Federal Plastics Registry: phased implementation

The Government of Canada is creating a Federal Plastics Registry (the Registry) to help eliminate plastic waste by 2030. For an overview of the Registry and its reporting requirements, check out our November 6^th update and for a detailed review of which plastics and products are targeted, check out our November 11^th update. In this update, we will focus on the phased implementation of the reporting requirements under the Registry.

Phased implementation

The Registry, created pursuant to a notice published in the Canada Gazette (the Notice), requires reporting on plastic resins and products for calendar years 2024 to 2026. To allow reporting entities to meet their obligations, these requirements will be implemented in phases, with each phase introducing additional categories and data points that must be reported.

For each reporting year, information must be reported by September 29^th of the following year. All quantities mentioned below must be reported in kilograms, along with the methods used to determine those quantities.

There is some ambiguity in the drafting of the Notice, such that it is not clear whether general and administrative information must be reported by all entities beginning in 2024, or whether some entities are only required to begin reporting such information in following years.

Environment and Climate Change Canada is drafting guidelines to assist entities in preparing reports, and we expect that these guidelines will resolve several ambiguities with the Notice, including with respect to the phased implementation.

Phase 1: calendar year 2024

All entities subject to the reporting requirements must report the general and administrative information set out below, except where indicated otherwise.

General

• A certification that all information submitted is true, accurate and complete.
• Proof of designation (if applicable) of a producer responsibility organization (PRO) or another person to report to the Registry on the reporting entity's behalf.

Administrative Information

• Contact information of the reporting entity and of an authorized representative of that entity.
• Federal business number assigned by the Canada Revenue Agency.
• GST number (service providers only).
• Primary, secondary and tertiary North American Industry Classification System (NAICS) Canada codes, if applicable.
• Provinces and territories where the entity places plastic products or resins on the market, where a PRO designated to report to the Registry on another person's behalf manages plastic products on behalf of such person, or if the reporting entity is a service provider, where it operates.
• Provincial and territorial stewardship programs in which the entity participates, or EPR or stewardship programs under which a PRO or other person designated to report to the Registry on another person's behalf operates (not required for service providers).
• PROs engaged by the reporting entity and the provinces and territories in which those PROs operate on behalf of such entity (not required for service providers).

Product Information

• Producers of plastic packaging and Category 1 (Electronic and electrical equipment) and Category 8 (Single-use or disposable products) plastic products must report, for resins used in manufacturing such packaging or products, the total quantity, by resin, resin source, category and subcategory, that are destined for the residential waste stream and that are (i) manufactured in Canada, if any, (ii) imported into Canada, if any, and (iii) placed on the market in Canada in each province and territory.

Phase 2: calendar year 2025

In addition to the information required for 2024, the reporting requirements expand to include the additional data points set out below.

• Manufacturers or importers of plastic resins must report the identity and source of each resin manufactured, imported, or placed on the market in Canada, and the total quantity of each resin (i) manufactured in Canada, (ii) imported into Canada, and (iii) placed on the market in Canada.
• Producers of plastic packaging or a product listed in all remaining categories of Schedule 1, Part 4 must report, for resins used in manufacturing such packaging or products, the total quantity of packaging and products, by resin, source, category and subcategory, destined for the residential waste stream and (i) manufactured in Canada, (ii) imported into Canada, and (iii) placed on the market in Canada in each province and territory.
• Producers of plastic packaging or a product listed in all categories of Schedule 1, Part 4 must report, for resins used in manufacturing such packaging or products, the total quantity of primary plastic packaging and products, by resin, source, category and subcategory, destined for the industrial, commercial and institutional waste stream and the construction, demolition, and renovation waste stream and (i) manufactured in Canada, (ii) imported into Canada, and (iii) placed on the market in Canada, for business-to-business sale, in each province and territory.
• Generators of packaging or plastic product waste at an industrial, commercial or institutional facility must report for all categories of Schedule 1, Part 4 the total quantity of plastic in all packaging and products, by resin, category and subcategory, generated at their premises and sent for diversion or final disposal.
• Producers or service providers of plastics or Category 5 (Agriculture and horticulture) and Category 8 (Single-use or disposable products) products listed in Schedule 1, Part 4 must report the total quantity of plastic, by resin, category and subcategory:
  • collected at end of life and sent for diversion or disposal, and
  • subject to the following activities, whether imported into Canada or within Canada: (i) diverted for direct reuse, refurbishment, repair, remanufacturing, mechanical recycling, chemical recycling, processing into chemicals (including fuels), composting, incineration with energy recovery, incineration for industrial processes, and (ii) sent for final disposal (A) for incineration without energy recovery, or (B) for landfill.

Phase 3: calendar year 2026

In addition to the information required for 2024 and 2025, the reporting requirements further expand to include information set out below.

• Producers or service providers of plastics or Category 1 (Electronic and electrical equipment) and Category 2 (Tires) products listed in Schedule 1, Part 4 must report the total quantity of plastic, by resin, category and subcategory:
  • collected at end of life and sent for diversion or disposal;
  • subject to the following activities, whether imported into Canada or within Canada: (i) diverted for direct reuse, refurbishment, repair, remanufacturing, mechanical recycling, chemical recycling, processing into chemicals (including fuels), composting, incineration with energy recovery, incineration for industrial processes, and (ii) sent for final disposal (A) for incineration without energy recovery, or (B) for landfill.

Next steps

Businesses involved in the lifecycle of plastics and plastic products must comply with the new reporting requirements beginning in 2025. This will involve establishing systems to collect and report the required data accurately, engaging with PROs that can assist with data collection and reporting, and monitoring regulatory developments and further guidance and updates from the Government of Canada.

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