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Victoria’s plastic bag bylaw upheld by B.C. Supreme Court

Posted in Canada Provinces

Published on June 24, 2018 with No Comments

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.

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. The ban comes into effect July 1.

The Canadian Plastic Bag Association had 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,” Judge Nathan Smith mentioned in the decision.

 

 

 

 

 

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