Canada-Wide Action Plan for Extended Producer ... - CCME

There are a number of first and second priority policies and regulations that could be used to
support an EPR program.
First priority policies and regulations are those that have readily measurable outcomes
within shorter term timelines and are built on clear and existing regulatory authority and
policy precedent.
Second priority measures are generally less quantifiable in nature are less prescriptive
and are longer term in their vision. They are also priorities in which legislative and policy
experience is less strong. .
First Priority Policies and Regulations
Restrictions on Toxic Substances
Restrictions on substances used in products can support an EPR program by minimizing or
eliminating risks to the environment and/or human health and by making it easier and less
expensive to recycle at the end of life. The removal, separation and management of toxic and
hazardous substances and components in products during the recycling process can be eased or
eliminated completely if the producer has redesigned the product to reduce or eliminate such
substances in response to a regulation.
The Canadian Environmental Protection Act (CEPA) 1999 provides the authority to assess and
manage risks to the environment and human health, to sustainably prevent pollution and to
address potentially dangerous exposure to chemical substances. Under this legislation the
Ministers of the Environment and Health control chemical substances using a variety of tools
ranging from providing information about proper use to regulations that restrict or ban use. For
example, it is anticipated that Environment Canada will publish proposed regulations by winter
2009/10 to prohibit or restrict mercury in products by 2012.
Federal authority under CEPA also exists to mandate the preparation of pollution prevention
plans through the issuance of Pollution Prevention Planning Notices. For example, a P2 Notice
has been used as a mechanism to manage mercury switches. Affected parties, vehicle
manufacturers and steel mills, must participate in a national switch management program for 15
years after mercury switches were last installed in their vehicles.
Environmental Performance Agreements
An environmental performance agreement consists of core criteria negotiated among parties to
achieve specified environmental results. It can be signed between a government and a single
company, multiple companies, regional industry associations, an industry sector association or a
number of sector associations. Such an agreement would commit signatories to specific
challenges or performance levels and is possible when the parties involved share common
objectives and each can derive benefits from addressing a particular environmental issue. On
industry’s part, interest may stem from the increased flexibility an agreement may allow in
achieving an environmental objective and increased certainty that such an agreement can
provide.
Approved in principle by CCME Council of Ministers October 29, 2009 19