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An albatross carcass decomposes, revealing the plastic the bird consumed before it died.

Photo: Eric Dale Creative CC PDM 1.0

National
In progress

Fighting for accountability for plastics pollution

T-824-21 – Responsible Plastic Use Coalition et al v Minister of the Environment, et al

November 15, 2021

In May 2021, the federal government added plastic manufactured items as a toxic substance under Canada’s primary environmental law – the Canadian Environmental Protection Act (CEPA). This is a critical first step towards combatting the growing crisis of plastic pollution.

About 3.3 million tonnes of plastic are discarded in Canada each year, and only 9 per cent — about 305,000 tonnes — is recycled. The remainder ends up in landfills, incinerated, or finds its way into rivers, lakes and oceans. At our current dump rate, there will be more plastics in the oceans than fish by 2050.

Plastic pollution – and efforts to clean it up – comes with a high price tag. The plastic we throw away represents about $8 billion in lost revenue every year. It is estimated that the cost of cleaning up plastic pollution in the Great Lakes area alone (U.S. and Canada) is about $468 million a year.

Plastics are a harmful pollutant that burden our economy and threaten the health of our environment including our wildlife, rivers, lakes and oceans. Listing plastics as a toxic substance under CEPA enables the government to make regulations that will help mitigate environmental and health concerns at every stage of the plastics life cycle, including banning harmful single-use plastics, establishing recycled content requirements, and expanding extended producer responsibility.

Despite the overwhelming evidence of the harms posed by plastics pollution, a coalition of Canada’s largest plastics manufacturers has since decided to challenge the government’s decision with a lawsuit.

In March 2023, we went to court on behalf of Oceana Canada and Environmental Defence, fighting to protect and uphold the government’s ability to regulate plastic pollution.

In November 2023, the Federal Court ruled the Government of Canada acted outside its authority when it designated plastic manufactured items as ‘toxic’ under Schedule 1 of CEPA. In a statement, Minister of Environment and Climate Change Steven Guilbeault said the government was strongly considering appealing the decision — a move which Ecojustice urges our leaders to take.

Industry opposition to plastics regulation is out of step with science and public opinion. In fact, 90 per cent of people across Canada support a ban on single-use plastics and two-thirds want the proposed ban to be expanded even further.

It is well within the federal government’s authority to regulate plastic at all stages of its lifecycle. By listing plastics as a toxic substance under CEPA, the government took a vital, much-needed first step toward curbing plastic pollution and ensuring the plastics industry is effectively regulated and its harms mitigated. Ecojustice is intervening in this lawsuit to uphold the government’s decision.

Regulating plastic can help fuel product and system innovations and shape new consumer habits that will benefit us all – similar to how seatbelt regulations led to a reduction in vehicle fatality rates and led to improved vehicle safety features.

Listing plastics as toxic under CEPA is an important first step in a larger vision that includes, among other things, establishing performance standards with recycled content requirements and ensuring end-of-life responsibility.

Mar 2023
A collage of an iridescent chemical oil spill behind a hand reaching for clear plastic bottles.
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Ohio train wreck shows why we need plastics regulation

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Mar 2023
An albatross carcass decomposes, revealing the plastic the bird consumed before it died.
press release

Big Plastic fights government efforts to curb plastic pollution in court 

Environmental groups support listing of plastics as toxic under CEPA  OTTAWA/TRADITIONAL, UNCEDED TERRITORY OF THE ALGONQUIN ANISHNAABEG PEOPLE –  Environmental groups are in court this week to support the Canadian government’s efforts to fend off an industry-led effort to overturn the designation of plastics as “toxic” under the Canadian Environmental Protection Act (CEPA).
Aug 2022
An albatross carcass decomposes, revealing the plastic the bird consumed before it died.
press release

Enviro groups join fight to protect federal ban on single-use plastic products

Groups defend federal government’s authority to regulate single-use plastics  OTTAWA/TRADITIONAL, UNCEDED TERRITORY OF THE ALGONQUIN ANISHNAABEG PEOPLE – Environmental groups are aiming to join the legal fight to block industry-led efforts to kill Ottawa’s new ban on several single-use plastic items including straws, six-pack drink holders, cutlery, and takeout containers.
Nov 2021
An albatross carcass decomposes, revealing the plastic the bird consumed before it died.
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Why plastic is not so fantastic

Plastic production has skyrocketed in recent decades – globally, we now produce about 300 million tonnes annually, 20 times more than just 40 years ago.
Nov 2021
An albatross carcass decomposes, revealing the plastic the bird consumed before it died.
press release

Environmental groups enter legal fight over regulation of plastics pollution

Industry opposition to regulating plastics is out of step with science and public opinion OTTAWA/TRADITIONAL, UNCEDED TERRITORY OF THE ALGONQUIN ANISHNAABEG PEOPLE – Environmental groups are jumping into the legal fray to support the federal government as it fends off an industry-led lawsuit challenging its efforts to regulate plastic pollution.
May 2021
plastic pollution
press release

Canada takes first step toward much-needed regulatory action to address plastic pollution

Environmental groups urge government to proceed quickly with promised ban on non-essential single-use plastics TORONTO, ONT.
Jul 2019
A Canada goose stands on the shore touching a bag of garbage with its beak.
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Tackling Canada’s plastic pollution problems

As many Ecojustice supporters (like you!) know, Canada has a serious problem with plastic, and like you, the Ecojustice team is worried and determined to do something about it.