Selling into Canada: are you exempt from provincial packaging EPR?
Each province runs its own packaging program, with its own test for who pays. Most provinces look first for a brand owner or importer based in Canada or the province, and only then at the retailer or marketplace. A US brand shipping direct to consumers is not the first party named, which is why the residency wording matters. The small-business exemptions are generous: under C$2 million in Ontario revenue, under C$1 million or 1 tonne in British Columbia and Saskatchewan, and C$750,000 or less in Manitoba revenue. Quebec is the exception. Its program operator says a brand owner with an online store that Quebec consumers can buy from must report. This page describes the rules. It doesn't tell you whether they reach your company, which is a question for the province or its program.
The common pattern
Each province names a chain of possible obligated parties and stops at the first one that exists:
The brand owner, if it's resident in Canada (Ontario, Saskatchewan), in the province (as Recycle BC and Manitoba's program describe it), or has a place of business in Quebec or sells online to Quebec consumers (Quebec).
If there isn't one, the importer into the province, usually one resident there.
If there isn't one, the retailer that sold the product to the consumer.
In Ontario and Saskatchewan, if that retailer is a marketplace seller, the marketplace facilitator instead.
For a US brand selling from its own website, there is usually no Canadian brand owner and no importer in the province, which leaves the retailer, and the retailer is the brand itself. If the brand sells through a marketplace that qualifies as a "marketplace facilitator", the obligation can move to the marketplace. If the brand sells wholesale to a Canadian distributor or retailer, that company is often the importer. Whether a province can or will enforce its rules against a company with no presence in Canada is something the official pages don't address.
Ontario (RPRA, Blue Box Regulation)
Ontario's Blue Box Regulation (O. Reg. 391/21) is enforced by the Resource Productivity and Recovery Authority (RPRA). It covers packaging, paper products and packaging-like products supplied to consumers in Ontario.
Who is the producer of product packaging: the brand holder, if resident in Canada; if there isn't one, an Ontario resident that imports the product into Ontario; if there isn't one, the retailer that supplied the product directly to consumers in Ontario. RPRA says a retailer is a business that supplies products to consumers "whether online or at a physical location". For a franchise, the franchisor.
Marketplaces: if the retailer is a marketplace seller, the marketplace facilitator is the producer. In Ontario a marketplace facilitator both runs the online marketplace and handles physical distribution (storage, preparation or shipping). RPRA says a facilitator becomes the producer only where the producer would otherwise have been a retailer. A Canadian-resident brand holder stays responsible even when it sells through a marketplace.
Revenue exemption: a producer whose gross annual Ontario revenue from products and services is under C$2,000,000 is exempt from all producer requirements. It must keep records showing this, in a form that can be examined in Ontario, for five years.
Weight exemption: over C$2 million but under the supply thresholds in every material category (for example 2,000 kg of rigid plastic, 2,000 kg of flexible plastic, 9,000 kg of paper, 1,000 kg of glass), you're exempt from collection and recycling duties but must still register and report.
If you're obligated: register with RPRA within 30 days of first supplying Blue Box material in Ontario, and report the previous year's supply by weight and pay RPRA's program fee by May 31 each year. Most producers hire a producer responsibility organization (PRO) to handle collection and recycling.
Penalties: RPRA can issue compliance orders and administrative penalty orders. In September 2026 Ontario removed the C$1 million cap on administrative penalties under its producer responsibility regulations.
British Columbia (Recycle BC)
BC's Recycling Regulation (B.C. Reg. 449/2004, Schedule 5) covers packaging and paper products. Recycle BC is the stewardship agency most producers join.
Who is the producer, per the regulation: the manufacturer that sells the product in BC under its own brand; if that doesn't apply, the owner or licensee of the trademark; if neither applies, the person that imports the product into BC. Since November 21, 2025, the regulation says selling includes selling online, by phone or by mail.
Who is a steward, per Recycle BC: Recycle BC's page says a steward is "resident in BC" and is a brand owner, first importer or franchisor supplying packaging or paper to BC households.
The two don't match. The regulation's producer definition doesn't use the word "resident", and the 2025 change brings in online sales. Recycle BC's residency test is narrower. How BC applies this to a US brand shipping direct is not settled on the official pages; check with Recycle BC or the BC Ministry of Environment and Parks.
Small producer exemption: you're a small producer, and the plan requirements don't apply to your packaging, if in the most recent calendar year you had less than C$1,000,000 in gross revenue in BC, or supplied less than 1 tonne of packaging and paper in BC, or have no more than one point of retail sale in BC (not part of a franchise, chain or banner, per Recycle BC), or are a registered charity.
Exempt producers: Recycle BC says exempt businesses don't need to register or file a declaration.
Just over the line: Recycle BC offers flat fees with simplified reporting to stewards supplying 1,000 to 15,000 kg a year.
Saskatchewan's Household Packaging and Paper Stewardship Program Regulations, 2023 moved the province to a program fully run and paid for by producers. The program, approved May 8, 2024, is operated by SK Recycles, previously Multi-Material Stewardship Western.
Who is the producer: the brand owner, if it's a resident of Canada; if there isn't one, the person that first imports the packaging and paper into Saskatchewan (SK Recycles describes this as an importer resident in Saskatchewan); if there isn't one, the retailer that supplied it to the end user in Saskatchewan. For a franchise with franchisees in Saskatchewan, the franchisor.
Marketplaces: if the producer would be a retailer that's a marketplace seller, the marketplace facilitator is deemed the producer. Saskatchewan's definition is broader than Ontario's: a facilitator is anyone that runs or facilitates a marketplace and collects payment from the buyer and passes it to the seller. It doesn't require the facilitator to ship.
Exemption: a business that generates less than C$1 million in gross annual revenue, or supplies less than 1 tonne of household packaging and paper a year, is exempt. Registered charities are also exempt. The regulation doesn't say whether the revenue test means Saskatchewan revenue or all revenue, and SK Recycles' page doesn't either.
Exempt producers: the regulation puts the onus of proof on the producer claiming the exemption, so keep the figures that support it.
Manitoba (MMSM, now Recycle Manitoba)
Manitoba's Packaging and Printed Paper Stewardship Regulation (M.R. 195/2008) is still a shared-cost program. It's run by Multi-Material Stewardship Manitoba (MMSM), which now operates as Recycle Manitoba, with registration and reporting handled by Circular Materials.
The program's obligation test: Recycle Manitoba says you're obligated only if all four apply: you carry on business in Manitoba, with a permanent establishment or a resident employee, agent or representative there; you use designated packaging or printed paper on products supplied into Manitoba; you're the brand owner, first importer or franchisor; and you and your affiliates had more than C$750,000 in gross revenue from all sales in Manitoba in the year.
Out-of-province suppliers: Recycle Manitoba says suppliers based outside Manitoba can register voluntarily and report on behalf of their local customers.
The regulation's wording is wider. It names the first person who supplies the material in the course of business in Manitoba, and treats a person who solicits orders from Manitoba, accepts orders from Manitoba and has the goods delivered there as that first supplier. How this fits with the program's presence test for a remote seller isn't explained on the official pages.
If you're obligated: register on the WeRecycle Portal, sign the producer services agreement, and report the previous year's supply by May 31 (2025 data was due May 31, 2026). Fees are per tonne, paid quarterly.
Coming change: MMSM has drafted a plan to move Manitoba to full producer responsibility. It's under provincial review with no date.
Quebec (Éco Entreprises Québec)
Quebec's modernized curbside recycling system is run by Éco Entreprises Québec (ÉEQ), which producers must join by signing a membership contract.
Who must report, per ÉEQ: you market containers, packaged products or printed matter meant for Quebec consumers; and you have a place of business in Quebec or run an online store from which Quebec consumers can make purchases; and you own the brand or trademark, or are the first supplier of a brand that isn't established in Quebec.
That's the clearest statement among the five provinces that a brand selling online into the province is in scope, but it's ÉEQ's summary. We couldn't load the regulation itself to check its wording.
No payment: ÉEQ says you're exempt from paying if you put 1 tonne or less of covered material on the market, or have annual revenue under a threshold, or are an independent retailer with a single store under 929 m².
The revenue figure varies across ÉEQ's own pages: its small-business guide says "$1M or less in Quebec", its fee page says "$1M or less ($1.3M as of 2024)", and its reporting guide says you don't need to file a report if you put less than 1 tonne on the market and have annual sales under $1.3 million. Treat the figure, and whether it means Quebec or total revenue, as uncertain.
No report: only if you're under 1 tonne and under the revenue figure, per ÉEQ's reporting guide. Being exempt from paying on one test alone may still leave you with a report to file.
Flat fees: between 1 and 15 tonnes you can pay a flat fee. ÉEQ's 2027 flat fees run from C$1,580 (over 1 to 2.5 t) to C$11,270 (over 10 to 15 t).
Still uncertain
Whether provinces enforce against US companies with no Canadian presence. None of the official pages we read says.
BC: the regulation's producer definition versus Recycle BC's "resident in BC" test, after the November 2025 change on online sales.
Manitoba: the regulation's remote-seller wording versus the program's four-part test.
Saskatchewan: whether the C$1 million revenue test means Saskatchewan revenue or total revenue.
Quebec: the revenue threshold (C$1 million or C$1.3 million) and whether it's Quebec-only revenue. We couldn't check the regulation text directly.
This page doesn't cover the other provinces and territories.
What to do next
Pull last year's sales by province, in Canadian dollars, and estimate the packaging weight you shipped into each one.
Ontario: under C$2,000,000 in Ontario revenue, you're exempt; keep the records for five years. Over it, compare your weights to RPRA's thresholds.
BC and Saskatchewan: compare against C$1 million and 1 tonne. In Saskatchewan, keep the evidence, since the onus is on you.
Manitoba: check the four-part test, including C$750,000 in Manitoba revenue and whether you have a presence there.
Quebec: if you sell online to Quebec consumers and are over 1 tonne or the revenue figure, contact ÉEQ about registering and reporting.
Work out who's in the chain for each sale: a Canadian distributor, a marketplace that ships for you, or you as the retailer. Your contracts with them may already say who reports.
Where the residency question decides it, ask the program directly: RPRA, Recycle BC, SK Recycles, Recycle Manitoba (Circular Materials) or ÉEQ.
Selling in US states too? Seven states have packaging EPR laws with their own exemption tests.