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OTTAWA — Canadians will not be drinking from plastic straws again after a recent court ruling upheld Ottawa’s ban on several single use plastic items, reinforcing federal authority to regulate plastics despite criticism over costs, consumer choice and scientific scope.
The Federal Court of Appeal has overturned a 2023 lower court decision and upheld the federal government’s move to list “plastic manufactured items” as toxic under the Canadian Environmental Protection Act. The designation allows Ottawa to maintain its ban on six categories of single use plastics, including straws, grocery bags, cutlery, stir sticks, takeout containers and six pack rings.
The ruling means regulations that have been in place since 2022 can continue, even as critics argue the ban sweeps too broadly and targets everyday items used by Canadians with limited practical alternatives.
The original designation was challenged by plastics manufacturers and chemical companies, which argued plastics are not a single substance and that only a small fraction of plastic products enter the environment each year. The Appeal Court rejected those arguments, saying the law only requires a potential to cause harm and that the focus should be on the plastic item itself, not its chemical makeup.
Writing for the court, Justice Donald Rennie said the lower court erred by treating the toxic designation and subsequent regulation as a single step, rather than a two stage process allowed under the act.
Former environment minister Steven Guilbeault, who oversaw the development of the ban, called the decision a major victory for environmental protection, saying the government was justified in using federal law to curb plastic pollution.
Environmental groups also welcomed the ruling, arguing it clears the way for Ottawa to expand restrictions on plastic products and packaging. Environmental Defence Canada said it will press the government to strengthen and broaden the ban.
However, federal Environment Minister Julie Dabrusin stopped short of committing to further restrictions, saying the focus following the ruling is on defending existing regulations rather than expanding them.
Industry groups and critics say the decision entrenches what they view as an unscientific approach that raises costs for consumers and businesses while offering limited environmental benefit. Conservative environment critic Ellis Ross said the ruling will keep policies in place that make everyday items more expensive for Canadians.
The court decision also affirms Ottawa’s authority to regulate plastics across their entire life cycle, from manufacturing to disposal, a move supporters call essential and opponents warn could pave the way for broader federal controls over consumer products.
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