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We recently advised of the implementation of a new regulation, the Single-use Plastics Prohibition Regulations which will come into force on December 20, 2022.
Industry inquired with the CBSA on the administration of this prohibition who advised the following:
“At it’s inception the plastics ban will not be a Customs Tariff Ban. Our prohibited importations unit have advised that this is something that ECCC will be enforcing away from the border for a short time with a possibility of being incorporated into border enforcement afterwards. As there will be no changes to the Customs tariff, nor will this be enforced by the CBSA, our area will not be publishing a customs notice.”
They then inquired to the ECCC Plastics Division on how this would be managed away from the border, and received the following message:
“The Regulations prohibit the manufacture, import and sale of single-use plastic (SUP) checkout bags, cutlery, foodservice ware made from or containing problematic plastics, ring carriers, stir sticks, and straws, with some exceptions for SUP flexible straws.
Verification of compliance with the Single-use Plastics Prohibition Regulations is carried out by Environment and Climate Change Canada enforcement officers who act in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. Verification of compliance with the Regulations could include site visits, review of records, product testing (if applicable), and review of written transit documents.”
Therefore, it appears that compliance with these regulations will be monitored locally vs at the border and that appropriate steps should still be made to ensure any imports that take place beyond Dec 20, 2022 do not include any of the regulated single use plastics.