual Reporting Deadline
Nova Scotia
Implementing EPR by 2025, with producers required to register with Divert NS. Details on both materials and PROs is still pending. N.S. Reg. 139/2023: Extended Producer Responsibility for Packaging, Paper Products and Packaging-Like Products Regulations
Key Timelines for Nova Scotia’s EPR Law for Packaging
- August 2, 2023: Release of Packaging EPR Regulations
- January 1, 2024: Producers register with Divert NS
- September 1, 2024: Deadline for 2024 report (2023 data) submission
- October 1, 2024: Producers submit 2023 data to Divert NS
- December 1, 2025: EPR implementation
The Yukon Territory
New EPR regulations for packaging and paper products in the Yukon went into effect on January 25, 2024. The Deposit Return System for the territory already covers beverage, dairy, and creamers; therefore, the requirements only apply to food cartons (soups, broths, etc.). Yukon Regulation O.I.C. 2024/19: Extended Producer Responsibility Regulation.
Key Timelines for Yukon’s EPR Law for Packaging
- Enforcement of regulations by October 1, 2025
What Producers Need to Do to Comply with Packaging EPR Laws in Canada
To meet their obligations, producers must gather key attributes of packaging placed on the market in relevant jurisdictions and report that data to PROs. Producers must then make payments to PROs based on fee structures.
Producers who rely on classic office spreadsheets find that gathering and collating packaging data is laborious, error-prone, and time-consuming. Retailers, especially those with white label or store brands, will need to gather packaging data from their suppliers and then verify that data to ensure no overpayments on EPR fees are made.
In the same way that businesses hire accountants and payroll companies, many producers prefer to outsource packaging data management and compliance activities to experts rather than handle the work internally.
How RLG Helps Producers Gather, Verify, and Report Packaging Data
As part of the Reconomy family, RLG has over 30 years of experience assisting the world’s most iconic brands with packaging EPR data management and compliance.
Our packaging database holds over 50 million SKUs that can be used to fill data gaps, verify data accuracy, compare SKUs, and more. Access plans currently start at a flat rate of less than $1195 CAD.
Producers with a solid handle on their data and who do not need data management assistance may benefit from RLG’s environmental compliance services. Our compliance experts can handle registrations, submit reports, review invoices, and manage payments across jurisdictions where producers may have obligations.
On the Horizon: Federal Plastics Registry
In April 2024, Environment and Climate Change Canada released its notice of implementation of the Canadian Federal Plastics Registry in the Canada Gazette. The Registry will be collected and reported in alignment with the Canadian Environmental Protection Act, 1999 (CEPA) through Section 46 Part 1.
The goal of the registry is to promote a circular economy by supporting a broader strategy of achieving zero plastic waste by 2030. The registry will facilitate the adoption of consistent, comprehensive, and transparent Extended Producer Responsibility (EPR) rules across Canada and help ensure that producers are accountable for the entire lifecycle of their plastic products. As the Federal Plastics Registry comes into effect, RLG’s EPR experts anticipate increased regulatory activity that will shape how businesses manage plastics throughout their lifecycle.
Exempted producers:
- Those who manufacture, import or place on the market less that 1,000 kg of plastics products or packaging
- Small waste generators, generating less than 1,000 kg of packaging and plastic product waste at their industrial, commercial or institutional (IC&I) facility
- Small waste managers – service providers manage less than 1,000 kg of plastic via activities such as collecting, recycling, or disposal
Key Reporting Timelines:
- First Report: September 29, 2025
- Second Report: September 29, 2026
- Third Report: September 29, 2027
RLG is ready to assist producers in complying with the more stringent data collection, transparency standards and comprehensive reporting required by the registry. Connect with our experts today to understand these changes and how they could impact your business.
For more information on U.S. packaging laws, click here to view our article.
