Bottled water is pictured in North Vancouver, B.C., Tuesday, May 7, 2019. Canada’s proposed ban on single-use plastics may not run afoul of its trade deal with the United States and Mexico, but experts suggest it disregards the “pause-and-check” spirit of the agreement. THE CANADIAN PRESS/Jonathan Hayward

Bottled water is pictured in North Vancouver, B.C., Tuesday, May 7, 2019. Canada’s proposed ban on single-use plastics may not run afoul of its trade deal with the United States and Mexico, but experts suggest it disregards the “pause-and-check” spirit of the agreement. THE CANADIAN PRESS/Jonathan Hayward

Unilateral ban on single-use plastics ignores spirit of USMCA, critics, experts say

The issue has extra focus due to the upcoming U.S. election

Canada’s proposed ban on single-use plastics may not run afoul of its trade deal with the United States and Mexico, but experts suggest it disregards the “pause-and-check” spirit of the agreement.

The Washington-based Plastics Industry Association added its voice this week to a chorus of complaints about the proposal, which would classify certain manufactured plastic items, including straws and carry-out bags, as “toxic substances” under the Canadian Environmental Protection Act.

“By designating plastics as ‘toxic,’ the Canadian government is recklessly making policy that could have significant negative impacts on human health,” association president Tony Radoszewski said in a statement.

“Simply put, the single-use plastic items we use every day are not toxic, but in fact are life-saving.”

The association echoed concerns raised last month by the U.S.-based Vinyl Institute that the proposal could “undermine” the U.S.-Mexico-Canada Agreement, which took effect in July.

Trade lawyers and Environment Minister Jonathan Wilkinson were quick to disagree Wednesday when the proposal was unveiled.

“I think those concerns that are being expressed are simply wrong,” Wilkinson said.

“This proposal is really focused on ensuring that all products, whether they’re manufactured here or elsewhere, are treated in the same way. I do not see a trade concern.”

The agreement that replaced NAFTA, known as the USMCA in the U.S. and CUSMA in Canada, includes standard exceptions for “environmental measures necessary to protect human, animal, or plant life or health,” and “measures relating to the conservation of living and non-living exhaustible natural resources.”

However, it also reflects a spirit of mutual co-operation that argues for consulting one’s partners before imposing new restrictions, said Dan Ujczo, a trade lawyer in Ohio who specializes in Canada-U. S. matters.

“This is a tough case to make under USMCA because (of) the health, safety and environmental exceptions,” Ujczo said.

READ MORE: Straws, stir sticks and bags among first targets of countrywide plastics ban

But Chapter 12 of the deal includes commitments, “at least in spirit,” that oblige the three partners to “pause and check with the other” when planning measures affecting a range of materials, including chemicals and plastics, he added.

It’s reflective of the efforts Canada and the U.S. began in 2011 under the Regulatory Co-operation Council, which was aimed at aligning rules and safety standards for identical products on opposite sides of the border.

“What we’re trying to get to in Canada-U. S. is what every two-parent household learns very early on in their child’s life,” said Ujczo.

“Before you say ‘Yes,’ you check with the other parent to see, because usually the kids know how to play one off the other.”

Canada takes its obligations under the USMCA “very seriously,” said Youmy Han, press secretary for International Trade Minister Mary Ng.

“Our work to ban single use plastics will respect all our commitments in the new NAFTA,” Han said in a statement.

“As per our government’s approach to trade, the new NAFTA in no way prevents Canada from taking strong action to protect the environment.”

The Vinyl Institute’s complaint, which predated Wednesday’s announcement by several weeks and was based on Liberal government campaign promises, was also included in a Sept. 11 letter to U.S. Trade Representative Robert Lighthizer.

A spokesperson for the Plastics Industry Association would not say whether Radoszewski raised the matter with Lighthizer. The USTR did not respond to media queries.

In the Trump era, the political landscape always plays a role. With less than a month to go before the U.S. election, there is striking alignment between the plastics industry and the president’s electoral interests.

Outside of solidly Democratic California, the list of states with the largest number of Americans who work in plastics reads like turn-by-turn directions to the White House: Ohio, Texas, Michigan and Pennsylvania.

That said, Ujczo ⏤ describing the Great Lakes region as a global hub for polymers, plastics and chemicals ⏤ said there’s not likely much traction in places like Ohio for any action before voters head to in-person polls next month.

“The concern is not the measure itself. It’s the timing and tempo of it,” he said.

“As much as it’s true that this is an issue here, it’s not going to resonate. There’s no oxygen for an issue like this leading up to Nov. 3.”

James McCarten, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Plastic Bag Ban

Just Posted

Forty sled dogs were seized by the BC SPCA from a Salmo kennel in February. A recent ruling has decided the dogs won’t be returned. Photo: Gounsil/Flickr
BC Farm Industry Review Board rules against Salmo kennel after 40 sled dogs seized

Spirit of the North Kennels was also ordered to pay BC SPCA $64,000

Residents line up outside the Vernon Recreation Complex for their COVID-19 vaccine Saturday, June 5. (Jennifer Smith - Morning Star)
No appointments necessary for first dose COVID-19 vaccine: Interior Health

People can just show up at clinics, register on the spot and get the shot

SD20 now has an electric bus. Photo: Submitted
Kootenay-Columbia School District 20 adds electric bus to fleet

Bus will be incorporated into Castlegar route for next school year

Painting by Dave Davies from Shaver’s Bench facing Teck Trail.
Happy 120th Birthday to the City of Trail!

The town of Trail Creek- or Trail Creek Landing - was incorporated as a city on June 14, 1901.

Cropped photo: Silver Screen Drive-in will be in the upper parking lot of Waneta Plaza.
Summer drive-in returns to Trail unveiling blockbuster movies

PHOTOS: Scroll to bottom for a trip down memory lane to the Auto Vue Drive-In

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

Members of the Department of Fisheries and Oceans’ Marine Mammal Response Program rescued an adult humpback what that was entangled in commercial fishing gear in the waters off of Entrance Island on Thursday, June 10. (Photo courtesy Marine Mammal Response Program)
Rescuers free humpback ‘anchored’ down by prawn traps off Vancouver Island

Department of Fisheries and Oceans responders spend hours untangling whale

As stories of the horrors of residential schools circulate after the Tk’emlups te Secwepemc First Nation announced it had located what are believed to be the remains of 215 children, Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs said he feels a connection with the former students. THE CANADIAN PRESS/Darryl Dyck
2 sides of the same coin: Ex-foster kids identify with residential school survivors

Grand Chief Stewart Phillip says the child welfare system takes Indigenous children from their families

Nathan Watts, a member of the Tseshaht First Nation near Port Alberni, shares his story of substance use, a perspective he said isn’t seen enough. (Photo courtesy of Nathan Watts)
Public shaming, hate perpetuates further substance use: UVic researcher

Longtime addict Nathan Watts offers a user’s perspective on substance use

Most Read