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CITY OF PRINCE ALBERT
BYLAW NO. 28 OF 2020
A Bylaw of The City of Prince Albert to prohibit the
distribution of plastic checkout bags in order to minimize
the volume of plastic waste entering our landfill, waste
collection systems, and littering in our community.
WHEREAS the Council of The City of Prince Albert recognizes the
detrimental, effects of plastic bags on the environment and on the aesthetics of the
community;
AND WHEREAS the City of Prince Albert wishes to reduce the presence of
p astic bags entering the Prince Albert Regional Landfill, our waste collection systems
and the envimnment;
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT
II'N OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
1.
Short Title
This Bylaw may be cited as the "Plastic Checkout Bag Bylaw".
2.
Definitions
In this Byl
1aw:
(a)
"Byl
1aw Enforcement Officer" shall mean any person appointed by City
Council to administer and oversee bylaw enforcement for the City.
(b)
"Checkout Bag" means any bag 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 and/or a bag used to package takeout food
or food to be delivered.
(c)
"City" means the municipal corporation of the City of Prince Albert.
(d)
"City Manager'' means the chief administrative officer of the City or delegate.
BYLAW NO. 28 OF 2020
PAGE 1
(e)
"Director of Public Works" means the City Engineer of the City or del·egate.
(f)
"Food Service Business" means a business that sells or provides food for
consumption on or off of the business premises, includ'in~ restaurants, fast
food restaurants, cafes, delicatessens, coffee s'hops, vending trucks or
carts, or cafeterias.
(g)
"Landfill" means the Prince Albert Regional Landfill, being the area
designated for waste disposal.
(h)
"Litter" means any and aU miscellaneous waste which when discarded,
dropped, p'laced, blown or carried onto any sidewalk, str.eet, boulevard,
lane, park, public place or private premises, contributes to untidiness and
detracts from City cleanliness.
(i)
"Paper Bag" means a bag made pr,imarily of pulp or paper, but does not
include a plastic bag.
U)
"Plastic Bag" means any bag made with any amount of plastic, inc'luding
biodegradable plastic or compostable plastic but does not include a
reusabl'e bag.
(k)
"Police Officer" means any sworn member of the Prince Albert Police
Service.
(I)
"Retai'l Business" means a business whose ma,in activity is the sal'e or
provision of any type of goods direcUy to customers.
(m)
"Reusable Bag" means a bag with handles that is designed and
manufactured to have a minimum lifetime of 1 00 uses and is primarily :made
of cloth or other washable fabric.
(n)
"Waste Collection System" includes the disposal, collection , processing and
recycling or disposition of waste materials.
3.
Rules of ilnterpretation
The table of contents, marginal notes and headings in this Bylaw are for reference
purposes only.
4.
Regulations
Except as provided in Section 6 of this Bylaw, no Retail Business or Food Service
Business shall provide or sell a Plastic Bag to a customer.
BYLAW NO. 28 OF 2020
.f'AGE 2
5.
Prohibited Activities
A Retail Business or Food Service Busi~ness shall not:
(a)
provide, distribute, sell, or use plastic or biodeg,radable plastic Checkout
Bag~s;
(b)
restrict or deny the use of any reusable container or reusable bag by a
person.
6.
Exemptions
Plastic Bags used for:
(a)
carrying ft1uirts or vegetables;
(b)
containing fresh or frozen meat, poultry or fish products whether
prepackaged or not;
(c)
containing bulk food items or bulk hardware items;
(d)
freshly prepared bakery items or other food items that are not prepackaged;
(e)
wrapped flowers or potted plants;
(f)
clothes immediately following professionall'aundering or dry cleaning;
(g)
newspapers or other printed material intended to be left at the customer's
residence or place of business;
(h)
flexible , reusable, re-sealable rectangular zipper storage bags, usually
mainly transparent and made of pol,yethylene or similar plastic and used for
foodstuffs such as sandwiches and freezer storage, that are sold in
packages of multiple bags;
(i)
garbage or trash bags often used in residences and places of business to
contain solid waste in o.rder to prevent the insides of waste containers from
becoming coated in waste material, that are so'ld in packages of mi.Jitiple
bags;
U)
transport of live fish.
BYLAW NO. 28 OF 2(~20
PAGE 3
7.
Inspection on Demand
A Bylaw Enforcement Officer or Police Officer may enter any Retail Business or
Food Service Business and make such examinations, investigations and inqu·ries
as requ.i.red to determ·ine compliance with this Bylaw.
8.
Offences
(a)
An ind:ividu.al commits an offence and is subject to the penalties imposed by
this Bylaw if that individual:
(i)
con·travenes a provision of this Bylaw;
(ii)
consents to, all'ows, or permits an act or thing to be done contrary to
th·is Bylaw;
(·iii)
neglects or refrains from doing anything required to be a provision of
this Bylaw;
(b)
Each instance that a contravention of a provision of this Bylaw occurs and
each day that a contravention continues shall constitute as a separate
offence.
9.
Penalties
(a)
Except as otherwise provided herein, any person or corporation operating
a Retail: Business or Food Service Business who contravenes any provision
of this Bylaw is guilty of an offence, and shall be liable, upon summary
conviction , to the fine as set out in this Bylaw.
(b)
Notwithstanding 9(a) above where a Bylaw Enforcement Officer or Police
Officer issues a summary offence ticket for a violation of this Bylaw, that
Bylaw Enforcement Officer or Poli:ce Officer may enter on the ticket the
amount as stated in 9(c) and/or 9(d). which if paid within the time prescr.ibed,
will be accepted as a gu'ilty plea to that offence.
(c)
Any individual1 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 $1 00.00;
(ii)
for the second offence, of not less than $200.00; and,
(iii)
for a third or subsequent offence, of not :less than $200.00 and not
more than $500.00.
BYLAW NO. 28 OF 2020
PAGE4
(d)
Any corporation, including one operating a Retail Business or Food 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; and,
(ii-i,)
for a third or subsequent offence, of not less than $1 ,000.00 and not
more than $1.0,000.00.
(e)
No Retail Business or Food Service Business shall:
(i)
fail to compl.y with an mder made under Chis Byllaw;
(ii)
obstruct or hinder a Bylaw Enforcement Officer or Police Officer
acting under this Bylaw;
(iii)
fail to comply wi·th any other provision of this Bylaw.
10.
Notice of Violation for First and Second Offences
(a)
A Bylaw Enforcement Officer or Police Officer may issue a summary offence
ticket to any individual or corporation committing a first or second offe!lce
under Section 9. Subject to section 1 O(b)(iv), the summary offence ticket
shall require the individual or corporation to pay to the City the penal.ty
specified in Section 9.
(b)
The penalty may be paid:
(i)
in person, dur,ing regul-ar office hours, to the cashier located at City
Hall, 1084 Central Avenue, Prince Albert, Saskatchewan;
(ii)
by mail addressed to the Financial Services Department, City Hall,
1084 Central Avenue, Prince Albert, Sas-katchewan S6V 7P3;
(iii)
if payment of the penalty is made prior to the date when the indi.vidual
or corporabon contravening- the Bylaw is required to appear in court
to answer a charge, the individual or corporation shall not be liable
to prosecution for that offence;
(iv)
if a Bylaw Enforcement Officer or Police Officer is of the opinion that
it is in the public interest to compel an individual or corporation who
has contravened a provision of this Bylaw for the first time to appear
before a justice, the Bylaw Enforcement Officer or Police Officer may
issue a summons that requires the individual or corporation to appear
BYLAW NO. 28 OF 2020
PAGE 5
before a justice without the alternative of paying the specified
amount;
(v)
if -in the opinion of a prosecutor it is appropriate, the prosecutor may,
on or before the court appearance date, permit an Individual or
corporation charged under Section 9 to pay the specified amount to
avoid prosecution.
11 .
Early Paymen·t
(a)
For an individual, if the penalty imposed under a summary offence ticket is
paid within fourteen (14) calendar days of the date of the summary offence
ticket, the amount of the penalty shall be discounted to the sum of not less
than $75.00 for a first offence and not less than $150.00 for a second
offence.
(b)
For a corporation, if the penalty imposed under a summary offence ticket Is
paid within fourteen (14) calendar days of the date of the summary offence
tkket, the amount of the penalty shall be discounted to the sum of not less
than $375.00 for a first offence and not less than $750.00 for a second
offence.
(c)
Upon payment, the individual or corporation contravening the Bylaw shall
not be ·liab.le to prosecution for that offence.
(d)
The date of payment shall! be determined as follows:
(i)
For payment in person , the date of payment shall be the date
payment is received by the City;
(ii)
For payment by deposit, the date of payment shaU be the date
payment is deposited in the depository at City Halli;
(iii)
For payment by mail, the date of payment shall be the federal1 post
marked date on the remittance.
12.
Repeal of Bylaws
Bylaw No. 33 of 2019 is hereby repealed .
BYLAW NO .. 28 OF 2020
PAGE 6
13.
Coming into Force
This by,law shall come into force and take effect on, from and after the final' passing
thereof.
t\--
INTRODUCED AND READ A FIRST TIME THIS \3
DAY OF Oc...-\dou
, AD 2020.
\ ~
-t~
D·AY OF Oc.-~
W
READ A SECOND TIME THIIS
, AD 2020.
\
~""1'\
LJ ........ ,
READ A THIRD TIME AND PASSED THIS
0
DAY OF 0c:1\Ju:A
, AD 2020.
MAYOR
BYLAW NO. 28 OF 2020
PAGE 7,