Dear Product Care members,
The Government of Alberta has introduced Extended Producer Responsibility for Hazardous and Special Products (HSP).
The Alberta Extended Producer Responsibility (EPR) Regulation for Hazardous and Special Products (HSP) and Single-use Products Packaging and Paper Products came into effect on November 30, 2022.
As in other provinces, the regulation makes Producers fully responsible for the collection and management of designated products.
It is important that Product Care Members of our Household Hazardous Waste (HHW) and HSP Programs from across Canada review the information below.
Who is obligated as a “Producer”?
The regulations (s. 14) define a Producer, for HSP, in a hierarchy, as:
- The brand holder of the product if the brand holder is resident in Canada
- If there is no brand holder resident in Canada, the importer of the product resident in Alberta
- If there is no person described in (a) or (b), the retailer who supplied the product to the consumer
What are Hazardous and Special Products?
The regulations define HSP in Alberta as:
- Corrosive products & containers*
- Flammable products & containers*
- Pesticides & containers*
- Toxic products & containers*
*Supplied in quantities that are under 10Kg for solids, 10L for liquids and 680g for gaseous products.
Note: Paint is not included in the HSP regulations and remains under the ARMA paint program.
Product Care will be a Producer Responsibility Organization (PRO) for all HSP products except for batteries, including corrosives, flammables, pesticides, toxics, and the containers of these materials.
Producers can work with a PRO, such as Product Care, by appointing them as an agent on behalf of the Producer or develop their own recycling program to meet their obligations
Who will regulate the programs?
The EPR regulation also creates an Authority (oversight body) to administer the regulation. This Authority for HSP will be the Alberta Recycling Management Authority (ARMA).
The regulation gives ARMA the power to create by-laws that will govern various parts of the program, including but not limited to:
- Producers and PRO registration processes
- Any fees paid to ARMA (fees TBD)
- Reporting requirements
- Requirements of collection systems and consumer awareness
- Product scope, what is included and excluded.
- Records and data that must be collected and kept.
- Ability to undertake inspections and audits.
The by-laws will be created by ARMA in consultation with the Government of Alberta. The Government of Alberta have indicated that an advisory committee will be formed to provide input into the development of the by-laws. To participate in the process, Producers will need to either.
- Request to be included as a member of the by-law advisory committee directly.
- Nominate Product Care to be their representative on the by-law advisory committee.
It is important that members participate in the by-law development process or designate Product Care as their representative to ensure industry’s interests are considered. Below is the contact information for ARMA and the Alberta Department of Environment & Protected Areas.
- ARMA: firstname.lastname@example.org
- Alberta Environment and Protected Areas: email@example.com
Product Care can assist members with the notification to ARMA and Alberta Environment and Protected Areas, should members want to designate Product Care as their representative on the advisory committee. Please contact Richard Hodges at firstname.lastname@example.org.
When more information becomes available. Product Care will contact members to provide an update on:
- registration process for HSP Producers
- more detail on HSP Product scope and definitions
- reporting requirements
- more detail on the proposed collection and management plan for Product Care Producers in Alberta.
- Producers, and therefore PROs, will be required to provide verification of collection and management plans to ARMA by April 1, 2024
- The EPR System for HSP must be operational by April 1, 2025
- Producer registration & reporting (date to be determined)
For further information or should you have any questions, please contact Richard Hodges at email@example.com