Multi Material BC opponents prepare for court fight

Businesses aim to thwart new recycling agency with legal action if province won't freeze rollout

Kelvin McCulloch

Kelvin McCulloch

Business opponents of Multi Material BC are planning a court challenge to reverse the takeover of B.C.’s curbside recycling system by the stewardship agency.

They continue to urge the provincial government to freeze the new MMBC system before it takes effect May 19, but are also laying the groundwork for a legal battle.

Kelvin McCulloch, CEO of the Buckerfield’s chain of farm supply stores, is urging other businesses to sign and submit their MMBC contract but then give notice to the government that they won’t pay fees or otherwise cooperate with the new system to collect packaging and printed paper.

McCulloch intends to gather opt-out letters from numerous businesses across B.C. and deliver them to the province.

If the MMBC rollout continues, he said, they will argue in court  that the MMBC contracts were invalid and they were coerced to join the government-created recycling monopoly.

“We’re fairly confident at this point it will be struck down,” McCulloch said. “No company in their right mind would sign that contract of their own free will.”

The province contends MMBC is voluntary and various industries could instead form their own separate waste-collecting organization.

That option is not practical or reasonable, McCulloch said.

“The suggestion that we are able to launch or own stewardship program independent of MMBC is a sham.”

The MMBC program aims to transfer recycling costs from municipal taxpayers to the producers who generate packaging and printed paper, while collecting more containers and material types than before.

But many businesses argue they’re unfairly compelled to pay far higher fees than a similar system run in Ontario.

Critics say MMBC’s three-member interim board is controlled by executives with multinational firms like Unilever and Proctor and Gamble who have manipulated the launch of the new program to their benefit rather than the interests of most B.C. businesses.

Questioned by the NDP last week, Environment Minister Mary Polak said she expects a more representative 15-member permanent board to be named soon after MMBC’s launch.

Polak said it’s logical the biggest industries that pay the most into MMBC get a large role.

A new advisory council was also recently unveiled by MMBC with reps from several B.C. business groups, but critics say it has no real power.

Pausing the program and the payment of fees by member businesses would cut off the money MMBC will send to most local cities that agreed to continue curbside pickup.

“Any delay in implementation for those communities would mean a loss of that savings,” Polak said, adding many municipalities have already budgeted to receive promised MMBC payments.

She said examples of those amounts are $1.5 million a year coming to Richmond and $917,000 to Nanaimo.

Mike Klassen, B.C. director of the Canadian Federation of Independent Business, said he’s not aware of any cities reducing their property taxes as a result of the expected MMBC savings.

“That’s one of the things that’s been most misleading – the idea that this was going to save money for the general taxpayer,” he said.

Klassen argues consumers will pay twice – their local taxes won’t go down but they’ll also pay higher retail prices as businesses pass along the MMBC charges.

He said most mayors and councils are being cautious and aren’t spending MMBC savings until they actually arrive – meaning there’s still opportunity to freeze the rollout.

“That suggests to me they’re also very wary of the program and have a fallback program in case things don’t work,” Klassen said.

“The world doesn’t all of a sudden turn upside down if we pause this program and take some time to reflect on how to do this well.”

Small businesses with single storefronts have been exempted by the province from MMBC’s requirements.

But Klassen said franchisees don’t qualify, leaving hundreds of small businesses like meat shops and Subway sandwich outlets facing hefty costs.

New Westminster picked for container plant

A new container recycling plant will be built in New Westminster to handle some of the packaging that will be collected under the new MMBC system.

Green By Nature, a consortium picked by MMBC to process and market recyclables, said the $15-million facility will be completed in early 2015, providing more efficient sorting of plastics.

MMBC managing director Allen Langdon said the state-of-the-art recycling facility will position B.C. as an industry leader.

It will bring 70 new jobs to New Westminster.

Just Posted

Migrating sockeye in the Fraser River August 7, 2007. (Fisheries and Oceans Canada)
First Nations, commercial, and recreational harvesters join forces to save Fraser River fish

‘We have to work together to rebuild these stocks while there is still time,’ says delegate

web
Father’s Day Parade planned for Mission

Classic vehicles from the 1920s to the 1970s will drive through Mission, Hatzic on June 20

Vancouver courthouse. (Photo: Tom Zytaruk)
Man loses bid to appeal conviction for 1999 rape at Abbotsford music festival

James Redden, 53, formerly of Nanaimo, was found guilty in 2019 following six-day trial

.
Fraser Health monitors long-term care vaccination rates amid local COVID-19 outbreak

COVID-19 transmission has largely been on the decline in Agassiz-Harrison

FVRD surveyed public opinion on cannabis production and processing in the electoral areas. Odour and distance from residential areas were the top concerns. (Black Press file)
Cannabis production and processing rules being drafted by Fraser Valley Regional District

Data from public opinion survey will be used to guide cannabis-related land use

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

The border crossing on Highway 11 in Abbotsford heading south (file)
Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

The B.C. government’s vaccine booking website is busy processing second-dose appointments, with more than 76 per cent of adults having received a first dose. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 infections, hospitalizations stable for Tuesday

108 new confirmed cases, 139 in hospital, 39 in intensive care

A worker, at left, tends to a customer at a cosmetics shop amid the COVID-19 pandemic Thursday, May 20, 2021, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
Half of cosmetics sold in Canada, U.S. contain toxic chemicals: study

Researchers tested more than 230 commonly used cosmetics and found that 56% of foundations and eye products, 48% of lip products and 47% of mascaras contained high levels of fluorine

White Rock’s Marine Drive has been converted to one-way traffic to allow more patio space for waterfront restaurants. (Peace Arch News)
Province promotes permanent pub patios in B.C. post-pandemic plan

More than 2,000 temporary expansions from COVID-19 rules

Lake City Secondary School Williams Lake campus students Ethan Reid, from left, Brenden Higgins, Ty Oviatt, Kaleb Alphonse, Nathan Kendrick and Landon Brink with RCMP officers Const. Nicoll and Const. Stancec. (Photo submitted)
RCMP thank 6 teens for helping prevent forest fire in Williams Lake

The students came across fire in a wooded area and used the water they had to try and extinguish the flames

There is an emergency shelter near the Golden Ears peaks. (Facebook/Special to The News)
Hiker fogged in on Golden Ears, spends 2 nights

Talon Helicopters, Ridge Meadows Search and Rescue bring him home Monday

Most Read