Victoria to seek leave to appeal B.C. court’s decision to quash plastic bag bylaw

B.C.’s appeals court had sided with the Plastic Bag Association

The City of Victoria will seek leave to appeal the B.C. Court of Appeals decision to quash its plastic bag ban.

Mayor Lisa Helps announced the move Wednesday at the annual Union of B.C. Municipalities Convention in Vancouver.

The municipal bylaw came into effect on July 1, 2018, regulating the issuance and sale of single-use plastic bags. Businesses were instructed to instead offer paper or reusable bags for purchase, or else face heavy fines.

The B.C. Supreme Court had ruled in favour of the bylaw but the B.C. Court of Appeal overturned the decision and sided with the Plastic Bag Association.

“We think it’s really important that local governments have the authority to regulate businesses in line with the values of our community,” Helps said.

“Since the bylaw was struck down, 95 to 97 per cent of our businesses are still operating as if the bylaw was in place.”

Helps said appealing the decision to the Supreme Court of Canada was not just about the use of plastic bags in Victoria stores.

“The Court of Appeal’s decision that the bylaw requires provincial approval, which we fundamentally disagree with, runs contrary to a principle previously mentioned at the Supreme Court of Canada,” she said.

The principle is “that lawmaking and implementation are often best achieved at the level of government that’s closest to the citizens. That’s the argument here.”

READ MORE: Victoria to look at options after BC Court of Appeal sides with plastic bag industry


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Escaped Metchosin inmate sentenced to additional year tacked on to 14-year sentence

Man escaped from William Head Institution arrested days late in Esquimalt

Visions Gala attendees step up to raise $1M for Victoria hospitals

Money goes towards purchasing critically needed imaging equipment

Two Sidney seniors struck by vehicle with foggy windows in marked crosswalk

Driver fined for failure to yield, limited visibility caused by foggy windows

Cold, stormy winter forecast across much of Canada, The Weather Network predicts

In British Columbia temperatures will be slightly above normal and precipitation will be just below normal

B.C. woman ordered to return dog to ex-boyfriend for $2,000

After the two broke up, documents state, they agree to share custody of the dog, named Harlen

B.C. petition calls for seat belts in new school buses

Agassiz bus driver collects 124,000 signatures in support

Campbell River RCMP officer assaulted during traffic stop

Officer expected to make a full recovery; had been conducting impaired driving investigation alone

BC SPCA seeks help after senior cat attacked by dog twice

Nine-year-old tabby named Meow Meow will need her front leg amputated

Abbotsford police chief mulls more enforcement of homeless lawbreakers

‘When all else has failed we have to hold people accountable,’ Police Chief Mike Serr tells council

Striking Vancouver hotel workers, employer reach ‘tentative’ agreement

Employees of the Rosewood Hotel Georgia have been out at picket lines since talks broke off on Sept. 21

Most Read