Victoria’s bylaw banning single-use plastic bags has been upheld by the B.C. Supreme Court.
“It’s good news for the city from a waste management point of view,” said Mayor Lisa Helps.
“It’s also good news for other cities … waiting for this judgment to understand, that at least according to this judge, cities have the authority to regulate waste through business bylaw.”
The ban comes into effect July 1.
The Canadian Plastic Bag Association challenged the bylaw, arguing the city does not have jurisdiction under the Community Charter to prohibit businesses from providing plastic bags to their customers. The association said the ban amounts to an environmental regulation that needs provincial approval.
Further, it argued the city has no authority to compel a business to charge consumers a mandatory fee or tax for paper and reusable bags.
Justice Nathan Smith disagreed, saying that the court must consider both the purpose and effect of a bylaw.
“The fact that a measure has merely incidental effects on areas within the powers of another level of government does not render the measure ultra vires,” says Smith’s decision.
“I find no evidence of bad faith in this case. Although some members of council may have been motivated by broad environment concerns, council’s attention was properly drawn to ways in which discarded plastic bags impact municipal facilities and services.”
As for the imposition of fees, Smith wrote: “The defining feature of either a municipal tax or a municipal fee must, in the ordinary meaning of those terms, be that the funds collected are at some point remitted to the municipality that imposed the tax or fee. That is not the case here.” The fees will remain with the businesses.
Under the bylaw, businesses are not allowed to provide customers with single-use plastic bags.
Instead, they must offer paper bags and charge customers a minimum of 15 cents. Businesses can also supply reusable bags, which can be made of plastic and sold for a minimum of $1.
Businesses will be allowed to provide paper or reusable bags only if the customer requests it. The fees are set to rise to 25 cents and $2, respectively, on July 1, 2019.
Those handing out plastic bags, or not charging for paper or reusable bags, could be fined. The fines range from $50 to $500 for individuals and from $100 to $10,000 for corporate offenders. Enforcement is not scheduled to begin until 2019.
Helps said the city undertook “three years’ worth of consultation” prior to deciding on the bylaw and has been working to support businesses in the transition.
“There will be some hiccups, but I think it’s going well and there seems to be a growing acceptance in the community that this is the right thing to do,” she said.
The city has estimated Victoria businesses distribute more than 17 million single-use plastic bags a year, of which as many as 798,000 are littered and not collected.
