Minister's response to notice of objection: Kafrit NA Ltd.
April 21, 2021
Kafrit NA Ltd.
5411 275th St
Langley BC V4W 3X8
Dear Robert Samplonius:
I am responding to the Notice of Objection and request to establish a Board of Review that you filed on behalf of Kafrit NA Ltd. regarding the proposed Order to add plastic manufactured items to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA). The proposed Order was published in the Canada Gazette, Part I, on October 10, 2020.
Subsection 332(2) of the CEPA states that any person may file a Notice of Objection requesting that a Board of Review be established. As set out in subsection 333(1) of CEPA, the mandate of a Board of Review in this instance would be to inquire into the nature and extent of the danger posed by plastic manufactured items.
I have fully and carefully considered the issues set out in your Notice of Objection. As the scientific information provided in your Notice did not raise sufficient uncertainty or doubt in the scientific considerations underlying the proposed Order to warrant the establishment of a Board of Review, I am denying your request to establish a Board of Review. The scientific considerations that underlay the proposed Order are related to the ability of macroplastics to have an immediate or long-term harmful effect on the environment or its biological diversity as set out in section 64 CEPA.
In your Notice of Objection, you questioned whether research bias had been considered in the references cited in the Science Assessment of Plastic Pollution. I can assure you that the Science Assessment was written with consideration of all data that were available at that time. Scientific studies discussed in the report were validated against a set of qualitative criteria, and where study limitations were identified, this is clearly indicated in the text. In addition, the report underwent an external peer review by both domestic and international experts, and was subject to a 90-day public comment period.
In your Notice of Objection you stated that plastic waste and plastic pollution are not the same thing. As this information is not related to the science supporting the proposed Order, I did not consider it in my decision regarding the establishment of a Board of Review.
With regard to the non-scientific issues raised in your Notice of Objection, these are being considered alongside other comments received on the proposed Order and will be addressed in the Regulatory Impact Analysis Statement that is published with the final Order.
I appreciate your bringing Kafrit NA Ltd.’s concerns to my attention.
Please accept my best wishes.
The Honourable Jonathan Wilkinson, P.C., M.P.
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