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Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 1 of 71
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2022-32
A BY-LAW TO REGULATE THE USE OF THE WASTE
MANAGEMENT SYSTEM FOR THE REGIONAL MUNICIPALITY
OF NIAGARA
WHEREAS on April 11, 1996, Regional Council adopted By-laws 8280-96, 8281-96 and
8282-96 to assume from the twelve area municipalities all waste management powers
conferred by any Act upon the area municipalities;
WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that an
upper tier municipality may pass By-laws respecting waste management subject to the
requirements set out in the Act;
WHEREAS Section 227 of the Municipal Act, 2001, provides that it is the role of the
officers and employees of the municipality to carry out duties required under this or any
other Act and other duties as assigned by the municipality;
WHEREAS Section 425 of the Municipal Act, 2001 provides that a municipality may pass
by-laws providing that a person who contravenes a by-law of the municipality passed
under this Act is guilty of an offence;
WHEREAS Section 446(1) of the Municipal Act, 2001 provides that if a municipality has
the authority under this, or any other Act, or under a by-law under this Act, or any other
Act, to direct or require a person to do a matter of thing, the municipality may also provide
that, in default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's expense;
WHEREAS Section 446(3) of the Municipal Act, 2001 provides that the municipality may
recover the costs of doing a matter or thing under subsection 446(1) from the person
directed or required to do it, by action or by adding the costs to the tax roll and collecting
them in the same manner as property taxes;
WHEREAS By-law No. 2017-56 was passed by Regional Council on May 15, 2017, and
this by-law has been in place to regulate the use of the waste management system for
The Regional Municipality of Niagara;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 2 of 71
WHEREAS By-law No. 2017-113 was passed by Regional Council on December 7, 2017,
being a by-law to amend By-law No. 2017-56,and By-law No. 2020-62, was passed by
Regional Council on September 17, 2020, being a by-law to amend By-law No. 2017-56;
and By-law No. 2021-06, was passed by Regional Council on January 21, 2021, being a
by-law to amend By-law No. 2017-56;
WHEREAS legislative updates have occurred, along with a desire to repeal and replace
By-law No. 2017-56 with this By-law;
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
PART I - DEFINITIONS
1.
The following terms are defined for purposes of this By-law:
1.1
"Agencies, Boards and Commissions" means a self-governing organization
that delivers services for the Region, including Niagara Regional Housing,
Niagara Regional Police Service and Niagara Peninsula Conservation
Authority.
1.2
"Amnesty Week" means the two (2) weeks that follow Christmas Day where,
in addition to the regular Garbage limit, selected Premises can place
additional Garbage to the curb for collection without a Garbage Tag on the
regular Garbage collection day(s).
1.3
"Area Municipality" means any one of the municipalities or corporations of
the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara
Falls, Town of Niagara-on-the-Lake, Town of Pelham, City of Port Colborne,
City of St. Catharines, City of Thorold, Township of Wainfleet, City of
Welland, or Township of West Lincoln.
1.4
"As Designated" means as designated by the Region from time to time by
the Commissioner of Public Works or their designate. It is anticipated that
the Region's diversion programs, and related requirements will continue to
evolve as new methods and Materials emerge. These changes will be
implemented on an "As Designated" basis.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 3 of 71
1.5
"Blue Box" means a collection container available from the Region or
approved alternative as set out in Section 8 of this By-law or As Designated,
used to set out Blue Box Material for collection under the Region's diversion
program.
1.6
"Blue Box Material" means packaging or packaging-like products as defined
under Ontario Regulation 391/21, as amended from time to time, accepted
for curbside collection or accepted as part of the Region's diversion program
under its drop off depot service. The Blue Box Material(s) are Plastic
Packaging, Metal Packaging, Glass Packaging including gable top
containers and aseptic containers.
1.7
"Brush" means woody Material including twigs, tree limbs or branches.
1.8
"Bulky Goods" means large household items which are Collectable Material
that cannot fit into a normal Garbage Container and may be overweight
(excluding construction/demolition Material). Some examples include, but
are not limited to, the following:
(a)
artificial Christmas trees;
(b)
box spring, mattress, and bed frame;
(c)
carpet or rugs in compact rolls/bundles not exceeding 1.5 metres (4.5
ft) in length and 0.76 metres (2.5 ft) in diameter and tied;
(d)
couches, sofa, chair;
(e)
floor lamps;
(f)
furniture (for example, tables, cabinets, dressers);
(g)
glass packaged in cardboard and labelled "glass";
(h)
large toys;
(i)
pool cover and solar blankets in compact rolls/bundles not exceeding
1.5 metres (4.5 ft) in length and 0.76 metres (2.5 ft) in diameter and
tied;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 4 of 71
(j)
toilets or sinks that are individual and not part of construction and
demolition;
(k)
other collectable Material that cannot fit in a garbage container;
(l)
water softening units; and
(m)
other household items, as designated by the Region.
1.9
"By-law" means this by-law and any schedule(s) and/or appendices to this
By-law as they may be amended from time to time.
1.10 "Cart" means an approved container as set out in section 8, 10 and 11 of
this By-law or As Designated, used to set out Blue Box and Grey Box
Material for Types C-F Premises, or Green Bin Material for Types B-F
Premises as set out in Schedule "A" to this By- Law.
1.11 "Care and Control" means Material shall be deemed to have been within
the care and control of a Person at a point in time if the Material included
any Material typically associated with or used by that Person and shall
include but is not restricted to the following Materials:
(a)
mail and other paper products bearing the name, address or other
identifying characteristics typically associated with that Person;
(b)
Material that can on a balance of probabilities be shown to have been
purchased by that Person;
(c)
Material that can on a balance of probabilities be shown to have
originated from Premises with respect of which a Person is
considered an Owner and during the time the Person was considered
an Owner; or
(d)
Materials that can on a balance of probabilities be shown to have
been transported in a motor vehicle owned or under the Care and
Control of the Person.
1.12 "Christmas Trees" means naturally grown evergreen trees without tinsel,
decorations, ornaments or tree lights.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 5 of 71
1.13 "Christmas Trees, Artificial" means trees manufactured from manmade
Material.
1.14 "Collectable" means Material which may be collected at Curbside or a
collection point approved by the Region pursuant to this By-law.
1.15 "Communal Collection Point" means a collection point approved or as
determined by the Region that is authorized for the use of more than one
Premises.
(a)
Common Collection System" means the province-wide collection
system for collecting Blue Box and Grey Box materials that is
operated by Producer Responsibility Organizations (or PROs) on
behalf of producers.
1.16 "Composter" means a container available from the Region or any enclosure
with a lid for the purpose of decomposing Leaf and Yard Material and/or
Green Bin Material by aerobic decay or bacterial action.
1.17 "Construction, Renovation and Demolition" Material includes but is not
limited to windows, tile, drywall, lumber, doors, metal, PVC pipe and other
building Materials As Designated by the Region.
1.18 "Council" means the elected Council of The Regional Municipality of
Niagara.
1.19 "Curbside" means the area directly in front of an Owner's Premises as close
as possible to the travelled portion of the road without obstructing or
interfering with the travelled portion of the road or any sidewalk. It normally
extends 1.2 m (four (4) feet) rearward from the travelled portion of the road.
1.20 "Designated Business Area" means an area designated by the Area
Municipality to receive alternate collection services compared to residential
or other industrial, commercial and institutional services.
1.21 "Dwelling Unit" means a place of residence designed or intended for
habitation by one (1) or more persons with its own culinary and sanitary
facilities which are provided for the exclusive use of the person or persons
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 6 of 71
who reside therein. If an Owner disagrees with the number of units
contained within the Premises as assessed, it is up to the Owner to provide
proof of the actual number of legally existing individual units within the
Premises. In the absence of provision of proof to the satisfaction of the
Region, the limit for the Premises in question shall be as determined by the
Region.
1.22 "Electrical and Electronic Equipment (EEE)" means electrical and electronic
equipment that, (a) is designed for use with an electrical current and a
voltage rating not exceeding 1,000 volts for alternating current and 1,500
volts for direct current, (b) weighs no more than 250 kilograms, and (c) is
not intended to be used permanently as part of a building or a structure at
a pre-defined and dedicated location, as defined in Ontario Regulation
522/20: Electrical and Electronic Equipment under the Resource Recovery
and Circulate Economy Act, 2016, S.O. 2016, c.12, Sched. 1, or any
successor legislation, including but not limited to the following:
a)
computers;
b)
printers (desktop and floor-standing), including printer cartridges;
c)
video gaming devices;
d)
telephones, including cellular phones;
e)
display devices;
f)
radios and stereos, including after-market vehicle stereos;
g)
headphones;
h)
speakers;
i)
cameras, including security cameras;
j)
video recorders;
k)
drones with audio or visual recording equipment;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 7 of 71
l)
peripherals and cables used to support the function of information
technology, telecommunications and audio visual equipment,
including charging equipment;
m)
parts of information technology, telecommunications and audio
visual equipment sold separately, such as hard drives;
n)
handheld point-of-sale terminals or devices; and
o)
musical instruments and audio recording equipment.
1.23 "Eligible Property" means a Premises of Types A, B, C, D, E or F as set out
in Section 13 and Schedule "A" to this By-law where:
(a)
container limits set out in Schedule "A" can be abided by in the
normal course of waste generation activity;
(b)
the Owner(s) of the Premises are in compliance with this By-law; and
(c)
the only Material set out for collection is Material generated on that
Premises.
1.24 "Environmental Protection Act" means the Environmental Protection Act,
R.S.O. 1990, Ch. E.19, or any successor legislation.
1.25 "Friendly Reminder" and "Final Friendly Reminder" means a written notice
by the Region, in a form similar to that set out in Schedule B to this By-law
or As Designated, which is delivered to an Owner, or left in a visible location,
which can be readily seen at the Premises, or in a mailbox, to address Non-
Compliance.
1.26 "Garbage" means all non-hazardous, solid, residual waste which, for
purposes of collection or drop-off at a Regional Drop-Off Location, does not
fall within a recyclable class of Material as set out in Subsection 3.1(a) or
elsewhere in this By-law and such other Material As Designated. It does
not include Grass Clippings.
(a)
Eligible Source" means any residence or facility in an eligible
community (i.e., residences, multi- residential properties, residential
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 8 of 71
component of mixed-use properties, some schools, some public
spaces and some long-term care and retirement homes)., as defined
in O. Reg. 391/21 as amended from time to time for the purpose of
determining eligibility in the province's full producer responsibility
Common Collection System.
1.27 "Garbage Container" means a waterproof opaque bag, receptacle, can, bin,
or such other container As Designated, for the storing and setting out of
Garbage for collection. It does not include cardboard boxes.
1.28 "Garbage Exemptions" mean exemptions as set out in Section 13 to the
approved Garbage Container limits as shown in Schedule "A".
1.29 "Garbage Tag" means a tag that can be purchased from the Region or
authorized vendor and affixed and untampered (i.e. not torn in half) to the
neck of a waterproof bag or on top of the bag situated on the top in the
Garbage Container to allow additional limit of Garbage to be set out for
collection. Only Type A Premises as defined in Schedule "A" of this By-law
can use a Garbage Tag.
1.30 "Grass Clippings" means vegetation consisting of typically short plants with
long, narrow leaves, growing wild or cultivated on lawns and pastures,
which are the cut portions of grass, that are left behind or captured in a
grass catcher; but does not include weed-type plants, such as "crab grass",
where the whole plant is removed, including its root system.
1.31 "Green Bin Container" means a container such as a Green Bin, Carts or the
smaller Kitchen Catcher available from the Region, or other rigid reusable
closed or open-top container clearly labelled with handles used for storing
and setting out Green Bin/Cart Material.
1.32 "Green Bin Material" means compostable organic Material collected under
the Green Bin program As Designated by the Region, including but not
limited to food waste (such as meat, bones, shells, tea bags), pumpkins,
tissue paper, paper towels and napkins, paper egg cartons, 100%
compostable paper cups and plates, soiled newspaper, cold fireplace
ashes, brown paper bags, saw dust, wood shavings, paper takeout trays,
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 9 of 71
kitty litter and Pet Waste. It does not include Grass Clippings or Liquid
Material.
1.33 "Grey Box" means a collection container available from the Region or
approved alternative as set out in Section 11 of this By-law or As
Designated, used to set out Grey Box Material under the Region's diversion
programs.
1.34 "Grey Box Material" means packaging and packaging like products defined
under Ontario Regulation 391/21, as amended from time to time, accepted
for curbside collection or accepted as part of the Region's diversion
program. The Grey Box Material(s) are Paper Products and Paper
Packaging including paper laminates, kraft paper carry-out bags, kraft
paper - non-laminated, corrugated cardboard, boxboard and other paper
packaging.
1.35 "Household Hazardous Waste Drop-Off Depots" means those locations as
noted on the Region's website, which may be updated from time to time,
but which includes:
(a)
Niagara Road 12 Landfill;
(b)
Humberstone Landfill;
(c)
Thorold Yard Household Hazardous Waste Drop-Off Depot, and
(d)
Bridge Street Drop-Off Depot.
1.36 "Illegal Dumping" means the disposing of Material in Non-Designated
Areas, including both Public Property and Regional Property, but does not
include Litter.
1.37 "Leaf and Yard Material" means leaves, weeds, trimmings, flowers, small
twigs less than 1.5 cm in diameter and other Material As Designated, but
does not include Grass Clippings, Brush, soil, dirt, roots, rocks, logs, stumps
or sod.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 10 of 71
1.38 "Leaf and Yard Container" means reusable, rigid containers, paper bags or
certified plastic compostable plastic bags As Designated by the Region. It
does not include cardboard boxes or non-compostable plastic bags.
1.39 "Litter" means debris, refuse, or Material(s) disposed of in non-designated
areas, discarded outside the regular Collection Point, or lying scattered
about the area.
1.40 "Liquid Material" means Material which is not solid and which exhibits
evidence of free water, or other liquids, whether or not contained.
1.41 "MPAC" means the Municipal Property Assessment Corporation.
1.42 "Material" is the broadest categorization of all that a Person or Owner
wishes to dispose or divert from disposal either through public collection or
at a Regional Drop-Off Location. Subcategories of Material for collection
are Collectable Material, including Recyclables and Non Recyclables, to be
prepared according to the class instructions in this By-law, and excluded
Non-Collectable Material. Any Material may also be Non-Compliant
because of its content or preparation. Subcategories of Material for drop-
off at Regional Drop-Off Locations are Acceptable Material, to be prepared
according to the category instructions in this By-law, and excluded
Unacceptable Material.
1.43 "Multi-Purpose Property" means a single property as defined by MPAC
and/or contained in applicable Site Plan Conditions, housing multiple
Premises types.
1.44 "Niagara region" and "Niagara" means the geographic area within The
Regional Municipality of Niagara.
1.45 "Non-Collectable Material" means Material forbidden, prohibited and not
acceptable for Curbside collection pursuant to this By-law including:
(a)
hazardous waste which is corrosive, flammable, toxic, explosive or
biomedical, or as defined in Ontario Regulation 347: General -
Waste Management, R.R.O. 1990, under the Environmental
Protection Act, R.S.O. 1990, c. E.19, or any successor legislation;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 11 of 71
(b)
prohibited Material, as defined under the Transportation of
Dangerous Goods Act, 1992, S.C. 1992, c.34, or any successor
legislation;
(c)
pathological waste, as defined and regulated in Ontario Regulation
347: General - Waste Management, R.R.O. 1990, under the
Environmental Protection Act, R.S.O. 1990, c. E.19, or any
successor legislation;
(d)
solid and liquid waste Material or substances which contain or could
contain pathogen bacteria or micro-organisms that may be
hazardous or dangerous;
(e)
motor vehicles or automotive parts including tires;
(f)
live animals or fowl or carcasses or part of an animal or other
creature, save for normal and bona fide Green Bin Material, which
has been drained of all liquids;
(g)
septic or holding tank pumpings or raw sewage;
(h)
Material of any kind or nature that may be explosive or combustible
or may cause fire including hot coals, ashes, oil-soaked or gasoline
soaked rags, papers, cloths or similar Material;
(i)
gaseous, semi-liquid or liquid waste including liquid industrial waste
as defined in Ontario Regulation 347: General - Waste
Management, R.R.O. 1990, under the Environmental Protection Act,
R.S.O. 1990, c. E.19, or any successor legislation;
(j)
sealed metal drums or barrels;
(k)
other Material as prohibited in any relevant Environmental
Compliance Approval issued by the Ministry of the Environment,
Conservation and Parks under the relevant legislation;
(l)
sharps;
(m)
construction, renovation or demolition Material, including windows;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 12 of 71
(n)
grass clippings;
(o)
Electrical and Electronic Equipment (EEE), as defined in Ontario
Regulation 522/20: Electrical and Electronic Equipment, under the
Resource Recovery and Circular Economy Act, 2016, S.O. 2016,
c.12, or any successor legislation;
(p)
batteries (all types), as defined in Ontario Regulation 30/20:
Batteries, under the Resource Recovery and Circular Economy Act,
2016, S.O. 2016, c.12, Sched. 1, or any successor legislation;
(q)
White Goods; and
(r)
other Material As Designated.
1.46 "Non-Compliant" and "Non-Compliance" means Material not prepared for
collection or Regional Drop-Off Location deposit in accordance with the
requirements set out in this By-law.
1.47 "Non-Designated Area" means an area which has not been designated for
a particular purpose.
1.48
"Nuisance" includes, but is not limited to, the following:
(a)
disorderly conduct;
(b)
public drunkenness or public intoxication;
(c)
the unlawful sale, furnishing, or distribution of alcoholic beverages or
controlled substances;
(d)
the deposit of refuse on the site;
(e)
damage to, or destruction of, public or private property on the site;
(f)
traffic that obstructs the free flow of persons and motor vehicles, or
could interfere with the ability to provide emergency services;
(g)
unreasonable noise, including loud music or shouting;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 13 of 71
(h)
unlawful open burning or fireworks;
(i)
public disturbances, including public brawls or fights;
(j)
outdoor public urination or defecation; and/or
(k)
use of or entry upon a roof not intended for such occupancy.
1.49 "Owner" includes but is not limited to:
(a)
a Person who is the registered owner and or the beneficial owner of
Premises which is subject to this By-law;
(b)
the Person for the time being managing or receiving the rent from
Premises, which is subject to this By-law, whether on the Person's
own account or as agent or trustee of any other Person or who would
receive the rent if the Eligible Property was let; and
(c)
a Person who is a lessee or occupant or tenant of the Premises who
in their capacity as lessee or occupant manages or is in charge or
control Premises, which is subject to this By-law.
There may be more than one Owner within the forgoing definition with
respect to a particular Premises.
1.50 "Person" includes a partnership, an unincorporated association, a
corporation, a cooperative society or a cooperative organization, the
successors of a partnership, of an association, of a corporation, of a society
or of an organization and the heirs, executors, liquidators of the succession,
administrators or other legal representatives of a Person.
1.51 "Pet Waste" means animal excrement/droppings generated by small
household pets including cats, dogs, small rodents or other similar indoor
pets kept for companionship and enjoyment, kept in kennels and/or
breeders, and including kitty litter, wood shavings and other natural pet
bedding, newspaper cage liners, feathers, and fur, whether separate or
intermingled with such excrement/droppings, but does not include animal
excrement generated by horses, cows, chickens or other similar farm, wild,
working, undomesticated or commercial livestock animals.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 14 of 71
1.52 "Premises" means land and buildings combined in the geographic area of
Niagara region or a part of such land and buildings combined in the case of
land and buildings which contain multiple self-contained units with respect
to which a Person is considered an Owner. Premises shall be categorized
by type in accordance with the definitions contained in Schedule "A".
1.53 "Private Property" means any land or building that is registered to a Person
on title in the Land Registry Office or Land Titles Division, as the case may
be, that is not owned by an Area Municipality in the Region, a Conservation
Authority, a Local Board, the Region, or the Crown in Right of Ontario, the
Crown in Right of Canada or any emanations thereof, unless it is leased to
a person or corporation not listed above.
(a)
Producer Responsibility Organization (PRO)" means private
enterprises established to contract with producers to meet their
obligations under the Blue Box regulation which includes establishing
or operating a collection and management system, promotion and
education system, preparing and submitting reports, customer service
and representing producers for any purposes under the extended
producer responsibility under the new Blue Box Regulation (O.Reg
391/21 as amended from time to time). Circular Materials Ontario
(CMO) has been selected as the lead PRO in the province to oversee
the new Blue Box program on behalf of the producers.
1.54 "Public Property" means any land or building that is owned by an Area
Municipality, an Agency, Board and Commission, the Region, or the Crown
in Right of Ontario, the Crown in Right of Canada or any emanations
thereof.
1.55 "Public Space Litter/Recycling Bin" means a container that is placed in a
public area for use by general public for the purpose of holding litter that
has been thrown away by public space users. The bins are not intended
for Materials that have been privately generated by a business or residence
or Non-Collectable Material.
1.56 "Region" or "the Region" means The Regional Municipality of Niagara or an
authorized representative of The Regional Municipality of Niagara, including
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 15 of 71
a Regional Drop-Off Location site attendant, a contractor or its employee,
or a by-law enforcement officer, as appropriate in the context.
1.57 "Regional Drop-Off Location" means a temporary or permanent location set
up by the Region for drop-off of Material including but not limited to waste,
recyclables, compost, or household hazardous waste.
1.58 "Regional Property" means all property, including lands and buildings,
owned, leased, rented, controlled and/or managed by the Region, within the
geographic area that is Niagara.
1.59 "Registered Charities" are charitable organizations, public foundations, or
private foundations that are created and reside in Canada and have been
issued a charitable registration number by the Canada Revenue Agency
(CRA). They must use their resources for charitable activities and have
charitable purposes in one or more of the following: the relief of poverty, the
advancement of education, the advancement of religion, or other purposes
that benefit the community. To receive exemption under Section 13.8 of
this By-law, the Registered Charities must be the direct generators of Blue
Box Material, Grey Box Material, Green Bin Material or Garbage.
1.60 "Scavenge" means the unauthorized removal of Materials that have either
been placed out for collection, or in the location where the container
(containerized waste/carts) is stored and filled before being moved to the
collection location.
(a)
"Rigid Plastic" means hard plastic items that are not accepted for
Curbside Collection but are accepted as part of the Region's
diversion programs for drop off depot service only such as but not
limited to discarded and broken recycling containers, buckets, pails,
pots, crates, trays, baskets, totes, toys, pools, furniture, chairs and
car seats with no other parts, metal or Material attached. Rigid
plastic items do not include plastic coolers, piping, siding or any
plastic that also contain or have attached any wood, metal,
insulation, rubber and non-plastic components. Batteries must be
removed.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 16 of 71
1.61 "Set Out Service" means the provision of onsite service, as approved by the
Region, for Owners living in Type A Premises as listed in Schedule "A" to
this By-law and who are unable to physically carry their Garbage, Blue/Grey
Box Materials and Green Bin Material to the curb for Curbside collection.
Set Out Service only includes Garbage, Blue/Grey Box and Green Bin
Material. Set Out Service does not include Leaf and Yard Material, Bulky
Goods, Brush, or any other excluded items, As Designated by the Region.
1.62 "Sharps" means blades, needles, syringes, including safety engineered
needles, laboratory glass, or other Materials capable of causing punctures
or cuts.
1.63 "Site Plan Conditions" means comments and conditions provided by the
Region during the site plan, subdivision plan or condominium application
process pursuant to the Region's Policy C-A-002 "Requirements for Waste
Collection".
1.64
"Unacceptable Material" means Material which is not accepted at a
Regional Drop-Off Location. Unacceptable Material includes:
(a)
any dangerous and hazardous Material such as poisons, hot live
ashes, caustics, acids, pesticides, herbicides, radioactive Material,
industrial process sludge, biomedical waste, or substances which
may cause personal or environmental problems with the exception
of the Household Hazardous Waste categories as set out in Section
26;
(b)
ammunition;
(c)
reactive chemical waste;
(d)
liquid waste with the exception of certain Household Hazardous
Waste categories as set out in Section 26;
(e)
pathological waste with the exception of sharps, which are
collectable at Household Hazardous Waste Drop-Off Depots only;
(f)
sludge from septic tanks or seepage;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 17 of 71
(g)
highly flammable, volatile, explosive, reactive or radioactive
Materials with the exception of certain Household Hazardous Waste
categories as set out in Section 26;
(h)
leachate toxic waste;
(i)
PCB waste;
(j)
carcasses of dogs, cats, fowl and other such creatures, or parts
thereof;
(k)
live animals or birds;
(l)
human excrement;
(m)
steel and plastic barrels, unless the lid is removed and the barrel is
empty and dry;
(n)
automotive parts, not including automobile tires or small automotive
parts;
(o)
waste with excess liquid accumulated in the load or Material that fails
a slump test;
(p)
asbestos not prepared as set out in Section 28;
(q)
organic Material which has decomposed under anaerobic conditions;
and
(r)
other Material As Designated.
1.65 "Waste Disposal Site" means (a) any land upon, into, in or through which,
or building or structure in which, waste is deposited, disposed of, handled,
stored, transferred, treated or processed, and (b) any operation carried out
or machinery or equipment used in connection with the depositing, disposal,
handling, storage, transfer, treatment or processing referred to in clause (a),
as defined in the Environmental Protection Act, R.S.O. 1990, Ch. E.19, or
any successor legislation.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 18 of 71
1.66 "White Goods" means major household appliances or items such as stoves,
washers, dryers, dishwashers, dehumidifiers, water tanks, barbeques,
swing sets, bicycles, air-conditioning units, heat-pumps, microwaves,
refrigeration units or freezer units and other Material As Designated.
PART II - COLLECTION SERVICES
2.
General Collection Provision
2.1
The Region provides collection of all Collectable Material from Eligible
Properties in the Region according to the terms of this By-law and subject
to other terms As Designated.
2.2
As of January 1, 2024, the Region will transition to extended producer
responsibility and will no longer provide Blue Box and Grey Box collection
services for Eligible sources under the provincial Common Collection
System.
2.3
The Region also provides enhanced services as requested, approved and
funded by local municipalities.
2.4
No Owner shall be eligible for collection unless the Owner complies with
this By-law and other terms As Designated.
2.5
The Region may retain a contractor or contractors to fulfill the Region's
responsibilities under this By-law.
2.6
If, due to breakdown of equipment, strike, inclement weather, or any other
cause, waste collection is not provided to an Eligible Property, the Region
shall not be liable to any Person for any damages, costs, loss or expenses
of any kind due to the failure of such waste collection to take place.
3.
Classes of Collectable Material
3.1
The Classes of Collectable Material are:
(a)
Recyclable Material:
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 19 of 71
i.
Blue Box Material;
ii.
Brush;
iii.
Christmas Trees;
iv.
Green Bin Material;
v.
Grey Box Material;
vi.
Leaf and Yard Material; and
vii.
Other recyclable Material As Designated.
(b)
Non-Recyclable Material:
i.
Bulky Goods;
ii.
Garbage; and
iii.
Other non-recyclable Material As Designated.
3.2
All other Material is Non-Collectable Material and is not to be placed out for
collection.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 20 of 71
4.
Separate According to Class and Class Provisions
4.1
If collection service is available to an Eligible Property for any of the above
Classes, then the Material which an Owner sets out for collection must be
separated according to Class.
4.2
Every Owner shall prepare Collectable Material according to the provisions
in Sections 5 through 13 of this By-law relevant to each Class of Material.
5.
Brush
5.1
Brush shall be set out for collection in accordance with the schedule of
collection days As Designated and:
(a)
shall be packaged in bundles where each individual piece of Material
shall not exceed 7 cm (2.8 inches) in diameter and where each
bundle shall not exceed:
i.
a size of 1.5 m (5 feet) in length by 0.5 m (1.6 feet) in diameter;
and
ii.
a weight of 22.7 kg (50 pounds); and
(b)
if collected on the same day as other Material, shall be clearly
separated from any other class of Material set out for collection.
5.2
Brush are only collectable from a Type A Premises as defined in Schedule
"A" to this By-law. Further information on the collection of Bulky Goods is
available from the sources noted in Section 54 of this By-law.
6.
Bulky Goods
6.1
Bulky Goods are only collectable from a Type A Premises as defined in
Schedule "A" to this By-law. Further information on the collection of Bulky
Goods is available from the sources noted in Section 54 of this By-law.
6.2
Bulky Goods set out for Curbside collection:
(a)
shall be in a contained state neatly placed at the Curbside;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 21 of 71
(b)
shall not be stacked;
(c)
shall not have Material stacked or loose set on top of Bulky Goods;
(d)
shall be dismantled if possible;
(e)
shall not include Construction, Renovation and Demolition Material;
(f)
must be of a weight and dimension to be able to fit into the collection
vehicle in a safe and efficient manner, As Designated by the Region;
and
(g)
limit of four (4) items per collection per Eligible Property.
6.3
The Owner must arrange in advance with the Region's collection contractor
for the scheduled collection of Bulky Goods As Designated. Information on
how to schedule collection is available from the sources noted in Section 54
of this By-law.
6.4
Contaminated items (e.g. mattresses with bed bugs), as determined by the
Region, must be wrapped in plastic to be eligible for pick up.
6.5
Artificial Christmas Trees shall be set out for scheduled collection as Bulky
Goods.
6.6
Collectable Material which can fit within a regular Garbage Container should
not be disposed of as Bulky Goods, but as Garbage.
6.7
Glass, not including windows, are collectable as Bulky Goods if:
(a)
placed in a separate, sturdy, walled container to be collected with its
glass shard contents, and secured so as to remain closed and to
protect the safety of collection personnel;
(b)
labelled appropriately (i.e. "Glass"); and
(c)
large glass pieces (greater than 1.5ft by 1.5ft) must be removed from
any bulky item, packaged or wrapped separately in a cardboard,
bubble wrap or another approved packaging Material, and
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 22 of 71
appropriately labelled (i.e. " Glass") to protect the safety of collection
personnel."
7.
Christmas Trees
7.1
Christmas Trees shall be set out for Curbside collection without wrapping,
bagging, tinsel, lights or any other decorations, in accordance with the
schedule of collection days and times As Designated. Further information
on the collection of Christmas Trees is available from the sources noted in
Section 54 of this By-law.
7.2
Christmas Trees are only collectable from Type A Premises, as defined in
Schedule "A" to this By-law.
7.3
No Owner shall set out a Christmas Tree unless it, or segments cut from it,
are less than 3 metres (10 feet) in length and free of all accessories,
decorations and plastic wrap. No Artificial Christmas Trees, wrapped or
bagged trees, will be collected for this purpose. Refer to Section 6, Bulky
Goods, for the collection of Artificial Christmas Trees.
8.
Blue Box Material
8.1
Blue Box Material shall be set out for collection according to the following
requirements:
(a)
Blue Box Material must be packaged as follows:
i.
in designated recycling containers (Blue Box/Cart) only for
Type C-F Premises as set out in Schedule "A" to this By-law
available from the Region; or
ii.
in a Cart only for Type C-F Premises as set out in Schedule
"A" to this By-law for"; or
iii.
in clearly marked, reusable, solid-walled, rigid containers with
handles or indentations on two (2) sides to facilitate the lifting
and emptying of the said receptacle; or
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 23 of 71
iv.
in a sturdy non-waxed cardboard box (box will be recycled);
and
(b)
Blue Box containers shall meet the following requirements:
i.
height not exceeding a size of up to 91 cm (3 feet) measured
internally from the bottom of the receptacle to the top lip of the
opening; and no width exceeding a size of up to 61cm (2 feet)
measured internally from side to side, not corner to corner, or
as determined by the Region; and
ii.
not exceeding a weight (of container and Material together) of
22.7 kg (50 pounds); and
iii.
Carts for Type C-F Premises are exempt from 8.1 (b) (i) and
(b) (ii)"; and
iv.
be of sufficient quality to withstand normal collection activities
and use; and
v.
for Blue Box containers with lids, the lid must be readily
separable from the container. Any devices used to tie down
or secure any lids must be removed by the Owner prior to
collection; and
(c)
contents shall not exceed the limits of the top of the Blue Box
container; and
(d)
must be clearly separated from any other class of Material set out for
collection on the same Premises.
8.2
Blue Box Material that is loose or not packaged as outlined above may not
be collected.
8.3
Further information on the collection of Blue Box Materials is available from
the sources noted in Section 54 of this By-law.
9.
Leaf and Yard Material
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 24 of 71
9.1
Leaf and Yard Material shall be set out for Curbside collection:
(a)
packaged in rigid, reusable containers or compostable paper bags or
certified compostable plastic bags As Designated:
i.
height not exceeding a size of up to 91 cm (3 feet) measured
internally from the bottom of the receptacle to the top lip of the
opening; and no width exceeding a size of up to 61cm (2 feet)
measured internally from side to side, not corner to corner, or
as determined by the Region; and not exceeding a total weight
(of container and Leaf and Yard Material together) of 22.7 kg
(50 pounds.); and
ii.
for Leaf and Yard Containers with lids, the lid must be readily
separable from the container. Any devices used to tie down
or secure any lids must be removed by the Owner prior to
collection; and
iii.
be of sufficient quality to withstand normal collection activities
and use; and
iv.
be clearly identifiable as Leaf and Yard Material from the
collection vehicle with the use of labels, or an open-top
container; and
(b)
in such a way as to clearly separate it from any other class of
Collectable Material set out for collection on the same Premises.
9.2
Non-compostable plastic bags (without a 'Biodegradable Products Institute'
(BPI) logo or '100% Compostable' logo) or cardboard boxes are not
permitted.
9.3
Leaf and Yard Material is only Collectable from Type A Premises as defined
in Schedule "A" to this By-law.
9.4
Further information on the collection of Leaf and Yard Material is available
from the sources noted in Section 54 of this By-law.
10.
Green Bin Material
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 25 of 71
10.1 Green Bin Material shall be set out for Curbside collection packaged:
(a)
in a Green Bin Container available from the Region or other suitable
containers in accordance with section 10.1 (c) packaged in:
i.
Compostable plastic bags with BPI logo or 100%
Compostable logo;
ii.
Paper bags;
iii.
Wrapped in newspaper; and/or
iv.
Placed directly into the Green Bin container in a loose
fashion.
(b)
in a Cart only for Type B-F Premises as set out in Schedule "A" to
this By-law for; or
(c)
in other containers labelled "Organics":
i.
height not exceeding a size of up to 91 cm (3 feet) measured
internally from the bottom of the receptacle to the top lip of the
opening; and no width exceeding a size of up to 61 cm (2 feet)
measured internally from side to side, not corner to corner, or
as determined by the Region; and
ii.
not exceeding a total weight (of container and Green Bin
Material together) of 22.7 kg (50 pounds); and
iii.
which are equipped with handles; and
iv.
be of sufficient quality to withstand normal collection activities
and use; and
v.
Carts are exempt from section 10.1 (c) i-iii; and
(d)
in such a way as to clearly separate it from any other class of
Collectable Material set out for collection on the same Premises.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 26 of 71
10.2 Small amounts of Leaf and Yard Material including weeds, garden Material,
trimmings, and twigs smaller than 1.5 cm (0.5 inches) in diameter and no
longer than 30.5 cm (12 inches), excluding Grass Clippings, are permitted
as Green Bin Material.
10.3 Pet Waste and kitty litter shall be either bagged using small certified
compostable plastic bags As Designated, paper bags or completely
wrapped in newspaper before being placed in the Green Bin/Cart or other
labelled container as above.
10.4 Green Bin Material that has a tendency to turn into liquid, as determined by
the Region, shall be packaged and not be loose so the liquid does not leak
or spill during collection. Liquid Material or Material that exhibits evidence
of free water, or other liquids, whether or not contained is not permitted in
the Green Bin/Cart. The collection service is designed for solid Material.
10.5 Further information on the collection of Green Bin Material is available from
sources noted in Section 54 of this By-law.
11.
Grey Box Material
11.1 Grey Box Material shall be set out for collection according to the following
requirements:
(a)
Grey Box Material must be packaged as follows:
i.
in designated recycling containers (Grey Box/Cart) only for
Type C-F Premises as set out in Schedule "A" to this By-law
available from the Region; or
ii.
in a Cart only for Type C-F Premises as set out in Schedule
"A" to this By-law"; or
iii.
in a Cart only for Type B-F Premises as set out in Schedule
"A" to this By-law; or
iv.
in a sturdy non-wax cardboard box (box will be recycled); or
vi. in case of cardboard, must bundle together in bundles not
exceeding a size of 91 cm (3 feet) in width by 91 cm (3 feet)
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 27 of 71
in length by 91 cm (3 feet) in depth and not exceeding a weight
of 22.7 kg (50 pounds); or
vii.
in the case of flattened cardboard placed inside another
cardboard box, which cardboard box must not exceed a size
of 91 cm (3 feet) in width by 91 cm (3 feet) in length by 91 cm
(3 feet) in depth and not exceeding a weight of 22.7 kg (50
pounds); Loose cardboard must be flattened and tied using
twine, packing tape or an approved alternative, in bundles no
larger than 91 cm (3 feet) x 91 cm (3 feet) x 91 cm (3 feet),
and not exceeding a weight of 22.7 kg (50 pounds); or
viii.
in the case of plastic bags and stretchy plastic outer-wrap, by
placing all loose plastic bags or plastic film in one securely
tied Plastic Bag (not loose in the Grey Box); and
(b)
Grey Box containers must meet the following requirements:
i.
height not exceeding a size of up to 91 cm (3 feet) measured
internally from the bottom of the receptacle to the top lip of the
opening; and no width exceeding a size of up to 61cm (2 feet)
measured internally from side to side, not corner to corner, or
as determined by the Region; and
ii.
not exceed a weight (of container and Material together)
of 22.7 kg (50 pounds); and
iii.
iii. Carts for Type C-F Premises are exempt from section 11.1
(b) (i) and (b) (ii)
iv.
be of sufficient quality to withstand normal collection activities
and use; and
v.
for Grey Box containers with lids, the lid must be readily
separable from the container. Any devices used to tie down
or secure any lids must be removed by the resident prior to
collection; and
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 28 of 71
(c)
contents placed within a Grey Box container shall not exceed 91 cm
(3 feet) x 91 cm (3 feet) x 91 cm (3 feet); and
(d)
clearly separated from any other class of Collectable Material on the
same Premises.
11.2 Grey Box Material that is loose or not packaged as outlined above may not
be collected.
11.3 Further information on the collection of Grey Box Material is available from
sources noted in Section 54 of this By-law.
12.
Garbage
12.1 Material not included in the other Classes of Collectable Material of this
Bylaw shall be set out for collection as Garbage, and
(a)
packaged in a Garbage Container:
i.
height not exceeding a size of up to 91 cm (3 feet) measured
internally from the bottom of the receptacle to the top lip of the
opening; and no width exceeding a size of up to 61cm (2 feet)
measured internally from side to side, not corner to corner, or
as determined by the Region; and
ii.
not exceeding a weight (of container and waste) of 22.7 kg
(50 pounds); and
iii.
receptacle, can, bin or other container As Designated must be
equipped with handles on two (2) sides; and
iv.
be of sufficient quality to withstand normal collection activities
and use; and
(b)
such that the contents shall not exceed the limits of the top of the
Garbage Container; and
(c)
in such a way as to clearly separate it from any other classes of
Collectable Material on the same Premises; and
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 29 of 71
(d)
if required by this By-law, with the relevant Garbage Tag affixed, refer
to Section 13.1 (a); and
(e)
containing no other Classes of Collectable Material including but not
limited to Leaf and Yard Material, Green Bin Material, Blue Box
Material and Grey Box Material and Non-Collectable Material.
12.2 For Garbage Containers with lids, the lid must be readily separable from the
container. Any devices used to tie down or secure any lids must be
removed by the Owner prior to collection.
12.3 Garbage that is Non-Compliant, or which contains other classes of
Collectable Material and/or Non-Collectable Material, may not be collected.
12.4 The Region reserves the right to implement additional safeguards for
"sensitive" Materials, which shall include, but not be limited to, items such
as medical waste, health-related waste, and personal protective equipment.
13.
Collection Limits and Procedure for Garbage Exemptions
13.1 The maximum number of Garbage Containers set out every-other-week for
Type A, B, E, F Premises and every week for Type C and D Premises shall
be as set out in Schedule "A" to this By-law as follows:
(a)
An Owner of a Type A self-contained unit may set out additional
Garbage Containers provided that each extra Garbage Container
has the appropriate Garbage Tag affixed, which Garbage Tag has
been purchased from the Region or its authorized vendor; and
(b)
the Garbage Tag shall be affixed:
i.
untampered to a Garbage Container (i.e. torn in half) to the
neck of a waterproof bag or on top of the Materials placed in
a Garbage Container to allow additional limit of Garbage to be
set out for collection. Only Type A Premises as defined in
Schedule "A" of this By-law are eligible to use a Garbage Tag.
Any tampered Garbage Tags will not be accepted and
Material will not be collected; and
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 30 of 71
ii.
in a clearly visible location readily seen upon removal of the
container's lid for a non-disposable Garbage Container such
as a Garbage can, bin or receptacle. The Garbage Tag shall
not be placed directly on the can, bin, handle or receptacle.
iii.
Information on Garbage Tags is available from the sources
noted in Section 54 of this By-law.
(c)
an Owner of Premises may be allowed a Garbage Exemption if
they do not also have private Garbage collection services, and
subject to application and approval by the Region for the following
reasons:
i.
A medical condition that results in the generation of additional
Garbage for Type A Premises and group homes, homes for
adults with disabilities and homes for assisted living;
ii.
Type A Premises with one child under the age of four in
diapers can apply for collection of one (1) transparent plastic
bag of diapers combined with no other collectable Material, to
be collected on the week alternate to their regularly scheduled
Garbage collection day. These properties are restricted to two
Garbage Containers and no additional bag of diapers on their
regularly scheduled Garbage collection day.
iii.
Type A Premises with two children under the age of four in
diapers can apply for weekly collection of one (1) transparent
plastic bag of diapers combined with no other Collectable
Material;
iv.
Type A Premises with three or more children under the age of
four in diapers can apply for weekly collection of two (2)
transparent plastic bag of diapers combined with no other
Collectable Material;
v.
Type A Premises operating as an in-home child care provider
can apply for weekly collection of two (2) additional
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 31 of 71
transparent plastic bag of diapers combined with no other
Collectable Material.
(d)
an Owner of a Type A Premises may set out two (2) additional
Garbage Containers during Amnesty Week;
(e)
an Owner of Type B Premises may set out for collection a
maximum of two (2) containers per unit up to a maximum of twenty-
four (24) containers every-other week per Premises;
(f)
an Owner of Type B Premises may set out a maximum of two (2)
additional Garbage Container per unit up to a maximum of twenty
four (24) additional Garbage Containers per Premises during
Amnesty Week;
(g)
an Owner of Type C-D Premises may set out for collection a
maximum of four (4) Garbage Containers weekly;
(h)
an Owner of Type D Premises may set out four (4) additional
Garbage Containers during Amnesty Week;
(i)
an Owner of Type E and F Premises may set out for collection a
maximum of eight (8) Garbage Containers every-other-week;
(j)
an Owner of Type F Premises may set out eight (8) additional
Garbage Containers during Amnesty Week.
13.2 The number of Blue Box, Grey Box or Carts which may be collected from
different types of Premises shall be as set out in Schedule "A" to this By-
law, that is:
(a)
for Type A Premises, As of January 1, 2024, the Region will no longer
provide Blue Box and Grey Box collection services for this property
type and this will be under the provincial Common Collection System.
(b)
for Type B Premises, as of January 1, 2024, the Region will no longer
provide Blue Box and Grey Box collection services for this property
type and this will be under the provincial Common Collection System"
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 32 of 71
(c)
for Type Cand D Premises, an Owner may set out for collection
unlimited Blue and Grey Boxes or Carts, but will be subject to review
by the Region to ensure that efficient and cost effective services are
maintained.
(d)
for Type E and F Premises, an Owner may set out for collection up
to a combined total of eight (8) Blue and Grey Carts or the equivalent
number of units as determined solely by the Region. Type E
Premises that consistently exceed the eight (8) Cart equivalent limit
with Boxes or bundles, as solely determined by the Region, will be
encouraged to use Carts. If the Owner of a Premises fails to switch
to Cart collection, despite the Region's attempts to encourage the
switch, the Region may, at their discretion, and upon written notice
to the Owner, cease collection from the Premises until such time as
the property switches to adequate Cart collection, to the satisfaction
of the Region"
13.3 The number of Green Bin Containers or Carts which may be collected from
different types of Premises shall be as set out in Schedule "A" to this By-
law, that is:
(a)
for Type A Premises, an Owner may set out for collection unlimited
Green Bins;
(b)
for Type B Premises, an Owner may set out for collection Green Bins
or Green Carts on a request only basis in the quantity determined by
the Region;
(c)
for Type C, D and F Premises, an Owner may set out for collection
unlimited Green Bins or Carts, but will be subject to review by the
Region to ensure that efficient and cost effective services are
maintained;
(d)
for Type E Premises, an Owner may set out for collection up to eight
(8) Green Carts or the equivalent number of Green Bins as
determined solely by the Region. Type E Premises that consistently
exceed the eight (8) Cart equivalent limit with Green Bins, as solely
determined by the Region, will be encouraged to use Carts. If the
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 33 of 71
Owner of a Premises fails to switch to Cart collection, despite the
Region's attempts to encourage the switch, the Region may, at their
discretion, and upon written notice to the Owner, cease collection
from the Premises until such time as the property switches to
adequate Cart collection, to the satisfaction of the Region.
13.4 In all cases, except for the provision under section 2.2, the Material
collected during collection must be Material generated at the self-contained
unit for Type A Premises or on the Premises for Type B-F Premises.
13.5 Type A Premises that use private Garbage collection services or are not
able to stay within the Garbage limit, as determined by the Region, are
subject to review by the Region and may not be eligible for Garbage and/or
Bulky collection services as Designated. This applies to both base and
enhanced service, where applicable.
13.6 To be eligible for Garbage collection services, Premises that are eligible to
receive recycling collection services under the provincial Common
Collection System must utilize the provincial recycling collection program
and the Region's organics collection services. Premises which are not
eligible to participate in the provincial recycling collection program under the
provincial Common Collection System must utilize both the Region's
Blue/Grey Box Material and Green Bin Material collection service. This
applies to both base and enhanced service, where applicable.
13.7 Any Type C or E Premises, as shown in Schedule "A" with a building greater
than three (3) storeys, as determined by the Region, excluding municipal or
Region owned buildings are not eligible for any collection services.
13.8 Any Type C-F Premises, as shown in Schedule "A", which is not eligible to
receive recycling collection services under the provincial Common
Collection System that retain private service for Blue or Grey Box Material
collection will not be eligible for Regional collection services. An exemption
to this clause applies for regional and municipal facilities, Regional
Agencies, Boards and Commissions, as well as Registered Charities,
subject to application and approval by the Region.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 34 of 71
13.9 Collection limits for types of Premises are determined by the Region in
accordance with Schedule "A" using the property classifications designated
by MPAC and/or contained in applicable Site Plan Conditions. In the event
of discrepancy, the Region's designation of the Premises type will prevail.
If an Owner disagrees with the number of units contained within the
Premises as assessed, it is up to the Owner to provide proof of the actual
number of legally existing individual units within the Premises. In the
absence of provision of proof to the satisfaction of Niagara Region, the limit
for the Premises in question shall be as determined by the Region. In the
event of a Multi-Purpose Property, each individual Premises is subject to
their respective eligibility requirements and collection limits.
13.10 On a request basis, residential farms, as determined by the Region using
the property classification identified by MPAC, can receive either Type A or
Type E collection limits. If a residential farm does not request a farm
exemption, the premises will be serviced, as per their property classification
identified by MPAC, as set out in Schedule "A" to this By-law.
PART III - COLLECTION RESTRICTIONS AND RESPONSIBILITIES
14.
Collection Restrictions and Responsibilities
14.1 No Person or Owner shall set out or permit to be set out:
(a)
Non-Collectable Material; or
(b)
Non-Compliant Material.
14.2 The Owner of Premises shall set out for collection the Classes of
Collectable Material at the locations as shown in Section 15, in the manner
of, and in accordance with the schedules of collection days As Designated.
See Section 54 of this By-law for further sources of schedule and Material
preparation information.
14.3 If the Owner of a Premises fails to comply with the responsibilities and
requirements as set out in this By-law, the Region may, at the discretion of
the Commissioner of Public Works or his/her designate, and upon written
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 35 of 71
notice, either by ordinary mail (where receipt is deemed to be three (3) days
after mailing), registered mail or hand delivered, to the Owner, cease
collection from the Premises until such time as the Non-compliance is
corrected to the satisfaction of the Region.
14.4 If the Owner of a Premises or a tenant engages in any inappropriate
behaviour, riotous, violent, threatening or illegal conduct, or uses profane or
abusive language, as determined by the Region, towards Region staff or
contractors' staff, the Region may, at the discretion of the Commissioner of
Public Works or his/her designate, and upon written notice to the Owner,
cease collection from the Premises until such time as the inappropriate
behaviour, conduct and/or language is corrected to the satisfaction of the
Region.
14.5 The Owner of any Premises receiving collection shall be responsible to
ensure that all Persons on the Premises who use or expect to use the
Region's collection service receive and follow the instructional information
relating to the service provided by the Region.
14.6 The Owner of any Premises receiving collection shall be responsible to
ensure that animals such as dogs are secured or tied to ensure safety of
collection workers and uninterrupted collection.
14.7 The Owner of a Premises shall not interfere with collection vehicles or
personnel.
14.8 The Owner of a Premises shall not deposit any Material into a collection
vehicle.
14.9 In the event a change is made to the schedules of collection day As
Designated, the Region shall make reasonable efforts to advise all affected
persons by publication or service of notice upon the Owner of the affected
Premises as provided for in this section. Publication for purposes of this
section means notice placed on the Region's website at least fourteen (14)
days prior to any As Designated changes to collection schedule or area
being implemented. Service of notice by the Region for purposes of this
section means notices given to the Owner of affected Premises either
mailed by ordinary mail (where receipt is deemed to be three (3) days after
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 36 of 71
mailing), registered mail, or hand delivered to the address of the Owner
according to the last revised assessment roll of the subject property or by
posting the notice at the subject property, and such service shall be deemed
good and sufficient notice effective upon delivery. Information posters and
media releases may be used, in addition to the above publication or service
methods. In the event of an emergency situation, as determined by the
Region, involving a matter of public health and safety or a legal or regulatory
requirement which requires As Designated changes to be implemented
faster than on fourteen (14) days' notice, the Region may in its discretion
provide less than fourteen (14) days' prior notice but will endeavour to
provide as much notice as reasonably practicable.
15.
Collection Location
15.1 Except as set out in Section 15.2 the Owner of Premises shall set out
Material for collection by placing it at Curbside in front of the Premises in a
location to clearly distinguish separation from a neighbouring Premises and
as close as possible to the travelled portion of the road without obstructing
or interfering with the travelled portion of the road or any sidewalk.
15.2 The Owner of Premises shall set out Material at a collection point or
Communal Collection point approved or as determined by the Region.
Dwelling Units that place their Material at a Communal Collection point must
ensure all collection containers are labelled with the Dwelling Unit address
to clearly distinguish separation from neighbouring Dwelling Units.
15.3 No Owner shall place Material out for collection at any Premises except at
their own Premises.
15.4 No Owner shall permit Material at any time in the Care and Control of that
Owner to be located otherwise than on their Premises or in a Collection
location permitted by Section 15 of this By-law.
15.5 No Owner shall place Material out for collection on top or behind snow
banks. This will ensure the Material can safely be collected and prevent
containers from falling behind the snow bank or onto the roadway before or
after collection. During winter weather, when snow or snow banks may alter
the normal set out location, the Owner shall place the Material:
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 37 of 71
(a)
at the end of the driveway next to the snow bank; or
(b)
in a spot cleared out in the side of the snow bank near the travelled
portion of the road.
15.6 Material shall not be collected from inside an enclosure, shed or other
structures As Designated, unless otherwise approved by the Region.
Enclosures must be placed as close as possible to the travelled portion of
the road without obstructing or interfering with the travelled portion of the
road or any sidewalk, unless otherwise approved by the Region. Collection
personnel must be able to access Materials from enclosures by opening the
enclosure from the front not the top and must be able to remove Materials
from the enclosure without any obstruction.
16.
Collection Times and Collection Days
16.1 Collectable Material shall be set out not earlier than 5:00 p.m. on the day
before the designated collection day and not later than 7:00 a.m. on the
designated collection day.
16.2 The Owner shall remove all containers, together with any Material that was
not collected for any reason, from the Curbside as soon as possible after
collection, but not later than 7:00 p.m. on the designated collection day.
16.3 Material left Curbside before and after collection times will be the
responsibility of the Owner of the Premises.
16.4 For Designated Business Areas with a designated collection time before
noon (12:00 p.m.), Collectable Material shall not be set out earlier than 5:00
p.m. on the day before the designated collection time.
16.5 For Designated Business Areas with a designated collection time after noon
(12:00 p.m.), Collectable Material shall not be set out earlier than one (1)
hour prior to the designated collection time.
16.6 From time to time, the Region may define specific collection times other
than those referenced above for As Designated areas. The Owner of a
Premises in an As Designated area shall set out Collectable Material for
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 38 of 71
collection at the prescribed times and schedule As Designated which will be
published or communicated by the Region for the As Designated areas.
Publication for purposes of this Section means notice placed on the
Region's website at least fourteen (14) days prior to any As Designated
changes to collection schedule or area being implemented. Communication
by the Region for purposes of this Section means notices given to Owner
of affected Premises either mailed by ordinary mail (where receipt is
deemed to be three (3) days after mailing), registered mail or hand delivered
to the address of the Owner according to the last revised assessment roll
of the subject property or the notice may be posted at the subject property,
and such service shall be deemed good and sufficient service, effective
upon delivery. Information posters and media releases may be used, in
addition to the above publication or communication methods. In the event
of an emergency situation, as determined by the Region, involving a matter
of public health and safety or a legal or regulatory requirement which
requires As Designated changes to be implemented faster than on fourteen
(14) days' notice, the Region may in its discretion provide less than fourteen
(14) days' prior notice but will endeavour to provide as much notice as
reasonably practicable.
17.
Acceptable Containers
17.1 The Owner of Premises shall set out for collection only containers which
are:
(a)
maintained in a safe and efficient condition for collection and have
handles or indentations to facilitate the lifting and emptying of the
said receptacle; and
(b)
intact, as required, to prevent spillage or breakage during collection;
and
(c)
contained, as required, to prevent the attraction of animals (including
insects) and the release of odours; and
(d)
free of excess water, ice and snow or other substances which may
interfere with collection. Any Material which has become frozen or
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 39 of 71
stuck to the collection container and cannot be easily discharged will
not be collected; or
(e)
approved alternative, as determined by the Region.
18.
Uncontained Material
18.1 The Owner of a Premises shall not permit any Material set out for collection
to become uncontained or otherwise escape in for any reason, including
weather or animals.
18.2 The Owner of a Premises shall be responsible for the immediate clean up
or re-securing of uncontained Material.
18.3 Where Material that has been set out for collection has blown away or
otherwise escaped in any manner, the Owner of a Premises from which the
Material originated shall clean up the Material.
19.
Ownership
19.1 Except for Blue Box and Grey Box Material that are collected under the
provincial Common Collection System, all other properly prepared and
separated Collectable Material set out within the designated times becomes
the property of the Region upon pick-up or other receipt by authorized
employees or contractors of the Region.
19.2 Material set out which is Non-Collectable or Non-Compliant remains the
property and responsibility of the Owner.
19.3 At the Region's discretion, the Region may authorize the collection by the
Region or Contractors, of Non-Compliant or Non-Collectable Material for
the purpose of investigation or health, safety and welfare of the general
public.
20.
Requirements for Waste Collection
20.1 The Region may enter a Private Property for collection purposes provided
that:
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 40 of 71
(a)
the Region has determined from time to time that the roadways to be
used by collection vehicles on behalf of the Region:
i.
have been approved for on-site collection during the site plan
approval process; and
ii.
have widths, turning radii, means of access, and means of
egress meeting or exceeding the requirements of the Region's
Policy on Requirements for Waste Collection, as amended
from time to time; and
iii.
have overhead clearance meeting or exceeding the standards
prescribed in the Highway Traffic Act, R.S.O 1990, Ch. H.8,
or any successor legislation; and
iv.
are clear of snow and ice; and
v.
provide unobstructed access to the Material to be collected;
and
(b)
the Owner of the Private Property and/or development has entered
into a written agreement with the Region in the form As Designated
and in accordance with policies set by the Region.
20.2 Wherever practical, in accordance with the approved site plan and Region's
Requirements for Waste Collection Policy as determined by the Region,
Material from each unit shall be sufficiently separated to allow identification
of the unit generating the Material for purposes of the enforcement of this
By-law.
PART IV- REGIONAL DROP-OFF LOCATIONS
21.
Drop-off of Acceptable Material
21.1 The Region may establish Regional Drop-Off Locations for the drop-off of
Acceptable Material as set out in Sections 24 to 27 of this By- law.
22.
Unacceptable Materials
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 41 of 71
22.1 No Person shall drop off, or permit to be dropped off, unacceptable Material
at a Regional Drop-Off Location.
22.2 Unacceptable Material includes the following:
(a)
Any dangerous and hazardous Material such as poisons, hot live
ashes, caustics, acids, pesticides, herbicides, radioactive Material,
industrial process sludge, biomedical waste, or substances which
may cause personal or environmental problems with the exception
of the Household Hazardous Waste categories as set out in Section
26;
(b)
Ammunition;
(c)
Reactive chemical waste;
(d)
Liquid waste with the exception of certain Household Hazardous
Waste categories as set out in Section 26;
(e)
Pathological waste with the exception of Sharps, which are
collectable at Household Hazardous Waste Drop-Off Depots only;
(f)
Sludge from septic tanks or seepage;
(g)
Highly flammable, volatile, explosive, reactive or radioactive
Materials with the exception of certain Household Hazardous Waste
categories as set out in Section 26;
(h)
Leachate toxic waste;
(i)
PCB waste;
(j)
Carcasses of dogs, cats, fowl and other such creatures, or parts
thereof;
(k)
Live animals or birds;
(l)
Human excrement;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 42 of 71
(m)
Steel and plastic barrels, unless the lid is removed and the barrel is
empty and dry;
(n)
Automotive parts, not including automobile tires or small automotive
parts;
(o)
Waste with excess liquid accumulated in the load or Material that fails
a slump test;
(p)
Asbestos not prepared as set out in Section 28;
(q)
Organic Material which has decomposed under anaerobic
conditions; and
(r)
Other Material As Designated.
23.
Acceptable Material
23.1 Not all Regional Drop-Off Locations will receive all types of Acceptable
Material and receipt will depend on whether any of the following activities
occur at any given Regional Drop-Off Location:
(a)
Drop-off/Recycling;
(b)
Composting;
(c)
Household Hazardous Waste Collection;
(d)
Landfilling.
24.
Acceptable Drop-off/Recycling Material
24.1 Acceptable Material for Drop-off includes the following:
(a)
Automobile tires separated from the rims and free of foreign Material
and excessive moisture;
(b)
Asphalt and concrete;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 43 of 71
(c)
Batteries, either single use alkaline or rechargeable (excludes
electric-vehicle batteries or traction batteries);
(d)
Blue Box Material;
(e)
Bulky Goods;
(f)
Clothing for re-use;
(g)
Collectable Material;
(h)
Construction, Renovation and Demolition Material, including drywall,
wood, metal, PVC pipe and other building Materials;
(i)
Electrical and Electronic Equipment with personal information
removed:
(j)
Garbage;
(k)
Grey Box Material;
(l)
Household items for re-use including small appliances and toys and
other such goods;
(m)
Large Rigid Plastic;
(n)
Mattresses up to a maximum of four (4) per load, with the exception
of loads delivered by the Region's Collection Contractor;
(o)
Shingles;
(p)
White Goods, and
(q)
Other Material As Designated.
24.2 There may be locations where less than this full list may be Acceptable.
Consult the sources listed in Section 54 for further information.
25.
Acceptable Composting Material
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 44 of 71
25.1 Acceptable Material for composting includes the following:
(a)
Brush;
(b)
Christmas Trees;
(c)
Green Bin Material;
(d)
Leaf and Yard Material;
(e)
Grass Clippings; and
(f)
Other Material As Designated.
25.2 There may be locations where less than this full list may be Acceptable.
Consult the sources listed in Section 54 for further information
26.
Acceptable Household Hazardous Waste Material
26.1 Acceptable Material for Household Hazardous Waste is:
(a)
aerosol cans with contents remaining;
(b)
antifreeze;
(c)
batteries (all types);
(d)
barbeque propane tanks;
(e)
corrosive cleaners including inorganic acids, bases and oxidizers;
(f)
fertilizers and other inorganic oxidizers;
(g)
fire extinguishers;
(h)
flammable liquids such as solvents and thinners;
(i)
fluorescent light tubes;
(j)
gasoline and fuels;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 45 of 71
(k)
medications;
(l)
mercury switches and thermometers;
(m)
motor oil;
(n)
oil filters;
(o)
pesticides and herbicides;
(p)
paint;
(q)
paint sludge;
(r)
pharmaceuticals;
(s)
pool chemicals;
(t)
small gas cylinders such as propane, oxygen, carbon dioxide,
helium, expanding foam;
(u)
Sharps in puncture-proof containers; and
(v)
other Material As Designated.
26.2 All Household Hazardous Waste Material must be in acceptable containers,
which conform to the following requirements:
(a)
Must be in the original or clearly labelled container, indicating
contents;
(b)
All containers must be capped and sealed;
(c)
Liquid wastes must not be larger than 20 litres each. Barrels and/or
drums of liquid waste will not be accepted;
(d)
Gasoline will not be decanted at depots. The container and the
contents will be taken for safe disposal;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 46 of 71
(e)
No industrial, commercial or institutional hazardous waste will be
accepted; and
(f)
Other acceptable containers As Designated.
27.
Acceptable Landfilling Material
27.1 Acceptable Material for Landfilling is:
(a)
asbestos if prepared as set out in Section 28;
(b)
Bulky Goods, with the exception of those items which can be re-used
or recycled;
(c)
Construction, Renovation and Demolition Material with wood,
drywall, metal and other recyclable Material separated;
(d)
Garbage;
(e)
soil or dirt in acceptable quality and quantity, as determined by the
Region; and
(f)
other Material As Designated.
28.
Acceptable Asbestos Preparation and Acceptance Procedures
28.1 No Person shall unload or dispose of asbestos at a Regional Drop-Off
Location unless such unloading or disposal is in accordance with the
conditions set out in this Section.
28.2 Any Person dropping off asbestos shall contact the Region at least twenty-
four (24) hours prior to delivery of the asbestos to allow for preparation of
the Regional Drop-Off Location designated area.
28.3 All asbestos must be contained in a rigid, impermeable, sealed container of
sufficient strength to accommodate the weight and nature of the asbestos,
or the asbestos Material must be double bagged in two (2) six millimetre
polyethylene bags. The container must be free from punctures, tears or
leaks and shall be clearly labelled to indicate the nature of the contents.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 47 of 71
The external surface of the container and the vehicle used for the transport
of the asbestos must be free of asbestos.
28.4 During unloading, the packaged asbestos shall be handled individually and
care taken to place the packages in the designated area to avoid spillage.
This unloading shall be the responsibility of the Person dropping off the
asbestos.
28.5 The unloading shall only be done in the presence of the Region to ensure
that no loose asbestos or broken containers are unloaded and that no
airborne particulate is generated.
28.6 In the event that loose asbestos or broken containers are found, the Person
dropping off the asbestos shall repackage the Material with additional
containers or bags provided in his/her vehicle.
28.7 The asbestos containers shall be placed directly in the designated area
which has been prepared by the Region.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 48 of 71
29.
Material Requiring Special Handling
29.1 Any Person dropping off Material requiring special handling (such as dusty
Material) shall contact the Region at least 24 hours prior to delivery to a
Regional Drop-Off Location to receive handling instructions from the Region
and to allow for preparation of the Regional Drop-Off Location designated
area.
29.2 The unloading of the Material requiring special handling shall be the
responsibility of the Person dropping it off.
29.3 The Material requiring special handling shall be placed directly in the
designated area by the Person dropping it off.
29.4 Material requiring special handling is only accepted Mondays to Fridays,
between the hours of 8:30 a.m. and 3:00 p.m.
30.
Fees
30.1 The Region shall set fees to be paid by Persons for the drop-off of Material
at Regional Drop-Off Locations.
30.2 The fees are set out in the Region's Fees and Charges By-law as amended
from time to time.
31.
Access
31.1 Access to a Regional Drop-Off Location shall be limited to the days and
times As Designated by the Region. Days and hours of operation are
posted at each permanent location.
31.2 Access to a Regional Drop-Off Location shall be limited to Persons who are:
(a)
commercial haulers who have provided a copy of their Ministry of the
Environment, Conservation and Parks Waste Management System
Certificate and, when requested by the Region, proof satisfactory to
the Region that the Material they bring for drop-off has been
generated from within the Region; or
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 49 of 71
(b)
non-commercial haulers who, upon request, have provided proof of
their residency in the Region satisfactory to the Region.
31.3 The Region may further limit access to certain Regional Drop-Off Locations
As Designated.
31.4 The Region may specify time schedules and pre-deposit conditions for
Persons seeking access to a Regional Drop-Off Location.
31.5 The Region may refuse access to a Person at the Region's discretion if:
(a)
the Person has violated this By-law;
(b)
the Person is likely to violate this By-law;
(c)
the Person owes money to the Region pursuant to this By- law;
(d)
the Person is transporting Material which is unacceptable for deposit
at the Regional Drop-Off Location;
(e)
the Person's vehicle load is not fully covered and/or secured;
(f)
the Person's vehicle appears to be unsafe; or
(g)
the Person uses abusive or offensive language or behaviour toward
workers or other Persons at the Regional Drop-Off Location.
PART V - REGIONAL DROP-OFF LOCATION RESTRICTIONS AND
RESPONSIBILITIES
32.
Drop-off Restrictions
32.1 The following restrictions apply at Regional Drop-Off Locations:
(a)
all drivers shall ensure the vehicle load is fully covered and/or
secured and the vehicle is not over loaded;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 50 of 71
(b)
all drivers shall bring vehicles to a complete stop and await the
direction of the Region's site attendant before entering or leaving the
weigh scale;
(c)
all drivers shall identify the Material type and source to the Region's
site attendant;
(d)
all vehicles shall weigh inbound and outbound unless instructed
otherwise by the Region's site attendant;
(e)
no Material originating from outside the Region shall be dropped off;
(f)
all Material deposited shall become the property of the Region and
may be salvaged, recycled, reclaimed, disposed of and otherwise
dealt with as the Region may deem fit;
(g)
no Person, while at a Regional Drop-Off Location, shall operate a
vehicle or do any other thing without exercising due care and
attention or in a manner that causes or is likely to cause injury or
harm to any Person or damage to any property;
(h)
no Person, while at a Regional Drop-Off Location, shall:
i.
indulge in any riotous, violent, threatening or illegal conduct,
or use profane or abusive language as determined by the
Region; or
ii.
create a Nuisance or in any way interfere with the use of a
Regional Drop-Off Location by any other Person;
iii.
Any person deemed by staff to be engaging in these
behaviours may be refused service and/or requested to leave
the premises.
(i)
no Person shall deposit or allow or cause to be deposited Materials
except in bins or disposal areas for such purposes;
(j)
all Persons shall at all times obey all signs and directions of the
Region, its site attendants or staff or contractors' staff;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 51 of 71
(k)
all Persons shall enter or exit a Regional Drop-Off Location by the
designated access and exit routes;
(l)
no Person shall deposit or permit to be deposited Garbage into
recycling bins or composting areas;
(m)
no Person shall deposit Recyclable Material including Leaf and Yard
Material, Green Bin Material, Blue Box Material, Grey Box Material
and/or other Material As Designated into the Garbage area located
at the Drop-off/Recycling Depot or in the area designated for
Landfilling;
(n)
no Person shall cause or permit a vehicle to idle for more than three
(3) minutes in a sixty (60) minute period.
32.2 Violation(s) of Restrictions at Regional Drop-Off Locations:
(a)
On the first occasion of violation of any of the restrictions in Section
32.1 above, a written warning notifying the Person of his/her violation
may be issued by the Region; or
(b)
On the first or any subsequent occasion of violation of any of the
restrictions in Section 32.1 above, the Person may be charged with
an offence under the Provincial Offences Act, R.S.O. 1990, c. P.33,
or as amended, of having violated this By-law, and may also be
subject to being refused access to Regional Drop-Off Locations.
33.
No Trespassing
33.1 No Person shall unlawfully enter a Regional Drop-Off Location at any time.
33.2 No Person shall unlawfully enter the land strip around the perimeter of a
Regional Drop-Off Location (buffer lands) or a Regional Drop-Off Location
property during the time that the Regional Drop-Off Location is closed.
33.3 No Person shall enter with or operate an off-road vehicle or bike of any type
on any part of a Regional Drop-Off Location and/or the land strip around the
perimeter of a Regional Drop-Off Location (buffer lands).
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 52 of 71
34.
Drop-off Responsibilities
34.1 Every Person dropping off Material at a Regional Drop-Off Location shall:
(a)
drop off only Material acceptable for deposit As Designated;
(b)
comply with all orders or directions given by the Region's site
attendants or contractors' staff;
(c)
obey all speed limit signs and other signs posted at a Regional Drop-
Off Location;
(d)
separate each type of Material and deposit in areas designated for
such Material by the Region;
(e)
unload Material in a safe manner and use extreme caution while
unloading;
(f)
remove covers/tarpaulins and/or release turnbuckles on vehicles
only in the unloading area and at the direction of the Site Attendants
or contractor's staff;
(g)
remove any remaining loose Material from vehicles before leaving
the unloading areas;
(h)
close and secure, in a manner acceptable to the Region, all
unloading doors with chains or acceptable alternatives before
departure from the unloading areas;
(i)
ensure that any child under the age of 12 remain inside the vehicle
at all times;
(j)
ensure that children act responsibly at all times when outside the
vehicle;
(k)
ensure that animals remain inside the vehicle at all times;
(l)
acknowledge and accept that any Person entering a Regional Drop-
Off Location does so at their own risk. The Person and the Owner of
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 53 of 71
any vehicle brought upon a Regional Drop-Off Location agrees to
save the Region, its contractors, agents and employees, harmless
from any damages or claims whatsoever to themselves or their
property, or to any other Person or property whatsoever, arising from
such Person's negligence or failure to comply with their
responsibilities as set out in this By-law, As Designated or otherwise;
(m)
not depart from the Regional Drop-Off Location until the relevant fees
as set by the Region from time to time are paid in full, whether by
cash, debit, or charged to an authorized account;
(n)
conform strictly to all legislative requirements including, in particular,
the Environmental Protection Act, the Occupational Health and
Safety Act, R.S.O. 1990, Ch. 0.1, and any other relevant successor
legislation, any relevant regulations there under, any relevant
Environmental Compliance Approval(s), and any relevant Regional
By-laws, Policies, and Procedures; and
(o)
not smoke any substance anywhere on or near a Regional Drop-Off
Location.
35.
Refusal
35.1 The Region reserves the right to refuse to accept for drop-off any Material
for operational and/or material handling reason.
35.2 The Region reserves the right to refuse to accept for drop-off Acceptable
Blue Box and Grey Box Material or Household Hazardous Waste Material
of large commercial quantity as determined by the Region.
36.
Safe Loads
36.1 Persons entering a Regional Drop-Off Location shall ensure that all Material
transported is secure, covered, tied, or enclosed to prevent any Material
from falling onto any roadway or Public Property.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 54 of 71
PART VI - FURTHER RESTRICTIONS
37.
Illegal Dumping
37.1 General Prohibition:
No Person shall dump, drop, sweep, throw, cast or otherwise deposit; or
permit his/her contractor, agent, employee, child under his/her care or
control or animal under his/her care or control to dump, drop, sweep, throw,
cast or otherwise deposit; or permit a vehicle owned by an Owner to be
used by any Person for the purpose of dumping, dropping, sweeping,
throwing, casting or otherwise depositing any Material whatsoever on or in
any road or Public Property, or at the entrance to or around the perimeter
of a Regional Drop-Off Location.
37.2 Prohibition re: Public Space Litter/Recycling Bin:
No Person shall dump or otherwise deposit, or permit their contractor,
agent, employee, child under their care or control or animal under their care
or control to dump or otherwise deposit; or permit a vehicle owned by an
Owner to be used by any Person for the purpose of dumping or otherwise
depositing any Material generated on a Premises owned or occupied by that
Person, or at any time in the Care and Control of that Person, into or within
a one (1) metre radius of a Public Space Litter/Recycling Bin on any road
or Public Property.
37.3 Prohibition re: Care and Control:
No Person shall permit Material at any time in the Care and Control of that
Person to be dumped, dropped, swept, thrown, cast or otherwise deposited
by any other Person in contravention of Section 37.1 of this By-law.
37.4 For the purpose of Subsections 15.4, 37.2 and 37.3, Material shall be
deemed to have been within the Care and Control of a Person at a point in
time if the Material included any Material typically associated with or used
by that Person and shall include but is not restricted to the following
Materials:
(a)
mail and other paper products bearing the name, address or other
identifying characteristics typically associated with that Person;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 55 of 71
(b)
Material that can on a balance of probabilities be shown to have been
purchased by that Person;
(c)
Material that can on a balance of probabilities be shown to have
originated from Premises with respect of which a Person is
considered an Owner and during the time the Person was considered
an Owner;
(d)
Materials that can on a balance of probabilities be shown to have
been transported in a motor vehicle owned or under the Care and
Control of the Person.
38.
Scavenging
38.1 No Person shall, without the written approval of the Region, Scavenge,
interfere with, pick over, disturb, remove or scatter any Material set out for
collection.
38.2 No Person shall Scavenge, interfere with, pick over, disturb, remove or
scatter any Material at a Regional Drop-Off Location unless the Material has
been designated for re-use by the Region and the Person has received
permission from the Region.
39.
Saving Provisions
39.1 A Person shall not be liable under Section 37.3 if they can establish on the
basis of a balance of probabilities that such Material, deemed by Section
37.4 to have been within the Care and Control of that Person was in fact
never in that Person's care or control.
39.2 A Person or Owner shall not be liable for breach of either Section 15.4 or
37.3 of this By-law if they establish on a balance of probabilities that they
took all reasonable precautions to prevent occurrence of the offence.
PART VII - ENFORCEMENT
40.
Friendly Reminders
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 56 of 71
40.1 To encourage compliance with this By-law, the Region may use Friendly
Reminders and Final Friendly Reminders to identify or inform Persons or
Owners of Non-compliance.
41.
Where a Person or Owner is in Non-compliance with this By-law and if the Non-
compliance continues, despite the Region's attempts to obtain voluntary
compliance, the Region may issue an Order as outlined in Section 48 Notifications.
41.1 Notwithstanding any other provision of this By-law, no Person or Owner
shall be charged with an offense for setting out, or permitting to be set out
contrary to this By-law (included specific As Designated areas or collection
times or schedules), any Collectable Material for collection where the As
Designated provisions have not been published or communicated as set out
in Section 16.6 of this By-law.
41.2 In addition to the publication and communication of As Designated changes
set out in Section 16.6, the Region will issue a minimum of one (1) written
notification to inform the Owner of the As Designated alternate schedule for
the As Designated area before any such Owner is charged with an offense
as set out above.
42.
Enhanced Services
42.1 Offences under this By-law apply to all enhanced services as may be
applicable.
PART VIII - OFFENCES, PENALTIES, AND FINES
43.
Offences
43.1 Section 425 of the Municipal Act, 2001 provides that a municipality may
pass by-laws providing that a person who contravenes a by-law of the
municipality passed under this Act is guilty of an offence.
44.
Fines - Provincial Offences Act
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 57 of 71
44.1 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. 1900, Chapter P.33, as amended.
45.
Fines - Municipal Act, 2001
45.1 Section 429(1) of the Municipal Act, 2001, provides that a municipality may
establish a system of fines for offences under a by-law of the municipality
passed under the Municipal Act, 2001.
45.2 Every Person who contravenes a provision of this By-law, and every director
or officer of a corporation who knowingly concurs in the contravention of this
By-law by the corporation, is guilty of an offence under the provisions of the
Municipal Act, 2001, and is liable on conviction to a penalty, where the
minimum fine shall not exceed $500 (save and except the fine for "Illegal
Dumping" which carries a minimum fine of $750), and a maximum fine, shall
not exceed $100,000, exclusive of costs under the provisions of the
Municipal Act, 2001.
45.3 In the case of a continuing offence(s), every person who contravenes any
provision of this By-law, and every director or officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is
guilty of an offence, and is liable on conviction, to a penalty not exceeding
$10,000 per day, or part thereof, exclusive of costs, under the provisions of
the Municipal Act, 2001.
45.4 In the case of a multiple offence, for each offence included in the multiple
offence, a minimum fine shall not exceed $500 (save and except the fine
for "Illegal Dumping" which carries a minimum fine of $750) and a maximum
fine shall not exceed $10,000.
45.5 Notwithstanding Section 45.3 and Section 45.4, and in accordance with the
provisions of the Municipal Act, 2001, the total of all fines for the continuous
offences or multiple offences, is not limited to $100,000.
46.
Special Fines
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 58 of 71
46.1 In addition to the fines in Sections 44 and 45, a special fine is also
chargeable and may exceed $100,000, where an offence of this Bylaw has
been committed and there is evidence that the Person who has committed
the offence has achieved an economic advantage or gain from contravening
this By-law. The intent of this section is to eliminate or reduce such
economic advantage or gain or to deter the Person from further Non-
compliance with this By-law.
47.
Alternative Set Fine Procedure
47.1 In the discretion of the Region, charges may be laid for offences committed
in contravention of this By-law using the certificate of offence set fine
procedure set out under Part I of the Provincial Offences Act, R.S.0. 1990,
Ch. P.33, or any successor legislation.
48.
Order Prohibiting Continuation
48.1 When a Person or Owner has been convicted of an offence under this By-
law, and in addition to any other remedy and to any penalty imposed by the
By-law including a fine and a remedial action fee as set out in Section 49,
the court in which the conviction has been entered and any court of
competent jurisdiction thereafter may make an order prohibiting the
continuation or repetition of the offence by the Person or Owner convicted.
49.
Work Orders
49.1 Where the Region is satisfied that a Person or Owner has failed to comply
with any provision of this By-law, and a contravention has occurred, the
Region may, by written notice, issue an order requiring the Person or Owner
who contravened the By-law, or who caused or permitted the contravention,
or the Person or Owner or Occupant of the land on which the contravention
occurred, to do work to correct the contravention, as set out in the Municipal
Act, 2001, S.O. 2001, c.25, or as amended.
49.2 The Order shall set out:
(a)
The municipal address and/ or the legal description of the property
or land on which the contravention occurred;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 59 of 71
(b)
Reasonable particulars of the contravention adequate to identify the
contravention;
(c)
The work to be done and the date by which there must be compliance
with the Order.
49.3 Every Person or Owner who contravenes an Order is guilty of an offence.
49.4 Any Order issued under this By-law may be given by ordinary mail,
registered mail or hand delivered to the address of the Person or Owner
according to the last revised assessment roll of the subject property or the
notice may be posted at the subject property, and such service shall be
deemed good and sufficient service.
49.5 Where an Order has been served on an Owner/Occupant by personal
service or posting a copy on the property, it is deemed to be delivered
immediately.
49.6 Where an Order is given by: ordinary mail, it is deemed to have been
received three (3) days after mailing; and by registered mail, it is deemed
to have been received on date of delivery.
49.7 Every Person or Owner shall comply with any Order issued under the
authority of this By-law.
50.
Remedial Actions
50.1 Where a Person or Owner is in default of an Order, the Region may, without
notice and in addition to any other action, cause the work to be done at the
Person or Owner's expense. Without limitation, the Region, its employees,
agents or contractors may access and remove such Material or carry out
the work required to make the property comply with this By-law.
50.2 Any Material removed may be immediately disposed of.
50.3 The Region may invoice the Person or Owner for all costs associated with
the work done pursuant to Section 46 including, but not limited to, court
costs, Regional and/or local government administrative and legal fees,
contractors' invoices, disposal fees and interest at a rate of fifteen (15%)
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 60 of 71
per cent per annum from the day the Region incurs such costs. The Region
may include a minimum disposal charge of one hundred and fifteen
($115.00) dollars in the event the Material cleaned up is not separately
weighed.
50.4 Such costs may be charged and enforced separately or in addition to any
other enforcement action undertaken pursuant to this By-law, not as an
alternative to same.
50.5 In the event that a Person or Owner was provided an invoice for costs in
accordance with Section 48, and the invoice is not paid by the Person or
Owner within sixty (60) days of issuance, the costs may be recovered by
action or by adding the costs to the tax roll and collecting them in the same
manner as taxes in accordance with section 446 of the Municipal Act, 2001,
S.O. 2001, c.25, as may be amended form time to time.
50.6 The amount of the costs constitutes a lien on the land or Premises involved
upon the registration in the proper land registry office of a notice of lien.
51.
Entry for Enforcement
51.1 By-law enforcement officers may enter on private properties or new and
redeveloped roadways on private or public properties for the purpose of
enforcing this By-law, but may not enter a residential dwelling without the
occupant's permission, or unless so authorized by order of a court of
competent jurisdiction.
PART IX - GENERAL
52.
Conflicts of Laws
52.1 Where a provision of this By-law conflicts with a provision of another By-law
in force in the Region, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 61 of 71
53.
Schedules
53.1 The Schedules to this By-law form an integral part of this By-law.
54.
Further Information on Material Preparation
54.1 More detailed instructions on preparation of Material for collection or drop
off at a Regional Drop-Off Location are available on the Region's website at
www.niagararegion.ca or in publications updated and distributed by the
Region from time to time or by contacting the Waste Info-line Monday to
Friday, 8:30am - 4:30pm, at 905-356-4141 or Toll-free at 1-800-594-5542.
54.2 More detailed instructions on preparation of Blue Box Material and Grey
Box Material not collected by the Region and falls under the provincial
Common Collection System along with related customer service inquiries
are available at the Producer Responsibility Organization (PRO) website
circularmaterials.ca/niagara.
55.
Delegation of Powers to Commissioner of Public Works
55.1 The Commissioner of Public Works or their designate is delegated the
administrative power by Council to implement minor program changes
which have no negative financial impact and/or minimal service level
implications to the Waste Management system of the Region under this
Bylaw, including but not limited to:
(a)
alteration to the classes and lists of Material in this By-law requiring
specific treatment or preparation for collection or drop-off at Regional
Drop-Off Locations;
(b)
appoint By-law Enforcement Officers for the purpose of the
enforcement of this By-law;
(c)
changes to the forms in use for notification to the public, such as
Friendly Reminders, and Friendly Final Reminders;
(d)
changes to the requirements for Material preparation for collection or
drop-off at a Regional Drop-Off Location;
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 62 of 71
(e)
changes to the procedure for scheduling collection of specialty items
such as Bulky Goods;
(f)
changes to the new and redevelopment agreements as set out in
Section 20;
(g)
temporary changes to access, time schedules or opening hours at
Regional Drop-Off Locations; and
(h)
establishment of such other matters as are necessary for the proper
administration of this By-law.
56.
Severability
56.1 If any provision of this By-law is declared invalid for any reason by a court
of competent jurisdiction, only that invalid portion of the By-law shall be
severed and the remainder of the By-law shall still continue in force.
57.
Environmental Compliance Approvals
57.1 The provisions of this By-law shall be subject to the terms of the
Environmental Compliance Approvals for any Regional Drop-Off Location
or any other waste management facilities or systems operated by or on
behalf of the Region, and any relevant statutes and regulations.
58.
References
58.1 Any reference to a statute is to such statute and to the regulations made
pursuant to it, as such statute and regulations may at any time be amended
or modified and in effect, and to any statute or regulations that may be
passed that have the effect of supplementing or superseding such statute
or regulations.
59.
Short Title of By-law
59.1 The short title of this By-law is the "Waste Management By-law".
60.
Force and Effect Date
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
Amended By By-law No. 2023-91
PWC 11-2023
Minute Item 5.3
Page 63 of 71
60.1 Except as otherwise specified in this By-law, this By-law shall come into
force and effect on the date passed by Regional Council.
61.
Interpretation
61.1 The necessary grammatical changes required to make the provisions of this
By-law applicable to corporations, partnerships, trusts and persons, and to
include the singular or plural meaning where the context so requires, shall
in all cases be assumed as though fully expressed.
61.2 The words "include" and "including" are not to be read as limiting the
meaning of a word or term to the phrases or descriptions that follow.
61.3 The insertion of headings and the division of this By-law into sections and
subsections are for convenience of reference only and shall not affect the
interpretation thereof.
62.
Repeal of Prior By-law
62.1 By-law No. 2017-56 is hereby repealed.
THE REGIONAL MUNICIPALITY OF NIAGARA
______________________________________
James Bradley, Regional Chair
______________________________________
Ann-Marie Norio, Regional Clerk
Passed: May 19, 2022
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE "A"
COLLECTABLE VOLUME LIMITS
Page 64 of 71
Table 1: Garbage Container Limits
Type of Premises (as Assessed by MPAC)
Container
Limit
Collection
Frequency
A. Low Density Residential (LDR) Premises including:
- single-family detached with one self-contained unit,
- semi-detached residential with 2 residential homes,
both self-contained units;
- duplex residential structure with 2 self-contained
units;
- residential buildings with three (3) to six (6) units;
- cottage properties with up to six (6) cottages;
- Bed and Breakfast establishments with three (3)
bedrooms or less;
- structures with six (6) or more units that are
considered horizontal, row or townhouses or condo
housing;
- vertical structures where all units have a primary
exterior door directly accessing ground level that is
visible from the collection point (including stacked
townhouse structures)
- trailer parks (only those classified as LDR in
MPAC),
- boarding homes with six (6) or fewer rooms; and
- residential farms
2 per self-
contained
unit
Every-
other-week
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE "A"
COLLECTABLE VOLUME LIMITS
Page 65 of 71
Type of Premises (as Assessed by MPAC)
Container
Limit
Collection
Frequency
B. Multi-Residential Premises are residential
buildings containing seven (7) or more self-contained
units, including but not limited to, apartments,
condominiums and rentals, nursing and retirement
homes, cottage properties with seven (7) or more
cottages, boarding homes with seven (7) or more
rooms, Group Homes, and vertical structures (stacked
townhouses or similar style) where one or more unit
does not have a primary external access door directly
accessing ground level and cannot be serviced as a
Type A Premises, and mobile homes (not assessed
by MPAC as Low Density Residential Units).
2 per self-
contained
unit up to
a
maximum
24 per
building
Every-
other-week
C. Premises used for one or more institutional,
commercial or industrial purposes inside Designated
Business Area and Bed and Breakfasts with four (4) or
more bedrooms inside Designated Business Areas.
Maximum
4 per
Premises
Weekly
D. Mixed use Premises used for one or more
institutional, commercial or industrial and residential
purposes inside Designated Business Area.
Maximum
4 per
Premises
Weekly
E. Premises used for one or more institutional,
commercial or industrial purposes outside Designated
Business Area and Bed and Breakfasts with four (4) or
more bedrooms outside Designated Business Areas are
Type E Premises.
Maximum
8 per
Premises
Every-
other-week
F. Mixed use Premises used for one or more
institutional, commercial or industrial and residential
purposes outside Designated Business Area.
Maximum
8 per
Premises
Every-
other-week
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE "A"
COLLECTABLE VOLUME LIMITS
Page 66 of 71
Table 2: Recycling Container Limits
Type of Premises (as Assessed by MPAC or as
defined under O. Reg. 391/21)
Container Limit
Collection
Frequency
C. Premises used for one or more institutional,
commercial or industrial purposes inside Designated
Business Area and Bed and Breakfasts with four (4)
or more bedrooms inside Designated Business
Areas.
Unlimited
Weekly
D. Mixed use Premises used for one or more
institutional, commercial or industrial and residential
purposes inside Designated Business Area.
Commercial
Component Only:
Unlimited
Residential
Component:
Provided through
the provincial
Common
Collection System.
Weekly
E. Premises used for one or more institutional,
commercial or industrial purposes outside
Designated Business Area and Bed and Breakfasts
with four (4) or more bedrooms outside Designated
Business Areas are Type E Premise.
Combined limit of
the eight (8) Blue
and Grey Carts or
the equivalent in
Blue and Grey
Boxes as
determined solely
by the Region.
Weekly
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE "A"
COLLECTABLE VOLUME LIMITS
Page 67 of 71
Type of Premises (as Assessed by MPAC or as
defined under O. Reg. 391/21)
Container Limit
Collection
Frequency
F. Mixed use Premises used for one or more
institutional, commercial or industrial and
residential purposes outside Designated Business
Area.
Commercial
Component
Combined limit of
the eight (8) Blue
and Grey Carts or
the equivalent in
Blue and Grey
Boxes as
determined solely
by the Region.
Residential
Component:
Provided through
the provincial
Common
Collection
System.
Weekly
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE "A"
COLLECTABLE VOLUME LIMITS
Page 68 of 71
Table 3: Organic Container Limits
Type of Premises (as Assessed by MPAC)
Container Limit
Collection
Frequency
A. Low Density Residential (LDR) Premises
including:
- single-family detached with one self-contained
unit;
- semi-detached residential with 2 residential
homes, both self-contained units;
- duplex residential structure with 2 self-
contained units;
- residential buildings with three (3) to six (6)
units;
- cottage properties with up to six (6) cottages;
- Bed and Breakfast establishments with three
(3) bedrooms or less;
- structures with six (6) or more units that are
considered horizontal, row or townhouses or
condo housing;
- Vertical structures where all units have a
primary exterior door directly accessing
ground level that is visible from the collection
point (including stacked townhouse
structures);
- trailer parks (only those classified as LDR in
MPAC);
- boarding homes with six (6) or fewer rooms;
and
- residential farms
Unlimited per self-
contained unit
Weekly
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE "A"
COLLECTABLE VOLUME LIMITS
Page 69 of 71
Type of Premises (as Assessed by MPAC)
Container Limit
Collection
Frequency
B. Multi-Residential Premises are residential
buildings containing seven (7) or more self-
contained units, including but not limited to,
apartments,
condominiums
and
rentals,
nursing and retirement homes, cottage
properties with seven (7) or more cottages,
boarding homes with seven (7) or more
rooms, Group Homes, and vertical structures
(stacked townhouses or similar style) where
one or more unit does not have a primary
external access door directly accessing
ground level and cannot be serviced as a
Type A Premises, and mobile homes (not
assessed
by
MPAC
as
Low
Density
Residential Units).
Quantity as
determined by the
Region on a
request only basis
for Green Bins or
Carts
Weekly
C. Premises used for one or more institutional,
commercial or industrial purposes inside
Designated Business Area and Bed and
Breakfasts with four (4) or more bedrooms
inside Designated Business Areas.
Unlimited
Weekly
D. Mixed use Premises used for one or more
institutional, commercial or industrial and
residential purposes inside Designated
Business Area.
Unlimited
Weekly
E. Premises used for one or more institutional,
commercial or industrial purposes outside
Designated Business Area and Bed and
Breakfasts with four (4) or more bedrooms
outside Designated Business Areas are Type
E Premises.
Limit of eight (8)
Green Carts or the
equivalent number
of Green Bins as
determined solely
by Niagara
Region.
Weekly
F. Mixed use Premises used for one or more
institutional, commercial or industrial and
residential purposes outside Designated
Business Area.
Unlimited
Weekly
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE B
FRIENDLY REMINDER NOTICE
Page 70 of 71
Bill No. 2022-32
Authorization Reference: PWC 4-2022;
Minute Item 6.1
Amended by By-law No. 2022-60
CL 15-2022;
Minute Item 9.1.1
SCHEDULE B
FRIENDLY REMINDER NOTICE
Page 71 of 71