Canada plastics ban remains in force after appeal ruling

The Federal Court of Appeal restored the 2021 order adding plastic manufactured items to Schedule 1 of the Canadian Environmental Protection Act, keeping the Single-use Plastics Prohibition Regulations in force. The federal government said the judgment confirms its authority to regulate certain plastic products based on a national science assessment of plastic pollution.

Canada's Federal Court of Appeal has overturned a lower court ruling and restored the 2021 order that added plastic manufactured items to Schedule 1 of the Canadian Environmental Protection Act. The decision, issued on 30 January 2026, keeps the Single-use Plastics Prohibition Regulations in force. The federal government said the judgment confirms its authority to regulate certain plastic products. The government cited the national Science Assessment of Plastic Pollution as the basis for that classification. Ruling details: - The Federal Court of Appeal reversed a previous Federal Court decision that had declared the 2021 order unlawful. - The appeal ruling, issued on 30 January 2026, restored the 2021 order adding plastic manufactured items to Schedule 1 of CEPA. - As a result, the Single-use Plastics Prohibition Regulations remain in force and continue to restrict the manufacture, import and sale of items such as checkout bags, cutlery and foodservice ware. - Environment and Climate Change Minister Julie Dabrusin said the ruling supports scientific findings that plastic pollution poses a threat to Canada's environment, citing the national science assessment. - The case has drawn attention from plastics manufacturers, packaging suppliers and waste-management firms and affects regulatory requirements for production and disposal. Summary: The ruling preserves the legal basis for Canada's single-use plastics ban and keeps federal controls on certain plastic products in place. Officials said the government will continue working with provinces, territories, Indigenous groups, industry and civil society on measures to address plastic waste. The timeline for any further legal challenges or regulatory changes was not specified.