Nova Chemicals Corporation

Canada's top court to hear challenge to plastics 'toxic' listing

The Supreme Court of Canada granted leave to appeal on 15 October 2026 to a challenge brought by the Responsible Plastic Use Coalition, Dow Chemical Canada, Imperial Oil and Nova Chemicals against the federal order that lists plastic manufactured items as toxic under the Canadian Environmental Protection Act. That listing underpins Ottawa's Single-Use Plastics Prohibition Regulations, which ban checkout bags, cutlery, foodservice ware, ring carriers, stir sticks and most straws. No hearing date has been set; filings run into 2027.

Why this mattersA ruling against the listing would remove the legal basis of Canada's single-use plastics ban, putting in question format switches made by foodservice and retail since 2023.

• Supreme Court of Canada granted leave to appeal on 15 October 2026 in file 42277, with costs in the cause
• Appellants are the Responsible Plastic Use Coalition, Dow Chemical Canada, Imperial Oil and Nova Chemicals Corporation
• The challenge targets the 2021 order listing plastic manufactured items as toxic under the Canadian Environmental Protection Act, 1999
• Federal Court quashed the listing in November 2023 (2023 FC 1511); Federal Court of Appeal reinstated it in January 2026 (2026 FCA 17)
• The listing underlies bans on checkout bags, cutlery, foodservice ware and stir sticks (effective 20 December 2023) and ring carriers (effective 20 June 2024)
• Appellants' notice of appeal is due 16 November 2026, factum by 18 January 2027; respondents must file by 8 March 2027

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