Plastic Bag Bylaw: Environment Bylaw Requires Ministerial Approval

   Litigation Municipal Law

Source: 2019 BCCA 254 Canadian Plastic Bag Association v. Victoria (City)

A bylaw regulating plastic bag useage and sale was found to be an environmental protection law in pith and substance as opposed to a bylaw regulating business practices. As such the bylaw required Provincial approval by the Minister of Environment to come into existence and be enforceable. The bylaw was not so approved and was invalid as a result.

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