In our February environmental compliance tip, we shared the December 30, 2023, announcement by Environment and Climate Change Canada regarding the proposed “Notice of intent to issue a section 46 for the Federal Plastics Registry.” The comment period for this notice closed on February 13, 2024.
According to the Canada Gazette, “The notice would require that any person described in Schedule 3 of the notice and who possesses or who may reasonably be expected to have access to information described in Schedules 4 through 5 of the notice provide the Minister with this information.”
Below we provide some brief information on the proposed plastics registry.
Schedule 1 Products Covered
Schedule 1 Parts 1 through 3, provides a list of “plastic products captured under this notice.”
Part 1 includes resins involved in the manufacturing of plastics. Part 2 includes additional specific resin sources.
Part 3 includes ten different categories of plastic including items such as beverage containers, power tools, medical devices, tires (of many uses), automobiles, windows & doors, white goods, agricultural containers, fishing gear, toys, telecommunication devices, and much more.
Schedule 2 is definitions.
Plastics are very useful and have wide application. Mismanagement of plastics can result in negative ecological impacts (Image by Willfried Wende from Pixabay).
Schedule 3 Criteria for Reporting
Schedule 3 is the criteria for reporting that includes: (1) A person who is a producer of a plastic product; and (2) A person who is a provider of another service that manages plastics or plastic products after collection for diversion.
A blog by Tereposky & DeRose LLP provides additional details regarding reporting under Schedule 3, “The reporting and record-keeping requirements will apply to all persons who are (i) ‘producers’ of such plastics or plastic products, or (ii) service providers who manage these goods ‘after collection for diversion’ for certain end-of-life processes, including: recycling; composting; processing into chemicals; using for energy recovery; processing for final disposal or incineration without energy recovery; arranging direct reuse; refurbishing; remanufacturing; or repair.”
Schedule 4 Details of Reporting
The information that will be required for those that will be required to report include:
(a) The identity of all the resins used to make plastic products placed on the Canadian market;
(b) The source of the resin used to make plastic products placed on the Canadian market;
(c) The category and subcategory of plastic products placed on the Canadian market;
(d) The total quantity in tonnes of plastic in products placed on the Canadian market;
(e) The total quantity in tonnes of plastic collected at end of life and sent for diversion;
(f) The total quantity in tonnes of diverted plastics that are recycled;
(g) The total quantity in tonnes of diverted plastics that are processed into chemicals, including fuels;
(h) The total quantity in tonnes of diverted plastics that are sent to final disposal at a landfill;
(i) The total quantity in tonnes of diverted plastics that are sent to final disposal and incinerated without energy recovery;
(j) The total quantity in tonnes of diverted plastics that are sent to final disposal and composted;
(k) The total quantity in tonnes of diverted plastics that are recovered for energy recovery;
(l) The total quantity in tonnes of diverted plastic in products that is collected with direct reuse arranged;
(m) The total quantity in tonnes of diverted plastic in products that are refurbished;
(n) The total quantity in tonnes of diverted plastic in products that is remanufactured;
(o) The total quantity in tonnes of diverted plastic in products that are repaired; and
(p) The method used to determine the quantities referred to in paragraphs (d) through (o).
Schedule 5 includes information on the phased-in approach for 2024, 2025, and 2026.
Begin to Gather Data Now
In a blog by McMillan they state, “Producers of the identified categories of plastic products in the Federal Plastics Registry and targeted services providers should begin gathering information on the data points identified in the Notice of Intent for the 2024 calendar year and dedicate resources to compiling and reporting this information when the final Section 46 notice comes into effect (anticipated to be published before the end of 2024).”
There is much more information in the notice including plans for a phased-in approach. For details, see the Canada Gazette Notice: “Notice of intent to issue a notice under section 46 of the Act with respect to reporting of certain plastic products for 2024, 2025 and 2026.”
If you need assistance with an environmental issue, contact Christopher Pare’, P.Geo. Q.P. at 519-948-7300, Ext. 114.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan holds an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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