Canada Forges Ahead With Single-use Plastics Ban Despite Legal Challenges

Despite opposition from industry groups and provinces, the Government of Canada is moving forward with a comprehensive plan to address plastic pollution in the long term.

On Dec. 21, 2021, the Minister of Environment and Climate Change and the Minister of Health announced draft regulations under the Canadian Environmental Protection Act, 1999 (CEPA) banning certain single-use plastics deemed to be harmful.

From "toxic" to banned

The proposed regulations follow Canada's publication of the Order in May 2021 to add "plastic manufactured items" (PMI) to Schedule 1, the Toxic Substances List, of CEPA in the Canada Gazette. The Order itself contained no substantive measures to reduce or otherwise regulate PMIs. The "toxic" designation was, however, necessary to provide the legislative basis for the introduction of the ban through the proposed regulations.