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Federal court quashes cabinet order underlying single-use plastics ban – The Globe and Mail

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The new ruling involves a 2021 cabinet decision to list plastic manufactured items as toxic, which enabled a ban on six single-use plastics, including some straws.JONATHAN HAYWARD/The Canadian Press

A judge has ruled a federal decision labelling plastics as toxic to be unreasonable and unconstitutional, throwing Ottawa’s scheduled ban on the sale of single-use plastics such as checkout bags into doubt.

The ruling Thursday by Federal Court Justice Angela Furlanetto was the second major court decision in five weeks that determined federal environmental policy to be unconstitutional. Last month, the Supreme Court ruled that the 2019 Impact Assessment Act interfered with provincial jurisdiction, in giving Ottawa wide powers to regulate natural-resource projects.

The new ruling involves a 2021 cabinet decision to list plastic manufactured items as toxic, which enabled a ban on six single-use plastics, including cutlery and some straws, that are considered difficult to recycle. (The ban on manufacture and import of those items started last December and will be expanded to the sale of five of those items on Dec. 20.) The plastics industry, including Dow Chemical, Imperial Oil and Nova Chemicals, challenged the listing of all plastics as toxic, and Alberta and Saskatchewan intervened to argue that it was a federal overreach into provincial jurisdiction.

Under a 1997 Supreme Court ruling, Ottawa has the authority to regulate substances if they are deemed a danger to health and the environment. But Justice Furlanetto found that not all plastics constitute such a danger. The listing of plastic manufactured items (PMI) as a toxic substance therefore went beyond Ottawa’s power and was also unreasonable.

“The broad and all-encompassing nature of the category of PMI poses a threat to the balance of federalism as it does not restrict regulation to only those PMI that truly have the potential to cause harm to the environment,” Justice Furlanetto wrote.

Restaurants debut new takeout ware amid phase-in of single-use plastics ban

Stewart Elgie, a law professor and director of the Institute of the Environment at the University of Ottawa, said the court decision leaves it open to Ottawa to regulate all the plastic substances it is already regulating. “But they must do it through a regulation that specifically addresses those particular plastic products. They can’t list ALL types of plastic as toxic,” he said in an e-mail.

But for now, he said, Ottawa could keep regulating plastics by seeking a stay of the court’s ruling, while filing an appeal, or by issuing a temporary order to regulate those plastics, as allowed for under the Canadian Environmental Protection Act.

Justice Furlanetto’s ruling puts the ball squarely before Ottawa. For technical reasons, the listing of plastics as toxic still stands. The cabinet order being challenged in court was rescinded after the legal proceedings began, and a law passed by Parliament replaced it. (The law contains the same list of toxic substances.) The judge said the law was not before her and she therefore declined to rule it unconstitutional. But she left the door open to further legal arguments.

Environment and Climate Change Minister Steven Guilbeault said in a statement that the government is “strongly considering” an appeal.

“Canadians have been loud and clear that they want action to keep plastic out of our environment. The science is clear: plastic pollution is everywhere in our environment, harming wildlife and their habitats. There is also a growing body of evidence showing impacts on human health.”

Alberta applauded the ruling and urged Ottawa not to appeal.

Premier Danielle Smith and Environment and Protected Areas Minister Rebecca Schulz said the court reminded Ottawa that the provinces are “not subordinate to the federal government.” They added: “The federal government’s decision to unilaterally label perfectly safe plastic consumer products as ‘toxic’ has had wide-ranging consequences for Alberta’s economic interests and has put thousands of jobs and billions of investments at risk.”

The Saskatchewan government said in a statement: “We are pleased that the Federal Court considered the merits of this case and found in favour of Saskatchewan on this issue.”

The Responsible Plastic Use Coalition, an industry group that brought the legal challenge, said in a statement: “We believe that federal government and industry can work collaboratively to reduce plastic waste.”

Manjit Singh, a lawyer representing Animal Justice, an advocacy group that intervened in the case, said he is disappointed by the ruling. Plastic pollution is “pushing some species to the brink of extinction and at an individual level, it is causing unfathomable, unbearable harm – plastic rings suffocating animals to death.”

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Roots sees room for expansion in activewear, reports $5.2M Q2 loss and sales drop

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TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.

The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.

“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.

The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.

But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.

Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.

“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.

“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”

Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.

The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.

In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.

Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.

The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.

The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.

Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.

Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.

It will also re-evaluate its design ranks.

Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.

Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:ROOT)

The Canadian Press. All rights reserved.

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Talks on today over HandyDART strike affecting vulnerable people in Metro Vancouver

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VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, are set to resume today as a strike that has stopped most services drags into a second week.

No timeline has been set for the length of the negotiations, but Joe McCann, president of the Amalgamated Transit Union Local 1724, says they are willing to stay there as long as it takes, even if talks drag on all night.

About 600 employees of the door-to-door transit service for people unable to navigate the conventional transit system have been on strike since last Tuesday, pausing service for all but essential medical trips.

Hundreds of drivers rallied outside TransLink’s head office earlier this week, calling for the transportation provider to intervene in the dispute with Transdev, which was contracted to oversee HandyDART service.

Transdev said earlier this week that it will provide a reply to the union’s latest proposal on Thursday.

A statement from the company said it “strongly believes” that their employees deserve fair wages, and that a fair contract “must balance the needs of their employees, clients and taxpayers.”

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.

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Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.

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