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ARTICLE · 28 NOVEMBER 2023

Stick A (Plastic) Fork In It: Canadian Federal Plastics Designation Declared Unlawful

On November 16, 2023, the Federal Court of Canada (Court) released its decision in Responsible Plastic Use Coalition v. Canada (Environment and Climate Change).

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On November 16, 2023, the Federal Court of Canada (Court) released its decision in Responsible Plastic Use Coalition v. Canada (Environment and Climate Change). The Court declared that the federal government's Order (Order) adding "plastic-manufactured items" (PMI) to the Toxic Substances List in the Canadian Environmental Protection Act, 1999 (CEPA) was invalid and unlawful. The ruling raises questions about the federal government's ability to broadly regulate plastic substances and reinforces some concerns about the risk of federal overreach when relying on the criminal law power in the Constitution.

CEPA – Toxic Substances Framework

CEPA is Canadian federal legislation that aims to contribute to sustainable development through pollution prevention. As part of this core purpose, CEPA creates a framework that allows the federal government to regulate substances it deems to be toxic. The CEPA framework first requires federal Cabinet to be satisfied that

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