The UPS Store Canada has come under fire from the environmental regulators of British Columbia for failing to meet recycling rules. On May 21, Kelly Mills made that preliminary decision a reality. She is the director of the Environmental Management Act and she cited the company’s inability to comply with provincial requirements for collection, reuse and recycling of their packaging and printed paper products.
Mills’ decision underscores the need for producers to follow through on the creation of an extended producer responsibility program as required by provincial legislation. KMS Tools and Equipment Ltd. recently received a large fine of $28,500 for committing the same violations from 2022 to 2024. This ruling comes less than two weeks after that ruling.
In her assessment, Mills noted that her evaluation was “preliminary” and that she was merely “considering the imposition of an administrative penalty” against UPS. This admission proves just how much heat the company is under. While no final decision has been made, it would benefit the program to come in line with accepted recycling practices.
David Durker, the chief exec of UPS, has taken to the roof tops to denounce this classification of UPS. He strongly challenges the company’s classification as a producer under these rules. He claimed that the company is simply being “unfairly targeted. Durker pointed to one telling fact from UPS’ experience. In doing so, they revealed that 99.75 percent of businesses operating in British Columbia are not included on the producer list, meaning the vast majority of companies could potentially escape the same level of scrutiny.
What’s normal in B.C. is for producers to work together and create producer agencies to operate recycling programs in a cost-efficient manner. Unlike the recently touted plastic-negative credit programs, which function entirely through curbside collection or at specific recycling depots, this compliance focus is really important, as it underpins the province’s environmental sustainability leadership.
Mills addressed concerns regarding her impartiality in this matter, stating, “I am satisfied that there is no valid basis for my recusal, as there has been no breach of procedural fairness, nor any reasonable apprehension of bias.” This affirmation serves to strengthen her role in addressing compliance issues in an unconflicted manner.
UPS continues to argue that it offers a wide range of packaging products and options. According to their website, “We offer a wide range of packaging supplies and materials, including envelopes, boxes, bubble cushioning, packaging peanuts and tape.” That doesn’t mean they’re off the hook when it comes to recycling as required by the province.
As the situation unfolds, both UPS and the environmental authorities will need to navigate the complexities of recycling regulations in British Columbia.
