#single-use-plastics

The Federal Court of Appeal has reinstated the Canadian government's ban on certain single-use plastics, overturning a lower court ruling that struck it down in 2023. The decision is a major victory for the federal Liberals' environmental agenda, reaffirming their authority to regulate plastic pollution under the Canadian Environmental Protection Act (CEPA). The court found the government's classification of plastic items as "toxic" for regulatory purposes was reasonable. While environmental groups celebrated the news, the plastics industry coalition that launched the initial challenge is considering an appeal to the Supreme Court.

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.

The Federal Court of Appeal has overturned a lower court decision, reinstating the Canadian government's ban on single-use plastics. In a 2-1 decision, the court found that listing plastic manufactured items as toxic under the Canadian Environmental Protection Act (CEPA) falls within Ottawa's constitutional authority to manage pollution under its criminal law power. This ruling reverses a November 2023 Federal Court decision that deemed the ban unconstitutional and an overreach into provincial jurisdiction. The judgment is a significant victory for the federal government's environmental agenda but may face a further appeal to the Supreme Court.