Federal Court of Appeal upholds Ottawa’s authority to maintain single-use plastic b

Canada’s Federal Court of Appeal has ruled that the federal government acted within its authority when it classified certain plastic products as toxic, clearing the way for Ottawa to maintain its ban on several single-use plastic items.

In a unanimous decision released Friday, a three-judge panel overturned a 2023 lower court ruling that had found the federal government overreached by broadly labeling plastic manufactured items as toxic under environmental legislation. That earlier decision had cast uncertainty over the future of the single-use plastics ban.

The appeal court concluded the government’s decision was reasonable and grounded in evidence, accepting Ottawa’s position that plastic pollution poses risks to the environment and human health when it enters ecosystems. The judges said the classification fit within the intent of federal environmental law.

The ruling is significant because the toxic designation forms the legal foundation for federal regulations banning the manufacture and import of six categories of single-use plastic products, including items commonly used in food service and retail.

Environmental groups have argued the ban is a key tool in reducing plastic waste, while industry groups have raised concerns about economic impacts and federal jurisdiction. The latest decision strengthens Ottawa’s regulatory position as it continues to defend its broader plastics strategy.