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The federal Single-use Plastics Prohibition Regulation ("SUP Regulations") was set to introduce a ban on the manufacture, import and sale of certain single-use plastic manufactured items for the purpose of export starting on December 20, 2025 (see our overview here). On October 20, 2025, however, the Minister of Environment and Climate Change (the "Minister") announced on X that the Federal Government will no longer be pursuing the implementation of the single-use plastics export ban, a decision which was said to be based on a review of the policy landscape, global trade conditions, and domestic economic challenges.
This bulletin is part of our ongoing Plan for the Ban series covering all manner of plastics regulation in Canada.
Background on the Ban
In 2018, the Canadian Council of Ministers of the Environment published a Canada-wide Strategy on Zero Plastic Waste aimed to achieve a circular and low-carbon economy and reach zero plastic waste by 2030. As part of the goal to achieve zero plastic waste by 2030, the Federal Government made an order on April 23, 2021 (the "Order") classifying plastic manufactured items as a "toxic substance" under Schedule 1 of the Canadian Environmental Protection Act, 1999 ("CEPA") (you can read more about the Order in our bulletin, here). Part 5 of CEPA grants the Canadian government the authority to manage toxic substances in Schedule 1 by way of regulations. It is on this basis, and based on the Federal Government's Discussion Paper outlining a framework for characterizing and managing problematic plastics,1 that the Federal Government enacted the SUP Regulations.
The SUP Regulations operate using a phased-in approach to ban or restrict the manufacture, import and sale of the following items that are made entirely or in part from plastic: (i) plastic checkout bags; (ii) beverage stir sticks; (iii) six-pack rings; (iv) cutlery (made of certain plastics); (v) straws (made of certain plastics); and (vi) food packaging and service ware made from "problematic plastics."2
The ban initially began on December 20, 2022 for the manufacture and import of the designated plastic products for sale in Canada, and then expanded to their sale or supply in Canada. The final phase of the SUP Regulations is a ban on the manufacture, import and sale of the regulated products for the purpose of export (i.e., sale or supply outside of Canada) and was intended to come into force on December 20, 2025.
On October 20, 2025, the Minister announced that the Federal Government will be revoking the export ban. The reasoning given by the Minister is that the export ban is unlikely to lead to a net decrease in plastic waste globally, given that other countries have not introduced similar bans.3 According to the Minister, enacting an export ban in Canada will therefore mean that other countries will simply shift away from Canadian suppliers and buy the items elsewhere, which would have a negative effect on the Canadian economy.4
This decision likely flows from the 2025 Federal Budget, which includes a commitment to introduce a variety of targeted amendments to legislation to increase government efficiency and operational effectiveness, in the spirit of the 60-day red tape review.5 As of this date, however, no formal legislative action has been taken to give effect to the planned revocation of the export ban, so it is unclear how the Federal Government intends to adjust the phased-in approach.
Ongoing Legal Challenges
The Federal Government's efforts to reduce plastic waste has not been without its challenges.
In 2023, the Federal Court struck down the order classifying plastic manufactured items as a "toxic substance" as unreasonable and unconstitutional.6 The Federal Government appealed the decision on December 8, 2023. No final ruling has been made in the appeal and the SUP Regulations remain in force while the appeal decision is pending. That said, if the Federal Court of Appeal upholds the Federal Court's decision to strike down the Order, the Federal Government will likely amend the Order to include a narrower list of plastic products as toxic substances under Schedule 1 of CEPA. This will allow the SUP Regulations to remain in force, though may lessen the Federal Government's ability to ban certain substances within Canada. For more information on the Federal Court's decision and the appeal, you can read our bulletins here.
Taken together, the pause on the implementation of the single-use plastics export ban and the challenges to the Order reflect the balancing act that we have seen repeatedly play out in recent years between achieving environmental and climate-related goals and ensuring and supporting economic competitiveness and growth. Whether this pause on the export ban reflects in any way a lessening of Canada's commitment to achieving zero plastic waste or is simply a necessary response to increased trade pressures in a time of ongoing economic uncertainty, however, remains to be seen.
Footnotes
1 Canada, Ministry of Environment and Climate Change, Discussion paper: A proposed integrated management approach to plastic products to prevent waste and pollution (modified 07 October 2020).
2 SOR/2022-138; "problematic plastics" are either environmentally problematic (i.e., plastics meeting criteria such as a high rate of disposal in the environment or causing suspected or actual environmental harm) or value-recovery problematic (i.e., plastic meeting criteria such as a low recycling rate, or inability to recycle due to product specifications or lack of recycling technology). To be eligible for a ban, products must be both environmentally and value-recovery problematic.
3 Julie Dabrusin, "Please see my statement on the Single-Use Plastic Export Ban" (20 October 2025), online: X.com.
4 Ibid.
5 Canada, Ministry of Finance and National Revenue, Budget 2025: Canada Strong (November 2025) at p 218.
6 Responsible Plastic Use Coalition v. Canada (Environment and Climate Change), 2023 FC 1511.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
