Extended Producer Responsibility

Extended producer responsibility (EPR) imposes on OEMs and other producers responsibility for environmental costs associated with their products throughout the product lifecycle. It is the concept of product stewardship as part of the circular economy that seeks to reduce pollution by requiring producers to think beyond the point of sale and mitigate the environmental impact of their products. This invokes cradle-to-cradle product management which may involve sharing, leasing, revising, repairing, refurbishing, repurposing, or recycling products that reach their original project lifespan.

EPR requires that businesses re-evaluate products and practices to achieve compliance with changing environmental laws and regulations. EPR may involve the legal obligation of OEMs and other producers to register with waste diversion programs under stewardship program laws that promote resource recovery.

Municipalities are also subject to end-of-life regulatory obligations as operators of the blue box and organics municipal programs. These programs are also intended to achieve reuse and recycling of what would otherwise be waste destined for landfill.

Additionally, the Chemicals Management Plan (CMP) is an initiative of the Canadian federal government designed to reduce the risk of harm caused by chemicals in the environment and to human health. These chemicals are known to be found in food and food products, consumer products, cosmetics, drugs, drinking water, and industrial discharges. There are also new and emerging contaminants that are periodically added to CEPA’s Designated Substances List (DSL) and Non-Designated Substances List (NDSL). When it comes to risk management, our lawyers assist clients with assessing risks posed by harmful chemicals and ensuring compliance with our clients’ own chemical management, reduction, and substitution plans.

Extended producer responsibility legal expertise

At Willms & Shier Environmental Lawyers, our lawyers help clients identify their extended producer responsibilities under federal and provincial laws, and advise about how best to manage risk and achieve compliance. Our lawyers stay up-to-date about new product stewardship and extended producer responsibility initiatives, to aid clients to meet evolving legal obligations. These initiatives include blue box and green bin municipal programs, packaging, paper, glass, metal and plastic recovery and recycling, and recycling of electronics, paint, tires, and used lubricating oil, oil filters and oil containers, among other products.

In cases where clients face regulatory investigations, our team of environmental litigators is ready to help manage the process, carry out client-focussed internal investigations, appeal government orders, defend regulatory prosecutions, and guide clients toward successful resolutions.

Contact our environmental lawyers today

Willms & Shier Environmental Lawyers has offices in Calgary, Ottawa, Toronto, and Yellowknife. Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, Northwest Territories, Yukon, and Ontario.

To speak with an environmental lawyer, contact us today.