SPI NewsCanada · Plastics regulation
Canada's Supreme Court will hear the plastics toxic listing appeal. The six-item ban rests on the outcome
The Supreme Court of Canada granted leave on 15 October 2026 in docket 42277, reopening the CEPA toxic listing behind a ban on items sold at 149,300 tonnes in 2019; a notice of appeal is due within 30 days.
Key takeaways
- The Supreme Court of Canada granted leave to appeal in docket 42277 on 15 October 2026, the Court’s docket shows, and the Registrar has set 16 November 2026 for the notice of appeal.
- The Federal Court of Appeal’s ruling of 30 January 2026, 2026 FCA 17, allowed Ottawa’s appeal, dismissed the judicial review with costs and upheld the 2021 toxic listing.
- ECCC’s overview, modified 2 March 2026, states that the Single-use Plastics Prohibition Regulations remain in force, with sale bans in place since December 2023 and June 2024.
- The 2022 impact statement estimated a 1.3 million tonne cut in plastic waste over 2023 to 2032, at a present value cost of CAD 2 billion.
- SPI analysis: a grant of leave is not a ruling, so stock, sourcing and labelling decisions still follow SOR/2022-138 as it stands today.
258
Days from Federal Court of Appeal ruling to leave decision
30 Jan to 15 Oct 2026, by SPI's calculation
SCC docket 42277; The Canadian Press, 15 Oct 2026
149,300
Tonnes of the six banned items sold in Canada in 2019
29,654 million units
SOR/2022-138 RIAS, 22 Jun 2022
2
Present value of the ban's costs, 2023 to 2032
CAD billion, against CAD 616 million of monetised benefits
SOR/2022-138 RIAS, 22 Jun 2022
Source: SCC docket 42277; Canada Gazette Part II, SOR/2022-138 RIAS, checked 29 Oct 2026.
The Supreme Court of Canada agreed on 15 October 2026 to hear the plastics industry’s appeal against the 2021 order listing “plastic manufactured items” as toxic, granting leave “with costs in the cause”, its docket shows.
That order, SOR/2021-86, is the legal hook for the Single-use Plastics Prohibition Regulations (SOR/2022-138), which bar six items: checkout bags, cutlery, certain foodservice ware, ring carriers, stir sticks and straws. Environment and Climate Change Canada (ECCC) says the regulations remain in force, and nothing in a grant of leave changes that.
For a board or a buyer, the question is now one of timing, not of current compliance. The Supreme Court will decide whether Ottawa can treat a whole class of plastic articles as one toxic substance, and that answer reaches beyond six items to any future federal plastics rule built on the same listing.
How the toxic listing holds up Canada's plastics ban
Canada has no stand-alone plastics statute. Ottawa regulates plastic through the Canadian Environmental Protection Act, 1999 (CEPA), which lets the federal cabinet make prohibition regulations only for substances on Schedule 1, the List of Toxic Substances. The Order of 23 April 2021, registered as SOR/2021-86 under subsection 90(1), added item 163, “Plastic manufactured items”, and came into force on registration4.
The listing is deliberately broad. It names a category of articles, not a resin, so the six bans in SOR/2022-138, tracked as PR-CA-001, could follow without a separate listing for each format. The order’s impact statement cited a 2016 study finding 3,268 kilotonnes of plastic waste in Canada, of which 305 kilotonnes (9%) was recycled and 29 kilotonnes (1%) entered the environment as pollution.
Newer federal data shows the scale has grown. Statistics Canada’s physical flow account, released on 26 March 2026, counts 5,152 kilotonnes of plastic discarded in 2022, of which 98.6% was collected and 1,098 kilotonnes went to material recovery rather than disposal, as summarised in SPI’s Canada market record. The two studies use different methods, so their totals are not compared.
Industry objected from the start. The same statement records 60 notices of objection, 52 of which asked for a board of review, which the Minister declined to set up. The applicants then went to the Federal Court, which quashed the order on 16 November 2023 in 2023 FC 1511 and declared it invalid and unlawful, according to the Supreme Court docket1. That ruling was stayed pending appeal, so the bans never lapsed.
The Federal Court of Appeal reversed it. In unanimous reasons for a three-judge panel, the court held that plastic manufactured items are a “substance” under CEPA, that cabinet had enough evidence to conclude they may cause harm, and that the listing itself is not an exercise of the criminal law power.
“I would allow the appeal and dismiss the application for judicial review with costs in this Court and below.” Federal Court of Appeal, 2026 FCA 17, paragraph 208, 30 January 2026
What changed between January and 15 October
30 January: the appeal ruling. The Federal Court of Appeal’s reasons in 2026 FCA 17 answered the constitutional question in the negative and restored the listing3. Eleven interveners took part, including the American Chemistry Council and the Plastics Industry Association on one side, and Environmental Defence, Oceana Canada, the David Suzuki Foundation and Greenpeace Canada on the other. The reasons note that SOR/2022-138 itself was not challenged in these proceedings.
31 March: the leave application. The Responsible Plastic Use Coalition, Dow Chemical Canada ULC, Imperial Oil and Nova Chemicals Corporation filed for leave to appeal, the Supreme Court docket shows. The respondents are the Attorney General of Canada, the federal environment and health ministers, and the Attorneys General of Alberta, Saskatchewan and British Columbia1.
30 April to 15 May: responses and reply. Alberta and Saskatchewan filed responses on 30 April and Canada on 1 May, and the applicants filed their reply and a motion to extend time on 14 May.
14 September: to the judges. All leave materials, and the motion to extend time, went to the judges on 14 September, 31 days before the decision, by SPI’s calculation. The docket, last modified on 8 October, shows no decision entry yet.
15 October: leave granted. The Supreme Court’s What’s new notice of 15 October says that “Today, the Supreme Court decided the following leave applications” and links to its decisions list2. The docket for case 42277 records that leave was granted with costs in the cause, and the Registrar’s letter of the same day sets the filing schedule. The Canadian Press reported on 15 October that the Court agreed to hear the appeal, and Environmental Defence said the same in a release that day.
What did not change. ECCC’s overview of the regulations still states that the Federal Court of Appeal upholds the listing and that the regulations remain in force6. A separate proposal of 20 December 2025 to repeal the export ban is still marked proposed on ECCC’s registry, after a consultation that closed on 28 February 2026.
“The Single-use Plastics Prohibition Regulations remain in force.” Environment and Climate Change Canada, regulations overview, modified 2 March 2026
- past
- event
- next
- Plastic manufactured items added to CEPA Schedule 1 (SOR/2021-86)past
- Single-use Plastics Prohibition Regulations registered (SOR/2022-138)past
- Federal Court quashes the order in 2023 FC 1511; ruling stayedpast
- Sale bans start for bags, cutlery, foodservice ware, stir sticks and strawspast
- Export prohibition in force; repeal proposed the same daypast
- Federal Court of Appeal upholds the listing in 2026 FCA 17past
- Industry applicants file for leave to appealpast
- Supreme Court grants leave to appealevent
- Last day for the notice of appeal, by SPI's calculationnext
- Federal Plastics Registry filings on 2026 data duenext
Source: Canada Gazette; Supreme Court of Canada docket 42277; 2026 FCA 17; ECCC; Supreme Court Act, checked 14 Oct 2026.
Show the data
| Date | Label | Category | Link |
|---|---|---|---|
| 2021-04-23 | Plastic manufactured items added to CEPA Schedule 1 (SOR/2021-86) | past | https://www.gazette.gc.ca/rp-pr/p2/2021/2021-05-12/html/sor-dors86-eng.html |
| 2022-06-20 | Single-use Plastics Prohibition Regulations registered (SOR/2022-138) | past | https://gazette.gc.ca/rp-pr/p2/2022/2022-06-22/html/sor-dors138-eng.html |
| 2023-11-16 | Federal Court quashes the order in 2023 FC 1511; ruling stayed | past | https://www.scc-csc.ca/cases-dossiers/search-recherche/42277/ |
| 2023-12-20 | Sale bans start for bags, cutlery, foodservice ware, stir sticks and straws | past | https://www.canada.ca/en/environment-climate-change/services/managing-reducing-waste/reduce-plastic-waste/single-use-plastic-overview.html |
| 2025-12-20 | Export prohibition in force; repeal proposed the same day | past | https://gazette.gc.ca/rp-pr/p1/2025/2025-12-20/html/reg1-eng.html |
| 2026-01-30 | Federal Court of Appeal upholds the listing in 2026 FCA 17 | past | https://decisions.fca-caf.ca/fca-caf/decisions/en/521771/1/document.do |
| 2026-03-31 | Industry applicants file for leave to appeal | past | https://www.scc-csc.ca/cases-dossiers/search-recherche/42277/ |
| 2026-10-15 | Supreme Court grants leave to appeal | event | https://www.scc-csc.ca/cases-dossiers/search-recherche/42277/ |
| 2026-11-14 | Last day for the notice of appeal, by SPI's calculation | next | https://laws-lois.justice.gc.ca/eng/acts/S-26/page-3.html |
| 2027-09-29 | Federal Plastics Registry filings on 2026 data due | next | https://www.canada.ca/en/environment-climate-change/services/managing-reducing-waste/reduce-plastic-waste/federal-plastics-registry.html |
What the order and the regulations require
The order is one line in a schedule; the regulations carry the duties. SOR/2022-138, registered on 20 June 2022, bans manufacture and import first and sale a year later, then extended both to items made for export from 20 December 20255. Each item is defined by format and a technical test: cutlery and straws are caught if they contain polystyrene or polyethylene, or change physically after 100 dishwasher cycles.
Foodservice ware is narrower than the word suggests. Only clamshells, lidded containers, boxes, cups, plates and bowls made from or containing expanded or extruded polystyrene foam, PVC, certain black pigments or oxo-degradable plastic are banned, so clear PET containers are outside. Flexible straws stay available on request, in packages of 20 or more kept off self-service display, and in care settings.
Breaches carry minimum fines. The prohibitions are designated provisions under CEPA, so a large corporation convicted on indictment faces CAD 500,000 to CAD 6,000,000 for a first offence under section 272(3), as SPI’s tracker record for PR-CA-001 sets out. A small revenue corporation faces CAD 75,000 to CAD 4,000,000 on indictment, and an individual CAD 15,000 to CAD 1,000,000 or up to three years in prison. ECCC’s pages list no conviction under the regulations.
| Item | Manufacture and import for sale in Canada | Sale | Manufacture, import and sale for export | What it means |
|---|---|---|---|---|
| Checkout bags | 2022-12-20 | 2023-12-20 | 2025-12-20 | Fabric bags caught only if they fail the use or wash test |
| Cutlery | 2022-12-20 | 2023-12-20 | 2025-12-20 | Reusable cutlery passing 100 dishwasher cycles is outside |
| Foodservice ware | 2022-12-20 | 2023-12-20 | 2025-12-20 | EPS, XPS, PVC, black pigment or oxo-degradable formats only |
| Stir sticks | 2022-12-20 | 2023-12-20 | 2025-12-20 | Includes sticks that stop drinks spilling from a lid |
| Straws | 2022-12-20 | 2023-12-20 | 2025-12-20 | Flexible straws allowed on request and in care settings |
| Ring carriers | 2023-06-20 | 2024-06-20 | 2025-12-20 | Deformable rings holding drinks containers together |
| Flexible straws packed with drinks | Not applicable | 2024-06-20 | 2025-12-20 | Juice box and pouch straws |
Source: ECCC, Single-use Plastics Prohibition Regulations overview, modified 2 Mar 2026; SOR/2022-138; Canada Gazette Part I, checked 29 Oct 2026.
Export prohibition subject to the repeal proposed on 20 December 2025, which had not been finalised as of 16 October 2026.
The export ban is the one moving part. ECCC’s proposal of 20 December 2025 would lift it while keeping domestic bans and the five-year record duty, and says “The prohibition on export will not fulfil an environmental objective commensurate to its economic impact”7. ECCC’s registry still lists it as proposed.
The Federal Plastics Registry, tracked as PR-CA-002, rests on a different power. It is a notice under CEPA subsection 46(1), which lets the Minister collect information, and it applies to producers placing 1,000 kilograms or more of plastic packaging, electronic equipment or single-use products on the market each year8. Phases 2 and 3 are postponed; Phase 1 reports continue for 2024, 2025 and 2026 data.
Industry reaction
“we’ll be standing with the government as it defends its role in the fight to end plastic pollution”
Environmental Defence’s release notes that it intervened at both lower courts and that more than 50 groups sent Ottawa a call to action on plastic pollution in spring 2026.
“The government must proceed in the meantime to protect people and the environment from the hazards that plastic poses”
The same release calls for the phase-out of unnecessary single-use plastics and support for reuse and refill systems while the appeal runs; on the Court’s filing periods, written arguments run into 2027.
“Despite its disappointment, CIAC remains committed to being a constructive partner in addressing plastics in the environment.”
The CIAC statement called the original listing an overreach and argued that CEPA decisions should rest on substance-specific science; SPI has not yet confirmed a CIAC statement on the leave decision.
“Today’s decision is a major win for ocean protection and for Canadians.”
The joint release came from five health and environment groups that Ecojustice represented as interveners; Ecojustice’s lawyer called the ruling a protection for one of the government’s tools against plastic pollution.
“gives the Government of Canada important tools to take informed action on plastic pollution”
The minister’s statement tied the ruling to the government’s science assessment of plastic pollution10. SPI has not yet confirmed a published statement on the leave decision from the minister’s office, the Responsible Plastic Use Coalition or the Canadian Plastics Industry Association; The Canadian Press reported that the industry group had not responded to a request for comment.
Who gains and who pays as the appeal runs
The applicants. Dow Chemical Canada ULC, Imperial Oil and Nova Chemicals Corporation are resin producers, not makers of straws or bags, so their stake is the precedent. Imperial’s fourth quarter 2025 results show chemical segment net income of CAD 82 million for 2025, down 52.0% from CAD 171 million in 2024 by SPI’s calculation, on 683 thousand tonnes of petrochemical sales. Dow’s group results put Packaging & Specialty Plastics net sales at USD 19,970 million for 2025, a worldwide figure, not a Canadian one15. SPI has not yet confirmed a public 2025 figure for Nova Chemicals.
Converters that made the six items. The December 2025 proposal says 112 businesses were identified as manufacturers in 2021. Up to 49 of them (44%) may still make at least one item, 54 (48%) have shifted away and 9 (8%) appear to have been acquired or shut down; 82% of the 49 are small businesses. ECCC’s 2022 analysis put forgone profit for manufacturers from the export ban at CAD 69 million, in 2021 dollars.
Exporters. The same proposal puts the plastic product manufacturing sector at about CAD 35 billion of revenue and 85,000 jobs in 2023, and says about 94% of CAD 14.9 billion of plastics exports that year went to the United States. That is the market the export ban closed to Canadian makers of the six items, and the one the repeal would reopen.
Importers and retailers. The 2021 analysis counted 128 importers. Retailers carry the sale bans and the flexible straw conditions, and the 2022 impact statement put the ban’s total cost at a present value of CAD 2 billion over 2023 to 2032, mostly substitution costs of about CAD 5 per person a year.
Substitute suppliers. Substitution costs make up most of that CAD 2 billion, the impact statement says, and that spending goes to makers of the alternatives. The 2019 market the ban removed was 29,654 million units sold for CAD 760 million in 2021 dollars, and checkout bags were 52.6% of the units, by SPI’s calculation.
Recyclers and municipalities. The impact statement credits the ban with monetised benefits of CAD 616 million, from avoided litter clean-up and marine pollution, and a 22,000 tonne cut in plastic pollution over ten years5.
| Company or sector | Exposure | Figure | Source |
|---|---|---|---|
| Imperial Oil | Applicant; chemical segment net income | CAD 82 million in 2025, CAD 171 million in 2024 | Imperial Q4 2025 results |
| Imperial Oil | Petrochemical sales | 683 thousand tonnes in 2025 | Imperial Q4 2025 results |
| Dow | Applicant's parent; Packaging & Specialty Plastics net sales | USD 19,970 million in 2025, worldwide | Dow Q4 2025 results |
| Canadian manufacturers of the six items | Businesses that may still make at least one item | Up to 49 of 112 | Canada Gazette Part I, 20 Dec 2025 |
| Canadian manufacturers of the six items | Forgone profit from the export ban | CAD 69 million, 2021 dollars | Canada Gazette Part I, 20 Dec 2025 |
| Plastic product manufacturing, NAICS 3261 | Sector revenue and jobs, 2023 | About CAD 35 billion; about 85,000 jobs | Canada Gazette Part I, 20 Dec 2025 |
| All affected parties | Present value cost of the ban, 2023 to 2032 | CAD 2 billion | SOR/2022-138 RIAS |
Source: Imperial Oil Q4 2025 results, 30 Jan 2026; Dow Q4 2025 results, 29 Jan 2026; Canada Gazette Part I, 20 Dec 2025; SOR/2022-138 RIAS, checked 29 Oct 2026.
Figures differ in currency (CAD and USD), year, scope and basis. Dow's figure is worldwide. Do not add them up, average or rank them.
The pinch point: one listing carries every future federal plastics rule
The case is narrow on paper and wide in effect. The Federal Court of Appeal held that the listing is only an enabling step, so the regulations are where Ottawa’s choices are tested. If the Supreme Court disagrees with that framing, the question moves from six items to whether any listing of a class of articles can stand.
Timing is the second constraint. Under section 58(1)(b) of the Supreme Court Act, the notice of appeal must be served and filed within 30 days of the judgment granting leave9. The Registrar’s schedule on the docket sets the notice of appeal for 16 November 2026, the appellants’ factum, record and book of authorities for 18 January 2027 and the respondents’ for 8 March 2027. Motions for leave to intervene are due by 15 February 2027, and the hearing date will be set by the Court.
The litigation has already shown how courts handle the gap between a ruling and its effect. When the Federal Court quashed the order in November 2023, its decision was stayed pending appeal, so the sale bans took effect on 20 December 2023 regardless, as ECCC’s overview and the tracker history for PR-CA-001 show. Any Supreme Court remedy would be set in its own judgment.
SPI analysis
Three outcomes follow from the procedure, and SPI does not rank them. If the appeal is dismissed, the 2021 listing stands and SOR/2022-138 carries on unchanged. If it is allowed and the order quashed, the regulations would lose their CEPA basis, subject to whatever remedy or suspension the Court orders. A third path, a ruling on the standard of review that sends the matter back, would leave the listing in place until a lower court decides again.
SPI analysis
The Federal Plastics Registry rests on CEPA subsection 46(1), not on Schedule 1, so its reporting duties do not depend on the appeal. British Columbia’s own single-use regulation, PR-CA-005, rests on provincial law and covers more formats, so B.C. sellers would face foam and PVC limits whatever the Supreme Court decides. B.C. Reg. 254/2023 was deposited on 1 December 2023 and has barred foam, PVC, PVDC and degradable plastic food service ware since 15 July 2024, and the province calls the federal rules a national minimum, according to the tracker record.
How Canada's legal basis compares with the EU, England and US states
Canada is unusual in hanging its bans on a toxic substance listing. The EU acts under environment policy: Directive (EU) 2019/904, tracked as PR-EU-014, is based on Article 192(1) of the Treaty on the Functioning of the European Union and required Member States to bar nine product types from the market from 3 July 202116. Penalties are set nationally and must be “effective, proportionate and dissuasive”.
England uses a pollution-prevention supply power. SI 2023/982, tracked as PR-GB-006, was made under section 140 of the Environmental Protection Act 1990 and bans supply to end users of single-use plastic plates, trays, bowls, cutlery and balloon sticks, and polystyrene food and drink containers and cups, from 1 October 202317. The fixed penalty is GBP 200, reduced to GBP 100 if paid within 28 days.
US states act product by product. California’s ban on expanded polystyrene food service ware, PR-US-005, applies because producers did not show a 25% statewide recycling rate by 1 January 2025. Washington’s RCW 70A.245.070, PR-US-012, banned EPS food service products from 1 June 2024, and Oregon’s SB 543, PR-US-013, banned foam containers from 1 January 2025.
| Jurisdiction | Instrument | Legal basis | Items | In force | Penalty |
|---|---|---|---|---|---|
| Canada | SOR/2022-138 | CEPA Schedule 1 listing, SOR/2021-86 | 6 categories, manufacture, import, sale and export | Sale from 2023-12-20 | CAD 500,000 to 6,000,000, large corporation on indictment, first offence |
| European Union | Directive (EU) 2019/904, Article 5 | TFEU Article 192(1) | 9 product types plus oxo-degradable plastic | 2021-07-03 | Set by each Member State |
| England | SI 2023/982 | Environmental Protection Act 1990, section 140 | Plates, trays, bowls, cutlery, balloon sticks, polystyrene containers and cups | 2023-10-01 | GBP 200 fixed penalty |
| California | PRC 42057(i), added by SB 54 | Recycling rate condition | EPS food service ware | 2025-01-01 | Up to USD 50,000 per violation per day |
| Washington | RCW 70A.245.070 | State statute | EPS food service products, coolers, packing peanuts | 2024-06-01 | Up to USD 250 per violation, first penalty |
| Oregon | SB 543, ORS 459.465 to 459.477 | State statute | Foam food containers, packing peanuts, PFAS foodware | 2025-01-01 | Up to USD 500 per day for sellers |
Source: SOR/2021-86; SOR/2022-138; Directive (EU) 2019/904; SI 2023/982; SPI Regulation Tracker records PR-CA-001, PR-EU-014, PR-GB-006, PR-US-005, PR-US-012 and PR-US-013, data as of, checked 14 Oct 2026.
Penalties are in each jurisdiction's own currency and on its own basis (per offence, per violation or per day). They are not comparable and must never be summed, averaged or ranked.
Wales legislated in primary law. The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023, tracked as PR-GB-007, received Royal Assent on 6 June 2023, its first prohibitions took effect on 30 October 2023, and a ban on plastic wet wipes follows on 18 December 2026. Its Schedule can be extended by regulations, without a new Act.
Scope differs as much as legal basis. The EU list covers cotton bud sticks, plates and balloon sticks that Canada does not ban, while Canada’s checkout bags and ring carriers are not on the EU Article 5 list. England bans supply to end users only, so an English converter may still make listed items for export; Canada has barred export production since 20 December 2025, pending the repeal proposal.
SPI analysis
The EU, English and US bans each rest on a power written for product restrictions, so none turns on whether plastic is “toxic”. That is why the Canadian appeal has no direct parallel abroad, and why a reversal would leave Canada, alone of these markets, without a federal ban while legislation was rebuilt.
What it means for you
SPI analysis
These points follow from the sources above and are not legal advice; check with counsel on any product or contract question.
- Brand owners: the six bans apply today and will keep applying through the appeal. Do not reintroduce banned formats on the strength of the leave decision; any change would come from a judgment, not from leave.
- Retailers: sale bans have applied since 20 December 2023 and 20 June 2024. Keep flexible straw procedures in place, and plan for B.C. foam and PVC limits under PR-CA-005 whatever the outcome.
- Converters: up to 49 Canadian manufacturers may still make a listed item, and the export ban repeal is still only proposed. Keep section 8 export records for five years and track the final amendment.
- Material makers: the applicants’ stake is the precedent for future listings. Watch the appellants’ factum, due eight weeks after the notice of appeal, for the arguments that will frame any new federal rule.
- Importers: import bans have run since 20 December 2022 for five items. Keep proof of transit for goods passing through Canada.
- Compliance teams: Federal Plastics Registry duties under PR-CA-002 continue regardless, with 2026 data due on 29 September 2027.
- Provincial programme operators: Ontario, British Columbia and Québec packaging EPR rests on provincial statutes, not on CEPA, so producer obligations under PR-CA-003, PR-CA-004 and PR-CA-006 run on unchanged whatever the federal appeal decides.
- Finance and investors: the ban’s present value cost was put at CAD 2 billion over ten years. Ask portfolio converters what share of sales still depends on export of listed items.
Track PR-CA-001, PR-CA-002 and PR-CA-005 among the 79 rules in the SPI Regulation Tracker, and compare the EU and English bans in PR-EU-014 and PR-GB-006. For named exposure, see the SPI Buyers Database.
What to watch next
- 16 Nov 2026: notice of appeal due, under the Registrar’s schedule of 15 October.
- 18 Jan 2027: appellants’ factum, record and book of authorities due, under the Registrar’s schedule; motions for leave to intervene follow by 15 February 2027 and the respondents’ factum by 8 March 2027.
- 29 Sep 2027: Federal Plastics Registry filings on 2026 quantities fall due, under the 2024 CEPA section 46 notice.
- 2027: a new registry notice for 2027 to 2029 data is expected, after the notice of intent of 14 March 2026.
- No date set: the Supreme Court hearing; the Court publishes its hearing calendar ahead of each session.
- No date set: final regulations repealing the export ban, proposed on 20 December 2025.
FAQ
Is Canada's single-use plastics ban still in force?
Yes. ECCC’s overview, modified 2 March 2026, states that the Single-use Plastics Prohibition Regulations remain in force. The Supreme Court’s grant of leave on 15 October 2026 does not suspend them, and the Federal Court of Appeal ruling of 30 January 2026 upholding the listing stands until the Supreme Court decides.
What did the Supreme Court of Canada decide on 15 October 2026?
It granted leave to appeal in docket 42277 on 15 October, the Court’s docket shows, so it will hear the challenge to the 2021 toxic listing. The appellants’ factum is due by 18 January 2027. The decision on the merits will follow a hearing for which no date is set.
Who is appealing?
The Responsible Plastic Use Coalition, Dow Chemical Canada ULC, Imperial Oil and Nova Chemicals Corporation, according to the Supreme Court docket. The respondents include the Attorney General of Canada and the Attorneys General of Alberta, Saskatchewan and British Columbia.
What did the Federal Court of Appeal decide in 2026 FCA 17?
On 30 January 2026, a unanimous three-judge panel allowed Ottawa’s appeal and dismissed the judicial review with costs. It held that plastic manufactured items are a substance under CEPA and that the listing was reasonable, reversing the Federal Court’s ruling of 16 November 2023.
Which items does SOR/2022-138 ban?
Six: checkout bags, cutlery, foodservice ware made from or containing problematic plastics, ring carriers, stir sticks and straws. Sale has been barred since 20 December 2023, or 20 June 2024 for ring carriers and straws packed with drinks. In 2019 those items made up 149,300 tonnes.
Does the appeal affect the Federal Plastics Registry?
Not directly. The registry is a notice under CEPA subsection 46(1), which lets the Minister gather information, rather than a regulation that relies on the toxic listing. Reporting on 2026 data is due on 29 September 2027.
Sources
- Supreme Court of Canada, Case information, docket 42277: Responsible Plastic Use Coalition, et al. v. Attorney General of Canada, et al., page modified 8 October 2026 (consulted 2026-10-16)
- Supreme Court of Canada, What’s new: Judgments on leave applications, 15 October 2026 (consulted 2026-10-16)
- Federal Court of Appeal, Attorney General of Canada et al. v. Responsible Plastic Use Coalition et al., 2026 FCA 17, 30 January 2026 (consulted 2026-10-16)
- Canada Gazette, Part II, Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999: SOR/2021-86, registered 23 April 2021, published 12 May 2021 (consulted 2026-10-16)
- Canada Gazette, Part II, Single-use Plastics Prohibition Regulations: SOR/2022-138, registered 20 June 2022, published 22 June 2022 (consulted 2026-10-16)
- Environment and Climate Change Canada, Single-use Plastics Prohibition Regulations: overview, modified 2 March 2026 (consulted 2026-10-16)
- Canada Gazette, Part I, Regulations Amending the Single-use Plastics Prohibition Regulations (proposed), 20 December 2025 (consulted 2026-10-16)
- Environment and Climate Change Canada, Federal Plastics Registry, modified 13 March 2026 (consulted 2026-10-16)
- Justice Laws, Supreme Court Act, section 58, current consolidation (consulted 2026-10-16)
- Environment and Climate Change Canada, Statement by the Minister of the Environment, Climate Change and Nature on the Federal Court of Appeal’s decision regarding the listing of plastic manufactured items, 30 January 2026 (consulted 2026-10-16)
- Environmental Defence, Supreme Court will hear Big Plastics arguments against federal action on plastic pollution, 15 October 2026 (consulted 2026-10-16)
- Chemistry Industry Association of Canada, CIAC Expresses Disappointment with Federal Court of Appeal Decision, 30 January 2026 (consulted 2026-10-16)
- Ecojustice, Health and environmental groups celebrate victory in plastic pollution regulation case, 30 January 2026 (consulted 2026-10-16)
- Imperial Oil Limited, SEC Form 8-K, Imperial announces fourth quarter 2025 financial and operating results, 30 January 2026 (consulted 2026-10-16)
- Dow, Dow reports fourth quarter 2025 results, 29 January 2026 (consulted 2026-10-16)
- EUR-Lex, Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment, OJ L 155, 12 June 2019 (consulted 2026-10-16)
- legislation.gov.uk, The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023, SI 2023/982, made 7 September 2023 (consulted 2026-10-16)
Secondary (context only)
- The Canadian Press, via Lethbridge Herald, Supreme Court will hear appeal affecting Ottawa’s single-use plastics ban, 15 October 2026 (consulted 2026-10-16)
Go deeper
- SPI dataSPI Regulation Tracker79 packaging rules in 25 jurisdictions: EPR, PPWR, SB 54, SB 343, plastic taxes, bans and deposit return, each with its official source and dates.
- SPI Regulation TrackerPR-CA-001
- SPI Regulation TrackerPR-CA-002
- SPI Regulation TrackerPR-EU-014
- SPI Regulation TrackerPR-GB-006