Canada: New Single-Use and Plastic Waste Prevention Regulation

 

Canada has published a new Single-Use and Plastic Waste Prevention Regulation.

It prohibits:

• single-use plastic shopping bags including those made from compostable and biodegradable plastics.
• food service providers from using foodservice packaging (e.g., containers, cartons, egg cartons, cups, plates, bowls, trays, meat trays and film wrap) made from compostable plastics, biodegradable plastics polystyrene foam, PVC (polyvinylchloride) and PVDC (polyvinylidene chloride) to package prepared food and beverages for sale in B.C.
• businesses from selling, distributing or using foodservice packaging (e.g., containers, cartons, egg cartons, cups, plates, bowls, trays, meat trays and film wrap) made from biodegradable plastics, polystyrene foam, PVC (polyvinylchloride) and PVDC (polyvinylidene chloride) to package food and beverages for sale in B.C.
• single-use plastic utensils (e.g., cutlery, chopsticks and stir sticks) including those made from compostable and biodegradable plastics.
• pre-packaged bundles of foodservice accessories (including napkins and single-serve condiments).
• all packaging and single-use products made from oxo-degradable plastics.

The regulation requires minimum charges for alternatives to single-use plastic shopping bags (i.e., single-use paper shopping bags and reusable bags). Businesses are also be required to enable a no-fee option (e.g., facilitating the use of reusable bags or reuse of an existing bag or cardboard box).

It also requires single-use foodservice accessories (e.g., wooden utensils, drinking straws, napkins, wet wipes, single-serve condiments) to be made available only by-request/opt-in (i.e., a customer must either ask for or be offered an item) including through online/remote food order delivery platforms. Self-service stations are also permitted.

The regulation also includes exemptions for reasons of accessibility, affordability, or if no suitable alternative is available.

Manufacture and import for the purposes of the above for export would not be subject to the prohibition. Shopping bags have reusable substitutes so the Regulation identifies performance standards to differentiate between single-use and reusable shopping bags. The prohibitions on sale and distribution of shopping bags, foodservice accessories, foodservice ware (except for polystyrene foam trays used for meat, poultry and fish) will come into force 6 months after the regulation’s publication. The prohibition on the distribution and sale of polystyrene foam trays used for meat, poultry and fish would come into force on July 1, 2030 seven years after the regulations are published.

The identified categories of single-use plastic items subject to the Regulation are commonly found on Canadian shorelines and in terrestrial litter clean-ups. A range of evidence sources, including peer-reviewed studies, show that the items, when littered, likely pose a threat of harm to wildlife through entanglement, ingestion or habitat disruption.

The regulatory text can be found HERE.

To find out more environmental compliance in Canada and worldwide, please contact the Product Compliance Institute directly.