An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste)

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

Sponsor

Scot Davidson  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

In committee (Senate), as of June 22, 2021
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Canadian Environmental Protection Act, 1999 to prohibit the export of certain types of plastic waste to foreign countries for final disposal.

Similar bills

S-234 (current session) An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste)
C-204 (43rd Parliament, 1st session) An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-204s:

C-204 (2021) Ukrainian Heritage Month Act
C-204 (2015) An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)
C-204 (2013) Economic Development Agency of Canada for the Region of Northern Ontario Act

Votes

June 2, 2021 Passed 3rd reading and adoption of Bill C-204, An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste)
Feb. 3, 2021 Passed 2nd reading of Bill C-204, An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste)

Canadian Environmental Protection Act, 1999Private Members' Business

May 14th, 2021 / 2:45 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I want to thank the member for introducing Bill C-204. There has been some discussion today, and he seems disappointed that some people on this side of the House have indicated that they are not going to vote in favour of it. However, it seems as though the NDP and the Bloc are onside with it, so I would suggest to the member that indeed a majority is a victory, even though it might not be unanimous.

Canadian Environmental Protection Act, 1999Private Members' Business

May 14th, 2021 / 2:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The time provided for the consideration of Private Members' Business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.

The House resumed from May 14 consideration of the motion that Bill C-204, An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste), be read the third time and passed.

Canadian Environmental Protection Act, 1999Private Members' Business

June 1st, 2021 / 5:15 p.m.

Assistant Deputy Speaker Carol Hughes

The hon. member for Kingston and the Islands had nine minutes remaining in debate the last time this was before the House.

The hon. member for Kingston and the Islands.

Canadian Environmental Protection Act, 1999Private Members' Business

June 1st, 2021 / 5:15 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I rise again to speak to Bill C-204, an act to amend the Canadian Environmental Protection Act, 1999, the final disposal of plastic waste.

This bill, if enacted, will prohibit the export of plastic waste from Canada for final disposal. The government will not be supporting the legislation for multiple reasons, including because the approach it takes is deeply flawed and unlikely to be effective at addressing the problem it purports to solve, which is the shipment of waste to countries that are unable to handle it.

Let me be clear that the government firmly believes we must handle our waste in an environmentally sound manner both at home and internationally. That is why domestically we have advanced a comprehensive agenda to achieve zero plastic waste. Our approach will ensure we drive a circular economy for plastics; that means keeping plastics in our economy and out of our environment. Our comprehensive approach includes banning harmful single-use plastics, where warranted, supported by science.

Specifically, we are proposing to ban six items that have been shown to be prevalent in the environment causing harm, are difficult to recycle and where readily available alternatives exist. These items are plastic checkout bags, straws, stir sticks, six-pack rings, cutlery and foodware made from hard-to-recycle plastics.

However, our approach is not just about bans. We know that plastics are a valuable commodity and that we need to be better managing them at the end of their useful life. That is why we are working with provinces and territories to advance extended producer responsibility, which will make plastic producers responsible for their plastic waste.

Additionally, we are working toward the introduction of minimum recycled content standards for plastic products. This approach will ensure that we keep the plastics we use in Canada in the Canadian economy and not export them. These actions will drive the transition to a more circular economy. This will not only reduce pressure on the environment, but will also increase competitiveness, stimulate innovation and create jobs.

To this end, Canada will host the World Circular Economy Forum later this year. The WCEF recognizes that truly competitive solutions are born when the economy and the environment go hand in hand, a phrase the Conservatives have recently adopted. The WCEF brings together a broad range of stakeholders, including policy-makers, business leaders and other experts. The WCEF explores the world's best circular economy solutions, with the aim of accelerating the global transition of a circular economy.

Organized for the first time in North America, the WCEF 2021 in Canada will bring dynamic new voices to the global conversation on a circular economy and take an in-depth look at circular opportunities in a North American global context. It will also offer an excellent opportunity to demonstrate Canada's progress on plastics and explore the systemic changes needed to accelerate the global circulation transition.

The WCEF seeks to position the circular economy as a tool to help us respond to the challenges we face from the pandemic as well as the crises of climate change, biodiversity loss and pollution, including that of plastic pollution. We want to play our part as responsible global citizens, which is why we are following through on new international controls on trade in plastic waste and taking a leadership role on plastic on the international stage.

These controls, advanced under Basel Convention on transboundary movement of hazardous wastes and their disposal, will ensure that we are not exporting our waste to countries that are not able to manage it in an environmentally sound manner.

Recently, Canada ratified amendments under the Basel Convention respecting the control of plastic waste. These amendments include within the scope of the convention certain non-hazardous and non-recyclable plastic waste, like mixing or contaminated plastic waste and certain resins and PVC.

The Basel amendments on plastic waste also clarify that hazardous plastic waste is covered by the convention. With the amendments, prior and informed consent must be obtained before plastic waste covered by the convention can be exported. The purpose of the amendments is to contribute to a cleaner trade of plastic waste globally by controlling exports of plastic waste to countries that face challenges to properly manage it.

These controls effectively make Bill C-204 redundant, because Canada is already implementing effective controls on the movement of plastic waste. Further, Bill C-204 would have the effect of creating two sets of potentially conflicting requirements for plastic waste exports in Canada: those captured under this bill and those captured under the Basel Convention.

Last, Bill C-204 would leave the much larger issue of plastic waste destined for recycling unaddressed. If the member's intent was to address plastic waste exports to countries that were unable to manage them in an environmentally sound manner, the bill would be unlikely to address this problem.

The federal government is implementing a comprehensive agenda to manage our plastic waste both domestically and internationally. In contrast, Bill C-204 would be ineffective at addressing the problem it purports to solve. It would be problematic to administer and enforce and it would very likely create conflicting requirements with respect to Canada's management of plastic waste exports. As I have also said, it is unnecessary. Canada is already implementing controls under the Basel Convention to ensure we are managing our waste in a responsible manner, so it is not being exported to countries that are unable to manage it.

Given these considerations, the government remains opposed to the legislation. I hope my opposition colleagues will re-evaluate their support for the legislation, given the arguments I have advanced today.

Canadian Environmental Protection Act, 1999Private Members' Business

June 1st, 2021 / 5:20 p.m.

Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, it is always a pleasure to rise in the House, especially to talk about the environment and how we must move forward on protecting the environment and reducing greenhouse gases.

I have to say that it is rather refreshing to see members of the Conservative Party introduce environmental bills. Although it lacks some teeth and is still timid, it is a good step forward, and I thank the hon. member for York—Simcoe for his work.

On the other hand, I would say that it is rather discouraging to see the Liberals oppose this bill.

I would remind the House that the bill seeks to prohibit the export to foreign countries of certain types of plastic waste for final disposal. This makes sense to us.

In Canada right now, we should be able to recycle all the plastic waste we produce. No plastic waste should be destined for final disposal. Unfortunately, the reality is that this is not the case.

Still, a number of things happened during the study in committee, and it is clear that the bill is not perfect.

For example, it could have been improved by an opposition amendment proposing that the prohibition “not apply to plastic waste consisting exclusively of one non-halogenated polymer or resin”, certain other types of polymers and other materials that I will not list because they have rather complicated names, “provided the plastic waste is destined for recycling in an environmentally sound manner”.

As I said, Canada does not recycle all of its plastic waste. Countries like the United States, by contrast, have technology that allows them to recycle certain types of plastic waste. The amendment would have allowed us to continue, for example, to export certain types of plastic waste to the United States, on the condition that they be recycled in an environmentally sound manner.

Unfortunately, the amendment was rejected, but the bill still works, so long as there is a provision in clause 1(1.3) that allows the government to amend the list of plastic wastes set out in Schedule 7. This schedule would thus allow the government to exclude the prohibition of certain plastics destined for export to the United States to be recycled there.

It is not perfect, but at least it allows the bill to pass muster. It is a good bill and the Bloc Québécois remains in favour of its adoption.

However, we need to acknowledge that we might not necessarily be tackling the right problem, and we need to go further. The fact is, we need to produce less waste and be able to dispose of the waste we do produce ourselves. This bill once again highlights the Liberals' doublespeak on environmental issues.

On the one hand, the government wants to ban straws and four or five other single-use plastics. That is great, but it is not nearly enough. On the other hand, it wants to keep sending its garbage to other countries, without worrying about it being used as fuel or ending up in the environment.

Why does the government refuse to accept responsibility and manage its own waste?

Is it because that would be too embarrassing, since it would reveal the enormous amount of plastic we produce, import, use and throw away? It is a valid question.

It is clear that we need to do more than the provisions of Bill C-204 because that is what is needed to tackle the climate crisis. As a rich country, we have a duty to lead by example. The next generation is watching us and will judge the government by its actions, not just the speeches it makes.

Prohibiting the export of our waste is important, we can all agree on that, but the thing that requires more urgent action is the production of that waste. It seems pretty clear that the limitation of Bill C-204 is that it does not get to the heart of the problem. We must absolutely reduce our production of plastic waste.

Look at the production and distribution of single-use plastic. Why is that still allowed? We definitely need to rethink the way we manage the life cycle of materials in our economy.

If the government really wants to take action on this issue and walk the green talk, it should transfer funds to Quebec and the provinces that, like Quebec, are already implementing a strategy of extended producer responsibility. The transfers should come with no strings attached because the provinces are entirely capable of finding winning solutions to this incredible challenge. In fact, the federal government must act now to give recycling companies the means to recycle more complex plastic products.

There is a very real and urgent need to reduce our production and consumption of single-use plastics. Municipalities in my riding understand the urgency and are already doing their part.

In 2020, the mayors of the 34 municipalities in the RCMs of La Mitis and La Matapédia voted to ban single-use plastic bags as of January 1, 2021. Elected officials in La Mitis went one step further: They will ban single-use packaging, such as styrofoam, which is widely found in grocery stores or cafeterias, for instance. Theoretically, RCMs do not have the authority to ban these products. It is, therefore, up to each municipality to adopt a resolution to ban them. On May 17, the Mont-Joli municipal council got the ball rolling by adopting a bylaw to ban single-use plastics.

I must admit that I am quite proud to represent a region that is already more proactive on environmental issues than the federal government. I hope that municipalities across the country will follow this example and get involved. By doing so, we are taking part in the fight against climate change in a concrete way. Taking action means taking concrete steps that will certainly have a positive impact in the end. I also hope that they will inspire the federal government to take concrete action on a larger scale.

I remind members that one of the most visible consequences of plastic products is the massive amount of waste produced that remains in the environment for years. Small amounts of plastics can be found in the water and in the ground, and they sadly pose a serious threat to wildlife and ecosystems.

We already knew that Canada was a big consumer of single-use plastics, but the pandemic has exacerbated the problem. In its September 2020 report, Oceana Canada says that Canada currently uses 4.6 million tonnes of plastics every year. That is roughly 125 kilograms per person, which is a massive amount. Experts predict that, by 2030, that number will grow to more than six million tonnes of plastic.

Plastic packaging accounts for nearly half of all plastic waste, and the COVID-19 pandemic is only making things worse. Just think of all of the plastic containers used for takeout meals or the increased use of disposable masks and gloves.

Renowned magazine The Economist, a mostly right-leaning magazine, reported that consumption of single-use plastic may have grown by 250% to 300% in North America during the pandemic, as a result of the increased use of food containers.

Again, according to Oceana Canada, that increase is even more worrisome because most of the plastic used in Canada never gets recycled. The federal government itself estimated the rate of recycling at less than 10% in 2019. The rest mainly ends up in landfills, but it also gets discarded in the environment, in waterways and oceans.

I was saying that we need to rethink how materials circulate. It is important to understand that we need to transition to a circular economy. In a circular logic, the goal is to reduce the environmental footprint while contributing to the well-being of individuals and communities. It is a way to produce, trade and consume goods and services by optimizing the use of resources at all stages of their life cycle. To make that happen on a large scale, we need to rethink our methods of production and consumption in order to use fewer resources and protect the ecosystems that generate them. To that end, we need to extend the lifespan of our products and give them new life.

The circular economy gives priority to the shortest and most local routes. It has many advantages and positive spinoffs. It makes it possible to create wealth by adding value to our raw materials, keeping our raw materials here, promoting the local economy and establishing successful companies. It is a win-win situation.

The federal government should encourage this practice. It is a cycle. We need to produce less, convert our waste into new products, and give those products a second life here instead of sending them overseas.

Oceana Canada has sounded the alarm. Over a 30-year period, Canada exported four million tonnes of plastic waste. That is the weight of 800 blue whales per year. It is a striking image. The organization estimates that Canada's contribution to the global plastic catastrophe is disproportionate. Canada produces up to 3.6 times more plastic waste than some countries in Southeast Asia and almost twice as much as some Scandinavian countries.

It goes without saying that the government must take urgent action. It must ban single-use plastics immediately. Its current plan targets a paltry six products. The government needs to do better or it will not come close to achieving its zero plastic waste goal by 2030.

Earlier, I talked about the circular economy and waste reduction. That is important because recycling is not a panacea. Given the quantity of plastic we produce, getting people to recycle will not cut it. The government needs to do its part, stop talking out of both sides of its mouth and introduce initiatives like my colleague from York—Simcoe's Bill C-204. I want to reassure my colleague that the Bloc Québécois will vote in favour of that bill and I thank him again for his work. I hope the debate at second reading will be productive.

The House resumed from June 1 consideration of the motion that Bill C-204, An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste), be read the third time and passed.

Canadian Environmental Protection Act, 1999Private Members' Business

June 2nd, 2021 / 4:15 p.m.

The Speaker Anthony Rota

Pursuant to order made on Monday, January 25, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-204 under Private Members' Business.

(The House divided on the motion, which was agreed to on the following division:)

Vote #128

Canadian Environmental Protection Act, 1999Private Members' Business

June 2nd, 2021 / 4:25 p.m.

The Speaker Anthony Rota

I declare the motion carried.

(Bill read the third time and passed)