Confirming Municipal Jurisdiction to Regulate Single-Use Items

Year
2019
Number
B148
Sponsor(s)
West Vancouver

Whereas single-use items increase waste, are often not recyclable, and have various negative impacts on communities across British Columbia; And whereas several municipalities in British Columbia recently have acted or are in the process of acting to restrict the use of single-use items; And whereas the ability of municipalities to regulate to protect the environment is specifically circumscribed by s. 9 of the Community Charter, S.B.C. 2003, c. 26, which states that a municipality may not adopt a bylaw for the protection of the natural environment unless the bylaw is established in accordance with a regulation made by the Province, is established in accordance with an agreement by the Province, or is approved by the Minister responsible and there are no applicable regulations, agreements or approvals: Therefore be it resolved that the Province specifically allow local governments to regulate or restrict single-use items by the Provinces agreement, by regulation, or by approval of the Minister.

Provincial Response

Ministry of Environment and Climate Change Strategy The Province of British Columbia is encouraged by the level of interest in and action being taken by local governments on single-use item strategies and other related initiatives to reduce plastic in the environment. The Province also recognizes that there are actions being taken by local governments that could be supported by a responsive provincial approach for both these types of bylaws and plastic waste management generally. Recognizing the need for a new approach to plastics and single-use items, the CleanBC Plastics Action Plan and engagement was launched by the Province on July 25th, 2019. Through the consultation paper, the Ministry sought feedback on two items directly related to local government bylaws. Specifically, if local governments should be given the authority to ban problematic plastic items in their communities, and if there are bans better suited for implementing at the federal, provincial or local government level. The consultation closed on September 30th, 2019 and the Ministry is currently reviewing feedback collected during the engagement period, including that received from local governments, and will publish a What We Heard report to inform the appropriate policy or regulatory responses. The Ministry will continue to engage with local governments as ministry staff develop new or updated policies and programs on single-use items.

Convention Decision
Endorsed