Alberta Premier Danielle Smith plans to fight the federal government's plastics ban once again. (CHAT News)

By Eli J. Ridder | @EliRidder

‘Past time for Ottawa to listen’: Alberta continuing fight against national plastics ban as feds file appeal

Dec 19, 2023 | 4:21 PM

EDMONTON, AB – The Alberta government says it will continue its fight against a nationwide plastics ban as the issue returns to court.

The federal government aimed to ban plastics by classifying the material as toxic, a move the Federal Court of Canada rules was unconstitutional.

Ottawa has launched an appeal against the court’s decision and Alberta Premier Danielle Smith said Tuesday it will participate in the appeal to once again make the argument the ban intrudes into provincial jurisdiction.

“It is past time for Ottawa to listen,” Smith said in a news conference.

“We have told them they are overreaching their jurisdiction, the private sector has told them so, and so have both the Supreme Court and the Federal Court,” Smith said.

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“Ottawa cannot assume regulatory authority over any substance simply by designating it as toxic. We will continue to push back against Ottawa’s unconstitutional actions, including through this legal action, until they listen.”

In 2021, the administrator in council added plastic manufactured items be added to the Canadian Environmental Protection Act.

Once a material like plastic is deemed toxic under the act, it allows the federal government to have full regulatory control over the substance, including manufacturing, selling and disposal.

Alberta, later joined by Saskatchewan, joined a case before the courts reviewing the legal legitimacy of the policy in 2022.

On Nov. 16, the federal court’s Justice Angela Furlanetto concluded the order adding “plastic manufactured items” to a list designating them as toxic as both unreasonable from an administrative law perspective, and unconstitutional.

The Canadian government said at the time of the decision that it would consider an appeal and on Nov. 20 confirmed it would move ahead.

“Canadians have been loud and clear that they want action to keep plastic out of our environment,” Environment Minister Steven Guilbeault said on X.

“That’s what we’ll keep fighting for.”