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Victoria Wins Court Battle to Ban Plastic Bags

The Canadian city of Victoria has won a court battle over its right to ban plastic bags, allowing the restrictions to roll out next month. Across the globe, restrictions on single-use bags and other disposable plastic items have been on the rise – a trend that has implications for the promotional products industry, since it could lead to more investment in branded tote bags and similar reusable goods.

Victoria’s bylaw prohibits grocery stores from offering or selling plastic bags to shoppers, though stores can still offer paper bags or reusable bags for a cost if customers ask. The Canadian Plastic Bag Association (CPBA) had challenged the ban in British Columbia Supreme Court. The CPBA claimed the city had acted outside its jurisdiction, arguing that cities in British Columbia don’t have the authority to regulate the environment. That power, instead, falls to the province, according to the CPBA’s reasoning. In his ruling, however, Justice Nathan Smith said the plastic bag bylaw works because cities are allowed to regulate business transactions.

Victoria Mayor Lisa Helps was pleased with the court’s decision: “Today we’ve been given permission by the courts to manage waste in a sustainable way, and I think that’s a good thing,” she told CBC.

Helps believes the decision will have big implications for other Canadian cities as they consider bans of their own. “This isn’t just a victory for the city of Victoria, it’s a victory for cities because cities do have very limited powers,” she said.

The plastic bag ban is set to go into effect as planned July 1. Nonconforming businesses could face fines from $100 up to $10,000 by 2019.