Top B.C. Court Rejects Proposed Ban on Plastic Bags by City of Victoria

SEATTLE (Scrap Monster): The B.C. court of appeal has overturned City of Victoria’s proposal to ban single-use plastic bags. The court ruling stated that the ban requires provincial approval before it can be implemented. The appeal was filed by the Canadian Plastic Bag Association.

In her ruling, Madam Justice Newbury noted that main purpose of the city’s bylaw was to protect the environment, rather than regulate businesses. It observed that the bylaw requires approval from the Ministry of Environment and Climate Strategy. The three-judge panel, in its unanimous ruling, said that the bylaw will not be valid without provincial approval. However, it concluded that the city’s intentions in passing the bylaw were reasonable.

The Ministry of the Environment said that Victoria has not yet made any request and that it will assess all aspects of the court decision. However, City officials claimed that an approval from the Minister was not sought because it believes that the matter is clearly within the jurisdiction of local governments.

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Meantime, Lisa Helps, Mayor, City of Victoria, in a news release, vowed that the City will find alternate ways to eliminate plastic bags. The city will review the decision by considering all possible options. The court hasn’t questioned the soundness of the bylaw, but it has made certain remarks with respect to the process required for its adoption, Mayor noted.

As per the bylaw, grocery stores in the city would be prohibited from selling single-use plastic bags to customers. Instead, they are allowed to give away paper bags by charging at least 15 cents and reusable bags for a dollar.