Extended Producer Responsibility for Packaging, Paper Products and Packaging-Like
Products Regulations
made under Section 102 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 2023-209 (effective August 1, 2023), N.S. Reg. 139/2023
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Part I: Application and Exemptions
Application
Administrator
Implementation date
Exemptions
Part II: Designated Material, Producer Determination, Readiness Report and Administrator
Designated material
Producer determination
Readiness report
Duties of Administrator
Identification of Administrator
Operating agreement
Annual action plan and annual report
Cost recovery
Part III: Registry and Registration
Registry
Registration requirement for municipalities
Registration requirements for producers
Registration requirements for processors
Registration requirement for producer responsibility organization
Change in information
Part IV: Duty to Collect
Collection system
Duty to collect
Requirement for curbside or depot collection for residential premises
Requirement for collection at facilities
First Nations collection
Part V: Material Management
Material categories
Material management requirements
Part VI: Auditing, Reporting and Record Keeping
Initial producer reporting requirements
Annual reporting by producer
Annual reporting by processors
Records
Small producers
Audit of producer’s practices and procedures
Part VII: Promotion and Education
Producer promotion and education requirements
Information on common collection system
Forms of promotion
Citation
1 These regulations may be cited as the Extended Producer Responsibility for Packaging,
Paper Products and Packaging-Like Products Regulations.
Definitions
2 In these regulations,
“Act” means the Environment Act;
“Administrator” means a person appointed by the Minister under Section 4 and
includes an acting Administrator;
“beneficial reuse” means reclaiming a material to act as a substitute material in
another use because the material cannot be reclaimed to displace the primary or
raw material from which it was produced and is practically unrecoverable for the
original purpose for which it was created;
“collection system” means a system used to collect designated material from an
eligible source;
“common collection system” means a collection system operated by a producer or
producer responsibility organization that accepts designated material;
“consumer” means an individual in the Province who is an end user of a product
and its packaging and who obtained the product and its packaging for personal,
family or household purposes;
“convenience packaging” means material used in addition to primary packaging to
facilitate an end user’s handling or transportation of 1 or more products and
includes items such as bags and boxes that are supplied to an end user at checkout,
whether or not there is a fee for these items;
“eligible source” means a residential premises and a facility;
“energy recovery” means extracting or producing energy, including fuels, from
source-separated packaging, paper products and packaging-like products, but does
not include incineration;
“facility” means any of the following:
(i) a building or part of a building in which residential accommodation
is provided or made available and contains multiple self-contained
residential units, including an apartment building and a
condominium, but does not include visitor accommodations,
(ii) a public school or private school as defined in the Education Act;
“First Nation” means a council of the band as defined in the Indian Act (Canada);
“flexible plastic” means unmoulded plastic, such as a plastic bag, plastic film,
plastic wrap, a plastic pouch or plastic laminate;
“implementation date” means the date prescribed in Section 5;
“material management requirement” means the minimum material requirements
that a producer must meet under Section 27 and in accordance with the Standard;
“municipality” means a city, an incorporated town, a municipality of a county or
district or a regional municipality;
“operating agreement” means the agreement between the Administrator and the
Minister required under subsection 12(1);
“packaging” means primary packaging, convenience packaging or transport
packaging that is provided with a product and includes an ancillary product that is
integrated into the packaging;
“packaging-like product” means a product that is ordinarily used for the protection,
containment, handling, delivery, presentation or transportation of a commodity or
product and includes items such as aluminum foil, metal trays, plastic film, plastic
wrap, food containers, wrapping paper, paper bags, beverage cups, plastic bags,
cardboard boxes and envelopes;
“packaging, paper products and packaging-like products” or “PPP” means
packaging, paper products and packaging-like products primarily made from paper,
glass, metal or plastic or a combination of these materials, but does not include any
of the following materials:
(i) a material included in the existing industry stewardship program
under Part II of the Solid Waste-Resource Management Regulations
made under the Act,
(ii) packaging designed to contain pressurized gas or a hazardous
product,
(iii) a product designed for the containment of waste,
(iv) a health, hygiene or safety product that by virtue of its anticipated use
becomes unsafe or unsanitary to recycle,
(v) packaging designed and used to contain or transport refillable beer
containers, provided the producer meets the management
requirements of the designated material as defined in Part V;
“paper product” means paper that is used for printing, copying, writing or any other
general use, such as for a newspaper, magazine, promotional material, directory or
catalogue, but does not include any of the following:
(i) a hard- or soft-covered book,
(ii) a reference or literary book or a textbook,
(iii) a hard-covered periodical,
(iv) paper that is not suitable to be recycled because it is, or could
become, unsafe or unsanitary by virtue of its anticipated use;
“primary packaging” means material that is used to contain, protect, handle, deliver
or present a product that is provided with the product to an end user at the point of
sale and includes packaging designed to group 1 or more products for the purposes
of sale, but does not include convenience packaging or transport packaging;
“processor” means a person who processes, for the purpose of resource recovery,
PPP that was supplied to a consumer;
“producer” means a person determined to be a producer in accordance with
Section 8;
“producer responsibility organization” means a person who has entered into an
agreement with 1 or more producers for the purposes of carrying out 1 or more of
the following responsibilities related to the designated material, but does not
include a processor retained solely for the purpose of processing the designated
material:
(i) arranging, establishing or operating a common collection system,
(ii) arranging, establishing or operating a promotion and education
program,
(iii) preparing and submitting a report,
(iv) representing a producer for another purpose related to these
regulations;
“readiness report” means a report submitted by a producer under Section 9;
“registry” means the registry described in Section 15;
“residential premises” means a house, town home and other self-contained
premises used by a person for residential purposes and a seasonal dwelling and
campground, but does not include visitor accommodations;
“retailer” means a person who supplies packaging, paper products or
packaging-like products to a consumer in the Province, whether online or at a
physical location;
“rigid plastic” means moulded plastic, such as a food or product container;
“small producer” means
(i) a producer whose gross annual revenue in the Province is less than
$1 000 000, or
(ii) a producer who supplies less than 1 tonne of designated material in
the Province in a year;
“Standard” means the Packaging, Paper Products and Packaging-Like Products
Material Management Standards published by the Minister;
“transport packaging” means material used in addition to primary packaging to
facilitate the handling or transportation of 1 or more products by a person other
than an end user, such as a pallet, bale wrap or box, but does not include a shipping
container designed for transporting products;
“visitor accommodations” means a hotel, motel, resort or other accommodations
where a person stays on a temporary basis.
Part I: Application and Exemptions
Application
3 (1) These regulations apply only to the designated material prescribed in Section 7 that
is supplied to a consumer.
(2) Effective on and after the implementation date, a producer must not supply or
distribute designated material in or bring designated material into the Province
unless the producer or an agent of the producer is registered in the registry and
operating in accordance with these regulations.
(3) A producer may designate a producer responsibility organization to operate on its
behalf in accordance with these regulations.
Administrator
4 (1) The Minister may appoint 1 or more Administrators to administer these
regulations.
(2) An Administrator appointed under subsection (1) must administer these regulations
and perform the duties and responsibilities assigned.
Implementation date
5 For the purposes of these regulations, the implementation date is December 1, 2025.
Exemptions
6 (1) All of the following persons are exempt from the requirements of these
regulations:
(a) a society incorporated under the Societies Act, except a society incorporated
for educational purposes such as a university or college within the Province;
(b) a small producer.
(2) Despite subsection (1), a small producer must comply with the requirements in
Section 32.
Part II: Designated Material, Producer Determination, Readiness Report and
Administrator
Designated material
7 For the purposes of Part IX of the Act, packaging, paper products and packaging-like
products are designated material for the purposes of these regulations.
Producer determination
8 (1) A producer of packaging, paper products and packaging-like products supplied in
the Province is a producer for the purposes of these regulations if they are any of
the following:
(a) the brand holder of the designated material, if the brand holder is a resident
of Canada;
(b) if there is no person who meets the description in clause (a), the importer of
the designated material, if the importer is a resident of the Province;
(c) if there is no person who meets the description in clauses (a) and (b), the
retailer.
(2) If a producer of packaging, paper products and packaging-like products is a
business operated wholly or in part as a franchise, the producer for the purposes of
these regulations is the franchisor if the franchisor has 1 or more franchises located
in the Province.
(3) Despite subsection (2), if an importer adds a designated material to a product for
transportation or other purposes, the producer of the added designated material is 1
of the following:
(a) the importer of the product, if the importer is a resident of the Province;
(b) if there is no person who meets the description in clause (a), the retailer.
Readiness report
9 (1) No later than October 1, 2024, a producer must consult with every municipality in
the Province and submit a readiness report containing all of the following
information to the Administrator:
(a) a description of the consultation with the municipalities and how the
feedback was addressed;
(b) a description of the actions planned or already undertaken to ensure that the
requirements of Part IV will be met by the implementation date;
(c) a description of the actions planned or already undertaken to ensure that the
requirements of Parts V, VI and VII are met.
(2) A producer may designate a producer responsibility organization to prepare and
submit a readiness report on its behalf.
(3) After reviewing a readiness report, the Administrator must do 1 of the following:
(a) send written notice to the producer acknowledging receipt of the readiness
report;
(b) require the producer to provide any additional information that the
Administrator considers necessary to evaluate the readiness report.
Duties of Administrator
10 The Administrator’s objectives are to do all of the following:
(a) perform the duties and exercise the powers given to the Administrator under
these regulations and in the operating agreement;
(b) provide information relating to resource recovery in the Province and the
Administrator’s activities under these regulations;
(c) enforce the obligations of producers, producer responsibility organizations,
processors and municipalities under these regulations.
Identification of Administrator
11 Unless otherwise revoked in writing by the Minister, the Minister is deemed to have
appointed the Resource Recovery Fund Board established under Section 98 of the Act
and Section 5 of the Solid Waste-Resource Management Regulations as an Administrator
in accordance with subsection 4(1).
Operating agreement
12 (1) The Minister and the Administrator must enter into an operating agreement
respecting the Administrator’s activities in accordance with this Section.
(2) The Administrator must comply with the terms and conditions of the operating
agreement respecting their administration and oversight of the matters described in
the operating agreement and these regulations, including the delegation of any
powers, duties or functions of the Minister under these regulations to the
Administrator.
Annual action plan and annual report
13 (1) No later than January 31 of each year, unless otherwise agreed to by the Minister,
the Administrator must create, adopt and submit an annual action plan to the
Minister.
(2) No later than July 31 of each year, unless otherwise agreed to by the Minister, the
Administrator must submit an annual report and audited financial statements
respecting the implementation of its objectives during the previous fiscal year.
(3) An annual action plan and annual report must be in the form and manner required
by the Minister as established in the operating agreement and include all of the
information required by the operating agreement.
(4) The Administrator must make each annual report available to the public promptly
after submitting it to the Minister.
Cost recovery
14 (1) The Administrator may recover its costs for the administration of these regulations
from producers, processors and producer responsibility organizations and any other
persons it registers or from whom it receives reports.
(2) Despite subsection (1), the Administrator must not recover costs from a
municipality unless the municipality is also a producer or processor.
(3) Any methods established by the Administrator for cost recovery must be in
accordance with these regulations and the operating agreement.
(4) The Administrator must consult with the affected parties when establishing
methods for cost recovery.
(5) A person from whom the Administrator is recovering costs related to the
administration of these regulations must pay the calculated amount to the
Administrator at the times specified by the Administrator.
Part III: Registry and Registration
Registry
15 (1) The Administrator must maintain and operate a registry for designated material.
(2) The Administrator must register a producer, processor, producer responsibility
organization and municipality that applies for registration in accordance with these
regulations.
(3) The Administrator may cancel or suspend the registration of a producer, processor
or producer responsibility organization who contravenes these regulations and may
reinstate the registration of a producer, processor or producer responsibility
organization whose registration has been cancelled or suspended.
(4) The Administrator may cancel the registration of a producer who
(a) ceases to supply designated material in the Province; or
(b) after being registered has been exempt under subsection 6(1) in 3
consecutive calendar years.
(5) The Administrator may cancel the registration of a producer responsibility
organization that ceases to exist.
Registration requirement for municipalities
16 (1) On and after a submission date specified by the Administrator and no later than
January 1, 2024, a municipality must apply for registration in the form and manner
required by the Administrator.
(2) A municipality’s information in the registry must be transferred to the producers no
more than 30 days after the date the registration period set out in subsection (1)
ends.
Registration requirements for producers
17 On and after a submission date that is identified by the Administrator, but no later than
January 1, 2024, every producer must register in the form and manner required by the
Administrator.
Registration requirements for processors
18 On or after the implementation date, a processor must register as a processor in the form
and manner established by the Administrator if the processor intends to provide services
under Part IV to a producer or producer responsibility organization.
Registration requirement for producer responsibility organization
19 Within 30 days of entering into an agreement with a producer, a producer responsibility
organization must register with the Administrator as a producer responsibility
organization in the form and manner required by the Administrator.
Change in information
20 A producer, processor or producer responsibility organization must notify the
Administrator of any change in the information submitted under this Section and submit
updated information to the Administrator no more than 30 days after the date the
information changed.
Part IV: Duty to Collect
Collection system
21 (1) On and after the implementation date, a producer must establish and operate a
collection system.
(2) A producer may meet the requirements of subsection (1) by establishing and
operating a common collection system with 1 or more other producers that is
operated by a producer responsibility organization on their behalf in accordance
with subsection (3).
(3) A common collection system operated by a producer responsibility organization on
behalf of a producer must be established by a written agreement between the
producer responsibility organization and each producer.
(4) A single common collection system may be established and operated on behalf of
all producers by a single producer responsibility organization.
(5) A producer responsibility organization that has entered into an agreement with a
producer to provide a common collection system must do all of the following:
(a) establish and operate a collection system in accordance with this Part;
(b) comply with any requirements under this Part that apply to a producer.
Duty to collect
22 A producer must ensure that every eligible source in the Province receives collection
service in the form of a common collection system for designated material in accordance
with these regulations.
Requirement for curbside or depot collection for residential premises
23 (1) A producer must provide curbside collection of designated material for all
residential premises that receive curbside garbage collection in the Province.
(2) A producer must provide depot collection of designated material for residential
premises in the Province that do not receive curbside garbage collection.
Requirement for collection at facilities
24 (1) A producer must provide collection of designated material for every facility.
(2) A producer who provides collection for a facility must provide receptacles for the
storage of designated material at the facility until it is collected.
First Nations collection
25 (1) A producer must ensure that an offer is made by or on behalf of the producer to
provide a common collection system to eligible sources within the reserve of a
First Nation.
(2) An offer under subsection (1) must meet all of the following requirements:
(a) it must include details of how collection services will be provided;
(b) it must be made to the First Nation no later than 6 months before the
implementation date.
(3) If an offer to provide collection service is accepted by the First Nation, every
eligible source within the reserve of the First Nation is deemed an eligible source
to which the collection requirements under Part IV of these regulations apply.
Part V: Material Management
Material categories
26 (1) All of the following are the material categories for designated material for the
purposes of these regulations:
(a) paper;
(b) rigid plastic;
(c) flexible plastic;
(d) glass;
(e) metal.
(2) A producer must meet the management requirements specified in the Standard for
the material categories listed in subsection (1) in accordance with this Part.
(3) Subject to subsection (4), designated material must be assigned to a material
category and no designated material may be assigned to more than 1 material
category.
(4) Despite subsection (3), designated material may be divided into separate
components, and each component may be assigned to its own material category, as
long as all of the components of the designated material are assigned to a material
category.
(5) Designated material must be assigned to the material category that best matches its
primary characteristic.
Material management requirements
27 (1) The material management requirements for the purpose of subsection (2) are
specified in the Standard.
(2) A producer must meet the material management requirements for material
categories using the methods specified in the Standard.
Part VI: Auditing, Reporting and Record Keeping
Initial producer reporting requirements
28 (1) No later than October 1, 2024, a producer of designated material supplied to
consumers must submit a report to the Administrator that contains all of the
following information for the previous calendar year:
(a) the total weight of designated material in each material category supplied to
consumers in the Province for which the person is a producer;
(b) if applicable, the total weight of the designated material in each material
category in clause (a) that was
(i) deposited into a receptacle at a location that is not an eligible source,
and
(ii) collected from an eligible source at the time the product was installed
or delivered;
(c) the total weight of designated material in each material category reported in
clause (a) minus the total weight of the designated material reported in
clause (b).
(2) If the information is reported by a producer responsibility organization on behalf of
a producer, the producer must provide an attestation of the information.
Annual reporting by producer
29 (1) On or before May 31 in each year beginning in 2027, a producer of designated
material supplied to consumers in the Province must submit an annual report to the
Administrator that contains all of the following information:
(a) the total weight of the designated material in each material category
supplied to consumers by the producer;
(b) if applicable, the total weight of the designated material in each material
category in clause (a) that was
(i) deposited into a receptacle at a location that is not an eligible source,
and
(ii) collected from an eligible source at the time the product was installed
or delivered;
(c) the total weight of designated material in each material category reported in
clause (a) minus the total weight of the designated material reported in
clause (b);
(d) a description of the actions taken to meet the producer’s requirements under
Parts IV, V and VI, including the total weight of materials that were
recovered from designated material collected under Part IV;
(e) a list of every processor that the producer retained to process designated
material supplied to consumers in the Province;
(f) the producer’s management requirement for each material category
calculated in accordance with Part V, including the total weight of
recovered resources it accounted for in respect of its management
requirement in each material category and whether it met or exceeded its
management requirement for each material category;
(g) the total weight of recovered resources reported under clause (f) that were
(i) marketed for reuse for their original purpose or function,
(ii) marketed for use in new products or packaging,
(iii) marketed for beneficial reuse, or
(iv) marketed for energy recovery.
(2) If the information in clauses (1)(a) and (b) is reported by a producer responsibility
organization on behalf of a producer, the producer must provide an attestation of
the information.
(3) Despite subsection (1), the Administrator may approve an alternative reporting date
in writing.
(4) The information contained in the annual report is for the calendar year before the
year the report is required to be submitted.
Annual reporting by processors
30 A processor must submit an annual report to the Administrator, in the form and manner
established by the Administrator.
Records
31 Each producer, producer responsibility organization and processor must keep all of the
following in a paper or electronic format that can be examined in the Province for a
period of 5 years from the date of their creation:
(a) records related to arranging, establishing or operating a common collection
system for the purpose of fulfilling responsibilities relating to designated
material;
(b) records related to information required to be submitted to the registry;
(c) records related to arranging, establishing or operating a promotion and
education program required under these regulations;
(d) records related to the weight of designated material supplied to consumers
in the Province for which the person is a producer;
(e) any agreements relating to the information described in this Section.
Small producers
32 (1) A small producer must keep records that demonstrate that it meets the definition of
a small producer in a paper or electronic format that can be examined in the
Province for a period of 5 years from the date of their creation.
(2) The Administrator may request that a small producer submit its records under
subsection (1) to the registry to verify that the producer meets the annual financial
or tonnage threshold exemption.
(3) A small producer must provide the records under subsection (2) to the registry no
more than 15 days after the date of the request, unless the deadline is extended by
the Administrator.
Audit of producer’s practices and procedures
33 (1) On or before April 30, 2030, and every 4th year afterward, a producer must have
its practices and procedures respecting Part V for the 4 immediately preceding
years audited.
(2) On or before April 30, in any year in which an audit is required, a producer must
prepare and submit a report on the audit to the Administrator that includes all of
the following information:
(a) a summary of the analysis in the audit of the information submitted by the
producer in its annual report under clauses 29(1)(c), (f) and (g);
(b) a summary of the opinion provided by the auditor on whether the producer
complied with its obligations under Part V, including any obligations
described in the Standard, during the 4 calendar years subject to the audit.
(3) The audit must be conducted by a qualified independent auditor.
Part VII: Promotion and Education
Producer promotion and education requirements
34 (1) A producer who is required to establish and operate a collection system for
collecting designated material under Part IV must implement a promotion and
education program for the purpose of sharing information and promoting the
operation of the common collection system in accordance with this Part.
(2) 1 or more producers and producer responsibility organizations may meet the
requirements of this Part through a promotion and education program provided by
another person on their behalf.
(3) In this Part, a reference to a producer includes a producer responsibility
organization to which subsection (1) applies.
Information on common collection system
35 A promotion and education program established in respect of a common collection
system provided by a producer must include all of the following information:
(a) a list of designated material that must be deposited into designated material
receptacles;
(b) a list of material that must not be deposited into designated material
receptacles;
(c) a description of how to replace a designated material receptacle or obtain an
additional designated material receptacle;
(d) a description of how the producer will fulfil its collection responsibilities,
including,
(i) for a producer who provides curbside collection for an eligible
source, the dates on which collection will occur, or
(ii) for a producer who provides depot collection, the location of every
depot collection site and its hours of operation;
(e) a description of how to prepare designated material for placement in a
designated material receptacle, including any direction about rinsing,
flattening, sorting or bagging designated material;
(f) information on how to minimize litter from curbside recycling storage and
on collection day;
(g) any additional information the Administrator may require.
Forms of promotion
36 A promotion and education program must be provided in both of the following forms:
(a) on a publicly accessible website;
(b) in print, and available upon request by an eligible source.
The following regulations are not
yet in force and are not included in the current consolidation: