441-01715 (Environment)

Bill C-204, An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste), was initially introduced in the 43rd Parliament. However, Bill C-204 died on the Order Paper when the Federal Election was called in August 2021.

Senator Carignan introduced Bill S-234 on December 16, 2021. Bill S-234 is substantively identical to Bill C-204, as amended by the House of Commons Standing Committee on Environment and Sustainable Development. It is currently being studied by the Standing Senate Committee on Energy, Environment and Natural Resources.

While Bill C-204 and Bill S-234 are substantively the same, the Government assesses each Bill prior to adopting a position. The Government will also take into consideration the outcome of the Bill as it proceeds through the Senate.

The Government of Canada recognizes that plastic pollution affects wildlife and habitats, burdens economies, threatens livelihoods, and impacts the spaces Canadians cherish. This is a critical global challenge that requires prompt action. As such, the Government of Canada is committed to working with all levels of government, industry, civil society and others to reduce plastic pollution from land and aquatic sources and transition to circular and sustainable systems where plastics stay in the economy and out of the environment.

The government is implementing its comprehensive plan https://www.canada.ca/en/environment-climate-change/services/managing-reducing-waste/reduce-plastic-waste/canada-action.html through a range of complementary actions spanning the plastics lifecycle to reduce plastic waste, enable a circular plastics economy and protect the environment from plastic pollution. This includes: investing in science and in innovations, banning certain harmful single-use plastics, developing minimum recycled content requirements for plastic items, introducing rules to enhance the labelling of recyclable and compostable plastics and better inform consumers, designing a federal plastics registry that will require producers to report on plastics they place on the Canadian economy to support provincial and territorial extended producer responsibility efforts, and establishing a recycling target for plastic beverage containers.

The Government is also working with provinces and territories through the Canadian Council of Ministers of the Environment to implement the Canada-wide Strategy on Zero Plastic Waste and its associated Action Plan https://ccme.ca/en/current-activities/waste. This includes the publication of a roadmap to manage single-use and disposable plastics as well as guidance to facilitate consistent extended producer responsibility programs for plastics. Additional work is underway to create guidance to inform consumer behaviours and target plastic pollution sources.

Internationally, Canada continues to play a leadership role in tackling plastic pollution and is working with other countries and partners, including as an inaugural member of the High Ambition Coalition to End Plastic Pollution, to develop an ambitious and effective legally binding international instrument to end plastic pollution. Building on its comprehensive domestic plan and international efforts, the Government of Canada will strive for a comprehensive agreement that addresses the full lifecycle of plastics. In April 2024, Canada will host the fourth session of the international negotiating committee in Ottawa to develop the new agreement.

The Government of Canada is a party to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The federal government complies with its international obligations under the Convention through the implementation of the Canadian Environmental Protection Act, 1999 (CEPA)https://laws-lois.justice.gc.ca/eng/acts/c-15.31/ and the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulationshttps://laws-lois.justice.gc.ca/eng/regulations/SOR-2021-25/page-1.html, which control international and interprovincial movements of hazardous waste and hazardous recyclable material.

All Parties to the Basel Convention (191 Parties), including Canada, have ratified the Basel amendments on plastic waste that were adopted in 2019. The purpose of these amendments is to contribute to a cleaner trade of plastic waste globally by controlling exports of plastic waste to countries that face challenges managing it properly.  The Government of Canada officially accepted (ratified) the Basel amendments on plastic waste in December 2020.  As a result, hazardous plastic waste continues to be controlled under the Convention. The major change is that plastic waste that is not hazardous, yet hard to recycle, or contaminated, is now subject to controls.

The Government of Canada has implemented these amendments since January 1, 2021, through its legislative regime and requires the prior informed consent of the importing and transit, if applicable, country before certain waste can be exported. Once this permission is obtained, Environment and Climate Change Canada issues an export permit to the Canadian exporter. In providing its consent, the importing country confirms that it will manage the hazardous waste or hazardous recyclable material in an environmentally sound manner. In instances where consent is not obtained, the export is not allowed.  The exporter of any plastic waste exported from Canada under a permit must confirm that the waste has been disposed of or recycled in an environmentally sound manner in the country of destination.

Work to strengthen the regime for the transboundary movement of waste continues. Most recently, on September 30, 2023, proposed amendments to theCross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations were published in Canada Gazette Part I. The proposed amendments would also apply the Prior Informed Consent Procedure to all e-waste shipments, put Canada in a position to ratify the Basel Ban Amendments, as well as clarify certain implementation requirements of the Regulations which will hold exporters accountable for any shipments that are in contravention of CEPA and the Regulations. The Basel Ban Amendment prohibits exports of most hazardous wastes and hazardous recyclable materials from member states of the Organization for Economic Co-operation and Development, such as Canada, to developing countries. Stakeholders, interested parties, and Canadians are invited to review the proposed amendments and provide feedback before November 29, 2023.

Illegal traffic is a reality and Environment and Climate Change Canada continues its efforts to address this issue. The department works collaboratively with other departments such as the Canadian Border Services Agency (CBSA) to ensure compliance with the regulations. With CBSA, Environment and Climate Change Canada participated in a worldwide inspection initiative, Operation Demeter VIII with 89 other members of the World Customs Organization (WCO) from around the world including China, Italy, Laos, and Belgium. During this operation, Canada denied export of 10 containers at Canadian ports.

Compliance promotion plays a key role in informing the Canadian exporters’ community of the regulatory requirements related to the export of plastic waste. When combined with enforcement actions, they are an effective tool to address illegal exports and influence changes in the industry.