The Federal Court of Appeal considers the legal basis for the single-use plastic ban "reasonable"

The Canadian Federal Court of Appeal ruled that the decision on which the Canadian government based the ban on single-use plastics was "legally reasonable," marking an important victory for the federal government in an ongoing legal battle over its environmental policies.
The ruling came in response to appeals filed by industrial entities and provinces that objected to the government's move to include "manufactured plastic items" on the list of toxic substances under the Canadian Environmental Protection Act, the legal basis that enabled Ottawa to impose a broad ban on a number of single-use plastic products.
The court confirmed that the federal government did not exceed its powers, and that the scientific and environmental evidence it relied on to classify these products as harmful to the environment was sufficient and reasonable, even if some plastic products are not toxic by themselves in all their uses.
The judges emphasized that the standard of judicial review in this case is not based on whether the decision was the "best" or the "most scientifically accurate," but on whether it falls within the scope of legal reasonableness, which was achieved in this case.
This ruling paves the way for the continued enforcement of the single-use plastic ban, which includes products such as:
Plastic bags,
Plastic cutlery,
Straws,
Plastic containers and packaging rings.
The Canadian government justified the ban by the need to reduce plastic pollution and protect ecosystems, as part of a broader national goal to achieve zero plastic waste by 2030.
In contrast, industrial entities and provincial governments expressed their disappointment with the decision, considering that the ban imposes additional economic and regulatory burdens, and indicated that they are studying further legal options, including the possibility of appealing to the Supreme Court of Canada.
The Court of Appeal's decision means that the federal regulations on the plastic ban will remain in effect for now, requiring companies and manufacturers across Canada to continue complying with the existing rules until any further appeals are finally resolved.