Pressure on Canada’s agri-food sector to change packaging methods is increasing, following a Federal Court of Appeal ruling that upheld the federal government’s power to regulate plastics.
On Jan. 30, the Federal Court of Appeal overturned a 2023 Federal Court ruling and upheld Ottawa’s decision to list “plastic manufactured items” as toxic under the Canadian Environmental Protection Act (CEPA).
WHY IT MATTERS: A federal court ruling on plastics could change how food companies package the products farmers grow, with new rules, costs and expectations already emerging.
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The decision upheld Ottawa’s authority to regulate plastic manufactured items under CEPA, Glenford Jameson, a Canadian food lawyer, said during a webinar organized by the Alberta government earlier this month.
“At the highest level, a federal pathway to plastics regulation has survived,” he said.
Federal decision clarifies rules for plastics
The policy isn’t going anywhere, but that doesn’t mean it won’t evolve, Jameson added.
“The instruments may change, the pace may change, the federal-provincial balance might change, but the direction of this … is still towards more measurement, scrutiny, more pressure on design and packaging that works in a sustainable manner.”
Glenford Jameson
Federal guidance on plastics remains in effect
The rollout of single-use plastics regulations created a period of uncertainty for companies trying to identify alternatives, Jameson said.
“We didn’t get a clean national answer to the question of, ‘what are we supposed to buy instead’?”
Companies examined a range of materials, including paper, molded fibre and bio-based plastics.
“Because there’s no definition per se, a product can sound sustainable long before it’s actually compatible with Canadian waste infrastructure,” Jameson said.
Balancing sustainability and price
Businesses are working toward packaging changes while gathering more data about the materials they use, said Marie-Anne Champoux-Guimond, director of sustainability at Keurig Dr Pepper Canada.
“Companies today have no choice but to collect data, especially on packaging,” she said.
“Understanding your packaging portfolio, the material, the weight, the specific components is a prerequisite. It’s baseline.”
Marie-Anne Champoux-Guimond
Other approaches companies are pursuing include increasing recycled content, redesigning packaging to improve recyclability and reducing overall plastic use, Champoux-Guimond added.
Retailers approach packaging from both regulatory and operational perspectives, said Joshua Goodman, head of corporate sustainability at Sobeys Canada.
“The top two considerations for customers when they make a decision (about) food is price and taste,” he said.
Several initiatives are being tested by retailers, including reusable container programs and refill stations to reduce plastic use.
“At the end of the day for us, we want to make sure we provide the best product, highest quality product, the most sustainable option to our customers, without impacting their bottom line.”
Joshua Goodman
New regulations impose stricter standards
New regulations targeting environmental marketing claims are affecting how companies discuss sustainability, Jameson said.
“If you’re going to go to market and say that your packaging does something, it has to actually do it.”
Amendments to the Competition Act require environmental claims about products to be supported by adequate and proper testing, according to guidance from the Competition Bureau.
