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Bill C-429

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First Session, Forty-second Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-429
An Act to amend the Canadian Environmental Protection Act, 1999 (packaging)
FIRST READING, February 20, 2019
Mr. Cullen
421574


SUMMARY
This enactment amends the Canadian Environmental Protection Act, 1999, to prohibit the use of consumer product packaging unless it is made of a material that is recyclable or compostable.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-429
An Act to amend the Canadian Environmental Protection Act, 1999 (packaging)
Preamble
Whereas severe environmental and ecological damage is caused by the 8 million tonnes of plastic waste that enters the oceans every year;
Whereas 40% of all plastics are produced for packaging and account for 50% of all plastic in landfills worldwide;
Whereas it is estimated that less than 11% of the plastics used in Canada are recycled;
Whereas the United Nations’ Sustainable Development Goals call on all countries to achieve a substantial reduction in waste generation by 2030 through the promotion of sustainable consumption and production;
Whereas, as part of the G7’s Ocean Plastics Charter, the Government of Canada committed to reducing plastic waste by ensuring that all plastics used in Canada are designed for reuse and recycling and to working with industry towards a goal of 100% recyc­lable, reusable or recoverable plastics by 2030;
Whereas the excessive use of non-recyclable and non-compostable materials for packaging consumer products makes it increasingly difficult for consumers, municipalities and recycling agencies to reduce waste;
Whereas the annual cost of waste management to municipalities in Canada amounts to over $3 billion;
And whereas the principle of extended producer responsibility has been identified by provinces and the federal government as an important tool to reduce waste and ensure a focus on recycling throughout all stages in the lifecycle of a product;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title
1This Act may be cited as the Zero Waste Packaging Act.
1999, c. 33

Canadian Environmental Protection Act, 1999

2Section 3 of the Canadian Environmental Protection Act, 1999 is amended by adding the following in alphabetical order:
consumer product means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recrea­tional and sports purposes. (produit de consommation)
packaging material means, in relation to a consumer product, the material used to contain, identify and protect it, or to facilitate its use. It includes inner and outer containers and coverings, but does not include packaging used solely for the safe transportation of the product from the manufacturer to the seller. (matériel d’emballage)
3The Act is amended by adding the following after section 137:
DIVISION 3.1

Non-recyclable and Non-compostable Packaging

Packaging Material

Prohibition
137.1(1)No person shall sell, or offer for sale, a packaged consumer product unless its packaging material is
(a)set out in Schedule 7; or
(b)the subject of an exemption granted under subsection 137.1(2).
Exemption
(2)On application, the Minister may, in respect of a particular consumer product, exempt any of its packaging material from the application of this Act, if the Minister is of the opinion that
(a)the consumer product is used for medical pur­poses and no suitable alternative packaging material exists;
(b)the packaging material is essential to the proper delivery or functioning of the consumer product; or
(c)no recyclable or compostable alternative packaging material could be used without compromising the integrity or quality of the consumer product.
Schedule of materials
137.2(1)The Governor in Council may, on the recommendation of the Minister made under subsection (2), by regulation, add a packaging material other than a non-biodegradable plastic, to Schedule 7.
Consultation
(2)After consulting with the provincial and municipal governments and stakeholders in the recycling industry, if the Minister is of the opinion that a sufficient number of communities and municipalities have access to facilities capable of recycling or composting a particular packaging material, he or she may recommend that it be added to Schedule 7.
4The Act is amended by adding, after Schedule 6, the Schedule 7 set out in the schedule to this Act.

Coming into Force

Fixed date
5This Act comes into force on the first anniversary of the day on which it receives royal assent.


SCHEDULE

(Section 4)
SCHEDULE 7
(Sections 137.‍1 and 137.‍2)
Recyclable and Compostable Materials
Paper
Glass
Corrugated fiberboard
Paperboard
Aluminum
Steel
Polyethylene Terephthalate
High-density Polyethylene

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