The City of Victoria’s efforts to ban plastic bags were squashed by a Supreme Court ruling Thursday morning. (Black Press Media file photo)

Victoria’s plastic-bag ban ended by Supreme Court of Canada

City’s leave to appeal lower court’s decision denied

Plastic bags won’t be banned in the City of Victoria any time soon.

The Supreme Court of Canada has dismissed the City’s application for a leave to appeal the decision that halted efforts for a plastic bag ban.

In September 2019, the City filed the leave to appeal the B.C. Court of Appeal’s decision to quash the plastic bag bylaw. Lobbyist group the Canadian Plastic Bag Association (CPBA) began pushing back in January 2018, and argued at the time that the bylaw’s main goal was to target environmental issues, a provincial jurisdiction, and that the municipality had stepped out of line passing it as an economic strategy. The BC Court of Appeals agreed, meaning that the city’s bylaw was dissolved until it got provincial approval.

If it the appeal been granted, the City would have been able to schedule a hearing to appeal the fall decision.

“I’m disappointed but not surprised,” said Victoria Mayor Lisa Helps. “The Supreme Court only takes on 10 per cent of cases.”

With the leave for appeal dismissed, the lower court’s decision stands. As is customary for a leave to appeal decision, the Supreme Court does not issue any reasons for its decision.

READ ALSO: Victoria businesses remain plastic-bag free, despite court ruling

Helps said that regardless of the legals standing, the now-defunct Checkout Bag Regulation Bylaw, which regulated the issuance and sale of single-use plastic bags in the city starting July 1, 2018, has “eliminated more than 17 million plastic bags from reaching the landfill.”

“That achievement is too great for us to turn our backs on. And our recent scans tell us that our community continues to avoid plastic bags despite these setbacks,” Helps said. “Moving forward, we’re going to continue to look for every opportunity to reduce plastic waste, which includes working with our provincial and national governments to develop high and shared standards.”

Helps said the City is confident it will see bold leadership from the Province of B.C. in their Plastics Action Plan.

READ ALSO: City to look at options after BC Court of Appeal sides with plastic bag industry

After the municipal bylaw came into effect on July 1, 2018, businesses were instructed to instead offer paper or reusable bags for purchase, or else they would face heavy fines.

In response to the Supreme Court decision, the CPBA said in a statement that it welcomes the decision to “respect limits” placed on B.C. municipalities’ authority when addressing environmental issues.

The association said the City’s Bylaw could have “unintended and harmful effects” and claimed research “available to the City has shown that plastic bags typically outperform paper bags.”

The CPBA also said in many ways, plastic bags are “the best packaging option given they can be recycled and are “less carbon intensive.” The association said it will work with the province to address packaging and recycling issues.

Helps said the municipality will now submit a revised version of the bylaw to the province for approval, with an intention of doing so in the next few weeks.

With files from Kendra Crighton, Nicole Crescenzi.

City of VictoriaPlastic Bag BanPlastic Bags

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

Just Posted

Julia Strobach. File Photo
Nearing seventh anniversary, Valley RCMP continue search for Julia Strobach

“We know that someone has information that will help us locate her.”

Comox author Loraine Hartley, with a few copies of her debut novel, “My Delightfully Dysfunctional Family.” Photo supplied
Comox author pens novel about life in a blended family

Generally speaking, authors write their books, then determine a title. But not… Continue reading

Police reported more than 2.2 million Criminal Code incidents (excluding traffic offences) in 2019 within Canada- 164,784 more than in 2018. THE CANADIAN PRESS/Graeme Roy
Crime Severity Index on the rise with the Valley, Canada: StatsCan

There were 1,450 actual incidents in the Comox Valley in 2019

Joyce Jay enjoys a moment with Georgia, her son Ed’s dog, at her Comox home. Joyce is 103 years old. Scott Stanfield photo
Comox centenarian recalls wartime Britain, moving to Canada

Joyce Jay isn’t one to shy away from adventure. She wanted to… Continue reading

The distance education program through Navigate (NIDES) has been seen some large gains in enrolment. Image, screenshot
Comox Valley school enrolment up despite fewer kids in class

Growth being driven heavily by increase in distance education numbers

Physical distancing signs are a common sight in B.C. stores and businesses. THE CANADIAN PRESS
272 more COVID-19 cases for B.C., outbreak at oil sands project

Three new health care outbreaks, three declared over

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

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

This house at 414 Royal Ave. became notorious for its residents’ and visitors’ penchant for attracting police. It was also the site of a gruesome torture in August 2018. It was demolished in 2019. KTW
6-year sentence for Kamloops man who helped carve ‘rat’ into flesh of fellow gang member

Ricky Dennis was one of three men involved in the August 2018 attack

Cpl. Nathan Berze, media officer for the Mission RCMP, giving an update on the investigation at 11:30 a.m., Oct. 30. Patrick Penner photo.
VIDEO: Prisoner convicted of first-degree murder still at large from Mission Institution

When 10 p.m. count was conducted, staff discovered Roderick Muchikekwanape had disappeared

Among the pumpkin carvings created this year by Rick Chong of Abbotsford is this tribute to fallen officer Cont. Allan Young.
Abbotsford pumpkin carver’s creations include fallen police officer

Rick Chong carves and displays 30 pumpkins every year

An online fundraising campaign in support of the six-year-old boy, Edgar Colby, who was hit by a car on Range Road Oct. 25 has raised more than $62,000 in a day. (Submitted)
$62K raised in 1 day for boy in coma at BC Children’s after being hit by vehicle in Yukon

The boy’s aunt says the family is “very grateful” for the support they’ve received from the community

It’s volleyball season at schools in the Comox Valley, in a cohorted environment. Tournament play or matches between schools are not happening during COVID. File photo
Comox Valley Schools re-opens sports at practice level

Comox Valley Schools has re-opened sports at a practice level, but as… Continue reading

Police service dog Herc helped RCMP locate and arrest suspects in the Ladysmith area on Oct. 23, 2020, related to a stolen vehicle. (Submitted)
RCMP nab prolific property offender in Ladysmith with assist from police dog Herc

Police attempted to stop the vehicle but it fled from the area towards Chemainus.

Most Read