Canada: Federal Court Upholds Single-Use Plastics Ban

The Federal Court of Appeal ruled on January 30, 2026, that Canada's ban on single-use plastics will remain in place, upholding Ottawa's 2021 decision to classify "plastic manufactured items" as toxic. The federal government won its appeal, permitting the ban on specific single-use plastics such as straws, grocery bags, stir sticks, cutlery, takeout containers, and six-pack rings. The 2023 Federal Court ruling that invalidated the toxic designation was overturned, as the Appeal Court emphasized that the initial court had misinterpreted the regulatory process. **Key Points:** The toxic designation is a two-step process: first identifying plastics as toxic, then regulating specific items. The Appeal Court rejected the plastics industry's argument that insufficient testing proved which plastics caused harm, stating the physical presence of plastic items alone poses environmental risks. The government retains regulatory authority to phase in bans on single-use items, with current restrictions on sale and manufacturing remaining in force. Environmental advocates, including Karen Wirsig of Environmental Defence, celebrated the ruling as validation of efforts to reduce plastic waste. The ruling allows the plastics ban to proceed, with ongoing legal challenges on hold.