Minister's response to notice of objection: Hi-Cone - February 2022
Market Segment Manager—Sustainability
1140 Bryn Mawr Ave
Itasca, IL 60143
Dear Rebekah Johnston:
This letter is in response to your Notice of Objection and request to establish a board of review to the publication of the proposed Single-Use Plastic Prohibition Regulations, which was received by Environment and Climate Change Canada on February 22, 2022. The proposed Regulations were published in the Canada Gazette, Part I, on December 25, 2021.
I have carefully considered the issues set out in your Notice of Objection. As the scientific information provided in this notice did not raise sufficient uncertainty or doubt in the scientific considerations underlying the proposed Regulations to warrant the establishment of a board of review, I am denying your request to establish this board. The scientific considerations that underlay the proposed Regulations are related to the prevalence in and harmful effects on the environment of the six categories of single-use plastics subject to these regulations.
I would like to address one argument you raised. In your Notice of Objection, you provided a reference to the TIDES database and stated that single-use plastic ring carriers are not a common form of litter. I acknowledge that plastic pollution is a large problem, and that ring carriers may make up a small proportion of the litter stream. However, the data you have provided show that, in absolute terms, single-use plastic ring carriers are in the Canadian environment. As a result, the data does not provide any new information that would raise sufficient uncertainty or doubt in the scientific considerations underlying the proposed Regulations. Your reference to the lack of data in the TIDES database on instances of entanglement does not invalidate the finding that single-use plastic ring carriers pose a threat of entanglement in the environment. Evidentiary sources referenced in the Science Assessment of Plastic Pollution and considered in the development of the Regulations point to a threat of entanglement from single-use plastic ring carriers in the environment, including the following:
- Ryan PG. 2018. Entanglement of birds in plastics and other synthetic materials. Mar Pollut Bull. 135:159-164; and
- Werner S, Budziak A, van Franeker J, Galgani F, Hanke G, Maes T, Matiddi M, Nilsson P, Ooesterbaan L, Priestland E, et al. 2016. Harm caused by marine litter. Joint Research Centre [JRC] Technical Report. Luxembourg: European Union. 92 p.
With regard to the non-scientific points raised in your Notice of Objection, these are being considered alongside other comments received on the proposed Regulations. The Department will summarize these comments and describe how these matters have been addressed in the Regulatory Impact Analysis Statement that will be published with the final Regulations in the Canada Gazette, Part II.
I appreciate your bringing Hi-Cone’s concerns to my attention. Please accept my best regards.
The Honourable Steven Guilbeault, P.C., M.P. (il/lui/he/him)
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