An outdated bylaw could have potentially cost local business owners their livelihoods, according to a representative for a local metal dealer.
A letter to city council from a lawyer representing Allens Scrap and Salvage Ltd. with the support of the Canadian Association of Recycling Industries said a municipal bylaw is "so onerous that it could actually force honest recyclers out of business, or at least, out of Prince George."
R. Glen Nicholson said a section of a municipal bylaw "goes beyond ordinary reporting requirements" by requiring recyclers to store goods for 30 days before recycling them.
During Monday night's meeting, council voted to make changes that would remove metal dealers and recyclers from the city's Second-Hand Dealers and Pawnbrokers bylaw.
The bylaw, passed in 2008, sets out the month-long wait period to allow the police time to review records to reduce the chance that legitimate second-hand dealers and pawnbrokers will be used by criminals to dispose of their stolen property, according to a staff report.
However, provincial legislation passed in 2012, doesn't allow regulated metal to be sold unless the seller can provide a valid driver's licence or B.C. identification car to the metal dealer or recycler.
"The provincial regulatory scheme is similar to the bylaw's focus, with strict requirements for metal dealers and recyclers to collect the seller's information and provide a daily report to the police regarding the purchases of regulated metal," said the staff report.
According to Nicholson's letter, the provision - known as the Tag and Hold Rule - in the city's bylaw " imposes an untenable burden on recyclers" because recyclers cannot afford the cost of holding goods for 30 days, metal market prices fluctuate daily and recyclers are not in the risky business of speculating on commodity prices, and recyclers must acquire land and build secure premises to store goods in order to minimize the risk of theft from their premises.
"Ironically, the Tag and Hold Rule actually increases the risk of crime by exposing stored goods to theft," Nicholson wrote.
