REQUEST FOR DECISION
DATE: September 15, 2020 Report No. EAC-20-005
TO: Environmental Advisory Committee
FROM: Tricia deMacedo, Policy Planner and EAC Staff Liaison
SUBJECT:
Title
Esquimalt Checkout Bag Regulation and Provincial Approval
End
RELEVANT POLICY:
Community Charter
STRATEGIC RELEVANCE:
Work with Esquimalt community groups to advance economic, cultural , social and environmental opportunities - Implement Checkout Bag Regulation Bylaw subject to Provincial direction.
BACKGROUND:
In July 2019, Esquimalt Council gave third reading to the Checkout Bag Regulation Bylaw No. 2953 (see attached) which would prohibit the use of plastic checkout bags in the municipality. Council also approved an engagement plan for working with businesses to ensure that adequate notice was given to customers and direction given to staff who would have to implement the ban.
One week later, and prior to final adoption of the bylaw, a similar bylaw by the City of Victoria was struck down. Following a challenge from the Canadian Plastic Bag Association the B.C. Court of Appeal ruled Victoria had exceeded its powers because its bylaw was essentially an environmental regulation, within provincial jurisdiction and thus requiring provincial approval. The Supreme Court of Canada declined to hear Victoria's appeal.
The provincial government has recently announced (see news release attached) that they have approved the City's bylaw, along with those submitted for provincial approval from Saanich, Richmond, Ucluelet and Tofino. They also are drafting a new regulation under the Community Charter that would allow municipalities to ban single use plastics without requiring provincial approval. There is no date set for when this regulation would take effect.
In order to obtain provincial approval for the Township's checkout bag bylaw, staff would need to amend the bylaw with the new dates for implementation and a line for the date of provincial approval. Alternatively, staff...
Click here for full text