Canadian provinces have been taking steps to shift the responsibility and cost of recycling certain materials from municipalities to the producers of the materials. In Ontario, this shift has been pursued through the Blue Box Regulation, 391/21,[1] while in Alberta it falls under the Extended Producer Responsibility Regulation, 194/22.[2] Both provinces have committed to further implementing producer responsibility regulations by 2025 to make recycling programs more efficient and effective. While this Cassels Comment focuses on Ontario and Alberta, if your business is a “producer” under the regimes of other Canadian provinces, you may have obligations thereunder.
The recent issuance of producer responsibility fines in Ontario is an important reminder to ensure your business activities in Ontario and Alberta are in compliance with producer obligations under the Blue Box Regulation and the Extended Producer Responsibility Regulation. Significant fines under both regulations can be avoided if you are adequately informed and prepared.
If your business is a “producer” of materials that are subject to either of these regimes, the regulations in both Ontario and Alberta may impact your services. It is important to be aware of these regulations to avoid potential fines that may be issued against you as a result of non-compliance.