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THE CORPORATION OF THE CITYOF ROSSLAND
BYLAWNO. 2723
A BYLAWISTO REGULATETHE BUSINESS USE OF SINGLEUSE CHECKOUTBAGS TO REDUCETHE CREATION
OF WASTE AND ASSOCIATEDMUNICIPAL COSTS,TO BETTERSTEWARDMUNICIPALPROPERTY, INCLUDING
SEWERS,STREETSAND PARKS,AND TO PROMOTE RESPONSIBLEAND SUSTAINABLEBUSINESSPRACTICES
THAT ARE CONSISTENTWITH THE VALUES OF THE COMMUNITY.
WHEREASCouncil of the City of Rossland under its statutory
powers, including sections 8(6) of the
Community
Charter, Council, in an open meeting assembled, enacts the following provisions:
SHORT TITLE
1.1 This Bylaw may be cited as the "Checkout Bag Regulation Bylaw, No. 2723 (2020)".
DEFINITIONS
2.1 in this Bylaw:
"Checkout Bag" means:
i.
any bag intended to be used by a customerfor
the purpose of transportingitems
purchased or received by the customer
from the business providing the bag; or
ii.
bags used to package take-out or delivery offood
iii.
and includes Paper Bags, Plastic Bags, or Reusable Bags;
"Business" means any person,
organization,
corporation,
or group engaged
in a trade, business,
profession, occupation, calling, employment
or purpose
that is regulated under the Business
Licence Bylawor the Cannabis Related Business Regulation Bylaw and, forthe
purposes
of
section 3, includes a person employed by, or operating on behalf of, a Business;
"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;
"Reusab|e
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;
"Sma||
Paper Bag" means any bag made out of paper that is less than 15 centimetres
by 20
centimetres
when flat.
Checkout Bag Regulation Bylaw No. 2723 (2020)
Page 1 of 5
CHECKOUTBAG REGULATIONS
3.1
a) Except as provided in this Bylaw, no Business shall provide a Checkout Bag to a customer.
b)
A Business may provide a Checkout Bag to a customer
only if:
i.
the customer
is first asked whether he or she needs a bag;
ii.
the bag provided is a Paper Bag or a Reusable Bag; and
iii.
the customer
is charged a fee not less than:
(i)
$0.25 per paper bag; and
(ii)
$2.00 per reusable bag
c)
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 bythe customer from the
Business.
EXEMPTIONS
4.1
a) Section 3 does not apply to Small Paper Bags or bags used to:
i.
package loose bulk items such as fruit, vegetables,
nuts, grains, or candy;
ii.
package loose small hardware items such as nails and bolts;
iii.
contain or wrap frozen foods, meat, poultry, or fish, whether
pre--packagedor not;
iv.
wrap flowers or potted plants;
protect
prepared foods or bakery goods that are not pre--packaged;
vi.
contain prescription
drugs received from a pharmacy;
vii.
transport
livefish;
viii.
protect
linens, bedding, or other similar large items that cannot
easily fit in a Reusable
Bag;
.
ix.
protect
newspapers
or other printed material intended to be left at the customer's
residence or place of business; or
X.
protect
clothes after professional laundering or dry cleaning.
b)
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.
c)
Notwithstanding section 3, a Business may provide a Checkout Bag free of charge if:
i.
the Business meets the other requirements
of section 3;
ii.
the bag has already been used by a customer;
and;
iii.
the bag has been returned to the Business for the purpose of being reused by other
customers.
d)
Section 3 does not apply to a Checkout Bag that was purchased by a Business prior to the first
reading of this Bylaw.
Checkout Bag Regulation Bylaw No. 2723 (2020)
Page 2 of 5
5.1
6.1
7.1
8.1
9.1
OFFENCE
a)
A person commits
an offence and is subject to the penalties imposed by this Bylaw, the Ticket
Bylaw and the OffenceAct ifthat person:
i.
contravenes
a provision of this Bylaw;
ii. consents
to, allows, or permits an act or thing to be done contrary
to this Bylaw; or
iii. neglects or refrains from doing anything required be a provision ofthis Bylaw.
b)
Each instance that
a contravention
of a provision of this Bylaw occurs and each day that a
contravention
continues shall constitute
a separate
offence.
PENALTIES
a)
A person or business found guilty of an offence under this Bylaw is subject to a fine subject to
Schedule A, attached to, and forming a portion of this Bylaw. In addition to Schedule A, the
maximum following penalties shall apply:
b)
For a business not more than $10,000.00; or for an individual, not more than $500.00.
SEVERABILITY
Ifany provision or part of this Bylaw is declared by any court or tribunal of competentjurisdiction
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.
DISPUTE RESOLUTION
Any individual or business that receives correspondence
regarding either that an offence has
occurred and/oroutlining the prescribed penalty for that offence in occurring, including any
demand of payment
issued by the City, may, within 14 days of receipt of said correspondence,
provide a written
request
to Council for reconsideration of the matter.
Requests received after the
14-day period will not have an opportunity
to be either heard or reviewed by Council.
ENACTMENTAND REPEAL
a)
If any section, subsection, sentence,
clause or phrase of this Bylaw is for any reason held to be
invalid by the decision of any court of competent
jurisdiction, the invalid portion shall be
severed and the part that is invalid shall not affect the validity of the remainder.
b)
Checkout Bag Regulation Bylaw No. 2691, 2019 and any amendments thereto are hereby
repealed in its entirety.
c)
This Bylawshall come into force and effect on the final adoption thereof.
Checkout Bag Regulation Bylaw No. 2723 (2020)
Page 3 of 5
READA FIRSTTIME
this 20"'day of April 2020
READA SECONDTIME
this 20"'day of April 2020
READA THIRDTIME
this 20"'day of April 2020
RESCINDEDTHIRD READING
this 13"'day ofJuIy 2020
READFORA THIRDTIME
this 14"'day of December 2020
APPROVED BYTHE MINISTRYOF ENVIRONMENT
this 12th day of February 2021
8: CLIMATECHANGESTRATEGYON
FINALLYADOPTEDON
this 8th day of March 2021
A/\
Mayor
Chief Administrative Officer/Corporate
Officer
Checkout Bag Regulation Bylaw No. 2723 (2020)
Page 4 of 5
Checkout Bag Regulation Bylaw No. 2723, 2020
Schedule A
Bylaw Offences and Fines
_
Fine if paid
.
Fine if paid
Offence
Section
(:::i:'::s)within 30 days
(insjitlilz?zl)
within 30 days
(business)
(individual)
Providing a Checkout Bag
to a Customer
except
as
3
$100.00
$75.00
$50.00
$37.50
provided in the bylaw
Providing a Checkout Bag
without asking whether
3(b)(i)
$100.00
$75.00
$50.00
$37.50
a customer
wants
one
Providing a Checkout Bag
that is not a Paper
Bag or
3(b)(ii)
$100.00
$75.00
$50.00
$37.50
Reusable Bag
Selling or Providing a
Plastic Bag
3(a)
$100.00
$75.00
$50.00
$37.50
Denying or discourage
use of customer':
own
3(c)
$100.00
$75.00
$50.00
$37.50
Reusable Bag
Checkout Bag Regulation Bylaw No. 2723 (2020)
Page 5 of 5