Mandatory Recycling Programs for Toxic Electronics

Summary#

This bill amends the Canadian Environmental Protection Act, 1999 (CEPA) to require makers and commercial importers of certain electronics to run or join a recycling program if their products contain a CEPA “toxic substance” (a listed substance that poses risks to health or the environment) (Bill, Division 9; CEPA Schedule 1). The federal Cabinet (Governor in Council) can list specific products or classes of products in a new Schedule 7; the rule then applies only to those listed items (Schedule 7). Provinces with similar laws can opt into an agreement so the federal rules do not apply there (Bill, Division 9, Non-application). The Act takes effect 1 year after royal assent (Coming Into Force).

• Creates a national rule: no manufacturing or commercial importing of listed electronics unless a compliant recycling program exists (Bill, Division 9, Prohibition).
• Requires programs to cover collection, disposal procedures, tracking/auditing, and public education (Bill, Division 9, Required content of program).
• Requires notification to the federal Minister within 90 days of first manufacture/import to show program participation (Bill, Division 9, Transmission of information).
• Lets Cabinet add or remove product categories from the list by order, limited to items containing Schedule 1 toxic substances (Bill, Division 9; Schedule 7).
• Allows federal “non-application” in provinces with similar rules and data-sharing agreements; agreements last 5 years and can be renewed or revoked (Bill, Division 9, Non-application).
• Schedule 7 is created but has no products listed in the bill text; listings would come later by order (Schedule 7).

What it means for you#

• Households

  • If your device type is added to Schedule 7, there must be a collection program and public education on how to dispose of it at end of life (Bill, Division 9, Required content of program; Schedule 7). Timing depends on when Cabinet lists the product and on the Act’s start date (1 year after royal assent).
  • You may receive clearer instructions on where and how to drop off covered electronics because public awareness is required (Bill, Division 9, Required content of program).

• Workers

  • No direct employment mandates. Any changes to recycling operations would come through programs set up by manufacturers or designated organizations (Bill, Division 9, Prohibition; Regulations).

• Businesses

  • Manufacturers and commercial importers of listed electronics must establish or join a recycling program that meets the bill’s requirements before they make or import the product (Bill, Division 9, Prohibition; Required content of program).
  • You must provide the Minister evidence of compliance within 90 days of first manufacturing or importing a listed product (Bill, Division 9, Transmission of information).
  • Programs must include collection, disposal procedures, quality control with tracking/auditing, and a public education strategy (Bill, Division 9, Required content of program).
  • Retailers that are not commercial importers are not directly covered by the bill. Retailers that are commercial importers are covered (Bill, Division 9, Prohibition).
  • Federal regulations may designate organizations that can operate compliant programs you can join (Bill, Division 9, Regulations).

• Provinces and territories

  • The federal rules do not apply in a province if the federal government issues a non-application order after an agreement confirming similar provincial provisions and data sharing (Bill, Division 9, Non-application).
  • Agreements last 5 years, can be renewed, and can be revoked if they expire or are terminated (Bill, Division 9, Non-application).

• Local governments

  • The bill imposes no direct duties on municipalities. Any local role would arise through programs designed by manufacturers/importers or designated organizations (Bill, Division 9, Required content of program; Regulations).

Expenses#

• Estimated net fiscal impact: Data unavailable.

• Key points

  • No explicit federal appropriations or new taxes/fees in the bill text (Bill text).
  • Federal administrative and enforcement costs for listing products, making regulations, and oversight: Data unavailable.
  • Compliance costs for manufacturers/importers to create or join programs, including collection, tracking/auditing, and public education: Data unavailable.
  • Consumer price effects, if any, are not assessed: Data unavailable.

Proponents' View#

• Improves safe handling of toxic substances in electronics by tying market access to a functioning recycling program (Bill, Division 9, Prohibition).
• Targets only electronics that contain substances already listed as toxic under CEPA, narrowing scope to higher-risk items (CEPA Schedule 1; Schedule 7).
• Requires tracking, auditing, and quality control, which supporters say can reduce leakage and improper disposal (Bill, Division 9, Required content of program).
• Mandates public education, which can increase proper drop-offs and reduce household confusion (Bill, Division 9, Required content of program).
• Provides a national baseline while allowing provinces with similar systems to avoid duplication through time-limited agreements with reporting (Bill, Division 9, Non-application).
• Requires notification to the Minister within 90 days, giving the federal government timely information for oversight (Bill, Division 9, Transmission of information).

Opponents' View#

• Imposes new compliance duties on manufacturers and commercial importers to fund and operate programs; opponents argue costs could be passed to consumers (Bill, Division 9, Prohibition; Required content of program). No cost estimate is provided (Data unavailable).
• Risks overlap and uncertainty with existing provincial systems until non-application orders are negotiated; different provincial agreements could create uneven requirements (Bill, Division 9, Non-application).
• Program standards beyond the listed elements are not detailed; critics say this could lead to variable program quality and enforcement outcomes (Bill, Division 9, Required content of program; Regulations).
• Product listings are made by Cabinet order; opponents warn that short lead times could disrupt supply chains if a product is listed before programs are ready. The bill requires notification within 90 days but sets no grace period for the prohibition once a product is listed (Bill, Division 9, Prohibition; Transmission of information).
• Small-volume importers face the same obligations as large firms; there is no de minimis threshold, which may be harder for small businesses to meet (Bill, Division 9, Prohibition).