City of Toronto Condominiums
Facing Waste Collection Offences
Condominium Property Management companies and Condominium Corporations must adhere to the Toronto Municipal Code, Chapter 844, Waste Collection, Residential properties.
The related fines for non compliance to the Toronto Municipal Code could hit a Condo Owners fees very hard should their Corporations receive an offence notice. There is also an infraction under the Environmental Protection Act - see below.
There is an option for Multi-Residential Opting Out of Solid Waste Management Collection by the City. The City of Toronto provides an all-or-nothing waste collection program. If your Condo building chooses to opt out of the City garbage collection, it will not be eligible for City collection of any of the other materials including Green Bin organics, Household Hazardous Waste, Electronics, Blue Bin recycling or any oversized appliances furniture or other items. These items are collected free of charge through the City of Toronto collection service within a decent time frame.
Private Garbage and Waste Collection Pitfalls
It is vital for all Condominium Board of Directors to estimate the full cost of managing all of the above when they consider a private sector quotation because these extra pick-ups and disposal will increase their overall contract. Private services may be considerably more expensive than City of Toronto collection services so to keep costs down Condo Corporations may reduce the number of collection days, decrease sanitation requirements to keep the area pest and insect free and cause a general unrest amongst Condo Owners who are living with the ugliness and stench of excessive waste, debris and excessive recycling content overflowing in bins. This situation can cause a negative market view and potentially hampering condo unit and building values if the waste is not removed effectively and professionally.The Condo Corporation must ensure that their private recycling programs operate in accordance with the Ontario Regulation 103/94 legislation under the Environmental Protection Act, R.S.O. c.E.19 as strictly enforced by the Ministry of Environment, Conservation and Parks.
Condo Owners can drop off their own waste, including household hazardous waste at the City of Toronto Drop-Off Depot subject to the fees and rules in place at the depot.
Condominium Corporation and Condominium Property Management Fines and Offences
There have been instances where a certificate of offence was issued against a Management company rather than the Condominium Corporation. It is common for City Inspectors take photos during their inspections of waste bins in condominium garbage rooms. The Municipal code has a unique definition of Owner which includes tenant, occupant, owner, lessee or anyone who may be in charge of the residential property located in the City of Toronto. The grey area is who is in charge of the Condominium common area whether the garbage room or the exterior area where the bins are located. City Inspectors have the right to enter the land so the exterior bins are open and available to be tagged with a certificate of offence but the interior garbage rooms are not.The convictions of an offence on Condo Corporations have maximum penalties
1) $50,000 for the first offence
2) $100,000 for any subsequent offences
Condominium Corporations who contract the City of Toronto for waste removal services have strict guidelines. They are highly respected under the Environmental Protection Act, R.S.O. c.E. 19 in accordance with the Ontario Regulation 103/94 legislation. Private companies still have to respect and abide by Provincial Legislation outlined below.
A Direct quote of the Powers and duties of Minister of Environment, Conservation and Parks
Enforcement of this Act on Section 4 (1)
(a) investigate problems of pollution, waste management, waste disposal, litter management and litter disposal;
(b) conduct research related to contaminants, pollution, waste management, waste disposal, litter management and litter disposal;
(c) conduct studies of the quality of the natural environment, meteorological studies, and monitoring programs;
(d) conduct studies of environmental planning designed to lead to the wise use of the natural environment;
(e) convene conferences and conduct seminars and educational and training programs relating to contaminants, pollution, waste and litter;
(f) gather, publish and disseminate information relating to contaminants, pollution, waste and litter;
(g) make grants and loans in such amounts and upon such terms as the Minister considers advisable for,
(i) research and training in relation to contaminants, pollution, waste, litter and the reduction of waste and the reuse and recycling of materials that are or could become waste,
(ii) planning, operating, developing, improving and enlarging waste management systems, waste disposal sites and programs to encourage the reduction of waste or the reuse or recycling of materials that are or could become waste, and
(iii) discontinuing waste management systems or reduction, reuse or recycling programs or closing waste disposal sites;
(h) establish and operate demonstration and experimental sewage systems under Part VIII, waste management systems, waste disposal sites and programs concerning the reduction of waste or the reuse or recycling of materials that are or could become waste;