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DISTRICT OF UCLUELET
BYLAW NO. 2007, 2026
GARBAGE COLLECTION & REGULATION BYLAW
A BYLAW TO REGULATE COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE
AND OTHER REFUSE WITHIN THE DISTRICT OF UCLUELET
WHEREAS the Council of the District of Ucluelet, pursuant to the provisions of the
Community Charter, is empowered and authorized to:
1. Establish and maintain a system to collect, remove, and dispose of garbage, ashes,
refuges, and other noxious, offensive, unwholesome, and discarded matter; and
2. Compel persons to make use of a system established to dispose of garbage, ashes,
refuse and other noxious, offensive unwholesome and discarded matter, and
prescribe the terms and conditions on which persons make use of the system.
NOW THEREFORE the Council of the District of Ucluelet, in open meeting assembled,
enacts as follows:
1.
TITLE:
This bylaw may be cited for all purposes as "Garbage Collection & Regulation Bylaw
No. 2007, 2026".
2.
DEFINITIONS:
"Apartment"
mean any building that is, or is intended to be, occupied or
used for any portion of any one year as a dwelling by three or
more families in independent dwelling units.
"Ashes"
mean ashes, cinders and remains of any fuel, after such fuel
has been consumed by fire.
"Attractant"
means any substance, with or without an odour, which could
attract wildlife or does attract wildlife, including but not
limited to food products, pet food, feed or compost.
"Bylaw
Enforcement
Officer"
means the employee appointed by Council to enforce the
regulations of this bylaw.
"Commercial
Classification"
means any individual premises such as warehouses, factories,
fish plants, garage or service stations; commercial premises
such as shops, wholesale or retail business outlets, gift shops,
tourist related or marine orientated businesses, office
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buildings, bake shops, restaurants; institutional premises such
as hospitals, schools; multi-family premises such as mobile
home parks, apartments, row houses, condominium, or
townhouse complexes with more than three (3) dwelling
units; and other uses not included in Residential
Classification.
"Commercial
Garbage
Receptacle (Bin)"
means a loading type of commercial bin or receptacle.
"Council"
means the Council of the District of Ucluelet.
"Director of
Engineering"
means the person employed by the District of Ucluelet as the
Director of Engineering.
"District"
means the District of Ucluelet.
"Dwelling"
means any building that is, or is intended to be occupied or
used, for any portion of any one year, as a place of living,
residence, or habitation.
"Dwelling Unit"
means one or more habitable rooms, constituting a self-
contained or independent unit with a separate entrance,
which is, or is intended to be used together for living and
sleeping purposes, for not more than one family and contains
a kitchen and bathroom. This includes single family, duplex
unit apartment and suites.
"Fees and
Charges"
means District of Ucluelet Fees and Charges Bylaw 1186,
2016" as amended or replaced.
"Garbage"
shall mean and include any and all rejected, abandoned or
discarded waste of household, vegetable or animal food, floor
sweepings, crockery, metal ware, tins and bottles and other
household waste, but does not include ashes, garden refuse,
trade waste, wood or sawdust waste.
"Garbage
Collector"
means the contractor, person or municipal employee,
appointed from time to time by resolution of Council, to
collect garbage and trade waste within the District.
"Garden Refuse"
shall include all garden remains and grass, trees or hedge
clippings.
"Noxious
Material"
means any substance or hazardous material, including but not
limited to flammable/volatile liquids, explosive
chemicals/vapours, human or animal excretions, offal, dead
animals, refuse, garbage, waste products, accumulation of
ashes, branches, leaves, or yard clippings, which is
malodorous, offensive, harms or injures any person or animal.
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"Occupier"
means a person who is:
a) qualified to maintain an action for trespass;
b) in possession of Crown land under a homestead entry or
pre-emption record;
c) in possession of Crown land or land owned by a
municipality under a lease, licence, agreement for sale,
accepted application to purchase, easement or other
record from the Crown or municipality, or who simply
occupies the land.
"Property"
means land with improvement so affixed to the land as to
make them, in fact and law, a part of it.
"Recyclable
Material"
may include used newspapers, cans, glass items, cardboard
and any other items intended to be recycled.
"Refuse"
means items rejected as worthless waste.
"Residential
Classification"
means any residential premise such as single-family dwellings
or duplexes used for residential purposes only, but shall not
include: an apartment, townhouse, condominium or row
house containing more than three (3) dwelling units, or a
mobile home park.
"Residential
Garbage
Receptacle"
means a galvanized metal or plastic watertight container or
receptacle provided by the owner/occupier having a
maximum diameter of not more than eighteen (18) inches, a
maximum depth of not more than thirty (30) inches, and of a
loaded weight not to exceed forty-four (44) pounds.
"Trade Waste"
means all refuse and accumulations of waste and abandoned
materials resulting from the operation of any and all
commercial classifications.
"Wildlife"
includes any mammal that is not normally domesticated,
including but not limited to bears, wolves, cougars and
raccoons.
"Wildlife
Resistant"
means fully contained or enclosed to prevent access by
wildlife.
"Wildlife
Resistant
Container"
means a fully enclosed metal container with a metal lid and
latching mechanism that can be completely closed to prevent
access by wildlife.
"Wildlife
Resistant
Enclosure"
means a structure that has four enclosed sides, a roof, doors
and a latching device, of sufficient design and strength to
prevent access by wildlife.
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3
AUTHORIZATION:
The District is authorized pursuant to the Community Charter to:
3.1
establish and maintain a system to collect, remove and dispose of garbage,
ashes, refuse and other noxious, offensive, unwholesome and discarded
matter;
3.2
compel persons to make use of a system established to dispose of garbage,
ashes, refuse and other noxious, offensive, unwholesome and discarded
matter, and prescribe the terms and conditions on which persons make use
of the system;
3.3
enter into contracts with a person for all or part of the collection, removal
and disposal of garbage and other waste.
4.
GENERAL CONDITIONS:
4.1
This bylaw shall apply to all land within the District of Ucluelet's municipal
boundaries.
4.2
No person shall dispose of any garbage, trade waste, garden refuse or
recyclable materials except in strict accordance with the provisions of this
bylaw.
4.3
Every owner or occupier of property shall store all garbage, trade waste,
garden refuse or other noxious, offensive, unwholesome and discarded
matter in a sanitary and inoffensive manner and shall cause such garbage,
trade waste, garden refuse or other materials to be removed from the
premises to the Regional Landfill site or other government approved
disposal site.
4.4
All domestic garbage and food waste or other edible waste that could
attract domestic animals or dangerous wildlife shall be stored indoors in an
enclosed building, shed or storage facility and shall not be left in, or on any
area, accessible to domestic animals or wildlife, including on any patio,
balcony, or deck.
4.5
Every owner or occupier of property shall keep all garbage receptacles in
good condition and shall replace any that become damaged so as to be no
longer waterproof or dangerous to persons handling them.
4.6
No owner/occupier shall place a garbage receptacle out before 5:00 a.m. on
the morning of scheduled garbage collection.
4.7
No owner/occupier shall throw, place or pile, or cause to be thrown, placed
or piled upon, any street, lane or private property, any waste product,
refuse, or domestic garbage.
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4.8
No person shall place or allow to be placed in any garbage receptacle any
raw sewage, highly flammable material, dangerous or highly offensive
wastes, dead animals, hot or loose ashes, demolition materials, any
explosive or noxious material classified as dangerous goods.
4.9
Every owner or occupier of property shall be responsible to make their own
arrangements to dispose of:
a)
all bulky waste and garden refuse;
b)
all garbage in excess of two garbage receptacles that is included in
the residential garbage collection service, unless an approved
garbage collection sticker has been placed on each additional
receptacle;
c)
ashes;
d)
trade waste, wood or sawdust waste;
e)
explosives, raw sewage, highly flammable materials, dangerous or
highly offensive wastes, dead animals;
f)
demolition or construction materials;
g)
items of any kind that exceed the size or weight allowed for a
residential garbage receptacle.
5.
GARBAGE COLLECTION - RESIDENTIAL CLASSIFICATION:
5.1
The residential garbage collection service provided by the District is
designed to be utilized by the owners or occupiers of:
a) all detached, single-family dwelling units;
b) all duplexes;
c) all multi-family buildings to a maximum of three dwelling units.
5.2
The residential garbage collection service shall be provided every week.
5.3
The maximum number of garbage receptacles that is included in the
residential garbage collection service is two (2) receptacles per dwelling
unit, each of which must not exceed the following:
i) maximum diameter of eighteen inches
ii) maximum depth of thirty (30) inches
iii) maximum loaded weight of forty-four (44) pounds. (Bylaw No 968, 2004)
5.4
Each garbage receptacle that is placed for collection that is over the
maximum allowable of two receptacles must have an approved garbage
collection sticker placed on the receptacle, or the receptacle will not be
collected. Stickers may be obtained at the District of Ucluelet office for a fee
as outlined in the Fees and Charges Bylaw.
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5.5
All garbage intended for collection and placed in residential garbage
receptacles must be enclosed within a bag or other container so as to
contain such garbage within the receptacle.
5.6
Every owner or occupier of property serviced by the residential garbage
collection system of the District must:
a) place all garbage for collection in one or two residential garbage
receptacles.
b) place all receptacles for collection in full view of and beside the travelled
portion of the roadway servicing the property no earlier than 5:00 a.m.
and no later than 8:00 a.m. on the regularly scheduled day for collection.
c) ensure that each garbage receptacle in excess of the maximum allowed
per property has an approved garbage collection sticker placed on the
receptacle.
5.7
Every owner or occupier of property shall be responsible to make their own
arrangements to dispose of items of any kind that exceed the size or weight
allowed for a residential garbage receptacle.
5.8
Any householder or owner possessing a dog, which a duly authorized
garbage collector deems dangerous, or a hindrance to him in collecting the
garbage, must keep such dog housed or leashed during the day on which the
garbage is collected, or until after garbage collection has been completed.
6.
EXTENDED SERVICE:
6.1
Residents receiving the basic service and requiring garbage collection
beyond the basic service provided, shall be required to access extended
service through the use of garbage tags purchased as authorized by the
District for this service and within the limits defined herein.
a) Garbage tags may be purchased from the District of Ucluelet;
b) The District imposes a charge of $2.00 for each garbage tag;
c) Each garbage tag will provide for the collection of one (1) garbage
container as allowed under extended service. A maximum of two (2)
standard garbage containers may be put out for scheduled collection.
d) Garbage tags are not reusable or refundable and are only for the use of
acquiring services provided as extended service for refuse collection
within the District of Ucluelet.
e) Garbage tags shall be attached to the top of each container to be
collected in a location that provides for easy access and is clearly visible
to the garbage collector.
7.
GARBAGE COLLECTION - COMMERCIAL CLASSIFICATION:
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7.1
Owners and occupiers of buildings with a commercial classification pursuant
to this bylaw shall make their own arrangements for the removal and
disposal of garbage.
7.2
Commercial Garbage Receptacles must not be placed on municipal property
or on road or highway rights-of-way.
7.3
Commercial Garbage Receptacles must be placed on private property and,
where possible, must be placed in a location out of or screened from, public
view.
7.4
All Commercial Garbage Receptacles must be wildlife resistant.
8.
CONSTRUCTION SITE REFUSE DISPOSAL:
8.1
All construction sites must have a designated container that receives refuse.
The container must:
a) be emptied at the end of each day and stored in a building or trailer; or,
b) be stored in a wildlife resistant enclosure; or,
c) be a wildlife resistant container.
9.
GARBAGE RATES
9.1
The fee for the services to be performed under this bylaw for each dwelling
unit shall be as outlined in the Fees and Charges Bylaw.
9.2
Where a building is used for more than one dwelling, each dwelling shall be
charged in accordance.
9.3
All such charges on dwellings shall be levied on assessed owners of such
lands and premises lying and being in the District and shall be collected for
the year on a tri-annual basis.
9.4
The District tax collector shall enter into the Collector's roll the total annual
garbage collection charges levied upon each parcel of real property in the
District containing a dwelling thereon and if such charges remain unpaid on
the 31st day of December in any one year, they shall be added to and form
part of the taxes payable in respect of that real property and shall be
entered upon the Collector's Roll as taxes in arrears.
9.5
Extended service garbage stickers may be purchased for a fee as outlined in
the Fees and Charges Bylaw.
10.
ADDITIONAL PROVISIONS TO MINIMIZE WILDLIFE/HUMAN CONFLICTS
10.1
No person shall knowingly or willingly feed wildlife, or provide in any manner
access to garbage, food or other attractants to wildlife.
10.2
Bird feeders are allowed but must be inaccessible to wild animals.
10.3
Every person must take remedial action to avoid contact or conflict with
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wildlife after being ordered by the Bylaw Enforcement Officer that such
action is necessary. Remedial action may include, but is not limited to
securing, in a wildlife resistant enclosure, all garbage containers, removal of
cooking grills, pet food, bird feeders or any other attractants.
11.
BYLAW ENFORCEMENT OFFICER
11.1
For the purposes of this bylaw, the designated Bylaw Enforcement Officer
means any of the following;
a) Bylaw Enforcement Officer
b) Chief Administrative Officer
c) Director of Engineering
d) Royal Canadian Mounted Police or auxiliary RCMP members.
11.2
The Bylaw Enforcement Officer is authorized and empowered to inspect,
compel, and require that all the regulations and provisions prescribed in this
bylaw are carried out.
12.
VIOLATION AND PENALTY:
12.1
No person shall prevent or obstruct, or attempt to prevent or
obstruct, a Bylaw Enforcement Officer in the enforcement of the
provisions of this bylaw.
12.2
Any Person who causes, permits or allows anything to be done in
contravention or violation of this Bylaw, or who neglects or fails to
do anything required to be done pursuant to this Bylaw, commits an
offence against this Bylaw and is liable upon summary conviction to
pay a fine of not more than $50,000, plus the costs of prosecution,
and any other penalty or remedy available under the Community
Charter and Offence Act.
12.3
This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw
Notice Enforcement Bylaw No. 2000, 2026" as amended or replaced.
12.4
Where an offence under this Bylaw is of a continuing nature, each
day that an offence continues, or is permitted to exist, constitutes a
separate offence.
13.
SEVERABILITY:
13.1
If any provision of this Bylaw is determined by a court of competent
jurisdiction to be unlawful or unenforceable, that provision shall be severed
from this Bylaw and shall not affect the validity of any remaining provision of
this Bylaw.
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14.
ADMINISTRATIVE PROVISIONS:
14.1
This bylaw hereby repeals "District of Ucluelet Garbage Collection &
Regulation Bylaw No. 960, 2004".
READ A FIRST TIME this 28th day of April, 2026.
READ A SECOND TIME this 28th day of April, 2026.
READ A THIRD TIME this 28th day of April, 2026.
ADOPTED this 26th day of May, 2026.
____________________________
__________________________
Marilyn McEwen
Ed Chow
Mayor
Corporate Officer
THE CORPORATE SEAL of the District
of Ucluelet was hereto affixed in the
presence of:
Ed Chow, Corporate Officer