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Canada to appeal court ruling that struck down plastic ban

Ruling found Ottawa had overstepped by labelling all “plastic manufactured items” as toxic
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Environment Minister Steven Guilbeault says the federal government will appeal a Federal Court ruling which struck down a cabinet order which underlies Ottawa’s ban of some single-use plastics. Guilbeault arrives for a news conference, in Ottawa, on Monday, Nov. 20, 2023. THE CANADIAN PRESS/Justin Tang

Environment Minister Steven Guilbeault says the federal government will appeal a recent Federal Court ruling that struck down a cabinet order underlying Ottawa’s ban of some single-use plastics.

The decision on Nov. 16 said Ottawa had overstepped by labelling all “plastic manufactured items” as toxic under the Canadian Environmental Protection Act.

The toxic designation is required for the government to regulate the use of substances in Canada.

Without it, the ban on six single-use plastic items, including straws, grocery bags and cutlery, won’t be able to stand.

The court’s ruling did not suggest that the government could not label specific types of plastic items as toxic, but said there was no evidence that all of the thousands of products in that category are potentially harmful to people or the environment.

Guilbeault says the government remains committed to fighting the scourge of plastic pollution and is exploring all options for moving forward, on top of filing an appeal to the court decision.

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