The Government of Saskatchewan along with the Government of Alberta, is appearing virtually today before the Federal Court of Canada asking for a judicial review of the federal government’s decision to label single-use plastics “toxic substances” under the Canadian Environmental Protection Act, 1999.

The Justice Minister and Attorney general says her government believes the federal government cannot declare plastics to be under its environmental jurisdiction. Bronwyn Eyre said, “Under the constitutional division of powers, it is well-established that provinces have exclusive jurisdiction to regulate specific industries. Establishing a competing federal regulatory framework in this area will simply create duplication, confusion, and economic harm.”

Saskatchewan is arguing that federal jurisdiction over environmental protection is limited to established toxic substances, such as lead, arsenic, mercury, and dangerous industrial chemicals. The province will also argue that the federal government declaration that all “plastic manufactured items” qualify as “toxic” is not supported under federal criminal law powers.

The ban on the manufacture and import of the single-use plastics specified came into effect in December 2022 and the sale of these items will be prohibited as of this December.  The ban affects checkout bags, straws, stir sticks and cutlery.

The Saskatchewan government says under federal legislation, provinces are entitled to participate and make arguments on constitutional questions without having to apply for leave to intervene.