Federal Plastics Registry: A look back at Phase 1 reporting

As the first deadline for reporting under the new Federal Plastics Registry (the Registry) has now come and gone, we look back at what we have learned during Phase 1 of reporting under the Registry. 

For more information on the Registry, please see our previous publications: Government of Canada introduces Federal Plastics Registry (November 6, 2024), Federal Plastics Registry: Targeted plastics and plastic products (November 11, 2024), and Federal Plastics Registry: phased implementation (December 9, 2024).

Phased implementation

In our December 6, 2024, update on phased implementation, we indicated (based on the ambiguous drafting of the section 46 notice creating the Registry) that all subject entities were required to report administrative and general information beginning in Phase 1. 

However, following our review of guidance from Environment and Climate Change Canada (ECCC) released after the date of our publication, it became clear that only those entities subject to reporting product information in Phase 1 were required to report the general and administrative information set out in the notice. Following the same logic, only those entities subject to reporting product information in Phase 2 will be required to report the general and administrative information, and likewise for Phase 3.

Non-resident importers

As the definition of “producer” includes “the first resident person in Canada to import or manufacture the product,” it was unclear whether companies based outside of Canada who import products into Canada as non-resident importers are captured by this definition. ECCC confirmed to us that non-resident importers are not subject to the Registry’s requirements and therefore the reporting obligations do not apply. Only entities resident in Canada have reporting obligations.

Requests for extension

In accordance with information provided by ECCC, under subsection 46(6) of the Canadian Environmental Protection Act (1999) (CEPA), the minister may, on request in writing, extend the date within which a person must comply with the section 46 notice for the Registry.

To request an extension for the Phase 1 reporting deadline, reporting entities must submit an official letter (emailed to the Registry's general email account), on the organization’s letterhead, and signed by an officer (including their job title). The extension request letter must include the organization’s legal name, business number, civic address, the reasons for requesting an extension and the actual date they are requesting the deadline be extended to.

Extensions are granted based on the following criteria:

• Technical issues with the Registry’s online reporting platform.
• Organizational restructuring (e.g., divisional restructuring).
• Unforeseeable circumstances (e.g., natural disasters, medical emergencies).
• The organization requires additional time to conduct calculations or validate data accuracy.

ECCC has informed us that it will review the request to ensure its completeness and render a decision on whether an extension should be granted in 10 business days. We have been successful in receiving extensions for our clients from ECCC for Phase 1 reporting and are happy to assist in this regard. 

Requests for confidentiality

Under section 51 of CEPA, persons who provide information under a section 46 notice may submit a written request that the information be treated as confidential, for any of the following reasons:

• The information constitutes a trade secret.
• Disclosing the information would likely cause material financial loss or prejudice to the reporting entity.
• Disclosing the information would likely interfere with contractual or other negotiations being conducted by the reporting entity.

Although we have advised on and drafted confidentiality requests, we have not yet had any responses from ECCC in this regard.

ECCC Guidance

The Guide for Reporting to the Federal Plastics Registry - Phase 1 previously issued by ECCC is now available on the government website concerning the Registry, along with foreign supplier letters and user guides for the online reporting platform: Federal Plastics Registry - Canada.ca.

The government guidance for Phase 2 has not yet been issued. We continue to monitor any developments in this regard. 

Next steps

Those entities required to report in Phase 2 (information regarding calendar year 2025) should already be collecting the required data to be reported by September 29, 2026, and keeping an eye out for additional guidance from ECCC.

Should you have questions on Phase 1 and Phase 2 reporting obligations, or if you are unclear if the reporting requirements apply to you, we would encourage you to reach out to a member of our team for assistance.