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Overthrow! Canada ruled that all plastic products cannot be classified as toxic substances
Time：
2023-12-19
The Canadian federal court overturned the Canadian government's decision to classify plastic products as toxic substances.
On November 16, 2023, the Canadian Federal Court ruled on the Canadian government's decision to classify all plastic manufactured items (PMI) as toxic substances under the Canadian Environmental Protection Act (CEPA).
The federal court overturned this decision and found it unreasonable and unconstitutional to classify all plastic products as toxic substances.
Source: decisions. fct cf.gc.ca
The Canadian federal government proposed this decision in 2021, aiming to include PMI in the CEPA's list of toxic substances (Appendix 1), and issued bans on the production, import, and use of six types of plastic products, including plastic tableware, straws, and shopping bags.
The Plastics Coalition has challenged this decision, stating that it does not comply with CEPA's statutory plan. The PMI is too broad and should not be classified as a "substance" or "Class I substance" in the CEPA Annex 1 Toxic Substances List. Currently, there is insufficient scientific analysis and risk assessment to prove that PMI is toxic.
According to Judge Angela Furlanette's ruling, the order to add PMI to the Toxic Substances CEPA Schedule 1 has been retroactively revoked and declared invalid.
Regarding this result, Canadian Environment Minister Steven Guilbault stated that the government intends to file an appeal. CEPA Annex 1 is directly related to the one-time plastic ban issued by the Canadian government, and a court ruling declaring it invalid may also have an impact on it. However, whether this ruling will affect the implementation of the plastic ban has not been conclusively determined.
In fact, Canada's ban on disposable plastics has made some progress since its implementation. Production and import bans have been implemented gradually since December 2022, while sales bans are planned to be implemented gradually from December 2023.
The ruling of the Canadian Federal Court has once again brought regulatory issues related to plastic products to the forefront of public attention. At the same time, this also serves as an opportunity for the government to re-examine and improve plastic regulatory measures, so that more scientific policies can be formulated in the future to achieve a better balance between environmental protection and industrial development.
Reference source:
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/524419/index.do
https://www.packaginglaw.com/news/canadian-federal-court-invalidates-designation-all-plastics-toxic
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