Plastic Manufactured Items Listed as Toxic

Summary#

The government published a proposal — the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999 — to add “plastic manufactured items” to Schedule 1 of the Canadian Environmental Protection Act, 1999. The notice appeared in the Canada Gazette on October 10, 2020 and invites comments for 60 days; the addition itself does not create rules, but it gives federal ministers the legal authority to propose new controls on certain plastics.

What it does#

• Adds the category “plastic manufactured items” to Schedule 1 (the list of substances the law can regulate) under the Canadian Environmental Protection Act, 1999.
• Does not by itself ban products or impose new requirements. It simply lets the federal ministers use CEPA tools to develop future risk-management measures (which could include restrictions, bans, or producer-responsibility rules).
• Defines "plastic manufactured items" broadly as items made of plastic that have a specific shape or design and a function that depends on that shape.
• Notes the size distinction used in the science assessment: items ≤ 5 mm are treated as microplastics and those > 5 mm as macroplastics.
• Points out the government’s intention to use CEPA to address plastics across their lifecycle (design, import, use, waste) rather than relying only on voluntary or local measures.

Who's affected#

• Industry sectors that make, import, sell, or use plastic products: packaging, construction, automotive, electronics, textiles, household appliances, agriculture, and others.
• Municipalities and waste-management services involved in collection and recycling.
• Consumers could be affected later if the ministers propose measures that change available products or packaging.
• The proposal was sponsored by the Department of the Environment and the Department of Health.
• Because the proposal itself imposes no immediate rules, it is unclear exactly who will be affected until specific risk-management measures are developed and consulted on.

Why it matters#

• This listing gives the federal government a clear legal route to propose Canada-wide measures on plastics. That could lead to national bans, design requirements, or producer-responsibility rules in the future.
• The move responds to scientific findings that plastic pollution is widespread and can harm wildlife and habitats; a government science assessment published on October 7, 2020 recommended action to reduce macro- and microplastic pollution.
• In practical terms, nothing changes right away for businesses or the public. But if ministers later propose rules under CEPA, those rules could change what plastics are made, sold, collected, or banned — supporting Canada’s stated aim to reduce plastic waste and eliminate plastic pollution by 2030.