The regulations were registered on 20 June 2022 and published in the Canada Gazette Part II on 22 June 2022. Under section 13 the prohibition on manufacture and import of single-use plastic checkout bags, cutlery, foodservice ware made from hard-to-recycle plastics, stir sticks and straws took effect on 20 December 2022, ring carriers on 20 June 2023, the sale prohibition and flexible-straw rules on 20 December 2023, the ring-carrier sale ban on 20 June 2024, and the removal of the export exemption on 20 December 2025. Compostable alternatives must be third-party certified and free of per- and polyfluoroalkyl substances (PFAS), PVC and polystyrene.
The bans rest on the government adding 'plastic manufactured items' to the list of toxic substances under the Canadian Environmental Protection Act, 1999. In that law, 'toxic' means something that does or may harm the environment. It is a legal label that gives the government power to regulate, not a finding that each item is poisonous. On 16 November 2023 the Federal Court (2023 FC 1511) struck down that listing. On 30 January 2026 the Federal Court of Appeal reversed that decision (2026 FCA 17), so the bans stand. The Responsible Plastic Use Coalition, an industry group whose members include the plastic makers Dow, NOVA Chemicals and Imperial Oil, asked the Supreme Court of Canada for permission to appeal on 31 March 2026 (file 42277); the papers went to the judges on 14 September 2026, and they had not decided by 26 September 2026. Proposed amendments to remove the export prohibition were published in the Canada Gazette Part I on 20 December 2025 but had not been made by September 2026, so the export prohibition remains legally in force.
Status as at September 2026: in force and upheld on appeal; Supreme Court decision on whether to hear an appeal pending. Dates verified against SOR/2022-138 section 13 (Justice Laws consolidation and Canada Gazette Part II of 22 June 2022) and the Federal Court of Appeal summary of 2026 FCA 17 on 23 September 2026; Supreme Court docket rechecked on 26 September 2026.