Canada Strengthens Environmental Regulations with New Plastics Reporting Mandate

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.