Face of Nation : In a unanimous decision, the court ruled that because Victoria’s primary aim in enacting the ban was the environment, they required approval by the Minister of Environment — something they failed to receive.
The city argued the bylaw was “a valid regulation in relation to business,” but in her ruling, Madam Justice Newbury wrote that wasn’t the case.
“The city did not set out to prohibit some types of checkout bags and encourage other types in order to interfere with or somehow improve business transactions,” she wrote.
“Rather, it set out to slow down and ultimately end the harm caused by plastics in waterways both local and global.” The Canadian Plastic Bag Association had previously challenged the bylaw, but lost in a lower court.
Newbury also wrote that “while the city’s intentions in passing the bylaw were no doubt reasonable, we must give effect to the clear instructions … requiring the minister’s approval. Whatever the reason for not seeking that approval in July 2018, it will now presumably be sought.”
The Ministry of Environment did not immediately respond to a question from CBC News as to whether they would grant approval.
Under the December 2017 bylaw, grocery stores can’t offer or sell single-use plastic bags to customers and must charge at least 15 cents for paper bags and one dollar for reusable bags.
Victoria’s bylaw has since been imitated by a number of Canadian cities.
