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

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

Just Posted

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2021. THE CANADIAN PRESS/Darryl Dyck
57 new cases of COVID-19 in Interior Health region

Thirty people in the region are in hospital, 16 of whom are in intensive care

Bears are coming out of hibernation with the warm days of spring. (Pixabay)
WildSafeBC: How to avoid bear encounters

Bears can now be seen out on the trails after waking up from hibernation

Rossland City Council issued a press release critical of Mayor Kathy Moore's travel to the U.S.
Rossland council addresses issue of mayor’s travel to U.S.

Prior to her trip, some councillors and staff expressed deep concerns about her plans

Teck has reported three separate incidents of ammonia leaks at Trail fertilizer ops this year. Photo: Trail Times
Teck Trail reports third ammonia leak this year

The company closed Bingay Road temporarily as a precaution

Photo: File
Fruitvale councillor responds to online criticism

“The bullying has to stop. People want to be heard, everybody wants to be heard” - Lindsay Kenny

Protesters attempt to stop clear-cutting of old-growth trees in Fairy Creek near Port Renfrew. (Will O���Connell photo)
VIDEO: Workers, activists clash at site of Vancouver Island logging operation

Forest license holders asking for independent investigation into incident

A black bear made a visit to downtown Vancouver Tuesday, May 4. The animal was spotted on train tracks in Gastown shortly after at 2:30 p.m. (Twitter/Craig Minielly)
VIDEO: Black bear spotted meandering around downtown Vancouver

The bear was reportedly tranquilized by conservation officers Tuesday afternoon

Flow Academy is located at 1511 Sutherland Avenue in Kelowna. (Michael Rodriguez/Capital News)
Interior Health locks out Kelowna martial arts gym following COVID violations

Actions were taken after all other steps to gain compliance were exhausted, says health authority

A man who allegedly spat at and yelled racial slurs at an Asian family was arrested for hate-motivated assault Tuesday. (Black Press Media file photo)
Arrest made after man spits, yells anti-Asian racial slurs at Victoria mom and kids

The man was arrested for hate-motivated assault near Quadra Elementary School Tuesday

A lady wears a vaccinated sticker after receiving a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
Canada may find it challenging to reach herd immunity from COVID-19, experts say

Level of immunity among the population changes with the variants, especially the more transmissible strains

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

B.C.’s provincial health officer, Dr. Bonnie Henry. THE CANADIAN PRESS/Jonathan Hayward
Dip in COVID-19 cases with 572 newly announced in B.C.

No new deaths have been reported but hospitalized patients are up to 481, with 161 being treated in intensive care

Solar panels on a parking garage at the University of B.C. will be used to separate water into oxygen and hydrogen, the latter captured to supply a vehicle filling station. (UBC video)
UBC parkade project to use solar energy for hydrogen vehicles

Demonstration project gets $5.6M in low-carbon fuel credits

Most Read