The National Single-Use Plastics ban was announced on October 7, 2020. Since the announcement, the plastics ban has faced legal challenges. As with many other environmental regulations, it appears there will be a change in the single-use plastic regulations. The reason behind the change came “following a review of the current policy landscape, global trade conditions, and domestic economic challenges” (in a post on “X” by the Minister of Environment and Climate Change).
The prohibition on exporting single-use plastics that was going to begin on December 20, 2025, has been revoked.
This change is part of a series of federal environmental regulatory changes that have occurred throughout 2025. We have also seen significant environmental regulatory amendments in Ontario (Record of Site Conditions and Excess Soil). The reason for these environmental regulatory changes consistently points to the economy and trade.
Single-Use Plastics
As we shared in our August 30, 2022, blog, the phased-in approach to the single-use plastic ban included the following schedule (Source: Government of Canada):
| Item | Manufacture and import for sale in Canada | Sale | Manufacture, import, and sale for export |
| Checkout bags, cutlery, foodservice ware, stir sticks, straws* | December 20, 2022 | December 20, 2023 | December 20, 2025 |
| Ring carriers (for beverages) | June 20, 2023 | June 20, 2024 | December 20, 2025 |
| Flexible straws packaged with beverage containers | N/A | June 20, 2024 | December 20, 2025 |
It is the final section of this schedule, the December 20, 2025, prohibition on exporting single-use plastics, which is the focus of change.
What about the Legal Challenge to List Plastics as Toxic?
Complicating the effort to ban single-use plastics was the decision by the Canadian government to add plastics to Schedule 1 of the toxic substances list under the Canadian Environmental Protection Act (CEPA). Schedule 1 substances include substances such as benzene, lead, mercury, and vinyl chloride. The decision to list plastics as a toxic substance has resulted in legal challenges.
As we reported in our August 7, 2023, blog, the Federal Court of Canada released its decision in Responsible Plastic Use Coalition v. Canada (Environment and Climate Change Canada). The Court declared that the federal government’s Order adding plastic-manufactured items (PMI) to the Toxic Substances List in CEPA was “both unreasonable and unconstitutional.”
Status of the Legal Challenge
The law firm, McMillan, provided the following update regarding the legal challenge to listing plastics as toxic under CEPA. “The Federal Government appealed the decision on December 8, 2023. No final ruling has been made in the appeal and the (single-use plastics) Regulations remain in force while the appeal decision is pending. That said, if the Federal Court of Appeal upholds the Federal Court’s decision to strike down the Order, the Federal Government will likely amend the Order to include a narrower list of plastic products as toxic substances under Schedule 1 of CEPA.”
Single-Use Plastics: What is Changing?
The legal challenges notwithstanding, the prohibition on exporting single-use plastics that was going to begin on December 20, 2025, has been revoked. See the statement on “x” from the Ministry of Environment and Climate Change, Julie Dabrusin.
As mentioned above, the outcome of the appeal to list plastics as toxic may again change how single-use plastics are regulated.
Environmental Assistance
For more information or for assistance with an environmental issue, contact Christopher Paré, P.Geo., at 519-948-7300, Ext. 114.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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