The City of Victoria’s efforts to ban plastic bags were squashed by a Supreme Court ruling Thursday morning. (Black Press Media file photo)

Victoria’s plastic-bag ban ended by Supreme Court of Canada

City’s leave to appeal lower court’s decision denied

Plastic bags won’t be banned in the City of Victoria any time soon.

The Supreme Court of Canada has dismissed the City’s application for a leave to appeal the decision that halted efforts for a plastic bag ban.

In September 2019, the City filed the leave to appeal the B.C. Court of Appeal’s decision to quash the plastic bag bylaw. Lobbyist group the Canadian Plastic Bag Association (CPBA) began pushing back in January 2018, and argued at the time that the bylaw’s main goal was to target environmental issues, a provincial jurisdiction, and that the municipality had stepped out of line passing it as an economic strategy. The BC Court of Appeals agreed, meaning that the city’s bylaw was dissolved until it got provincial approval.

If it the appeal been granted, the City would have been able to schedule a hearing to appeal the fall decision.

“I’m disappointed but not surprised,” said Victoria Mayor Lisa Helps. “The Supreme Court only takes on 10 per cent of cases.”

With the leave for appeal dismissed, the lower court’s decision stands. As is customary for a leave to appeal decision, the Supreme Court does not issue any reasons for its decision.

READ ALSO: Victoria businesses remain plastic-bag free, despite court ruling

Helps said that regardless of the legals standing, the now-defunct Checkout Bag Regulation Bylaw, which regulated the issuance and sale of single-use plastic bags in the city starting July 1, 2018, has “eliminated more than 17 million plastic bags from reaching the landfill.”

“That achievement is too great for us to turn our backs on. And our recent scans tell us that our community continues to avoid plastic bags despite these setbacks,” Helps said. “Moving forward, we’re going to continue to look for every opportunity to reduce plastic waste, which includes working with our provincial and national governments to develop high and shared standards.”

Helps said the City is confident it will see bold leadership from the Province of B.C. in their Plastics Action Plan.

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

After the municipal bylaw came into effect on July 1, 2018, businesses were instructed to instead offer paper or reusable bags for purchase, or else they would face heavy fines.

In response to the Supreme Court decision, the CPBA said in a statement that it welcomes the decision to “respect limits” placed on B.C. municipalities’ authority when addressing environmental issues.

The association said the City’s Bylaw could have “unintended and harmful effects” and claimed research “available to the City has shown that plastic bags typically outperform paper bags.”

The CPBA also said in many ways, plastic bags are “the best packaging option given they can be recycled and are “less carbon intensive.” The association said it will work with the province to address packaging and recycling issues.

Helps said the municipality will now submit a revised version of the bylaw to the province for approval, with an intention of doing so in the next few weeks.

With files from Kendra Crighton, Nicole Crescenzi.

City of VictoriaPlastic Bag BanPlastic Bags

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Annual Battle of the Badges hockey game to combat bullying in Delta schools

This year’s Battle of the Badges takes place at Sungod Arena on Pink Shirt Day (Wednesday, Feb. 26)

COLUMN: Medical assistance in dying law returning to parliament

“The overall message that I have heard … has been one of caution and compassion,” writes Delta MP

Surrey Mounties arrest man in Chatr Mobile store robbery in Whalley

Jeremy Morgan, 32, is alleged to have had a loaded gun when he was arrested on Feb. 12

Surrey RCMP recover $80,000 worth of stolen property

Police found the property after executing two search warrants in Newton

Small grants can help boost Delta neighbourhoods

Delta Foundation grants range from $50 to $500 and are meant to fund creative community initiatives

Protesters barricade Premier John Horgan’s home ahead of B.C. budget unveiling

Demonstrators from the Extinction Rebellion have blocked the Langford driveway

Victoria, Abbotsford record biggest jumps in rent prices nationwide: report

Toronto and Vancouver had priciest rentals in Canada

VIDEO: Convoy of forest industry supporters on its way to Victoria

Rally at the B.C. legislature begins with participants setting off from Campbell River

Teen snowmobiler found safe after overnight search in Okanagan

The teen had been missing since just after 6 p.m. on Monday

New highway proposed between Alberta and B.C.

The route would connect Red Deer to Kamloops

Woman arrested in Cariboo after fuel stolen, police car rammed

Suspect wanted for crimes allegedly committed in Kelowna, Salmon Arm and 100 Mile House

No dramatic shifts expected as B.C. government tables new budget today

Finance Minister Carole James has promised to stay the course when she tables the budget in the legislature

AFN national chief calls for calm on Wet’suwet’en crisis, rail blockades

Hereditary chiefs in the Wet’suwet’en First Nation oppose the natural-gas pipeline

Most Read