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Organic waste collection has expanded throughout Quebec. In Montreal and several neighbouring municipalities, municipal by-laws make composting mandatory in multi-unit buildings, including divided co-ownerships. For a board of directors, this is a concrete operational project: organizing the bins, adapting the spaces, informing co-owners and avoiding statements of offence. (Information current as of 2026-08-15.)
In this article, we clarify your responsibilities, the risks of fines and the practical steps for introducing composting in a condo without friction. You will also find ways to incorporate these obligations into the by-laws of the immovable and the DCV, ensuring lasting application.
What the rules say in Quebec and Montreal
- Under the Cities and Towns Act (CTA) and the Municipal Powers Act (MPA), cities may adopt by-laws on residual materials management, including organic waste collection, and impose fines for infractions (see the CTA and MPA). These powers establish the basis for a city such as Montreal to require the installation and use of brown bins.
- In a divided co-ownership, the Civil Code of Quebec requires all co-owners to comply with the declaration of co-ownership (DCV) and the by-laws of the immovable. The syndicate, for its part, has the object of preserving the building, maintaining it and administering the common portions (see the Civil Code of Quebec, particularly articles 1039, 1063 and 1064). This includes organizing the management of waste and organic materials in the common portions.
- Practical consequence: if a municipal by-law requires your building to implement composting, the syndicate must comply. The board of directors must also ensure that occupants use the bins in accordance with local standards (frequency, instructions, placement, cleanliness and permitted equipment).
Useful references:
- LégisQuébec — Cities and Towns Act (C-19) (regulatory powers and fines)
- LégisQuébec — Municipal Powers Act (C-47.1) (residual materials management)
- LégisQuébec — Civil Code of Quebec (C.C.Q.) (rules governing divided co-ownership)
Board action plan: implement composting without friction
1) Assess your building
- Confirm whether your borough or municipality covers your building for organic waste collection and which arrangements apply (type and number of bins, collection days and permitted location).
- Make an inventory of available spaces: waste room, yards, truck access, elevators and manoeuvring areas.
- Identify constraints: potential nuisances (odours and vermin), operational risks (overflow and contamination) and maintenance requirements.
2) Determine capacity and equipment
- Calculate the required capacity based on the number of units, usage and collection frequency. Provide pre-collection bins (small brown bins) for common portions such as the mailroom or garbage chute, if permitted.
- Add equipment that minimizes nuisances: watertight containers, washable floors, grating, wall supports, clear signage and rinsing equipment.
3) Adapt the common portions
- Organize a safe route for the bins (exit, return, minimum clearance and doors with open grilles). Ensure adequate ventilation in the room and establish a washing routine.
- If minor work is required (light partition, floor drain or additional lighting), plan it in accordance with the applicable rules and, where necessary, by a board of directors resolution or annual general meeting resolution, depending on your DCV.
4) Establish rules in the by-laws of the immovable
- Draft or update an article on residual materials management: schedules, prohibitions (e.g., non-compostable bags), cleanliness after disposal and instructions for tenants and visitors.
- Provide for gradual internal measures in the event of non-compliance (notice, internal demands, chargeable cleaning fees, in accordance with the DCV and sound governance practices).
5) Train and communicate
- Communicate early and often: implementation notice, visual guide and seasonal reminder. Target all occupants, including tenants.
- Plan an information session (annual general meeting or information meeting) and record the decisions in the minutes. Install simple signage in the common portions.
6) Operate and improve
- Define who takes the bins out and brings them back in (caretaker, contractor or co-owner rotation) and how to report problems.
- Measure contamination during the first few weeks. Adjust the number of bins, signage and reminders based on the results.
Tip: document everything in your maintenance logbook / EUC (washing frequencies, products used and photos of the installations). This facilitates transitions and future audits.
For examples of operational processes and support, see our operations management and administrative management services. You can also browse the blog for other practical guides.
Fines, statements of offence and liability
Municipalities that make composting mandatory may verify compliance and issue statements of offence when there is a discrepancy. Without detailing every case specific to each city, keep the following principles in mind:
- Who may be targeted? The syndicate, as the legal person responsible for the common portions, may receive a statement of offence if the building does not comply with a municipal by-law (missing or improperly positioned bins or recurring overflows). An occupant may also be targeted if the infraction is specific to that person (prohibited disposal, obstruction or non-compliant bags).
- Progression and repetition: Municipal by-laws often provide for progressive fines that are higher in the event of a repeat offence, as well as continuing infractions that may be counted by the day. Check the text applicable to your borough.
- Evidence and defences: Well-documented practices (signage, communications, board of directors minutes, photos of installations and maintenance contracts) help demonstrate the syndicate’s due diligence.
- Internal allocation of costs: If the syndicate pays a fine related to a proven individual fault, your DCV and the by-laws of the immovable may provide for charging the costs back to the responsible co-owner, subject to the rules of the Civil Code of Quebec and the procedures adopted.
Advice: keep a record of interventions (notices sent, cleaning, collection dates and inspection visits). This traceability reduces the risk of repeat offences and supports your representations if a challenge becomes necessary.
Building constraints: practical solutions that work
No space for a large brown bin? Odours in the waste room? Here are some options suited to urban divided co-ownerships:
- Micro-bins on each floor: Place small watertight bins at strategic points and empty them into the wheeled bins the day before collection.
- Contain odours: Keep lids closed, use certified compostable bags where permitted, clean the bins on a fixed schedule, and install a drain and rinsing hose.
- Keep traffic flowing: Reduce the number of steps, clear the corridors and plan for a dedicated cart to prevent spills.
- Visual education: Post “yes/no” photo signs near the bins, send seasonal reminders by email and include short tips in the syndicate newsletter.
- External service: When internal logistics are limited, a supplier can take responsibility for putting the bins out and bringing them back in, as well as periodic washing. Set everything out in a contract and monitor performance.
Integrate these elements into your EUC and preventive maintenance schedule. Regular maintenance of the bins and room reduces vermin, odours and complaints.
Governance: integrate composting into the DCV and by-laws
To ensure sustainability and fairness, align your municipal obligations with your co-ownership documents:
- By-laws of the immovable: Clearly set out usage instructions, schedules, authorized bins and measures for non-compliance. Everything must comply with the DCV and the Civil Code of Quebec (see article 1063 and following articles).
- Annual general meeting and minutes: If necessary, adopt a resolution at the annual general meeting to approve organic materials management policies. Attach the instructions to the minutes and update them on the intranet or signage.
- Budget and common expenses: Include recurring costs (washing, signage, supplies and bin replacements) in your annual budget. Contributions are made through common expenses/assessments according to relative value (see article 1064 of the Civil Code of Quebec).
- Contracts: Set out the tasks (putting bins out and bringing them back in, cleaning and accessibility) in caretaker or maintenance contracts. Add simple performance indicators.
A structured approach limits discrepancies, reduces fines and improves occupant buy-in.
FAQ — Composting in a divided co-ownership
Q1. Do we have to provide a countertop bin for every unit?
– No, this is not a typical municipal obligation. However, providing or recommending countertop bins encourages adoption and reduces contamination. The board of directors may purchase them in bulk and resell them at cost, if the DCV permits.
Q2. Who pays for the bins, alterations and washing?
– Expenses related to the common portions are covered by common expenses/assessments, budgeted by the board of directors and approved according to your usual practices. If accessories are provided to units, specify the chargeback process in the by-laws and record the decision in the minutes.
Q3. What should we do if a co-owner refuses to compost or systematically contaminates the bins?
– First remind the person of the instructions, then apply the gradual measures provided for in your by-laws (notice and cleaning fees). In the event of persistent resistance, a formal demand may be necessary. Everything must comply with the DCV and the Civil Code of Quebec; document every step.
Q4. Can cameras be installed near the bins?
– Cameras in common portions are possible under certain conditions (legitimate purpose, signage and proportionality). Confirm compliance with your DCV and the applicable regulations before installing anything, and record the decision in the minutes.
Sources and references:
- LégisQuébec — Cities and Towns Act (C-19)
- LégisQuébec — Municipal Powers Act (C-47.1)
- LégisQuébec — Civil Code of Quebec (C.C.Q.)
- RGCQ — Resources and good practices in co-ownership
This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.
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