On Dec. 20, 2022, the federal Single-use Plastics Prohibition Regulations (the SUPR) came into force. The regulations will gradually ban a number of single-use plastic (SUP) items starting with a ban on the manufacturing and importing of these items as of Dec. 20, 2022.
The Canadian government is actively addressing the issue of plastic pollution and has taken numerous measures in single-use plastic regulations, recycling, and labeling rules, aiming to achieve the goal of zero plastic waste. However, the measures of different levels of government are not yet fully coordinated and unified.
1. Federal Single-Use Plastics Prohibition Regulations (SUPR)
Effective since December 20, 2022, it gradually bans a variety of single-use plastic items such as shopping bags and cutlery. The ban is implemented in phases, starting with a manufacturing and import ban. Sales will be prohibited starting from December 20, 2023, and exports from December 20, 2025. By then, all measures will be fully in effect.
The definition of "single-use" is based on performance criteria rather than material type. Regulated parties need to conduct laboratory tests on their own. The government is also developing testing methods, but they are not mandatory.
2. Municipal Single-Use Plastic Bans
Many cities have introduced or are in the process of formulating local bans. Most focus on plastic bags, while some have broader goals, covering utensils and food containers. For example, cities like Victoria and Vancouver have introduced relevant regulations. Calgary approved relevant regulations in January 2023, which will take effect in 2024. Cities like Toronto are also developing mandatory measures.
The inconsistent standards of municipal bans pose challenges for business compliance. Moreover, municipal bans may be stricter than the federal ban. Some provinces also have province-wide bans. Businesses cannot simply comply with the federal ban.
3. Provincial Recycling Systems
Provinces mainly regulate the recycling of residential packaging and paper products through blue box programs. Most provinces make plastic packaging producers responsible for the operation and financing of recycling projects. Some provinces regulate single-use plastic products through blue box programs, and producers need to pay fees for such products introduced into the market, such as in Quebec, Ontario, and British Columbia. Alberta is also following suit.
Most provinces are moving towards Extended Producer Responsibility (EPR). Some have already implemented it and are continuously strengthening or expanding the system. However, provincial EPR systems vary in target materials, recycling targets, and responsible entities. The federal government supports provincial coordination, and businesses need to understand the recycling systems of each province
4. Upcoming Federal Regulations
Recycled Content Regulation: Plans to make plastic packaging in Canada contain at least 50% recycled content by 2030. The proposed regulations are expected to be published in the fall of 2023. The regulations will prescribe the minimum recycled content for specific plastic products. Initially targeting packaging, considering products such as non-food bottles, waste bins, and garbage bags. Food-contact packaging will be exempted. The definition of recycled content has not been determined yet. This regulation will affect the manufacturing, importing, and selling of related products.
Environmental Labeling Regulation: To prevent "greenwashing", Canada will introduce regulations to standardize environmental claims of products, including assessment mechanisms for claims such as recyclability or compostability, limiting the scope of recycling claims, ensuring that the government can verify compliance. Producers need to explain in writing the recyclability of products. Although there are no specific legislative requirements currently, businesses are already legally bound, and violations may face fines and penalties.
5. Legal Challenges
The plastics industry and some provinces have challenged the federal ban. The relevant cases will be heard in lawsuits filed in March 2023 and July 2022, which has put Canada's plastic regulatory actions in an uncertain state.
6. Conclusion
The plastic regulations of all levels of government in Canada aim to reduce plastic consumption and ensure recycling. The related measures are increasing, but they are not yet coordinated and unified. Businesses need to closely follow the development trends.