Extending Paper and Packaging Producer’s Responsibilities

On August 1, 2023, Nova Scotia’s Governor in Council enacted N.S. Reg. 139/2023, which establishes the Extended Producer Responsibility (EPR) for Packaging, Paper Products, and Packaging-Like Products Regulations under the Environment Act. This regulatory framework aims to enhance waste management by holding producers accountable for the lifecycle of their products, thereby promoting recycling and responsible disposal of packaging materials.
The regulations include specific definitions critical for compliance, outlining terms such as “producer,” “consumer,” “designated material,” and “collection system.” Producers are defined as brand holders, importers, or retailers of designated materials, ensuring that those who introduce products into the market are responsible for their disposal. A key component of the regulations is the established implementation timeline, which sets December 1, 2025, as the date by which producers must comply. This timeline allows producers to prepare and ensures that they or their representatives are registered and operating according to the new rules.
Producers are required to create a collection system for PPP materials and are encouraged to collaborate with producer responsibility organizations to effectively manage their obligations. A significant requirement includes the submission of a readiness report by October 1, 2024, which details consultations with municipalities and the actions taken to meet regulatory standards. Small producers, defined as those with gross annual revenues under $1 million or who supply less than one tonne of designated material annually, are exempt from most regulatory requirements but must still adhere to certain obligations.
The Resource Recovery Fund Board is designated as the Administrator of the regulations, responsible for overseeing compliance and providing guidance. The Administrator’s duties include enforcing obligations, managing a registry of producers, and developing annual action plans and reports. Additionally, the regulations permit the Administrator to recover costs associated with their oversight from producers, processors, and organizations involved in EPR activities. However, municipalities will only incur costs if they also qualify as producers or processors.
The introduction of N.S. Reg. 139/2023 is intended to address environmental challenges related to waste. By shifting responsibility to producers, the government aims to incentivize the reduction of packaging waste and improve recycling rates, aligning with broader environmental objectives to combat pollution and promote sustainable practices. The regulations emphasize the recovery and recycling of various materials, including flexible and rigid plastics, paper products, and packaging-like products, which is particularly relevant given the environmental risks associated with improper disposal, such as pollution and resource depletion.
Nova Scotia (139/2023) August 11, 2023