Acts and Regulations

2018-72 - Solid Waste Collection and Disposal Services

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2018-72
under the
Local Governance Act
(O.C. 2018-266)
Filed July 24, 2018
Under subsection 191(1) of the Local Governance Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Solid Waste Collection and Disposal Services Regulation – Local Governance Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Local Governance Act. (Loi)
“collection day” means the day of the week on which solid waste is collected.(jour de collecte)
“curbside or roadside” means an area that(bordure ou bord du chemin)
(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.
“early learning and childcare home” means an early learning and childcare home as defined in the Licensing Regulation – Early Childhood Services Act. (garderie éducative en milieu familial)
“farm property” means a property where a person carries on an agricultural operation as defined in the Agricultural Operation Practices Act.(bien agricole)
“residential property” means a single or multiple unit family dwelling, and includes a special care home and an early learning and childcare home.(bien 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)
“solid waste” includes recyclable materials.(matières usées solides)
“special care home” means a community placement residential facility that is a home or residence, as defined in the Community Placement Residential Facilities Regulation under the Family Services Act.(foyer de soins spéciaux)
Application
3This Regulation applies with respect to the provision of solid waste collection and disposal services in a rural community or regional municipality that has not made a by-law authorizing those services under section 10 of the Act and in a rural district.
2021, c.44, s.45
Restriction of service
4(1)A solid waste 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)Despite any other provision of this Regulation, between the dates of November 1 and April 30, inclusive, the solid waste collection and disposal service provided by the Minister shall, for the purposes of solid waste placed for collection and disposal, be restricted to
(a) the roads maintained by the Province during that period, and
(b) the roads maintained by a rural community or regional municipality during that period, if the rural community or regional municipality, as the case may be, has enacted a by-law under section 10 of the Act with respect to the management and control of roads, streets and highways.
4(3)Despite subsections (1) and (2), a solid waste collection and disposal service under this section can be provided only if the properties are safely and easily accessible to the vehicle that is used for collecting the solid waste.
Collection requirements
5(1)On collection day, a person who disposes of solid waste through a solid waste collection and disposal service provided by the Minister shall place the solid waste at the curbside or roadside of the residential or farm property.
5(2)Despite subsection (1), a person may place solid waste at the curbside or roadside of a residential or farm property
(a) at any time, if the solid waste is completely enclosed in a wooden, metal or hard plastic container and the container complies with the solid waste management program in place in the rural community, regional municipality or rural district referred to in an order under subsection 106(6) or 176.41(2) of the Act, if applicable,
(b) the evening before the collection day, if the solid waste is packaged or bundled in accordance with the requirements specified by a Ministerial Order, if any.
5(3)A person who disposes of solid waste through a solid waste collection and disposal service provided by the Minister shall not leave, or permit to be left, solid waste at the curbside or roadside of a residential or farm property after the collection day, unless the solid waste is completely enclosed in a wooden, metal or hard plastic container.
5(4)Despite subsection (1), if solid waste is collected from a multiple unit family dwelling, special care home, early learning and childcare home or farm property, the solid waste may be placed for collection and disposal 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 solid waste.
2021, c.44, s.45
Prohibitions respecting disposal
6No person shall dispose of the following items through a solid waste collection and disposal service provided by the Minister:
(a) ashes, rocks, sand or gravel;
(b) petroleum products as defined in the Petroleum Product Storage and Handling Regulation under the Clean Environment Act;
(c) furnaces, stoves, engines or other appliances or equipment that are powered by petroleum products as defined in the Petroleum Product Storage and Handling Regulation under the Clean Environment Act;
(d) radioactive or other hazardous waste identified as dangerous goods under the Transportation of Dangerous Goods Act, 1992 (Canada);
(e) manure;
(f) motorized vehicles, snowmobiles, all-terrain vehicles or any part of such a vehicle or snowmobile;
(g) snowblowers;
(h) paint as defined in the Designated Materials Regulation under the Clean Environment Act;
(i) oil or glycol as those terms are defined in the Designated Materials Regulation under the Clean Environment Act;
(j) used oil filters, oil containers and glycol containers as those terms are defined in the Designated Materials Regulation under the Clean Environment Act;
(k) electronic products as defined in the Designated Materials Regulation under the Clean Environment Act; and
(l) tires as defined in the Designated Materials Regulation under the Clean Environment Act.
Special collections
7(1)Subject to section 6, the Minister shall ensure that a solid waste collection and disposal service is provided at least three times a year for the following items of solid waste:
(a) a freezer, refrigerator, dishwasher, stove, wall oven or microwave oven,
(b) a humidifier, dehumidifier, heat pump, water pump or water heater,
(c) furniture, unless the furniture is packaged or bundled in accordance with requirements prescribed in an order under subsection 106(6) or 176.41(2) of the Act, if applicable, and collected as part of the regular collection of solid waste, and
(d) any other large typical household appliance or equipment.
7(2)Nothing in this section prevents the service under subsection (1) from occurring on a regular basis on collection days.
7(3)No person shall dispose of more than three items referred to in subsection (1) at any time through a special collection provided by the Minister under this section.
2021, c.44, s.45
Sorting and packaging or bundling of solid waste
8A person to whom an order under subsection 106(6) or 176.41(2) of the Act is directed who disposes of solid waste through a solid waste collection and disposal service provided by the Minister shall ensure that all solid waste is sorted in accordance with and packaged or bundled in accordance with the order.
2021, c.44, s.45
Where requirements not met
9A person who collects solid waste for a solid waste collection and disposal service that is provided by the Minister may refuse to accept an item for disposal if it is not placed for collection and disposal in accordance with this Regulation or it is not sorted in accordance with or packaged or bundled in accordance with the requirements prescribed in an order under subsection 106(6) or 176.41(2) of the Act, if applicable.
2021, c.44, s.45
Offences and penalties
10A person who fails to comply with subsection 5(1) or (3) or section 6 or 8 commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
Commencement
11(1)Subject to subsection (2), this Regulation comes into force on October 1, 2018.
11(2)Paragraphs 6(k) and (l) come into force on January 1, 2019.
Repeal of Garbage Collection Regulation – Municipalities Act
12New Brunswick Regulation 2002-59 under the Municipalities Act is repealed.
N.B. This Regulation is consolidated to January 1, 2023.