In April 2024, the Government of Canada published the Notice with respect to reporting of plastic resins and certain plastic products for the Federal Plastics Registry for 2024, 2025 and 2026 in Canada Gazette Part 1 and in December 2024, they published a Guide for reporting to the Federal Plastics Registry – Phase 1. The Federal Plastics Registry (FPR) was promulgated under the regulatory framework of subsection 46(1) of the Canadian Environmental Protection Act, 1999 (CEPA). For Phase 1 of reporting, the deadline to report on calendar year (CY) 2024 data is September 29, 2025.
The FPR is intended to support the implementation and monitoring of various measures that are part of Canada’s zero plastic waste agenda (keeping plastics in the economy but out of the environment). Generators of packaging and plastic waste at industrial, commercial and institutional premises, as well as service providers who collect and manage those wastes are required to provide the Minister of Environment and Climate Change Canada with the requisite information.
The reporting requirements are phased out over three years as follows:
| Phase | Reporting Deadline | Focus of Reporting |
| Phase 1 | September 29, 2025 for CY2024 reporting | Only for packaging and products that are expected to enter the residential waste stream where the individual consumers are responsible for such plastic waste disposal. |
| Phase 2 | September 29, 2026 for CY2025 reporting | Phase 1 + additional reporting requirements to include new categories of products (such as construction, agriculture, tires, transportation, textiles etc.) and will require inclusion of plastic waste generated at a facility. |
| Phase 3 | September 29, 2027 for CY2026 reporting | Phase 1 + Phase 2 + Further reporting on plastics collected and sent for diversion and disposal in more categories. |
Future reporting requirements for Phase 4 may be introduced by an additional Government notice.
Phase 1 producers of plastic products are those who import, manufacture, and place plastic (more than 1,000 kg) on the market in Canada in the following product categories destined for the residential waste stream (solid waste that usually accumulates in households):
- Plastic Packaging, filled and unfilled
- Electronic and Electrical Equipment (EEE)
- Single-use or Disposable Products
Submission to the FPR is mandatory. Businesses meeting the reporting criteria but neglecting to fulfill their reporting obligations, submitting late reports, or knowingly providing inaccurate information, are subject to penalties outlined in section 272 of CEPA. Facilities exempt from reporting or not meeting criteria in prior years should reassess their status to ascertain their annual reporting obligations.
Reporting requirements
Organizations who must report will need to include:
- The category and subcategory of packaging or plastic products
- The resin type in packaging or plastic products
- The resin source in packaging or plastic products
- Quantity of each resin in packaging or plastic products in kilograms
- Calculation methods
De Minimis Exemption
Persons that manufacture, import, or place on the market less than 1,000 kg of plastic products or packaging per calendar year are exempt from reporting requirements. The de minimis is applied only to the quantity of plastic within a plastic item and is not calculated based on the total weight of the item.
Determining if any de minimis quantity exemption applies must be based on national data. For example, if an organization has operations in three provinces, the total from operations in all three provinces must be considered, even if operations in the individual provinces do not exceed the 1,000 kg threshold.
Reasonably Accessible Information
Subject companies are required to provide information that they possess or to which they may be reasonably expected to have access. In many cases, reporters will need to contact their domestic and/or international suppliers for pertinent upstream information.
Reporting Mechanism
A new online Regulatory Servies Platform (RSP) has been launched by Environment and Climate Change Canada (ECCC). This online platform streamlines reporting under FPR and allows users to register their organization and submit compliance data.
Conclusion
Companies that have plastics in their value chain must come up with a plan to comply with the FPR not just for the CY2024 reporting due this year, but also the subsequent Phase 2 and Phase 3 reporting in the subsequent years. It would be wise to plan for adequate time and resources to track down all requisite data, especially for data to be obtained from upstream suppliers.
Trinity is assisting companies with Phase 1 FPR. If you have any questions or need support with the reporting, please email Sundar Sadashivam in Trinity’s Toronto Office or call us at 437.391.2527.
