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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW NO. 29-2025
Being a By-Law to Adopt a Garbage Bag Tag Policy
for the Corporation of the Town of Bancroft.
WHEREAS Section 11(3) of the Municipal Act, 2001, as amended, gives municipalities
the authority to pass by-laws respecting matters within the spheres of jurisdiction
described as waste management;
AND WHEREAS Section 8(3) of the Municipal Act, 2001, as amended, gives the
municipality the authority to regulate a matter, require persons to do things regarding a
matter, and provide for a system of licenses respecting a matter;
AND WHEREAS Section 391 of the Municipal Act, S.O. 2001, c.25, authorizes
Council to pass bylaws imposing fees or charges on any class of persons for services
or activities provided or done by or on behalf of it, and for costs payable by it for
services or activities provided or done by or on behalf of any other municipality, or
local board;
AND WHEREAS Section 429, subject to subsection (4) of the Municipal Act, 2001,
S.O. 2001, c.25 provides that a municipality may establish a system of fines for
offences under a bylaw of the municipality passed under this Act;
AND WHEREAS the Council of the Corporation of the Town of Bancroft deems it
necessary to set parameters around waste management for all users as means to
increase recycling and other methods of sustainable waste management to avoid
additional costs to the Town of Bancroft, ensuring that waste is managed
appropriately and that users are mindful of their waste creation;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town
of Bancroft enacts as follows:
1. DEFINITIONS
1.1. "IC&I" means industrial, commercial and institutional sector services, who are
defined as schools, churches, county buildings, service clubs, as well as entities
operating out of community or "non-taxed" locations.
1.2. "Tag" means a Bancroft Garbage Tag issued by the Town of Bancroft or
designated outlets as determined by the Town.
1.3. "Town" means the Corporation of the Town of Bancroft
1.4. "Residential User" means all users aside from IC&I users.
2. REQUIREMENT FOR BANCROFT GARBAGE TAG
2.1. Every item, bag or container of waste, including residential, industrial, institutional,
and commercial waste that is set out for collection, or brought to the waste site
shall have a complete and valid bag tag affixed to the exterior of the bag in a
clearly visible location.
2.2. Every item, bag or container of waste, including residential, industrial, institutional
and commercial waste shall be sorted to ensure that the item, bag or container
does not contain recyclable materials.
2.3. The tag should be affixed in a fashion that is clearly visible upon pick-up and
positioned so that the collector may easily see the entire bag tag. No person shall
use partial bag tags.
2.4. The Town accepts no responsibility for bag tags lost or removed from waste bags
or containers.
2.5. The tag shall be purchased from the Town of Bancroft or from designated outlets
as determined by the Town at a cost established by the Town, as revised from
time to time, and such price constitutes a user fee for the collection of waste.
2.6. Waste without the appropriate "Bancroft Garbage Tag" may be collected by the
Town - however, the Town is under no obligation to collect untagged waste and
may elect to not collect it at the collector's discretion. The person who directly or
by means of an agent discarded the waste shall be liable for the total expense
incurred for the removal of the waste at a rate set by the Town as revised from
time to time plus any applicable interest or penalties. Payment shall be made
within 30 days after receipt of an invoice indicating the total expenses incurred.
2.7. Any invoices that remain unpaid for the removal of non-recyclable waste shall be
added to the tax roll of the person responsible to pay and collected in like manner
as municipal taxes.
2.8. In the case of multi-residential, institutional or commercial properties the owner of
such property shall remain liable to the Town for any costs incurred by the Town
at a rate set by the Town as revised from time to time in collecting waste without
the appropriate "Bancroft Garbage Tag" from or adjoining the premises of such
property regardless of whether such untagged garbage can be attributed to such
multi-residential, institutional, or commercial property, an owner, tenant of such
property or any other person. All invoices shall be payable within 30 days after
receipt. Invoices that remain unpaid for such waste shall be added to the tax roll
of such property and collected in like manner as municipal taxes.
2.9. No person shall use counterfeit bag tags. Persons found to be using counterfeit
bag tags will be subject to a fine. Upon a repeat offence, curbside collection
services may be suspended or terminated, and an administrative monetary
penalty may be issued.
2.10. No person shall deposit waste generated on private property into a public space
litter bin. Such action will be considered to be "dumping" and shall be subject to
the appropriate Administrative Monetary Penalty.
3. FEE STRUCTURE
3.1. RESIDENTIAL USER FEE
The residential user fee will begin at $1.00 upon implementation of this policy and
increase by fifty cents ($0.50) annually, until capping out in 2028 at $2.50.
Year 2025
Year 2026
Year 2027
Year 2028
Subsequent Years
$1.00
$1.50
$2.00
$2.50
$2.50
3.2. IC&I USER FEE
The IC&I user fee will begin at $2.00 upon implementation of this policy and increase by
fifty cents ($0.50) annually, until capping out in 2028 at $3.50.
Year 2025
Year 2026
Year 2027
Year 2028
Subsequent Years
$2.00
$2.50
$3.00
$3.50
$3.50
3.3. The fee structure is subject to change from time to time.
4. OTHER COLLECTION PROVISIONS
4.1.Collectible waste shall be set out no later than 7:00am on the designated collection
day and no earlier than 7:00pm on the day prior.
4.2.Where waste has been set out for municipal collection and has blown away or
otherwise escaped from a container in any manner, it is the responsibility of the
property owner to clean up the waste.
4.3.The Town reserves the right to refuse collection of any item, tagged or otherwise,
based on size, weight, quantity or safety hazards that may be identified.
4.4.All waste brough to the waste site shall be brought in clear or transparent bags,
such that the Waste Site Attendant can confirm the contents of the bag easily.
4.5.All persons disposing of waste at the waste disposal site shall not deposit waste
of any description in front of, behind or near the gates leading to the waste site.
This shall be determined to be "dumping" and shall be subject to the appropriate
Administrative Monetary Penal
4.6.Waste shall be set out for collection in clear garbage bags, manufactured for the
purpose of collecting waste provided that the bag does not exceed 18kg (40
pounds) in weight and has a maximum size of 79cm x 109cm (31"x43").
5. ENFORCEMENT PROVISIONS AND ADMINISTRATIVE PENALTIES
5.1.This By-Law shall be enforced by the Municipal By-Law Enforcement Officer
(hereinafter referred to as an "Officer") or their designate.
5.2. An Officer who finds that a person has contravened any provision of this By-Law
may issue a penalty notice addressed to that person.
5.3.Any person who contravenes any provision of this By-Law, upon issuance of a
penalty notice pursuant to Section 5 of the Administrative Penalty System By-Law
93-2022, as it may be amended from time to time, shall be liable to pay to the
Municipality an administrative penalty as set out in Schedule "C".
5.4.The penalty notice shall be given to the person to whom or to which it is addressed
as soon as reasonably practicable and shall include the following information:
5.4.1. Particulars of the contravention, including to which property it applies;
5.4.2. The amount of the administrative penalty; and
5.4.3. A statement advising that an administrative penalty will constitute a debt to
the Municipality.
5.5.A person who has been issued a penalty notice shall pay the administrative
penalty within fifteen (15) days from the date the notice was issued.
5.6.An administrative penalty that is deemed to be confirmed constitutes a debt to the
Municipality and may be added to the tax roll of the owner's property.
6. SERVICE OF DOCUMENTS
6.1.The Municipality may serve any document under this By-Law, including but not
limited to a penalty notice, personally to the person named on the notice, by
registered or regular mail addressed to the person to whom the document is to be
given at the person's last known address.
6.2.Service by registered or regular mail under subsection 5.2 shall be deemed to
have been made on the fifth day after the day of mailing.
6.3. A person's last known address includes the address provided by the person to the
Municipality as identified in the property tax file.
7. PENALTY PROVISIONS
7.1.Every person who contravenes any provision of this By-Law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended.
7.2.If this By-Law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may, in addition to any other remedy and to any penalty that is imposed, make an
order prohibiting the continuation or repetition of the offence by the person
convicted.
8. SEVERABILITY
8.1.If a court of competent jurisdiction should declare any section or part of a section
of this By-Law to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the remainder of the By-Law
and it is hereby declared that the remainder of the By-Law shall be valid and shall
remain in force.
9. SHORT TITLE
9.1. This By-Law shall be referred to as the "Garbage Bag Tag By-Law".
10. INTERPRETATION
10.1.Any reference in this By-Law to any statutes, regulations or By-Laws shall be
deemed to be a reference to such statutes, regulations, or By-Laws, as amended,
restated, or replaced from time to time.
11. GENDER
11.1.In this By-Law any words imparting the masculine gender shall include the
feminine gender and neutral gender and vice versa and words imparting the
singular shall include the plural where the context requires.
12. HEADINGS
12.1.The headings used in this By-Law are included solely for the convenience of
reference and are not to be considered part of this By-Law and are not intended to
be full or accurate descriptions of the contents of any section, clause, or provision
of this By-Law.
13. SCHEDULES
13.1.Schedule "A" shall be attached to By-Law 29-2025, being a schedule describing
the various AMPS Fines relating to this By-Law and shall be considered to form
part of this By-Law.
14. EFFECTIVE DATE
THAT this By-Law is enacted upon the third and final reading hereof and that all former
By-Laws or policies governing such allowances, exclusive of the Tipping Fee By-Law,
are hereby repealed.
15. AUTHORIZATION
THAT the Mayor and Clerk be and are hereby authorized to sign this By-Law and affix
the corporate seal thereto. Read a first, second and third time, and be finally passed,
signed, sealed, and numbered By-Law 29-2025, on this 8th day of April, 2025.
________________________________
PAUL JENKINS, MAYOR
________________________________
AMBER WANNAMAKER, CLERK
Original Signed Copy on File
Original Signed Copy on File
Schedule "A" to By-Law 29-2025
AMPS Fines
Administrative
Monetary Penalty
System Penalties
Item
Short Form Wording
Provision Creating
or Defining Offence
Set Fine
1.
Use of Incorrect Bags
Section 6.6
$25.00
2.
Dumping of Waste or
Recycling
Section 4.8 and 6.5
$500.00
3.
Failure to Sort Waste
and Recyclables
Section 4.2
$200.00
4.
Concealing
Prohibited or
Unsorted Materials
Section 6.4
$200.00
5.
Failure to Clean Up
Scattered Waste or
Recyclables
Section 6.2
$250.00
6.
Use of Counterfeit
Bag Tags
Section 4.8
$250.00