Supreme Court of Canada to hear appeal of single-use plastics ban

Full report

Starting in 2022, Ottawa phased in a ban on the manufacture and sale of six single-use plastic items: straws, stir sticks, cutlery, takeout containers, six-pack rings and grocery bags. The government listed "plastic manufactured items" as toxic under the Canadian Environmental Protection Act following a scientific assessment.

In 2023, the Federal Court ruled the listing was too broad, saying the government had failed to demonstrate that all plastic items harm human health or the environment. In January, the Federal Court of Appeal unanimously overturned that decision, ruling the decision to list plastic manufactured items as toxic was reasonable and allowing the ban to stay in place. Justice Donald Rennie, writing for the three-judge panel, said the lower court had treated as one step what was actually two: designating plastics as toxic and regulating individual items.

The challengers are the Responsible Plastic Use Coalition, an industry group, and three chemical companies. No hearing date has been set.

Background

The case stems from a 2021 Liberal government order and has now survived two rounds of court battles. The top court's ruling will determine the constitutionality and survival of Canada's single-use plastics ban, a landmark for both the plastics industry and environmental policy.