Acts and Regulations

2012-92 - Clean Environment Act

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NEW BRUNSWICK
REGULATION 2012-92
under the
Clean Environment Act
(O.C. 2012-333)
Filed October 31, 2012
1Section 2 of New Brunswick Regulation 2008-54 under the Clean Environment Act is amended
(a) by repealing the definition “brand owner” and substituting the following:
“brand owner” means(propriétaire de marque)
(a) in Part 5, a person who
(i) manufactures paint in the Province and sells, offers for sale or distributes that paint in the Province,
(ii) is the owner or licensee in the Province of a registered or unregistered trademark under which paint is sold, offered for sale or distributed in the Province, or
(iii) brings paint into the Province for sale or distribution;
(b) in Part 5.1, a person who
(i) manufactures oil, oil filters or glycol in the Province and sells, offers for sale or distributes the oil, oil filters or glycol in the Province,
(ii) is the owner or licensee in the Province of a registered or unregistered trademark under which oil, oil filters or glycol is sold, offered for sale or distributed in the Province,
(iii) brings oil, oil filters or glycol into the Province for sale or distribution, or
(iv) brings oil, oil filters or glycol into the Province for use in a commercial enterprise; and
(c) in all other Parts, a person referred to in paragraph (a) or (b).
(b) by adding the following definitions in alphabetical order:
“glycol” means ethylene or propylene glycol used or intended for use as a vehicle or commercial engine coolant, but does not include the following: (glycol)
(a) plumbing antifreeze;
(b) windshield washer antifreeze;
(c) lock de-icer and antifreeze; and
(d) gasoline and diesel fuel antifreeze.
“oil” means (huile)
(a) petroleum or synthetic derived crankcase oil, engine oil and gear oil, and hydraulic fluid, transmission fluid and heat transfer fluid, and
(b) fluid used for lubricating purposes in machinery or equipment.
“oil filter” means (filtre à huile)
(a) a spin-on style or element style fluid filter that is used in hydraulic, transmission or internal combustion engine applications, and
(b) an oil filter, a diesel fuel filter, a storage tank fuel filter and a household furnace oil filter other than a gasoline filter.
2Subsection 8(2) of the Regulation is amended by striking out “wholly within New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador”.
3Paragraph 10(b) of the Regulation is amended by striking out “a paint stewardship plan” and substituting “a stewardship plan”.
4Subsection 11(1) of the Regulation is amended by adding after paragraph (b) the following:
(b.1) with respect to the oil, oil filter and glycol stewardship program, the following information:
(i) the amount of fees, interest on outstanding fees and penalties remitted to the Board;
(ii) the results of any inspections conducted under this Regulation;
(iii) a description of all enforcement activities; and
(iv) a description of other related activities of the Board;
5Paragraph 20(2)(b) of the Regulation is amended by striking out “under section 48” and substituting “under section 48 or section 50.26”.
6Subsection 21(2) of the Regulation is amended
(a) in paragraph (a) of the English version by striking out “and” at the end of the paragraph;
(b) in paragraph (b) by striking out “brand owner” and the period at the end of the paragraph, and substituting “brand owner under Part 5, and”;
(c) by adding after paragraph (b) the following:
(c) the management of oil, oil filters, oil containers, glycol and glycol containers, if the money is recovered from a brand owner under Part 5.1.
7The Regulation is amended by adding after section 37 the following:
Designation of agent
37.1A brand owner may designate an agent to act on behalf of the brand owner with respect to the brand owner’s obligations under this Regulation.
8Section 38 of the Regulation is amended
(a) in subsection (2) by striking out “shall ensure that a plan is submitted” and substituting “shall submit a plan”;
(b) by repealing subsection (4) and substituting the following:
38(4)If the Board refuses to register a brand owner referred to in subsection (1), the brand owner shall cease selling, offering for sale or distributing paint immediately on receiving notice of the Board’s decision to refuse the application.
9Section 45 of the Regulation is amended
(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:
45(1)Subject to subsection (2.1), on or before April 30 in each year, a brand owner shall provide the Board with an annual report detailing the effectiveness of the paint stewardship plan during the previous calendar year, which shall include
(b) in subsection (2) by striking out “At the same time” and substituting “Subject to subsection (2.1), at the same time”;
(c) by adding after subsection (2) the following:
45(2.1)If a report referred to in subsection (1) or a statement referred to in subsection (2) is submitted by an agent designated under section 37.1, the report and sales information shall include only the aggregate information of all of the brand owners represented by the agent.
(d) by repealing subsection (3) and substituting the following:
45(3)The information provided under subsection (2) to the Board by an individual brand owner not represented by an agent designated under subsection 37.1 shall be treated as confidential.
10Paragraph 46(1)(c) of the Regulation is amended by striking out “plan” and substituting “program”.
11Section 47 of the Regulation is repealed and the following is substituted:
47(1)No retailer, brand owner or wholesaler shall charge a consumer, or make visible on a consumer’s receipt of sale, a separate fee with respect to the costs associated with implementing or operating a paint stewardship plan, or with respect to supplying material under section 46.
47(2)A brand owner is not prohibited from showing the fee referred to in subsection (1) to a retailer or wholesaler.
12The Regulation is amended by adding after section 50 the following:
5.1
DESIGNATED MATERIAL - OIL, OIL FILTERS AND GLYCOL
Definitions
50.1The following definitions apply in this Part.
“consumed in use” , with respect to oil or glycol, means unavailable for recovery because the material is(consommé et en usage)
(a) fully consumed in an internal combustion engine,
(b) lost due to leakage, accident or mishap,
(c) incorporated into another product, or
(d) used for another purpose in compliance with the Act.
“consumed in use rate” means the amount of oil or glycol that was consumed in use, divided by the amount of oil or glycol, as the case may be, that was sold, expressed as a percentage.(taux consommé à l’usage)
“consumer” means a person who uses oil, oil filters or glycol for his or her own purposes, and not for the purpose of resale. (consommateur)
“glycol container” means a container with a capacity of 50 l or less manufactured for the purpose of holding glycol. (contenant de glycol)
“oil container” means a container with a capacity of 50 l or less manufactured for the purpose of holding oil. (contenant d’huile)
“recovery rate” means (taux de récupération)
(a) for oil and glycol, the amount of used oil or used glycol recovered divided by the amount of oil or glycol, as the case may be, that was sold less the amount consumed in use, expressed as a percentage;
(b) for oil filters, the number of used oil filters recovered divided by the number of oil filters sold, expressed as a percentage; and
(c) for oil containers and glycol containers, the number of oil containers or glycol containers recovered divided by the number of oil containers sold or glycol containers sold, as the case may be, expressed as a percentage.
“retailer” means a person who sells or offers for sale oil, oil filters or glycol in the Province to a consumer. (détaillant)
“return facility” means a collection facility that accepts used oil, used oil filters, oil containers, used glycol and glycol containers from persons who wish to return them, and that is identified as a collection facility through an approved oil and glycol stewardship plan. (point de récupération)
“reuse” , with respect to used oil and used glycol, means to process the material in such a way that it is capable of being used by a consumer in a manner that would be compliant with the Act. (réutiliser)
“used glycol” means glycol that, through use, storage or handling, can no longer be used for its original purpose. (glycol usagé)
“used oil” means oil that, through use, storage or handling, can no longer be used for its original purpose. (huile usée)
“used oil filter” means an oil filter that, through use, storage or handling, can no longer be used for its original purpose. (filtre à huile usagé)
Oil, oil filters and glycol as designated material
50.11Oil, oil filters, oil containers, glycol and glycol containers are designated as materials for the purposes of section 22.1 of the Act.
Restriction on supply of oil, oil filters and glycol
50.12No brand owner shall sell, offer for sale or distribute oil, oil filters or glycol to a person in the Province unless the brand owner holds a valid registration as a brand owner.
Submission of oil and glycol stewardship plan
50.13(1)With its application for registration under this Regulation, a brand owner shall submit an oil and glycol stewardship plan for approval of the Board.
50.13(2)An oil and glycol stewardship plan shall apply to the manufacture, storage, collection, transportation, recycling, disposal or other handling of oil, oil filters, oil containers, glycol and glycol containers that are sold, offered for sale or distributed within the Province.
Designation of agent
50.14A brand owner may designate an agent to act on behalf of the brand owner with respect to the brand owner’s obligations under this Regulation.
Transitional provisions respecting registration
50.15(1)A brand owner who is selling, offering for sale or distributing oil, oil filters or glycol within the Province immediately before the commencement of this section shall submit an application for registration within 90 days after the commencement of this section.
50.15(2)A brand owner referred to in subsection (1) is not required to submit an oil and glycol stewardship plan with its application for registration, but shall submit a plan no later than 180 days after the date of commencement of this section.
50.15(3)A brand owner shall implement the oil and glycol stewardship plan referred to in subsection (2) within 180 days after the plan is approved by the Board.
50.15(4)Despite section 50.12, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing oil, oil filters or glycol within the Province until the Board renders its decision in respect of the brand owner’s application for registration.
50.15(5)If the Board refuses to register a brand owner referred to in subsection (1), the brand owner shall cease selling, offering for sale or distributing oil, oil filters or glycol immediately on receiving notice of the Board’s decision to refuse the application.
Contents of oil and glycol stewardship plan
50.16An oil and glycol stewardship plan shall contain the following:
(a) a plan for the collection, storage and transportation of used oil, used oil filters, oil containers, used glycol and glycol containers in the Province, including the materials of other brand owners;
(b) information on the number of units of oil, oil filters and glycol sold on the market, and the methods of collection, storage, transportation, consolidation and recycling facilities to be used;
(c) the estimated number of units to be collected, reused, recycled and recovered, as well as associated costs;
(d) information on the population and geographic area to be served;
(e) a plan for the provision of service to remote or rural areas, if applicable;
(f) a plan for the management of the designated material in adherence to the following order of preference:
(i) reuse;
(ii) recovery of energy; and
(iii) disposal in compliance with the Act;
(g) a description of the methodology to be used by the brand owner to determine the amounts used to calculate the consumed in use rate;
(h) a description of the efforts being made by the brand owner to redesign oil or glycol products to improve reusability and recyclability;
(i) an education awareness plan for consumers and users of the oil, oil filter and glycol stewardship program, including information on the reasonable and free access to return facilities;
(j) an assessment of the performance of the brand owner’s plan by an independent auditor;
(k) a plan for the elimination or reduction of the environmental impacts of used oil, used oil filters, oil containers, used glycol and glycol containers; and
(l) information with respect to the manner in which the oil and glycol stewardship plan will achieve the recovery rates set out in sections 50.21 and 50.22.
Approval or imposition of oil and glycol stewardship plan
50.17(1)As soon as practicable after an oil and glycol stewardship plan has been submitted to the Board, the Board shall
(a) approve the plan for a period of time not to exceed five years, or
(b) reject the plan with written reasons.
50.17(2)If the Board rejects an oil and glycol stewardship plan, it may
(a) require the brand owner to comply with an oil and glycol stewardship plan prepared and approved by the Board, or
(b) require the brand owner to resubmit an oil and glycol stewardship plan within the period of time specified by the Board.
50.17(3)The Board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit an oil and glycol stewardship plan within the period of time specified under paragraph (2)(b).
50.17(4)A plan referred to in paragraph (2)(a) expires on the date set by the Board, but the period of time for which the plan is to be effective shall not exceed five years.
50.17(5)If the Board rejects an oil and glycol stewardship plan submitted by a brand owner and does not act under subsection (2), the Board shall refuse to register the brand owner or shall suspend or cancel the registration of the brand owner.
Compliance with oil and glycol stewardship plan
50.18(1)A brand owner shall implement and comply with the oil and glycol stewardship plan as approved or imposed by the Board under section 50.17.
50.18(2)Within two years after the implementation of an oil and glycol stewardship plan, a brand owner shall submit a report to the board specifying the methodology it used for determining the amounts used to calculate the consumed in use rate.
Renewal of oil and glycol stewardship plan
50.19(1)At least 90 days before the expiry date of an oil and glycol stewardship plan approved or imposed by the Board, a brand owner shall submit an oil and glycol stewardship plan to the Board for review and approval.
50.19(2)Sections 50.16 to 50.18 apply with the necessary modifications to a plan submitted under this section.
Amendment of oil and glycol stewardship plan
50.2(1)The Board may amend an approved or imposed oil and glycol stewardship plan
(a) to correct a clerical error,
(b) to reflect a change in the name or address of a brand owner, or
(c) on the request of the brand owner.
50.2(2)A brand owner may apply at any time to have its oil and glycol stewardship plan amended, and sections 50.16 to 50.18 apply with the necessary modifications to the application.
Recovery rates for oil, oil filters and oil containers
50.21(1)Within two years after the implementation of an oil and glycol stewardship plan, a brand owner shall achieve the following recovery rates:
(a) for oil, a rate of at least 50%;
(b) for oil filters, a rate of at least 25%; and
(c) for oil containers, a rate of at least 25%.
50.21(2)Within four years after the implementation of an oil and glycol stewardship plan, a brand owner shall achieve the following recovery rates:
(a) for oil, at least 65%;
(b) for oil filters, at least 50%; and
(c) for oil containers, at least 50%.
50.21(3)Within five years after the implementation of the oil and glycol stewardship plan, and in each subsequent calendar year, a brand owner shall achieve the following recovery rates:
(a) for oil, at least 75%;
(b) for oil filters, at least 75%; and
(c) for oil containers, at least 75%.
Recovery rates for glycol and glycol containers
50.22(1)Within four years after the implementation of an oil and glycol stewardship plan, a brand owner shall achieve the following recovery rates:
(a) for glycol, at least 50%; and
(b) for glycol containers, at least 50%.
50.22(2)Within six years after the implementation of an oil and glycol stewardship plan, a brand owner shall achieve the following recovery rates:
(a) for glycol, at least 65%; and
(b) for glycol containers, at least 65%.
50.22(3)Within seven years after the implementation of an oil and glycol stewardship plan, and in each subsequent calendar year, a brand owner shall achieve the following recovery rates:
(a) for glycol, at least 75%; and
(b) for glycol containers, at least 75%.
Annual report and other information
50.23(1)Subject to subsection (3), on or before April 30 in each year, a brand owner shall provide the Board with an annual report detailing the effectiveness of the oil and glycol stewardship plan during the previous calendar year, which shall include
(a) the total amounts of used oil and used glycol, and the total numbers of used oil filters, oil containers and glycol containers collected in the Province by the brand owner,
(b) the total amounts of used oil and used glycol, and the total numbers of used oil filters, oil containers and glycol containers processed or in storage,
(c) the percentage of used oil, used oil filters, oil containers, used glycol or glycol containers collected that was reused, recycled, recovered for energy, contained, or otherwise disposed of,
(d) the overall achievement of recovery rates set out in sections 50.21 and 50.22,
(e) a description of the types of processes utilized to reuse, recycle, recover energy from, contain, or otherwise treat or dispose of used oil, used oil filters, oil containers, used glycol and glycol containers,
(f) a description of efforts made to redesign oil, oil filters or glycol to improve reusability and recyclability;
(g) the location of return facilities,
(h) the location of processing or containment facilities for used oil, used oil filters, oil containers, used glycol and glycol containers,
(i) the types of consumer information, educational materials and strategies adopted by the brand owner,
(j) the annual financial statements, as prepared by an independent auditor, of the revenues received and the expenditures incurred by the oil and glycol stewardship plan,
(k) an assessment of the performance of the brand owner’s plan that is prepared by an independent auditor, and
(l) any other information requested by the Board that relates to the oil, oil filter and glycol stewardship program.
50.23(2)Subject to subsection (3), at the same time a brand owner submits its annual report, it shall provide to the Board a statement in writing as to the total amount of oil, oil filters and glycol sold by the brand owner during the previous calendar year.
50.23(3)If a report referred to in subsection (1) or a statement referred to in subsection (2) is submitted by an agent designated under section 50.14, the report and sales information shall include only the aggregate information of all of the brand owners represented by the agent.
50.23(4)The information provided under subsection (2) to the Board by an individual brand owner not represented by an agent designated under section 50.14 shall be treated as confidential.
Consumer information
50.24(1)A brand owner shall provide to each retailer of its oil, oil filters or glycol, educational and consumer material, including printed handouts, that informs consumers about
(a) the brand owner’s oil and glycol stewardship plan,
(b) access to return depots, and
(c) the environmental and economic benefits of participating in the oil and glycol stewardship program.
50.24(2)A brand owner shall not release any educational and consumer material referred to in subsection (1) unless the material has been submitted to the Board at least one month before its intended release.
50.24(3)A retailer shall post or distribute the educational and consumer material it receives from brand owners at the area inside the retailer’s premises where oil or glycol is displayed, and
(a) at the main entrance of the retailer’s premises, or
(b) at the area inside a retailer’s premises where the transaction to purchase oil and glycol takes place.
50.24(4)Subsection (2) applies with the necessary modifications to any changes proposed to be made to the information supplied in the material referred to in subsection (1).
Passing on of costs
50.25(1)No retailer, brand owner or wholesaler shall charge a consumer, or make visible on a consumer’s receipt of sale, a separate fee with respect to the costs associated with implementing or operating an oil and glycol stewardship plan, or with respect to supplying material under section 50.24.
50.25(2)A brand owner is not prohibited from showing the fee referred to in subsection (1) to a retailer or wholesaler.
Fees
50.26(1)The Board may charge a brand owner fees established by the Board to cover the Board’s annual administrative costs in carrying out its duties under the Act and this Regulation in relation to oil, oil filters, oil containers, glycol and glycol containers.
50.26(2)The annual administrative costs include office, operational and inspection expenses and the cost of salaries, benefits and expenses of members and employees of the Board that are attributable to the Board’s duties referred to in subsection (1).
50.26(3)The annual administrative costs of the Board incurred or to be incurred by it, together with any sum needed to make up any deficiency in the assessment for the preceding year, shall be borne equally by each brand owner.
50.26(4)The Board shall assess up to one-half of the amount determined under subsection (1) on or before April 1 of the fiscal year in respect of which the costs are incurred and assess the remaining amount after December 1 of that fiscal year.
Remittance of fees, imposition of interest and penalties
50.27(1)A brand owner shall remit fees referred to in section 50.26 at the times and in the manner directed by the Board.
50.27(2)If the Board is satisfied that a brand owner has not remitted fees in accordance with subsection (1), the Board may serve written notice on the brand owner requiring payment of the following amounts:
(a) the full amount of the fees that are outstanding;
(b) interest on the amount of the outstanding fees calculated monthly at a rate not exceeding 2% per month; and
(c) a penalty in an amount established by the Board, which shall not exceed the amount of the outstanding fees.
50.27(3)A written notice under subsection (2) shall include the time and manner in which the payments required under that subsection are to be made.
50.27(4)A brand owner served with a written notice under subsection (2) shall pay the amounts set out in the notice in accordance with the notice.
50.27(5)All fees, interest and penalties that are not paid to the Board in accordance with a written notice constitute a debt due to the Board.
50.27(6)Under the signature of the proper officer, the Board may issue a certificate setting out the name of a brand owner who has not paid fees, interest or penalties in accordance with a written notice and certifying the total amounts of the fees, interest or penalties remaining unpaid and the certificate, without proof of the appointment, authority or signature of the person purporting to have signed it, is admissible in evidence and is, in the absence of evidence to the contrary, proof of the amount of the fees, interest and penalties remaining unpaid.
Use of fees, interest and penalties
50.28The Board shall use the fees, interest and penalties remitted to it or paid to it under this Part solely to meet its purposes in relation to oil, oil filters and glycol as established under the Act and this Regulation and for no other purpose.