CIAC Statement on the Federal Court Decision: RPUC v. Canada 

November 17, 2023

The Chemistry Industry Association on Canada (CIAC) welcomes the November 16 conclusion by the Canadian Federal Courts that the April 23, 2021 Government of Canada’s addition of all Plastic Manufactured Items to Schedule 1 to the Canadian Environmental Protection Act (CEPA), 1999, is both unreasonable and unconstitutional. 

“This decision by the federal court confirms the view of the plastics industry, that using the authorities under CEPA ‘99 is not the appropriate way to manage the problem of plastic waste and to support the transformation to a circular economy for plastics in Canada,” said Christa Seaman, Vice-President of the Plastics Division at CIAC.

“This court decision will have much broader implications than the management of plastic waste. It reconfirms industry’s view that the risk assessment and risk management of substances under CEPA 99 must be conducted with the highest scientific rigor and not used as means to regulate substances which are not specifically assessed as posing unacceptable risks to human health and the environment,” said Bob Masterson, President and CEO of CIAC.   

Plastics are an integral part of our modern way of life and are critical to the health and safety of Canadians. CIAC members remain committed to working with governments to find meaningful solutions to address post-consumer use plastics and keep these from the environment.  We will continue to work with federal and provincial governments, and all stakeholders, to build a circular economy for plastics in Canada.