By Tiffany Goodwein

Plastic bag ban pushes forward

Jul 18, 2019 | 6:00 AM

Plans to ban plastic checkout bags at businesses is forging ahead despite a B.C Court of Appeal ruling against a similar bylaw in the City of Victoria.

Board members with the Regional District of North Okanagan voted to approve third reading of the checkout bag bylaw and to send it to the Ministry of Environment for ratification before adopting it.

“Along with a number of our other bylaws we have to send some of our bylaws to the province for approval. This one we would be sending to the Ministry of Environment for approval, so it is not dissimilar. It is the check and balance sitting in this situation that it needs two approvals,“ RDNO Chief Administrative Offier David Sewell said.

Sewell added by sending the bylaw to the province, it would also drum up support about the desire to reduce single-use plastics across municipalities.

RDNO voted to approve a third reading of their checkout bag bylaw on Wednesday (Tiffany Goodwein/ VernonMatters Staff)

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“The other objective that we talked about on the checkout bag regulations is the desire to raise the profile of this issue and actually engage with the province to have discussions in a more comprehensive and uniform approach,” he said

Kevin Acton, chair of the RDNO, agreed and said that it is important for the province to know about the desire of local government to cut back on waste.

“This is more about getting the province to pay attention and put it into people’s minds.”

The ruling

Last week in a Vancouver courtroom, the judge ruled that provincial approval was required before the city of Victoria enacted its bylaw.

“Under the governing statute, the Community Charter, S.B.C. 2003, c. 26, municipal laws that regulate “in relation to” the protection of the natural environment require the approval of the provincial Minister of Environment. The City contended, and the court below found, that a bylaw enacted by Victoria that prohibited merchants from providing plastic bags to customers was not an environmental law, but one “in relation to” business — and that it therefore did not require the Minister’s approval. For the reasons that follow, I find the bylaw was one relating to the protection of the environment, that the Province’s approval was required, and that the appeal must therefore be allowed,” Honourable Madam Justice Newbury said in her decision.

The federal government is in support of a ban, much like the RDNO and other municipalities in the province. In June, Prime Minister Justin Trudeau announced plans to ban single use plastic items like plastic bags as early as 2021.

Speaking to the board on Wednesday, Acton said in the past few days he has received recommendations on how to reduce single-use plastic items from the federal task force set up this spring.

If approved by the province, the regional district hopes to implement their checkout bag bylaw by January 2020.

by Tiffany Goodwein

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