First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-393 An Act to amend the Canadian Environmental Protection Act, 1999 (electronic products recycling program)

FIRST READING, June 7, 2024

This enactment amends the Canadian Environmental Protection Act, 1999 to prohibit the manufacture and the commercial importation of electronic products that contain a substance that is specified on the list of toxic substances in Schedule 1 of that Act unless a recycling program for electronic products containing such a substance is established.

1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-393

An Act to amend the Canadian Environmental Protection Act, 1999 (electronic products recycling program)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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Division 9 

Control of Waste Electronic Products

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Addition to List of Electronic Products

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192.‍1 (1) The Governor in Council may, if satisfied that an electronic product or class of electronic products contains a substance that is specified on the list of toxic substances in Schedule 1, make an order adding the product or class of products to the List of Electronic Products in Schedule 7.

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Deletion from List

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(2) The Governor in Council may, if satisfied that the inclusion of an electronic product or class of electronic products specified on the List of Electronic Products in Schedule 7 is no longer necessary, make an order deleting the product or class from that List.

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Prohibition

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192.‍2 (1) No person shall manufacture an electronic product that is specified or is of a class that is specified on the List of Electronic Products in Schedule 7, or commercially import such a product for use or sale in Canada, unless they

• (a) have established an electronic products recycling program to safely dispose of any substance that is specified on the list of toxic substances in Schedule 1 and that is contained in such a product at the end of its useful life; or

• (b) participate in such a program operated by an organ­ization designated by regulations made under section 192.‍3.

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Required content of program

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(2) The recycling program must provide for:

• (a) the collection of waste electronic products;

• (b) procedures to be followed by any person disposing of waste electronic products collected under the program;

• (c) quality control and quality assurance processes, including tracking and auditing mechanisms; and

• (d) a public education or public awareness and communication strategy.

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Transmission of information

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(3) A person that manufactures an electronic product that is specified or is of a class that is specified on the List of Electronic Products in Schedule 7, or that commercially imports such a product for use or sale in Canada, must, within 90 days of manufacturing or importing the product for the first time, provide the Minister with information establishing that they have established or participate in an electronic products recycling program that meets the requirements set out in subsection (2).

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Regulations

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192.‍3 The Governor in Council may make regulations

• (a) designating organizations that may operate a recyc­ling program;

• (b) respecting the manner, conditions, places and methods of disposal of electronic products or classes of electronic products that are specified on the List of Electronic Products in Schedule 7; and

• (c) respecting any other matter that is necessary to carry out the purposes of this Division.

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Non-application in a province

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192.‍4 (1) This Division and regulations made under section 192.‍3 do not apply in a province for which there is in force an order, made under subsection (2), declaring that the Division and regulations do not apply in that province.

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Order

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(2) The Governor in Council may, by order, declare that this Division and regulations made under section 192.‍3 do not apply in a province if the Minister and the government of that province agree in writing that

• (a) provisions that are similar to the provisions of this Division are in force by or under the laws applicable in the province;

• (b) the province will provide information to the Minister on the administration and enforcement of those similar provisions in the circumstances and manner set out in the agreement.

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Term of agreement

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(3) An agreement referred to in subsection (2) expires five years after the day on which it is entered into unless, within that time, it is renewed by written agreement of the parties or is terminated by either party giving the other at least three months’ notice.

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Revocation of order

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(4) The Governor in Council may revoke an order made under subsection (2) if the agreement referred to in that subsection expires or is terminated.

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(Sections 192.‍1 to 192.‍3)

List of Electronic Products