Canada Proposes Significant Recycled Content Mandates for Plastic Packaging

Canada’s government is advocating for new mandates regarding post-consumer content in plastic packaging, alongside more stringent standards for marketing plastic as recyclable. These measures are seen as crucial for enhancing marketing and addressing consumer apprehensions about greenwashing.

A draft proposal released in April by Environment and Climate Change Canada outlines plans to establish recycled-content requirements ranging between 30-60 percent by 2030 for a diverse array of plastic packaging. Moreover, the proposal aims to enforce an 80 percent threshold for products marketed as recyclable. This entails ensuring that eight out of ten Canadians have access to recycling facilities while mandating that 80 percent of waste plastic delivered to recycling plants is converted into resin capable of displacing virgin plastic. 

Steven Guilbeault, Minister of Environment and Climate Change Canada, emphasized the imperative to curb plastic pollution, stating, “We must find a way to keep plastics out of the environment.” He underscored the necessity of incorporating minimum recycled content in specific types of plastic packaging and enhancing labeling transparency to empower to consumers to make informed choices regarding recyclability. 

Regarding recycled content, the proposal outlines a phased-in approach to be implemented between 2026 and 2030, culminating in 60 percent recycled content in beverage bottles, rigid PET, high-density polyethylene containers, and other rigid packaging materials such as polypropylene, polystyrene, and expanded PS. Flexible packaging would be subject to varying recycling-content requirements, ranging between 35-50 percent by 2030, contingent upon material thickness. Implementation of requirements for flexible packaging is slated to commence in 2028. 

Beginning in 2028, companies would be mandated to obtain third-party certifications for all products claiming to utilize recycled content. This underscores the growing necessity for transparency and traceability within recycling and recycled content claims, with third-party certifications gaining prominence through legislative mandates. 

The Proposal has Plastic Packaging Divided into 2 Broad Categories: Rigid Packaging and Flexible Packaging

• Rigid Packaging: packaging whose shape remains essentially unchanged after the contents are added or removed
• Flexible Packaging: packaging designed to change shape under tension or heat, whether in bulk or discrete forms
• Bulk forms include items such as rolls of shrink film, stretch film, and other film intended to be applied to products for packaging purposes
• Discrete forms include containers that are likely to change shape when contents are added or removed, such as bags, pouches, tubes, and sachets
• This category includes flexible beverage containers (for example, juice pouches), waste bags, and flexible foam packaging such as polyethylene foam

In recognition of differences in the technical readiness for recycled content between some packaging applications and resins, as well as existing requirements in other jurisdictions, these 2 categories have been further broken down into subcategories with different targets and timelines.

For Rigid Packaging:

• PET and HDPE rigid packaging: rigid packaging made from more than 50% PET or HDPE by weight such as clamshells, jars and tubs
• Beverage Bottles: a rigid container normally having a comparatively narrow neck or mouth, made primarily of plastic, that is sealed with a cap and designed for beverages, such as water, soft drinks, juice, and alcoholic beverages
• Other rigid packaging: rigid packaging made from any other plastic resin including polypropylene (PP), polystyrene (PS), and expanded polystyrene (EPS) foam such as trays, cups, bottles for cleaning products and packing peanuts
• Special Categories: rigid packaging used for the following product applications: cosmetics (Food and Drugs Act), pest control products (Pest Control Products Act), consumer products containing a hazardous ingredient (Consumer Chemicals and Containers Regulations, 2001) and foams used for protective packaging where no alternative material can be used

For Flexible packaging:

• Waste Bags: a bag designed to contain and transport waste, whether to be disposed or recycled, and that may be closed after filling
• By average thickness (thick ≥ 35 μm; medium 20-35 μm; and thin ≤ 20 μm): with thinner packaging having lower targets
• Special Categories: flexible packaging used for the same product applications as rigid special categories (see above)

Sub-Categories Excluded from Recycled Content Requirements

The regulations would exclude certain packaging sub-categories from recycled content requirements. Most of these sub-categories relate to health, nutrition or safety. These include:

• Food-contact packaging (in other words, primary packaging for food), except containers for beverages
• Due to strict food safety requirements under the Food and Drugs Act and Regulations, food-*grade recycled resins are in very limited supply for many types of food packaging
• Recycling processes producing food-grade PET and HDPE are relatively mature, and beverage bottles made from these resins have a proven ability to incorporate high levels of recycled content
• The Government of Canada is planning to consult on the use of a pollution prevention notice requiring the preparation and implementation of a pollution prevention plan as an alternative instrument to address primary food plastic packaging
• Packaging (primary and secondary) for a range of products regulated by other Acts, such as the Food and Drug Act, Health of Animals Act, Cannabis Act, Transportation of Dangerous Goods Act, 1992, Hazardous Products Act, Assisted Human Reproduction Act and Human Pathogens and Toxins Act
• this includes dairy products, infant food, drugs, medical devices, dangerous goods and hazardous products
• Durable packaging used for long-term storage: such as first-aid boxes, CD and DVD cases, and toolboxes
• It is not the intent to capture these items as packaging, as they are designed to remain with a product for long-term use
• Packaging that is an integral part of the product it contains: this means the product cannot be used/consumed without the packaging
• Examples include printer cartridge cases, lighters, and earphone cases that act as a charging port
• It is not the intent to capture these items as packaging, as they are necessary to the functioning of a product
• Compostable Plastic Packaging: in the Government’s consultations, most stakeholders were supportive of this exemption, due to the technical incompatibility of compostable plastics with recycled content
• Compostable plastic packaging would be subject to labelling requirements in the regulations

As legislation continues to shape the landscape of recycled content in plastic packaging, it’s clear that these policies are not aimed at undermining the plastic packaging industry. Rather, they offer a strategic opportunity for the industry to fortify itself and promote sustainable expansion in the future. It’s essential for organizations to remain aligned and informed to effectively navigate these evolving regulations.

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