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

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

Just Posted

PlanCultus was adopted in 2017 as a guiding document for Cultus Lake Park. (Cultus Lake Park Board)
More affordable housing options could be coming to Cultus Lake Park

Online survey opened on June 14 to gauge opinion on plaza redevelopment eyed for Village Centre

The Abbotsford International Airshow is back for 2021 with the ‘SkyDrive’ concept.
Abbotsford International Airshow returns for 2021 with ‘SkyDrive’

New format features a drive-in movie type experience, show set for Aug. 6 to 8

A young couple walks through the Othello Tunnels just outside of Hope. (Jessica Peters/Black Press)
Hope’s Othello Tunnels fully open to the public

Geological testing proved the area safe enough to open for the first time in more than a year

Raeya Evie Duncan was the 100th baby born at Chilliwack General Hospital for the month of May. She is seen here with her parents Alysha Williams and Andrew Duncan on June 12, 2021. (Jenna Hauck/ Chilliwack Progress)
Baby boom in Chilliwack as record number of infants born at CGH in May

‘COVID babies are coming out,’ says dad of 100th baby born at Chilliwack General Hospital last month

Syringes prepared with Pfizer’s COVID-19 vaccine at a vaccination site in Long Beach, Calif., Friday, March 5, 2021. (AP Photo/Jae C. Hong)
Walk-ins welcome at upcoming G.W. Secondary vaccine clinic

Second consecutive Saturday Fraser Health has scheduled a same-day clinic in a Chilliwack school

The border crossing on Highway 11 in Abbotsford heading south (file)
VIDEO: Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

B.C. Premier John Horgan listens as Finance Minister Selina Robinson presents the province’s latest budget, April 20, 2021. The budget projects $19 billion in deficits over three years. (Hansard TV)
B.C. government budget balloons, beyond COVID-19 response

Provincial payroll up 104,000 positions, $10 billion since 2017

Ocean debris is shown on Long Beach in Tofino, B.C. on April, 18, 2012. THE CANADIAN PRESS/Jonathan Hayward
Shoreline cleanup finds COVID-related trash increased during height of the pandemic

Great Canadian Shoreline Cleanup reports litter from single-use food packaging nearly doubled

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Doctor David Vallejo and his fiancee Doctor Mavelin Bonilla hold photos of themselves working, as they kiss at their home in Quito, Ecuador, Wednesday, June 9, 2021. Doctor Vallejo and Doctor Bonilla suspended their wedding in order to tend to COVID-19 patients and in the process Vallejo got sick himself with the disease, ending up in an ICU for several days. (AP Photo/Dolores Ochoa)
Love, sacrifice and surviving COVID-19: one couple’s story

COVID hits Ecuadorian doctors who delayed wedding to treat sick

Cover of the 32-page Surrey First Peoples Guide for Newcomers, created and compiled by Jeska Slater.
New ‘Surrey First Peoples Guide for Newcomers’ seeks to ‘uplift and amplify’ voices

32-page guide launched Tuesday by Surrey Local Immigration Partnership (LIP)

West Coast Duty Free president Gary Holowaychuk stands next to empty shelves inside his store on Tuesday (June 15). (Aaron Hinks photo)
Revenue down 97% at Surrey duty free as owner waits for U.S. border to reopen

Products approaching best before dates had to be donated, others destroyed

St. Joseph's Mission site is located about six kilometres from Williams Lake First Nation. (Photo submitted)
Williams Lake First Nation to search residential school site for unmarked graves

St. Joseph’s Mission Indian Residential School operated from 1886 to 1981

Most Read