Revisiting Paper Packaging’s Circular Economy As Court Rules On Plastics Ban A Canadian Federal Court recently announced its ruling in response to the lawsuit brought forward by the Responsible Plastic Use Coalition (RPUC), made up of companies from the plastics industry, who requested a judicial
review of the federal government’s decision to add plastic manufactured items (PMIs) to the List of Tox- ic Substances under the Canadian Environmental Protection Act (CEPA). By classifying PMIs as a toxic substance, the government was able to enact the Single-use Plas- tics Prohibitions Regulations, which came into ef- fect December 2022, restricting the manufacture, import and sale of certain single-use plastic prod- ucts.
Rachel Kagan
The Federal Court’s decision in the Responsible Plastic Use Coalition vs. Environment and Climate Change Canada (ECCC) case ruled that the government’s order to add certain plastics to CEPA was “unreasonable and unconstitutional.” According to a brief from McMillan LLP, the court’s decision does not change the legislation currently in effect. Businesses who manufacture, distribute, sell, supply or use the six categories of single-use plastic prod- ucts that are subject to the Regulations should continue to comply. The Federal Government also announced its intention to appeal the court’s decision. That said, the Canadian Government is unlikely to withdraw from its efforts to address plastic pollution and its Zero Plastics Waste Agenda. At the end of the day, the federal government is sending a clear message to Canadian consumers and businesses: there is simply too much packaging waste, and too much of that packaging waste is plastic. PPEC has written about What Reducing Plastics Means for the Canadi- an Paper Packaging Industry before, and this lawsuit does not change our view. There will continue to be more demand for alternative packaging materials – including recyclable paper-based packaging – in response to growing plastic reduction initiatives, both here in Canada and around the world. But what it does change is what it means to have a circular economy, which is defined by the Government of Canada as: In a circular economy, nothing is waste. The circular economy retains and recovers as much val- ue as possible…It’s about using valuable resources wisely, thinking about waste as a resource instead of a cost, and finding innovative ways to bet- ter the environment and the economy. The term “circular economy” is everywhere, even though the actual model of using (and reusing) resources wisely is not everywhere. To PPEC and its members, the circular economy is more than just a term, it’s an action inherent and embedded in our industry’s operations. Canada’s paper packaging circular economy starts with sustainable forest management. And despite misconceptions, the paper packaging industry does not use much in the way of freshly cut trees, and the little that is harvested must be regenerated by law. The mill produces the material used to make packaging, using mostly recycled content, and responsibly sourced wood chips and sawmill resi- dues. It is then formed into rolls of paper and sent to a converter, where it is made into recyclable packaging products. Once used by the customer, CONTINUED ON PAGE 16
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December 25, 2023
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