Acts and Regulations

M-22 - Municipalities Act

Section 7.1
Disposition versions

Full text
Provision of garbage services by municipality or rural community
7.1(1)Without restricting the generality of paragraph 7(3)(c), a municipality may in a by-law respecting garbage and refuse collection and disposal
(a) prescribe garbage and refuse that will be collected and that will not be collected,
(b) prohibit the disposal of certain garbage and refuse,
(c) prescribe sorting and packaging requirements,
(d) prescribe the terms and conditions of collection and any restrictions on collection, and
(e) restrict garbage and refuse collection and disposal to certain classes of real property.
7.1(2)Notwithstanding paragraph 7(3)(b), where a municipality regulates garbage and refuse collection and disposal pursuant to a by-law and the by-law incorporates the elements set out in paragraphs(1)(a) to (d), the municipality may recover the cost of the service, or any portion thereof, on a user-charge basis under this section, which may be established on an amortized or any other basis as the municipality shall seem fit.
7.1(3)Money recovered under subsection (2) shall be used only for the purpose of providing a garbage and refuse collection and disposal service, and any surplus or deficit realized in any year from the imposition of user-charges for the service shall be carried forward and credited to or debited from the current fund for that service for the second next ensuing year.
7.1(4)Where used in this section, “user-charge” includes
(a) a rate or charge calculated by measuring the units of garbage and refuse being disposed of by a user of the service,
(b) a flat rate or charge imposed on one or more different classes of users of the service, provided that the flat rate or charge is uniform within each class, or
(c) any combination of the rates or charges described in paragraphs (a) and (b),
but does not include
(d) a rate or charge calculated by reference to the value of the real property in respect of which the service is being supplied.
7.1(5)A council may by by-law prescribe the terms and conditions for payment of user-charges established under this section in respect to
(a) collection and recovery,
(b) discounts,
(c) prepayment and instalment payment,
(d) imposition of penalties for non-payment, and
(e) proceedings to be taken in default of payment.
7.1(6)Where a municipality provides a garbage and refuse collection and disposal service for which user-charges are imposed, the municipality may by by-law
(a) compel the owner of a building, the owner of a mobile home used as a temporary or permanent residence or the owner of a trailer used as a temporary or permanent residence to use the service, or
(b) make a charge to the owner of the land on which a building, mobile home or trailer referred to in paragraph (a) is located, if the service is not used.
7.1(7)In determining the charge to be made in subsection (6), the municipality shall make its assessment as near as possible to what the user-charge would be if the owner used the service.
7.1(8)A user-charge and any penalty levied under this section is a debt to the municipality and may be recovered by the municipality in a court of competent jurisdiction.
7.1(9)A municipality that makes a by-law respecting garbage and refuse collection and disposal may, by by-law and for such purposes, define any word or expression used in this Act but not defined in this Act.
7.1(10)This section applies with the necessary modifications to a rural community that has enacted a by-law under subsection 190.079(1) with respect to the service of garbage and refuse collection and disposal.
2002, c.6, s.1; 2003, c.27, s.3; 2005, c.7, s.49
Provision of garbage services by municipality or rural community
7.1(1)Without restricting the generality of paragraph 7(3)(c), a municipality may in a by-law respecting garbage and refuse collection and disposal
(a) prescribe garbage and refuse that will be collected and that will not be collected,
(b) prohibit the disposal of certain garbage and refuse,
(c) prescribe sorting and packaging requirements,
(d) prescribe the terms and conditions of collection and any restrictions on collection, and
(e) restrict garbage and refuse collection and disposal to certain classes of real property.
7.1(2)Notwithstanding paragraph 7(3)(b), where a municipality regulates garbage and refuse collection and disposal pursuant to a by-law and the by-law incorporates the elements set out in paragraphs(1)(a) to (d), the municipality may recover the cost of the service, or any portion thereof, on a user-charge basis under this section, which may be established on an amortized or any other basis as the municipality shall seem fit.
7.1(3)Money recovered under subsection (2) shall be used only for the purpose of providing a garbage and refuse collection and disposal service, and any surplus or deficit realized in any year from the imposition of user-charges for the service shall be carried forward and credited to or debited from the current fund for that service for the second next ensuing year.
7.1(4)Where used in this section, “user-charge” includes
(a) a rate or charge calculated by measuring the units of garbage and refuse being disposed of by a user of the service,
(b) a flat rate or charge imposed on one or more different classes of users of the service, provided that the flat rate or charge is uniform within each class, or
(c) any combination of the rates or charges described in paragraphs (a) and (b),
but does not include
(d) a rate or charge calculated by reference to the value of the real property in respect of which the service is being supplied.
7.1(5)A council may by by-law prescribe the terms and conditions for payment of user-charges established under this section in respect to
(a) collection and recovery,
(b) discounts,
(c) prepayment and instalment payment,
(d) imposition of penalties for non-payment, and
(e) proceedings to be taken in default of payment.
7.1(6)Where a municipality provides a garbage and refuse collection and disposal service for which user-charges are imposed, the municipality may by by-law
(a) compel the owner of a building, the owner of a mobile home used as a temporary or permanent residence or the owner of a trailer used as a temporary or permanent residence to use the service, or
(b) make a charge to the owner of the land on which a building, mobile home or trailer referred to in paragraph (a) is located, if the service is not used.
7.1(7)In determining the charge to be made in subsection (6), the municipality shall make its assessment as near as possible to what the user-charge would be if the owner used the service.
7.1(8)A user-charge and any penalty levied under this section is a debt to the municipality and may be recovered by the municipality in a court of competent jurisdiction.
7.1(9)A municipality that makes a by-law respecting garbage and refuse collection and disposal may, by by-law and for such purposes, define any word or expression used in this Act but not defined in this Act.
7.1(10)This section applies with the necessary modifications to a rural community that has enacted a by-law under subsection 190.079(1) with respect to the service of garbage and refuse collection and disposal.
2002, c.6, s.1; 2003, c.27, s.3; 2005, c.7, s.49