The Canadian Department of the Environment announced on April 20, 2024, an enhanced regulation under the Canadian Environmental Protection Act, 1999, that will now require industries involved with plastic resins and products to report extensively to the Federal Plastics Registry. This initiative, rooted in subsection 46(1) of the Act, underscores Canada's commitment to reducing plastic waste through improved transparency and accountability.

The regulation requires all entities, including manufacturers and importers of plastic resins and products to maintain detailed records documenting their compliance for three years (2024-2026),. These records should include calculations, measurements and any other data supporting the information provided and should be stored at the parent company’s head office in Canada. The information must be submitted by September 29 of the following year.

The mandate details a comprehensive list of 24 specific plastic resins classified under the North American Product Classification System (NAPCS) Canada 2022 Version 1.0, which includes commonly used plastics such as polyethylene terephthalate (PET) and polyvinyl chloride (PVC). The notice also covers a wide range of plastic products in various sectors such as electronic and electrical equipment, transportation, construction and agriculture, as well as items intended for single use or disposal.

Key components of the regulation include:

- Recordkeeping and Reporting: Companies are required to keep and report data on the volume and types of plastics produced or managed. This includes details such as the resin types, their sources (virgin fossil-based, virgin bio-based, post-consumer recycled, and post-industrial recycled), and detailed categorization of plastic products in terms of their applications in various industries.

- Confidentiality Requests: In response to the Notice, companies may requests that their information be treated as confidential, on the basis of section 52 of the Act. However, the Minister retains the authority to disclose such information as necessary under subsection 53(3).

- Penalties for Non-Compliance: The Notice explicitly states that non-compliance may result in penalties under the applicable offence provisions of the Act, underscoring the strict enforcement of these environmental regulations.

This regulation extends to detailed reporting of plastic packaging, both filled and unfilled, within specific sub-categories such as rigid and flexible packaging types, covering a range of products from beverage containers to packaging for hazardous materials.

Through this initiative, Canada aims not only to monitor and reduce the environmental impact of plastic production but also to improve recycling and disposal processes. This is part of a broader national effort to ensure a sustainable future through responsible environmental stewardship and industrial practices.

Health Canada and Environment Climate Change Canada (ECCC) have unveiled a comprehensive action plan detailing the development of new regulations following the recent review of the Canadian Environmental Protection Act (CEPA). As part of the initiative, they have outlined a series of public consultations that will begin in the spring of 2024. These consultations will focus on establishing criteria for classifying high-risk substances and exploring potential restrictions and authorizations of certain toxic substances.

The legislative update, enacted through Bill S-5 - entitled the Strengthening Environmental Protection for a Healthier Canada Act – received Royal Assent on June 13, 2023. This important legislation reinvigorates CEPA, first introduced in 1999, by affirming the right to a healthy environment, strengthening the chemicals management framework, and increasing the transparency of administrative processes.

The Government of Canada is actively working to implement the modernized Act through a variety of measures, including the creation of new frameworks, policies, strategies, regulations, and processes. These initiatives will provide numerous opportunities for public engagement and input, ensuring a participatory approach to environmental management.

Upcoming Public Consultation Opportunities

The schedule for the public consultations, that are essential to the strengthened and modernized CEPA is as follows. Each consultation period will last 60 days unless otherwise specified. Given the dynamic nature of policy development, these dates are subject to change and updates will be provided as necessary.

Consultation Timeline:

- Winter 2024: Discussion on implementation framework for the right to a healthy environment

- Spring/Summer 2024: Introduction of a Proposed Watch List approach

- Summer 2024: Plan outlining priorities for chemicals management

- Summer/Fall 2024: Strategies to replace, reduce, or refine testing on vertebrate animal

- Summer/Fall 2024: Draft implementation framework for the right to a healthy environment

- Winter 2025: Discussion document on regulations for the highest risk toxic substances

- Winter/Spring 2025:  Discussion on the restriction and authorization of certain toxic substances

Health Canada and the ECCC aim to streamline the consultation process to avoid overlapping requests and to align with the government’s policy-making cycle. Stakeholders and the public are encouraged to actively participate in these discussions to help shape a more robust and effective environmental protection regime under CEPA.