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Canada Bans Plastic Waste Exports for Disposal

Full Title: An Act to amend the Canadian Environmental Protection Act, 1999 (final disposal of plastic waste)

Summary#

This bill amends the Canadian Environmental Protection Act, 1999 (CEPA) to ban the export of listed plastic waste to foreign countries for final disposal. It defines “plastic waste” by a new Schedule 7, lets the federal Cabinet update that list, and makes violations an offence under CEPA. The law would take effect 12 months after royal assent (Clause 3).

  • Bans exporting listed plastic waste for final disposal (Section 186(1.2); Schedule 7).
  • Defines plastic waste by listing specific polymers (Schedule 7).
  • Allows the Governor in Council (federal Cabinet) to add or remove plastics from the list by order (Section 186(1.3)).
  • Makes violations an offence under CEPA’s offence section (Section 272(1)(a) adding 186(1.2)).
  • States that application must respect federal and provincial powers (Section 186(1.4)).
  • Comes into force 12 months after royal assent (Clause 3).

What it means for you#

  • Households

    • No new duties or fees on residents are created by this bill. It targets exporters (Section 186(1.2)).
    • Local garbage and recycling rules do not change in the bill text. Any changes would come through existing municipal or provincial decisions. Data unavailable.
  • Businesses (waste haulers, brokers, exporters, manufacturers)

    • You must not export the listed plastic waste for final disposal after the effective date (Section 186(1.2); Schedule 7).
    • If you currently export plastic waste for final disposal, you will need domestic alternatives or other lawful options before the effective date (Section 186(1.2)).
    • Claims of “recycling” are not addressed by this amendment. Existing CEPA rules for other types of transboundary movement remain in place (Section 186(1) referenced; bill adds only a “final disposal” ban).
    • Violations are CEPA offences, which can trigger enforcement actions and penalties under CEPA (Section 272(1)(a) adding 186(1.2)).
  • Local governments

    • If municipal contracts involve exporting listed plastic waste for final disposal, those exports must cease once the law takes effect (Section 186(1.2); Schedule 7).
    • Contract changes may be needed to ensure compliance. Data unavailable on costs or timelines beyond the 12-month phase‑in (Clause 3).
  • Federal government

    • Environment officials must enforce a new export prohibition and manage updates to Schedule 7 if recommended by the Minister and approved by Cabinet (Sections 186(1.2), 186(1.3)).
    • Must apply the prohibition in a way that respects federal–provincial division of powers (Section 186(1.4)).
  • Timeline

    • The ban takes effect 12 months after royal assent (Clause 3).

Expenses#

Estimated net cost: Data unavailable.

  • No direct appropriation or spending is included in the bill text.
  • Administrative and enforcement costs to the federal government: Data unavailable.
  • Potential fine revenue from CEPA offences: Data unavailable.
  • Impacts on provincial/municipal or private sector waste management costs: Data unavailable.

Proponents' View#

  • Reduces the practice of shipping plastic waste abroad for disposal by making it illegal to export listed plastics for final disposal (Section 186(1.2); Schedule 7).
  • Provides clarity through a defined list of plastics, covering common resins like polyethylene, polypropylene, PET, polystyrene, and PVC (Schedule 7).
  • Allows quick updates to the list as materials and markets change, through Cabinet orders on the Minister’s recommendation (Section 186(1.3)).
  • Gives a 12‑month transition so exporters and municipalities can adjust contracts and infrastructure before the ban applies (Clause 3).
  • Strengthens enforcement by adding the new prohibition to CEPA’s offence provisions (Section 272(1)(a) adding 186(1.2)).

Opponents' View#

  • Could raise domestic waste management costs if exporters must shift listed plastic waste from foreign disposal to Canadian landfills or other domestic options; the bill provides no funding to offset this (Section 186(1.2)). Data unavailable.
  • May increase pressure on local landfills or facilities if significant volumes can no longer be exported for final disposal (Section 186(1.2)). Data unavailable.
  • Enforcement may be complex, as authorities must distinguish between shipments for “final disposal” (prohibited) and other purposes not addressed by this amendment; risk of mislabeling concerns (Section 186(1.2)).
  • The fixed list approach may create gaps if new plastic types emerge or if waste is mixed; frequent list updates could be needed (Schedule 7; Section 186(1.3)).
  • Division of powers issues could arise in implementation, even though the bill instructs application to respect federal and provincial competences (Section 186(1.4)).

Timeline

Dec 16, 2021 • Senate

First reading

Jun 8, 2023 • Senate

Second reading

Oct 19, 2023 • Senate

Consideration in committee

Climate and Environment
Trade and Commerce
Criminal Justice