National Parks of Canada Garbage Regulations (SOR/80-217)

1 [Repealed, SOR/2001-449, s. 2]

Interpretation

2 In these Regulations,

approved enclosure

approved enclosure means an enclosure for the storage of containers between collection times that has been approved by the superintendent in accordance with section 2.2; (enceinte approuvée)

business

business includes any trade, industry, employment or activity carried on for gain or profit in a Park; (entreprise)

collection

collection means the removal of garbage from a premises to a disposal location whether such removal is effected by the superintendent or a contractor under public or private contract, or an owner; (enlèvement)

container

container means a type of garbage container listed in Schedule I that has been designated by the superintendent of a park as being acceptable for use in that park or at specific locations in that park; (contenant)

garbage

garbage means any kind of waste including

• (a) animal and agricultural wastes, being manures, crop residues, animal offal such as carcass waste and entrails and other materials obtained from agricultural pursuits, stables, kennels, veterinary establishments and other such premises,

• (b) bulky wastes, being large items of refuse including appliances, furniture, vehicle parts under 35 kg, large containers and tree cuttings not exceeding 1 m in length or 10 cm in diameter, in bundles not exceeding 35 kg,

• (c) construction and demolition wastes, being waste building materials and rubble resulting from construction, repair, remodelling or demolition activities,

• (d) liquid waste, being waste materials or substances that have sufficient moisture or other liquid contents to be free flowing but that are not suitable for disposal through a sewer system,

• (e) rubbish, being

  • (i) combustibles, consisting of burnable materials such as paper, rags, cartons, boxes, wood excelsior, bedding, rubber, leather and plastics, and

  • (ii) non-combustibles, consisting of materials that are not burnable such as metal objects and containers, ceramics, metal foils and glass,

• (f) solid wastes, being the useless, unwanted or discarded solid waste materials resulting from normal human activities including semi-liquid or wet wastes with insufficient liquid content to be free flowing,

• (g) special wastes, being

  • (i) hazardous wastes, consisting of any waste that may present a hazard to persons, flora, fauna or public lands, including wastes of a pathological, an explosive, a highly flammable, a radioactive or a toxic nature,

  • (ii) sanitary wastes, consisting of any putrescible waste that is capable of producing conditions that may present a hazard to health,

  • (iii) natural waste, consisting of tree stumps, soil, sand and stone, and

  • (iv) other special wastes, consisting of materials so classified by the superintendent,

• (h) trade waste, being petroleum products, scrap metal, machinery and vehicles and parts thereof, and

• (i) yard rubbish, being prunings, grass clippings, weeds, leaves, and general garden wastes, other than solid wastes; (ordures)

lot volume value

lot volume value, in respect of a lot, means the result obtained by multiplying the aggregate of the volume values for the units on the lot by the number of months of occupancy permitted under the lease, permit or licence of occupation for that lot divided by 12; (valeur volumétrique du lot)

owner

owner means an individual, syndicate, association, corporation, company, club or organization in charge of, or responsible for, a residence or for the operation of any accommodation, activity, business, entertainment, church, hospital, school, university or other facility within a park, and includes an employee, manager, lessee, transferee or partner of such an individual, syndicate, association, corporation, company, club or organization; (propriétaire)

park

park[Repealed, SOR/96-170, s. 1]

season

season means, in respect of a park in which garbage is not collected throughout the year, the period in the year during which garbage is collected; (saison)

street

street means that portion of any throughfare, road, lane, avenue, parkway, viaduct, alley, square, bridge, causeway, trestleway or other place, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of motor vehicles but does not include sidewalks, ditches or rights-of-way adjacent to a roadway; (rue)

Superintendent

Superintendent[Repealed, SOR/92-440, s. 1]

total operating and maintenance costs

total operating and maintenance costs means the annual operating and maintenance costs incurred in respect of a park to collect and dispose of garbage generated by owners of lots in the park; (coût total de fonctionnement et d’entretien)

total volume value

total volume value, in respect of a park or service area, means the aggregate of the lot volume values for all lots in that park or service area that receive garbage collection and disposal services; (valeur volumétrique totale)

unit

unit means a building, or a portion of a building, in a park that is designated as a unit by a council or committee of residents of the park and representatives of Parks Canada; (unité)

unit of garbage

unit of garbage, in respect of a service area, means the amount of garbage held by one self-dumping garbage container of the type used in that service area; (unité d’ordures)

volume value

volume value means the numerical value assigned to a unit in a park, determined by comparing the estimated volume of garbage that the unit will generate annually to that generated by a building that has been established as the benchmark of one volume value for that park; (valeur volumétrique)

year

year means the period commencing on the first day of April in any year and ending on the thirty-first day of March in the year next following. (année)

Application

• 2.1 (1) Subject to subsection (2), these Regulations apply to parks and, subject to sections 40 and 41 of the Canada National Parks Act, to park reserves as if they were parks.

• (2) These Regulations do not apply in the Town of Banff or in the Town of Jasper.

Approval of Enclosure

2.2 The superintendent shall approve an enclosure for the storage of containers if the enclosure is designed and constructed to prevent access to the garbage in the containers by domestic animals and wildlife.

Collection of Garbage

3 The superintendent may provide for the collection of garbage by a garbage collector in such portions of a park and at such times as he deems advisable.

Duties of an Owner

4 Every owner shall

• (a) provide and maintain in a serviceable and sanitary condition a sufficient number of containers to hold all garbage accumulated on his premises at any time;

• (b) subject to paragraphs (h), (i) and (k), ensure that all garbage is placed, and remains, in containers that are of a type set out in Column I of an item of Schedule I and that meet the specifications set out in Column II of that item;

• (c) drain and wrap all wet garbage before placing it in a container;

• (d) ensure that containers are set out for collection at such places and such times and in such manner as the superintendent may designate;

• (e) remove all containers from their designated collection location on any street within such period as may be specified by the superintendent;

• (f) ensure that all rigid metal containers and disposable plastic bag type containers are securely closed when set out for collection;

• (g) between collection times, store garbage

  • (i) in Banff National Park of Canada, Glacier National Park of Canada, Jasper National Park of Canada, Kootenay National Park of Canada, Mount Revelstoke National Park of Canada and Yoho National Park of Canada, in self-dumping garbage containers that meet the specifications set out in column II of item 4 of Schedule I, and

  • (ii) in any other park, in an approved enclosure or in steel refuse containers that meet the specifications set out in column II of item 2 of Schedule I;

• (h) securely tie in bundles any combustible rubbish set out for collection in accordance with any instructions of the superintendent;

• (i) prepare yard rubbish for collection in accordance with any instructions of the superintendent;

• (j) extinguish all ashes or coals before setting them out for collection;

• (k) ensure that bulky wastes are not set out for collection except at such times as may be determined by the superintendent;

• (l) ensure that liquid wastes, trade wastes, special wastes, animal and agricultural wastes, and construction and demolition wastes are not set out for collection by the superintendent; and

• (m) keep the street, sidewalk and boulevard abutting, in front of, flanking and at the rear of the owner’s premises, free of garbage.

Solid Wastes or Liquid Wastes

• 5 (1) The superintendent may post a sign at the entrance to a garbage disposal area or facility requiring a permit to deliver any solid or liquid wastes to that disposal area or facility.

• (2) Where the superintendent has posted a sign at the entrance to a garbage disposal area or facility pursuant to subsection (1), no person shall deliver solid or liquid wastes to that disposal area or facility without first obtaining a permit from the superintendent.

• (3) Every person in possession of a permit issued pursuant to subsection (2) shall show such permit at the request of the superintendent or the person in charge of the disposal area or facility.

Escape of Garbage from Vehicles

• 6 (1) No person shall convey or cause to be conveyed any garbage in a vehicle that is not properly constructed and covered so as to prevent the contents thereof from escaping.

• (2) In the event of an escape of garbage from any vehicle the owner of the vehicle shall be responsible for the immediate clean-up.

General

• 7 (1) Subject to subsection (2), no person shall deposit any yard rubbish on a sidewalk or a street.

• (2) Where the superintendent has made an arrangement for the collection of yard rubbish on a sidewalk or a street on a day specified by the superintendent, a person may deposit yard rubbish on that sidewalk or street on that day if the yard rubbish does not impede pedestrian or vehicular traffic.

8 No person shall discard or dispose of or deposit garbage anywhere in a park except in such places and at such times and under such conditions as the superintendent may authorize.

• 9 (1) Subject to subsection (2), no owner shall accumulate or allow to accumulate any garbage on his premises.

• (2) Where, on application to the superintendent, an owner has been issued a permit to accumulate trade waste, he may, in accordance with the permit, accumulate trade waste on his premises for the purposes of sale or recycling.

• (3) The permit referred to in subsection (2) shall specify

  • (a) the nature and type of trade waste that may be accumulated;

  • (b) the location and manner in which the trade waste is to be accumulated; and

  • (c) the manner in which trade waste is to be removed.

• (4) No permit to accumulate trade waste shall be issued where the superintendent has reasonable grounds to believe that the accumulation of trade waste could adversely affect

  • (a) the appearance, natural resources or amenity of the park or of any community within the park; or

  • (b) the enjoyment, safety or comfort of residents or visitors to the park.

Fees

10 Every owner of a lot of a type set out in column I of an item of Schedule II for which garbage collection and disposal services are provided shall pay the charge set out in column II of that item.

11 Every owner of an establishment, in a park referred to in Schedule III, of a class set out in column I of an item of that Schedule to whom garbage collection and disposal services are provided or who delivers or disposes of solid or liquid wastes in a park garbage disposal area or facility shall

• (a) where the service is provided or the disposal is made throughout the year, pay the charge set out in column II of that item; and

• (b) where the service is provided or the disposal is made in certain seasons only, pay the charge set out in column III of that item.

• 12 (1) Every owner of a lot located in Banff National Park of Canada, Yoho National Park of Canada or Waterton Lakes National Park of Canada shall pay the garbage collection and disposal charge determined by the formula

  A × B/12 × C/D

  where

  A

  is the aggregate of the volume values of the units on the lot,

  B

  is the number of months in the year during which the owner is permitted to occupy the lot under the lease, permit or licence of occupation for that lot,

  C

  is the total operating and maintenance cost incurred in respect of the park, and

  D

  is the total volume value for the park.

• (2) For each park referred to in subsection (1), the total cost incurred to collect and dispose of garbage generated by owners of lots in the park, the lot volume value for each lot in the park and the total volume value for the park shall be calculated on March 31, 1996 and on that date in every subsequent year.

• 13 (1) Subject to subsection (5), every owner of a lot in Prince Albert National Park of Canada, other than owners of lots in the central business district service area, shall pay the garbage collection and disposal charge determined by the formula

  (A × B × C) / D

  where

  A

  is the total number of units of garbage generated annually by the service area in which the lot is located,

  B

  is the cost to collect and dispose of one unit of garbage in that service area,

  C

  is the number of units on the lot, and

  D

  is the total number of units in the service area.

• (2) The cost, per unit of garbage, to provide garbage collection and disposal services in Prince Albert National Park and the total number of units in each service area in the park shall be calculated on March 31, 1996 and on that date in every subsequent year.

• (3) Subject to subsection (5), every owner of a lot in the central business district service area in Prince Albert National Park shall pay the garbage collection and disposal charge determined by the formula

  A × B × C/12 × D/E

  where

  A

  is the total number of units of garbage generated annually by that service area,

  B

  is the cost to collect and dispose of one unit of garbage in that service area,

  C

  is the number of months of the year during which the owner is permitted to occupy the lot under the lease, permit or licence of occupation for that lot,

  D

  is the aggregate of the volume values of the units on that lot, and

  E

  is the total volume value for that service area.

• (4) The cost, per unit of garbage, to provide garbage collection and disposal services in Prince Albert National Park, the lot volume value for each lot in the park and the total volume value for the central business district service area shall be calculated on March 31, 1996 and on that date in every subsequent year.

• (5) [Repealed, SOR/99-297, s. 1]