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

VIDEO: Virtual Abbotsford International Airshow debuts online

2020 edition of the event moves to a virtual format in the wake of COVID-19 pandemic

IHIT on scene of suspicious early-morning fire on rural Mission property

Entrance to Gunn Avenue property cordoned off while investigation takes place, updates coming

SLIDESHOW: Chilliwack firefighters battle large blaze at Rosedale chicken barn Friday

Majority of birds saved but buildings on Castleman Road destroyed by fire

VIDEO: Chilliwack chicken barn destroyed by fire

Chickens saved from blaze as firefighters work to control large fire

QUIZ: Do you know the truth?

In what has been described as a post-truth era, how much do you know about truth and lies?

NHL playoffs: Canucks to meet St. Louis Blues in Round 1

Vancouver takes on defending champs beginning Wednesday

Fraser Valley Bandits fall to Edmonton in CEBL final

Bandits lose 90-73 to Stingers in Sunday’s Summer Series final

Simon Cowell breaks his back falling from electric bike

Incident happened at his home in California

VIDEO: Internet famous Yukon-based bhangra dancer explores Vancouver Island

Gurdeep Pandher spreads joy through dance, forms cross-cultural connections amid pandemic

Unofficial holidays: the weird and wonderful things people celebrate around the world

On any given day of the year, there are several strange, silly or serious holidays to observe

Fraser Valley Bandits advance to CEBL Championship Game

Bandits post comeback 76-75 win over Hamilton Honey Badgers in Saturday’s semifinal

Moving on: Tanev scores 11 seconds into OT as Canucks oust Wild

Vancouver beats Minnesota 5-4 to move into first round of NHL playoffs

Most Read