The Canadian Produce Marketing Association (CPMA) is calling on the Government of Canada to consult with the industry on future plans to regulate packaging following today’s Federal Court of Appeal decision, which ruled in favour of the Government of Canada’s listing of plastic manufactured items under the Canadian Environmental Protection Act (CEPA). 

The Government’s previously proposed 2023 recycled content regulations and the Pollution Prevention Plan (P2P) Notice, published in 2023, were both enabled through the designation of plastic manufactured items (PMI) as “toxic” under CEPA. As such, today’s ruling raises the risk that the federal government may return to the regulatory intentions it set out in 2023 – regulations which would significantly harm fresh produce supply chains in Canada. 

“CPMA urges the government to fully consider the extensive industry engagement and consultations that have taken place over the past 20 months since the Federal Court of Appeal hearing in June 2024,” said CPMA president Ron Lemaire. 

“The Government must also take into account the findings of its own commissioned research, when determining next steps. Its 2024 and 2025 studies highlighted the essential role that functional, safe, and efficient packaging plays in protecting fresh produce, reducing food loss and waste, and maintaining affordability for consumers.” 

CPMA strongly encourages the federal government to provide clarity as soon as possible on its intentions following the January 30 decision, and to engage closely with the industry to ensure that any regulatory actions arising from the decision do not impose undue harm on the fresh produce sector. 

“Given the current North American and global trade environment, it is critical that today’s decision does not contribute to trade disruptions or result in negative impacts on food availability, affordability, and the reliability of fresh produce supply chains,” said Lemaire. “Ongoing uncertainty has already hindered investments in innovative packaging solutions, waste mitigation strategies, and other essential infrastructure, largely due to concerns that future federal plastics regulations could become overly restrictive or harmful to the fresh produce industry. Today’s decision must not exacerbate this uncertainty.” 

CPMA will engage actively with Environment and Climate Change Canada (ECCC) and federal officials to understand the government’s intentions following today’s ruling and will work closely with industry partners to help mitigate risks to the fresh produce supply chains arising from today’s Federal Court of Appeal decision. 

Source:  Canadian Produce Marketing Association January 30, 2026 news release