Plan For The Ban: Phases 2 And 3 Of Canada's Federal Plastics Registry Delayed

Environment Canada has announced that all reporting requirements for Phases 2 and 3 of Canada's Federal Plastics Registry, initially set for September 29, 2026 and September 29, 2027, respectively, are delayed to a yet to be determined date.

This is the latest bulletin in our "Plan for the Ban" series regarding prohibitions and increased regulation of single-use plastics and other plastic products across Canada. This bulletin provides an overview of the Federal Plastics Registry, reporting requirements for Phases 2 and 3, and what the delay in reporting requirements may mean for businesses.

Read our previous bulletins regarding the Federal Plastics Registry reporting requirements and Phase 1 guidance for more background information.

Changes to Reporting Obligations

Under the Federal Plastics Registry, defined producers (i.e., brand owners, manufacturers, importers, distributors, or suppliers) must report annually on the quantity and types of plastic they manufacture, import and place on the market in Canada for designated products. Reporting is phased in:

• Phase 1 (for which reporting was first due on September 29, 2025 for the 2024 calendar year) required producers to report on plastic packaging (filled and unfilled), electronic and electrical equipment, and single-use and disposable products placed on the market that are destined for the consumer waste stream at their end-of-life.
• Phase 2 introduces reporting on all Phase 1 plastics regardless of their destined end-of-life waste stream as well as plastic placed on the market in the remaining categories that are not covered in Phase 1, being plastic resins, agriculture and horticulture, tires, transportation, construction, fishing and aquaculture, and textiles and apparel. Phase 2 also requires reporting on plastic collected and sent for diversion and disposal in some categories.¹
• Phase 3 further expands the reporting requirements to include plastics collected and sent for diversion and disposal in additional categories, namely electronic and electrical equipment and tires.²

Reports for Phase 2 were set to be due on September 29, 2026 for the 2025 calendar year, and Phase 3 was initially set to be rolled out in 2027, with reports for 2026 data due on September 29, 2027. However, following Environment Canada's recent announcement, all reporting requirements for Phases 2 and 3 of the Federal Plastics Registry will be delayed to a yet to be determined date and Environment Canada will amend the Notice that implemented the Federal Plastics Registry accordingly. It is important to note, however, that companies required to report under Phase 1, meaning producers of packaging, electronics and electrical equipment and single-use and disposable plastics destined for the consumer waste stream, must continue to report their Phase 1 data for the 2025 and 2026 calendar years.

Environment Canada also plans to publish a Notice of Intent in winter 2026 to communicate this change, followed by a new Notice this summer outlining reporting requirements for 2027, 2028, and 2029.

Planning Ahead for Business

The delay of Phase 2 and 3 reporting is in response to the complexity, cost, and challenges faced by companies to compile the data needed to comply with the Notice. The delay provides an opportunity for Environment Canada to refine the regulatory framework and consider measures that will improve the efficacy and efficiency of the reporting requirements, in line with Environment Canada's Red Tape Reduction Plan.

Companies should also be aware that many provinces require information pertaining to plastics as part of their provincial extended producer responsibility programs, which often do not fully align with the federal requirements. Our environmental team at McMillan is available to assist in determining your company's specific obligations under both the applicable provincial extended producer responsibility programs and the Federal Plastics Registry.

As the federal government continues to move forward with plans to study and reduce the amount of plastic waste generated within its borders, businesses should remain alert to ongoing developments. We will continue to monitor these changes and provide updates in our "Plan for the Ban" series. If you have any questions about how these changes will impact your business, please contact the authors of this bulletin.

Footnotes

1 Environment and Climate Change Canada, Federal Plastics Registry (29 September 2025).

2 Ibid.

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2025