Canada Court Upholds Federal Authority to Regulate Single-Use Plastics

Canada’s Federal Court of Appeal has upheld the federal government’s authority to classify plastic manufactured items as a toxic substance under national environmental law, preserving a nationwide ban on several single-use plastic products and reinforcing Ottawa’s ability to regulate plastic pollution, according to court reporting.

The ruling confirms that plastic products can be regulated under the Canadian Environmental Protection Act, 1999, a decision that matters because it underpins the Single-use Plastics Prohibition Regulations and shapes how Canada addresses mounting plastic waste and environmental risks. The court found the federal approach reasonable, noting that plastic pollution poses credible threats to ecosystems and, in some cases, human health.

Canada’s single-use plastics ban, introduced in phases beginning in 2022, targets items widely identified as difficult to recycle and prone to leakage into the environment. The current prohibition covers checkout bags, straws, stir sticks, cutlery, ring carriers used in beverage packaging, and certain foodservice containers made from problematic plastics. Federal data published by Environment and Climate Change Canada has shown that these items represent a disproportionate share of plastic litter collected in shoreline and urban cleanups.

The legal challenge focused on whether the federal government overreached by designating an entire class of plastic items as toxic. The court rejected that argument, concluding that the designation allows regulators to manage risks while leaving room for future product-specific rules. Observers note that the decision clarifies jurisdictional boundaries between federal and provincial governments at a time when waste management responsibilities are increasingly contested.

Industry responses have been mixed. Some plastics manufacturers and foodservice groups have argued that bans should be paired with stronger recycling infrastructure and clearer timelines for alternatives. Environmental organizations welcomed the ruling, saying it provides regulatory certainty and accelerates the shift away from disposable products. Analysts say the decision may also influence ongoing debates in other jurisdictions considering similar legal frameworks for plastic controls.

Provincial and industry-led initiatives continue to evolve alongside the federal policy. The Recycling Council of Alberta, for example, has positioned the ruling as supportive of broader system change. In 2024, the council released its Vision 2030 strategy aimed at advancing a circular economy in the province, emphasizing waste reduction, reuse, and higher-value material recovery as complements to regulation.

Policy discussions are expected to move toward enforcement, exemptions, and the development of reuse and refill models. Market analysts say companies supplying packaging and foodservice products are likely to accelerate investment in alternative materials and redesign, while governments face pressure to ensure substitutes deliver genuine environmental benefits rather than shifting impacts elsewhere.

Source: the Federal Court of Appeal

SUNSHINE Spotlight: The court ruling secures Canada’s single-use plastics ban and strengthens federal oversight as the country pushes toward a more circular approach to managing plastic waste.