Is It Illegal to Dumpster Dive in Canada?

Are you wondering, is it illegal to dumpster diving in Canada?

The answer might surprise you.

Dumpster diving is a growing trend, embraced by people looking to cut costs, reduce waste, or simply find unexpected treasures. But before you start diving into dumpsters, it’s important to understand the laws surrounding it.

This informative guide will take you through everything you need to know—from legalities across different provinces to tips on staying safe and responsible while diving.

Dumpster diving in Canada operates in a legal gray area. The act itself is not explicitly illegal; however, its legality largely depends on the location of the dumpster. The critical distinction lies between public and private property.

Diving into dumpsters that are on public property is often permissible, whereas accessing a dumpster on private property could be considered trespassing. Understanding the nuances of these rules is crucial if you want to avoid legal trouble.

Dumpster diving on public property is generally allowed. If the dumpster is placed in an area accessible to the public—like an alleyway—there is usually no law preventing you from taking items.

The Trespass to Property Act, R.S.O. 1990, c. T.21 is a relevant legislation in Ontario, which outlines where trespassing applies, including accessing areas that are explicitly restricted. You can read more about the Act on the official Ontario Government site: Ontario Trespass to Property Act.

If a dumpster is located on private premises, such as behind a fence or within a gated area, you may be trespassing if you enter without permission. Trespassing can lead to legal consequences, and property owners are well within their rights to enforce these rules.

For Quebec, the Civil Code of Quebec, Article 951, defines property rights, and unauthorized entry can be subject to fines. You can find more information at the official Quebec Government site: Civil Code of Quebec.

The Supreme Court of Canada provided clarity on dumpster diving in the R v Patrick, 2009 SCC 17 case. In this landmark ruling, the court decided that items discarded in public spaces do not carry a reasonable expectation of privacy.

This means that individuals, including police officers or dumpster divers, can legally examine and collect items placed in dumpsters if they are accessible from a public space.

This precedent came about after police searched Patrick’s garbage, which was located outside his home, and discovered drug-making paraphernalia. Patrick challenged the search under Section 8 of the Charter, claiming that the police violated his right to privacy.

However, the Supreme Court ruled that by discarding items in a public space, Patrick had effectively abandoned them, thereby forfeiting any privacy rights.

As a result, the police were within their rights to inspect the garbage without a warrant. This ruling is crucial for understanding why dumpster diving in public spaces is generally permissible, while diving on private property without permission is not.

In Ottawa, dumpster diving comes with additional challenges. The city has been known to enforce bylaws that prohibit scavenging recyclables.

A notable case involved Marcel Foucault, a homeless recycler who was warned by city bylaw officers that he could face fines ranging from $150 to $10,000 if caught taking bottles from curbside garbage and recycling bins again.

Foucault, who makes about $3,000 a year from collecting bottles, was reprimanded after being stopped at a Beer Store on Rideau Street.
He had collected bottles to return for the deposit refund.

According to Anne-Marie Fowler, the manager of the city’s solid waste division, the bylaw aims to keep the city “neat and tidy” and minimize hazards such as broken glass. Fowler also mentioned that the city profits from recycling, earning about $8 million annually, which is why they discourage scavenging.

However, the bylaw is rarely enforced, and many people still leave their bottles out intentionally for recyclers like Foucault.

Foucault’s friend, Jo-Ann Oosterman, criticized the bylaw, saying it marginalizes an already vulnerable population. She highlighted that Foucault sees his work as contributing to the community by ensuring bottles are returned rather than wasted. Many residents also support recyclers by leaving bottles out for them to collect.

In a more recent account, another resident—a disabled veteran who collects empty liquor bottles to supplement his income—was also warned by Ottawa bylaw officers.

He was threatened with a $300 fine for scavenging. The veteran pointed out that, while scrappers (those collecting metal items) seem to be left alone, those collecting recyclables like bottles are often targeted. He emphasized that he always tries to leave the area cleaner than he found it and questioned why marginalized people are being fined for trying to survive in a tough economy.

While dumpster diving is considered illegal in certain circumstances, freegans like Munkey often navigate the risks by diving at night or during early hours to avoid confrontation.

Munkey admits to being hassled by police and shop clerks but advises divers to stay calm and respectful if caught. It’s important to remember that while the law may view dumpster diving as trespassing or theft, the intent behind the action—reducing waste and accessing discarded goods—reflects a broader critique of consumer society.

Dumpster diving regulations vary from province to province. Here’s what you need to know in key regions:

Is Dumpster Diving Legal in Ontario? Yes, provided the dumpster is not on private property. Cities like Toronto generally do not prohibit dumpster diving in public spaces, but always be mindful of potential trespassing risks.

Is dumpster Diving illegal in British Columbia? Dumpster diving is often seen in cities like Vancouver. The rules are similar—as long as you stay on public property, you are likely in the clear.

Is Dumpster Diving illegal in Alberta? Cities such as Calgary and Edmonton may have specific bylaws. To remain safe, always check for “No Trespassing” signs and avoid fenced-off areas.

Is Dumpster Diving illegal in Montreal? Dumpster diving is popular, but diving on private property without consent can result in fines. Quebec’s laws are often stricter in urban areas, especially regarding waste management.

While dumpster diving laws in Canada vary by province, it’s helpful to understand how different countries approach the practice:

To make the most of your dumpster diving experience, follow these essential safety tips:

Dumpster diving has gained popularity among those promoting sustainable living and fighting food waste. Many urban residents see it as a way to support the zero-waste movement and reduce the environmental impact of discarded goods.

In cities like Toronto and Vancouver, the practice has even become a community effort, helping to divert still-useful items from landfills.

Dumpster diving in Canada is not outright illegal, but there are important factors to consider. The primary rule is to avoid private property without permission. By sticking to public areas and following local laws, you can enjoy the benefits of dumpster diving without risking legal trouble. Always be cautious, stay safe, and be respectful of others’ property.