In the April 20^th edition of the Canada Gazette, Environment and Climate Change Canada (“ECCC”) published a notice (the “Notice”) confirming that it was implementing a new federal plastics registry (the “Registry”) which will require certain businesses to provide to the government information on plastics that it has disseminated into the Canadian marketplace. As we discussed in our previous client alert on the Registry, when consultations and the Technical Paper supporting the Registry were launched last year, the goal of this Registry would be to produce consistent data nationally on end-of-life management of plastic products and packaging. The Notice expands on this, indicating that the Registry is being created “for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment”.

This initiative is in support of the Government of Canada’s goal of zero plastic waste. According to the ECCC’s Economic Study of the Canadian Plastic Industry, Markets and Waste, in 2016, only 8 percent of plastic waste was recycled, with the vast majority ending up in landfills. The Canadian government is seeking to implement a ‘circular economy’ for plastics that reduces plastic and carbon pollution, and believes this could create billions of dollars in revenue and create 42,000 jobs by 2030. The government is targeting plastic packaging and single-use plastics (“SUPs”) in particular as they form a significant part of the Canadian plastics economy, making up over 35% of all plastics placed on the market in 2018. However, as noted below, the scope of the Registry is very broad, and covers far more than just SUPs.

The obligation to file information for the Registry applies broadly to all persons who:

• manufacture, import and place the identified plastics resins on the market;
• “produce” identified plastic products, with producers defined to include those that are brand owners and, in certain cases, retailers;
• generate packaging and plastic product waste at their industrial, commercial or institutional facility; and
• provide services regarding the management of identified plastic products, including recycling service providers.

There are exemptions identified in the notice for those whose contribution of the relevant plastics to the Canadian market through the means identified above is less than 1000 kg.

The Notice requires that these businesses provide different information to the Registry depending on their different roles in the plastics value chain, as set out in Schedule 4 of the Notice. The information to be provided also varies by reporting year, with each year expanding on the information that is required to be provided to the Registry. Every annual filing to the Registry must be accompanied by a certification indicating that the information submitted to the Registry is true, accurate and complete. Businesses may also designate a producer responsibility organization that is engaged to fulfil their extended producer responsibility or stewardship obligations to make the report to the Registry on their behalf.

Schedule 1 of the Notice identifies the plastics that are captured by the Registry. It includes commonly used plastic resins such as PET, PVC and polyethylene resins, virgin and recycled resin sources, plastics packaging, and a large number of identified plastic products that fall within the following eight categories:

• Electronic and Electrical Equipment;
• Tires;
• Transportation (vehicles etc.);
• Construction materials;
• Agriculture (containers, equipment etc.);
• Fishing and Aquaculture;
• Apparel and textiles, including footwear; and
• SUPs including food service ware, personal hygiene products, novelty items, tobacco and vaping products and personal protective equipment.

The Notice covers information pertaining to calendar years 2024, 2025 and 2026, and sets out the deadlines for filing the relevant information as set out in the table below.

Though the Notice indicates that some information submitted to the Registry is intended to be published, it is possible to make written requests that some or all of the information submitted to the Registry be treated as confidential. These requests shall be reviewed pursuant to sections 52 and 53 of the Canadian Environmental Protection Act, which provides significant discretion for the Minister of Environment to reject such a request if it is in the public interest.

With deep expertise in cross-border trade and regulatory matters, the McCarthy Tétrault Marketing, Advertising and Product Regulatory team is uniquely positioned to advise Canadian business on the scope, application, and potential impact of the Registry. We invite you to contact us for further information.