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On June 22, 2022, the federal government enacted Single-use Plastics Prohibitions Regulations (the Regulations), which prohibit the manufacture, import, sale, and export of the six (6) categories of single-use plastic (SUP) items meeting the following general definitions.

There are exclusions from and nuances to the categories so care must be taken to consult the Regulations to determine if the item of interest is included or excluded.

The ban on the manufacture and import of 1, 2, 3, 5 (except flexible SUP straws packaged with beverage containers) and 6 come into effect on December 20, 2022, and the ban on the sale of these categories comes into effect on December 20, 2023.

The ban on the manufacture and import of 4 and flexible SUP straws packaged with beverage containers (e.g., juice boxes) will come into effect on June 20, 2023, and ban on the sale of these items will come into effect on June 20, 2024. The longer transition period is to accommodate the retooling of the manufacturing lines.

The Regulations will also prohibit the export of these SUP items by December 20, 2025.

The Regulations impact not only manufacturers, importers, distributors and retailers of these SUP items, but also businesses like grocery stores, pharmacies, hotels and restaurants that make these SUP items available to the public to eat, drink or carry their purchases. The federal government has published Single-use Plastics Prohibitions Regulations – Technical Guidelines to help interpret the Regulations.

The federal government has also published a guidance document to help businesses and organizations transition away from these SUP items (the Guidance Document). For example, in connection with SUP cutlery, the Guidance Document recommends that customers be given the option to specify whether they want single-use cutlery at all when meals are eaten at home. If single-use cutlery is specified, it should be made of alternative materials to plastic, such as bamboo or wood from sustainably managed forests or from cereals (wheat, oats, corn or rice), and accompanied by a fee charged to the consumer to discourage use. For those dining in, businesses should offer reusable aluminum/stainless steel options versus SUP cutlery.

With respect to foodservice wares, the Guidance Document recommends that customers be encouraged to bring their own containers; businesses develop a deposit and refund system for reusable containers made of materials such as glass, stainless steel, silicone or rigid recyclable plastic; businesses use plant-based or fibre-based alternatives or use recycled plastic resin provided it is "food grade." (See: Health Canada's Guidelines for Determining the Acceptability and Use of Recycled Plastics in Food Packaging Applications.)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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