Illegal Dumping

The act of illegal dumping is not included in the Criminal Code though most municipalities levy fines to those convicted of this crime. Illegal dumping is generally done by those looking to avoid the fees associated with disposing of unwanted items and waste material legally, and is often carried out at night to avoid detection.

The definition of illegal dumping varies by municipality but it commonly involves:

• dumping waste or construction material on public or private property;
• pouring liquid waste into sewers or waterways;
• leaving bulky items such as couches along the roadside or in parks;
• placing household waste in public waste bins in a park or on a street; or
• putting waste in private garbage dumpsters.

Illegal dumping may be dealt with under environmental laws, municipal bylaws, or waste-management rules. Penalties can vary widely depending on the material, location, amount, environmental risk, and whether the person or business has previous violations.

These are not Criminal Code offences. Penalties vary by province, territory, municipality, and sometimes by bylaw or set-fine schedule.

Illegal dumping is not a Criminal Code offence — it is dealt with under provincial environmental statutes and municipal bylaws. In Ontario, depositing waste is prohibited by s. 40 of the Environmental Protection Act, and every day or part of a day a violation continues counts separately: general offences carry fines of up to $50,000 per day for an individual on a first conviction (up to $100,000 per day, up to a year of imprisonment, or both, on subsequent convictions) and up to $250,000 to $500,000 per day for corporations (ss. 186, 187(1)-(2)). Where hauled liquid industrial or hazardous waste is involved, enhanced tiers with minimum fines apply: for corporations, $25,000 to $6,000,000 per day on a first conviction, rising to $10,000,000 on subsequent convictions; for individuals, $5,000 to $4,000,000 per day rising to $6,000,000, imprisonment for up to five years less one day, or both (ss. 187(3)-(5)). Municipal anti-dumping bylaws with set fines apply on top.