The plastic bag bylaw was deemed invalid by the B.C. Court of Appeal. (File Photo)

B.C. Court of Appeal deems Victoria plastic bag ban bylaw invalid

Appeal Court Justice sides with plastic bag industry

The B.C. Court of Appeal has ruled in favour of the Canadian Plastic Bag Association (CPBA) in regards to the City of Victoria’s plastic bag ban, finding the bylaw invalid.

The municipal bylaw came into effect on July 1, 2018, regulating the issuance and sale of single-use plastic bags. Businesses were instructed to instead offer paper or reusable bags for purchase, or else face heavy fines.

The CPBA challenged the bylaw in a petition for judicial review in January 2018, and in May 2018, the B.C. Supreme Court ruled in favour of the City.

ALSO READ: Plastic Bag Association takes the City of Victoria to court once again

However, a new B.C. Court of Appeal decision found that the City’s definition of the bylaw’s purpose was not consistent with its after-effects.

The City said that the main purpose of the bylaw was to regulate businesses, something which is in a municipality’s jurisdiction. However, the court found that the dominant, underlying purpose of the bylaw was to protect the natural environment, which falls under the jurisdiction of the provincial government.

The court came to this conclusion after citing that much of the bylaw’s influences came from the work of the environmental organization, the Surfrider Foundation.

Therefore, in order for this bylaw to have come into effect the City needed to seek approval from the Ministry of the Environment, which it did not, making the bylaw invalid as of immediately.

ALSO READ: Esquimalt requests public feedback as it plans for plastic bag ban

“While the City’s intentions in passing the bylaw were no doubt reasonable, we must give effect to the clear instructions of s. 9(3) [of the Community Charter] requiring the minister’s approval,” wrote Court Madam Justice Newbury in her decision.

Council must now reconvene to make decisions about its next steps.

Deborah Curran, executive director of the Environmental Law Centre at the University of Victoria, said there are several available options.

“It’s not that the City of Victoria is shut out from regulating single-use plastic bags,” Curran said. “They can retool the bylaw to make it look more like a business regulation, they can go to the minister for approval and they could also talk with the province about getting the direct authority — allowing them to have the jurisdiction to put the bylaw into effect.”

Victoria Mayor Lisa Helps said she was disappointed about the turn in the decision.

ALSO READ: Canada to ban single-use plastics in 2021

“This was not the decision we were hoping for but we fundamentally believe that the City does have the ability to regulate businesses and their sustainable practices, so we’ll be reviewing the decision and looking at all of our options,” Helps said. “We don’t need rules to have good behaviour. My hope is that the community will continue the path that we’ve worked and walked together since the bylaw came into effect.”

Other municipalities which have adopted similar bylaws, such as Ucluelet and Tofino, will not be affected by this decision.

In early June, the federal Liberal government announced aims to ban single-use plastic items including bags, straws, cotton swabs and cutlery as early as 2021. However, Helps said that the City is not likely to wait for federal legislation to come into effect.

“That would be a bit of long wait, and as we all know there’s a federal election coming this fall,” Helps said. “My hope is what has become business as usual in Victoria will continue while we sort out the next steps. “

nicole.crescenzi@vicnews.com


Send a Tweet: @NicoleCrescenzi

Like us on Facebook  

City of VictoriaPlastic Bag Ban

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Single-engine aircraft crashes near Telkwa

Two occupants of the plane sustained minor injuries and were transported to hospital

Cullen announces bid for provincial NDP nomination for Stikine riding

Current MLA Donaldson not seeking re-election

Anne Marie Sam seeks NDP nomination for Nechako Lakes riding

She also ran in 2017 but was defeated by BC Liberal John Rustad

Reserve a gym spot online with the Houston Leisure Facility

The online system is another step to make things easy during the pandemic

Bulk water, sewage project gets council’s approval

Facility to service large-scale users

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

Supreme Court Justice Ruth Bader Ginsburg dies at 87

The court’s second female justice, died Friday at her home in Washington

Emaciated grizzly found dead on central B.C. coast as low salmon count sparks concern

Grizzly was found on Gwa’sala-‘Nakwaxda’xw territory in Smith Inlet, 60K north of Port Hardy

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

CHARTS: Beyond Metro Vancouver, COVID-19 cases in B.C. haven’t increased much recently

COVID-19 case counts outside of Metro Vancouver have been level since July

70-year-old punched in the head in dispute over disability parking space in Nanaimo

Senior’s turban knocked off in incident at mall parking lot

Thousands of child care spaces coming to 35 B.C. communities

Province announces milestone in Childcare BC plan

Most Read