Acts and Regulations

2002-59 - Garbage Collection

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Revoked on 1 October 2018
NEW BRUNSWICK
REGULATION 2002-59
under the
Municipalities Act
(O.C. 2002-248)
Filed June 28, 2002
Under section 191 of the Municipalities Act, the Lieutenant-Governor in Council, upon the recommendation of the Minister, makes the following Regulation:
Repealed: 2018-72
Citation
1This Regulation may be cited as the Garbage Collection Regulation - Municipalities Act.
Definitions
2In this Regulation
“Act” means the Municipalities Act; (Loi)
“collection day” means the day of the week on which garbage and refuse is collected; (jour de collecte)
“curbside or roadside” means an area that(trottoir ou bord de la route)
(a) is not more than two metres from the point where the driveway of a residential or farm property intersects a highway, road or lane, and
(b) is visible from the intersection;
“family day care home” means a family day care as defined in New Brunswick Regulation 83-85 under the Family Services Act; (foyer-garderie de type familial)
“farm property” means a property where a producer as defined in New Brunswick Regulation 84-18 under the Financial Administration Act carries on an agricultural operation as defined in the Agricultural Operation Practices Act; (propriété agricole)
“reserve” means a reserve as defined in the Indian Act (Canada); (réserve)
“residential property” means a single or multiple unit family dwelling, and includes a special care home and a family day care home; (immeuble résidentiel)
“silage wrap” means a low density polyethylene material that is no thicker than .2032 mm and is primarily intended to wrap silage; (enveloppe d’ensilage)
“special care home” means a community placement residential facility that is a home or residence, as defined in New Brunswick Regulation 83-77 under the Family Services Act; (foyer de soins spéciaux)
“unincorporated area” means(région non constituée en municipalité)
(a) an area within the Province that is outside the territorial limits of a municipality or a rural community, but excludes a reserve or any portion of a reserve within the area, and
(b) a rural community that has not enacted a by-law under subsection 190.079(1) of the Act with respect to the service of garbage and refuse collection and disposal.
2005-46; 2005-151
Application
3This Regulation applies to all unincorporated areas.
Restriction of service
4(1)A garbage and refuse collection and disposal service shall be provided by the Minister to the following properties:
(a) residential properties; and
(b) farm properties for the collection and disposal of silage wrap.
4(2)Notwithstanding any other provision of this Regulation, between the dates of November 1 and April 30, inclusive, the garbage and refuse collection and disposal service provided by the Minister shall, for the purposes of garbage and refuse placed for collection, be restricted to
(a) the roads maintained by the Province during that period, and
(b) the roads maintained by a rural community during that period, if the rural community has enacted a by-law under subsection 190.079(1) with respect to the service of roads and streets.
2005-46; 2005-151
Packaging requirements
5Sections 6, 7 and 8 do not apply to an item of garbage or refuse that is
(a) a freezer, refrigerator, dishwasher, stove, wall oven or microwave oven,
(b) a humidifier, dehumidifier, heat pump, water pump, water heater or television set,
(c) furniture, unless the furniture is packaged in accordance with subsection 6(2), 7(3) or 8(2), or
(d) any other large typical household appliance or equipment.
Packaging requirements
6(1)This section applies to all unincorporated areas other than those serviced by Kent Regional Service Commission, Southeast Regional Service Commission, Regional Service Commission 8 and Fundy Regional Service Commission.
6(2)A person who disposes of garbage or refuse through a garbage and refuse collection service provided by the Minister shall ensure that all garbage and refuse that is placed for collection at curbside or roadside
(a) is contained in a bag or cardboard box that is securely closed and that does not weigh more than 23 kilograms when filled or exceed 1.2m × 0.6m × 0.6m, or
(b) is securely bundled into a package that does not weigh more than 23 kilograms or exceed 1.2m × 0.6 m × 0.6 m if it cannot be packaged in accordance with paragraph (a),
6(3)No person shall dispose of more than 45 kilograms of garbage or refuse bundled in accordance with paragraph (2)(b) on any collection day.
6(3.1)Notwithstanding subsection (3), no person shall dispose of more than 70 kilograms of silage wrap bundled in accordance with paragraph (2)(b) on any collection day.
6(4)No person shall use a plastic shopping bag for the purposes of paragraph (2)(a).
2005-151; 2012, c.44, s.12; 2014-48
Packaging requirements
7(1)In this section
“wet waste” means garbage and refuse that is able to be composted, but does not include paper products other than paper towels and tissues;
“dry waste” means garbage and refuse that is not able to be composted but includes paper products other than paper towels and tissues.
7(2)This section applies to the unincorporated areas serviced by Kent Regional Service Commission, Southeast Regional Service Commission and Regional Service Commission 8.
7(3)A person who disposes of garbage and refuse through a garbage and refuse collection and disposal service provided by the Minister shall ensure that all garbage and refuse that is placed for collection at curbside or roadside
(a) if wet waste, is contained in a green transparent plastic bag or a reusable container labelled “wet” that does not weigh more than 23 kilograms when filled or exceed 1 m × 0.6 m × 0.6 m, or
(b) if dry waste,
(i) is contained in a blue transparent plastic bag or a reusable container labelled “dry” that does not weigh more than 23 kilograms when filled or exceed 1 m × 0.6 m × 0.6 m, or
(ii) is securely bundled into a package that does not weigh more than 23 kilograms or exceed 1 m × 0.6 m × 0.6 m if it cannot be packaged in accordance with subparagraph (i).
7(4)No person shall dispose of more than 45 kilograms of garbage or refuse bundled in accordance with subparagraph (3)(b)(ii) on any collection day.
7(5)Notwithstanding subsection (4), no person shall dispose of more than 70 kilograms of silage wrap bundled in accordance with subparagraph (3)(b)(ii) on any collection day.
2005-151; 2012, c.44, s.12; 2014-48
Packaging requirements
8(1)This section applies to the unincorporated areas serviced by the Fundy Regional Service Commission.
8(2)A person who disposes of garbage and refuse through a garbage and refuse collection and disposal service provided by the Minister shall ensure that all garbage and refuse that is placed at curbside or roadside for collection
(a) if it is able to be composted, is packaged in a container supplied or approved by the Commission, and
(b) if it is not able to be composted,
(i) is contained in a bag or cardboard box that is securely closed and that does not weigh more than 23 kilograms when filled or exceed 1.2m × 0.6m × 0.6m, or
(ii) is securely bundled into a package that does not weigh more than 23 kilograms or exceed 1.2m × 0.6m × 0.6m if it cannot be placed in a bag or box in accordance with subparagraph (i).
8(3)No person shall dispose of more than 23 kilograms of garbage or refuse in a container referred to in paragraph (2)(a) on any collection day.
8(4)No person shall use a plastic shopping bag for the purposes of subparagraph (2)(b)(i).
8(5)No person shall dispose of more than 45 kilograms of garbage or refuse bundled in accordance with subparagraph (2)(b)(ii) on any collection day.
8(6)Notwithstanding subsection (5), no person shall dispose of more than 70 kilograms of silage wrap bundled in accordance with subparagraph (2)(b)(ii) on any collection day.
2005-151; 2012, c.44, s.12; 2014-48
Collection requirements
9(1)On collection day, a person who disposes of garbage and refuse through a garbage and refuse collection and disposal service provided by the Minister shall place the garbage and refuse at the curbside or roadside of the residential or farm property.
9(2)Notwithstanding subsection (1), a person may place garbage and refuse at curbside or roadside of a residential or farm property
(a) at any time, if the garbage and refuse is completely enclosed in a wooden, metal or hard plastic container, or
(b) the evening before the collection day, if the garbage and refuse is packaged in a bundle in accordance with paragraph 6(2)(b) or subparagraphs 7(3)(b)(ii) or 8(2)(b)(ii).
9(3)A person who disposes of garbage or refuse through a garbage and refuse collection service provided by the Minister shall not leave, or permit to be left, garbage or refuse at the curbside or roadside of the residential or farm property after the collection day unless the garbage or refuse is completely enclosed in a wooden, metal or hard plastic container.
9(4)Notwithstanding subsection (1), where garbage or refuse is collected from a multiple unit family dwelling, special care home, family day care home or farm property, the garbage or refuse may be placed for collection in an area or shed that is located on the property, if the area or shed is safely and easily accessible to the vehicle that is used for collecting the garbage and refuse.
2005-151
Prohibitions respecting disposal
10No person shall dispose of the following items through a garbage and refuse collection and disposal service provided by the Minister:
(a) ashes, rocks, sand or gravel;
(b) petroleum products as defined in New Brunswick Regulation 87-97 under the Clean Environment Act;
(b.1) furnaces, stoves, engines or other appliances or equipment that are powered by petroleum products as defined in New Brunswick Regulation 87-97 under the Clean Environment Act;
(c) radioactive or other hazardous waste identified as dangerous goods under the Transportation of Dangerous Goods Act (Canada);
(d) manure;
(e) a motorized vehicle, snowmobile, all-terrain vehicle or any part of such vehicle, except rubber tires;
(f) a snowblower.
2005-151
Special collections
11(1)Subject to section 10, this section applies to an item of garbage or refuse that is
(a) a freezer, refrigerator, dishwasher, stove, wall oven or microwave oven,
(b) a humidifier, dehumidifier, heat pump, water pump, water heater or television set,
(c) furniture that is not packaged in accordance with subsection 6(2), 7(3) or 8(2), and
(d) any other large typical household appliance or equipment.
11(2)The Minister shall ensure that a garbage and refuse collection and disposal service is provided for the items referred to in subsection (1) at least three times a year.
11(3)Nothing in this section prevents the service under subsection (2) from occurring on a regular basis on collection days.
11(4)No person shall dispose of more than three items referred to in subsection (1) at any time through a garbage and refuse collection service provided by the Minister.
2005-151
Where requirements not met
12A person who collects garbage and refuse for a garbage and refuse collection and disposal service that is provided by the Minister may refuse to accept an item for disposal if it is not packaged or placed for collection in accordance with this Regulation, or if it is being disposed of contrary to this Regulation.
Offences and penalties
13A person who violates or fail to comply with subsection 6(2), 7(3), 8(2), 9(1) or (3) or section 10 commits an offence and is liable on conviction to a fine of not less than seventy dollars and not more than two hundred dollars.
Commencement
14This Regulation comes into force on July 15, 2002.
N.B. This Regulation is consolidated to October 1, 2018.