Federal Court Overturns Cabinet Decision to Ban Single-Use Plastics

The Federal Court has quashed a cabinet order that listed plastic manufactured items as toxic under the Canadian Environmental Protection Act.

The court says in a decision released on Nov. 16 that it was not reasonable to say all plastic manufactured items are harmful because the category is too broad.

The decision has implications for the government’s ban of six single-use plastic items, including straws, grocery bags and takeout containers.

The government is only able to regulate substances for environmental protection if they are listed as toxic under the act.

The regulations banning those items are already being phased in, with a ban on manufacturing and importing six different categories already in place, and a full ban on their sale and export planned by the end of 2025.

The case was brought by the Responsible Plastic Use Coalition and several chemical companies that manufacture plastics.

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