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

A view of proposed seniors housing on Vernon St. Illustration: City of Nelson/ Vendure Retirement Communities
Nelson seniors housing project to start construction in the spring

Private development on Vernon Street will provide assisted living services as well as housing

The fundraiser is anticipated to occur again next year. Photo: Deb Penner
Castlegar Blue Barn Pet staff raise $15,579 for charities

Staff decided to hold fundraiser after they had to cancel their pet festival this fall

NAV CANDA is considering closing its station at the West Kootenay Regional Airport. Photo: Betsy Kline
Nav Canada considering closing station at West Kootenay Regional Airport

The organization is conducting a service review at Castlegar’s airport

test tube with the blood test is on the table next to the documents. Positive test for coronavirus covid-19. The concept of fighting a dangerous Chinese disease.
Interior Health records third COVID-19 death

A new community outbreak was reported at Okanagan Men’s Centre in Lake Country

Enrolment is down across the entire district. File photo
SD 20 experiences small decline in student enrolment

District staff said more parents are homeschooling their children this year due to COVID-19 crisis

A woman wears a face mask and plastic gloves while browsing books as a sticker on the floor indicates a one-way direction of travel between shelves of books at the Vancouver Public Library’s central branch, after it and four other branches reopened with limited services, in Vancouver, on Tuesday, July 14, 2020. (THE CANADIAN PRESS/Darryl Dyck)
B.C. reports 234 new COVID cases, 1 death of senior who had attended small birthday party

Roughly 5,700 people are isolating due to being exposed to a confirmed case

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Interior Health reports seven more COVID-19 cases

Eighty-nine cases remain active, none of whom are currently hospitalized

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Burnaby RCMP responded to a dine-and-dash suspect who fell through a ceiling in March 2020. (RCMP handout)
VIDEO: Suspected dine-and-dasher falls through ceiling of Burnaby restaurant

A woman believed to be dashing on her restaurant bill fell through the kitchen ceiling

A can of Canada Dry Ginger Ale is shown in Toronto on Thursday Oct. 29, 2020. The maker of Canada Dry Ginger Ale has agreed to pay over $200,000 to settle a class-action lawsuit launched by a B.C. man who alleged he was misled by marketing suggesting the soda had medicinal benefits. THE CANADIAN PRESS/Joseph O’Connal
B.C. man’s lawsuit over marketing of Canada Dry ginger ale settled for $200K

Soda’s maker, Canada Dry Mott’s Inc., denied the allegations and any liability

Vancouver Island-based Wilson’s Transportation has expanded to fill some of the routes left unserviced by Greyhound as of Nov. 1, 2018. (Black Press files)
B.C. bus companies say they need help to survive COVID-19

Like airlines, motor coaches have lost most of their revenue

A deer was spotted in October 2020 in Prince Rupert, B.C., with a bright pink yoga ball stuck in its antlers. (Kayla Vickers/Chronicles Of Hammy The Deer Official Page)
Hammy 2.0? Prince Rupert deer spotted with bright pink yoga ball stuck in antlers

The BC Conservation Officer Service is aware of the deer roaming around the city

RCMP. (Phil McLachlan - Black Press Media)
Kelowna Mountie hit with 2nd lawsuit in 2 months for alleged assault

Const. Julius Prommer is accused of breaking a woman’s knee during while responding to a noise complaint

Most Read