Toronto Curbside Garbage and Recycling: Bin Sizes, Set-Out Times and What Can Get You in Trouble
Toronto’s Chapter 844 puts its curbside duties on the “owner”, and the by-law’s definition of that word reaches tenants as well as titleholders.
Who has to follow Toronto’s curbside garbage rules, and what do those rules say about bins and timing?
Chapter 844 places its duties on the owner, which §844-1 defines as “an owner, occupant, lessee, tenant or any other person in charge or in control of a residential property in the City.” A tenant is inside that definition.
The City issues garbage and recycling bins in four sizes: small (about 75 L), medium (about 120 L), large (about 240 L) and extra-large (about 360 L) (§844-15H). Each has a gross weight cap of 30, 50, 100 or 150 kg, and the lid has to close (§844-16E).
On daytime collection routes, material goes out no earlier than 8:00 p.m. the day before and no later than 7:00 a.m. on collection day, and the empty bins come back in by 10:00 p.m. that day (§844-17A).
Source: City of Toronto Municipal Code, Chapter 844, Waste Collection, Residential Properties, §§844-1, 844-15, 844-16, 844-17 (consolidation dated February 11, 2025)
I’m Arthur Zhao, a real estate broker in Toronto. When Toronto’s residential waste by-law, Municipal Code Chapter 844, says “owner”, it does not mean only the person on title. Its definition section includes the occupant, lessee and tenant, along with anyone else in charge or in control of the property.
That changes how the rest of the chapter reads. The rules about which bin you have, how full it can be, when it goes to the curb and when it comes back are aimed at whoever lives in and controls the home, whether they bought it or rent it.
So this piece starts with who the chapter reaches. Then it covers the bins, the conditions for setting material out, the timing for daytime and night-time collection, and finally what the City can do when the rules are not followed.
Who the chapter reaches
According to the City of Toronto Municipal Code, Chapter 844 (consolidation dated February 11, 2025), an owner is “an owner, occupant, lessee, tenant or any other person in charge or in control of a residential property in the City” (§844-1).
Nearly every duty in the chapter is written as “no owner shall” or “an owner shall”. Read with that definition, the duties to choose bins, keep them in good condition, set material out properly and bring empty bins back in can apply to the person on title, the person living in the home, or both.
The prohibitions in §844-23 go further still. They begin with “No person shall”, so they are not limited to owners, occupants or tenants at all.
Bins: sizes and weight caps
Under §844-15A, the City provides garbage and recycling bins to residential properties that receive curbside collection. The by-law sets out four sizes (§844-15H):
- Small: approximately 75 litres
- Medium: approximately 120 litres
- Large: approximately 240 litres
- Extra-large: approximately 360 litres
Who picks what:
- Garbage bins: the owner may choose the size and quantity. If no choice is made, the General Manager of Solid Waste Management Services selects a default (§844-15B).
- Recycling bins, one or two dwelling units: the property gets only one recycling bin, and the owner may choose its size (§844-15C and D).
- Recycling bins, three to eight dwelling units: the owner may choose size and quantity (§844-15E). Any owner may ask for additional recycling bins, and the General Manager decides (§844-15F and G).
Each bin also has a weight cap. §844-16E says an owner shall not fill a garbage or recycling bin to a gross weight above 30 kg (small), 50 kg (medium), 100 kg (large) or 150 kg (extra-large), or to the point where the lid does not close.
You can exchange a bin for a different size by asking the Division and paying the bin exchange fee in Chapter 441, Fees and Charges (§844-15O). I have not verified that fee amount, so it is not stated here. Under §844-15P, multi-residential curbside properties cannot exchange extra-large bins for a smaller size.
Set-out conditions
§844-16A lists six conditions. Garbage, recycling, organics and yard waste may only be set out if they are:
- generated on the property that abuts the approved collection point;
- placed as close as possible to the edge of the roadway without obstructing the roadway or sidewalk;
- free from contamination;
- in the appropriate container, which must be clean, well maintained, in good working order and filled no higher than its sides;
- accessible and not hidden from view; and
- free from tie downs.
Two further limits sit next to that list. Under §844-16B, no owner may set out any item heavier than 20 kilograms, whether it is a bundle, loose or inside a container, and the City is not obliged to collect it. Items covered by special collection services are carved out of that rule. §844-16C also exempts the containers described in §§844-10B, 844-11B and 844-13B, which belong to multi-residential front-end collection, not the curbside bins. Under §844-16D, the space your set-out material takes up on the sidewalk or street cannot exceed your property’s frontage.
Timing: daytime and night-time collection
The chapter has two collection periods, and the set-out window depends on which one serves your street.
Daytime collection runs from 7:00 a.m. to 6:00 p.m. on the collection day (§844-1). For these routes, §844-17A requires material to be at the collection point no earlier than 8:00 p.m. the day before and no later than 7:00 a.m. on collection day. Empty containers and anything left uncollected must be removed by 10:00 p.m. that day.
Night-time collection runs from 9:00 p.m. on a specified day to 7:00 a.m. the next day (§844-1). For these routes, §844-17B requires material to go out between 6:00 p.m. and 9:00 p.m. on the first day of the period, and empty containers must be removed by 7:00 a.m. on the second day.
Outside those windows, §844-17C says waste must be stored on the premises and contained so that it is protected from rodents, vermin and pests. §844-17D also sets a pace: owners must make best efforts to set out material on every collection day, and in no case may an owner fail to set out an eligible item for more than one collection period.
What’s prohibited
§844-23 is a list of things no person may do. The items that matter at a residential curb are:
- place or leave waste on the street abutting the property you own or occupy, except as the chapter allows (A);
- throw or deposit waste on any street or other public property, or let a contractor or employee do so (B);
- pick over, disturb, remove or scatter waste that has been set out, unless the General Manager authorizes it (C);
- let an animal in your care disturb or scatter set-out waste (D);
- put waste generated on private property into public street receptacles (F);
- set out waste that is not in an appropriate regulation container (G); and
- set out waste in a container that is not in good working order (H).
Item C means going through a neighbour’s set-out recycling is itself a contravention, not only a nuisance.
The bin belongs to the City
§844-15I is one line: the garbage and recycling bins remain the property of the City at all times. Several duties flow from that:
- The owner the bins were issued to must keep them in good condition, not noxious, offensive or dangerous to public health (§844-15J).
- The owner must return either bin, or both, to the City on request (§844-15K).
- A damaged bin can be repaired at no cost to the owner on request to the Division (§844-15L).
- A lost or stolen bin has to be reported so the Division can issue a new one (§844-15M), and the owner pays the replacement fee in Chapter 441 (§844-15N). I have not verified that amount.
For garbage, if the City bin has been lost or is otherwise inoperable, §844-10A(3) lists what to use instead: a plastic bag of about 66 cm by 90 cm that can support 20 kg when lifted, with a garbage tag under §844-32 attached; a City authorized bag; or another container the City provides or the General Manager designates.
⚠️Selling the house? §844-15I says the bins stay City property at all times, so they are not yours to sell or take with you. Chapter 844 does not directly say what happens to the bins when a property changes hands. If you want certainty for a sale, ask the City’s Solid Waste Management Services Division before closing rather than assuming either way.
Enforcement
According to §844-25A of Chapter 844, anyone who breaks a §844-23 prohibition or any other provision of the chapter commits an offence. On conviction:
- An individual is liable to a fine of not more than $10,000 for a first offence and not more than $25,000 for any subsequent offence.
- A corporation faces maximums of $50,000 for a first offence and $100,000 for any subsequent offence.
- The person can also have any or all of the chapter’s services discontinued until they show the General Manager they comply (§844-25A(2)).
If service is discontinued, §844-25B requires the owner to hire private collection for that period, at the same or greater frequency as the City service it replaces.
Separately, §844-24 covers written notices. If a notice of non-compliance requires something to be done within a set time and it is not done, the work may be done at the person’s expense, and that expense may be recovered in like manner as municipal taxes. Under §844-25.1, a City officer may also enter land at any reasonable time to inspect for compliance with the chapter.
ℹ️Editor’s notes in Chapter 844 state that set fine approval for the chapter under the Provincial Offences Act was received on February 1, 2010. Set fines are fixed ticket amounts, separate from the court maximums above. I have not verified the current set fine amounts, so none are stated in this article.
💡 My view: because Chapter 844’s definition of “owner” covers the landlord and the tenant at the same time, the by-law itself does not settle which of the two wheels the bin to the curb. Both can be an “owner” for the City’s purposes. If that split matters to you, the only place it can be settled is the lease, and only if the lease actually says it.
Landlord and tenant: what the by-law says vs. what the lease decides
Checklist before your next collection day
- ☐Check which of the four sizes you have against the 30 / 50 / 100 / 150 kg caps in §844-16E.
- ☐Request a free repair from the Division if the bin is damaged (§844-15L).
- ☐Report a lost or stolen bin so a new one is issued (§844-15M).
- ☐Keep the bin clean and in good working order (§844-15J, §844-16A).
- ☐Confirm whether your street is on daytime or night-time collection, since the windows in §844-17A and B differ.
- ☐Close the lid and leave nothing heavier than 20 kg out as a single item (§844-16B, §844-16E).
- ☐Place bins near the roadway edge without blocking the road or sidewalk, within your frontage (§844-16A, D).
- ☐Bring empty bins back in by the deadline for your collection period (§844-17A(2) or B(2)).
- ☐Read the lease for any clause that assigns garbage and recycling duties.
- ☐Raise the question with the other party in writing if the lease says nothing.
- ☐Forward any City notice of non-compliance to the other party promptly, given the deadline in §844-24.
Toronto’s Noise Bylaw for Homeowners: Renovation Hours, AC Units, Parties, and How a Complaint Actually Works →Residential Property Anti-Flipping Rule →Parent on Title to Help You Qualify: Do You Have to File CRA’s T3 and Schedule 15? →First-Time Renter Guide →
Frequently Asked Questions
Can I skip a few weeks and put everything out at once?
Not under Chapter 844. §844-17D requires owners to make best efforts to set out material on every collection day, and says an owner may in no case fail to set out an eligible item for more than one collection period. Between collections, §844-17C requires waste to be stored on the premises and protected from rodents and pests.
How does the timing work if my street has night-time collection?
Under §844-1, the night-time collection period runs from 9:00 p.m. on a specified day to 7:00 a.m. the next day. §844-17B requires material to go out between 6:00 p.m. and 9:00 p.m. on the first day, and empty containers must be removed by 7:00 a.m. on the second day.
When I sell my house, do the garbage and recycling bins stay with it?
Chapter 844 does not directly say. What it does say is that the bins remain City property at all times (§844-15I) and must be returned to the City on request (§844-15K), so they are not part of what a seller owns. If you want a definite answer for your closing, ask the City’s Solid Waste Management Services Division.
Besides a fine, what else can the City do if the rules are broken?
Under §844-25A(2), the City can discontinue any or all of the chapter’s collection services until the person shows they comply, and §844-25B then requires the owner to pay for private collection at the same or greater frequency. Under §844-24, if a written notice of non-compliance is ignored, the work can be done at the person’s expense and recovered in like manner as municipal taxes.
Can I switch to a bigger or smaller garbage bin?
Yes. §844-15O lets an owner exchange a bin for a different size by asking the City’s Solid Waste Management Services Division and paying the bin exchange fee in Chapter 441 (amount not verified here). The four sizes run from about 75 litres to about 360 litres (§844-15H). Multi-residential curbside properties cannot trade an extra-large bin for a smaller one (§844-15P).
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