Product Stewardship in B.C.
History of Product Stewardship in B.C.
During the 1980s, British Columbians began to realize that the products they used in their homes, yards and vehicles were major contributors to environmental pollution. When discarded by consumers, commonly used products such as paints, solvents/flammable liquids, pesticides, pharmaceuticals, tires, lead-acid batteries and lubricating oils were contaminating our land, air and water resources. By 1990, concern about these household hazardous wastes had grown to the point where consumers and local governments called on the province to solve this problem.
As an initial response in 1990, the Ministry established eight pilot household hazardous waste depots in eight communities in British Columbia (B.C.). These depots were in areas with regional ministry offices. The depots cost taxpayers $1.4 million per year and served less than 0.5 percent of all B.C. householders. Therefore, they were closed in 1994.
In 1991, Ministry set up the Financial Incentives to Recycle Scrap Tires ("FIRST") and Lead-Acid Battery Collection programs, the first of their kind in Canada. These early, "first generation" programs gave consumers waste management options for their scrap tires and used lead-acid batteries, but did not entirely satisfy the definition of "product stewardship."
In 1992, the province of British Columbia enacted the Return of Used Lubricating Oil Regulation. It required that all sellers of oil take back used oil, at no charge to the consumer, either at point of sale or arrange for take-back with a third party that is in close proximity to the seller. The used lubricating oil program was implemented to provide "do-it-yourself" consumers with the opportunity to return used oil for recycling.
The Post-Consumer Paint Stewardship Program Regulation became effective September 1, 1994. This regulation required producers and consumers of consumer paints to take responsibility for management of their leftovers or wastes. Producers of these products began roll-out of a province-wide paint collection depot network in September, 1994. This regulation provided consumers with a safe and convenient method to manage unwanted and waste paints.
The Post-Consumer Residual Stewardship Program Regulation was approved by Cabinet on March 26, 1997. This regulation required the producers and consumers of solvents/flammable liquids, domestic pesticides, gasoline and pharmaceuticals to take responsibility for the management of their leftovers or wastes. Producers of these products began the roll-out of a province-wide depot network in October, 1997.
In response to local government concerns, the province enacted the Beverage Container Stewardship Program Regulation (1997), which replaced the outdated Litter Act. The regulation required all beverage brand-owners of ready-to-drink beverages, with the exception of milk, milk substitutes, liquid meal replacements and infant formula, to establish a province-wide return collection system for beverage containers under a deposit-refund system. The regulation established the goal of a minimum 85 percent recovery rate and requires that redeemed containers be either refilled or recycled.
In 2001, the Ministry contemplated new Extended Producer Responsibility (EPR) programs and requests from industry for a more performance-based, rather than prescriptive regulation.
To support the development of new programs and address the industry concern, the Ministry created its Industry Product Stewardship Business Plan approved on September 30, 2002. The business plan established the framework for existing and new stewardship programs based on four principles, and recommended the development of a single, performance-based regulation for all programs. The ministry then embarked on a regulatory review process to determine if the residual regulation was an appropriate regulatory model or a new regulation was required.
In January 2003, the Used Lubricating Oil Program was brought under the Post-Consumer Residual Stewardship Program Regulation. Although the former program was reasonably successful at diverting used oil from disposal, it was inconsistent with the principles in the Business Plan. The new program under the Residuals Regulation included used filters and containers in addition to used oil. The BC program was then consistent with the oil programs in other western provinces.
The result of the regulatory review process was the drafting of the Recycling Regulation. Enacted on October 7, 2004, the Recycling Regulation completed the shift to results-based, extended producer responsibility and repealed the Beverage Container Product Stewardship Program Regulation and Post-Consumer Residual Stewardship Program Regulation. The new regulation includes core producer requirements applying to all programs, incorporates key provision of the repealed regulations and lists schedules for regulated product categories.
In February 2006, the electronics product category was added to Recycling Regulation. In March, the tire product category was added. In October of 2006, all existing stewardship plans were amended and submitted for review to meet new Recycling Regulation requirements.
On January 01, 2007, after 16 years since the first BC Scrap Tire Recycling Program, a major shift occurred. With the approval of Tire Stewardship BC’s (TSBC) product stewardship plan (under the Recycling Regulation) in September 2006, the program changed from being government-led to industry- led. The program now adheres to the true meaning of "product stewardship.” This industry-led stewardship program replaced the government-run tire recycling incentive program and allowed for the $3 Social Service Tax levy on new tires was removed.