Environment Minister Steven Guilbeault says the federal government will appeal a recent Federal Court decision that struck down a cabinet order underpinning Ottawa’s ban on certain single-use plastics.
The Nov. 16 ruling says Ottawa overstepped by designating all “items made of plastic” as toxic under the Canadian Environmental Protection Act.
The toxic designation is required so that the government can regulate the use of plastics in Canada.
Without it, the ban on six single-use plastic items, including straws, grocery bags and utensils, could not stand.
The court’s ruling does not suggest that the government cannot designate specific types of plastic items as toxic, but says there is no evidence that the thousands of products in this category are potentially harmful to people or the environment.
Mr. Guilbeault affirms that the government remains determined to fight the scourge of plastic pollution and that it is exploring all options to move forward, in addition to filing an appeal of the court decision.
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