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Canada’s single-use plastics ban survives court challenge

The Federal Court of Appeal ruled in January 2026 that the government can regulate plastic items as toxic, restoring the legal basis for the bans.

Authors / organisation
Federal Court of Appeal of Canada
Year
2026
Journal or publisher
Federal Court of Appeal
Study type
Institutional report
Evidence strength
Evidence: High
Sample / scope
Federal court ruling, 2026 FCA 17
Key finding
The Federal Court of Appeal upheld the toxic listing of plastic manufactured items on 30 January 2026, so Canada's single-use plastic bans remain in force.
Headline number
6 categories of single-use plastic banned nationally
Caveats / how it is misquoted
Removal of the export ban was proposed in December 2025 but had not been made by September 2026. Supreme Court decision on permission to appeal pending.
Open access
Yes
Verified on
26 September 2026

Canada's Single-use Plastics Prohibition Regulations (SOR/2022-138) ban checkout bags, cutlery, foodservice ware made from hard-to-recycle plastics, ring carriers, stir sticks and straws.

The regulations depend on 'plastic manufactured items' being listed as toxic under the Canadian Environmental Protection Act. In November 2023 the Federal Court struck down that listing as too broad, throwing the bans into doubt. On 30 January 2026 the Federal Court of Appeal reversed that decision (2026 FCA 17), ruling the listing lawful, so the bans stand. Separately, in October 2025 the government said it would not pursue the ban on exporting these items. The export ban still came into force on 20 December 2025, and a proposal to remove it, published the same day, had not become law by September 2026.

The case matters because it tested whether a national government can regulate plastic as a class of pollutant rather than item by item, a question relevant to the global treaty.

An industry group, the Responsible Plastic Use Coalition, asked the Supreme Court of Canada for permission to appeal on 31 March 2026. The judges had not decided by 26 September 2026, so the legal position is not yet final.

Sources last verified 26 September 2026. Page updated 26 September 2026. How we check sources