Lessons from Canada: Understanding Provincial and Territorial EPR Schemes

EPR vs Product Stewardship

To tackle its plastic waste issue, provinces in Canada have implemented either EPR or Product Stewardship programmes to manage products at the end of their life cycle:

• EPR Programmes: These designate the end-of-life management of products as the responsibility of producers (e.g., brand owners, first importers, or manufacturers). Funding for EPR programmes is provided by producers, with costs either internalised as a factor of production or passed on to consumers.

• Product Stewardship Programmes: Unlike EPR, financial responsibility is typically not placed on the producer. Instead, these programmes allocate responsibility to provincial, territorial, or municipal governments, often relying on legislated environmental fees or public funds.

To promote national consistency, the Canadian Council of Ministers of the Environment (CCME) has developed the Canada-wide Action Plan for Extended Producer Responsibility in October 2009. This plan encourages a coordinated approach and collaboration amongst provinces, establishes benchmarks, and aims to shift product stewardship initiatives into comprehensive EPR programmes across the nation.

Provincial and Territorial EPR Efforts

As waste management and recycling programmes in Canada fall under the jurisdiction of individual provinces and territories, each province’s EPR framework combines federal guidance with provincial implementation to address local needs while aligning with national goals.

Currently, Canada has nine active EPR laws for packaging, each with different timelines, covered materials, and structures. Notable exceptions include Prince Edward Island, Newfoundland and Labrador, Nunavut, and the Northwest Territories, which have yet to establish formal EPR frameworks.

The table below summarises key information for each province and territory regarding EPR laws for packaging in Canada:

Mechanism of EPR Implementation

Most EPR programmes in Canada require obligated producers to register with each of their province’s regulatory or authority body individually or join a Producer Responsibility Organisation (PRO) to report packaging data and pay fees to sell their products.

PROs are typically not-for-profit organisations or industry associations designated by a producer or group of producers to manage and administer an EPR or product stewardship programme on their behalf. In Canada, PROs may also be referred to as ‘stewardship organisations,’ ‘industry funding organisations,’ or ‘delegated administrative organisations.’ The fees collected by PROs directly support infrastructure development for the collection, recycling, and environmentally responsible disposal of packaging materials.

To fulfil their obligations, producers must:

1. Collect packaging data: Gather detailed information on packaging materials placed on the market in each relevant jurisdiction.

2. Report data to the relevant regulatory or authority body: Submit accurate data to the relevant regulatory or authority body directly or through a PRO.

3. Pay EPR fees: Make payments directly or through a PRO based on predetermined fee structures, funding waste management systems.

Obligated Producers

In Canada, the definition of a producer may slightly differ in each province. Generally, the Environment and Climate Change Canada (ECCC) defines a ‘producer’ of packaging as any entity supplying packaging materials to consumers, including brand owners, first importers, manufacturers, distributors, or suppliers of products and packaging. Producers are responsible for managing the end-of-life of the packaging they introduce to the market, ensuring these materials are collected, recycled, or disposed of responsibly. When legally obligated to recover and recycle their products and/or packaging at the end of their life cycle, these producers are referred to as ‘industry stewards.’

Obligated Entities Based on Responsibility Hierarchy

The entity responsible for fulfilling EPR requirements in Canada is generally determined through a hierarchical structure. While the hierarchy may vary across provinces, the resident brand holder/owner typically assumes the obligation for packaging and paper products (PPP) in all jurisdictions. If the brand holder/owner does not meet residency requirements, the obligation falls to the resident first importer, who may be a distributor, retailer, or marketplace facilitator in certain jurisdictions. In franchise businesses, the franchisor is responsible for all packaging and paper generated by franchisees, regardless of the location of the head office. Generally, the hierarchy follows the structure below, though it may vary by province:

1. Brand Owners:

   • The first obligated party is the manufacturer or company that owns the brand of the product being packaged.

   • If the brand owner is a resident of Canada, they are deemed the producer.

2. Importers:

   • If the brand owner is not a Canadian resident, the responsibility shifts to the first entity importing the products and their packaging into the reporting province.

3. Retailers:

   • If no brand owner or importer is identifiable, the retailer supplying the packaging to consumers becomes the obligated producer.

Additional Responsibilities:

• Marketplace Facilitators:

  • If the retailer considers the producer as a marketplace seller, the marketplace facilitator then assumes the role of the obligated producer.

• Franchises:

  • For franchise businesses, the franchisor is regarded as the obligated producer in every province where it has franchisees.

Products Covered under EPR

The table below summarises EPR coverage across Canadian provinces and territories as of February 2025 for key product categories – including packaging & paper, printed paper, electronics, beverage containers, paint, food‐service packaging, single‐use plastics, tires, and textiles – with notes on single‐use plastic bans. The table compiles the best available information and highlights nuances such as Alberta’s partially implemented framework, the federal (rather than provincial) ban on certain single‐use plastic items, and the ongoing phase-in of new EPR regulations in provinces like Alberta and Ontario.

Products Covered under EPR in Canada (as of February 2025)

• Yes = Province/Territory has a mandatory EPR/stewardship programme covering this product.

• Partial = Coverage is limited or in development (e.g., pilot programmes, municipal bylaws, or pending provincial regulations).

• No = No province‐wide mandatory EPR for this category.

• (deposit) under Beverage Containers = Province/Territory operates a deposit‐refund system (often called ‘stewardship’ rather than EPR but effectively places responsibility on producers/consumers).

In many jurisdictions, packaging and paper as well as printed paper are managed under a single EPR programme, as seen in provinces like British Columbia, Saskatchewan, and Manitoba. A ‘Yes’ indicates the presence of a mandatory EPR or stewardship programme, while ‘Partial’ suggests that only pilot programmes exist or regulations are still pending – in Alberta, for example.

Nearly all provinces and territories, except for Nunavut, employ a deposit-refund system for beverage containers. Although this system is sometimes labelled as ‘stewardship’ rather than EPR, it effectively transfers costs to producers and consumers through deposits and refunds.

At the federal level, the Single-Use Plastics Prohibition Regulations (SOR/2022-138) ban or restrict the manufacture, import, and sale of certain items, including plastic checkout bags, cutlery, stir sticks, straws, ring carriers, and specific foodservice products. However, this is not a comprehensive ban on all single-use plastics, and no province or territory has implemented a broader ban beyond these federal measures.

National Strategies and Commitments

The Canadian Council of Ministers of the Environment (CCME), an intergovernmental group of federal, provincial, and territorial environment ministers, has championed extended producer responsibility (EPR) since the late 1990s. To promote harmonised policies and coordinated actions, the CCME published the Canada-wide Action Plan for Extended Producer Responsibility, outlining key principles:

• Encourage producers to design environmentally sustainable and health-conscious products.

• Shift end-of-life waste responsibility from municipalities to producers and importers.

• Make producers and importers accountable for programme design, operation, and funding.

• Assign governments the roles of setting performance targets, ensuring fairness, and providing public access.

In November 2018, the CCME adopted the Canada-wide Strategy on Zero Plastic Waste, building on the Ocean Plastics Charter. The strategy follows a circular economy approach and provides a framework for reducing plastic waste. To implement it, the federal, provincial, and territorial governments introduced the Canada-wide Action Plan on Zero Plastic Waste, developed in two phases:

• Phase 1 (2019): Focused on improving plastic circularity and driving systemic change to reduce waste.

• Phase 2 (2020): Aimed at reducing pollution, raising awareness, strengthening research, and advancing global action.

Canadian Federal Plastics Registry

In April 2024, Environment and Climate Change Canada (ECCC) announced the creation of the Federal Plastics Registry through a Section 46 notice published in the Canada Gazette, Part I. The registry aims to establish consistent, comprehensive, and transparent EPR across Canada by gathering data on plastics to support research, inventory creation, and the development of objectives, codes of practice, guidelines, and environmental assessments. This standardised information – covering plastics from production to end-of-life – will help inform and measure actions to reduce plastic pollution and ultimately hold producers accountable for the entire life cycle of their plastic products. The data collection aligns with the Canadian Environmental Protection Act, 1999, specifically Section 46, Part 1, and adheres to the CCME guidance. The registry is a key commitment under Phase 1 of the Canada-wide Action Plan on Zero Plastic Waste, which seeks to establish uniform EPR policies and programmes for plastics.

Efforts to develop the Federal Plastics Registry have been guided by extensive public consultation. On 25 July 2022, a consultation paper was released to gather feedback on reporting plastics in the Canadian economy. This included a 70-day comment period and webinars to engage stakeholders. In April 2023, a technical paper outlining reporting requirements was published, accompanied by a 30-day public comment period.

Most recently, on 30 December 2023, a draft Section 46 notice and Notice of Intent were published in the Canada Gazette, Part I, inviting feedback during a 45-day comment period that ended on 13 February 2024. Input from these consultations, summarised in a report published in February 2023, had been integral to shaping the Section 46 notice.

New Reporting Requirements for Producers

The Federal Plastics Registry will introduce new reporting obligations for companies, including resin manufacturers, service providers, and producers of plastic products. These companies must report annually to Environment Canada on the quantity and types of plastics they manufacture, import, and place on the market.

Additionally, producers and service providers will need to report on the volume of plastics collected for diversion, reuse, repair, remanufacturing, refurbishment, recycling, chemical processing, composting, incineration, and landfilling. Companies generating packaging or plastic product waste will also need to report on the amount of waste produced at their industrial, commercial, and institutional premises.

This reporting process is being phased in over several years, starting with the 2024 calendar year. From 2025 onwards, companies must retain all relevant records, calculations, and data for at least three years from the submission date. EPR reporting deadlines for packaging in Canada will be set annually on 29 September, starting in 2025.

The categories of plastics that will be subject to reporting include all resins and products listed in Parts 1 through 4 of Schedule 1 to the Notice (‘Schedule 1’), whether manufactured, imported, or placed on the market in Canada. More detailed subcategories can be found in the Notice. Examples are shown in the table below:

There are three key exemptions to these reporting requirements, designed to ease the burden on small businesses or those with minimal involvement in the plastics industry:

• Businesses that manufacture, import, or place on the market less than 1,000 kg of plastic products or packaging annually.

• Small waste generators, producing less than 1,000 kg of plastic waste at industrial, commercial, or institutional (IC&I) facilities.

• Small waste managers, including service providers managing less than 1,000 kg of plastic through collection, recycling, or disposal activities.

Ongoing Challenges and Innovation

Despite these initiatives and programmes, challenges remain. As of March 2023, plastic waste in Canada increased by 23% between 2012 and 2018, rising from 5,158 kilotons (kt) to 6,323 kt. In 2019, Canada discarded approximately 4,364 kt of plastic, with only 1,330 kt (9%) recycled – resulting in 402 kt of recycled plastic resins for manufacturers – while the remainder ended up in landfills, waste-to-energy facilities, or the environment.

In line with its commitment to tackle plastic pollution, the Government of Canada introduced the Single-use Plastics Prohibition Regulations (SUPPR) in June 2022, officially banning the manufacturing, import, and sale of six specific single-use plastic items due to their toxicity. However, in November 2023, the Federal Court ruled that the Order adding ‘plastic manufactured items’ to Schedule 1 of the Canadian Environmental Protection Act (CEPA) was invalid. The court argued that the terms were too broad, lacked evidence that all plastic items are toxic, and exceeded the federal government’s legal authority. In January 2024, the Federal Court of Appeal issued a stay, temporarily halting the court ruling while the government appeals the decision, which is still ongoing.

Canada continues to invest in research and innovation to develop plastic alternatives and advanced recycling technologies and infrastructure, including chemical recycling and biodegradable plastics. The government is also engaging with industries and communities to raise awareness and promote education on plastic waste reduction.

The Innovative Solutions Canada programme has funded several companies developing advanced sorting technologies and new plastic alternatives. Canadian companies are at the forefront of producing high-value products made from recycled plastics, including durable construction materials and new packaging solutions. These efforts contribute to the growth of the circular economy and reduce the demand for virgin plastics.

Public education and community engagement such as the Zero Plastic Waste Initiative, launched by the Canadian government, aims to encourage citizens to adopt sustainable practices, such as reducing single-use plastics and participating actively in recycling programmes. Through this initiative, the government is working with municipalities and businesses to enhance waste collection and sorting infrastructure, ensuring that more materials are recycled and diverted from landfills.