The federal government is moving to appeal a decision by the Federal Court that struck down a cabinet order underlying the national ban of some single-use plastics.
The decision made last Thursday ruled that the federal government had overstepped in it’s labelling of all “plastic manufactured items” as toxic under the Canadian Environmental Protection Act.
The first of those regulations took effect in December 2022 and barred the manufacturing and importing of six types of single-use plastics, including straws, grocery bags, cutlery, takeout containers, stair sticks and six-pack beverage rings.
In her court ruling Thursday, Justice Angela Furlanetto emphasized that evidence shows “thousands” of items under the category of plastic manufactured items that all hold different uses and chemical make-ups.
With this, the Justice said this would undoubtedly include items where there is no reasonable expectation for environmental harm.
Plastics harm our environment.
Our government will continue to lead the fight against plastic pollution.
Read Minister @viraniarif and my recent statement here pic.twitter.com/x7rCKjbgSa
— Steven Guilbeault (@s_guilbeault) November 20, 2023
On Monday, Environmental Minister Steven Guilbeault said the government will be appealing the decision.
READ MORE: Federal court overturns Canada’s single-use plastic ban
The ruling alone did not undo the government’s ban on the manufacture or import of six categories of single-use plastics: stir sticks, straws, grocery bags, cutlery, takeout containers and six-pack beverage rings.
The designation of toxicity is necessary for the government to regulate substances and without it, those federal regulations would have to be rolled back.
Guilbeault says he’s steadfast in determining that does not happen.
“The body of scientific evidence showing the impacts on human health, on the environment, of plastic pollution is undebatable,” he said.
Federally, officials have been taking steps to eliminate plastic waste by 2030, aiming to take items that have proven difficult to recycle out of existence entirely, while ensuring the rest are recyclable or reusable.
The first of those regulations took effect in December 2022 and barred the manufacturing and importing of six types of single-use plastics, including straws, grocery bags, cutlery, takeout containers, stair sticks and six-pack beverage rings.
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The Responsible Plastic Use Coalition, which represents companies from the plastic industry doing business in the country, in addition to three chemical companies that make plastics.
The group has said that it is “supportive” of the ruling.
“In the interest of Canadians who rely on plastic products that are essential to everyday life, we believe that the federal government and industry can work collaboratively to reduce plastic waste,” it said in a statement.
Guilbeault says the six barred items were chosen as alternatives are already on the market and are among the most prevalent. Collectively, those items represent a mere three per cent of plastic waste.
A 2019 report on plastics in Canada detailed a reality of over three million tonnes of plastic being thrown away each year, while less than one-tenth is actually recycled.
