Alberta to challenge federal legislation labelling plastic as 'toxic substance'

Benjamin Von Wong's 'Turn Off The Plastic Tap' art installation is shown on its final day outside Ripley's Aquarium of Canada in Toronto on Monday, June 20, 2022. (THE CANADIAN PRESS/ Tijana Martin)

Alberta will be challenging federal legislation that labels all plastic manufactured items as a "toxic substance" under the Canadian Environmental Protection Act.

Premier Jason Kenney said Thursday the provincial attorney general has filed notice with the Federal Court of Canada that Alberta will make submissions in a case arguing that the label is unconstitutional.

"The time has come once again for Alberta to exercise our authority within confederation to stand up and defend our interests," Kenney said, adding that the provincial government has never taken the decision to appeal to the courts on constitutional matters lightly.

"It's always been a tool of last resort – but one that we have effectively wielded in the past when Alberta's interest were jeopardized."

Kenney says the listing presents a "serious threat" to Alberta's economic interests.

"We have Canada’s largest petrochemical sector and are on the cusp of a major expansion, with $18 billion of new low-emitting petrochemical projects announced in the province. 

"The future energy transition can only happen with a wider reliance on lightweight plastic products, which are an essential part of our daily lives.

"The federal decision to list perfectly safe plastic consumer products as ‘toxic substances’ is a huge overreach and could impair investor confidence in the petrochemical sector that employs tens of thousands of Canadians."

The case the province is intervening in was brought to the federal court by the Responsible Plastic Use Coalition, Dow Chemical, Imperial Oil and Nova Chemicals.