#plastics-ban

The Federal Court of Appeal has reinstated the Canadian government's ban on single-use plastics, overturning a lower court decision that deemed the policy unconstitutional. In a 3-0 ruling, the court found the government had sufficient evidence to list plastic manufactured items as "toxic" under the Canadian Environmental Protection Act (CEPA). The decision affirms the federal government's authority to regulate plastics based on a "reasonable apprehension of harm." The ruling is a significant victory for environmental groups and the Trudeau government, but the plastics industry coalition that challenged the ban is now considering an appeal to the Supreme Court.

In a significant victory for federal environmental policy, the Federal Court of Appeal has reinstated the government's ban on single-use plastics. The ruling overturns a 2023 Federal Court decision that deemed the ban unconstitutional and too broad. The appeal court found the government acted within its authority by listing plastic manufactured items as 'toxic' under the Canadian Environmental Protection Act. This decision restores regulations targeting items like checkout bags and cutlery, though the legal battle may continue if the plastics industry coalition seeks an appeal to the Supreme Court of Canada.

The Federal Court of Appeal has reinstated the Canadian government's ban on certain single-use plastics, overturning a 2023 Federal Court ruling that deemed it unconstitutional. The decision restores the government's authority to prohibit items like plastic bags, straws, and cutlery by listing them as toxic under the Canadian Environmental Protection Act (CEPA). This ruling marks a significant victory for the federal government's environmental agenda but is a major setback for plastics manufacturers who challenged the ban. The legal battle may continue, as the industry coalition could seek leave to appeal to the Supreme Court.