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Office Consolidation
Town of Banff Bylaw 377 - Non-Residential Waste
Page 1 of 21
TOWN OF BANFF
BYLAW 377
Non-Residential Waste Bylaw
A Bylaw to establish and maintain a system for the collection of Non-Residential waste
in the Town of Banff
The Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS
FOLLOWS:
1.0 CITATION
1.1
This bylaw may be cited as the Non-Residential Waste Bylaw.
2.0 DEFINITION
2.1
In this bylaw:
2.1.1
"Approved Bin" means a receptacle for the collection service provided by
the Town for the separate disposal of Garbage, Cardboard, Recyclable
Materials, Food Waste or Pedestrian Waste.
Amended 2021.03.08 - Bylaw 434
2.1.2
"Approved Enclosure" means an enclosure, owned and installed by the
Owner of a Non-Residential Premises, designed for the storage of
Approved Bins between collection times that prevents access to Non-
Residential Waste.
2.1.3
"Ashes" means the solid residue derived as a by-product from the burning
of or combustion of any material or substance.
2.1.4
"Bulky Waste" means a discarded chattel, material or equipment of any kind
exceeding 1.2 meters in any dimension or 23 kilograms in weight including
but not limited to furniture, appliances, packaging and mattresses.
2.1.5
"Business" means any person or entity, whether or not for profit and
however organized or formed, including a co-operative or association of
Persons which conducts:
a) a commercial, merchandising or industrial activity or undertaking(s);
b) a profession, trade, occupation, calling or employment; or
c) an activity providing goods or services.
2.1.6
"Cardboard" means any material as described in Schedule 'A' of this bylaw.
2.1.7
"Clear Bag" means a plastic bag which is clear and transparent, or a plastic
bag which is lightly tinted provided that the tinting is such that the contents
of the bag can clearly be seen through the tinting.
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2.1.8
"Construction Waste" means all waste produced in the process of
constructing, altering, renovating, repairing or demolishing a building, or
infrastructure or, development, including vegetation, topsoil, and excavated
material displaced during this process.
Amended 2021.03.08 - Bylaw 434
2.1.9
"Construction Waste Storage Container" means a container provided or
used for the temporary storage of Construction Waste.
2.1.10 "Dwelling" means any building or place including the land upon which the
building or place is located, which is occupied or used as a place of abode.
2.1.11 "FOG" means any fats, oils or greases of any kind including residue.
2.1.12 "Food Waste" means any material described in Schedule 'B' of this bylaw.
2.1.13 "Garbage" means all abandoned, rejected or discarded matter generated in
and/or coming from a Non-Residential Premises but does not include:
a) Food Waste
b) Cardboard
c) Recyclable Materials
d) Construction Waste
e) Bulky Waste
f) Unacceptable Waste
2.1.14 "Hazardous Waste" means any solid, liquid or gaseous substance defined
or described by legislation or regulation of the Province of Alberta as being
hazardous and/or toxic. This includes waste that presents a hazard to
Persons, flora, fauna, or lands, including but not limited to waste of a
biological, biohazardous, pathological, explosive, highly flammable,
radioactive or toxic nature, which, without limiting the forgoing, shall
include asbestos and blood samples, but shall not include domestic animal
feces.
2.1.15 "Hazardous Waste Round Up" means a Town sponsored event for the
collection of Hazardous Waste.
2.1.16 "Non-Residential Premises" includes any building, structure or premises
which is not used for residential purposes, and for greater certainty, but not
to be restricted the generality of the foregoing, any building, structure or
premises which is used by any Business or for any professional, institution,
industrial, commercial, retail, restaurant or worship purpose.
Amended 2021.03.08 - Bylaw 434
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2.1.17 "Non-Residential Waste" means solid waste generated by or discarded as
refuse from a Non-Residential Premises.
2.1.18 "Occupant" means any Person occupying a premises whether they are in
fact the Owner, renter, tenant, or lessee of the premises.
2.1.19 "Out-of-Town Waste" means any Residential Waste or Non-Residential
Waste not emanating from within the corporate limits of the Town of
Banff.
2.1.20 "Owner" means:
a) In regard to Crown Land a Person who is the lessee of Crown land and
that Person's successors and assigns;
b) In respect to land other than Crown land, the Person who is the
registered owner of the fee simple interest in the land;
c) In respect of any property other than land, the actual owner, occupant,
operator or Person in lawful possession of the property; and,
d) In respect to a vehicle, the Person who owns or rents a vehicle, or any
person that has the exclusive use of a vehicle for a period of more than
thirty (30) days whether pursuant to a lease or otherwise.
2.1.21 "Peace Officer" means the following persons while that person is in the
exercise or discharge of this power or duties:
a) a Bylaw Enforcement Officer appointed by the Town pursuant to the
Municipal Government Act;
b) a Community Peace Officer appointed pursuant to the Peace Officers
Act;
c) a member of the Royal Canadian Mounted Police;
d) a park warden appointed under the National Parks Act of Canada.
2.1.22 "Pedestrian Waste" means any waste or refuse generated or discarded by a
Person, or in the case of domestic animal waste, by a domestic animal
owned or under the control of a Person, while that Person is travelling by
foot or non-motorized means within the Town, other than when indoors.
Pedestrian Waste includes but is not limited to food wrappers, beverage
containers, fruit peels or cores and domestic animal waste.
2.1.23 "Person" means any individual, Occupant, Owner, firm, partnership,
association, corporation, company or organization of any kind.
2.1.24 "Recyclable Materials" means any material described in Schedule 'C' of this
bylaw.
2.1.25 "Residential Waste" means solid waste generated by or discarded as refuse
from a Dwelling.
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2.1.26 "Town" means the Corporation of the Town of Banff and where, the
context requires, the land included within the boundaries of the Town of
Banff;
2.1.27 "Town Manager" means a Person appointed as the Town Manager by
Town Council, or the Person designated by the Town Manager to carry out
a particular duty.
2.1.28 "Transfer Site" means the Town of Banff Waste Transfer Site located at
160 Hawk Avenue.
2.1.29 "Unacceptable Waste" means any material as described in Schedule "E" of
this bylaw.
Re-lettered 2021.03.08 - Bylaw 434
2.1.30 "Yard Waste" means the organic matter formed as a result of gardening or
horticultural endeavours, including materials such as grass clippings, leaves,
tree and hedge clippings, tree limbs but excludes fruits, vegetables,
construction and demolition debris, stumps, large bushes or contaminated
soil.
3.0 INTERPRETATION
3.1
The headings in the body of this bylaw form no part of the bylaw and are inserted
for convenience and reference only.
4.0 ESTABLISHMENT OF MUNICIPAL SERVICE
4.1
A municipal service is hereby established to collect, remove and dispose of Non-
Residential Waste generated within the Town.
4.2
The municipal service provided to Owners and Occupants of Non -Residential
Premises shall provide separate collection, removal and disposal of:
a) Garbage
b) Food Waste, and
c) Cardboard;
as provided for herein.
4.3
The Town shall operate a Waste Transfer Site to receive and dispose of non-
residential Recyclable Material as listed in Schedule 'C' hereto.
4.4
No Person shall dispose of Out-of-Town Waste within the Town limits unless they
make application to the Town Manager and enter into an agreement with the Town
to be supplied with Non-Residential Waste collection, removal and/or disposal
services, or deliver the Out-of-Town Waste directly to the Transfer Site.
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4.5
As a condition of the municipal service and as operating needs dictate, employees
of the Town shall have free access to all parts of the Non-Residential Premises, in
which the collection of Non-Residential Waste is carried out, for the purpose of:
a) Collecting and removing Non-Residential Waste; and
b) Inspections for compliance with this bylaw.
4.6
Notwithstanding the provisions of this bylaw, the Town Manager may make special
arrangements and enter into contracts related to the collection and/or disposal of
Non-Residential waste or Out-of-Town Waste.
4.7
The Town may freely dispose of, recycle or reuse in any manner, all Non-
Residential Waste delivered to or collected by the Town.
4.8
The Town shall not be liable in any manner whatsoever for any damage, loss, or
associated costs related to Non- Residential Waste or its collection, removal or
disposal, unless directly due to the gross negligence of the Town.
5.0 STORAGE OF NON-RESIDENTIAL WASTE
5.1
The Town shall provide each Owner of a Non-Residential Premises with Approved
Bins specific to the municipal service requested by that Owner.
5.2
An Approved Enclosure shall be provided by the Owner of each Non-Residential
Premises unless the Owner applies for and obtains a written exemption from the
Town Manager. The Town Manager shall not issue such an exemption unless the
Town Manager is satisfied that adequate alternate arrangements have been made
for the disposal of Non-Residential Waste from the Premises without the need for
an Approved Enclosure. The Town Manager may also issue such exemptions
subject to such terms or conditions that the Town Manager considers appropriate
to ensure that the principles of this bylaw are complied with, including temporary
or time limited exemptions.
5.3
Approved Bins provided to the Owners of a Non-Residential Premises are for the
exclusive use of the Owners and Occupants of that Premises, except where an
agreement exists between two or more Owners of Non-Residential Premises for
shared use of Approved Bins.
5.4
Each Owner of a Non-Residential Premises shall locate Approved Bins inside an
Approved Enclosure.
5.5
Owners of Non-Residential Premises must store Non-Residential Waste to be
picked up by the Town in Approved Bins.
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5.6
Each Owner of a Non-Residential Premises shall:
a) Maintain the Approved Enclosure and Approved Bins designated for
their Non-Residential Premises in a safe, serviceable and sanitary
condition;
b) Ensure that the Approved Enclosure and Approved Bins are at all
times accessible to employees and agents of the Town, unless other
arrangements are first made with the Town Manager;
c) Ensure the schedule for removal of Non-Residential Waste is of an
appropriate frequency such that Waste does not overflow or accumulate
beside the Approved Bins located in an Approved Enclosure;
d) Be responsible for clean-up and removal of litter or debris from their
property that may have spilled out of an Approved Bin during the filling
or emptying process;
e) Clean and repair the Approved Enclosure when requested by the Town
Manager;
f) Notify the Town Manager within 15 days if an Approved Bin requires
repair or replacement;
g) Ensure that Approved Enclosures and Approved Bins:
i)
are properly placed;
ii)
contain only properly prepared or properly placed Non-
Residential Waste;
iii)
pose no danger to Town employees, or Town Equipment;
iv)
will not be inaccessible due to snow or ice;
v)
that the Town has an operable key if the Approved Enclosure
or Approved Bin, or access thereto is locked; and
vi)
Approved Bins do not contain more than the manufacturers
allowed or recommended weight.
Amended 2021.03.08 - Bylaw 434
6.0 DISPOSAL OF WASTE FROM A NON-RESIDENTIAL PREMISES
6.1
All Persons shall be responsible to comply with any Town requirements for the
separation of any materials for separate collection or disposal.
6.2
Every Owner shall provide infrastructure and ensure that Occupants separate the
following designated materials from Garbage.
6.2.1
Cardboard as defined in Schedule A.
6.2.2
Food Waste as defined in Schedule B.
6.2.3
Recyclable Materials as defined in Schedule C.
Amended 2022.07.22 - Bylaw 464
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6.3
Owners or Occupants of a Non-Residential Premises shall dispose of Garbage
generated by the Occupants of that Premises by first placing it in an appropriate
Clear Bag, securely tied or sealed, with a maximum weight of 23kg and depositing
the same entirely within, the appropriate Approved Bin provided to the Owner of
the Non-Residential Premises by the Town for that purpose.
6.4
Owners or Occupants of a Non-Residential Premises shall dispose of Cardboard
generated by the Occupants of a Non-Residential Premises by first preparing it in
accordance with Schedule 'A' of this bylaw and depositing the same entirely within,
the appropriate Approved Bin provided to the Owner of the Non-Residential
Premises by the Town for that purpose.
6.4.1
Every Owner shall inform Occupants of the Cardboard collection program
and the requirement to separate Cardboard from garbage, by way of signage
and annual communication.
Amended 2022.07.22 - Bylaw 464
6.5
Owners or Occupants of a Non-Residential Premises shall dispose of Food Waste
generated by the Occupants of a Non-Residential Premises by preparing the
materials in accordance with Schedule "B" hereof and will deposit the same entirely
within the Approved Bins provided to the Owner of the Non-Residential Premises
by the Town for those purposes.
6.5.1
Every Owner shall inform Occupants of the Food Waste collection
program and the requirement to separate Food Waste from garbage, by way
of signage and annual communication.
Amended 2021.03.08 - Bylaw 434
Amended 2022.07.22 - Bylaw 464
6.6
Owners or Occupants of a Non-Residential Premises shall dispose of Recyclable
Materials generated by the Occupants of a Non-Residential Premises by preparing
the materials in accordance with Schedule "C" hereof.
Amended 2021.03.08 - Bylaw 434
Amended 2022.07.22 - Bylaw 464
6.6.1
Every Owner shall inform Occupants of the requirement to separate
Recyclable Materials from garbage, by way of signage and annual
communication
Amended 2022.07.22 - Bylaw 464
Amended 2019.09.18 Bylaw 423
6.7
Owners or Occupants of a Non-Residential Premises shall ensure the schedule for
removal of Garbage, Food Waste and Cardboard is of an appropriate frequency
such that said material does not overflow or accumulate beside an Approved Bin
located in an Approved Enclosure.
Renumbered 2019.09.18 Bylaw 423
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6.8
Owners or Occupants of a Non-Residential Premises shall not dispose of FOG
collected from a grease trap in Approved Bins.
Renumbered 2019.09.18 Bylaw 423
6.9
All Persons shall follow the directions on posted signs on Approved Bins.
Renumbered 2019.09.18 Bylaw 423
6.10
All Persons shall be responsible to dispose, in a proper manner, at an approved site
any waste for which the Town does or does not accept responsibility for disposal.
Renumbered 2019.09.18 Bylaw 423
6.11
Owners or Occupants of a Non-Residential Premises shall deliver Bulky Waste to
the Transfer Site or to a facility approved for the disposal of Bulky Waste outside
of the Town.
Renumbered 2019.09.18 Bylaw 423
Renumbered and Amended 2021.03.08 - Bylaw 434
6.12
Owners or Occupants of a Non-Residential Premises shall deliver Yard Waste to
the Transfer Site, or to an acceptable facility outside of the Town.
6.13
Owners or Occupants of a Non-Residential Premises shall dispose of Hazardous
Waste,
a) where permitted to do to so by the Town, at the Transfer Site,
Hazardous Waste Round Up facilities or sites designed by the Town; or
b) at other approved site(s) in accordance with federal and/or provincial
legislation.
6.14
Owners or Occupants of Non-Residential Premises shall deliver Construction
Waste to the Transfer Site where acceptable, or in the alternative, to the Francis
Cooke Regional Class III Landfill and Resource Recovery Center or to other
approved sites in accordance with all applicable federal and/or provincial
legislation; and,
a) ensure that construction waste is separated by material stream for recycling as
outlined in Schedule D.
Renumbered 2019.09.18 Bylaw 423
Amended 2021.03.08 - Bylaw 434
6.15
Owners or occupants of a Non-Residential Premises who supply and/or use a
Construction Waste Storage Container for the temporary storage of Construction
Waste shall ensure that:
a) the container is sturdily constructed and is capable of containing the
material deposited within;
b) the container is equipped with a cover capable of restricting the entry
of animals and preventing the escape of litter produced by wind,
which container cover shall be closed at all times other than during
active construction hours and when directed by the Town Manager;
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c) the container cover is an opaque tarp, canvas, or steel lid, or
alternative material specifically approved by the Town of Banff;
d) the container cover is affixed to the container using a method that will
ensure the cover remains in place;
e) any tarp or canvas cover overhangs the container and is affixed a
minimum of 30 cm below the edge of the bin opening;
f) the container is cleaned out regularly; and
g) Any litter placed in a construction waste bin is contained by a
separate means of containment that prevents the litter from becoming
wind born when the container is emptied.
Renumbered 2019.09.18 Bylaw 423
Amended 2021.03.08 - Bylaw 434
Amended 2021.09.13 - Bylaw 461
6.16
Owners or Occupants of a Non-Residential Premises on which a Construction
Waste Storage Container is placed shall ensure that:
a) any such storage container does not become unsightly or cause a nuisance or
health related problems; and,
b) all construction waste is separated by material stream for recycling as outlined
in Schedule D; and,
c) the area around the storage container is maintained free from litter.
Renumbered 2019.09.18 Bylaw 423
Amended 2021.03.08 - Bylaw 434
7.0 PEDESTRIAN WASTE
7.1
All Persons shall transport Pedestrian Waste to, and deposit the same entirely
within, an appropriate Approved Bin designated by the Town for Pedestrian Waste.
7.2
No Person shall deposit any items in an Approved Bin designed for the collection
of Pedestrian Waste other than Pedestrian Waste.
8.0 PROHIBITIONS
8.1
Unless instructed by the Town Manager as part of a special collection program or
provided for elsewhere in this bylaw, no Person shall deposit Unacceptable Waste
listed in Schedule 'D' anywhere within the Town except:
a)
at a location as prescribed by the Town; or,
b)
at a site outside of the Town in accordance with applicable provincial and
federal legislation.
8.2
No Person shall dispose of Non-Residential Waste in any manner which
contravenes any provision of this bylaw.
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8.3
No Person shall allow Non-Residential Waste to accumulate outside any building,
on any land or other premises, or anywhere in any manner which contravenes any
provision of this bylaw.
8.4
No Person shall dispose of Residential Waste or Pedestrian Waste in an Approved
Bin owned by or provided to the Owner of a Non-Residential Premises, unless
authorized by the Owner of that Non-Residential Premises.
8.5
No Person shall:
a)
pile Non-Residential Waste above the top of an Approved Bin;
b)
fill any Approved Bin in such a manner that the contents thereof cannot be
easily removed therefrom;
c)
place or pile waste on top of a closed Approved Bin or Approved
Enclosure;
d)
place waste on the floor in an Approved Enclosure where it interferes with
the free movement of the Approved Bin; and,
e)
obstruct access to an Approved Bin.
8.6
No Person shall deposit any items in an Approved Bin designed for the collection
of Food Waste other than Food Waste.
8.7
No Person shall deposit any items in an Approved Bin designed for the collection
of Cardboard other than Cardboard Waste.
8.8
No Person shall deposit any items in an Approved Bin designed for the collection
of Garbage other than Garbage.
8.9
No Person shall deposit any items in an Approved Bin designed for the collection
of Recyclable Material other than Recyclable Material in accordance with Schedule
"C".
8.10
No Person shall deposit Non-Residential Waste in an Approved Bin designed for
the collection of Pedestrian Waste.
8.11
No Person shall deposit any items in an Approved Bin designed for the collection
of Pedestrian Waste other than Pedestrian Waste.
8.12
No Person shall deposit any items in or remove any items from a Construction
Waste Storage Container without the permission of the Owner or renter of the
container.
Amended 2021.03.08 - Bylaw 434
8.13
No Person shall deposit Ashes in an Approved Bin unless they are quenched.
8.14
No Person shall leave Non-Residential Waste of any kind on public or private
property where it is accessible to animals.
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8.15
No Person shall park or allow to be parked a vehicle, whether on public or private
property, that contains waste that is accessible to animals.
8.16
No Person shall alter the location, access, operation, or otherwise interfere with the
use and servicing of an Approved Bin.
8.17
No Person other than an employee, contractor or agent of the Town providing
municipal service, shall pick over, interfere with, scavenge, disturb, remove or
scatter any Non-Residential Waste that has been placed in an Approved Bin.
8.18
No Person shall hinder, interrupt or cause to be hindered any employee of the
Town or its contractors, servants and agents or workers, in the exercise of any of
the powers or duties relating to Non-Residential Waste as authorized or required in
this bylaw.
8.19
Except as permitted by this bylaw, no Person shall permit, suffer or allow property,
real or personal, which he owns, occupies or controls, to be in contravention of this
bylaw.
8.20
The Town or its contractors, servants, agents or workers may inspect any waste
deposited or being deposited in an Approved Bin or Construction Waste Storage
Container that is collected by the Town, or any waste being deposited at any Town
facility, including the Transfer Site or landfill.
Amended 2021.03.08 - Bylaw 434
8.21
No Person shall deposit Food Waste, as defined in Schedule B, in any Construction
Waste Storage Container.
Added 2021.03.08 - Bylaw 434
9.0 FEES
9.1
The fees, rates and charges outlined in the Fees and Charges Bylaw are hereby
adopted and will be due and owing to the Town for the services outlined in the
Fees and Charges Bylaw.
9.2
All accounts for Non-Residential Waste services provided under this bylaw shall be
due and payable when rendered.
9.3
Accounts shall be deemed to be sufficiently forwarded if they are left on the
property of the Person being charged or if they are mailed by ordinary mail to the
Person being charged at the mailing address of that Person.
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9.4
All charges for services which remain unpaid for a period exceeding 30 days from
the due date shall be subject to interest charges in accordance with the Fees and
Charges Bylaw. All sums payable by an Owner pursuant to this bylaw, including
the rates set out in the Fees and Charges Bylaw, are a debt due and owing to the
Town and shall constitute a preferential lien and charge on the parcel which may
be levied and collected in a like manner as municipal taxes, in accordance with the
Municipal Government Act.
9.5
An Owner or Occupant of a Non-Residential Premises shall bring any alleged error
in any charge to the attention of the Town Manager or designate within one year of
the end of the period for which such Non-Residential Waste rates were imposed.
9.6
The Town reserves the right to withhold services, or take legal action, when fees
are unpaid.
10.0
VIOLATIONS AND ENFORCEMENT
10.1
Any Person who contravenes any provision of this bylaw is guilty of an offence and
is liable for a penalty as provided for herein.
10.2
For the purposes of this bylaw, an act or omission by a tenant is deemed also to be
an act or omission of the Owner of the real property on which the offence occurred.
10.3
When a Business commits an offence under this bylaw, every principal, director,
manager, employee or agent of the Business who authorized the act or omission
that constitutes the offence, or assented to or acquiesced or participated in the act
or omission that constitutes the offence, is guilty of the offence whether or not the
Business has been prosecuted for the offence.
10.4
If a vehicle is involved in any contravention of this bylaw, the Owner of that vehicle
is guilty of an offence.
10.5
In the case of an offence that is of a continuing nature, a contravention constitutes
a separate offence in respect of each day, or part of a day, on which it 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.
10.6
Any Person found to be violating any provision of this bylaw may be served by the
Town with written notice stating the nature of the violation and providing a
reasonable time limit for the satisfactory correction thereof. The offender shall
permanently cease all violations, or carry out or cause to be done any such work as
may be required to conform with this bylaw in accordance with the notice.
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10.7
When a Person is alleged to have contravened any provision of this bylaw, a Peace
Officer may issue a Town of Banff Notice of Offence which shall state:
a)
The nature of the offence;
b)
The penalty payable in connection with the offence; and
c)
The time period within which the penalty must be paid.
10.8
A Town of Banff Notice of Offence shall be deemed to be sufficiently served for
the purposes of this bylaw if:
a)
served personally on the accused; or,
b)
mailed by registered post to the address of the registered Owner of the
Premises concerned, or to the Person concerned; or,
c)
attached to or left securely and visibly upon the Vehicle in respect of the
offence that is alleged to have been committed.
10.9
A Peace Officer may issue a ticket, or lay an information pursuant to the provisions
of the Provincial Offences Procedure Act in regard to any offence that is alleged
pursuant to this bylaw, regardless of whether or not a Town of Banff Notice of
Offence has been issued.
10.10 In lieu of prosecution, the Person named in the Town of Banff Notice of Offence
may elect to voluntarily make payment to the Town of the penalty amount specified
in the Town of Banff Notice of Offence which shall be as set out in Schedule "F"
attached hereto.
10.11 If the payment specified in the Town of Banff Notice of Offence is not paid in
accordance with the terms of the Notice of Offence and in the time required by the
Notice of Offence, a prosecution may be commenced for the alleged contravention
of this bylaw.
10.12 Any Person violating any of the provisions of this bylaw shall become liable to the
Town for any expense, loss or damage incurred by the Town by reason of such
violation.
10.13 Upon summary conviction, any Person who is guilty of a first offence under this
bylaw is liable to a fine of not less than the amount specified in Schedule "F" of
this bylaw as a voluntary payment for a first offence and not more than $10,000.00
per offence, plus costs, and/or to a term of imprisonment not exceeding six (6)
months, or in default of payment of any fine imposed is liable to imprisonment for
a term not exceeding six (6) months.
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10.14 Upon summary conviction, any Person who is found guilty of a second offence
under this bylaw, is liable to a fine of not less than the amount specified in
Schedule "E" of this bylaw as a voluntary payment for a second offence and not
more than $10,000.00 per offence, plus costs, and/or for imprisonment for any
period not exceeding six (6) months in the case of non-payment of the fine and
costs imposed for such offence.
10.15 Upon summary conviction, any Person who is found guilty of a third or
subsequent offence under this bylaw, is liable to a fine of not less than the amount
specified in Schedule "E" of this bylaw as a voluntary payment for a third or
subsequent offence and not more than $10,000.00 per offence, plus costs, and/or
for imprisonment for a period not exceeding six (6) months in the case of non-
payment of the fine and costs imposed for such offence.
10.16 Upon the failure by any Person to comply with the provisions of this bylaw, the
Town may proceed in accordance with the Municipal Government Act and perform
any corrective measures required. All costs incurred may be recovered from the
Owner and shall be deemed a debt due to the Town by the Owner. Debts due may
be charged against the premises concerned as a special lien to be recovered in like
manner as property taxes.
10.17 If, in the opinion of the Town Manager, a contravention of this bylaw requires
immediate action, the Town may perform any work necessary to address the
contravention of this bylaw without prior notice and all costs incurred by the Town
will be payable by the Person alleged to have contravened this bylaw.
10.18 Notwithstanding any other provision of this bylaw, the imposition of a fine either
by issuance of a Town Notice of Offence or by summary conviction in court shall
not relieve any Person so fined from any liability to pay to the Town any expenses
arising from any damage or loss caused by that Person to Town property.
10.19 The Town Manager, or his or her delegate, is hereby authorized to issue Orders
pursuant to S. 545 or S. 546 of the Municipal Government Act in regard to any
contravention of or the enforcement of this bylaw.
11.0
SEVERABILITY
11.1
If any clause in this bylaw is found to be invalid, it shall be severed from the
remainder of the bylaw and shall not invalidate the whole bylaw.
12.0
SCHEDULES
12.1
Schedules 'A', 'B', 'C', 'D', 'E', and 'F' referred to herein as attached to this bylaw
form part of this bylaw.
Amended 2020.09.18 Bylaw 423
Amended 2021.03.08 - Bylaw 434
Office Consolidation
Town of Banff Bylaw 377 - Non-Residential Waste
Page 15 of 21
13.0
TRANSITION
13.1
Notwithstanding Section 6.3 hereof, during the eight-month period immediately
following the date this bylaw comes into effect, an opaque or coloured or non-
transparent plastic bag may be used, provided that the other requirements of
Section 6.3 are met.
14.0
ENACTMENT
14.1
This bylaw comes into force upon receiving third and final reading and execution
by the Superintendent of Banff National Park, for the Minister of the
Environment.
READ A FIRST TIME this 9th day of January, 2017.
READ A SECOND TIME this 27th day of February, 2017.
READ A THIRD TIME this 27th day of February, 2017.
SIGNED AND PASSED this 28th day of February, 2017.
On original 2017.02.28
Karen Sorensen
Mayor
On original 2017.02.28
Robert Earl
Town Manager
Approved by the Minister of the Environment by his/her delegate this 21st day of March,
2017.
On original 2017.03.21
Minister of the Environment/Delegate
Office Consolidation
Town of Banff Bylaw 377 - Non-Residential Waste
Page 16 of 21
SCHEDULE A - CARDBOARD
Cardboard is accepted for disposal in any Approved Bins provided to the Owner of the Non-
Residential Premises by the Town for those purposes. The following materials listed as acceptable
shall be deemed to be Cardboard for the purposes of this bylaw:
Material
Acceptable
Not Acceptable
Preparation
Disposal
Cardboard
-
All corrugated
cardboard
-
Paper egg cartons
and drink trays
-
Food item boxes
-
Boxboard (shoe
and product type
boxes)
-
Padded envelopes
-
Carbon paper
-
Elastic bands
-
Paper clips
-
Metal fasteners
-
Plastic liners
-
Remove food
debris, elastic
bands, paperclips,
and metal
fasteners (staples
are okay)
-
Break down and
flatten all boxes
-
Remove all plastic
wrappings and
polystyrene
inserts
-
Dispose of
cardboard in any
Approved Bin
provided to the
Owner of the
Non-Residential
Premises by the
Town for those
purposes
Amended 2020.09.18 Bylaw 423
Office Consolidation
Town of Banff Bylaw 377 - Non-Residential Waste
Page 17 of 21
SCHEDULE B - FOOD WASTE
Food Waste is accepted for disposal in any Approved Bin provided to the Owner of the Non-
Residential Premises by the Town for those purposes. The following materials listed as acceptable
shall be deemed to be Food Waste for the purposes of this bylaw:
Materials
Acceptable
Not Acceptable
Preparation
Disposal
Food
-
Fruits & vegetables
-
Pits, peelings, rinds,
tops, cores and husks
-
Rice, breads, cereal,
noodles, toast, tortillas,
baked goods, pastries,
pies, etc.
-
Pumpkins
-
Coffee grounds and
filters
-
Tea bags and leaves
-
Dairy products
-
Paper soiled with food
-
Egg & eggshells
-
Popsicle and stir sticks
(wooden only)
-
Meat, fish & bones
-
Plastic
-
Elastics
-
Twist ties
-
Stickers
-
Plastic labels
-
Fabrics
-
Pet waste
-
Loose
-
All Food
Waste must
be placed in
certified
compostable
bags
-
Food Waste
does not need
to be placed
in
compostable
bags prior to
disposal
where the
food waste
bin is located
inside a
heated space.
-
Dispose of
food waste in
any Approved
Bin provided
to the Owner
of the Non-
Residential
Premises by
the Town for
those
purposes
Amended 2020.09.18 - Bylaw 423
Amended 2022.07.22 - Bylaw 464
Office Consolidation
Town of Banff Bylaw 377 - Non-Residential Waste
Page 18 of 21
SCHEDULE C - RECYCLABLE MATERIALS
Recyclable Materials are accepted for disposal in any Approved Bin, waste receptacle provided by
a private hauler in an Approved Enclosure, or at the Transfer Site. The following materials listed
as acceptable shall be deemed to be Recyclable Material for the purposes of this bylaw:
Material
Acceptable
Not Acceptable
Preparation
Disposal
Mixed
Containers
Plastics
-
All plastic
containers with a
Mobius loop and
number 1, 2, 3, 4, 5,
6, and 7
Metal food cans
-
Tin and aluminum
food and beverage
containers and lids
- Plastic bags
- Plastic containers
without a Mobius
Loop
- Toxic product
containers
- Polystyrene foam type
- Plastic film, wrap, or
cellophane packaging
- Appliances
-
Remove lids and
rinse all
containers
-
Thoroughly rinse
-
Dispose of mixed
containers in any
Approved Bin or
at the Transfer
Site
Glass
-
Glass jars
-
Glass bottles
-
Windows
-
Windshields
-
Ceramics
-
Tableware
-
Light bulbs
-
Remove lids
-
Rinse bottles and
clean jars
-
Dispose of glass in
any Approved Bin
or at the Transfer
Site
Refundable
Beverage
Containers
-
Refundable glass
bottles and cans
-
Milk containers
-
Soy and rice milk
containers
-
Juice boxes
-
Non-beverage Tetra
Paks
-
Empty, remove all
straws, and rinse
-
Dispose of
refundable beverage
containers in any
Approved Bin, at
the Transfer Site, or
at the bottle depot
Mixed Paper
Newsprint and
Magazines
-
Newspaper and
inserts
-
Magazines
-
Glossy flyers,
catalogues and
brochures
-
Soft cover and
paperback books
-
Gift wrap
Office Paper
-
Office and
computer paper
-
Junk mail and
envelopes
-
Padded envelopes
-
Carbon paper
-
Elastic bands
-
Paper clips
-
Metal fasteners
-
Plastic liners
-
Remove elastic
bands, paperclips,
and metal fasteners
(Staples are okay)
-
Break down and
flatten all boxes
-
Remove all plastic
wrappings and
Styrofoam inserts
-
Dispose of mixed
paper in any
Approved Bin or at
the Transfer Site
Amended 2020.09.18 - Bylaw 423
Town of Banff Bylaw 377-1 - Non-Residential Waste
Page 19 of 21
SCHEDULE D - RECOVERABLE CONSTRUCTION, RENOVATION, AND
DEMOLITION MATERIALS
Construction Waste shall be separated in accordance with the below recoverable material streams
and delivered to the Transfer Site where acceptable, or in the alternative, to the Francis Cooke
Regional Class III Landfill And Resource Recovery Centre or other approved site in accordance
with rules for materials accepted at each facility and federal and/or provincial legislation.
Material
Acceptable
Not Acceptable
Disposal
Asphalt
-
Clean asphalt
-
Nails
-
Paper
-
Plastics
-
Wood
-
No food waste or food
packaging waste
-
In accordance with rules
for materials accepted at
each facility
-
Hazardous waste and
hydrovac waste must be
disposed of in accordance
with federal and/or
provincial legislation
-
Recyclable materials must
be disposed of in
accordance with Schedule
C
Asphalt
Shingles
-
Clean asphalt shingles
-
Metal
-
Plastic
-
Wood
-
Not accepted at Town of
Banff Waste Transfer Site
Concrete
-
Clean
-
Smaller than 1M x 1M
-
Plastic buckets
-
Wood
-
Asphalt
Drywall
-
Clean
-
Wood
-
Tiles
-
Metal
White Wood
-
Kiln dried lumber
-
Plywood
-
Strand Board
-
Drywall
-
Pressure Treated Wood
-
MDF
-
No plastic wrappingNo
creosote
Yard and
Garden
Materials
-
Grass
-
Leaves
-
Flowers
-
Branches
-
Soil
-
Compostable bags
Branches,
scrub and
brush
-
Stumps & roots must be
smaller than 1M x 1M
-
Compostable bags
Assorted
metals
-
Scrap metal
-
Furnaces
-
Hot water tanks
-
Fuel
-
Cylinders
-
Flammable items
Other
materials
from CRD
sites
-
Electronics
-
Mattresses/box springs
-
Refrigerators/freezers
-
Lighting
Amended 2021.03.08 - Bylaw 434
Renumbered 2022.07.22 - Bylaw 464
Town of Banff Bylaw 377-1 - Non-Residential Waste
Page 20 of 21
SCHEDULE E - UNACCEPTABLE WASTE
The following materials shall be deemed to be Unacceptable Waste and are not acceptable for
disposal within the Town:
a) Any materials that are not set out in accordance with the provisions of this
bylaw;
b) Hazardous Waste, unless specifically permitted by the Town Manager;
c) Biohazardous Waste;
d) Dead animals or parts of dead animals with the exception of Food Waste;
e) Sod, soil, dirt, and stones;
f) Contaminated soil; or,
g) Any other material or item designated as Unacceptable Waste by the Town
Manager.
Amended 2020.09.18 Bylaw 423
Renumbered 2021.03.08 - Bylaw 434
Renumbered 2022.07.22 - Bylaw 464
Town of Banff Bylaw 377-1 - Non-Residential Waste
Page 21 of 21
Schedule F - Voluntary Payments
First offense (all sections)
$150
Second offense
$300
Third and all subsequent offenses
$500
Amended 2020.09.18 Bylaw 423
Renumbered 2021.03.08 - Bylaw 434
Renumbered 2022.07.22 - Bylaw 464