toronto plastic bag ban: can the city actually do this?
Environmental activists applauded.
Retailers are scrambling.
Almost everyone is trying to find a solution to many problems.
In the most surprising big decision in recent memory, the City Council voted Wednesday to ban the use of plastic shopping bags from January. 1.
Here are the answers to many lingering questions.
Does the city really have the power to ban plastic bags?
Ford believes that if a lawsuit is filed, the judge will lift the ban.
\"We will die in court,\" he said on Thursday . \".
But that is far from certain.
\"In fact, it may be legal to ban carrying luggage,\" said City Attorney Anna kinnerstovsky . \".
\"But we haven\'t looked into it yet.
The City of Toronto Act of the province states that the city has \"broad powers\" to \"determine what is in the public interest of the City\" and \"meet the needs of the city \".
According to the Municipal Act, cities have the right to address their \"economic, social and environmental issues\" by statute\"being.
The Supreme Court of Canada upheld the pesticide ban in a town in Quebec on 2001, and the Ontario Court of Appeal upheld the Toronto pesticide ban on 2005. “The courts —
Supreme Court of Canada and Ontario Court of Appeal-
It is already clear that, as long as there is evidence that they will prevent environmental degradation, they will allow municipalities to pass the charter in the area of environmental protection, \"said Ron Kanter, a former member of parliament and a municipal attorney.
The Municipal Act provides that the court shall not revoke any bylaw of \"passing in good faith.
\"The alarming speed at which this ban has been proposed and approved may cause legal problems.
\"One of the hallmarks of \'disloyalty, \'is the failure to inform all stakeholders of the proposed charter and provide them with the opportunity to invest,\" Kanter said . \".
\"In this case, I think there is a judicial requirement, not a statutory requirement, that the person who asked for the plastic bag would have the opportunity to provide an opinion.
\"Since the actual Charter has not yet been approved and only the council\'s motion is available, the city can still hold a public meeting or otherwise allow feedback from the company.
But spokesman Brown na Brown said, \"it\'s too early to speculate on the next step.
\"What exactly will retailers do when the ban comes out?
Big companies are either uncertain or not.
\"Given the unexpected changes in the ban, we are looking at the impact of this decision on all of our businesses,\" a Canadian Tire company spokesman said . \".
\"We are weighing all the options,\" said a spokesman for the future store.
Some shops give away paper bags.
But many large chains may only offer reusable bags for sale.
Loblaww has \"no bags\" in eight stores in Canada, including one in Milton where customers can buy bins or reusable bags.
\"Reusable packages are what many of our members are now offering in their stores, and I think you will see the migration of this option, said senior vice president of retail Canada
President David Wilks
Has anyone filed a lawsuit threat at this point? No.
The Canadian Plastics Industry Association says the next steps are being considered.
Wilks said he did not comment.
\"We are continuing to consult with our members,\" he said . \".
Can the Council revoke its decision?
Yes, but it is unlikely to do so.
To reverse the decision made over the past year, it will take two people\'s support.
Three members present at the meeting.
This means that of the 24 members who voted for the ban, about 9 have to flip --flop.
City staff still have to write a completefledged bylaw.
In theory, when the Constitution is presented in the fall, the Council can veto it by a simple majority, but Brown says such a veto \"would be unprecedented.
How did this happen suddenly?
Unlike federal and provincial law agencies, it will take several months for federal and provincial law agencies to turn an idea into law, and the Council will make policy changes on a regular and dynamic basis.
Most of the major proposals are first studied by city staff and are addressed by council committees.
However, once the proposal is submitted to a meeting of the Council as a whole, any member of parliament can propose amendments to the relevant policies --
And decide the amendment once and for all on the same day.
\"This is a serious flaw in the city.
Any member of Parliament can stand up and move and leave.
There should be some sort of process before you make those decisions, \"said Vice President Gary Sands.
Chairman of the independent grocery Federation of Canada.
\"Usually it goes to the committee and people have the opportunity to make their comments,\" Sands said . \".
\"We were supposed to be the voices of our members, and I got a call saying, \'Where did this come from? \'?
There is no opportunity for our members to express their opinions.
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