REQUEST FOR DECISION
DATE: November 19, 2018 Report No. DEV-18-084
TO: Laurie Hurst, Chief Administrative Officer
FROM: Tricia deMacedo, Policy Planner, and
Bill Brown, Director of Development Services
SUBJECT:
Title
Single Use Plastic Bag Reduction, Staff Report DEV-18-084End
RECOMMENDATION:
Recommendation
1. That Council direct staff to prepare a timeline, work plan and budget related to regulating retail checkout bags, using the City of Victoria’s Checkout Bag Regulation Bylaw (Appendix A) as a model for implementation; and
2. That Council direct staff to prepare a public engagement process related to implementation of a bylaw regulating retail checkout bags.
Body
RELEVANT POLICY:
Community Charter
STRATEGIC RELEVANCE:
Ensure processes for business and development are clear and consistent.
BACKGROUND:
The issue of plastic waste, especially single-use plastic items, has become a global environmental concern in the last few decades. A CRD waste audit conducted in 2016 found that overall, 14% of the region’s waste is plastic. Plastic checkout bags are just one example of the unsustainable use of plastic in our everyday lives. An average of 200-300 of these bags are used every year per person in Canada. These bags, although they can be recycled, commonly end up as landfill. They are also a common item found in litter, and pose serious environmental harm if they end up in the marine environment. Many municipalities are responding to public concern about plastic waste, and the impact it has on municipal services, by implementing strategies to curtail the use of plastic checkout bags.
The City of Victoria’s new Checkout Bag Regulation Bylaw (Appendix A) came into force on July 1, 2018. Since July, businesses in Victoria are not permitted to provide plastic checkout bags to customers (exceptions in section 4) and are required to charge for any paper or reusable bags that are given out. During the first 6 months of the Bylaw’s implementation, businesses are allowed to continue giving out bags they had in stock. After January 1, 2019, this is no longer permitted and active enforcement will begin. According to City staff, overall compliance and acceptance of the Bylaw has been extremely high.
The Bylaw was challenged by the Canadian Plastic Bag Association in BC Supreme Court, on the basis that the ban exceeded the City’s authority under the Community Charter. They argued that the ban amounted to an environmental regulation, which would require Provincial approval. The Court ruled in favor of the City and in his judgment, Justice Nathan Smith wrote:
“I find no evidence of bad faith in this case. Although some members of council may have been motivated by broad environment concerns, council’s attention was properly drawn to ways in which discarded plastic bags impact municipal facilities and services.”
The District of Saanich has also taken steps towards introducing a bylaw to regulate plastic checkout bags. In September of this year, their Council endorsed a work plan and timeline for adoption of a bylaw similar to Victoria’s by approximately December 2019 (Staff Report, Appendix B).
Mayor and Council have considered the issue of plastic checkout bags at previous meetings. Concerns that have been raised regarding the introduction of a similar bylaw in the Township have included the impact to businesses and the potential for a court challenge.
At the January 8, 2018 Regular Council Meeting, the following motion was carried:
“Once the City of Victoria evaluates its effectiveness of its proposed Single-Use Checkout Bag Regulation Bylaw, within one year of implementation, the Township may review options to reduce plastic bag use in Esquimalt and further consider drafting a Bylaw to that effect.”
At the August 27, 2018 Regular Council Meeting, which included a presentation by Surfrider, the following motion was also carried:
“That Council direct staff to prepare a Staff Report in collaboration with input received from the Environmental Advisory Committee, pertaining to the consideration of reducing the use of plastic bags in Esquimalt.”
The Environmental Advisory Committee met with representatives from Surfrider and discussed options for plastic checkout bag reduction at its regular meeting on September 17, 2018. The Committee passed the following motions:
“That the Environmental Advisory Committee recommend to Council to direct staff to draft a bylaw to regulate the use of plastic checkout bags in the Township of Esquimalt in combination with engagement of the public, retailers and stakeholders.”
“That the Environmental Advisory Committee recommend to Council to direct staff to develop a public engagement program that includes providing information and consultation.”
The purpose of this report is to recommend that Council direct staff to do the following:
1. Prepare a timeline, work plan and budget related to regulating retail checkout bags, using the City of Victoria’s Checkout Bag Regulation Bylaw (Appendix A) as a model for implementation; and
2. Prepare a public engagement process related to implementation of a bylaw regulating retail checkout bags
ISSUES:
1. Rationale for Selected Option
The options for reducing the number of plastic checkout bags are limited to educational campaigns, checkout bag fees and bag bans. The pros and cons of each of these methods, along with plastic bag bans are compared in Appendix C.
The use of a bylaw in order to reduce the use of plastic checkout bags is the preferred option due to:
• The much greater effectiveness of this option at reducing the number of checkout bags consumed.
• The high level of public support for such a bylaw.
• The desire for consistent rules for business across the CRD.
• The costs associated with conducting a large-scale, on-going public education campaign.
The use of the City’s Bylaw as a model for implementation is appropriate in order to ensure that the public and businesses within the CRD will benefit from a consistent approach to regulation of plastic checkout bags. The City’s Bylaw has already withstood a court challenge from the Canadian Plastic Bag Association and the City has undertaken a very robust engagement exercise with both businesses and the public, both prior to and after implementation of the bylaw.
2. Organizational Implications
If Development Services is tasked with this work plan item, they will need to work closely with staff from Community Safety Services and Corporate Services on issues such as bylaw enforcement, alignment of other bylaws, communications and consultation in order to develop the work plan, timeline and budget. Actual implementation of a bylaw will require considerable staff time from all three departments. This information would be presented in the staff report to follow.
3. Financial Implications
There are no financial implications of the staff recommendation. Should Council choose to pursue development of a bylaw other than the City’s, there will be costs associated with having legal review of the draft bylaw.
The financial implications of implementing a plastic checkout bag bylaw are unknown at this time and would form a significant part of the staff report to follow. According to experience from the City of Victoria, staff time for public engagement and communications is the most significant expense (bylaw enforcement has not yet begun). Therefore, direction to staff regarding the amount and type of engagement for implementation of the bylaw is crucial to development of a robust budget.
4. Sustainability & Environmental Implications
There are no sustainability or environmental implications of the recommendations. However, implementation of a ban in the Township will significantly reduce the use of plastic checkout bags and therefore contribute to a reduction in solid waste, as long as regulations for the alternative bag choices are also imposed.
5. Communication & Engagement
If Council wishes to ban the use of plastic bags, communications, education and engagement will be an essential component of the strategy. A proposed education strategy will form part of the staff report to follow, should staff’s recommendation be approved.
ALTERNATIVES:
1. (1) That Council direct staff to prepare a timeline, work plan and budget related to regulating retail checkout bags, using the City of Victoria’s Checkout Bag Regulation Bylaw (Appendix A) as a model for implementation; and
(2) That Council direct staff to prepare a public engagement process related to implementation of a bylaw regulating retail checkout bags
2. That Council consider the use of either public education, voluntary checkout bag fees, mandatory checkout bag fees or a combination of these approaches for a reduction in plastic bag use in the Township.
3. That Council provide alternative direction to staff.