BYLAW NO. 09/033
BEING A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO, IN THE PROVINCE OF ALBERTA, TO PROHIBIT THE USE OF SINGLE-USE SHOPPING BAGS BY ESTABLISHMENTS OPERATING WITHIN THE BOUNDARIES OF THE REGIONAL MUNICIPALITIY OF WOOD BUFFALO
WHEREAS pursuant to Section 7(e) of the Municipal Government Act, R.S.A 2000, c.M-26, a Council may pass bylaws for municipal purposes respecting businesses, business activities and persons engaged in business;
AND WHEREAS pursuant to Section 7(i) of the Municipal Government Act, R.S.A 2000, c.M-26, a Council may pass bylaws for municipal purposes respecting the enforcement of bylaws made under the Municipal Government Act or any other enactment including any or all of the matters listed therein;
AND WHEREAS single-use bags have been determined to be detrimental to the environment;
AND WHEREAS the Council of the Regional Municipality of Wood Buffalo wishes to reduce the negative effects plastic and paper bags have on the environment;
NOW THEREFORE, the Council of the Regional Municipality of Wood Buffalo, in the Province of Alberta, hereby enacts as follows:
1. The purpose of this bylaw is to eliminate the distribution of single-use shopping bags within the Regional Municipality of Wood Buffalo, thereby decreasing the plastic and paper impact on the environment.
2. This bylaw may be cited as the “Single-use Shopping Bag Bylaw”.
3. For the purpose of administering the provisions of this bylaw, the following definitions shall apply:
a) “biodegradable bag” means any bag made with polymers that degrades and is used mainly for the transporting of goods from outlet to home;
b) “outlet” means any commercial establishment be it retail or wholesale, whose purpose is the sale of goods, including restaurants but does not include the following, as defined in Land Use Bylaw No. 99/059, or any successor legislation:
(i) food service, drive-in or drive-through;
(ii) food service, major restaurant;
(iii) food service, minor restaurant;
(iv) food service, mobile catering;
(v) food service, take out restaurant; and
(vi) liquor store;
c) “reusable bag” means any bag with handles that is specifically designed and manufactured for multiple reuse and is either:
(i) made of cloth or other machine washable fabric; and/or
(ii) made of durable plastic that is at least 2.25 mils thick and is suitable for reuse;
d) “reusable container” means any box or other container specifically designed and manufactured for multiple reuse and is:
(i) made of cloth or other machine washable fabric; or
(ii) made of other durable material suitable for reuse
e) “single-use shopping bag” means:
(i) any bag made with less than 2.25 mils thick polyethylene, including a biodegradable bag; or
(ii) any bag made of pulp;
used mainly for the transporting of goods from outlet to home, but does not include reusable bags;
f) “violation ticket” means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act, R.S.A. 2000 c. P-34, as amended or replaced from time to time, and regulations thereunder, and as referred to in Section 9. of this bylaw.
4. All outlets within the Regional Municipality of Wood Buffalo are prohibited from providing or selling single-use shopping bags.
5. No outlet in the Regional Municipality of Wood Buffalo shall deny the use of any reusable bag or resusable container by a customer for the transport of purchased items.
6. Any outlet that fails or neglects to perform the duties or requirements imposed upon it under this bylaw is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars ($10,000.00)]
7. The specified fines for an offence commented pursuant to this bylaw are:
a) 1st offence $250.00
b) 2nd offence $500.00
c) 3rd and subsequent offences $1000.00
8. In the case of an offence that is of a continuing nature, a contravention shall constitute a separate offence in respect of each day, on which that offence continues and a person guilty of such an offence is liable to a fine in an amount not less than that established by this bylaw for each such day.
9. A Peace Officer is hereby authorized and empowered to issue a violation ticket pursuant to Part II of the Provincial Offences Procedure Act, R.S.A. 2000, c.P-34, as amended, or replaced from time to time, to any person who the Peace Officer has reasonable grounds to believe has contravened any provision of this bylaw.
10. Bags provided by pharmacists to contain prescription drugs shall be exempted from this bylaw.
11. If any section or sections of this bylaw or parts thereof are found in any court of law to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this bylaw shall be deemed to be separate and independent there from and to be enacted as such.
12. A Peace Officer, upon producing proper identification, may enter any outlet and may make examinations, investigations and inquiries for enforcement purposes.
13. Where a Peace Officer has reason to believe that an outlet has contravened any provision of this bylaw, he or she may serve upon such outlet:
a) a violation ticket requiring an outlet to appear in Court with the alternative of making a voluntary payment in lieu of prosecution; or
b) a violation ticket requiring an outlet to appear in Court without the alternative of making a voluntary payment
14. The provisions of this bylaw shall become effective as of September 1, 2010.
READ a first time this 27th of October, A.D. 2009.
READ a second time this 8th day of December, A.D. 2009.
READ a third and final time this 8th day of December, A.D. 2009
SIGNED and PASSED this 17th day of December, A.D. 2009
Chief Legislative Officer Regional