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B.C. Reg. 254/2023
O.C. 642/2023
Deposited December 1, 2023
effective December 20, 2023, except
Parts 2 and 3 and section 11 effective July 15, 2024
This consolidation is current to June 11, 2024.
See “Amendments Not in Force” for amendments
effective after June 11, 2024.
Link to consolidated regulation (PDF)

Environmental Management Act

Single-Use and Plastic Waste Prevention Regulation

Contents
Part 1 — Interpretation
1Definitions
Part 2 — Oxo-Degradable Plastic Packaging and Products
2 and 3Not in force
Part 3 — Shopping Bags
4 to 8Not in force
Part 4 — Food Service Ware and Accessories
9Definitions for Part 4
10Application
11Not in force
12Restriction on single-use food service accessories
13Prohibition on plastic single-use utensils
14Prohibition on bundled single-use food service accessories
15Requirement to keep records — single-use food service accessories

Part 1 — Interpretation

Definitions

1   In this regulation:

"biodegradable plastic" means any type of plastic that is, or is held out to be, biodegradable;

"business operator" means a person who, in the ordinary course of business, sells a commodity or product, whether by wholesale or retail;

"compostable plastic" means any type of plastic that is, or is held out to be, compostable;

"customer" includes a person to whom a commodity or product is distributed for free;

"plastic" includes any type of compostable plastic and any type of biodegradable plastic;

"sell" includes offer for sale;

"single-use", when used in reference to an item, means the item is ordinarily disposed of after a single use or short-term use, whether or not it could be reused.

Part 2 — Oxo-Degradable Plastic Packaging and Products

Not in force

2 and 3   Not in force.

Part 3 — Shopping Bags

Not in force

4 to 8   Not in force.

Part 4 — Food Service Ware and Accessories

Definitions for Part 4

9   In this Part:

"care facility" means any of the following:

(a) an assisted living residence as defined in section 1 of the Community Care and Assisted Living Act;

(b) a community care facility as defined in section 1 of the Community Care and Assisted Living Act;

(c) a hospital as defined in section 1 of the Hospital Act;

(d) a private hospital as defined in section 4.1 of the Hospital Act;

(e) a Provincial mental health facility as defined in section 1 of the Mental Health Act;

"class A prohibited material" means any of the following materials:

(a) biodegradable plastic;

(b) compostable plastic;

(c) polystyrene foam;

(d) polyvinyl chloride;

(e) polyvinylidene chloride;

"class B prohibited material" means any of the following materials:

(a) biodegradable plastic;

(b) polystyrene foam;

(c) polyvinyl chloride;

(d) polyvinylidene chloride;

"correctional facility" means a lawful place of confinement, including, without limitation, a jail, prison, lockup, place of imprisonment, camp or correctional institution, and any land connected with it;

"delivery order" means an order for food or beverages, for delivery;

"fish" means fish as defined in section 1 of the Fish and Seafood Act;

"food delivery platform operator" means a person who provides ordering services to more than one food service provider through an online platform;

"food service accessory" means any of the following products:

(a) a beverage cup lid;

(b) a beverage cup sleeve;

(c) a condiment;

(d) a drinking straw;

(e) a garnish;

(f) a napkin;

(g) a utensil;

(h) a wet wipe;

"food service provider" means a person

(a) who, in the ordinary course of business, prepares and serves food or beverages to individuals, or

(b) in the case of a person who is not a business operator, whose activities ordinarily include preparing and serving food or beverages to individuals who are not members of the person's household;

"food service ware" means any of the following types of container or packaging:

(a) a bowl;

(b) a box or carton, including an egg carton;

(c) a cup;

(d) a hinged or lidded container;

(e) a plate;

(f) a platter;

(g) a tray;

(h) film wrap;

"ordering services" means services provided to a food service provider in relation to a customer's delivery order that include facilitating the placement of the delivery order by the customer;

"prepare", when used in relation to food or beverages, means

(a) cook, slice, chop, mix, brew, squeeze or otherwise make ready to eat or drink, or

(b) remove from a container or packaging and place or repackage in a different container or different packaging;

"splash plug" means any type of plug manufactured to prevent a beverage from spilling from the lid of its container;

"utensil" includes a spoon, fork, knife, chopstick, stir stick and splash plug.

Application

10   The prohibitions in sections 12, 13 and 14 do not apply to food service accessories sold by a food service provider in quantities of 20 or more.

Not in force

11   Not in force.

Restriction on single-use food service accessories

12   (1) A food service provider must not distribute or sell a single-use food service accessory.

(2) The prohibition in subsection (1) does not apply in the following circumstances:

(a) a customer requests, or accepts an offer of, the food service accessory, including by making a request or accepting an offer electronically;

(b) the food service accessory is made available in a self-service manner;

(c) the food service accessory is a beverage cup lid and is distributed with a beverage that is

(i) purchased for delivery, or

(ii) served through a window to a customer at a drive-through restaurant;

(d) the food service accessory is distributed or sold at a care facility for use by a person admitted to or receiving assistance, care, supervision, treatment, maintenance or rehabilitation at the care facility;

(e) the food service accessory is a utensil for use by a person confined in a correctional facility and at risk of self-harm or harming another person.

Prohibition on plastic single-use utensils

13   (1) A food service provider must not distribute or sell a single-use utensil that is wholly or partly composed of plastic.

(2) The prohibition in subsection (1) does not apply if the utensil is for use by a person confined in a correctional facility and at risk of self-harm or harming another person.

Prohibition on bundled single-use food service accessories

14   (1) A food service provider must not distribute or sell a single-use food service accessory that is bundled or pre-packaged together with one or more other single-use food service accessories.

(2) The prohibition in subsection (1) does not apply if the food service accessory is distributed or sold at a care facility for use by an individual admitted to the care facility or receiving assistance, care, supervision, treatment, maintenance or rehabilitation at the care facility.

Requirement to keep records — single-use food service accessories

15   (1) A food delivery platform operator must keep, and make available for inspection under subsection (2), a record of the percentage of delivery orders received by the food delivery platform operator in each of the previous 2 calendar years in relation to which a food service accessory was requested or accepted.

(2) An officer may inspect a record kept under subsection (1).

[Provisions relevant to the enactment of this regulation: Environmental Management Act, S.B.C. 2003, c. 53, ss. 21 and 138.]