Regional District of Nanaimo Bylaw No. 1802, 2020 - Residential Curbside Collection of Garbage, Food Waste and Recyclables
Lantzville, British Columbia
· No. 1802
· adopted 2020-03-24
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot 25453b7d98b5 · verified 2026-10-26 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
A BYLAW TO PROVIDE FOR THE COLLECTION OF GARBAGE,
FOOD WASTE AND RECYCLABLES WITHIN THE REGIONAL DISTRICT OF NANAIMO
AS AMENDED BY:
BYLAW: 1802.01
Note: This Bylaw is consolidated for convenience only and is not to be construed as a legal document.
Consolidated: May, 2022
Bylaw No. 1802
Page 2
This copy is consolidated for convenience only and includes the following amendment:
Bylaw Number
Adoption Date
1802.01
February 8, 2022
Bylaw No. 1802
Page 3
REGIONAL DISTRICT OF NANAIMO
BYLAW NO. 1802
A BYLAW TO PROVIDE FOR THE COLLECTION OF GARBAGE,
FOOD WASTE AND RECYCLABLES WITHIN THE REGIONAL DISTRICT OF NANAIMO
WHEREAS pursuant to "Recycling and Compulsory Collection Local Service Establishment Bylaw No. 793,
1989", the Regional District of Nanaimo is authorized to provide a service for the collection of Garbage,
Recyclables and Food Waste;
AND WHEREAS the Board of Directors of the Regional District of Nanaimo has determined that a Regional
Collection Service should be established and provided to certain areas and classes of land within the
District;
NOW THEREFORE the Board of the Regional District of Nanaimo, in open meeting assembled, enacts as
follows:
PART 1 - CITATION
1. This Bylaw may be cited for all purposes as "Residential Curbside Collection of Garbage, Food Waste
and Recyclables Regulation and Charges Bylaw No. 1802, 2020".
PART 2 - DEFINITIONS
For the purposes of this Bylaw, unless the context otherwise requires:
"Approved Disposal Site"
means a site owned and operated by the Regional District, or licensed
by the Regional District and/or the Ministry of Environment and
Climate Change Strategy, for the deposit, disposal or processing of
Garbage and/or Food Waste and/or Recyclables.
"Assisted Set-Out Service"
means the Regional District, in consultation with the Contractor, will
identify a location on the eligible Dwelling Unit and the Contractor will
collect each Collection Cart from the agreed upon location, empty the
Collection Cart into the collection vehicle and return the Collection
Cart to the agreed upon location.
"Automated Collection System"
means the collection of Garbage and/or Recyclables and/or Food
Waste using a specially designed vehicle with a mechanical apparatus
which empties Collection Carts directly into the vehicle without
requiring manual labour to empty the Collection Carts.
"Bare Land Strata Lot"
means a Residential Strata Lot created by a Bare Land Strata Plan.
"Bare Land Strata Plan"
has the meaning as defined in the Strata Property Act, S.B.C. 1998,
c.43, as may be amended or replaced from time to time.
Bylaw No. 1802
Page 4
"Banned Recyclables"
means Recyclables not accepted under Recycle BC's curbside
collection of Packaging and Paper Product Recycling Program, as may
be amended or replaced from time to time, which includes, but is not
limited to:
a) glass containers;
b) plastic bags and overwrap;
c) foam packaging; and
d) other flexible plastic packing.
"Bi-Weekly"
means every other week.
"Collection Cart"
means a Garbage (cart with black lid) or Recyclables (cart with blue
lid) or Food Waste (cart with green lid) container for automated
collection that is owned by the Contractor, provided to each
Residential Dwelling receiving Collection Service.
"Collection Cart Set"
means a complete set of three (3) wheeled carts to be solely used as
receptacles for Garbage (black cart), Recyclables (blue cart) and Food
Wastes (green cart).
"Collection Day"
means the day scheduled for collection of Garbage, Recyclables, Food
Waste (or any combination of any of these services).
"Collection Period"
means a period of regular Collection Service, weekly or Bi-Weekly as
set out in this Bylaw.
"Collection Service"
means a service for the collection of residential Garbage, Recyclables,
and Food Waste by the Regional District or Contractor.
"Commencement Date"
means October 1, 2020.
"Composting Facility"
means a facility that composts Food Waste under contract with the
Regional District.
"Construction and Demolition
Waste"
means waste produced from the construction, renovation,
deconstruction and demolition of buildings, and other structures, but
does not include Hazardous Waste or Recyclable Material.
"Contamination"
Means the presence of Prohibited Waste, Construction and
Demolition Waste or Yard and Garden Waste in Collection Carts, and:
a) The presence of Garbage in Recycling or Food Waste carts;
b) The presence of Recycling in Food Waste carts; or,
c) The presence of Food Waste in Recycling carts.
"Contractor"
means the person or persons under contract with the Regional District
to collect Garbage, Recyclables and Food Waste on behalf of the
Regional District within the Service Area.
Bylaw No. 1802
Page 5
"Dwelling Unit"
means one (1) or more habitable rooms which constitute one (1) self-
contained unit having a separate entrance, used or intended to be
used for living and sleeping purposes for which is provided:
a) cooking equipment or the facilities for the installation of
cooking equipment; and
b) one (1) or more bathrooms with a water closet, wash basin
and shower or bath.
"Environmental Management
Act"
Means the Environmental Management Act (British Columbia), as
amended, and any successor legislation and any regulations
thereunder.
"Food Waste"
means compostable food material, and other materials accepted at a
Composting Facility, generated within the Service Area including,
without limitation:
a) fruits and vegetables;
b) meat, fish, shellfish, poultry and bones thereof;
c) dairy products;
d) bread, pasta and baked goods;
e) tea bags, coffee ground and filters;
f) soiled paper plates and cups;
g) soiled paper towel and napkins;
h) soiled wax paper;
i)
food soiled cardboard and paper;
j)
egg shells;
k) all other cooked and raw food products;
l)
but excludes Yard and Garden Waste
"Garbage"
means all waste other than Recyclables and Food Waste but shall not
include Construction and Demolition Waste, Yard and Garden Waste,
human feces, Hazardous Waste, Prohibited Material or any other
items determined by the General Manager from time to time.
"General Manager"
means a person appointed to the position of General Manager of the
Regional District of Nanaimo or designate;
"Hazardous Waste"
means any chemical compound, mixture, substance or article defined
as Hazardous Waste in the Hazardous Waste Regulation;
"Hazardous Waste Regulation"
means Hazardous Waste Regulation, BC Reg. 63/88 enacted under the
Environmental Management Act;
"Industrial, Commercial and
Institutional Waste"
means all Solid Waste resulting from the operation of Industrial,
Commercial, Institutional sources.
Bylaw No. 1802
Page 6
"Manufactured Home"
means any structure, whether ordinarily equipped with wheels or not,
that is designed, constructed or manufactured to be moved from one
place to another by being towed or carried, and which is used as a
Dwelling Unit or designed for use as a Dwelling Unit;
"Manufactured Home Park"
means land used for accommodating one or more Manufactured
Homes, which are owned or being purchased or rented, and where
the Manufactured Home is assessed and taxed in the name of its
Owner or purchaser.
"Multi-Family Dwelling Unit"
means a Dwelling Unit located in a building which comprises of five
(5) or more Dwelling Units used for residential purposes, or a
combination of residential and non-residential uses; or a
Manufactured Home Park, which comprises of five (5) or more
Dwelling Units.
"Occupier"
means the person or persons residing at the Residential Dwelling.
"Owner"
as defined by the Community Charter, S.B.C. 2003, C.26 as may be
amended or replaced from time to time.
"Physically Challenged"
means a person who has physical disabilities and infirmities.
"Private Collection Service"
means a Garbage, Recyclables and/or Food Waste collection service,
which is not operated by a Contractor, and includes any commercial
containerized collection service or Industrial, Commercial and
Institutional Waste collection service.
"Prohibited Material"
means waste as defined in the Regional District of Nanaimo Tipping
Fee and Solid Waste Disposal Regulation Bylaw No. 1784, 2019 as
Prohibited Waste;
"Recyclables"
means packaging and printed paper collected in single stream
accepted at a Recycling Facility, in Category 1, Category 2, Category
3(a), Category 6 and Category 7, as set out in Schedule B [Categories
and Examples of Packaging and Printed Paper).
"Recycling Facility"
means a facility under contract with Recycle BC for the deposit,
disposal or processing of Recyclables.
"Regional District"
means the Regional District of Nanaimo.
"Regional Landfill"
means the landfill site owned and operated by the Regional District.
Bylaw No. 1802
Page 7
"Residential Dwelling"
means:
a) a single family detached Dwelling Unit;
b) in relation to a duplex, triplex or fourplex, each self-contained
Dwelling Units;
c) a Secondary Suite in a single family detached Dwelling Units;
and
d) a Manufactured Home situated in a Manufactured Home
Park.
"Residential Strata Lot"
has the meaning defined in the Strata Property Act, S.B.C. 1998, c.43,
as may be amended or replaced from time to time.
"Secondary Suite"
means an additional Dwelling Unit, located within a Residential
Dwelling, whether or not the Secondary Suite is permitted under the
Regional District Zoning Bylaw 500 or the respective local government
authority, as may be amended or replaced from time to time.
"Service Area"
means that portion of the Regional District situated on Vancouver
Island and Gabriola Island (excluding the City of Nanaimo) in which
the Collection Service are to be provided, as designated by the
General Manager from time to time.
"Solid Waste"
means refuse that originates from residential, commercial or
institutional sources or refuse specified to be included in the Regional
District's Solid Waste Management Plan pursuant to the
Environmental Management Act.
"Townhouse Complex"
means a building or buildings containing three or more strata titled
Dwelling Units, where each Dwelling Unit has a separate entrance at
first story level.
"Unserviceable"
means a Residential Dwelling determined to be unserviceable in
accordance with section 6 of this Bylaw.
"Yard and Garden Waste"
means vegetation removed from gardens, lawns, shrubs and trees,
including prunings from shrubs and trees.
PART 3 - GENERAL
ROLE OF THE GENERAL MANAGER, REGIONAL COMMUNITIES AND UTILITIES, AND SOLID WASTE
2. The General Manager is authorized to administer and enforce this Bylaw including the supervision,
control and direction of the collection, removal and disposal of residential Garbage, Recyclables and
Food Wastes from all Residential Dwellings within the Service Area.
Bylaw No. 1802
Page 8
MANDATORY REGIONAL DISTRICT COLLECTION SERVICE
3. Every Owner or Occupier of a Residential Dwelling within the Service Area which generates Solid
Waste shall comply with the provisions of this Bylaw.
4. Subject to section 5 of this Bylaw, every Owner or Occupier of a property containing a Dwelling Unit(s),
duplex, triplex and quadplex within the Service Area, but excluding Bare Strata Lots and Residential
Strata Lots, shall participate in the Collection Service and pay fees in accordance with this Bylaw,
except as exempted under this Bylaw. No Owner or Occupier of a Residential Dwelling within the
Service Area may opt out of participation in the Collection Service, except as permitted under this
Bylaw.
5. Except for the properties for which Owners apply to receive the Collection Service under section 11
of this Bylaw and which are accepted by the Regional District under section 12 of this Bylaw, the
Collection Service shall not be provided to:
a) Multi-Family Dwelling Units;
b) industrial, commercial and/or institutional properties; and
c) Unserviceable Dwelling Units.
6. The following properties shall be considered Unserviceable for the purposes of this Bylaw:
a) a property containing a Dwelling Unit that the General Manager deems cannot be safely,
efficiently and legally serviced from the street by reason of one or more of the following:
1. grade;
2. road configuration;
3. physical condition of the public road or lane or other access route, including but not
limited to the narrowness of the road;
4. conflict with other bylaws or regulations;
5. public safety;
6. operational constraints; and/or
7. the presence of any unsafe person, animal, natural or other hazard(s) on or in the
vicinity of the Dwelling Unit or the property where the Dwelling Unit is situated,
b) the General Manager may exclude that Dwelling Unit from the Collection Service under this
Bylaw and, upon notice to the Owners and Occupiers of the Dwelling Unit will not be
permitted or required to receive the Regional District's Collection Service and shall make their
own arrangement for disposal at an Approved Disposal Site. The charge for residential waste
Collection Service to such class of person shall be nil while the alternative service clause
remains in effect; and
c) any property or Dwelling Unit on Protection Island, De Courcy Island and Mudge Island.
7. No Owner or Occupier of a Residential Dwelling located within the Service Area shall cause or permit
any Solid Waste to collect or accumulate at their Dwelling Unit.
Bylaw No. 1802
Page 9
8. Every Owner or Occupier of a Dwelling Unit within the Regional District Service Area upon or within
which Garbage, Food Wastes, Recyclables, Prohibited Material, Hazardous Waste, Construction and
Demolition Waste, and Banned Recyclables or any other material is generated shall be responsible for
its proper storage and disposal in accordance with the applicable regional, provincial and federal laws
and Regional District bylaws.
9. Notwithstanding section (5) of this Bylaw, the General Manager may on application from an Owner
or Occupier, and on terms and conditions prescribed by the General Manager, provide the Collection
Service to any property containing a Dwelling Unit within the Regional District.
TOWNHOUSES AND BARE LAND STRATA LOTS
10. A strata corporation, on behalf of all of the Owners of the Residential Strata Lots in the strata plan
that are Townhouse Complexes or Bare Land Strata Lots, may apply to the Regional District to use the
Collection Service, in the form prescribed by the Regional District.
11. On an application from a strata corporation under section 11 of this Bylaw, the Regional District may
approve a strata corporation's use of the Collection Service where the Regional District is satisfied
that the Residential Strata Lots that are Townhouse Complexes or Bare Land Strata Lots can be safely,
efficiently and legally serviced by the Automated Collection System. On approval of a strata
corporation's use of the Collection Service, the Owners of each Residential Strata Lot will be provided
with a set of Collection Carts and pay fees in accordance with this Bylaw. The Owners of the Residential
Strata Lots serviced by the Collection Service shall, as a condition of the Regional District providing
the Collection Service, but without affecting an Owner's obligation to pay fees under this Bylaw,
comply with all terms and conditions imposed from time to time by the Regional District in order to
ensure that the Contractor can safely, efficiently and legally service the Residential Strata Lots.
12. If the Owners of Residential Strata Lots receiving the Collection Service wish to opt out of the
Collection Service, the strata corporation, on behalf of all of the Owners of the Residential Strata Lots
in the strata plan that are townhouses or Bare Strata Lots, must notify the Regional District in writing
of at a minimum of one month notice:
a) the date the Private Collection Service will commence collection services at the property;
b) the name of the Private Collection Service that the strata corporation intends to have collect
Garbage, Recyclables, and Food Wastes originating from that property; and
c) any other information as required by the Regional District to conclude the Collection Service.
The Regional District's provision of the Collection Service to the Residential Strata Lots shall cease
within 60 days of the Regional District's receipt of the written notice from the strata corporation and
the Residential Strata Lots are responsible for paying fees in accordance with the Bylaw up to the date
that the Collection Service is ceased.
MULTIPLE UNIT RESIDENTIAL BUILDINGS
13. The Regional District does not provide the Collection Service to Multi-Family Dwelling Units. Owners
or Occupiers of Multi-Family Dwelling Units shall make provisions for a Private Collection Service and
disposal of Solid Waste originating from those properties.
Bylaw No. 1802
Page 10
PART 4 - RESIDENTIAL WASTE COLLECTION SERVICE
REGIONAL DISTRICT COLLECTION SERVICE
14. The Regional District will provide the following Collection Service within the Service Area as of the
Commencement Date for the collection, removal and disposal of Residential Garbage, Recyclables and
Food Wastes by way of the Automated Collection System or manual labour, or a combination thereof,
for all Dwellings Units within the Service Area under section 9, and as applicable, to those properties
for which Owners apply to receive the Collection Service under section 10 and are accepted by the
Regional District under section 11 of this Bylaw:
a) Garbage collection every two weeks;
b) Recyclables collection every two weeks; and
c) Food Waste collection every week.
15. The frequency of the provision of the Collection Service under section 15 is subject to change from
time to time, as determined by the General Manager, or as otherwise necessary to respond to
environmental, emergency or other unforeseeable circumstances.
WASTE COLLECTION CARTS
16. All Collection Carts supplied by the Contractor in connection with the Collection Service shall remain
the property of the Contractor until September 30, 2030, and the property of the Regional District
thereafter. The Collection Carts shall remain on the property of the Dwelling Unit to which they were
issued, and the Contractor and/or Regional District shall have the right to inspect, alter, remove, or
replace the Collection Carts at any time.
17. Notwithstanding the charges for the Collection Service set out in Schedule A of the Bylaw, the Regional
District will provide the following default Collection Carts to each Dwelling Unit using the Collection
Service, unless otherwise requested by an Owner or Occupier and agreed to by the Regional District
under the Cart Selection Survey conducted by the Regional District between September 23, 2019 to
December 31, 2019.
Residential Dwelling
Garbage
Cart
Recyclables
Cart
Food Wastes
Cart
a)
each single family dwelling unit
One 100L
One 240L
One 100L
b)
each single family dwelling unit with
a secondary dwelling unit
One 240L
One 360L
One 100L
18. The Owner or Occupier shall only use the Collection Cart within the capacity limits for the Collection
Carts set out in section 17 of this Bylaw.
19. The Contractor will not collect excess volumes of Garbage, Recyclables or Food Waste where they
exceed the capacity of the Collection Cart.
20. Owners or Occupiers of Residential Dwellings having Garbage, Food Waste or Recyclables for disposal
in any one Collection Period which exceeds the limitations set out in section 22 of this Bylaw shall
make their own arrangement for disposal at an Approved Disposal Site.
Bylaw No. 1802
Page 11
21. The Owner or Occupier may request a change in Collection Cart size once within a 12 month period
and shall pay the applicable exchange fees under this Bylaw.
Additional Waste for Owner or Occupiers receiving Collection Service:
a) Garbage
1. A Dwelling Unit with a 100L Garbage Collection Cart who requires additional Garbage
capacity may request an upsized 240L Garbage Collection Cart from the Regional
District, and pay the applicable fees under the Bylaw.
2. A Dwelling Unit with a Secondary Suite with a default 240L Garbage Collection Cart
who requires additional Garbage capacity may request an additional cart of in any of
the sizes offered by the Regional District, and pay the applicable fees under the Bylaw.
b) Recyclables
1. A Dwelling Unit with a 240L Recyclables Collection Cart who requires additional
Recyclables capacity may request an upsized 360L Recyclables Collection Cart from
the Regional District, free of charge.
2. A Dwelling Unit with a Secondary Suite with a 360L Recyclables Collection Cart who
requires additional Recyclables capacity may Request an additional cart in any of the
sizes offered by the Regional District, free of charge.
c) Food Wastes
1. There is no permitted upsize nor downsize options for the Food Wastes Collection
Cart.
22. The Collection Carts supplied by the Contractor in connection with the Collection Service shall not be
used for any purpose other than its intended use, which is the disposal of Garbage, Recyclables and
Food Waste permitted under the Collection Service.
ASSISTED SET-OUT SERVICE
23. Where the Owner or Occupier is Physically Challenged and unable to comply with section 26 of this
Bylaw, and does not have an able-bodied person assisting them with their household activities, the
Physically Challenged Owner or Occupier may apply to the General Manager for Assisted Set-Out
Service from the Regional District. On application for the Assisted Set-Out Service, if the General
Manager deems the Physically Challenged Owner or Occupier requires such assistance, the Contractor
will be directed to provide the Assisted Set-Out Service. The General Manager may cancel the Assisted
Set-Out Service, at their sole discretion. The General Manager may, at their discretion, obtain any
information they deem necessary to confirm that the Owner or Occupier is Physically Challenged or
otherwise requires Assisted Set-Out Service, including but is not limited to:
a) proof of the Physical Challenge from a physician by completing the Supplemental Form for
Physically Challenged Persons, and
Bylaw No. 1802
Page 12
b) a site visit from a Regional District representative to assess the Residential Dwelling.
As a condition of the Assisted Set-Out Service, on the designated Collection Day, the Owner or
Occupier shall ensure that the Collection Carts are at all times freely accessible and not enclosed
within any building or gated area. The Regional District is not responsible for any property damage as
a result of providing the Assisted Set-Out Service.
WASTE COLLECTION SET-OUT REQUIREMENTS
24. Every Owner or Occupier of Dwelling Units serviced by the Collection Service shall:
a) separate Garbage, Recyclables and Food Waste and place them in the applicable Collection
Cart, without Contamination or Banned Recyclables and not to exceed the weight limit or
capacity specified on the Collection Cart and under this Bylaw;
b) only use the Collection Carts provided by the Contractor in connection with the Collection
Service to deposit Garbage, Recyclables and Food Waste, respectively; and
c) be limited to the applicable number and size of Collection Carts supplied under section 17 of
this Bylaw.
25. On designated Collection Days, the Owner or Occupier of Dwelling Units serviced by the Collection
Service shall:
a) place Collection Carts with the lids in the closed position, no earlier than 5 AM and prior to 8
AM:
1. on the shoulder of the road or lane or along the curb in front of the Dwelling Unit or
on the property adjacent to the property line abutting the road or lane from which
the Collection Service is provided; and
2. such that the Collection Carts can be conveniently handled from the ground level and
readily assessable from such road or lane;
b) with the exception of the Food Waste Collection Cart equipped with the gravity lock, which
should be in the locked position at all times, ensure all latching devices, if any, are unlatched
by 8 AM on each designated Collection Day;
c) place all Collection Carts with a minimum one (1) metre of clearance space on all sides of each
Collection Cart, with three (3) metres of clearance space above each Collection Cart, and with
one and half (1.5) metres of clearance space from parked vehicles; and
d) remove all Collection Carts from the road, lane, or sidewalk, after collection, no later than 10
PM on each designated Collection Day.
26. Collection Carts shall at all times be kept on the property of the Residential Dwellings for which they
are assigned and under no circumstances shall they be kept, encroach upon or project over any street,
lane or public place except for the purposes outlined in section 26 of this Bylaw.
Bylaw No. 1802
Page 13
27. The Owner or Occupier of the Dwelling Unit serviced by the Collection Service shall at all times
maintain all Collection Carts supplied by the Contractor in a good, clean and sanitary condition,
without overflow and free from any liquids.
28. The Owner or Occupier of the Dwellings Unit serviced by the Collection Service shall notify the
Contractor if a Collection Cart is damaged or stolen. If a Collection Cart is stolen or damaged due to
the neglect of the Owner or Occupier, as determined by the General Manager in their sole discretion,
the Owner or Occupier shall reimburse the Regional District for its costs of repair or replacement to
the Collection Cart within 30 days of receipt of an invoice from the Regional District in accordance
with this Bylaw.
29. Where the Owner or Occupier of a Dwelling Unit serviced by the Collection Service is not in compliance
with any of the provisions of this Bylaw, the Regional District may, at its sole discretion, refuse the
Collection Service to that Owner of Occupier.
PART 5 - LITTER MANAGEMENT
30. No person shall accumulate, spill, drop, dump, dispose of any Garbage, Recyclables, Food Waste,
Prohibited Waste, Hazardous Waste, Construction and Demolition Waste, Banned Recyclables or any
other material on any street, sidewalk, boulevard, park or other lands owned by the Regional District
or other public property, or upon private property whether owned by that person or not unless that
person has obtained a valid and current Waste Stream Management License from the Regional District
for waste management on that property and the management otherwise complies with the Regional
District's bylaws.
31. No person, except the Owner or Occupier of the Dwelling Unit to which the Collection Carts were
supplied by the Contractor, shall remove any Garbage and/or Recyclables and/or Food Waste from
the Collection Carts prior to collection by the Contractor.
PART 6 - CHARGES AND FEES
32. The charges and fees set out in Schedule A to this Bylaw are payable by the Owner of the Dwelling
Unit which is serviced by the Collection Service and they shall form a charge on the Dwelling Unit, or
property on which the Dwelling unit is situated, and may be recovered in the same manner and by
the same means as overdue taxes. The charges and fees are payable whether or not:
a) the Dwelling Unit is occupied;
b) any Owner or Occupier of a Dwelling unit makes use of the Collection Service; or
c) the Collection Service is interrupted, temporarily ceased, or changed in any manner by the
Contractor, the Regional District or any other person.
33. The charges and fees set out in Schedule A to this Bylaw are levied of a Dwelling Unit as identified in
this Bylaw, including Collection Cart replacement or exchange.
34. Within the Electoral Areas of the Regional District, the charges and fees shall be invoiced annually in
advance on or about June 1st of each year and shall be due and payable as shown on the billing form.
The charges and fees invoiced by the Regional District under this Bylaw may be combined with other
utilities (water and/or sewer) invoiced by the Regional District.
Bylaw No. 1802
Page 14
35. City of Parksville, Town of Qualicum Beach and District of Lantzville will be billed each month based
on the charges and fees set out in Schedule A of this Bylaw multiplied by the number of Dwelling Units
served by the Collection System within their respective jurisdiction, as determined by the Regional
District. The amount invoiced shall be due and payable to the Regional District within thirty (30) days
of the receipt of an invoice.
36. Where the Collection Service is provided to any Residential Dwellings after the first day of January in
any year, the changes pursuant to this Bylaw shall be calculated as follows:
a) For a newly constructed Residential Dwelling, the charges for that year shall apply upon the
earlier of occupancy, the issuance of an Occupancy Permit or where there is evidence that
the Residential Dwelling is available for occupancy, and the full annual charge according to
Schedule A of this Bylaw shall be prorated by the number of days in the full months remaining
in the calendar year in which the Collection Service starts.
b) For an existing Residential Dwelling, the charges for that year shall apply from the date the
Collection Service begins and shall be prorated by the number of days in the full months
remaining in the calendar year in which the Collection Service starts.
37. To encourage prompt payment of levied charges and fees, a flat $15 discount will apply provided
charges and fees billed are paid in full, including all arrears then outstanding, to the Regional District
on or before the close of business on the date set out in the invoice issued by the Regional District.
38. All charges pursuant to this Bylaw which remains unpaid on December 31 in any year shall be deemed
to be taxes in arrears on the land or real property on which the charge was imposed, and may be
recovered as provided for in the Local Government Act.
39. No complaint of an error in any charges for rates or charges billed under this Bylaw shall be considered
and no adjustment of any such error shall be made after a period of one year has elapsed since the
end of the period for which such user rates or charges were billed. After the termination of this period,
all such user rates or charges shall be deemed to have been properly and correctly made.
40. All charges levied on a property do not in any way imply that the use of the property by the Owner is
legal or otherwise in compliance with the Regional District's bylaws. In levying the charges, the
Regional District is in no way determining that a property is incompliance with other Regional District
bylaws and the Regional District reserves all of its rights to enforce its bylaws at any time.
PART 7 - RIGHT OF ENTRY
41. The General Manager, or other such representatives as may, from time to time, be authorized by the
Regional District, including Bylaw Enforcement Officers, shall have the right to enter at all reasonable
times upon any property subject to the provisions of the Bylaw, for the purposes of ascertaining
whether any requirement of this Bylaw or the regulations in this Bylaws are being observed, including
but not limited to, determining the number and existence of Dwelling Units in a Residential Dwelling.
Bylaw No. 1802
Page 15
PART 8 - OFFENCES
42. Any person who violates any provisions of this Bylaw or who suffers or permits any acts or things to
be done in contravention of, or in violation of any of the provisions of this Bylaw, or who neglects to
do or refrains from doing anything required to be done by any provisions of this Bylaw, or who does
any act, or who violates any of the provisions of this Bylaw shall be deemed to be guilty of an infraction
and liable to the penalties imposed in this Bylaw.
43. When requested by a Bylaw Enforcement Officer, or other person authorized by the Regional District,
any person, including an Owner, who has apparently committed an offence under this Bylaw, shall
correctly state his or her name and address.
44. Every person shall at all times comply with any lawful order, direction, signal or command made or
given by a Bylaw Enforcement Officer, or other person authorized by the Regional District, in the
performance of his or her duties enforcing the provisions of this Bylaw.
PART 9 - PENALITIES
45. Any person who violates any provisions of this Bylaw, or who suffers or permits any act or thing to be
done in contravention of this Bylaw, or who refuses, omits, or neglects to fulfill, observe, carry out, or
perform any duty or obligation imposed by this Bylaw is liable, on summary of conviction, and will be
issued a bylaw notice as per Bylaw 1786 as permitted under the Local Government Bylaw Notice
Enforcement Act.
46. In addition to the penalties imposed under Section 46 any person who violates any of the provisions
of this Bylaw or who suffers or permits anything to be done in violation of such a provision shall be
liable for all costs incurred by the Regional District to remedy the harm caused by the violation
including, but not limited to, the Regional District's full costs of clean-up and disposal of any illegally
dumped materials, all related administration, labour, equipment, material and disposal costs, as well
as any legal costs that are incurred in undertaking the clean-up activities, or pursuing payment, or
both.
47. Where there is an offence that continues for more than one day, separate fines may be issued for
each day or part thereof in respect of which the offence occurs or continues.
48. Any person who contravenes any provisions of this Bylaw is liable to the Regional District for and must
indemnify the Regional District from all costs, expenses, damages and injuries resulting from the
contravention. This does not in any way limit any other provisions or any other remedy the Regional
District may have under this Bylaw or otherwise at law.
49. The Regional District may enforce compliance with this Bylaw or non-payment of fines by temporarily
or permanently discontinuing the provision of the Collection Service to any person. The Regional
District's temporary or permanent discontinuance of the Collection Service under this Bylaw does not
in any way limit the Regional District's right to collect all fees associated with the Collection Service,
or otherwise under this Bylaw, or relieve any person from their obligations under this Bylaw, including
without limitation, an Owner or Occupier's obligation to remove and dispose of all Garbage, Food
Wastes, Recyclables, Prohibited Material, Hazardous Waste, Construction and Demolition Waste,
Banned Recyclables and/or any other material from their property.
Bylaw No. 1802
Page 16
50. Nothing in this Bylaw limits the Regional District from utilizing, enforcing or relying on any other
remedy that is otherwise available to the Regional District under its bylaws or at law generally.
PART 10 - SEVERABILITY
51. Each provisions of this Bylaw is severable from each other provision, and, if any provision is
determined by a Court of competent jurisdiction to be void or unenforceable in whole or in part, this
determination shall not be deemed to affect or impair the validity of any other provision, unless a
Court otherwise determines.
PART 11 - REPEAL
52. Upon the Commencement Date (October 1, 2020) "Regional District of Nanaimo Solid Waste and
Recycling Collection Service Rates and Regulations Bylaw No. 1591, 2010", and any amendments
thereto are repealed.
Introduced and read three times this 24th day of March, 2020.
Adopted this 24th day of March, 2020.
_________________________________
___________________________________
CHAIR
CORPORATE OFFICER
Bylaw No. 1802
Page 17
Schedule `A' to accompany "Residential Curbside
Collection
of
Garbage,
Food
Waste
and
Recyclables Regulation and Charges Bylaw
No. 1802, 2020".
_________________________________
Chair
_________________________________
Corporate Officer
SCHEDULE 'A'
BYLAW NO. 1802
Utility Fees associated with Collection of Garbage, Recyclables and Food Waste
The annual rates in this schedule apply to the jurisdictions as outlined in the body of this bylaw.
Single Family Dwelling Unit
Recyclables
(same rate for any
recyclable cart size)
Food
Waste
Garbage
(utility fee determined by
garbage cart size only)
Payment after
Due Date
Prompt Payment Rate
($15 flat fee discount)
100L
100L
80L
$170
$155
240L
100L
$180
$165
360L
240L
$260
$245
Single Family Dwelling Unit with One (1) Secondary Suite
Recyclables
(same rate for
any recyclable
cart size)
Food
Waste
Garbage
(utility fee
determined by
garbage cart size
only)
Payment after
Due Date
Prompt
Payment
Rate
($15 flat fee
discount)
One upsize default cart set
360L
100L
240L
$260
$245
Customs choice
Garbage - 80L and 80L
100L
240L
360L
100L
80L X2
$340
$325
Customs choice
Garbage - 80L and 100L
100L
240L
360L
100L
80L X1
100L X1
$350
$335
Customs choice
Garbage - 80L and 240L
100L
240L
360L
100L
80L X1
240L X1
$430
$415
Customs choice
Garbage - 100L and 100L
100L
240L
360L
100L
100L X2
$360
$345
BL1802.01
BL1802.01
Bylaw No. 1802
Page 18
Customs choice
Garbage - 100L and 240L
100L
240L
360L
100L
100L X1
240L X1
$440
$425
Customs choice
Garbage - 240L and 240L
100L
240L
360L
100L
240L X2
$520
$505
Administration / Service Fees
Fee
(no discount)
Assisted Set-Out Service (1)
$120/ year/ single family dwelling unit
Cart Exchange Fee (2)
$50.00/ visit
Cart Replacement (3)
$56.40 * - 80L cart
$41.80 * - 100L cart
$59.00 * - 240L cart
$66.90 * - 360L cart
Bear Proof Cart (4)
$230/ 240L cart
(1) For approved residents under the Assisted Set-Out Service program
(2) Limit of one exchange per year per single family dwelling unit
(3) If a Collection Cart is stolen or damaged due to the neglect of the Owner or Occupier
* plus cart delivery fee of $50/ visit
(4) One-time cost
Bylaw No. 1802
Page 19
Schedule `B' to accompany "Residential Curbside
Collection
of
Garbage,
Food
Waste
and
Recyclables Regulation and Charges Bylaw
No. 1802, 2020".
_________________________________
Chair
_________________________________
Corporate Officer
SCHEDULE 'B'
BYLAW 1802
Categories and Examples of Packaging and Printed Paper
Category
Examples of PPP Accepted
Category 1 - Printed Papers
Newspapers
Daily and community newspapers
Newspaper Inserts
Newsprint advertising inserts and flyers
Magazines
Daily, weekly, monthly magazines; travel or promotional magazines
Catalogues
Retailer product catalogues; automotive and real estate
guides/catalogues
Telephone Directories
Phone books; newsprint directories
Other Printed Media
Notepads; loose leaf paper; non-foil gift wrap
Residential Printed Paper
White or coloured paper for general use, printers and copiers
Miscellaneous Printed
Papers
Blank and printed envelops; greeting cards
Category 2 - Old Corrugated Cardboard (OCC)
Old Corrugated Cardboard
Grocery store/liquor store boxes; pizza boxes
Category 3 (a) - Other Paper Packaging (containing liquids when sold)
Paper Cup (hot)
(polycoated liner)
Non-foam paper cups
Paper Cup (hot)
(biodegradable liner)
Non-foam paper cups
Paper Cup (cold) (waxed)
Non-foam paper cups
Paper Cup (cold) (2-sided
polycoated)
Non-foam paper cups
Polycoated Milk Cartons
Milk, soy, rice milk and cream cartons
Bylaw No. 1802
Page 20
Category
Examples of PPP Accepted
Aseptic Containers
Milk, soy, rice milk, cream, soup, broth and sauce containers, typically
about 1 litre in size
Multi-laminated Paper
Packaging
Microwavable paper containers; paper bowls/cups for soup
Category 3 (b) - Other Paper Packaging (not containing liquids when sold)
Old Boxboard (OBB)
Cereal boxes; shoe boxes; tissue boxes; paper towel and toilet paper
tubes; detergent boxes
Wet Strength Boxboard
Carrier boxes for soft drink containers; some frozen food paper
packaging
Moulded Pulp
Egg cartons; formed coffee take out trays; paper-based flowerpots
Kraft Papers
Paper bags
Polycoated Boxboard
Some frozen food packaging
Category 6 - Other Plastic Packaging
PETE Bottles (non-
beverage)
Salad dressing bottles; edible oil bottles; dish soap or mouthwash
bottles; window cleaners
PETE Jars
Peanut butter containers; wide-mouth jars for nuts
PETE Clamshells
Bakery trays; pre-made fruit and salad packages; egg cartons
PETE Trays
Single serve meals; deli and bakery items; housewares and hardware
products
PETE Tubs & Lids
Plastic lids for some containers
PETE Cold Drink Cups
Take-out drink cups
HOPE Bottles (non-
beverage)
Shampoo bottles, milk jugs; spring water containers; bleach containers;
vinegar containers; windshield washer fluid containers; pill bottles
HOPE Jars
Personal care products; pharmaceuticals, vitamin and supplements
containers
HOPE Pails
Laundry detergent, ice cream pails
HOPE Trays
Single serve meals; deli and bakery items; housewares and hardware
products
HOPE Tubs & Lids
Plastic lids for spreads and dairy containers
HOPE Planter Pots
Plastic garden pots
PVC Bottles
Water bottles; travel sized personal and hair care product bottles;
household and automotive liquids containers
PVC Jars
Peanut butter containers
PVC Trays
Housewares and hardware products
Bylaw No. 1802
Page 21
Category
Examples of PPP Accepted
PVC Tubs & Lids
Plastic lids for some containers
LOPE Bottles (non-
beverage)
Hygienic, cosmetics and hair care containers
LOPE Jars
Cosmetics containers
LOPE Tubs & Jars
Plastic lids for spreads and dairy containers
PP Bottles (non-beverage)
Butter and margarine containers; translucent squeeze bottles; travel
sized personal and hair care product bottles
PP Jars
Cosmetics containers
PP Clamshells
Hinged containers e.g. sanitary wipes
PP Trays
Single serve meals; deli and bakery items; housewares and hardware
products
PP Tubs & Lids
Large yogurt tubs; kitty litter containers; ice cream containers
PP Cold Drink Cups
Some cold drink cups
PP Planter Pots
Garden planter pots
PS Bottles (non-beverage)
Pharmaceuticals, vitamin and supplements containers
PS Clamshells (rigid)
Clear clamshell containers such as berry, muffin and sandwich
containers
PS Trays (rigid)
Clear rigid trays used for deli foods
PS Tubs & Lids (rigid)
Dairy product tubs and lids
PS Tubs & Lids (high
impact)
Single serve yogurt containers
PS Cold Drink Cups (rigid)
Clear rigid plastic drink cups
PS Planter Pots
Some garden pots and trays
Other1 Plastic Bottles (non-
beverage)
Bottles without a resin code or with resin code # 7
Other Plastic Jars
Jars without a resin code or with resin code # 7
Other Plastic Clamshells
Clamshells without a resin code or with resin code # 7
Other Plastic Trays
Trays without a resin code or with resin code # 7
Other Plastic Tubs & Lids
Tubs & lids without a resin code or with resin code # 7
Other Plastic Cold Drink
Cups
Cold drink cups without a resin code or with resin code # 7
1 'Other' plastic packaging is typically: manufactured from a combination of recycled resins; manufactured with a barrier layer; or,
lacking a resin code mark.
Bylaw No. 1802
Page 22
Category
Examples of PPP Accepted
Other Plastic Planter Pots
Planter pots without a resin code or with resin code # 7
Category 7 - Metal Packaging
Steel Cans (non-beverage)
Steel dog food and vegetable cans; metal lids and closures
Steel Aerosol Cans
Food spray cans; solvent spray cans
Spiral Wound Cans (steel
ends)
Spiral wound containers for frozen juice, chips, cookie dough, coffee,
nuts
Aluminum Cans (non-
beverage)
Cat food and other food cans
Aluminum Aerosol Cans
Air freshener, deodorant and hairspray containers; food spray cans;
wax and polish spray cans
Aluminum Foil and Foil
Containers
Foils wrap; pie plates; aluminum food trays
Bimetal
Containers/Aerosols
Lubricating oil spray cans; insulating foam spray cans; pesticide spray
cans