Victoria doesn’t have the authority to ban the use of plastic bags, says an advocacy group that has petitioned the B.C. Supreme Court to quash the city’s new bag ban bylaw.
The city does not have the jurisdiction under the Community Charter to prohibit businesses from providing plastic bags to their customers, says the petition filed in court in Vancouver by the Canadian Plastic Bag Association.
Further, “the city has no authority to compel a business to charge consumers a mandatory fee or tax for paper and reusable bags which is ultimately retained by the business,” it says.
“The City of Victoria does not have the jurisdiction under its business licensing powers or otherwise to only permit paper and reusable bags or to compel businesses to charge a fee to its customers for the purpose of promoting ‘sustainable business and consumer habits,’ ” it says.
City councillors gave final reading to the bylaw Jan 11 to take effect July 1. Under the bylaw, businesses would not be permitted to provide customers with single-use plastic bags.
Instead, they must offer paper bags and charge customers a minimum 15 cents, rising to 25 cents on July 1, 2019.
Businesses can also supply reusable bags, which can be made of plastic and sold for a minimum of $1, rising to $2 on July 1, 2019. They will be allowed to provide the paper or reusable bags only if the customer requests it.
Businesses 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.
Mayor Lisa Helps declined comment as the matter is before the courts.
The city’s communications department issued a statement saying the city has received a copy of the court petition and is reviewing it.
“The city’s legal staff are still reviewing it and will be preparing a response in accordance with normal legal process,” said the statement.
None of the statements in the petition have been tested in court.
