Federal Court of Appeal says plastic ban decision is reasonable

The Federal Court of Appeal unanimously overturned a 2023 lower court ruling and found the federal government's designation of 'plastic manufactured items' as toxic to be reasonable, allowing Ottawa to keep its ban covering six types of single-use plastics.

The Federal Court of Appeal has overturned a 2023 lower court decision and found the federal government's listing of "plastic manufactured items" as toxic to be reasonable. That finding allows the federal ban on certain single-use plastics to remain in place. The designation was the basis for regulation of manufacturing and importing of six types of single-use plastics. The legal challenge was brought by the Responsible Plastic Use Coalition and three chemical companies that make plastics. What the ruling notes: - A three-judge panel issued a unanimous decision that overturned the lower court ruling from 2023. - The 2023 ruling had said the government overstepped in designating all "plastic manufactured items" as toxic. - The Court of Appeal found the government's decision to list those items as toxic to be reasonable. - Ottawa used that designation to regulate a ban on the manufacturing and importing of six types of single-use plastics. - Examples of items covered include grocery bags, straws, stir sticks and six-pack rings. - The government said it selected those items because they were commonly found as litter and had known alternatives, and the challenge was brought by industry groups including the Responsible Plastic Use Coalition and three chemical companies. Summary: The ruling allows the federal ban on the six categories of single-use plastics to remain in effect and confirms the government's authority to use the toxic listing for regulation. Undetermined at this time.