Canada’s first legal test of single-use plastic regulations is taking place as the plastics industry and federal government head to court in Toronto.
The government’s decision to list plastic products as toxic under the Canadian Environmental Protection Act is being challenged by the industry, which claims that waste management is a responsibility of the provinces and territories, and that there is not enough scientific evidence to justify the regulations.
The case will also consider the recent ban on certain plastic products, including checkout bags, straws, stir sticks and cutlery. The plastics industry argues that the government failed to conduct a risk assessment and characterise ecological exposure to all plastic products.
Several interveners, including the American Chemistry Council, the American Fuel and Petrochemical Manufacturers and the governments of Alberta and Saskatchewan, will argue their cases alongside environmental groups such as Environmental Defence and Oceana, which are asking the court to uphold the government’s plastic regulations.
A win for the government would reinforce its efforts to combat plastic pollution, while a loss could lead to the overturning of the single-use plastic ban. The federal judge is not expected to deliver a ruling for months.
Canada’s plastic pollution crisis is the second most pertinent environmental crisis the country faces, according to Anthony Merante, plastics campaigner at Oceana Canada.
Plastic pollution has been shown to harm wildlife and pollute rivers, lakes and other water bodies, leaving microplastic fragments in the water.
Despite the plastic industry’s claims that regulation must be pursued in accordance with the Constitution, Environment Minister Steven Guilbeault has stated that the Liberal government is delivering on a campaign promise to ban harmful single-use plastics.
In 2019, almost half of the 3.3 million tonnes of plastic waste Canadians produced was plastic packaging, with less than one-tenth of it being recycled, according to a Deloitte study.
A variety of provinces and cities have already taken steps against plastic bags, and some fast food outlets have replaced plastic straws with paper versions.
»Canada’s single-use plastic regulations face first legal battle«
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