The Federal Court of Appeal in Canada has made a key decision on the regulation of plastic in the case Canada (Attorney General) v. Responsible Plastic Use Coalition. The court ruled in favour of the Canadian government and overturned a previous ruling by the Federal Court, which had declared the classification of certain plastic products as „toxic“ under the Canadian Environmental Protection Act (CEPA) to be invalid. This means that the basis for government measures against plastic waste remains in place.
The legal dispute was initiated by the Responsible Plastic Use Coalition and several industrial companies - including Dow Chemical Canada, Imperial Oil and Nova Chemicals. They had argued that the inclusion of „plastic manufactured items“ in the list of toxic substances was not legally justified.
Court of Appeal overturns judgement of the lower court
The Court of Appeal ruled that the Federal Government had acted lawfully in categorising plastic products under the Environmental Protection Act. The judge in charge, Mr Rennie, stated in the grounds of judgement that the appeal would be allowed and the application for judicial review would be dismissed.
The decision thus calls into question the Federal Court's judgement from 2023, which had deemed the inclusion of plastic products in the list of toxic substances to be inappropriate. In the opinion of the Court of Appeal, however, the lower court had interfered too much with the government's scientific assessment and political decision-making authority.
Basis for further regulation of plastics
With this decision, the classification of „plastic manufactured items“ as toxic remains in place. This classification enables the Canadian government to enact regulatory measures against plastic pollution. These may include bans on certain single-use plastics or other waste prevention measures.
In the proceedings, the authorities referred, among other things, to scientific assessments according to which plastic waste can have a significant impact on ecosystems, wildlife and the environment. These assessments formed the basis for the government's decision to bring plastic products under the scope of the Environmental Act.
Significance for packaging and the plastics industry
The judgement has considerable significance for the packaging industry: many packaging items are classed as „plastic manufactured items“, which may be affected by the regulation. The ruling therefore confirms the legal basis for national measures to reduce plastic waste.
The legal dispute also highlights the tensions between environmental policy and industry interests: While environmental organisations are calling for stricter rules against plastic pollution, parts of the plastics and chemical industry see risks for production and innovation.
Source: Canada's Federal Court of Appeal
