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To:
From:
City of Richmond
General Purposes Committee
Tom Stewart, AScT. Director, Public Works Operations
Report to Committee
Date: July 5, 2019
File: 10-6370-01 /2019-Vol 01
Re: Single-Use Plastic and Other Items Bylaw and Implementation Plans
Staff Recommendation
1. That the following bylaws to introduce a ban on single-use plastic and other items be introduced and given first, second and third readings with an effective date of January 1, 2020:
a. Single-Use Plastic and Other Items Bylaw No. 10000; b. Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment
Bylaw No. 10063, and c. Municipal Ticket Information Bylaw No.7321, Amendment Bylaw No. 10064;
and
2. That the implementation plans for plastic straws and plastic bags, as outlined in Attachments 1 and 2 ofthe staff report dated July 5, 2019 titled, "Single-Use Plastic and Other Items Bylaw Bans and Implementation Plans" from the Director, Public Works Operations, with funding in the amount of $260,000, from the Sanitation and Recycling provision, be approved.
/ Tom Stewmi, AScT. Director, Public Works Operations (604-233-3301)
Art. 2
ROUTED TO:
Law Community Bylaws Sustainability
REVIEWED BY STAFF REPORT I AGENDA REVIEW SUBCOMMITTEE
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REPORT CONCURRENCE
CONCURRENCE
0 0 0
INITIALS:
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Staff Report
Origin
This report responds to the following resolutions from the May 21, 2019 Special Council Meeting where the staff report, "Single-Use Plastic Items- City of Vancouver Proposals" was considered. The resolutions are as follows:
(1) That: a. staff be directed to bring forward appropriate bylaw amendments to the Business
Regulation Bylaw No. 7360 to ban the commercial use or commercial distribution of foam cups, foam plates and foam take-out containers effective January 1, 2020, with exceptions provided for charitable organizations and hospital/care facilities;
b. staff be directed to bring forward appropriate bylaw amendments to the Municipal Ticket Information Bylaw No. 7321 to incorporate a ticketing provision for those businesses who violate Business Regulation Bylaw 7360 as amended per item (a) above, effective January 1, 2020; and
c. staff be directed to bring forward appropriate bylaw amendments to the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 to incorporate a fine of $250 for each instance where a business violates Business Regulation Bylaw No. 7360 as amended per item (a) above, effective January 1, 2020;
(2) That the implementation plan, as outlined in Attachment 2, withfitnding in the amount of $3 00,000, from the Sanitation and Recycling provision, to support implementation of a foam cups, foam plates and foam take-out containers ban, be approved;
(3) That funding for ongoing support, education and byla-w enforcement, for item (a) above, be includedfor Council's consideration in the 2020 andfitture Sanitation and Recycling utility budget and rates;
(4) That staffbringforward two resolutions for the 2019 Union of British Columbia Municipalities convention requesting the provincial government's support to address single-use items by:
a. adopting a comprehensive provincial single-use item reduction strategy; and b. developing provincial standards for compostable single-use items ensuring they
are designed to fully biodegrade if littered in the natural environment, that any standards and certifications for compostability are aligned with provincial composting infrastructure, and that compostable single-use items are collected and managed through an extended producer responsibility program that covers the residential and commercial sectors as well as materials from the public realm;
(5) That the Mayor write the Chair of the Greater Vancouver Sewerage and Drainage District Board and the Ministry of Environment and Climate Change Strategy to develop a provincial single-use item reduction strategy;
(6) That staff be directed to bring forward appropriate bylaw amendments to ban straws, similar to the City of Vancouver's approach, together with an implementation plan and budget effective January 1, 2020, and also report back on the City of Vancouver's research being undertaken regarding the ban on straws;
(7) That staff be directed to examine the issue of single-use food utensils, and report back; (8) That staff be directed to bring forward appropriate bylaw amendments to prohibit the
commercial use or commercial distribution of plastic checkout bags and regulate paper
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and reusable bags with incremental fees, effective January I, 2020, with appropriate exemptions listed in Table 2, in the staff report titled "Single-Use Plastic Items City of Vancouver Proposals", dated May I2, 20I9 from the Director, Public Works, with a sixmonth grace period to permit the use of existing plastic bag stock that was purchased by a business prior to the first reading of the bylaw; and
(9) That staff be directed to bringfonvard an implementation plan and budget to prohibit plastic checkout bags, for item (8) above.
This report presents the appropriate regulatory bylaws and additional information as directed by Council.
Analysis
Bylaws
A new Single-Use Plastic and Other Items Bylaw is presented to encompass the items to be banned. This bylaw will prohibit the distribution of the items as noted effective January 1, 2020. In addition, appropriate bylaw amendments to incorporate non-compliance enforcement and fines are included with this report.
A summary of each of the bylaws presented with this repmi is outlined below:
1. Single-Use Plastic and Other Items Bylaw No. I 0000:
6213867
This Bylaw prohibits businesses from providing foam containers to customers for transporting prepared food or beverages, including but not limited to, plates, cups, bowls, trays, cartons and hinged or lidded containers. The provisions exempt hospitals and licensed community care facilities. Charitable societies or charitable organizations are exempt for a period of one year. Prepared food containers that are filled and sealed outside the City are exempted. With the exception of hospitals, licensed care facilities and charitable societies or organizations, businesses have a six month period, commencing January 1, 2020, from which to use up any existing supplies offoam containers.
Bylaw 10000 fmiher prohibits food vendors from providing plastic straws, including those made from biodegradable plastic or compostable plastic. There is an exemption which allows businesses to provide a plastic straw to persons with a disability and/or other accessibility needs upon request. As with foam containers, businesses have a six month period, commencing January 1, 2020, from which to exhaust any existing supplies of plastic straws. The bylaw provisions do not restrict the sale of straws (including plastic straws) intended for use at a customer's home or business provided they are sold in packages of multiple straws.
Businesses are further prohibited from providing plastic checkout bags to customers, including those made from biodegradable plastic or compostable plastic. A six month grace period, commencing January 1, 2020, for using up existing supplies is provided. Exemptions are provided in the bylaw for plastic checkout bags that are returned by customers for reuse (a common practise in thrift stores). A list of exemptions is also included for plastic checkout bags that are used to package loose items, such as fruit,
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vegetables, hardware items, prepared foods that are not pre-packaged as well as other similar items. The bylaw provisions do not restrict the sale of plastic bags intended for use at a customer's home or business provided they are sold in packages of multiple bags. Initially, provisions to regulate the distribution of paper and reusable bags have not been included in the bylaw. Preliminary feedback has indicated that the imposition of fees requires further review and may have financial implications for both businesses and the public. These are provisions which may be considered at a later time when the effectiveness of the bylaw is able to be assessed.
Offences and penalties include a $2,000 fine for providing false information as well as fines of a maximum $10,000 per day on conviction.
This bylaw will be effective January 1, 2020.
2. Municipal Ticket Information Bylaw No. 7321, Amendment Bylaw No. 10063:
The amendments included for this bylaw will allow tickets to be issued for any business that provides foam containers, plastic straws and plastic checkout bags in violation of Bylaw 10000.
The ticketing provisions derived in this bylaw are appealed in Provincial court and carry fines of up to $500 per occurrence. If the proposed bylaws are adopted, tickets could be issued as of July 1, 2020 (after the expiry of the six month grace period).
3. Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment Bylaw No. 10064:
The amendments included for this bylaw will allow tickets of $250to be issued per offense to any business that sells or provides prepared food in foam containers, provides straws to customers or provides a plastic checkout bag to a customer outside of the provisions ofBylaw 10000.
Fines under this bylaw are considered administrative penalties and are appealed through adjudication. Although fines for bylaw violation notices are lower than for municipal tickets the cost to administer these tickets is less and the tickets can be mailed rather than issued in person. As with the municipal tickets, these tickets could be applied as of July 1, 2020.
Retail Ban of Single-Use Plastic and Other Items
At the May 21, 2019 Special Council Meeting, it was asked if the sale of foam containers, plastic straws and other non-reusable single-use plastic and other items can be banned from all Richmond businesses, including banning large retailers from selling these items. If the City chooses to move forward with such a ban, the City's Law Department will provide Committee with further advice on this matter. For the purposes of this report, it is understood that municipal regulation of the conduct of business, including prohibiting certain types of transactions, is a well-established aspect of a valid business regulation in British Columbia. This understanding stems from recent court decisions such as the International Bio Research dba Pet Habitat, eta!.
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v. Richmond case which upheld the City's bylaw banning the sale of puppy retail sales and the Canadian Plastic Bag Assn. v. Victoria where the Court upheld a bylaw banning the sale of single-use plastic bags. It should be noted that the British Columbia Court of Appeal is scheduled to hear the latter case, meaning the ruling upholding the plastic bag ban may be overruled.
Implementation Plans
Projected implementation plans and budgets for plastic straws and plastic bags, as directed by Council, are included with this report (Attachments 1 and 2). (Staff note the implementation plan for single-use foam items was previously approved by Council.) The implementation plans contained in Attachments 1 and 2 identify key actions, timelines and steps required to implement and educate businesses and residents about the plastic straw and plastic bag bans, including resource tools and compliance efforts. The implementation plans include estimated costs for 2019 to prepare for the introduction of the bans as well as projected (2020) future/on-going estimated costs. The combined costs for ban implementation for plastic straws and plastic bags in 2019 are estimated at $260,000. If approved, this amount could be funded from the Sanitation and Recycling provision.
Estimated costs in 2020 include amounts for on-going education, administration and enforcement, and are estimated at $450,000 plus $45,000 for capital expenditures (staffing resources, vehicle, workstations, etc.). These amounts will be further reviewed for inclusion in the appropriate 2020 operating and utility budgets, should the implementation plans be approved.
Other Referral Items
The following section provides an update on other actions taken to date to comply with the direction provided by Council.
UBCM Resolutions
Resolutions with respect to the development of a comprehensive provincial single-use item reduction strategy and compostable single-use items have been prepared and presented to Council separately in order to meet the June 30 UBCM submission deadline.
The resolution concerning single-use items mirrors that ofthe City ofVancouver and is intended to create a provincial standard to help achieve harmonization for businesses and residents relating to single-use items. The resolution pertaining to compostable packaging standards is intended to ensure standards and certifications for compostable packaging are aligned with composting infrastructure and are further managed through the extended producer responsibility program.
Provincial Single-Use Item Reduction Strategy Correspondence
On behalf of Council, letters have been sent to the Chair of the Greater Vancouver Sewerage and Drainage District Board and the Ministry of Environment and Climate Change Strategy to develop a provincial single-use item reduction strategy.
Single-Use Food Utensils
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Single-use food utensils are typically considered to include knives, forks, spoons and chopsticks. They can be used for take-out, fast-food, street carts and for food delivery services.
Plastic utensils are predominately made from a mix of low-grade plastics, including polypropylene and polystyrene. Some of the challenges with recycling plastic utensils include:
• They are commonly contaminated with food residue.
• While polypropylene and polystyrene are recyclable, utensils can be made from mixed plastic materials, making it difficult to distinguish for sorting and making into new products.
• There are no processors locally that accept utensils for recycling.
The benefits of single-use plastic utensils are they are inexpensive, lightweight, convenient, sanitary, and do not consume water or generate wastewater to clean.
Current alternatives to single-use plastic utensils include:
• Reusable utensils, or
• Fibre based, uncoated or wooden cutlery (accepted by local composting facilities). Coatings on paper or wooden cutlery is an issue to be mindful of since some can be coated with a plastic lining. Only natural/cellulose type coatings would be acceptable for composting processes.
The availability of these products and cost discrepancy between alternatives and plastic cutlery has not been reviewed at this time.
Staff note that the City of Vancouver "Single-Use Item Reduction Strategy 2018-2025" discusses a by-request bylaw for single-use utensils. Such a bylaw would prohibit businesses from providing single-use utensils unless the customer is first asked if they are needed. Early findings show that some stakeholders have indicated they currently only provide single-use utensils only when requested by the customer. Other stakeholders have raised concerns about slowed service, safety risk, and inadvertently increasing waste. Consultation on single-use utensils is on-going and Vancouver staff will report back with additional details in November 2019. Staff will continue to monitor developments in this regard.
In the European Union, a Single-Use Plastics Directive was adopted on March 27, 2018 which included banning of plastic cutlery. The Directive has two years from formal adoption to transpose the legislation into national laws. It is unclear how the issue of plastic cutlery is to be addressed as part of this directive.
In their 2018 Waste Composition Study, Metro Vancouver identified approximately 330,000 utensils in the total regional waste stream, 50% of which were identified as wood (i.e. chopsticks or wooden utensils).
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Financial Impact
The projected implementation cost in 2019 for plastic straws and plastic bags per the implementation plans provided with this report is $260,000. If approved, these costs can be funded from the Sanitation and Recycling Provision.
The estimated annual operating budget impact commencing in 2020 is $450,000, plus capital costs of $45,000. This amount will be included in the appropriate 2020 budget submissions for Council's consideration should the implementation plans as presented with this report be approved.
Conclusion
This report presents the appropriate regulatory amendments to ban foam containers, plastic straws and plastic checkout bags effective January, 2020. Implementation plans to provide outreach, education, compliance and enforcement efforts are also provided for Council's consideration.
Suzanne Bycraft Manager, Fleet and Environmental Programs (604-233-3338)
SJB:kn
Att. 1: City of Richmond Single-Use Plastic and Other Items Implementation Plan: Plastic Straws
2: City of Richmond Single-Use Plastic and Other Items Implementation Plan: Plastic Checkout Bags
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ce s
uppo
rt f
or c
omm
unit
y ou
trea
ch a
nd r
espo
nse
to
enqu
irie
s w
ith
the
obje
ctiv
e o
f obt
aini
ng v
olun
tary
com
plia
nce
via
educ
atio
n an
d pr
ovis
ion
of r
esou
rce
mat
eria
ls.
Cos
ts s
plit
wit
h C
heck
out B
ags
impl
emen
tati
on b
udge
t. --
--
--
--
---
----
--
....
.. --
. -
'
6213
867
CNCL - 61
July
5, 2
019
-1
2-
Att
ach
men
t 1
( con
t' d
) C
ity
of R
ich
mon
d S
ingl
e-U
se P
last
ic a
nd O
ther
Ite
ms
Imp
lem
enta
tion
Pla
n: P
last
ic S
traw
s (c
ont'
d)
B. P
last
ic S
traw
s
Act
ion
Tim
elin
es
Pro
ject
ed 2
019
Pro
ject
ed
Impl
emen
tati
on
2020
Ong
oing
C
ost
Cos
t
(b)
Byl
aw E
nfor
cem
ent:
Ja
nuar
y, 2
020
$60,
000.
00
Byl
aw S
taff
: In
corp
orat
e en
forc
emen
t for
pla
stic
str
aw b
an a
s a
(Ope
rati
ng)
com
pone
nt o
f enf
orce
men
t for
Sin
gle-
Use
Pla
stic
and
Oth
er I
tem
s $2
2,50
0.00
B
ylaw
. (C
apit
al)
One
byl
aw e
nfor
cem
ent p
osit
ion.
Gen
eral
enf
orce
men
t app
roac
h is
out
line
d be
low
: (a
) D
istr
ibut
e w
arni
ng le
tter
to b
usin
ess
foun
d in
non
-com
plia
nce.
(b
) If
busi
ness
rem
ains
in
non-
com
plia
nce-
issu
e a
fine
of$
250.
00
unde
r th
e by
law
. (c
) R
efer
ral t
o pr
osec
utio
n fo
r no
n-co
mpl
iant
bus
ines
s.
Cos
ts s
plit
wit
h P
last
ic B
ag im
plem
enta
tion
bud
get.
6 A
dvoc
acy
Incl
uded
pla
stic
dri
nkin
g st
raw
s as
a c
ompo
nent
of t
he S
ingl
e-U
se
Inco
rpor
ated
into
U
BC
M
Item
adv
ocac
y le
tter
s to
the
Cha
ir o
f the
Gre
ater
Van
couv
er S
ewer
Ju
ly 2
2, 2
019
Res
olut
ion:
an
d D
rain
age
Dis
tric
t Boa
rd a
nd th
e M
inis
try
of E
nvir
onm
ent a
nd
repo
rt to
Cou
ncil
. S
epte
mbe
r 23-
27,
Cli
mat
e C
hang
e S
trat
egy
requ
esti
ng s
uppo
rt f
or t
he d
evel
opm
ent
of
2019
a
Pro
vinc
ial
Sin
gle-
Use
Ite
m R
educ
tion
Str
ateg
y.
7 A
dmin
istr
atio
n $8
0,00
0.00
(a)
Ded
icat
ed c
oord
inat
ion
for
Sin
gle-
Use
Pla
stic
and
Oth
er I
tem
s C
omm
ence
upo
n B
ylaw
($90
,000
-sp
lit w
ith
Che
ckou
t Bag
s bu
dget
).
Cou
ncil
app
rova
l. (b
) O
utre
ach
supp
ort;
i.e
. ca
ll/c
omm
unic
atio
ns r
epre
sent
ativ
e ($
70,0
00 s
plit
wit
h C
heck
out B
ags
budg
et).
6213
867
i i
CNCL - 62
July
5,
2019
-
13 -
Att
achm
ent 1
( co
nt' d
) C
ity
of R
ichm
ond
Sin
gle-
Use
Pla
stic
an
d O
ther
Ite
ms
Impl
emen
tati
on P
lan:
Pla
stic
Str
aws
(con
t'd)
B.
Pla
stic
Str
aws
Act
ion
Tim
elin
es
Pro
ject
ed 2
019
Pro
ject
ed
Impl
emen
tati
on
2020
Ong
oing
C
ost
Cos
t
To
tal2
01
9 E
stim
ated
Cos
ts (
on-g
oing
cos
ts t
o be
ide
ntif
ied
in
$130
,000
.00
$247
,500
.00
2020
an
d s
ubse
quen
t bu
dget
s)
6213
867
CNCL - 63
July
5, 2
019
-1
4-
Att
ach
men
t 2
Cit
y o
f Ric
hm
ond
Sin
gle-
Use
Pla
stic
and
Oth
er I
tem
s Im
ple
men
tati
on P
lan:
Pla
stic
Ch
eck
out
Bag
s
C. P
last
ic C
hec
kou
t B
ags
Act
ion
Tim
elin
es
Pro
ject
ed 2
019
Pro
ject
ed 2
020
Impl
emen
tati
on
On
goin
g C
ost
Cos
t
1 B
ylaw
Dev
elop
men
t
(a)
In th
e ne
w S
ingl
e-U
se P
last
ic a
nd O
ther
Ite
ms
Byl
aw,
incl
ude
a ba
n In
clud
e in
Ja
nuar
y 1,
202
0 w
hich
pre
vent
s bu
sine
sses
fro
m p
rovi
ding
a p
last
ic b
ag f
or t
he p
urpo
se o
f by
law
s to
Jul
y tr
ansp
orti
ng i
tem
s pu
rcha
sed
or re
ceiv
ed b
y a
cust
omer
. 22
,201
9 D
urin
g 20
20,
(b)
Am
end
Mun
icip
al T
icke
t Inf
orm
atio
n A
utho
riza
tion
Byl
aw N
o. 7
321
Cou
ncil
re
view
Byl
aw
to a
dd ti
cket
ing
prov
isio
ns f
or P
last
ic B
ags.
m
eeti
ng f
or
perf
orm
ance
and
(c
) A
men
d N
otic
e o
f Byl
aw V
iola
tion
dis
pute
Adj
udic
atio
n B
ylaw
No.
ap
prov
al.
eval
uate
whe
ther
81
22 to
inc
orpo
rate
fin
es.
the
impo
siti
on o
f a
fee
stru
ctur
e to
m
inim
ize
sing
le-
use
pape
r ba
gs is
to
be
reco
mm
ende
d fo
r C
ounc
il
cons
ider
atio
n.
2 R
esou
rce
Too
lkit
$4
0,00
0.00
$1
5,00
0.00
(a)
Eng
age
cons
ulti
ng s
uppo
rt to
dev
elop
an
alte
rnat
ive/
suit
able
mat
eria
ls
Com
men
ce
Del
iver
/pro
vide
op
tion
s gu
ide
in E
ngli
sh, M
anda
rin
and
Can
tone
se l
angu
ages
. de
velo
pmen
t in
form
atio
n (b
) D
evel
op a
byl
aw a
war
enes
s to
olki
t for
bus
ines
ses
wit
h pr
inte
d on
Cou
ncil
th
roug
h ef
fect
ive
mat
eria
ls to
be
used
in s
tore
to i
nfor
m e
mpl
oyee
s an
d cu
stom
ers
abou
t ap
prov
al.
date
ofb
ylaw
and
th
e C
ity
byla
w c
hang
es.
beyo
nd,
as
(c)
Pla
in la
ngua
ge d
escr
ipti
ons
of t
he b
ylaw
req
uire
men
ts a
nd e
ffec
tive
re
quir
ed.
date
s.
(d)
Fre
quen
tly
Ask
ed Q
uest
ions
for
bus
ines
s em
ploy
ees
to a
nsw
er p
ubli
c qu
esti
ons
in-s
tore
. (e
) R
oll
out t
oolk
it w
ith
affe
cted
bus
ines
ses.
6213
867
CNCL - 64
July
5, 2
019
-15
-
Att
ach
men
t 2
( con
t' d
) C
ity
of R
ich
mon
d S
ingl
e-U
se P
last
ic a
nd
Oth
er I
tem
s Im
ple
men
tati
on P
lan:
Pla
stic
Ch
eck
out
Bag
s (c
ont'
d)
C. P
last
ic C
heck
out
Bag
s
Act
ion
Tim
elin
es
Pro
ject
ed 2
019
Pro
ject
ed 2
020
Impl
emen
tati
on
Ong
oing
Cos
t C
ost
3 E
duca
tion
$6
5,00
0.00
$2
0,00
0.00
Eng
age
cons
ulti
ng s
uppo
rt to
ass
ist w
ith
deve
lopm
ent
and
deli
very
of a
n C
omm
ence
D
eliv
er th
roug
h ou
trea
ch p
rogr
am a
nd r
elat
ed m
ater
ials
to r
aise
aw
aren
ess
abou
t new
up
on C
ounc
il
effe
ctiv
e da
te o
f re
quir
emen
ts a
nd th
e ne
ed to
red
uce
sing
le-u
se p
last
ic a
nd o
ther
item
s:
appr
oval
. by
law
and
on-
goin
g in
202
0.
Bus
ines
s:
(a)
Com
mun
icat
ion
thro
ugh
the
Cha
mbe
r o
f Com
mer
ce a
nd o
ther
bu
sine
ss a
ssoc
iati
ons,
inc
ludi
ng n
on-E
ngli
sh s
peak
ing
busi
ness
ow
ners
. (b
) C
ity
host
ed w
orks
hops
(E
ngli
sh, M
anda
rin
and
Can
tone
se l
angu
ages
).
(c)
Dir
ect m
ail t
o af
fect
ed b
usin
ess.
(d
) B
ill i
nser
t wit
h bu
sine
ss l
icen
se r
enew
al/t
ax n
otic
e to
aff
ecte
d bu
sine
sses
. (e
) B
ylaw
Bul
leti
n (E
ngli
sh, M
anda
rin
and
Can
tone
se l
angu
ages
) (f
) G
uide
out
lini
ng a
lter
nati
ve m
ater
ials
and
ans
wer
s to
fre
quen
tly
aske
d qu
esti
ons.
Gen
eral
Pub
lic
(Eng
lish,
Man
dari
n an
d C
anto
nese
lan
guag
es):
C
omm
ence
D
eliv
er th
roug
h (a
) N
ews
Rel
ease
up
on C
ounc
il
effe
ctiv
e da
te o
f (b
) M
edia
Eve
nt
appr
oval
. by
law
and
on-
(c)
Soc
ial M
edia
go
ing
in 2
020.
(d
) W
ebsi
te
(e)
Des
igna
ted
emai
l an
d ho
tlin
e (f
) In
form
atio
n di
spla
y hi
ghli
ghti
ng a
lter
nati
ve m
ater
ials
-u
se a
t ev
ents
an
d in
Cit
y fa
cili
ties
(g
) B
ill i
nser
t in
util
ity
noti
ce
6213
867
CNCL - 65
July
5, 2
019
-1
6-
Att
achm
ent 2
( co
nt' d
) C
ity
of R
ichm
ond
Sin
gle-
Use
Pla
stic
an
d O
ther
Ite
ms
Impl
emen
tati
on P
lan:
Pla
stic
Che
ckou
t Bag
s (c
ont'd
)
C.
Pla
stic
Che
ckou
t B
ags
Act
ion
Tim
elin
es
Pro
ject
ed 2
019
Pro
ject
ed 2
020
Impl
emen
tati
on
Ong
oing
Cos
t C
ost
4 E
nfor
cem
ent
(a)
Com
plia
nce
Out
reac
h:
Com
men
ce
$25,
000.
00
$50,
000.
00
Env
iron
men
tal P
rogr
ams
Staf
f: I
ncor
pora
te a
s pa
rt o
f add
itio
nal
upon
Cou
ncil
te
mpo
rary
sta
ffin
g/re
sour
ce s
uppo
rt id
enti
fied
for
Sin
gle-
Use
Pla
stic
and
ap
prov
al
Oth
er I
tem
s fo
r co
mm
unit
y ou
trea
ch a
nd r
espo
nse
to e
nqui
ries
wit
h th
e ob
ject
ive
of o
btai
ning
vol
unta
ry c
ompl
ianc
e vi
a ed
ucat
ion
and
prov
isio
n o
f res
ourc
e m
ater
ials
.
Cos
ts s
plit
wit
h P
last
ic S
traw
s im
plem
enta
tion
bud
get.
(b)
Byl
aw E
nfor
cem
ent:
Ju
ly,
2020
$6
0,00
0.00
B
ylaw
s: I
ncor
pora
te e
nfor
cem
ent f
or p
last
ic s
traw
ban
as
a co
mpo
nent
of
(Ope
rati
ng)
Sin
gle-
Use
Pla
stic
and
Oth
er I
tem
s B
ylaw
. $2
2,50
0.00
(C
apit
al)
One
byl
aw e
nfor
cem
ent p
osit
ion.
Gen
eral
enf
orce
men
t app
roac
h is
out
line
d be
low
: (a
) D
istr
ibut
e w
arni
ng l
ette
r to
busi
ness
fou
nd i
n no
n-co
mpl
ianc
e.
(b)
If b
usin
ess
rem
ains
in
non-
com
plia
nce
-is
sue
a fm
e o
f $25
0.00
und
er
the
byla
w.
(c)
Ref
erra
l to
pros
ecut
ion
for
non-
com
plia
nt b
usin
ess.
Cos
ts s
plit
wit
h P
last
ic S
traw
s im
plem
enta
tion
bud
get.
--
---
---
---
--
---············-----
6213
867
CNCL - 66
July
5, 2
019
-1
7-
Att
achm
ent 2
( co
nt' d
) C
ity
of R
ichm
ond
Sin
gle-
Use
Pla
stic
an
d O
ther
Ite
ms
Impl
emen
tati
on P
lan:
Pla
stic
Che
ckou
t Bag
s (c
ont'd
)
C. P
last
ic C
hec
ko
ut
Bag
s
Act
ion
Tim
elin
es
Pro
ject
ed 2
019
Pro
ject
ed 2
020
Impl
emen
tati
on
Ong
oing
Cos
t C
ost
5 A
dvoc
acy
Incl
uded
pla
stic
bag
s as
a c
ompo
nent
oft
he
Sin
gle-
Use
Ite
m a
dvoc
acy
Inco
rpor
ate
UB
CM
le
tter
s to
the
Cha
ir o
f the
Gre
ater
Van
couv
er S
ewer
and
Dra
inag
e D
istr
ict
into
Jul
y 22
, R
esol
utio
n:
Boa
rd a
nd th
e M
inis
try
of E
nvir
onm
ent a
nd C
lim
ate
Cha
nge
Str
ateg
y 20
19 r
epor
t to
Sep
tem
ber 2
3-27
, re
ques
ting
sup
port
for
the
dev
elop
men
t of a
Pro
vinc
ial
Sin
gle-
Use
Ite
m
Cou
nciL
20
19
Red
ucti
on S
trat
egy.
6 A
dmin
istr
atio
n $8
0,00
0.00
(a)
Ded
icat
ed c
oord
inat
ion
for
Sin
gle-
Use
Pla
stic
and
Oth
er I
tem
s B
ylaw
($
90,0
00 -
spli
t wit
h S
traw
bud
get)
. (b
) O
utre
ach
supp
ort;
i.e
. ca
ll/c
omm
unic
atio
ns r
epre
sent
ativ
e ($
70,0
00
spli
t wit
h S
traw
bud
get)
.
To
tal2
01
9 E
stim
ated
Cos
ts (
ongo
ing
cost
s to
be
iden
tifi
ed i
n 20
20
$130
,000
.00
$247
,500
.00
and
su
bse
qu
ent
budg
ets)
6213
867
CNCL - 67
City of Richmond Bylaw 10000
SINGLE-USE PLASTIC AND OTHER ITEMS BYLAW NO. 10000
WHEREAS Part 2, Division 1, Section 8( 6) of the Community Charter confers upon the City authority to, by bylaw, regulate in relation to business;
AND WHEREAS Council deems it desirable to regulate the use of single-use plastic and other items;
NOW THEREFORE, the Council enacts as follows:
PART ONE: FOAM CONTAINERS
1.1 No Business shall sell or otherwise provide Prepared Food in any Food Service Ware that contains Polystyrene Foam.
1.2 Section 1.1 shall not apply to:
a) a hospital, or any facility licensed as a community care facility under the Community Care and Assisted Living Act;
b) subject to Section 6.3 ofthis Bylaw, organizations incorporated and in good standing under the Society Act, or registered as a charitable society or organization under the federal Income Tax Act; or
c) prepared food containers that have been filled and sealed outside the City prior to arrival at the premises or location where the holder of a Licence operates.
PART TWO: PLASTIC STRAWS
2.1 No Business shall sell or otherwise provide any Plastic Straws.
2.2 Section 2.1 shall not apply in instances where a Business sells or otherwise provides a Plastic Straw to persons with a disability and/or other accessibility needs who request a Plastic Straw.
2.3 Part Two does not limit or restrict the sale of straws, including Plastic Straws, intended for use at the customer's home or business, provided that they are sold in packages of multiple straws.
6197835 CNCL - 68
Bylaw 10000 Page 2
PART THREE: PLASTIC CHECKOUT BAGS
3.1 Except as provided in this Bylaw, no Business shall sell or otherwise provide a Plastic Checkout Bag to a customer.
3.2 A Business may sell or otherwise provide a Plastic Checkout Bag to a customer only if:
a) the Plastic Checkout Bag has been returned to the Business for the purpose of being reused by other customers;
b) the Plastic Checkout Bag is used for any of the following:
1. package loose bulk items such as fruit, vegetables, nuts, grains or candy;
11. package loose small hardware items such as nails or bolts;
111. contain or wrap frozen foods, meat, poultry or fish, whether pre-packaged or not;
IV. wrap flowers or potted plants;
v. protect prepared foods or bakery goods that are not pre-packaged;
v1. contain prescription drugs received from a phmmacy;
v11. transport live fish;
vm. protect linens, bedding or other similar large items;
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.
3.3 Part Three 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.
PART FOUR: OFFENCES AND PENALTIES
4.1 Any person who:
6197835
a) violates or contravenes any provision of this Bylaw, or who causes or allows any provision of this Bylaw to be violated or contravened;
b) fails to comply with any of the provisions ofthis Bylaw;
CNCL - 69
Bylaw 10000 Page 3
c) neglects or refrains from doing anything required under the provisions of this Bylaw; or
d) obstructs, or seeks or attempts to prevent or obstruct a person who is involved in the execution of duties under this Bylaw,
commits an offence and upon conviction shall be liable to a fine of not less than One Thousand Dollars ($1,000.00) and not more than Ten Thousand Dollars ($10,000.00), in addition to the costs of the prosecution, and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence.
4.2 A violation of any of the provisions identified in this Bylaw shall result in liability for penalties and late payment amounts established in Schedule A of the Notice of Bylavv Violation Dispute Adjudication Bylaw No. 8122, as amended or replaced from time to time.
4.3 A violation of any of the provisions identified in this Bylaw shall be subject to the procedures, restrictions, limits, obligations and rights established in the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60, as they may be amended or replaced from time to time.
4.4 Any person who gives false information required under this Bylaw is deemed to have committed an infraction of, or an offence against, this Bylaw, and is liable on summary conviction to a penalty of not more than $2,000 in addition to the costs of the prosecution, and each day that such violation is caused or allowed to continue constitutes a separate offence.
PART FIVE: INTERPRETATION
5.1 In this Bylaw, unless the context requires otherwise:
BUSINESS
CITY
FOOD SERVICE WARE
LICENCE
6197835
means any person, organization, or group engaged in a trade, business, profession, occupation, calling, employment or purpose that is regulated under the City's Business Licence Bylaw No. 7360 and includes a person employed by, or operating on behalf of, a Business.
means the City of Richmond.
means products used for serving or transporting prepared food or beverages including, but not limited to, plates, cups, bowls, trays, cartons and hinged or lidded containers.
means a business licence issued by the City pursuant to the City's Business Licence Bylaw No. 7360.
CNCL - 70
Bylaw 10000 Page4
PLASTIC CHECKOUT BAG means any bag made with plastic, including biodegradable plastic or compostable plastic that is:
PLASTIC STRAW
POLYSTYRENE FOAM
PREPARED FOOD
PART SIX: GENERAL
(a) 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; or
(b) intended to be used to package take-out or delivery food.
means any drinking straw made with plastic, including biodegradable plastic or compostable plastic.
means blown polystyrene and expanded and extruded foams composed of thermoplastic petrochemical materials containing a styrene monomer and processed by any technique including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
means any food or beverage prepared for consumption by a Business at that person's licensed premises or location, using any cooking or food preparation technique. Prepared food does not include any raw uncooked food, including meat, poultry, fish, seafood, eggs or vegetables unless provided for consumption without further food preparation.
6.1 If any section, section, paragraph, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Bylaw.
6.2 This Bylaw is to come into force and effect January 1, 2020, except Part 4 which comes into force and effect on July 1, 2020.
6.3 Section 1.2(b) will cease to be of force and effect on January 1, 2021.
6197835 CNCL - 71
Bylaw 10000 Page 5
6.4 This Bylaw is cited as "Single-Use Plastic and Other Items Bylaw 10000".
FIRST READING CITY OF RICHMOND
APPROVED
SECOND READING for content by originating
THIRD READING S?; APPROVED
ADOPTED for legality by Solicitor
t'£>
MAYOR CORPORATE OFFICER
6197835 CNCL - 72
City of Richmond Bylaw 10063
Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment Bylaw No. 10063
The Council ofthe City of Richmond enacts as follows:
1. Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended, is further amended at Part One -Application by adding the following in proper alphabetical order:
"Single-Use Plastic and Other Items Bylaw 1 0000;"
2. Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended, is further amended by adding to the end of the table in Schedule A of Bylaw No. 8122 the content of the table in Schedule A attached to and forming part of this bylaw.
3. This Bylaw is cited as "Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment Bylaw No.10063".
FIRST READING CITY OF RICHMOND
APPROVED SECOND READING for content by
originating Division
THIRD READING .J25 APPROVED for legality
ADOPTED by Solicitor
~
MAYOR CORPORATE OFFICER
6198746 CNCL - 73
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6198
746
CNCL - 74
City of Richmond Bylaw 10064
Municipal Ticket Information Authorization Bylaw No. 7321, Amendment Bylaw No. 10064
The Council ofthe City of Richmond enacts as follows:
1. Municipal Ticket Information Authorization Bylaw No. 7321, as amended, is further amended in Schedule A by adding in the proper alphabetical order "Single-Use Plastic and Other Items Bylaw No. 10000 ".
2. Municipal Ticket Information Authorization Bylaw No. 7321, as amended, is further amended by adding the following Schedule B 18:
SCHEDULE B 18
SINGLE-USE PLASTIC AND OTHER ITEMS BYLAW NO. 10000
Offence Section Selling or otherwise providing 1.1 Prepared Food in any Food Service Ware that contains Polystyrene Foam
Selling or otherwise providing 2.1 any Plastic Straws.
Selling or otherwise providing 3.1 a Plastic Checkout Bag to a customer.
[The remainder of this page is intentionally left blank]
6198761
Fine $500.00
$500.00
$500.00
CNCL - 75
Bylaw 10064 Page2
3. This Bylaw is cited as "Municipal Ticket Information Authorization Bylaw No. 7321, Amendment Bylaw No.10064".
FIRST READING CITY OF RICHMOND
APPROVED SECOND READING for content by
originating dept.
THIRD READING ~ APPROVED for legality
ADOPTED by Solicitor
£B
MAYOR CORPORATE OFFICER
6198761
CNCL - 76
City of Richmond
To: Mayor and Councillors
From: Suzanne Bycraft Manager, Fleet and Environmental Programs
TO: MAYOR & EACH COUNCILLOR
FROM: CITY CLERK'S OFFICE
Memorandum Engineering and Public Works
Date: July 18, 2019
File: 1 0-6370-01/2019-Vol 01
Re: Revised Single-Use Plastic and Other Items Community Engagement Plan and B law
This memo provides additional information arising from the General Purposes Committee meeting on July 15, 2019 (the "Meeting").
The City's Single-Use Plastic and Other Items Bylaw No. 10000 (the "Proposed Bylaw") On July 11 , 2019, the BC Court of Appeal issued a decision which struck down the City of Victoria' s Checkout Bag Regulatio~ Bylaw (the "Victoria Bylaw"). The Court of Appeal found that the dominant purpose of the Victoria Bylaw was to protect the natural environment rather than business regulation. Therefore, in accordance with the requirements of the Community Charter, provincial approval of the bylaw by the Minister of Environment and Climate Change Strategy (the "Minister") was required before its adoption. Since Victoria had not obtained such approval, the bylaw was quashed.
The Comt of Appeal ' s decision impacts the Proposed Bylaw in that the Minister's approval of the Proposed Bylaw is now required. As such, the Proposed Bylaw has been amended to incorporate this approval component. Attachment 1 presents a blackline and final version of the Proposed Bylaw. The blackline highlights staffs suggested changes to the Proposed Bylaw to meet the ministerial approval requirement. The timeline provisions in the Proposed Bylaw have been adjusted to use the final adoption date by Council as the starting points, i.e.:
• Effective Date of the Proposed Bylaw: 6 months after Council's final adoption; • Enforcement Date ofthe Proposed Bylaw: 12 months after Council's final adoption (6
months after effective date to provide businesses time to use up existing supplies); and • Expiry of Charitable Organizations Exemption in the Proposed Bylaw: The exemption
for charitable societies and organizations will end eighteen months after Council ' s final adoption of the Proposed Bylaw.
Community Engagement Plan Staff were requested to provide an overview plan for engagement, pending an approval decision by the Minister. The proposed engagement plan is presented in Attachment 2. The engagement plan is based on the following four phases of engagement:
1) Awareness, 2) Bylaw Adoption, 3) Bylaw Effective Date, and 4) Enforcement.
6236695 ~mond CNCL - 643
July 18, 2019 - 2-
Staff propose to undertake Phase 1 - Awareness while awaiting the Minister's decision. This provides the opportunity for the business community, residents and other stakeholders to learn more about the issue, understand the process the City is pursuing, provide additional information and next steps.
Funding for Community Engagement Plan: At the special Council meeting held on May 21, 2019, $300,000 was approved to support various implementation aspects of the single-use plastics and other items strategy. This funding will be sufficient through 2019 to carry out Phase 1 - Awareness. Staff will identify any additional funding, based on expected implementation, as part of the 2020 budget preparation process.
Clarification on Other Items: Additional issues which were raised at the Meeting for which staff provide the following clarification.
Reusable Bag Definition: At the Meeting a question was asked about the reason the Proposed Bylaw does not contain a definition for a reusable bag. A definition of reusable bag is not included in the Proposed Bylaw as the bylaw regulates the use of plastic bags and not reusable bags. By contrast, the Victoria Bylaw contained a definition of Reusable Bag in part because the Victoria Bylaw regulated the price at which such a bag could be sold. Information on alternatives, including reusable bags, will be addressed through communications and outreach engagement (i.e. discussion guide, toolkit, workshops, various media, etc.) with the community.
Banner Bag Program: Each year, the City ofRichmond installs approximately 1,000 street banners throughout Richmond to beautify the downtown core and gateways into the City. Once the banners are taken down, they are transformed into reusable batmer bags. Each year, approximately 500 banner bags are produced for the City by Common Thread, a non-profit social enterprise in Vancouver, at a cost of $8 per bag. The banner bags are then made available for purchase at cost at the Community Services Office at the City Works Yard or at the Public Works Open House. As each banner can be made into four reusable bags, up to 4,000 banner bags per year could be produced, depending on the capacity of Common Thread.
Filling of Reusable Mugs: There was a question about practises observed by some businesses whereby they first place their product into a disposal cup (e.g. coffee) before pouring into an individual's reusable mug. Staffs understanding of this issue is that businesses are obligated by the B.C. Food Premises Regulation to develop a food safety plan which ensures that:
a) any consumable product is placed only in a clean and sanitized container, and b) there is no oppmiunity for reverse contamination by placing consumables into an
individual's personal container (e.g. ifthe reusable item were contaminated and then came in contact with any pmiion of the vendor's equipment, resulting in contamination of their food/consumables).
Staff expect that for these reasons, vendors exercise caution when filling reusable food/beverage containers provided by individuals.
6236695 CNCL - 644
July 18, 2019 - 3 -
Staff will be available at the July 2211ct Council meeting to respond to questions.
Suzanne Bycraft Manager, Fleet and Environmental Programs (604-233-3338)
SJB:kn
pc: SMT
6236695 CNCL - 645
July 18, 2019 - 4 -
6236695
Attachment 1
City of &~~ Richmond Bylaw 10000
SINGLE-USE PLASTIC AND OTHER ITEMS BYLAW NO. 10000
"HERLAS Part 2, Division 1, Section 8 (~Jl0) of the Community Chatter confers upon the City authority to by bylaw, regulate probjbjt and impose reguirements in relation to lnosi:aesslhs:.. protection ofthenatwal enyironmept
A!~ WHERLAS Council deems it desirable to regulate probjbjt and impose rmuicements jp .rela1i,Q,p the use of single-use. plastic and other items·
NO" THEREFORL, the Council enacts as follows:
PART ONE: FOAM CONTAINERS
1.1 No Business shall sell or othenvise provide Prepared Food in any Food Service Ware that contains Polystyrene Foam.
1.2 Section 1.1 shall not apply to:
a) a hospital, or any facility licensed as a community care facility under the Community Care and Assisted Living Act;
b) subject to Section 6.3 of this Bylaw, organizations incorporated and in good standing under the Society Act, or registered as a charitable society or organization under the federal Income Tax Act, or
c) prepared food containers that have been filled and sealed outside the City prior to arrival at the premises or location where the holder of a Licence operates.
PART T'\\ 0: PLASTIC STR..J\WS
2.1 No Business shall sell or otherwise provide any Plastic Straws.
2.2 Section 2.1 sltall not apply in instances where a Business sells or otherwise provides a Plastic Straw to persons with a disability andlor other accessibility needs who request a Plastic Straw.
2.3 Part Two does not limit or restrict the sale of straws, including Plastic Straws, intended for use at the. customer's home or business, provided that they are sold in packages ofnmltiple straws.
61P'7835
CNCL - 646
July 18, 2019 - 5 -
6236695
Attachernent 1 ( cont' d)
Bylaw 10000 Page 2
PART THREE: PLASTIC CHECKOFT BAGS
3.1 Except as provided in this Bylaw, no Business shall sell or othenvise provide a Plastic Checkout Bag to a customer.
3.2 A Business may sell or othenvise provide a Plastic Checkout Bag to a customer only if:
a) the Plastic Checkout Bag has been returned to the Business for the purpose of being reused by other customers;
b) the Plastic Checkout Bag is used for any of the following:
i. package loose bulk items such as fruit, vegetables, nuts, grains or candy;
ii. package loose small hardware items such as nails or bolts;
iii. contain or wrap frozen foods, meat, poultry or fish, whether pre-packaged or not;
iv. wrap flowers or potted plants;
v. protect prepared foods or bakery goods that are not pre-packaged;
vi. contain prescription dmgs received from a pharmacy;
vii. transport live fish;
vm. protect linens. bedding or other sin1i1ar large items;
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.
3.3 Part Three 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.
PART FOUR: OFFENCES A.i"\'D PENALTIES
4.1 Any person who:
6197835
a) violates or contravenes any provision of this Byla\v, or \Vho causes or allows any provision of this Bylaw to be violated or contravened;
b) fails to comply with any of the provisions of this Bylaw;
CNCL - 647
July 18,2019 - 6 -
6236695
Attachment 1 ( cont' d)
Bylaw 10000 Page 3
c) neglects or refrains from doing anj1hing required tmder the provisions of this Bylaw; or
d) obstmcts, or seeks or attempts to prevent or obstruct a person who is involved in the execution of duties under this Bylaw.
commits an offence and upon conviction shall be liable to a fine of not less than One Thousand Dollars ($1,000.00) and not more than Ten Thousand Dollars ($10,000.00), in addition to the costs oftbe prosecution, and where the offence is a continuing one, each day that the offence is continued shall constihlte a separate offence.
4.2 A violation of any of the provisions identified in this Byla\v shall result in liability for penalties and late payment an10unts established in Schedule A of the }lotice of Bylml' Violation Dispute Acljudication Bylaw No. 8122, as amended or replaced from time to tin1e.
4.3 A violation of any of the provisions identified in this Bylaw shall be subject to the procedures, restrictions, limits, obligations and rights established in the Notice of Bylml' Violation Dispute Adjudication B,vlmv No. 8122 in accordance with the Local Government Byltm> Notice Enforcement Act; SBC 2003, c. 60, as they may be amended or replaced from tin1e to time.
4.4 Any person who gives false information required under this Bylaw is deemed to have conunitted an infraction of, or an offence against, this Bylaw, and is liable on SUllllllafY
conviction to a penalty· of not more than $2,000 in addition to the costs of the prosecution, and each day that such violation is caused or allowed to continue constihltes a separate offence.
PART FIVE: INTERPRETATION
5.1 In this Bylaw, unless the conte.xt requires othenvise:
BUSII\"'ESS
CITY
FOOD SERVICE WARE
LICENCE
6197835
means any person, organization, or group engaged in a trade, business, profession, occupation, calling, employn1ent or purpose that is regulated under the City's Business Licence Bylaw No. 7360 and includes a person employed by, or operating on behalf of, a Business.
means the City of Richmond.
means products used for serving or transporting prepared food or beverages including, but not limited to, plates, cups, bowls, trays, cartons and hinged or lidded containers.
means a business licence issued by the City pursuant to
CNCL - 648
July 18, 2019 - 7-
6236695
Attachment 1 ( cont' d)
Bylaw 10000 Page4
the City's Business Licence Bylaw No. 7360.
PLASTIC CHECKOUT BAG means any bag made with plastic, including biodegradable plastic or compostable plastic that is:
PLASTIC STR.i\ W
POLYSTI'RENE FOAM
PREPARED FOOD
PART SIX: GENERAL
(a) 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; or
(b) intended to be used to package take-out or delivery food.
means any drinking straw made with plastic., including biodegradable plastic or compostable plastic.
means blown polystyrene and expanded and extmded foams composed ofthermoplastic petrochemical materials containing a styrene monomer and processed by any technique including, but not limited to, fusion of polymer spheres (expandable bead foan1) , injection molding, foam molding, and extmsion-blown molding (extmded foam polystyrene).
means any food or beverage prepared for constmlption by a Business at that person's licensed premises or location, using any cooking or food preparation technique. Prepared food does not inc.lude any ra\v tmcooked food, including meat, poultry, fish, seafood, eggs or vegetables unless pmvided for consumption without further food preparation.
6.1 If any section, section, paragraph, clause or phrase ofthis Bylaw is, for any reason held to be invalid by the decision of a court of competent jurisdiction, ~11ch decision does not affect the validity of the remaining portions ofthis Bylaw.
6.2 This Bylaw ffi.-4&mll. come into force and effect Jrumary 1, ~020 ,six months afier adoption except Part 4 which ~will come into force and effect on Jul:,r 1, ~{P0. 12 months after adoption
6.3 Section t2(b) will cease to be of force and effect on Jan:mry l , ?Q211 8 months after adgptjon of the Bylaw
6197835
CNCL - 649
July 18,2019 - 8 -
Attachment 1 (cont 'd)
Bylaw 10000 Page 5
6.4 Tllis Bylaw is c.ited as "Single-Use Plastic and Other Items Bylaw 10000".
6236695
FIRST READING
SECOND READING
THIRD READING
MINISTRY OF ENVIRONMENT AND Cl iMATE CHANGE STRATEGY APPROVAL
ADOPTED
MAYOR
6197835
CORPORATE OFFICER
CfTY OF RICHMOND
APPROVED ror oontent by
or1gJnoslfng crepL
APPROVED for leg~ l rly by aooortor
CNCL - 650
July 18, 2019 - 9-
6236695
City of Richmond
Attachment 1 ( cont' d)
Bylaw 10000
SINGLE-USE PLASTIC AND OTHER ITEMS BYLAW NO. 10000
WHIREAS Part 2, Division 1, Section 8(3)0) of the Community Cl!m1er confers upon the City authority to, by bylaw, regulate, prohibit and impose requirements in relation to the protection ofthe natural environment;
A1~D WHEREAS Council deems it desirable to regulate, prohibit and impose requirements in relation the use of single-use plastic and other items;
NOW THIREFORE, the Council enacts as follows:
PART ONE: FOAM CONTAINERS
1.1 No Business shall sell or othenvise provide Prepared Food in any Food Service Ware that contains Polystyrene Foam.
1.2 Section 1.1 shall not apply to:
a) a hospital, or any facility licensed as a community care facility under the Community Care and Assisted Living Act;
b) subject to Section 6.3 of this Byla·w. organizations incorporated and in good standing under the Society Act, or registered as a charitable society or organizationlmder the federal Income Tax Act; or
c) prepared food containers that have been filled and sealed outside the City prior to arrival at the premises or location ·where the holder of a Licence operates.
PART TWO: PLASTIC STRA. WS
2.1 No Business shall sell or othenvise provide any Plastic Straws.
2.2 Section 2.1 shall not apply in instances \Vhere a Business sells or othenvise provides a Plastic Straw to persons with a disability and/or other accessibility needs who request a Plastic Straw.
2.3 Part Two does not limit or restrict the sale of straws, including Plastic Straws, intended for use at the customer's home or business, provided that they are sold in packages of multiple straws.
6197835
CNCL - 651
July 18,2019 - 10-
6236695
Attachment 1 ( cont' d)
Bylaw 10000 Page2
PART THREE: PLASTIC CHECKOUT BAGS
3.1 Except as provided in this Bylaw, no Business shall sell or otherwise provide a Plastic Checkout Bag to a customer.
3.2 A Business may sell or othmvise provide a Plastic Checkout Bag to a customer only if:
a) the Plastic Checkout Bag has been returned to the Business for the pmpose of being reused by other customers;
b) the Plastic Checkout Bag is used for any of the following:
i. package loose bulk items such as fruit, vegetables, nuts, grains or candy;
iL package loose small hard\vare items such as nails or bolts;
tu. contain or wrap frozen foods, meat, poultry or fish, \Vhether pre-packaged or not;
iv. wrap flowers or potted plants;
v. protect prepared foods or bakery goods that are not pre-packaged;
vi. contain prescription dmgs received from a pham1acy;
vii. transport live fish;
viii. protect linens, bedding or other sinlilar large items;
be protect ne'\vspapers or other printed material intended to be left at the customer's residence or place of business; or
x. protect dotltes after professional laundering or dry dearling.
33 Part Three 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.
PART FOllR: OFFENCES A1'-"D PENALTIES
4.1 Any person who:
<5197835
a) violates or contravenes any provision of tllis Bylaw, or who causes or allo\vs any provision of this Byla\v to be violated or contravened;
b) fails to comply with any oft he provisions ofthis Byla\l;;
CNCL - 652
July 18,2019 - 11-
6236695
Attachment 1 (cont'd)
Bylaw 1 0000 Page 3
c) neglects orrefrains from doing anything req11ired under the provisions ofthls Bylaw; or
d) obstructs, or seeks or attempts to prevent or obstmct a person who is involved in the execution of duties under this Bylaw,
co1lllllits an offence and upon conviction shall be liable to a fine of not less than One Thousand Dollars ($1,000.00) and not more than Ten Thousand Dollars ($10,000.00), in addition to the costs of the prosecution, and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence.
4.2 A violation of any of the provisions identified in tills Bylaw shall result in liability for penalties and late payment an10unts established in Schedule A of the Notice of Bylaw Violation Dispute Adjudication B:vlaw No. 8122. as amended or replaced from time to time.
4.3 A violation of any of the provisions identified in this Bylaw shall be subject to the procedures, restrictions, lintits, obligations and rights established in the Notice of Bylcrn• ViolaUon Dispute Adjudication Bylmr No. 8122 in accordance with the Local Govemment Bylmt' Notice Enforcement Act, SBC 2003, c. 60, as they may be antended or replaced from time to time.
4.4 Any person 'vho gives false infom1ation required under tills Byla\v is deemed to have committed an infraction of, or an offence against, this Bylaw, and is liable on summary conviction to a penalty of not more than $2,000 in addition to the costs of the prosecution, and each day that such violation is caused or allowed to continue constitutes a separate offence.
PART FIYE: INTERPRETATION
5.1 In this Bylaw, unless the context requires otherwise:
CITY
FOOD SERVICE WARE
LICENCE
6197835
means any person, organization, or group engaged in a trade, business, profession. occupation, calling, employment or purpose that is regulated under the City's Business Licence Bylaw No. 7360 and includes a person en1ployed by, or operating on behalf of, a Business.
means the City of Richmond.
means products used for serving or transporting prepared food or beverages including, but not limited to, plates, cups, bowls. trays, cartons and hinged or lidded containers.
means a business licence issued by the City pursuant to the City's Business Licence Bylaw No. 7360.
CNCL - 653
July 18, 2019 - 12-
6236695
Attachment 1 (cont'd)
Bylaw 10000 Page4
PLASTIC CHECKOUT BAG means any bag made with plastic, including biodegradable plastic or compostable plastic that is:
PLASTIC STRA. W
POLYSTYRE~""E FOAl\1
PREPARED FOOD
PART SL"X:: GET".'"ERAL
(a) 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; or
(b) intended to be used to package take-out or delivery food.
means any drinking straw made with plastic, including biodegradable plastic or compostable plastic.
means blown polystyrene and expanded and extmded foams composed of thermoplastic petrochemical materials containing a styrene monomer and processed by any technique including, but not lin1ited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extmsion-blown molding {extmded foam polystyrene).
means any food or beverage prepared for com1.1mption by a Business at that person's licensed premises or location, using any cooking or food preparation technique. Prepared food does not include any raw uncooked food, including meat poultry, fish, seafood. eggs or vegetables unless provided for consumption without further food preparation.
6.1 If any section, section, paragraph, clause or phrase ofthis Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity ofthe remaining portions of this Bylaw.
6.2 This Bylaw will come into force and effect si.x months after adoption, except Part 4 which will come into force and effect 12 months after adoption.
6.3 Section 1.2(b) will cease to be of force and effect 18 months after adoption of the Bylaw.
6197835
CNCL - 654
July 18, 2019 - 13 -
Attachment 1 ( cont' d)
6236695
Bylaw 10000 Page 5
6.4 Tllis Bylaw is cited as "Single-Use Plastic and Other Items Bylaw 10000''.
FIRST READING
SECOND READING
THIRD READING
MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE STRATEGY APPROVAL
ADOPTED
MAYOR
6197835
CORPORATE OFFICER
CITY OF RICHMOND
AI'PROVED for oon{ent by
ortotnaifno dtl>t
APPROVED for legality by&o~or
CNCL - 655
July
18
, 201
9 -
14
-
Att
achm
ent 2
C
ity
of R
ich
mon
d S
ingl
e-U
se P
last
ic a
nd
Oth
er I
tem
s P
rop
osed
Byl
aw C
omm
un
ity
En
gage
men
t P
lan
1.
I Eng
agem
ent P
hase
s
2.
• P
hase
1: B
ylaw
Aw
aren
ess
-G
ener
al
• P
hase
2:
Byl
aw A
dopt
ion
-Not
ific
atio
n P
hase
• P
hase
3: B
ylaw
Eff
ecti
ve D
ate
-T
rans
itio
n P
hase
• P
hase
4:
Enf
orce
men
t
Eng
agem
ent
Tim
elin
e:
Fir
st 3
rea
ding
s o
fByl
aw
1000
0
Tar
get
Aud
ienc
es:
• B
usin
ess
Min
iste
rial
ap
prov
al
I 4t
hre
adin
g an
d
final
B
ylaw
ad
opti
on
• H
ealt
h an
d S
ocia
l S
ervi
ce P
rovi
ders
• G
ener
al P
ubli
c/R
esid
ents
6236
695
Byl
aw
1000
0 ef
fect
ive
date
Pro
pose
d T
imel
ine
• C
omm
ence
upo
n fi
rst t
hree
rea
ding
s o
f the
Byl
aw 1
0000
(J
uly
2019
) •
Con
tinu
e th
roug
h M
inis
teri
al a
ppro
val
and
fmal
Byl
aw
1000
0 ad
opti
on b
y C
ounc
il
• C
omm
ence
aft
er B
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100
00 a
dopt
ion
• C
onti
nue
for
6 m
onth
s
• C
omm
ence
aft
er B
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100
00 e
ffec
tive
dat
e •
Con
tinu
e fo
r 6
mon
ths
• C
omm
ence
12
mon
ths
afte
r fm
al B
ylaw
100
00 a
dopt
ion
6lll0
01bs
Byl
aw
1000
0 en
forc
emen
t
Pha
se4
On-
goin
g
CNCL - 656
July
18,
201
9 -
15
-
Att
achm
ent 2
( co
nt' d
)
Cit
y o
f Ric
hm
ond
Sin
gle-
Use
Pla
stic
and
Oth
er I
tem
s P
rop
osed
Byl
aw C
omm
un
ity
En
gage
men
t P
lan
(co
nt'
d)
3.
Ph
ase
1 O
verv
iew
(B
ylaw
Aw
are
nes
s-G
ener
al)
Exa
mp
le T
acti
cs
Pro
ject
ed
Tim
elin
e
a) T
arge
ted
Stak
ehol
der
Eng
agem
ent
Exa
mpl
es:
• R
espo
nd to
inq
uiri
es
July
22,
20
19
-en
d •
Ric
hmon
d C
ham
ber
of C
omm
erce
, •
Fac
e-to
-fac
e m
eeti
ngs
of A
ugus
t 201
9
• T
ouri
sm R
ichm
ond,
•
Gen
eral
dis
cuss
ions
•
Ric
hmon
d H
otel
Ass
ocia
tion
, et
c .
b) D
etai
led
Bus
ines
s E
ngag
emen
t
• B
ylaw
ove
rvie
w
• W
orks
hops
C
omm
ence
• S
tatu
s o
f Pro
vinc
ial p
roce
ss
• C
usto
miz
ed w
ebsi
te a
nd e
mai
l S
epte
mbe
r 20
19
• E
xem
ptio
ns a
nd w
hy
• L
et's
Tal
k R
ichm
ond
onli
ne s
urve
y (a
ppro
xim
atel
y 4
-
• A
lter
nati
ves
• D
iscu
ssio
n G
uide
6
mon
th d
urat
ion)
• W
hat t
ools
and
res
ourc
es a
re n
eede
d by
bus
ines
s fo
r tr
ansi
tion
al
• C
usto
miz
ed le
tter
su
ppor
t
• P
rese
nt D
iscu
ssio
n G
uide
and
see
k fe
edba
ck a
nd i
nput
on
Too
lkit
con
tent
c) H
ealt
h a
nd S
ocia
l Ser
vice
Pro
vid
ers
Tar
gete
d m
eeti
ngs
to r
evie
w:
• R
espo
nd to
inq
uiri
es
Com
men
ce
• W
ho i
s af
fect
ed a
nd h
ow
• F
ace-
to-f
ace
mee
ting
s S
epte
mbe
r 201
9
• E
xem
ptio
ns a
nd w
hy
• G
ener
al d
iscu
ssio
ns
(app
roxi
mat
ely 4
-
• S
uppo
rt re
sour
ces
need
ed
6 m
onth
dur
atio
n)
• In
put o
n sp
ecif
ic c
onsi
dera
tion
s id
enti
fied
for
dis
abil
ity
and
acce
ssib
ilit
y ne
eds
6236
695
CNCL - 657
July
18,
2019
-
16
-
Att
achm
ent 2
( co
nt' d
)
Cit
y o
f Ric
hm
ond
Sin
gle-
Use
Pla
stic
and
Oth
er I
tem
s P
ropo
sed
Byl
aw C
omm
un
ity
En
gage
men
t P
lan
(con
t'd)
Ph
ase
1 O
verv
iew
(B
ylaw
Aw
aren
ess-
Gen
eral
) E
xam
ple
Tac
tics
P
roje
cted
T
imel
ine
d) G
ener
al P
ub
lic
I R
esid
ents
• A
war
enes
s ab
out t
he p
oten
tial
ban
s an
d im
port
ance
•
New
s R
elea
se
July
22
,20
19
-
• A
war
enes
s ab
out
circ
ular
eco
nom
y •
Res
pond
to i
nqui
ries
on
goin
g
• B
ylaw
ove
rvie
w
• G
ener
al d
iscu
ssio
ns
• St
atus
of P
rovi
ncia
l pro
cess
•
Cus
tom
ized
web
site
and
em
ail
• H
ow r
esid
ents
/cus
tom
ers
are
affe
cted
•
Pri
nt a
nd d
igit
al m
edia
• A
lter
nati
ves
• L
et's
Tal
k R
ichm
ond
onli
ne s
urve
y
4.
En
gage
men
t Pha
ses
2, 3
and
4:
• D
etai
led
com
mun
icat
ion
plan
to b
e de
velo
ped
and
impl
emen
ted
post
fina
l ad
opti
on o
f the
Byl
aw .
• F
undi
ng r
equi
red
to c
ompl
ete
5.
Pro
gres
s an
d U
pdat
es:
• S
taff
wil
l rep
ort b
ack
to c
ounc
il w
ith
feed
back
fro
m t
he e
ngag
emen
t pro
cess
at r
egul
ar in
terv
als,
com
men
cing
Nov
embe
r 20
19 .
-~-
6236
695
CNCL - 658
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