Canada
On January 30, 2026, the Federal Court of Appeal allowed the appeal in the case of Canada v. Responsible Plastics Use Coalition et al., affirming the classification of plastic manufactured items (PMIs) as toxic substances under the Canadian Environmental Protection Act (CEPA).
Section 64 of CEPA defines "toxic" substances as those that may harm the environment or biological diversity. Subsection 90(1) allows the Governor in Council to add such substances to Schedule 1 of the Act. On April 23, 2021, the Governor in Council added PMIs to Schedule 1, enabling their regulation under section 93 of CEPA.
The Responsible Plastics Use Coalition, along with several industry stakeholders, challenged this designation, arguing that PMIs should not be classified as toxic substances. The Federal Court of Appeal's decision to uphold the classification reinforces the government's authority to regulate PMIs to protect environmental and public health.
This ruling has significant implications for manufacturers and users of plastic products in Canada. It paves the way for stricter regulations aimed at reducing plastic pollution and its associated environmental impacts. Industries may need to adapt to new compliance requirements and consider alternative materials or processes to align with the updated regulatory framework.
For more detailed information, refer to the plain-language summary provided by the Federal Court of Appeal: Federal Court of Appeal Decision on Plastic Manufactured Items.
