Following a member notice sent on December 20, 2024, Product Care and its members have met with the British Columbia Ministry of Environment and Parks (BCMoEP, formerly BCMoECCS) to discuss orphaned products and the management of empty containers for household hazardous waste (HHW).
Below is a summary of the key points from the meeting and guidance for responding to the Ministry’s letter.
1. Historical context
- The Ministry clarified that empty HHW containers were intended to be included under Schedule 2 of the Regulation before the 2020 amendment.
- Product Care and its members highlighted that these containers were previously managed under the RecycleBC program (Schedule 5) and that some members continue to remit fees for these products under the Packaging and Paper Product (PPP) program. The Ministry was surprised to learn this and has committed to further discussions.
2. Letter purpose
- The Ministry’s letter dated December 16, 2024, is not a “non-compliance letter” but rather a “compliance promotion” to encourage collaboration on a path forward.
- Producers are not considered “out of compliance” but are expected to work towards a solution.
- The January 30th, 2025 (45 days) deadline signals the Ministry’s intent to ensure affected producers have plans to have these products covered under an Extended Producer Responsibility (EPR) plan.
3. Recommended response from Producers
- Members are encouraged to submit a high-level response that acknowledges the issue and outlines initial plans to address it. Examples include:
- Confirming awareness of the issue and commitment to compliance.
- Stating the need for time to develop a comprehensive solution, given the complexity of the matter.
- Detailed timelines or specific actions are not required at this stage.
4. BCMoEP’s approach
- The Ministry has indicated its preference for collaboration rather than issuing non-compliance notices.
- To ensure proper solutions are developed, the Ministry has opted not to impose strict deadlines at this time. They welcome receiving recommendations and proposed timelines from producers.
Next steps for members
Producers are asked to submit their response to the Ministry’s letter by
January 30, 2025, through:
extendedproducerresponsiblity@gov.bc.ca
Product Care remains committed to supporting our members’ compliance with evolving regulatory requirements. If you have any questions about this notice or require assistance with your response, please contact:
Mario Anda
Senior Program Manager
manda@productcare.org