Single-use bylaw enacted by Victoria includes opt-out options

On Sept. 5, the City of Victoria adopted the Single-Use Items Reduction bylaw it hopes will significantly reduce the distribution of single-use items (currently calculated at 60 million items each year) and make commonly used plates, cups and cutlery reusable in local restaurants.

The move aligns with Victoria’s Zero Waste strategy to reduce landfill waste by 50% by 2040.

“This is a significant step forward in our commitment to fostering a circular economy,” said Mayor Marianne Alto. “The new bylaw will reduce waste, lessen the strain on our regional landfill, and create a cleaner community for residents and visitors.”

The BC Restaurant & Foodservices Association (BCRFA) offered its approval.

“The city team took a careful and cautious approach to developing a bylaw that is fair and addresses the importance of reducing single-use items,” said Ian Tostenson, president of the BCRFA.

While it certainly takes a bite out of on-site plastics available in restaurants and their take-out windows, the bylaw which will be phased in between this December and March 2026, doesn’t fully eliminate single-plastics use. It allows businesses to distribute utensils, stir sticks, condiments and straws for those customers who request them, mainly through online third party platforms such as Uber Eats, DoorDash and Skip the Dishes. It reads:

“A business may provide a single-use accessory to a customer only if one or more of the following is implemented: a. the customer is first asked whether they need a single-use accessory and the customer responds that they do, including responses given by telephone or using internet-based ordering platforms; b. a customer requests a single-use accessory, including requests made by telephone or using internet-based ordering platforms; or c. a customer obtains a single-use accessory from a self-serve station.”

The takeaway is Canadians like to order in

A study by Merchants showed that 51% of Canadian diners placed a takeout food order last month, 28% of which went through a third party platform where they are still able to ask for single-use utensils and containers.

According to the city, people in Victoria throw away 220K single-use plastic items each day. That waste represents 17% of what goes to the Hartland Landfill site. Capital Daily reported in November 2023 that the Hartland facility is constructing another $11M cell (4) to accommodate the growing mountains of garbage there. Cell 3 is expected to reach capacity by next month.

Reusable is optional

Through a pilot program launched in Vancouver in June 2023, Uber Eats allows users to choose reusable packaging as an option. Dozens of merchants there began to provide zero-waste takeout containers to Uber Eats customers through Reusables.com. Customers must return their containers to participating locations within 14 days to avoid paying a deposit of up to $20 per container.

The bylaw complements new federal and provincial restrictions on single-use plastics. In July, the province enacted the CleanBC Plastics Action Plan, which banned the manufacture and use of plastic shopping bags and single-use products.

Federal Court is involved

In June 2022, the federal government published its Single-use Plastics Prohibition Regulations (the “Regulations”), that would prohibit the manufacture, import, sale and eventually export of six categories of single-use plastic (SUP) items. However, in November 2023, the federal court deemed the plan unconstitutional, arguing there is “no reasonable apprehension that (listed) plastic manufactured items are harmful.” At the time, Alberta Premier Danielle Smith criticized the decision as an example of governmental overreach that would unduly impact Alberta’s economic interests. Alberta is Canada’s premier oil producing province–petroleum is a key element of all plastics manufacture. A report by the world economic forum indicates 98% of all plastics are derived from fossil fuels.

The jurisdictional saga continues. In January, the federal Court of Appeal granted a stay on the Nov 2023 ruling from taking effect while the government appealed it. That appeal, filed in Dec 2023, is ongoing.

In this case, Victoria seems to have the authoritative voice on the issue of single-use plastics within its jurisdiction, mainly because a bylaw such as this has no bearing on the export of plastics, which was one of the sticking points in the appeal. What’s more, it has the support of major industry players.

The new bylaw was developed in collaboration with the BCRFA and was approved in July by the minister of environment and climate change strategy, George Heyman.