Appeal Court strikes down Victoria's plastic bag ban

Plastic bag

Victoria's Plastic bag Regulation bylaw has been struck down by the Court of Appeal.

The bylaw, which has been in effect since July 1, 2018, banned the use of single-use plastic checkout bags and set a minimum price on paper and reusable checkout bags.

In their reasons for judgment, the Court  found  the bylaw's dominant purpose was to protect the natural environment rather than business regulation.

Because of that provincial approval for the bylaw was required.  Since the City did not get such approval, the bylaw is not valid.

Mayor Lisa Helps promises to review the decision and consider all options.  She maintains the Court decision doesn't undermine the soundness of the bylaw itself, it only deals with the process required for its adoption.

In a news release, Victolria city hall says since the bylaw's introduction more than 17 million plastic bags have been eliminated from the community, village centres, parks and beaches - bags that otherwise would end up as litter or choke the landfill for hundreds of years.

Helps says there is no turning back as the continued use of single-use plastic checkout bags is an unsustainable practice, and she encourages businesses and shoppers to stay-the-course on reusable checkout bags.

Besides Victoria, hundreds of B.C., Canadian and international jurisdictions are already introducing programs and regulations to eliminate single-use plastic bags.



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