March 17, 2026
Court Ruling Protects Canada’s Ability to Regulate Plastic
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The Federal Court of Appeal has unanimously ruled in favour of the Canadian government’s authority to regulate plastic. This long-awaited decision means plastic manufactured items can continue to be listed as ‘toxic’ under Schedule 1 of the Canadian Environmental Protection Act (CEPA) and Canada’s single-use plastic ban remains intact. A major win in the fight against plastic pollution.
What does this ruling mean?
Listing plastic under CEPA gives the federal government the authority to prevent, control, and regulate plastic pollution at every stage of a product’s life cycle — from manufacturing and use to storage, transportation, and sale. In short, it allows the government to implement science-based regulations that protect the oceans, our environment, and our bodies from plastic pollution.
This is a major win for ocean protection and for Canadians. By upholding the federal government’s authority to regulate plastic, the court has affirmed that science-based action to reduce plastic pollution is both legal and necessary.
How did we get here?
In 2021, the federal government listed plastic manufactured items under Schedule 1 of CEPA. In response, major plastic producers — led by Dow Chemical, Imperial Oil, and NOVA Chemicals — launched a legal challenge, stalling progress on regulating harmful plastics. After more than three years in court, the Federal Court of Appeal confirmed what scientists, communities, and advocates have long said. The federal government was right to act proactively to protect people and the planet. A critical step forward to end plastic pollution.
Canadians want less plastic
Recent polling shows that 85% of Canadians support regulations to reduce single-use plastic, and most believe the federal government has a responsibility to act. The people have spoken. This ruling is a clear victory for evidence-based policy, and the collective efforts of people across Canada demanding meaningful solutions to regulate plastic. After prolonged industry challenges, progress to address plastic pollution nationally can finally move forward.
Now the federal government must continue work started in 2021 to regulate plastic, protecting oceans and Canadians from pollution.
What’s next to regulate plastic?
In the coming months, Oceana Canada will work to hold the federal government accountable for advancing strong plastic regulations. Urging the government to implement regulations that will prevent billions of unnecessary single-use plastic items from entering the market and keeping plastic out of landfills and away from the environment.
Oceana Canada’s Breaking the Plastic Report offers a clear policy roadmap toward plastic-free oceans.
The health of the oceans depends on the actions we take now to regulate plastic.
Now, we must make up for lost time. The health of the oceans depend on the actions we take now to end plastic pollution. Together, we can help secure healthier oceans, free of plastic pollution. Learn more about our work to reduce plastic pollution in Canada here. >>>
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