This report is in response to MN20-3, which was passed on May 27, 2020, that resolved:
1. To prepare a bylaw that includes the following regulations:
a. Prohibiting retail businesses and food service businesses from providing, distributing, selling or using plastic checkout bags
b. Contain exemptions as appropriate and in line with the exemptions contained in similar bylaws adopted by other jurisdictions
c. Enforcement of this bylaw: i. come into effect one year from its adoption to enable retailers and the public to make the necessary preparations; and ii. not take place during COVID-19 or any other related health emergency
2. The Administration undertake a public education campaign to inform retailers and residents of the reasons for, and content of, the said bylaw.
Financial Impact
Widening the scope of current public awareness and education campaigns to include messaging about the Plastic Checkout Bag Ban Bylaw (Bylaw) is over and above the amount in the existing waste management communications budget and will result in an increased cost of approximately $50,000.
The increase will be funded from the Waste Plan Regina (WPR) capital budget for a one-year campaign leading up to the effective date of the change August 1, 2021. This is a one-time campaign.
No additional resources for enforcement have been identified at this time. If there is an increased need for resources arising from enforcement of the bylaw, additional resources would be requested through future budgets.
Environmental Impact
Overall, single-use plastics account for approximately one per cent of the residential waste in Regina. Approximately five per cent of all the recyclables collected through the City of Regina’s (City) recycling programs are plastic.
The implementation of a plastic checkout bag ban is intended to minimize plastic waste entering the landfill, and to extend the life of the landfill. It will also prevent and reduce the amount of plastic litter in the community.
Policy/Strategic Impact
Advancing waste reduction initiatives aligns with the goals outlined in WPR. Additionally, the City is committed to priorities outlined in Design Regina: The Official Community Plan (OCP) to promote conservation, environmental stewardship and sustainability through the adoption of leading practices in waste management.
Legal Impact
The Bylaw contains enforcement provisions allowing enforcement of the proposed provisions banning plastic checkout bags.
None
The Administration will develop a communications strategy to inform and educate retail businesses, food service businesses, and service businesses about the new Bylaw and the implications these provisions will have on their businesses. The Administration will develop an awareness campaign to communicate the behaviour change to Regina residents. The City’s public awareness and education campaigns focused on waste management will continue throughout 2020 and 2021.
The plastic checkout bag ban will be a new bylaw.
The City’s Bylaw is modelled after the PA Bylaw with modifications to definitions to fit within the context of the City bylaws and the addition of some exemptions to be consistent with other similar bylaws across the country.
The City’s proposed Bylaw prohibits the distribution of plastic checkout bags by retail businesses, food service businesses and service businesses that sell or provide goods, services or food for consumption to consumers. The Bylaw does not regulate what customers can bring to a retail business, services business or food service business for the purposes of transporting goods from a business. The proposed Bylaw prohibits such businesses from restricting or denying customers the use of a reusable container for the transport of goods.
The Bylaw does not prescribe acceptable alternative options to plastic checkout bags, thereby allowing business and customers to choose their own methods for transporting goods from the business.
Key Definitions
The following definitions will be included in the Bylaw and are modelled after the PA Bylaw where applicable. In some cases, the definitions were added or updated to provide clarity and ensure consistency across City bylaws.
· “food service business” means a business that is an active land use as defined under the “Food & Beverage” land use class in The Regina Zoning Bylaw 2019, Bylaw No. 2019-19 including but not limited to restaurants, fast food restaurants, cafes, delicatessens, coffee shops, vending trucks or carts, or cafeterias.
· “plastic bag” means any bag made with any amount of plastic, including biodegradable plastic or compostable plastic but does not include a reusable container.
· “plastic checkout bag” means any plastic bag that is intended to be used by a customer for the purpose of transporting items purchased or received by the customer from a retail business, food service business or service business but does not include a reusable container.
· “retail business” means a business that is an active land use as defined under the “Retail Trade” land use class in The Regina Zoning Bylaw 2019, Bylaw No. 2019-19 where the activity involves the sale or provision of any type of goods or services directly to customers.
· “service business” means a business that is an active land use as defined under the “Service Trade” land use class in The Regina Zoning Bylaw 2019, Bylaw No. 2019 where the activity involves the sale or provision of any type of services directly to customers.
Exemptions
The Administration has been researching plastic checkout bag ban bylaws across the country. Part of this research included compiling a list of common exemptions for plastic checkout bag bans. The Administration recommends including the following common exemptions from the PA Bylaw:
Allowing plastic bags used for:
· carrying fruits or vegetables
· containing bulk food items or bulk hardware items
· freshly prepared bakery items or other food items that are not pre-packaged
· wrapped flowers or potted plants
· clothes immediately following professional laundering or dry cleaning
· newspapers or other printed material intended to be left at the customer's residence or place of business
· transport of live fish
Based on research of other Canadian jurisdictions and their respective plastic bag bans, the Administration recommends including the following additional exemptions and allowing plastic bags:
· containing fresh or frozen meat, poultry or fish, and frozen foods whether prepackaged or not
· intended for use at the customer’s home or business, provided that they are prepackaged and sold in packages of multiple bags
· containing prescription drugs received from a pharmacy
· that protect linens, bedding or other similar large items that cannot easily fit in a reusable bag
· that protect tires that cannot easily fit in a reusable bag
Enforcement
Similar to PA’s Bylaw, the proposed Bylaw will be enforced through a complaint-based approach, will allow for ticketing, voluntary early payment and will be subject to the following penalties as outlined below:
When the City Manager or a Bylaw Enforcement Officer has reason to believe that a person has contravened any provision of this Bylaw the City Manager or a Bylaw Enforcement Officer may issue a Notice of Violation to the person in contravention.
A Notice of Violation shall contain a voluntary payment amount, determined by the nature of the contravention and the number of times a Notice of Violation has been issued for a contravention as follows:
| First Offence | Second Offence |
For an Individual | $75.00 | $150.00 |
For a Corporation | $375.00 | $750.00 |
Any individual who contravenes a provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine:
i. For the first offence, of not less than $100.00
ii. For the second offence, of not less than $200.00
iii. For a third or subsequent offence, of not less than $200.00 and not more than
$500.00
Any corporation, including a retail business, food service business or service business who contravenes a provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine:
i. For the first offence, of not less than $500.00
ii. For the second offence, of not less than $1,000.00
iii. For a third or subsequent offence, of not less than $1,000.00 and not more than $10,000.00
Health Emergency Consideration
City Council’s Motion MN20-3 directed the Administration to ensure that any plastic checkout bag ban would not be in effect for as long as COVID-19 or any other related health emergency is in effect.
To address this requirement in the motion the following section is included in the Bylaw, which states:
Nothing in this Bylaw relieves a person from complying with any federal or provincial law or regulation, other bylaw or any requirements of any lawful permit, order, consent or other direction.
This provision would render any provision of the bylaw, that is inconsistent with a public health order issued by federal, provincial or municipal authority, unenforceable during any federal or provincial health emergencies or other applicable orders.
Further, the motion contemplates a one-year period before the proposed Bylaw come into force, by which time the Administration is hopeful that the recovery from COVID-19 will be to the point where reusable containers are acceptable.
Implementation Plan
As required in MN20-3, the proposed Bylaw would not come into effect until August 1, 2021, which will allow impacted business time to use current stock, determine their strategy moving forward and allow the City time to message the changes to businesses and residents.
This report responds to MN20-3.
The Single-Use Plastics report which responded to MN19-6, May 27, 2019 and MN 19-18, October 28, 2019 has been deferred until 2021.
Respectfully Submitted, Respectfully Submitted,
Kurtis Doney Kim Onrait
Director, Water, Waste & Environment Executive Director, Citizen Experience
Prepared by: Janet Aird, Manager, Program Development & Delivery