REQUEST FOR DECISION
DATE: October 1, 2020 Report No. DEV-20-067
TO: Laurie Hurst, Chief Administrative Officer
FROM: Tricia deMacedo, Policy Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Checkout Bag Regulation
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RECOMMENDATION:
Recommendation
That Council resolves to rescind third reading of Checkout Bag Regulation Bylaw, 2019, No. 2953, attached as Appendix B to Staff Report DEV-20-067; amend and read anew a third time; and further,
That Council authorize the Corporate Officer to submit the bylaw as amended, to the Minister of the Environment for Provincial approval prior to returning the bylaw to Council for consideration of adoption.
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RELEVANT POLICY:
Community Charter
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community - Develop and implement strategies that reduce impact on the environment consistent with our Climate Action Charter goals.
BACKGROUND:
In July 2019, Esquimalt Council approved second and third readings of Checkout Bag Regulation Bylaw, 2019, No. 2953, which would prohibit the use of plastic checkout bags by businesses within the Township. Council also approved an engagement plan for working with businesses to ensure that adequate notice was given to customers and direction given to staff in preparation for the implementation of the regulation.
One week later and prior to final adoption of the bylaw, a similar bylaw prepared 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. Since that time, no further checkout bag bylaws have been adopted.
Two recent announcements have changed the context for single use plastic regulation. First, on September 12, 2020, the provincial government announced that they have approved the City of ...
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