The Federal Court is dealing a new setback to the environmental policies developed by the Trudeau government. Even though plastic is rarely recycled and represents a significant source of pollution in Canada and elsewhere in the world, the Court has just rejected the listing of plastic items as “toxic substances”.
In the spring of 2021, the Trudeau government added manufactured plastic products to the list of toxic substances listed in the Canadian Environmental Protection Act (CEPA). They were therefore considered to have a harmful effect on the environment or biological diversity.
This decision, supported by scientists and environmental groups, was however contested by several companies in the plastic and petrochemical sector, united within a “Coalition for Responsible Use of Plastic” (CURP).
The CURP, which brings together nearly thirty companies across the country such as Dow Chemicals, Imperial Oil and Nova Chemicals, argued that the designation of all plastic products as “toxic” is inaccurate. “In fact, there is no credible evidence that any of the single-use plastics are toxic,” their court filings read.
The Federal Court has just ruled in their favor. In a decision released Thursday, she concluded that “the decree and the corresponding listing of manufactured plastic items on the list of toxic substances in Schedule 1 are both unreasonable and unconstitutional.”
Decision on appeal?
“The scientific data is clear: plastic pollution is omnipresent in our environment and harms wildlife and their habitats,” responded Federal Environment Minister Steven Guilbeault in a written statement on Thursday. “Increasing evidence also shows the impact on human health. We firmly believe that action must be taken to combat this crisis and prevent millions of trash bags from ending up on our beaches, in our waters and in nature. This is what we will continue to fight for. »
“The Government of Canada is carefully reviewing the Federal Court’s judgment and is strongly considering an appeal,” he added.
It must be said that this decision could impact the government’s ban on single-use plastic items, since it can only regulate substances for environmental protection purposes if they are listed as toxic under the law.
However, the Trudeau government had decided to ban the sale of shopping bags, utensils, mixing sticks and “food containers made entirely or in part from problematic plastics that are difficult to recycle” at the end of 2023. Regarding “beverage packaging rings” and “flexible straws packaged with beverage containers” (such as juice boxes), the sale was to be banned in June 2024.
According to federal government estimates, the new regulations were expected to eliminate 22,000 tons of “plastic pollution” over a period of 10 years, “the equivalent of more than a million garbage bags full of trash.”
For comparison, currently, approximately 29,000 tonnes of plastic are dumped into the environment each year in Canada. Canadians use more than 4.6 million tonnes of plastic per year, including 15 billion plastic shopping bags. However, barely 9% of this plastic is currently recycled. However, the Trudeau government has committed to reaching a recycling target of 90% by 2030.
Pollution
A federal “scientific assessment” has already highlighted that there are several uncertainties about the health impacts of our chronic exposure to plastic particles.
“Humans can be exposed to microplastics through ingesting food, bottled water and tap water, as well as inhaling indoor or outdoor air. However, information on the effects of these microplastics on human health is limited, and additional research is required to better determine target tissues, threshold doses and modes of action,” the document noted.
The analysis also indicated that pollution by plastic particles is very present in our daily lives. “Sources of indoor air pollution from microplastics include fiber loss from clothing, furnishings, carpets and household goods, while microplastics polluting outdoor air come from a variety of sources, including wear of vehicle tires. »