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THE CORPORATION OF THE TOWN OF HAWKESBURY
BY-LAW N° 51-2022
Being a by-law to replace By-law N°86-96, to regulate the storage, collection, and
removal and disposal of residual waste in the Town of Hawkesbury
(consolidated with By-law N°8-2023, 16-2024)
__________________________
WHEREAS section 11 (3) of the Municipal Act, 2001, provides that the council of a
municipality may establish a system for the collection, removal and disposal of garbage,
of non-hazardous solid waste and recyclable material;
AND WHEREAS Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 provides that
a municipality may delegate its administrative and hearing powers;
(amended by By-law N°16-2024)
AND WHEREAS section 41(7) of the Planning Act, R.S.O. 1990, a municipality may
require the owner of the land to provide to the satisfaction of and at no expense to the
municipality any or all of the following: Vaults, central storage and collection areas and
other facilities and enclosures for the storage of garbage and other waste material;
AND WHEREAS Section 127 of the Municipal Act, 2001 authorize a municipality to
require the owner or occupant of the land to clean refuse or debris from the land, not
including the buildings AND prohibit the depositing of refuse or debris on land without
the consent of the owner or occupant of the land;
AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons for services or activities provided or done by or on
behalf of it;
(amended by By-law N°16-2024)
AND WHEREAS Section 434.1 (1) of the Municipal Act, 2001, provides that a
municipality may require a person, subject to such conditions as the municipality
considers appropriate, to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a by-law passed under the Municipal Act,
2001. (amended by By-law N°16-2024)
NOW THEREFORE the Municipal Council of the Corporation of the Town of
Hawkesbury enacts as follows:
By-law N°51-2022
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1. DEFINITIONS
Waste materials are comprised of various residues, many of which can be revalued
either by reuse, recycling, or composting. In this By-law, unless the context indicates
otherwise, the following definitions apply:
"Ashes" means the extinct residue from the burning of coal and wood which would
normally accumulate at a dwelling or place of business and includes soot.
("Cendres")
"Back-load container" means a metal container with a cover which is weather-
resistant and animal-resistant designed for the disposal of waste with a capacity of
1.5 to 6 m3, with handles on both sides, which must not be filled higher than its sides,
and which can be collected using a back-load collection truck. Commonly referred to
as a dumpster. ("Conteneur à chargement arrière")
"Bag" means a plastic bag measuring no more than 30" x 38" (76 cm x 96 cm), and
with no less than 1.2 mil gauge thickness, securely fastened and closed at the top.
("Sac")
"Bulky material" includes large items which can be recycled or which cannot be
placed in a bin with the lid closed, such as mattresses, rugs, exercise equipment, hot
water tanks, pool filters, water softener tanks, large household electrical appliances
and furniture. "Bulky materials" excludes "CRD", car parts, scrapped cars, branches,
logs, firewood, and all loose materials stacked in bulk. In case of disagreement
about whether an article should be collected or not, the Director's decision is final.
("Encombrant")
(amended by By-law N°8-2023)
"By-law Enforcement Officer" means anyone appointed by the Corporation of the
Town of Hawkesbury to enforce the provisions of this by-law. ("Agent chargé de
l'application des règlements")
"Collection" means the action of collecting all the waste at the edge of the
pavement, sidewalk, curb or shoulder of a street or other area according to
established practice and approved by the Director, and of loading the contents into
trucks. ("Collecte")
"Collector" means a person or firm employed by the Town for the purpose of
collecting waste material. ("Éboueur")
"Commercial Establishment" includes any property, building or land classified as
zone Community Core Commercial (CC), Highway Commercial (CH), Local
Commercial (CL) or Regional Commercial (CR) as per the Town's Zoning By-law, as
amended. ("Établissement commercial")
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(amended by By-law N°8-2023)
"Condominium" means a building or multiple unit development in which each
individual unit is held in separate private ownership and all floor space, facilities and
outdoor areas used in common by all tenants are owned, administered and
maintained by a corporation created pursuant to the provisions of the Condominium
Act. ("Condominium")
"Condominium Corporation" means a corporation created pursuant to the
provisions of the Condominium Act for the administration and management of a
condominium. ("Association condominiale")
"Council" means the Municipal Council of the Town of Hawkesbury. ("Conseil")
"CRD" includes material from the construction, renovation and demolition (CRD) of
residential buildings, for work carried out by the occupants of residential buildings
placed in a container (other than the blue bin), or any other debris tied together
allowing for safe manual handling. "CRD" material includes: timber; gypsum; ferrous
and nonferrous metals; asphalt shingles; large plastic or cardboard packaging; doors
and windows, vinyl coating; hard plastics; bricks and unistone placed in containers.
"CRD" excludes demolition debris and work carried out by contractors; sharp or
dangerous objects for collectors; tires; sand, concrete paver slabs, stone, soil,
asphalt and concrete residues; and all materials stacked in bulk. In case of
disagreement about whether an article should be collected or not, the Director's
decision is final. ("CRD")
"Director" means person serving as the Director of Public Works and Engineering
Department of the Town and his or her delegates. ("Directeur")
"Dwelling" or "Dwelling Unit" means one (1) or more rooms connected together
as a separate unit in the same structure and constituting an independent
housekeeping unit for residential occupancy by persons with facilities for persons to
sleep, cook and eat and including its own sanitary facilities. ("Résidence" ou "Unité
résidentielle")
"Electronic Material" includes computer hardware such as CRT monitors or flat
screens, printers, desktop computers, servers, laptops, scanners, mouse and
keyboards; communication devices such as cellphones, landline phones and
portable phones; office equipment such as copiers and fax machines; domestic
appliances such as televisions, DVD and VHS players, radios, and in general, all
equipment accepted by the Resource Productivity & Recovery Authority (RPRA).
("Résidus électroniques")
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"Food Residue for Industrial Composting" includes organic compostable
materials in industrial installations and refused in household composters: meat, fish
and bones; fats, sauces, cheeses, dairy products. Food oils should be disposed of
with the household hazardous waste. ("Matières alimentaires pour compostage
industriel")
"Garbage" includes waste material which cannot be recycled and which is destined
for landfill. Garbage excludes: reusable items, recyclable materials, green residue,
trees, bulky materials and CRD, electronic materials, batteries, light bulbs,
hazardous waste, tires, Christmas trees and any other waste material separately
collected by the Town. ("Ordures")
"Grasscycling & Leaf Mulching" means the recycling of dead leaves or grass by
leaving the leaf debris or grass clippings on the lawn when mowing. ("Feuillicyclage
et herbicyclage")
"Green Residue" includes compostable materials from plant remains, from green
space maintenance and from pruning of hedges. This includes grass; dead leaves,
plants and other plant residues (coniferous needles, hedge clippings, weeds, etc.);
bark, shavings, sawdust; residues from the garden, residues from fruit trees;
branches tied in bundles; houseplants including potting soil and twigs. "Green
residue" excludes food residue; recyclable materials; plastics; clothing; animal litter
and excrement from domestic animals or humans; pieces of wood; lumber; paint, oil
and other household hazardous waste; tree trunks, stumps; rocks, earth, pebbles
and stone; dead animals. ("Résidus verts")
"Grey Bin" means the plastic container on wheels, designed for the disposal of
waste approved by the Town, with a capacity of 240 litres for a residential property
and with a capacity of 360 litres for a commercial or multi-dwelling residential
building, filled no higher than its sides. The grey bin is supplied by the Town, has a
serial number and the Town logo and remains the property of the Town. ("Bac gris")
"Household Appliance" means a large electrical appliance used in a household,
such as a refrigerator, stove, dishwasher, hot water tank and other similar
appliances. ("Appareil électroménager")
"Household Composter" means a receptacle which can receive organic material
for composter and serves to create household compost. ("Composteur domestique")
"Hazardous Waste" includes any substance, which, by reason of its properties,
presents a danger to health or the environment and which corresponds to the
definition of corrosive, toxic, flammable, radioactive or oxidizing as identified by the
Ministry of the Environment, as well as any substance or object treated as a
By-law N°51-2022
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hazardous material. Also referred to as household hazardous waste. ("Résidus
domestiques dangereux")
"Institutional Establishment" includes any property or building used by or for a
religious institution, government institution, educational facility, retirement home or
nursing home, as well as any other institutional use as defined in the Town's Zoning
By-law. ("Établissement institutionnel")
"Multi-Dwelling Building" includes any property or building, with 5 or more units of
occupation, classified as Apartment or Townhouse (Planned Unit) as per the Town's
Zoning By-law, as amended. "Multi-Dwelling Building" may also be
referred to as a multi-residential, multi-dwelling residential building, multidwelling
apartment or multi-dwelling property. ("Immeuble multi-résidentielle")
(amended by By-law N°8-2023)
"Occupant" is a
i.
the tenant of the property or part thereof whose consent shall extend only to
the control of the land of which they are a tenant, and any parking spaces
allotted to them under their lease or tenancy agreement;
ii.
the spouse of a tenant;
iii.
a person or a municipality, or a local board thereof, having an interest in the
property under an easement or right of way granted to or expropriated by the
person, municipality or local board whose consent shall extend only to the
part of the property that is subject to an easement or right of way;
iv.
a person authorized in writing by an occupant as defined in clauses a), b ), or
c) to act on the occupant's behalf for requesting the enforcement of a by-law
under this paragraph. ("Occupant")
"Organic Material" includes green residue, waste from trees or shrubs, organic
material for composter, food residue for industrial composting. ("Matières
organiques")
"Organic Material for Household Composter" includes waste materials of plant
origin, with the exception of oils, such as: green residue; fruit and vegetable residue,
bread, pasta, legumes, crushed eggshells; coffee filters and coffee grounds, tea and
herbal tea bags and leaves, dead leaves, twigs, straw; shavings, pellets and
sawdust; newspaper (grey ink only), cardboard egg boxes. Rejected materials:
meat, fish, bones; fats and oils, sauces, cheeses, dairy products; animal feces; sick
plants and sick leaves. ("Matières organiques pour compsteur domestique")
"Owner" when used in relation to property means:
i.
the registered owner of the property;
By-law N°51-2022
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ii.
the registered owner of a condominium unit, whose consent shall extend only
to the control of the unit of which they are the owner and any parking spaces
allotted to them by the condominium corporation or reserved for their
exclusive use in the declaration or description of the property;
iii.
the spouse of a person described in clause i or ii;
iv.
where the property is included in a description registered under the
Condominium Act, S.O. 1998, C.19, the board of directors of the
condominium corporation;
v.
a person authorized in writing by the property owner as defined in clause i, ii,
iii or iv;
vi.
to act on the owner's behalf for requesting the enforcement of a by-law
passed under this paragraph. ("Propriétaire")
"Person" includes an individual, an association, an organization, a firm, a
partnership, a corporation, an agent or trustee and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
("Personne")
"Person Authorized by the Town" means a licence inspector, an inspector
appointed under any by-law of the Town, a By-law Inspector, a Public Health
Inspector, the District Medical Officer or any person authorized by the Medical
Officer. ("Personne autorisée par la Ville")
"Police Force" means the Ontario Provincial Police (OPP) and includes any
detachment to the Town of Hawkesbury by agreement or otherwise having
jurisdiction in the Town of Hawkesbury. ("Services policiers")
"Public Property" means the streets, alleys, squares and public places, including
sidewalks, medians, stairs, off-street bike paths, excess right-of-way of the public
road, watercourses, parks and public gardens. ("Propriété publique")
"Recyclables" includes any material accepted in the blue box program, to be
disposed of by an occupant or owner in the blue box along with other recyclables too
bulky to be placed in the blue box, such as tied paper or cardboard bundles. The list
of materials accepted under the blue box program generally includes paper,
cardboard, aluminum, glass containers and select plastics. The list of accepted
materials is subject to change and the updated list is published by the Town
annually. ("Recyclables")
"Reusable" includes any items for which a real and practical secondary application
exists, without substantial change to its form or function, including appliances and
furniture which can be economically repaired or refurbished and building materials
and textiles, which can be re-utilized in further building or textile applications.
("Matières réutilisable")
By-law N°51-2022
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"RFID Technology" means the wireless reading technology of identification
markers (transponders) by radio frequency. ("Technologie RFID")
"Special Collection" means collection of household trash articles which are not
normally picked up in the regular weekly collection. Special Collection shall take
place in accordance with a predetermined schedule. ("Collecte spéciale")
"Tag" means a tag used for the identification of excess garbage bags, available at
the Town at a predetermined and published cost. ("Étiquette")
"Town" means the Corporation of the Town of Hawkesbury. ("Ville")
"Transponder" means the identification marker comprised of an encapsulated
microchip, readable at a distance by RFID technology. The transponder affixed to a
bin links it to a property. ("Transpondeur")
"Unit of Occupancy" means a room or suite of rooms used or destined to be used
as a residence or for commercial, institutional or industrial activities. ("Unité
d'occupation")
"Waste Material" means all abandoned materials or materials destined to be
abandoned and shall not include reusable items. More specifically, waste material
includes recyclable materials, organic materials, bulky materials and CRD, electronic
materials, household hazardous waste and garbage. ("Matières résiduelles")
2. APPLICATION
2.1. The provisions of this by-law apply to the owners and occupants of all
residential, multi-residential, commercial and institutional establishments within
the Town of Hawkesbury as defined in Section 1 of this by-law.
2.2. Non-residents and persons not owning property within the Town of Hawkesbury
shall not at any time have access to or use of the Town's waste collection
services and, if found in contravention of this rule, shall be held accountable as
per the offences and penalties set out in Section 16 of this by-law.
2.3. The Police Force which includes Police Officer, Constable or Special Constable,
the By-law Enforcement Officers and any person authorized by the Town are
hereby appointed for the purposes of the enforcement of this by-law as it applies
within the geographic limits of the Town of Hawkesbury.
By-law N°51-2022
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3. WASTE MATERIALS
3.1. WASTE COLLECTION SERVICES
3.1.1. The Town offers a waste collection service for materials generated by
units of occupancy within its territory. Subject to the terms and conditions
contained in this by-law, the Town shall collect recyclable materials, green
residue, branches, bulky materials, garbage and items eligible for special
collection services. The collection of waste materials is carried out according
to the day and schedule determined by Council resolution.
(amended by By-law N°8-2023)
3.1.2. The fee structure for the services authorized by this by-law is determined
on an annual basis and provided in the following by-laws:
3.1.2.1.
For residential units: A by-law to impose a rate for the collection,
removal and disposal of garbage and recyclable material (blue box
program).
3.1.2.2.
For non-residential units: A by-law to impose a rate for the
collection, removal and disposal of garbage for non-residential units.
3.2. OBLIGATIONS OF AN OWNER OR OCCUPANT
3.2.1. Every property owner or occupant in the Town shall promptly remove or
place for removal all waste material which must be removed from the said
property which he owns or occupies, in accordance with the provisions of
this by-law. Every owner or occupant must ensure that he has separate
regulation containers for waste material collection. Any private truck or
vehicle carrying waste material shall be covered in such manner that the
contents will not spill.
3.2.2. Every owner of a property containing more than one dwelling unit shall be
responsible for the management of waste material containers and for any
infringement of this by-law occurring upon their property whether or not such
owner was the occupant of the property at the time the infringement
occurred.
3.2.3. A condominium corporation shall be responsible for any infringement of
this by-law occurring upon their shared property.
3.2.4. In an effort to reduce waste, the Town encourages all persons to assess
whether an item is reusable and make use of an appropriate reuse centre or
service for all items deemed reusable. A table of local options for such
reusable items is provided on the Town's website.
By-law N°51-2022
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3.3. OBLIGATIONS OF A MULTI-DWELLING BUILDING OWNER & CONDOMINIUM
CORPORATION
3.3.1. Every owner of a multi-dwelling residential building and condominium
corporation shall maintain and keep located at all times, on the premise,
sufficient separate regulation containers for waste materials to allow any
occupant using the premises to comply with this by-law. Every owner of a
multi-dwelling residential building and condominium corporation shall ensure
that instructions regarding the collection of waste materials are posted in
locations visible to any occupant residing in the building.
3.4. SETTING OUT OF WASTE MATERIALS IN A DESIGNATED CONTAINER
3.4.1. It is specifically prohibited to dispose of any waste material in a container
other than the designated container for this material, which container shall
exclusively be used for the storage of the waste material for which it is
designated under the by-law. For example, green residue cannot be placed
in plastic bags and garbage must be placed exclusively in the grey bin.
3.5. INTERRUPTION OF SERVICES BY THE TOWN
3.5.1. The Town reserves the right to interrupt its collection for any unit of
occupancy where waste materials are not stored, placed or sorted according
to this by-law.
3.6. MAINTENANCE OF CONTAINERS
3.6.1. No one shall set out any waste material in a container that is not in good
working order. It shall be the responsibility of the owner or occupant of a unit
of occupancy to ensure that all containers and the space where they are
placed or stored is properly maintained and cleaned regularly, particularly to
prevent the accumulation of waste material, or the presence of any insect,
rodent, vermin, or noxious odour.
4. RECYCLABLE MATERIALS
4.1. OBLIGATIONS FOR COLLECTION
4.1.1. Recyclable materials will only be collected if stored and placed in
accordance with the present by-law. They will not be collected if the
recyclables container contains materials other than recyclable materials.
4.1.2. For collection purposes, the recyclable materials must be prepared as
follows:
By-law N°51-2022
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- cardboard must be reduced, folded or compacted in order to be included
inside the container used, or tied neatly in a bundle not exceeding 30" (76
cm) in height, width or length
- glass, metal and plastic packaging must be emptied of all contents,
cleaned, rinsed and with caps or lids removed
- paper, flyers and newspapers must be removed from their delivery bags.
4.2. CONTAINERS
4.2.1. For collection purposes, recyclable materials must be placed exclusively in
the following containers:
- a blue box designated for recyclables (available for purchase at Town
hall)
- a blue bin designated for recyclables and compatible with the collection
vehicle
- a cardboard box, not exceeding 30" (76 cm) in height, width or length
- a clear bag, tied to secure its contents
4.2.2. No container shall weigh in excess of 50 lbs (22.6 kg) when set out for
collection.
4.2.3. Each commercial establishment is limited to three (3) blue bins of 360
litres, or 1080 litres. Any commercial or industrial establishment that
generates recyclable materials in excess of the amount provided under this
section is not entitled to municipal collection services and must be served by
a private collection.
4.2.4. Any recyclable materials, whether compliant or non-compliant, which are
placed elsewhere than in a container described in paragraph 4.2.1. will not
be collected.
4.2.5. The Town does not offer a collection for recyclable materials for
institutional and industrial and commercial buildings that are not served by a
designated blue bin.
5. ORGANIC MATERIALS
TYPES OF ORGANIC WASTE MATERIALS
The following categories represent organic waste materials:
- Green residue
- Branches, trees, trunks, stumps, shrubs and roots
- Christmas trees
- Organic material for household composter
- Food residue for industrial composting
5.1. GREEN RESIDUE - OBLIGATIONS FOR COLLECTION
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Green residue will only be collected if it is stored and placed in accordance with
the present by-law. During green residue collection, the following requirements
apply:
5.1.1. Whole trees, pieces of wood, lumber, shrubs, roots, stumps, trunks, food
residue for industrial composting and organic material for household
composter are NOT accepted in the green residue collection.
5.1.2. Branches of a diameter not exceeding 6 inches (15 centimetres) diameter
and 39.3 inches (1 metre) in length may be collected separately when
prepared as provided in paragraph 5.1.3.
5.1.3. Branches must be tied together neatly in bundles not exceeding 39.3
inches (1 metre) in length and 12 inches (30 centimetres) in diameter each.
The cord shall be of sufficient strength to permit the lifting and loading of the
bundle into the collection vehicle. Branch bundles should be placed next to
the green residue for collection, perpendicular to the land, with the largest
end at the curb of the street.
5.1.4. Tree residues, including branches, from tree felling are not accepted
during branch collection. The owner or occupant of any building is
responsible for removing or arranging for the removal and transport of all
residues from tree felling to an appropriate treatment centre.
5.2. GREEN RESIDUE - CONTAINERS
5.2.1. For collection purposes, green residue materials must be placed
exclusively in a compostable paper bag or a bin as provided in paragraph
5.2.2. The only exception made is for bundles of branches prepared in
accordance with Section 5.1.
5.2.2. If green residue is placed in a bin for collection, the bin must have a
capacity of 40 L or more and have a fully closed lid. Use of any other
container, including a blue bin, a blue box, a grey bin or a plastic bag, is
prohibited.
5.2.3. The recipient (bag or bin) should not contain more than 150 litres or weigh
more than 25 kg and must not be filled higher than its sides.
5.2.4. No plastic bag (whether biodegradable or not) will be collected.
5.3. CHRISTMAS TREES - OBLIGATIONS FOR COLLECTION
5.3.1. During the month of January, Christmas trees can be placed at curbside
during the Christmas tree collection period predetermined and published by
the Town. All lights and decorations, including garlands, must be removed.
The Christmas tree cannot be placed in a plastic bag. Christmas trees will
not be collected during garbage collection.
5.4. ORGANIC MATERIAL FOR HOUSEHOLD COMPOSTER
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5.4.1. Compostable materials should be disposed of in a composter available for
this purpose. Only organic materials for household composter (of plant origin
and excluding oils) can be placed in a household composter. Once compost
is ready, it should be used on the private property.
5.4.2. If an occupant elects not to use a household composter, organic materials
for household composter must be disposed of with garbage in the grey bin in
accordance with the requirements of Section 8.
5.5. FOOD RESIDUE FOR INDUSTRIAL COMPOSTING
5.5.1. Food residue for industrial composting must be disposed of with garbage
in the grey bin in accordance with the requirements of Section 8.
5.6. GRASSCYCLING AND LEAF MULCHING
5.6.1. Placing grass clippings or leaf debris in a container destined for a
recyclable material or garbage collection is prohibited.
5.6.2. In order to reduce the amount of green residue which must be collected
and transported to a composting site, the Town strongly recommends that
residents adopt grasscycling and leaf mulching practices while conducting
lawn maintenance work.
6. ELECTRONIC MATERIALS
6.1. OBLIGATIONS FOR COLLECTION
6.1.1. Electronic materials must only be disposed of according to the provisions
of the present by-law.
6.1.2. Electronic materials cannot be stored and will not be collected at the
curbside waste material collection.
6.2. COLLECTION POINTS
6.2.1. Recycling and disposal of electronic material is available at the following
collection points:
- at most retail stores where an equivalent new product is purchased
- at the recycling drop-off site
- at a reuse or resale location if it is in good condition
7. HAZARDOUS WASTE
7.1. OBLIGATIONS FOR COLLECTION
By-law N°51-2022
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7.1.1. Household hazardous waste must only be disposed of according to the
provisions of the present by-law. Household hazardous waste cannot be
stored and will not be collected at the curbside waste material collections.
7.2. COLLECTION POINTS
7.2.1. Household hazardous waste is accepted at various designated drop-off
points according to the nature of the hazardous waste. A reference
document listing the preferred drop-off and collection options for the
respective waste types is published by the Town.
7.2.2. Household hazardous waste is also accepted on one predetermined day
per year, during the household hazardous waste collection event. The
following materials are not accepted during this collection event: tires,
biomedical materials, products containing asbestos, compressed air
containers, and contaminated soil.
8. GARBAGE
8.1. OBLIGATIONS FOR COLLECTION
8.1.1. Garbage will only be collected if it is stored and placed in accordance with
this by-law. Garbage will not be collected if the container contains recyclable
materials, green residue, tree residue, bulky materials and CRD, electronic
materials, household hazardous waste, tires and Christmas trees. Garbage
can be placed in plastic bags within the designated grey bin or back-load
container.
8.2. CONTAINERS
8.2.1. For purposes of collection, garbage must be placed exclusively in the
following containers:
a grey bin designated for properties which are served by Town collection
a bag properly identified with a tag especially provided by the Town for
this purpose. Any such excess garbage bags must not exceed 13.6 kg
(30 lb) each and must be placed alongside a designated grey bin served
by Town collection.
a back-load container for the buildings which are served by private
collection
8.2.2. The Town does not provide, maintain, repair or sell back-load containers.
The provision of such containers must be arranged by the owner.
8.2.3. The Town provides all eligible properties with their initial grey bin(s) at half
cost, in accordance with the quantity limitations set in Section 8.3. Any
additional or subsequent grey bins required can be purchased from the
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Town at cost. Any properties requiring designated bins after the initial
distribution in 2023 will be required to purchase them from the Town at cost.
(amended by By-law N°8-2023)
8.2.4. The grey bin is and remains the property of the Town. It must not, under
any circumstances, be removed from the property to which it is assigned.
The occupant or property owner is responsible for the grey bin. Should
damage occur to a grey bin which is not attributable to collectors, or
accidental fire, the owner or occupant must pay the replacement costs.
(amended by By-law N°8-2023)
8.2.5. A designated grey bin must not be filled higher than its sides and must not
contain more than:
50 kg of garbage in a 240-litre bin
60 kg of garbage in a 360-litre bin
8.2.6. Any garbage, whether compliant or non-compliant, which is placed
elsewhere than in the designated containers described in section 8.2.1. will
not be collected.
8.3. DISTRIBUTION OF GREY BINS
8.3.1. Only one 240 L grey bin will be distributed per unit of occupancy for all
residential properties other than multi-dwelling properties.
8.3.2. For eligible multi-dwelling, commercial and institutional buildings, only 360
L grey bins will be distributed. The quantity of grey bins distributed will be a
function of the units of occupancy, the typology of the property and the
respective waste disposal requirements, and will be subject to the grey bin
quantity limits set out in paragraphs 8.3.5., 8.3.6, 8.3.7. and 8.3.8.
8.3.3. The designated number of grey bins will be assigned to each property
address with the help of a transponder.
8.3.4. Any additional grey bins required will incur additional collection and
disposal fees as regulated in the respective by-laws defined in Section 3.1.2.
8.3.5. Each commercial or industrial establishment is limited to three (3) grey
bins of 360 litres, or 1080 litres. Any commercial or industrial establishment
that generates garbage in excess of the amount provided under this section
is not entitled to municipal collection services and must be served by a
private collection.
8.3.6. Each institutional establishment is limited to eight (8) grey bins of 360
litres, or 2880 litres. Any establishment that generates garbage in excess of
the amount provided under this section is not entitled to municipal collection
services and must be served by a private collection.
8.3.7. Each multi-dwelling residential property is limited to eight (8) grey bins of
360 litres, or 2880 litres. Any multi-dwelling residential property that
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generates garbage in excess of the amount provided under this section is
not entitled to municipal collection services and must be served by a private
collection, unless they have previously entered into an agreement with the
Town. A table for the recommended number of bins per total units of
occupancy has been provided as a guide in Schedule A of this by-law.
8.3.8. Each condominium can elect the number of 360L grey bins required to
service their collective property only if the respective condo management
association provides adequate management of these shared grey bins as
per the provisions of this by-law. Each condominium is limited to eight (8)
grey bins of 360 litres, or 2880 litres. Any condominium property that
generates garbage in excess of the amount provided under this section is
not entitled to municipal collection services and must be served by a private
collection. A table for the recommended number of bins per total units of
occupancy has been provided as a guide in Schedule A of this by-law.
9. BULKY MATERIALS
9.1. OBLIGATIONS FOR COLLECTION
9.1.1. Bulky materials will only be collected during the special collections as
defined in Section 12 if they are stored and placed in accordance with the
present by-law.
(amended by By-law N°8-2023)
9.1.2. If a container is used, it should not contain more than 150 litres or weigh
more than 25 kg and must not be filled higher than its sides. The usage of a
blue bin is prohibited. No plastic bag will be collected.
9.1.3. Bulky materials must be placed away from garbage and recycling, and
stacked in an orderly and safe manner. Pool, spa and other filters must be
emptied of their sand content.
(amended by By-law N°8-2023)
9.1.4. For curbside collection, the amount of bulky materials is limited to what
can be loaded manually by two (2) collectors in less than five (5) minutes.
(amended by By-law N°8-2023)
9.1.5. No person shall deposit for collection a crate, box or other container with a
door or lid unless the door or lid has been removed beforehand.
9.1.6. Debris from demolition and from work carried out by contractors, sharp or
dangerous objects for collectors, tires, stone, sand, soil, asphalt, slab and
concrete residues and all materials stacked in bulk will not be collected.
9.1.7. Nails must be removed or folded so as to present no risk for collectors.
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10. STORAGE OF WASTE MATERIALS
10.1. MULTI-DWELLING BUILDING, CONDOMINIUM & COMMERCIAL
ESTABLISHMENT
10.1.1. Waste materials shall be kept inside or outside the building in an
appropriate container stored in an area reserved for this purpose or in a room
dedicated to waste materials which complies with the following conditions:
- It is built of non-combustible materials with a fire resistance of at least two
(2) hours, including the doors which themselves are in accordance with
the requirements of the Canadian National Building Code;
- It is used exclusively for the storage of waste materials between two
collections;
- The surface of the floor, walls and ceiling is non-porous and washable;
- It is connected to a water retention reservoir which complies with the
Ontario Provincial Building Code;
- It is ventilated to eliminate odours except if it is refrigerated;
- Its area is sufficient to store waste materials between two collections;
- It is equipped with an automatic fire extinguishing system which complies
with the requirements of the Town's fire prevention by-laws and the
Canadian National Building Code.
10.1.2. This area or, as the case may be, this room, shall be cleaned regularly,
particularly to prevent the accumulation of waste material, or the presence of
insects, rodents, vermin or noxious odour.
10.2. STORAGE IN A RESIDENTIAL BUILDING
10.2.1.
For a residential building, any waste material must be kept indoors,
or outdoors provided that it is kept at all times in a tightly covered container.
10.3. PESTS AND VERMIN
10.3.1.
Any owner or occupant must ensure that waste material is stored
on their premises and contained in a manner that protects it from any rodent,
vermin, pest and any other disturbance.
10.4. DISPERSAL OF WASTE MATERIALS IN THE ENVIRONMENT
10.4.1.
The owner or occupant of any unit of occupancy is responsible for
keeping waste materials in their respective container so as to prevent their
dispersal into the environment. The owner or occupant is responsible for
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collecting any waste material that has fallen out of the containers on public
or private property.
10.5. PRIVATE COLLECTION
10.5.1.
A commercial, institutional, or industrial establishment or a multi-
dwelling residential property or condominium may elect to enter into a
separate agreement with a service provider for the removal of recyclable
materials and garbage. Such an agreement must state that the service
provider must execute its collection on designated days during specified
collection hours and that any waste material will be transported to an
appropriate treatment centre located outside of the Town.
11. WASTE MATERIAL COLLECTION
11.1. COLLECTION HOURS
11.1.1.
Collections will normally be carried out starting no earlier than 6:00
a.m. daily.
11.2. COLLECTION DAYS
11.2.1.
The frequency and days of collection of waste materials shall be
determined by Council.
11.3. COLLECTION ON STATUTORY HOLIDAYS
11.3.1.
No collection shall be made on the following holidays which fall on
a normal collection day:
· New Year's Day · Good Friday
· Easter Monday
· Victoria Day
· Canada Day
· Civic Holiday
· Labour Day
· Thanksgiving
· Christmas Day
· Family Day
· Boxing Day
(amended by By-law N°8-2023)
When a normal collection day falls on a holiday referred to above, the collection
for that day shall be made one (1) day late, but in no case shall the change in
schedule result in a collection not being made for a period greater than eight (8)
days;
11.4.1.
DISPOSAL OF WASTE MATERIALS
11.4.2. Every owner or occupant of a unit of occupancy is responsible for placing
any container or bulky material destined for collection outside, in front of the
unit of occupancy, as close as possible to the edge of the sidewalk or
roadway, so as to make it accessible to the collectors. The container shall not
be placed on the sidewalk, in the street or any other public space. The
container must be accessible to the collectors at all times during collection
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periods and during all seasons. The owner or occupant is responsible for
maintaining an appropriate area, cleared of obstacles and snow, for the
container(s) to be safely set out for collection. The container must be placed
no less than 1m from the curb, street and sidewalk to ensure it does not
impede street and sidewalk maintenance operations.
(amended by By-law N°8-2023)
11.4.3. Any container placed for collection must be placed in an upright position
with the lid closed, the front of the container facing the street, with the wheels
facing the unit of occupancy.
11.4.4. It is forbidden to place any container destined for collection curbside
before 5:00 p.m. on the day preceding the next scheduled collection. All
containers shall be removed by the owner or occupant of the property in front
of which they are placed no later than 11:00 p.m. on the collection day. It is
forbidden to place any container destined for collection curbside on a day
other than the scheduled collection day, unless after 5:00 p.m. on the day
preceding the next scheduled collection day.
(amended by By-law N°8-2023)
11.4.5. The services authorized by this by-law shall not be made available, except
by agreement, to any land or building owned or leased by the Government of
Canada, to educational establishments, industrial or institutional buildings.
Any such properties currently receiving services authorized by this by-law will
be provided with an opportunity to enter into an agreement with the Town in
order to continue such services in accordance with the provisions of this by-
law;
11.4.6. The services authorized by this by-law shall not include the collection of
back-load containers, except by agreement and at the full discretion of the
Director.
12. SPECIAL COLLECTION
12.1. The special collection is a limited collection service for certain approved materials
which are not normally collected by ordinary collections. Consult the Town's
published list of accepted bulky waste items with their respective restrictions.
Where provided, an appropriate drop-off location is the preferred method of
disposal for any given item. A reference document listing the preferred drop-off and
collection options for the respective waste types is published by the Town.
12.2. Each household is permitted to place two (2) large items as per the provisions of
Section 9 on each designated special collection day predetermined and published
by the Town. Pick up will be done within the week following that day.
(amended by By-law N°8-2023)
12.3. The materials in question must be placed at curbside as per the provisions of this
by-law. The weight of each item must not exceed 90 kg (200 lbs) and the
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dimensions must not exceed 2 metres (80 inches) in length, height, or width. The
Town reserves the right to refuse to collect such material if it is mixed with
materials not authorized for collection.
12.4. If refused, the material shall:
- Be removed immediately by the person in charge or the contractor.
- Be placed, as the work progresses, in an adequate container located on
the site.
- Not, in any case, be permitted to accumulate on a site.
13. DISPOSAL OF VARIOUS OBJECTS
13.1. Anyone who wishes to dispose of explosives or explosive weapons such as
dynamite, grey powder, rockets, firecrackers, ammunition, or grenades, should
contact the Ontario Provincial Police (OPP).
13.2. Anyone who wishes to dispose of a dead animal should contact the Public Works
department of the Town of Hawkesbury. Owners or occupants are responsible for
the removal and disposal of dead animals on their property.
13.3. The owner or occupant of any building is responsible for removing or arranging
for the removal and transport of waste materials that Town collectors are not
obliged to collect, to an appropriate treatment facility, at their expense.
14. INFRINGEMENT
14.1. In addition to the prohibitions provided in the sections above, it is prohibited:
i.
To rummage through waste materials which have been placed for collection;
ii.
To dispose of waste materials on public property or a vacant lot;
iii.
To dispose of waste materials in a waste basket on the street, in a park or other
public property, other than small refuse or recyclable materials of a passer-by;
iv.
To dispose of waste materials in a bin, a container or recipient belonging to
another person without their approval;
v.
To dispose of household hazardous waste with curbside waste material
collections;
vi.
To throw waste materials, including household hazardous waste in the sewers;
vii.
To place garbage, or allow garbage to be placed in bins designated for
recyclable materials;
viii.
To place garbage or recyclable materials, or allow these to be placed in
designated containers for green residue;
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ix.
To place recyclable materials, or allow recyclable materials to be placed in bins
designated for garbage;
x.
To place waste materials in corridors, staircases and non-designated areas by
the owner;
xi.
To modify or alter a grey bin, a blue bin or the serial number or Town logo on a
bin;
xii.
To dispose of, or allow the disposal of, items other than garbage for the
garbage collection;
xiii.
To dispose of, or allow the disposal of, items other than recyclable materials for
the recyclable materials collection;
xiv.
To dispose of, or allow the disposal of, items other than bulky materials and
CRD for the special collections;
xv.
To pick over, interfere with, remove or scatter any waste material placed at the
curb for removal except and until the same is removed as herein provided.
15. OFFENCES AND PENALTIES
15.1. Any person who commits an act prohibited under this by-law or contravenes any
other provision of this by-law is guilty of an offence and upon conviction is subject
to the suspension of any or all collection services provided by the Town in this by-
law until the person demonstrates to the Town that he or she is in compliance with
this by-law. In the event the Town suspends any or all collection service in
accordance with this by-law, the affected owner shall obtain a private collection
service during the period for which the Town collection service is suspended, at
the same or greater frequency at which the service was provided prior to its
suspension.
15.2. Any person who contravenes any provision of this by-law shall be liable to pay
the Town an Administrative Monetary Penalty, upon issuance of a penalty notice in
accordance with the Town of Hawkesbury's Administrative Monetary Penalties
System (AMPS) By-law, as may be amended from time to time.
(amended by By-law N°16-2024)
15.3. When a person has been convicted of an offence under this by-law:
a) In the Ontario Court (Provincial Division), or;
b) In any court of competent jurisdiction thereafter
may, in addition to any penalty impose on the person convicted, issue an Order
prohibiting the continuation or repetition of the offence or doing of any act or thing
by the person convicted directed toward the continuation or repetition of the
offence.
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15.4. The receipt of payment, signed by the person to whom is assigned to the duty of
receiving payments out of Court, shall be sufficient evidence of payment of the
penalty for the violation.
15.5. Any person who commits an act prohibited under this by-law or contravenes any
other provision of this by-law is guilty of an offence and may be subject to a fine.
15.6. No person shall hinder, obstruct, or attempt to hinder or obstruct the Municipal
By-law Enforcement Officers or the Police Officers while exercising a power or
performing a duty under this by-law. Every person who contravenes any provision
of this by-law is guilty of an offence and upon conviction is liable to a fine as
provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as
amended.
(amended by By-law N°8-2023)
15.7. Every person who acts in contravention of this by-law so as to cause the Town to
incur costs due to his actions shall, in addition to any penalty provided for herein,
be liable to the Town for all expenses incurred for the purpose of repairing or
replacing damaged property or removing unauthorized materials, and such
expenses may be recovered by court action or in a like manner as municipal taxes.
(amended by By-law N°8-2023)
16. SCOPE AND SEVERABILITY
16.1. In the event of a conflict between this by-law and amendments thereto and any
other by-law, the most restrictive shall prevail.
16.2. The provisions of this by-law shall not relieve any person from compliance with
any provisions of the Public Health Act or regulations prescribed by the Medical
Officer of Health.
16.3. 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.
17. REPEAL
17.1. That by-law N° 86-96, being a by-law to establish a system for the collection,
removal and disposal of non-hazardous solid waste and recyclable material in the
Town of Hawkesbury and its amending by-law N° 91-2009, are hereby repealed in
their entirety.
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18. EFFECTIVE DATE
18.1. This by-law shall come into force and take effect on the date of its passing.
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 11th DAY OF
OCTOBER 2022.
___________________________
__________________________
Paula Assaly, Maire
Myriam Longtin, Greffière
consolidated
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SCHEDULE "A"
Guide to determine number of bins needed per total units of occupancy
Total # units of occupancy
# of 360L garbage bins
9 - 11
2
12 - 17
3
18 - 23
4
24 - 29
5
30 - 35
6
36 - 41
7
42 - 47
8