POLICY & REGULATION

 

Single-Use Plastics Ban Remains In Effect: Updated September 2024

For the moment the Canadian Federal Single-Use Plastics Ban remains in effect, restricting the import and manufacture of certain single-use plastic products for sale and distribution in Canada.

In 2023 the ban focused on restricting the import and manufacture of some of the most ubiquitous single-use items used in retail and food service, including plastic shopping bags, cutlery, food serviceware, stir sticks, and straws.

The Federal Court ruled in November, 2023 to overturn the single-use plastic ban, on the grounds that it was unreasonable and unconstitutional to add plastic manufactured items to the list of toxic substances in Schedule 1 of the Canadian Environmental Protection Act (CEPA, 1999). The federal government has appealed this decision, and during the appeal process the regulation of the single-use plastics named in the ban remains in effect

The outcome of the federal government’s appeal is expected to be announced towards the end of this year. For more information about the ban and the items covered by it, please refer to our blog.

 

What single-use plastic items are banned across Canada? 

The federal single-use plastic ban targets these items:

• Shopping bags;
• Cutlery;
• Stir sticks;
• Straight straws;
• Cup ring carriers;
• Foodservice ware containers: hinged clamshell containers, lidded containers, boxes, cups, plates, and bowls.

    Some notable exceptions and definitions in the federal single-use plastic ban include:

    • Reusable plastic checkout bags: usable up to 100 times when carrying up to 10kg over 53 metres;
    • Reusable plastic cutlery: able to be washed at least 100 times in a normal dishwasher without noticeable change;
    • Flexible plastic straws: sold in packs of at least 20 upon a customer’s request.

      In order to ensure accessibility for those who need a straw in order to drink, flexible plastic straws are not banned and can be distributed in the following situations:

      • Packs of 20 or more flexible straws may be sold to customers;
      • Businesses can sell quantities over 20 straws to other businesses;
      • Individuals in family settings may give flexible straws to others;
      • Care institutions may provide flexible straws to patients or residents.

       

      Flexible plastic straws are still subject to restrictions:

       

      • Straws cannot be displayed opening where a customer can look at or touch packaging without aid from an employee;
      • A recipient must ask for the straws before they can be provided.

       

      Some provinces and municipalities have their own restrictions in addition to those outlined in the federal single-use plastic ban. British Columbia and the City of Montreal have more restrictive bans on single use items, which can be referenced below. 
      Government of Canada. 2023. Single-use plastics prohibition regulations - Overview.
      Justice Laws. 2022. Single-use plastics prohibition regulations.
      Retail Council of Canada. 2024. Federal plastic ban appeal advances.

      For more information about the ban and the items covered by it, please refer to our blog.

       

      Are compostable plastic items banned in Canada?

      No, compostable plastic items are not banned in Canada. All the products available on our webstore can be used in Canada and comply with the Federal Single-Use Plastics Ban.

      Most plastic products that can no longer be used under the Federal Ban can be replaced with compostable plastic alternatives. However, some regional regulations restrict the use of compostable plastics, including Montreal's Single-Use Plastics by-law and British Columbia's regulation on the prevention of plastic waste and single-use items.

      Compostable plastic utensils are still allowed to be imported, manufactured, and sold as long as they are dishwasher safe and can still be used after 100 cycles. Follow these links to find compostable plastic cutlery, stir sticks, compostable plastic straws, carrier rings, and foodservice ware containers that are allowed as solutions to banned single-use items.

       

      BC’s single use plastics ban includes compostable bioplastics

      British Columbia’s Single-Use and Plastic Waste Prevention Regulation is phasing out plastic items and food service accessories intended for single-use, alongside the Federal Single-Use Plastics Ban. 

      Since December 2023, plastic utensils and straws have been prohibited. Other single use ‘food service accessories’ may only be available upon a customer’s request and include:

      • Utensils, of any material;
      • Straws, of any material;
      • Cup lids and sleeves;
      • Napkins;
      • Condiment packets. 

       

      What single-use plastic items are banned in B.C.?

      As of July 2024, the ban has extended to all ‘hard to recycle’ plastics. This includes compostable plastics and means food and beverages may not be sold in single use PLA packaging and PLA shopping bags may no longer be used. 

      Even though compostable plastics are permitted under the Federal single-use plastic bans, it has been stated that they will be banned in B.C. until provincial infrastructure develops to the point where the materials are easily and reliably composted or recycled.


      What exceptions are there for the B.C. Single Use Plastic Items Ban?

      There are a few specific exceptions to the single use plastics ban: 

      • Cup lids;
      • Paper and plant-fibre products with a compostable plastic lining (cups, takeaway containers, etc.);
      Compostable plastic film wrap;
      Compostable plastic liners for compost bins;
      • Packaging used for food and drinks sold/distributed outside B.C. 

       

      Some municipalities have their own policies and regulations regarding these exceptions, particularly concerning the use of compostable plastic bin liners.

      Government of British Columbia. 2024. Single-use and plastic waste prevention regulation.
      Ministry of Environment and Climate Change Strategy. 2024. Compostable plastics

       

      Montreal’s single-use plastic ban also includes compostable bioplastics

      Montreal’s single-use plastic ban is a by-law that prohibits the distribution of single-use plastics by food service businesses that sell directly to consumers, whether for on-site consumption, takeaway, or delivery. The ban includes compostable plastics like PLA, and applies to the following items:

      • Plastic shopping bags;
      • Cups and glasses;
      • Containers;
      • Plates and bowls;
      • Lids;
      • Trays (except those used for raw meat and fish);
      • Utensils;
      • Stir sticks; 
      • Straws.

       

      Shopping bags which are exempt from the regulation include:

      • Bags for transporting food to the checkout counter of a business;
      • Reusable shopping bags; 
      • Recyclable paper shopping bags.

       

      Montreal’s single-use plastic ban does not apply to establishments that do not sell directly to consumers on-site. While the federal single-use plastic ban still applies, the following are not affected by the additional restrictions of Montreal’s single-use ban: 

      • Non-profit food aid organisations;
      • Establishments only offering home delivery services;
      • Pre-packaged foods outside the establishment;
      • Plastic coated cardboard cups, glasses, and containers.

       

      Our compostable products accepted for use and sale in Montreal can be found here.


      Why are some compostable plastic items not allowed in Montreal?

      The food-waste treatment facilities built over the last decade for the City of Montreal and other jurisdictions were not designed to accept compostable plastics. This has created a ‘where facilities exist’ kind of problem for these jurisdictions, which is a main driving force behind the restrictions imposed on compostable plastic products in Montreal.

      Montréal. 2022. Plastic bags: What you need to know about legislation.
      Montréal. 2023. Single-use plastic: What you need to know about legislation.

       

      How to compost PLA products through our EPR Program!

      Compostable.ca is developing its network of collection and processing partners across the country in order to offer an Extended Producer Responsibility (EPR) type of program, ensuring that every compostable item we sell can indeed get composted no matter where you are in Canada. 

      The goal of this network is to facilitate the collection of PLA and other bioplastic products in Montreal, Toronto, and other urban centres that do not properly process compostables. 

      As of Spring 2024, we can confirm that Compost Montreal and our composting partners in Toronto accept and properly compost all products offered through Compostable.ca. To learn more about these composting options, please submit a contact form on our site, and we’ll be glad to provide you more details. 

      We’ll provide regular updates on participating EPR partners and service areas as our program continues to develop across the country. For questions or comments please get in touch!

       

      ENVIRONMENTAL IMPACTS

       

      Why choose compostable?

       

      • Compostable products play a crucial role in reducing methane emissions. 

      Methane is an especially potent greenhouse gas and is produced when organic matter decomposes without oxygen in landfills. 
      Composting organic waste under aerobic conditions where plenty of oxygen is present can significantly reduce methane production. Studies estimate that composting food scraps can result in 38% to 84% fewer greenhouse gas emissions compared to landfilling. 
      Compostable packaging plays an important role in getting food waste and residue into the compost. Studies have shown when venues shift from using non compostable disposables to compostable food service ware, the recovery of food scraps increases enormously, in some cases by over 70%.

       

      Compostable products help reduce contamination in the recycling stream.

      Conventional recyclable packaging that comes into contact with food often ends up in the landfill because the food residue contaminates the recycling process. 

       

      On the other hand, compostable packaging with food residue is composted along with the organic waste. This improves the results of recycling efforts, increases the capture of organic waste, and reduces landfill waste.

       

      • Compostable products reduce carbon emissions.

      The plant material used in compostable products is rich in stored carbon, and this CO2 remains locked in the final compostable product. When the product gets composted the carbon is transferred back to the soil and stored again, where it can improve soil health and support plant productivity.

      For a full exploration of these issues, please have a look at our blog on the subject.

      Graham, M. 2023. A simple way to prevent heaps of methane pollution: Composting. Grist.
      Goldstein, N. 2016. Compostable products and postconsumer food scraps. BioCycle.
      Pérez, T., et al. 2023. Assessing the climate change mitigation potential from food waste composting. Nature.

       

      "I heard compostable products don’t return any nutrition to the soil"

      Not only does the use of compostable products reduce the emission of greenhouse gases, it also directly contributes to soil health through two primary means:

      • Returning the CO2 that is stored in the packaging to the soil. 

      This increases the soil’s organic carbon, which is highly beneficial to plant growth. 

      • Capturing more nitrogen that would otherwise create methane. 

      Studies show that using compostables allows more food waste to be captured, which allows a greater amount of nitrogen-rich compost to be returned to the soil.
      Regular application of finished compost increases the soil’s health and ability to grow nutritious food. Compost strengthens soil ecosystems by improving soil density and pH balance, increasing water and nutrient retention, reducing erosion, and making nutrients easily accessible to plants. 
      Field studies, including those conducted by the Compost Manufacturing Alliance (CMA), show that compost piles with high proportions of compostable packaging produce high quality compost with nutrient ratios and moisture levels similar to piles only containing yard trimmings. 

      Greater plant growth means greater circularization of carbon. The greater nutrition offered to the soil through the use of compostables not only prevents greenhouse gas emissions, it also increases the capacity of plants to pull ever-greater amounts of carbon from the atmosphere.
      Goldstein, N. 2016. Compostable products and postconsumer food scraps. BioCycle.
      Yepsen, R. 2018. Value of compostable packaging. BioCycle.
      US Composting Council. Compost - Promotes healthier plant growth.