As the year 2024 starts, the Canadian Government continues to implement its "Zero Plastic Waste Agenda", through judicial and legislative measures.
In advancing this Agenda, on December 30, 2023 the Government of Canada opened a consultation on its publication of a Notice of intent to issue a section 46 for the Federal Plastics Registry. The plastics registry would collect data on plastics by requiring that producers report annually on the quantity and types of plastic they place on the Canadian market and its end-of-life management.1 Stakeholders can send their comments to ECCC until February 13, 2024.
In addition, the Federal Court issued its decision (the "Decision") in November 2023 finding that the Order listing "plastic manufacturer items" as a toxic substance under Schedule I of the Canadian Environmental Protection Act, 1999 was unreasonable and unconstitutional. On December 8, 2023, the Government of Canada appealed the Decision, submitting that the lower court erred in finding the ECCC's decisions unreasonable, that the Order was ultra vires, and that the application was not moot.2 For a summary of the Decision and its impacts on the Single-use Plastics Prohibition Regulations, see McCarthy Tétrault LLP's insight bulletin.
Further development on Canada's implementation of its plastics agenda and the future of the Single-use Plastics Prohibition Regulations are expected throughout 2024. Our knowledgeable team can offer support and provide guidance as the situation evolves.
Footnotes
2. Notice of Appeal, File No. T-824-21, December 8, 2023.
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