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No. 1087

Checkout Bag Regulation Bylaw No. 1087, 2022

Adopted 2022
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Plain English Summary

This bylaw, enacted by the Town of View Royal, aims to reduce single-use plastic bags. It affects all businesses operating within the town that are regulated under the Town's Business License and Regulation Bylaw. The bylaw prohibits businesses from providing plastic checkout bags to customers. Businesses can only offer paper bags (containing at least 40% recycled content and labeled accordingly) or reusable bags, and they must charge a minimum fee: 25 cents for paper bags and $2 for reusable bags. Businesses must ask customers if they need a bag. The bylaw includes exemptions for small paper bags and bags used for specific items like produce, hardware, frozen goods, flowers, prescriptions, and other similar items. Customers are allowed to use their own reusable bags without discouragement. The bylaw came into effect on April 22, 2022.

Legislative Timeline

March 1, 2022

Council Meeting

Checkout Bag Regulation Bylaw No. 1087, 2022

2022Town of View Royal

Adopted 2022

Official adoption year of Bylaw No. 1087

Document Outline

Town of View Royal - Checkout Bag Regulation Bylaw No. 1087, 2022

  1. CITATION

  2. DEFINITIONS

    • Business
    • Checkout Bag
    • Paper Bag
    • Plastic Bag
    • Reusable Bag
    • Small Paper Bag
  3. CHECKOUT BAG REGULATION

    • (1) General Prohibition
    • (2) Conditions for Providing Bags
      • (a) Asking the Customer
      • (b) Permitted Bag Types
      • (c) Minimum Fees
        • (i) Paper Bag Fee
        • (ii) Reusable Bag Fee
    • (3) Prohibitions
      • (a) Plastic Bags
      • (b) Free Bags
    • (4) Allowing Customer's Own Bags
  4. EXEMPTIONS

    • (1) Exempted Bags
      • (a) Loose Bulk Items
      • (b) Loose Small Hardware
      • (c) Frozen Foods, Meat, Poultry, Seafood
      • (d) Flowers or Potted Plants
      • (e) Prepared Foods or Bakery Goods
      • (f) Prescription Drugs
      • (g) Live Fish
      • (h) Linens, Bedding, etc.
      • (i) Newspapers, Printed Material
      • (j) Laundered or Dry Cleaned Clothes
    • (2) Packaged Bags for Home Use
    • (3) Re-used Bags
  5. OFFENCE

    • (1) Contravention
    • (2) Fine
    • (3) Separate Offence per Day
    • (4) Enforcement by Ticket
  6. SEVERABILITY

  7. EFFECTIVE DATE

Full Text

TOWN OF VIEW ROYAL 
 
BYLAW NO. 1087 
 
 
 
A BYLAW TO REGULATE THE PROVISION OF CHECKOUT BAGS 
 
 
 
The Council of the Town of View Royal, in open meeting assembled, enacts as follows: 
1. 
CITATION 
 
This bylaw may be cited as the “Checkout Bag Regulation Bylaw No. 1087, 2022“. 
 
2. 
DEFINITIONS 
 
In this Bylaw: 
 
"Business” means any person, organization, or group engaged in a trade, business, profession, 
occupation, calling, employment or purpose that is regulated under the Town’s Business License and 
Regulation Bylaw as may be amended or replaced from time to time and, for the purposes of 
section 3, includes a person employed by, or operating on behalf of, a Business. 
"Checkout Bag” means any bag that is: 
 
(a) 
intended to be used by a customer for the purpose of transporting items 
purchased or received by the customer from the business providing the 
bag; or 
 
(b) 
used to package food for take-out or delivery; 
 
and includes Paper Bags, Plastic Bags, or Reusable Bags. 
 
"Paper Bag” means a bag made out of paper and containing at least 40% of post-consumer 
recycled paper content, and displays the words “Recyclable” and “made from 40% post-
consumer recycled content" or other applicable amount on the outside of the bag, but does not 
include a Small Paper Bag.  
 
“Plastic Bag” means any bag made with plastic, including biodegradable plastic or compostable 
plastic, but does not include a Reusable Bag. 
 
“Reusable Bag” means a bag with handles that is for the purpose of transporting items 
purchased by the customer from a Business and is 
 
(a) 
designed and manufactured to be capable of at least 100 uses; and 
 
(b) 
primarily made of cloth or other washable fabric. 
 
"Small Paper Bag" means any bag made out of paper that is less than 15 centimetres by 20 
centimetres when flat. 

3. 
CHECKOUT BAG REGULATION 
 
(1) 
Except as provided in this Bylaw, no Business shall provide a Checkout Bag to a 
customer. 
 
(2) 
A Business may provide a Checkout Bag to a customer only if: 
 
(a) 
the customer is first asked whether he or she needs a bag; 
 
(b) 
the bag provided is a Paper Bag or a Reusable Bag; and 
 
(c) 
the customer is charged a fee not less than 
 
(i) 
25 cents per Paper Bag; and 
 
(ii) 
$2 per Reusable Bag. 
 
(3) 
For certainty, no Business may: 
 
(a) 
sell or provide to a customer a Plastic Bag; or 
 
(b) 
provide a Checkout Bag to a customer free of charge. 
 
(4) 
No Business shall deny or discourage the use by a customer of his or her own 
Reusable Bag for the purpose of transporting items purchased or received by 
the customer from the Business. 
 
4. 
EXEMPTIONS 
 
(1) 
Section 3 does not apply to Small Paper Bags or bags used to: 
 
(a) 
package loose bulk items such as fruit, vegetables, nuts, grains, or candy; 
 
(b) 
package loose small hardware items such as nails and bolts; 
 
(c) 
contain or wrap frozen foods, meat, poultry, or seafood, whether pre- 
packaged or not; 
 
(d) 
wrap flowers or potted plants; 
 
(e) 
protect prepared foods or bakery goods that are not pre-packaged; 
 
(f) 
contain prescription drugs received from a pharmacy; 
 
(g) 
transport live fish; 
 
(h) 
protect linens, bedding, or other similar large items that cannot easily fit in a 
Reusable Bag; 
 
(i) 
protect newspapers or other printed material intended to be left at the 
customer's residence or place of business; or 

(j) 
protect clothes after professional laundering or dry cleaning. 
 
(2) 
Section 3 does not limit or restrict the sale of bags, including Plastic Bags, intended for 
use at the customer's home or business, provided that they are sold in packages of 
multiple bags. 
 
(3) 
Notwithstanding section 3(2)(c) and 3(3)(b), a Business may provide a Checkout Bag 
free of charge if: 
 
(a) 
the Business meets the other requirements of section 3(2);  
 
(b) 
the bag has already been used by a customer; and; 
 
(c) 
the bag has been returned to the Business for the purpose of being re-used 
by other customers. 
 
5. 
OFFENCE 
 
(1) 
Every person who contravenes any provision of this Bylaw commits an offence which is 
punishable in accordance with the Community Charter. 
 
(2) 
Every person who is guilty of an offence under this Bylaw is liable to a fine of not more 
than $10,000. 
 
(3) 
A separate offence shall be deemed to be committed upon each day during and in 
which the contravention occurs or continues. 
 
(4) 
This Bylaw may be enforced by the issuing of a ticket for contravention in accordance 
with the Town’s Municipal Ticket Information Bylaw, as may be amended or replaced from 
time to time. 
 
6. 
SEVERABILITY 
 
(1)  
If any provision or part of this Bylaw is declared by any court or tribunal of competent 
jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular 
circumstances, it shall be severed from the Bylaw and the balance of the Bylaw, or its 
application in any circumstances, shall not be affected and shall continue to be in full force 
and effect. 
 
7. 
EFFECTIVE DATE 
 
This Bylaw comes into force on force on April 22, 2022 (Earth Day). 
 
 
READ A FIRST TIME THIS 15TH DAY OF FEBRUARY, 2022.  
READ A SECOND TIME THIS 15TH DAY OF FEBRUARY, 2022.  
READ A THIRD TIME THIS 15TH DAY OF FEBRUARY, 2022. 
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE COPORATE OFFICER 
AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 1st DAY OF 
MARCH, 2022. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAYOR  
 
 
 
 
 
CORPORATE OFFICER  
 

Document Details

Status
Active
Year
2022
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