Mr. Speaker, regarding part (a) of the question, as required under section 332 of the Canadian Environmental Protection Act, 1999, CEPA, a draft order in council proposing to add “plastic manufactured items” to schedule 1 of CEPA was published in the Canada Gazette, part I, on October 9, 2020, for a 60-day public comment period. After the public comment period is complete, Health Canada and Environment and Climate Change Canada will review comments received and determine whether adjustments are needed to the draft order. A final order in council adding “plastic manufactured items” to schedule 1 will be published in Canada Gazette, part II, in 2021.
With regard to part (b) of the question, the “Cabinet Directive on Regulation” requires departments and agencies to ensure Canada’s international commitments are met when carrying out their regulatory activities, including in the area of international trade. In addition, the directive requires departments and agencies to analyze the potential positive and negative impacts of a proposed regulation and its feasible alternative options on Canadians, businesses, governments and the environment, and identify how impacts are distributed across the various parties.
A cost-benefit analysis was conducted for the draft order in council that proposes to add “plastic manufactured items” to schedule 1 of CEPA, and found that the addition of “plastic manufactured items” to schedule 1 would not, on its own, impose any regulatory requirements on businesses or other entities, and would therefore not result in any incremental compliance costs for stakeholders. The small business lens analysis concluded that the proposed order would have no associated impact on small business, as it does not impose any administrative or compliance costs on businesses. This can be found in the “Regulatory Impact Analysis Statement” accompanying the draft order in council in Canada Gazette, part I.
With regard to part (c) of the question, the “Cabinet Directive on Regulation” requires departments and agencies to examine the potential impacts on employment of a proposed regulation and its feasible alternative options on Canadians, businesses, governments and the environment, and identify how impacts are distributed across the various parties. A cost-benefit analysis was conducted for the draft order in council that proposes to add “plastic manufactured items” to schedule 1 of CEPA and found that the addition of “plastic manufactured items” to schedule 1 would not, on its own, impose any regulatory requirements on businesses or other entities, and would therefore not result in any incremental compliance costs for stakeholders. The small business lens analysis concluded that the proposed order would have no associated impact on small business, as it does not impose any administrative or compliance costs on businesses. This can be found in the “Regulatory Impact Analysis Statement” accompanying the draft order in council in Canada Gazette, part I.
Regarding part (d) of the question, any risk management measures developed using the enabling authorities provided by adding “plastic manufactured items” to schedule 1 of CEPA, including regulations prohibiting or restricting the use of certain single-use plastic items, will undergo all of the analysis required by the “Cabinet Directive on Regulations”, including analysis of benefits and costs. As the government is still consulting partners and stakeholders and is still developing an approach for prohibiting or restricting certain single-use plastic items, this level of analysis is not yet available. However, this detailed analysis will accompany any draft regulations published in Canada Gazette, part I.
Regarding part (e) of the question, the Government of Canada has been working closely with provinces and territories through the Canadian Council of Ministers of the Environment to develop and implement the strategy on zero plastic waste, which seeks to move Canada toward a circular economy for plastics, positioning the country as a leader in forward-looking and innovative waste prevention and management solutions.
Provinces and territories have been provided regular updates on the Government of Canada’s comprehensive agenda for achieving zero plastic waste through the CCME, which often serves a forum for exchanging information on federal, provincial and territorial initiatives. For example, at the latest CCME meeting in July 2020, federal, provincial and territorial ministers devoted a major portion of their meeting to sharing perspectives and strategies for a sustainable post-pandemic recovery. Provinces and territories were also provided with early copies of the discussion paper that was released on October 7 for their review, and federal officials presented on the integrated management approach to the CCME’s waste reduction and recovery committee in September 2020.
With regard to part (f) of the question, the Government of Canada’s approach is based on the best available science and evidence. The scientific basis is outlined in the “Science Assessment of Plastic Pollution”, developed jointly by Environment and Climate Change Canada and Health Canada. The science assessment confirms that, among other things, plastic items greater than five millimetres in diameter have been shown to cause harm to living organisms and their habitat. Wildlife ingest or become entangled in these plastics, which result in direct harm and, in many cases, mortality. The science assessment confirms that action is needed to reduce plastics that end up in the environment.
In addition, data from shoreline cleanups and municipal litter audits show that single-use plastics are prevalent in the environment and pose a threat to wildlife. With this basis of science and evidence, the Government of Canada has proposed using enabling authorities under CEPA to regulate certain single-use plastics. CEPA is an important part of Canada's federal environmental legislation aimed at preventing pollution and protecting the environment and human health. CEPA provides a range of tools that allows the government to target sources of plastic pollution and change behaviour at key stages in the life cycle of plastic products, such as design, manufacture, use, disposal and recovery, in order to reduce pollution and create the conditions for achieving a circular plastics economy.
Regarding part (g) of the question, the recommendation to add a substance to schedule 1 of the Canadian Environmental Protection Act, 1999, CEPA, is on the basis of the provisions outlined in CEPA. In particular, subsection 90(1) of CEPA authorizes the Governor in Council to add a substance to schedule 1 if it is satisfied, on the recommendation of the ministers of health and environment, that the substance meets any of the criteria set out in section 64 of the act, i.e., if the substance poses a risk to the environment, human health or both. The “Science Assessment of Plastic Pollution” provided the ministers with the evidence to recommend adding “plastic manufactured items” to schedule 1 of CEPA, an action that would help address the potential ecological risks associated with plastic manufactured items becoming plastic pollution.
