Officials from Victoria, B.C., say they plan to appeal to the Supreme Court of Canada regarding an official single-use plastic bag ban, which could mean additional opportunities for distributors in that province.

A decision by the B.C. Court of Appeals in July struck down a bylaw in Victoria that for a year had prohibited businesses there from providing single-use plastic bags, and required them to charge 15 cents for a paper bag or $1 for a reusable bag. The Canadian Plastic Bag Association, representing manufacturers and distributors of plastic shopping bags, challenged the bylaw in court.

The Supreme Court of British Columbia sided with Victoria, but the Court of Appeals found that the primary purpose of the bylaw was to protect the natural environment rather than regulate business. As a result, the city should have sought provincial approval for the bylaw before putting it into effect.

Now, Victoria Mayor Lisa Helps said officials there will seek to appeal the Court of Appeals’ ruling in front of the Supreme Court of Canada. “The fundamental bottom line is that this is more than about plastic bags,” she said at an announcement this week at the Union of B.C. Municipalities convention in Vancouver. “The decision, if allowed to stand, could potentially, substantially challenge the authority of local governments to make decisions in line with our communities.”

The City will ask the Supreme Court of Canada to review the Court of Appeal decision regarding its business bylaw to regulate the use of plastic checkout bags. Learn more: https://t.co/y2FpQiaoXb pic.twitter.com/cJciCTns6S

— City of Victoria (@CityOfVictoria) September 25, 2019

She advised that the Supreme Court only hears about 10% of the cases seeking leave to appeal, “so it’s a long shot, but we think it’s an important enough issue for municipalities across this country.” But she added that 97% of businesses in Victoria are currently operating as though the bylaw is still in place. “So there’s clearly social license and there’s also political will,” she said.

Bans on single-use bags, straws, bottles and takeout containers continue to crop up across North America, particularly in large urban areas that pose strong business opportunities for distributors. Just this month, officials in Baltimore, Miami Beach and Los Angeles have all announced plans for prohibitions. And in July, the East West Market in Vancouver, B.C. got international attention with its embarrassingly branded single-use bags in an effort to reduce plastic waste.

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