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  1. Preamble

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11 Nov, 2024
11 Nov, 2024 25 Jul, 2023

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Canada
Canadian Environmental Protection Act, 1999

Single-use Plastics Prohibition Regulations, 2022

Regulations SOR-138 of 2022

  • Commencement date unknown
  • [This is the version of this document at 25 July 2023.]
Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on December 25, 2021, a copy of the proposed Single-use Plastics Prohibition Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;aS.C. 2004, c. 15, s. 31bS.C. 1999, c. 33Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act;cS.C. 2015, c. 3, par. 172(d)And whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999b, makes the annexed Single-use Plastics Prohibition Regulations.bS.C. 1999, c. 33

Definitions

1. Definitions

The following definitions apply in these Regulations."single-use plastic checkout bag" means a plastic manufactured item, made entirely or in part from plastic, that is formed in the shape of a bag that is designed to carry purchased goods from a business and(a)whose plastic is not a fabric as defined in section 2 of the Textile Labelling Act; or(b)whose plastic is a fabric as defined in section 2 of the Textile Labelling Act that will break or tear if the bag is(i)used to carry 10 kg over a distance of 53 m 100 times, or(ii)washed in accordance with the washing procedures specified for a single domestic wash in the International Organization for Standardization standard ISO 6330, entitled Textiles — Domestic washing and drying procedures for textile testing, as amended from time to time, (sac d'emplettes en plastique a usage unique)"single-use plastic cutlery" means a plastic manufactured item, made entirely or in part from plastic, that is formed in the shape of a fork, knife, spoon, spork or chopstick and that(a)contains polystyrene or polyethylene; or(b)changes its physical properties after being run through an electrically operated household dishwasher 100 times, (ustensile en plastique a usage unique)"single-use plastic flexible straw" means a single-use plastic straw that has a corrugated section that allows the straw to bend and maintain its position at various angles. (paille flexible en plastique a usage unique)"single-use plastic foodservice ware" means a plastic manufactured item, made entirely or in part from plastic, that(a)is formed in the shape of a clamshell container, lidded container, box, cup, plate or bowl;(b)is designed for serving or transporting food or beverage that is ready to be consumed; and(c)contains expanded polystyrene foam, extruded polystyrene foam, polyvinyl chloride, a plastic that contains a black pigment produced through the partial or incomplete combustion of hydrocarbons or an oxodegradable plastic, (recipient alimentaire en plastique a usage unique)"single-use plastic ring carrier" means a plastic manufactured item, made entirely or in part from plastic, that is formed in the shape of a series of deformable rings or bands that are designed to surround beverage containers in order to carry them together. (anneaux en plastique a usage unique pour emballage de boissons)"single-use plastic stir stick" means a plastic manufactured item, made entirely or in part from plastic, that is designed to stir or mix beverages or to prevent a beverage from spilling from the lid of its container, (batonnet a melanger en plastique a usage unique)"single-use plastic straw" means a plastic manufactured item, made entirely or in part from plastic, that is formed in the shape of a drinking straw and that(a)contains polystyrene or polyethylene; or(b)changes its physical properties after being run through an electrically operated household dishwasher 100 times, (paille en plastique a usage unique)

Non-application

2.

(1)TransitThese Regulations do not apply in respect of plastic manufactured items referred to in section 1 that are in transit through Canada, from a place outside Canada to another place outside Canada, and are accompanied by written evidence establishing that the items are in transit.
(2)ExportSubject to sections 8 and 9, these Regulations do not apply in respect of plastic manufactured items referred to in section 1 that are manufactured, imported or sold for the purpose of export.
(3)WasteThese Regulations do not apply in respect of plastic manufactured items referred to in section 1 that are waste.

Single-use plastic ring carriers

3.

(1)Prohibition — manufacture or importA person must not manufacture or import singleuse plastic ring carriers.
(2)Prohibition — saleA person must not sell single-use plastic ring carriers.

Single-use plastic straws

4. Prohibition — manufacture or import

A person must not manufacture or import single-use plastic straws, other than single-use plastic flexible straws.

5.

(1)Prohibition — saleSubject to subsections (2) to (6), a person must not sell single-use plastic straws.
(2)Exception — sale in certain settingsA person may sell single-use plastic flexible straws in a non-commercial, non-industrial and non-institutional setting.
(3)Exception — business to business salesA business may sell a package of 20 or more single-ulse plastic flexible straws to another business.
(4)Exception — retail salesA retail store may sell a package of 20 or more single-use plastic flexible straws to a customer if
(a)the customer requests straws; and
(b)the package is not displayed in a manner that permits the customer to view the package without the help of a store employee.
(5)Exception — beverage containerA retail store may sell a single-use plastic flexible straw to a customer if the straw is packaged together with a beverage container and the packaging was done at a location other than the retail store.
(6)Exception — sale in care institutionsA hospital, medical facility, long-term care facility or other care institution may sell single-use plastic flexible straws to patients or residents.

Other plastic manufactured items

6.

(1)Prohibition — manufacture or importA person must not manufacture or import singleuse plastic checkout bags, single-use plastic cutlery, single-use plastic foodservice ware or single-use plastic stir sticks.
(2)Prohibition — saleA person must not sell single-use plastic checkout bags, single-use plastic cutlery, single-use plastic food-service ware or single-use plastic stir sticks.

Analysis

7.

(1)Accredited laboratoryFor the purposes of these Regulations, any analysis performed to determine the physical characteristics of single-use plastic checkout bags, single-use plastic cutlery, single-use plastic flexible straws, single-use plastic foodservice ware or single-use plastic straws must be performed by a laboratory that meets the following conditions at the time of the analysis:
(a)it is accredited
(i)under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence cf testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or
(ii)under the Environment Quality Act, CQLR, c. Q-2; and
(b)subject to subsection (2), the scope of its accreditation includes the analysis of the physical characteristics of single-use plastic checkout bags, single-use plastic cutlery, single-use plastic foodservice ware, single-use plastic flexible straws and single-use plastic straws.
(2)Standards of good practiceIf no method has been recognized by a standards development organization in respect of the analysis performed to determine the physical characteristics of the plastic manufactured items referred to in subsection (1) and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.

Record keeping

8. Records — export

Any person that manufactures for the purpose of export, or that imports for the purpose of export, a plastic manufactured item to which these Regulations apply must keep records containing the following information and documents for each type of plastic manufactured item that was manufactured for the purpose of export or imported for the purpose of export:
(a)in the case of a person that manufactures for the purpose of export,
(i)the common or generic name and the trade name, if any, of the item,
(ii)the quantity of the item manufactured at each manufacturing facility,
(iii)the date of manufacture of the item,
(iv)the date the item was exported and the quantity exported or, if it has not yet been exported, the date on which it is intended to be exported and the quantity intended to be exported, and
(v)the name of the entity, if any, to which the item is sold in Canada for subsequent export; and
(b)in the case of a person that imports for the purpose of export,
(i)the common or generic name and the trade name, if any, of the item,
(ii)the quantity imported of the item,
(iii)the date the item was imported,
(iv)the copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency respecting the importation of the item,
(v)the date the item was exported and the quantity exported or, if it has not yet been exported, the date on which it is intended to be exported and the quantity intended to be exported, and
(vi)the name of the entity, if any, to which the item is sold in Canada for subsequent export.

9.

(1)Retention of recordsA person that is required to keep records under section 8 must keep the records at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected, for at least five years after the date on which they are made. If the records are not kept at the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.
(2)Records movedIf the records are moved, the person must notify the Minister in writing of the civic address in Canada of the new location within 30 days after the day of the move.

Amendments to these Regulations

10.

[Amendments]11Subsection 2(2) of these Regulations is repealed, but the amendment is not yet in force.

11.

[Amendments]22Subsection 5(5) of these Regulations is repealed, but the amendment is not yet in force.

Related Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

12.

[Amendments]

Coming into force

13.

(1)Six months after registrationSubject to subsections (2) to (5), these Regulations come into force on the day that, in the sixth month after the month in which they are registered, has the same calendar number as the day on which they are registered or, if that sixth month has no day with that number, the last day of that sixth month.
(2)One year after registrationSubsection 3(1) comes into force on the first anniversary of the day on which these Regulations are registered.
(3)Eighteen months after registrationSection 5 and subsection 6(2) come into force on the day that, in the 18th month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that 18th month has no day with that number, the last day of that 18th month.
(4)Two years after registrationSubsection 3(2) and section 11 come into force on the second anniversary of the day on which these Regulations are registered.
(5)Forty-two months after registrationSection 10 comes into force on the day that, in the 42nd month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that 42nd month has no day with that number, the last day of that 42nd month.