The Household Packaging and Paper Stewardship Program Regulations, 2023 (the “Regulations”) were promulgated by Order in Council 127/2023. These Regulations establish the following definitions:

• • • “Act” refers to The Environmental Management and Protection Act, 2010.
    • “Approval” signifies the minister’s formal endorsement of a product stewardship program.
    • “Brand owner” denotes the entity owning or licensing a trademark associated with packaging or paper.
    • “Collection rate” is the percentage of packaging and paper collected and sent for recycling relative to what is supplied to the market.
    • “Diversion rate” represents the percentage of products diverted from landfills, either through recycling or energy recovery.
    • “End user” is defined as any individual utilizing the packaging or paper for its intended purpose.
    • “Household packaging and paper products” include all packaging and paper provided to consumers, excluding items already regulated under different statutes or those deemed unsafe or unsanitary.

The Regulations stipulate the criteria for identifying the “producer” of household packaging and paper products. Typically, this is the brand owner. In the absence of a brand owner, the first importer or retailer becomes the producer. For franchise operations, the franchisor is designated as the producer, while in marketplace scenarios, the marketplace facilitator is considered the producer.

Household packaging and paper products are classified as requiring a stewardship program. Producers are mandated to either operate an approved stewardship program or contract a producer responsibility organization to manage one. Exemptions are available for businesses with gross annual revenues under $1 million or those distributing less than one tonne of products annually, as well as for registered charities.

Producers or organizations wishing to operate a stewardship program must seek ministerial approval. Applications must adhere to established guidelines and provide comprehensive information regarding program management, stakeholder engagement, financial details, and operational procedures. The minister will approve the program if it fulfills all regulatory requirements, including those concerning program structure, stakeholder involvement, and performance targets.

Stewardship programs are subject to review every five years. Any amendments to the program must be approved by the minister. The minister retains the authority to amend, suspend, or cancel program approvals if they are not compliant with regulations or if it is deemed necessary for the public interest. 

These Regulations aim at providing a robust framework for managing household packaging and paper products in Saskatchewan, enhancing recycling efforts, reducing landfill waste, and promoting environmental stewardship through structured and rigorous oversight.

Saskatchewan (OIC 127/2023), April 6, 2023