Are Single-Use Plastics "Toxic"?

A Plan to Ban Single-Use Plastics

In 2019, the Federal Government promised a ban on "harmful single-use plastics" by 2021 as part of its broader strategy to reduce waste and pollution.¹  To do so, the Federal Government has two options: 1) create new stand-alone legislation or, 2) use existing legislation to enforce the prohibition.  The latter option was recently used by this same government to ban "plastic microbeads that are ≤ 5mm in size" by adding the substance to Schedule 1 of the Canadian Environmental Protection Act, 1999 ("CEPA").²

Regulation of Toxic Substances under CEPA

Under CEPA, a substance is considered toxic "if it is entering or may enter the environment in a quantity or concentration or under conditions that (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity; (b) constitute or may constitute a danger to the environment on which life depends; or (c) constitute or may constitute a danger