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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Al Scholing of Scholing’s Produce served as our March Burger of the Month Guest Chef in Lacombe, and helped the “Loaded Potato Skin Burger,” an Alberta beef patty, two Scholing’s baked potato “buns”, with shredded cheddar, pepper bacon, green onion, sour cream, iceberg lettuce, beefsteak tomatoes, sliced onion and pickles. Tow dollars from every burger sold was donated to Scholing’s charity of choice the Team Jigger Foundation. (Photo Submitted)
Lacombe’s Cilantro and Chive makes a donation to Team Jigger Foundation

The restaurant donated nearly $1,000 to the foundation with proceeds from its Burger of the Month

File Photo
FCC report shows opportunity in changing food and beverage trends

Canada’s food and beverage sector may emerge even stronger in 2021

Supporters gather outside GraceLife Church near Edmonton, Alta., on Sunday, April 11, 2021. The church has been fenced off by police and Alberta Health Services in violation of COVID-19 rules. THE CANADIAN PRESS/Jason Franson
Hundreds gather to support Alberta church shut down for ignoring COVID-19 orders

GraceLife Church and its pastor, are charged for holding services that break health restrictions

Conservative leader Erin O’Toole holds a press conference on Parliament Hill in Ottawa on Tuesday, April 6, 2020. Top Tory leaders of past and present will speak with supporters today about what a conservative economic recovery from COVID-19 could look like. THE CANADIAN PRESS/Sean Kilpatrick
O’Toole to vote against Conservative MP’s private bill on ‘sex-selective abortion’

Erin O’Toole said he supports a woman’s right to choose and will personally vote against the private member’s bill

A health-care worker holds up a vial of the AstraZeneca Covishield vaccine at a COVID-19 vaccination clinic in Montreal, Thursday, March 18, 2021. THE CANADIAN PRESS/Paul Chiasson
PHAC receives first report of blood clot linked to AstraZeneca

The federal agency says the person is now recovering at home

A real estate sign is pictured in Vancouver, B.C. THE CANADIAN PRESS Jonathan Hayward
1 in 3 young Canadians have given up on owning a home: poll

Data released Monday says 36% of adults younger than 40 have given up on home ownership entirely

Dr. E. Kwok administers a COVID-19 vaccine to a recipient at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
Most Canadians plan to get COVID-19 vaccine, but safety fears drive hesitancy: poll

This comes as confidence in governments is plummeting in provinces being hit hardest by the pandemic

Marathon of Hope runner Terry Fox is shown in a 1981. (THE CANADIAN PRESS/CP)
Terry Fox’s legacy of resilience resonates during COVID-19 crisis, says brother

Fred Fox said his brother’s legacy of resilience has taken on renewed resonance as COVID-19 rages on

Madelyn Boyko poses along with a number of the bath bombs she makes with her mom, Jessica Boyko. Madelyn says she enjoys making the bath bombs with her mom as it is a special time for just the two of them. (Photo Submitted)
5-year-old Sylvan Lake girl selling bath bombs in support of younger brother

Madelyn Boyko is selling bath bombs for CdLS research in honour of her younger brother

A sign on a shop window indicates the store is closed in Ottawa, Monday March 23, 2020. The Canadian Federation of Independent Business is raising its estimate for the number of businesses that are considering the possibility of closing permanently. THE CANADIAN PRESS/Adrian Wyld
Small business struggling amid COVID-19 pandemic looks for aid in Liberals’ budget

President Dan Kelly said it is crucial to maintain programs to help businesses to the other side of the pandemic

The National Security and Intelligence Committee of Parliamentarians says that includes attempts to steal Canadian research on COVID-19 and vaccines, and sow misinformation. (AP Photo/Esteban Felix)
Intelligence committee warns China, Russia targeting Canadian COVID-19 research

Committee also found that the terrorist threat to Canada has shifted since its last such assessment

Parliament Hill is viewed below a Canada flag in Gatineau, Quebec, Friday, Sept. 18, 2020. A new poll suggests most Canadians are feeling more grateful for what they have in 2020 as a result of COVID-19 pandemic.THE CANADIAN PRESS/Sean Kilpatrick
Canada’s greenhouse gas emissions increased slightly in 2019: report

2019 report shows Canada emitted about one million tonnes more of these gases than the previous year

Most Read