Acts and Regulations

2021-76 - Clean Environment Act

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NEW BRUNSWICK
REGULATION 2021-76
under the
Clean Environment Act
(O.C. 2021-255)
Filed October 14, 2021
1Section 2 of New Brunswick Regulation 2008-54 under the Clean Environment Act is amended
(a) in the definition “brand owner”
(i) in paragraph (b.1)
(A) in the portion preceding subparagraph (i) by striking out “or otherwise distributed” and substituting “or distributed”;
(B) in subparagraph (iv) of the English version by striking out “and” at the end of the subparagraph;
(ii) by adding after paragraph (b.1) the following: 
(b.2) in Part 5.3, with respect to packaging and paper sold, offered for sale or distributed in or into the Province, a person who
(i) is a manufacturer of packaging or paper,
(ii) is a distributor of packaging or paper,
(iii) is an owner or licensee of a registered or unregistered trademark under which packaging or paper is sold, offered for sale or distributed, or
(iv) if packaging or paper is imported into the Province, is the first person to sell the packaging or paper; and
(iii) in paragraph (c) by striking out “(a), (b) or (b.1)” and substituting “(a), (b), (b.1) or (b.2)”;
(b) in the definition “supply” in the portion preceding paragraph (a) by striking out “means to transfer” and substituting “, with respect to tires, means to transfer”;
(c) by adding the following definitions in alphabetical order: 
“marketing material” means a material, substance or object that is, or is intended to be, attached to a commodity or product or its container for the purpose of marketing or communicating information about the commodity or product.(matériel de marketing)
“packaging” means any material that is used for the containment, protection, handling, delivery or presentation of a product that is provided to a consumer, any marketing material and any packaging-like products, but does not include(emballage)
(a) a designated material referred to in section 35 or 50.11,
(b) a beverage container as defined in the Beverage Containers Act, or
(c) packaging that is unsafe or unsanitary, or could become unsafe or unsanitary by virtue of its anticipated use, and is not suitable to be recycled.
“packaging-like product” means a container or covering that is sold as a product, is used by a consumer for their own packaging needs and would be ordinarily disposed of after a single use or short-term use, but does not include (produit utilisé aux fins d’emballage)
(a) a product designed for the containment of waste, or
(b) a product that is unsafe or unsanitary, or could become unsafe or unsanitary by virtue of its anticipated use, and is not suitable to be recycled.
“paper” means paper that is provided to a consumer that is printed, or intended to be printed, and includes telephone directories, but does not include (papier)
(a) reference books,
(b) literary books,
(c) text books, or
(d) paper that is unsafe or unsanitary, or could become unsafe or unsanitary by virtue of its anticipated use, and is not suitable to be recycled.
2Section 7 of the Regulation is amended
(a) in subsection (2) of the French version by striking out “Malgré” and substituting “Malgré ce que prévoit”;
(b) in subsection (4) by striking out “section 31 or 48” and substituting “section 31, 48, 50.26, 50.45 or 50.67”.
3Subsection 11(1) of the Regulation is amended by adding after paragraph (b.2) the following:
(b.3) with respect to the packaging and paper products 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;
4Paragraph 20(2)(b) of the Regulation is amended by striking out “section 48, 50.26 or 50.45” and substituting “section 48, 50.26, 50.45 or 50.67”.
5Subsection 21(2) of the Regulation is amended
(a) in paragraph (c) of the English version by striking out “and” at the end of the paragraph;
(b) in paragraph (d) by striking out the period at the end of the paragraph and substituting a comma followed by “and”;
(c) by adding after paragraph (d) the following:
(e) the management of packaging and paper, if the money is recovered from a brand owner under Part 5.3.
6Paragraph 31(4)c) of the French version of the Regulation is amended by striking out “malgré” and substituting “malgré ce que prévoit”.
7Section 34 of the English version of the Regulation is amended in the definition “consumer” by striking out “for his or her own purpose” and substituting “for the person’s own purpose”.
8Subsection 38(3) of the French version of the Regulation is amended by striking out “Malgré” and substituting “Malgré ce que prévoit”.
9Subsection 42(2) of the French version of the Regulation is amended by striking out “dans le cadre” and substituting “en application”.
10Section 45 of the Regulation is amended
(a) in paragraph (1) of the French version
(i) in paragraph i) by striking out “revenus générés” and substituting “recettes perçues”;
(ii) in paragraph g) by striking out “des installations” and substituting “de toute installation”;
(b) in subsection (2) by striking out “provide the Board” and substituting “provide to the Board”;
(c) in subsection (3) of the French version by striking out “en conformité avec le” and substituting “en application du”.
11Subsection 48(4) of the Regulation is amended by striking out “determined under” and substituting “established in”.
12Section 50.1 of the Regulation is amended
(a) in the English version in the definition “consumer” by striking out “for his or her own purposes” and substituting “for the person’s own purposes”;
(b) in the French version in the definition « point de récupération » by striking out “les retourner, laquelle est identifiée” and substituting “s’en défaire, laquelle est désignée”;
(c) in the French version in the definition « réutiliser » by striking out “selon des modalités conformes” and substituting “conformément”.
13Subsection 50.15(4) of the French version of the Regulation is amended by striking out “Malgré” and substituting “Malgré ce que prévoit”.
14Paragraph 50.16f) of the French version of the Regulation is amended
(a) in the portion preceding subparagraph (i) by striking out “conforme à” and substituting “en respectant”;
(b) in subparagraph (ii) by striking out “qu’elle produit” and substituting “que produit celle-ci”;
(c) in subparagraph (iii) by striking out “conforme” and substituting “conformément”.
15Subsection 50.19(2) of the French version of the Regulation is amended by striking out “en vertu” and substituting “en application”.
16Section 50.23 of the French version of the Regulation is amended
(a) in paragraph (1)j) by striking out “revenus générés” and substituting “recettes perçues”;
(b) in subsection (2) by striking out “écrit de” and substituting “écrit spécifiant”;
(c) in subsection (4) by striking out “en vertu du” and substituting “en application du”.
17Subsection 50.24(2) of the French version of the Regulation is amended by striking out “éducatives et les publications” and substituting “éducatives ni les publications”.
18Section 50.26 of the Regulation is amended
(a) in subsection (2) of the French version by striking out “à ses obligations visées” and substituting “aux obligations mentionnées”;
(b) in subsection (3) of the French version by striking out “par elle,” and substituting “par celle-ci”;
(c) in subsection (4) by striking out “determined under” and substituting “established in”.
19Section 50.27 of the French version of the Regulation is amended
(a) in subsection (4) by striking out “y indiqués” and substituting “qui y sont indiqués”;
(b) in subsection (6) by striking out “sans que soit prouvée la nomination, l’autorité ou la signature de la personne censée l’avoir signée” and substituting “sans qu’il soit nécessaire de prouver la nomination, l’autorité ni l’authenticité de la signature de la personne l’ayant apparemment signé”.
20Section 50.3 of the Regulation is amended
(a) in the English version in the definition “consumer” by striking out “for his or her own purpose” and substituting “for the person’s own purpose”;
(b) in the French version in the definition « point de récupération » by striking out “les retourner, laquelle est identifiée” and substituting “s’en défaire, laquelle est désignée”;
(c) in the French version in the definition « réutiliser » by striking out “selon les modalités conformes” and substituting “conformément”.
21Subsection 50.35(4) of the French version of the Regulation is amended by striking out “Malgré” and substituting “Malgré ce que prévoit”.
22Section 50.36 of the Regulation is amended
(a) in paragraph f) of the French version
(i) in the portion preceding subparagraph (i) by striking out “conforme à” and substituting “en respectant”;
(ii) in subparagraph (iii) by striking out “qu’ils produisent” and substituting “que produisent ceux-ci”;
(iii) in subparagraph (iv) by striking out “conforme” and substituting “conformément”;
(b) in paragraph i) of the French version by striking out “de tous emplacements d’installation” and substituting “de toute installation”;
(c) in paragraph (j) by striking out “exceed” and substituting “are more strict than”.
23Subsection 50.39(2) of the French version of the Regulation is amended by striking out “en vertu” and substituting “en application”.
24Subsection 50.4(1) of the French version of the Regulation is amended in the portion preceding paragraph a) by striking out “dans l’un des cas suivants :”.
25The heading “Performance measures” preceding section 50.41 of the Regulation is amended by striking out “measures” and substituting “measures and targets”.
26Subsection 50.41(1) of the French version of the Regulation is amended by striking out “qu’il prend” and substituting “qu’il utilise”.
27Section 50.42 of the Regulation is amended
(a) in subsection (1) of the French version
(i) in the portion preceding paragraph a) by striking out “comportant” and substituting “renfermant”;
(ii) in paragraph i) by striking out “revenus perçus” and substituting “recettes perçues”;
(iii) in paragraph g) by striking out “des installations” and substituting “de toute installation”;
(b) in subsection (2) by striking out “provide the Board” and substituting “provide to the Board”;
(c) in subsection (4) of the French version by striking out “en vertu du” and substituting “en application du”.
28Subsection 50.43(2) of the French version of the Regulation is amended by striking out “éducatives et les publications” and substituting “éducatives ni les publications”.
29Section 50.44 of the French version of the Regulation is amended
(a) in subsection (1) by striking out “application” and substituting “l’application”;
(b) in subsection (2)
(i) in the portion preceding paragraph a) by striking out “les intègre” and substituting “les intègre à la fois”;
(ii) in paragraph b) by striking out “sur un reçu ou une autre preuve de vente” and substituting “figurant sur le reçu”;
(c) in subsection (3) by striking out “ou au détaillant” and “recouverts en vertu du paragraphe (1) ou” and substituting “ni au détaillant” and “recouvrés en vertu du paragraphe (1) ni” respectively.
30Section 50.45 of the Regulation is amended
(a) in subsection (2) of the French version by striking out “à ses obligations visées” and substituting “aux obligations mentionnées”;
(b) in subsection (3) of the French version by striking out “par elle,” and substituting “par celle-ci”;
(c) in subsection (4) by striking out “determined under” and substituting “established in”.
31Section 50.46 of the French version of the Regulation is amended
(a) in subsection (4) by striking out “y indiqués” and substituting “qui y sont indiqués”;
(b) in subsection (6) by striking out “l’authenticité de la nomination, de l’autorité ou de la signature de la personne censée l’avoir signée” and substituting “la nomination, l’autorité ni l’authenticité de la signature de la personne l’ayant apparemment signé”.
32Section 50.47 of the French version of the Regulation is amended by striking out “tels qu’ils sont établis” and substituting “tel qu’il est établi”.
33The Regulation is amended by adding after section 50.47 the following: 
5.3
DESIGNATED MATERIAL – PACKAGING
AND PAPER
Definitions
50.5The following definitions apply in this Part.
“consumer” means a person who uses packaging or paper for the person’s own purpose, and not for the purpose of resale.(consommateur)
“local government” means a local government as defined in the Local Governance Act.(gouvernement local)
“packaging and paper waste” means packaging or paper that, through use, storage or handling, can no longer be used for its original purpose.(déchet d’emballage et de papier)
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“retailer” means a person who sells or offers for sale packaging or paper in the Province to a consumer.(détaillant)
“return facility” means a collection facility that accepts packaging and paper waste from persons who wish to return it and that is identified as a collection facility in an approved packaging and paper products stewardship plan. (point de récupération)
“reuse” , with respect to packaging and paper, 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)
Packaging and paper as designated materials
50.51Packaging and paper are designated materials for the purposes of section 22.1 of the Act.
Non-application of requirements
50.52(1)The requirements of this Regulation do not apply to a person referred to in paragraph (b.2) of the definition “brand owner” in the following circumstances: 
(a) the brand owner generates less than two million dollars in gross annual revenue in the Province;
(b) the brand owner manufactures, distributes, sells or offers for sale less than one tonne of packaging and paper annually in the Province; or
(c) the brand owner is a charitable organization registered under the Income Tax Act (Canada).
50.52(2)In the case of a franchise agreement, the requirements of this Regulation do not apply to a person referred to in paragraph (b.2) of the definition “brand owner” who is a franchisee.
Restriction on supply of packaging and paper
50.53No brand owner shall sell, offer for sale or distribute packaging or paper to a person within the Province unless the brand owner is registered with the Board.
Duties of brand owner with respect to the Minister of Local Government and Local Governance Reform, regional service commissions and local governments
50.54During the development of a packaging and paper products stewardship plan, the brand owner shall
(a) consult with the Minister of Local Government and Local Governance Reform with respect to the provision of solid waste collection and disposal services to a local service district as defined in the Local Governance Act or to a rural community or a regional municipality that has not made a by-law under section 10 of the Local Governance Act with respect to solid waste collection and disposal services,
(b) consult with regional service commissions and local governments,
(c) consider the interests of regional service commissions and local governments, including existing social and capital waste diversion infrastructure, and
(d) if practicable, plan to use existing social and capital waste diversion infrastructure of regional service commissions and local governments in the performance of the duties of the brand owner.
Submission of packaging and paper products stewardship plan
50.55(1)With its application for registration under this Regulation, a brand owner shall submit a packaging and paper products stewardship plan for approval by the Board.
50.55(2)A packaging and paper products stewardship plan shall apply to the manufacture, storage, collection, transportation, recycling, disposal or other handling of packaging and paper that are sold, offered for sale or distributed within the Province.
Designation of agent
50.56A 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
50.57(1)A brand owner who is selling, offering for sale or distributing packaging or paper within the Province immediately before the commencement of this section shall submit an application for registration within 120 days after the commencement of this section.
50.57(2)A brand owner referred to in subsection (1) is not required to submit a packaging and paper products stewardship plan with the application for registration, but shall ensure that a plan is submitted no later than one year after the date of commencement of this section.
50.57(3)A brand owner shall implement the packaging and paper products stewardship plan referred to in subsection (2) within 180 days after the plan is approved by the Board.
50.57(4)Despite section 50.53, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing packaging and paper within the Province until the Board renders its decision in respect of the brand owner’s application for registration.
50.57(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 packaging and paper immediately on receiving notice of the Board’s decision to refuse the application.
Contents of packaging and paper products stewardship plan
50.58A packaging and paper products stewardship plan shall contain the following:
(a) the plan for the collection, transportation, storage, reuse and recycling of packaging and paper waste within the Province, including the packaging and paper waste of other brand owners;
(b) information on consultations with the Minister of Local Government and Local Governance Reform, regional service commissions and local governments, a summary of the feedback received, a description of how their interests were taken into consideration and, if practicable, a description of the intention to use existing social and capital waste diversion infrastructure;
(c) a description of how the interests of First Nations with respect to solid waste management were considered;
(d) information on the expected quantity or weight of packaging and paper, by material type, to be distributed within the Province and the expected quantity or weight of packaging and paper waste, by material type, to be collected, reused, recycled, composted or recovered;
(e) information on the province-wide collection system, including, but not limited to, the provision of services to
(i) single unit dwellings,
(ii) multi-unit dwellings,
(iii) schools, and
(iv) provincial or local government property that is not industrial, commercial or institutional property;
(f) a description of how existing collection and processing systems were considered to maximize waste diversion in the Province;
(g) the geographical areas that will be used for annual reporting purposes;
(h) the plan for the provision of services to remote or rural areas;
(i) the plan for the management of packaging and paper waste, by material type, in adherence to the following order of preference:
(i) reuse;
(ii) recycle or compost;
(iii) recovery of energy; and
(iv) disposal in compliance with the Act;
(j) a description of the efforts being made to redesign packaging and paper, by material type, to
(i) reduce the amount of packaging and paper sold, offered for sale or distributed within the Province, or
(ii) improve reusability and recyclability;
(k) information on current and future research and development activities in the Province related to the management of packaging and paper;
(l) the communications plan to inform consumers of the packaging and paper products stewardship plan, including the consumer’s reasonable and free access to collection methods;
(m) the location of any long-term storage, containment or final treatment and processing facilities for packaging and paper;
(n) a description of how packaging and paper waste will be managed, by material type, in a manner that employs environmental, human health and safety standards that meet or are more strict than applicable laws;
(o) the plan for the elimination or reduction of the environmental impacts of packaging and paper waste, by material type;
(p) a description of greenhouse gas emission impacts that will result from the implementation of the packaging and paper products stewardship plan and opportunities for reducing those impacts;
(q) a description of the material types that will be used for performance measures and targets and annual reporting purposes;
(r) information with respect to return facilities, by material type, to be used by the consumer; and
(s) a dispute resolution procedure to deal with disputes arising between the brand owner and a service provider.
Approval or imposition of packaging and paper products stewardship plan
50.59(1)As soon as practicable after a packaging and paper products 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.
50.59(2)If the Board rejects a packaging and paper products stewardship plan, the Board may require the brand owner to
(a) comply with a packaging and paper products stewardship plan prepared and approved by the Board, or
(b) resubmit a packaging and paper products stewardship plan within the period of time specified by the Board.
50.59(3)The Board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit a packaging and paper products stewardship plan within the period of time specified by the Board under paragraph (2)(b).
50.59(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.
50.59(5)If the Board rejects a packaging and paper products 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 packaging and paper products stewardship plan
50.6A brand owner shall implement and comply with the packaging and paper products stewardship plan as approved or imposed by the Board under section 50.59.
Renewal of packaging and paper products stewardship plan
50.61(1)At least 90 days before the expiry date of a packaging and paper products stewardship plan approved or imposed by the Board, a brand owner shall submit a packaging and paper products stewardship plan to the Board for review and approval.
50.61(2)Sections 50.58 to 50.6 apply with the necessary modifications to a plan submitted under this section.
Amendment of packaging and paper products stewardship plan
50.62(1)The Board may amend an approved or imposed packaging and paper products 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.
50.62(2)A brand owner may at any time apply to have its packaging and paper products stewardship plan amended and sections 50.58 to 50.6 apply with the necessary modifications to the application.
Performance measures and targets
50.63(1)Within two years of the approval or imposition of the initial packaging and paper products stewardship plan by the Board and in each subsequent plan, a brand owner shall submit for approval to the Board one or more performance measures, by material type, used to assess the goals and objectives of the brand owner’s packaging and paper products stewardship plan as well as the targets, by material type, set by the brand owner for each of the performance measures.
50.63(2)When the information with respect to performance measures and targets has been submitted to the Board under subsection (1), the Board shall, as soon as practicable,
(a) approve the performance measures and targets, by material type, or
(b) reject the performance measures and targets, by material type, with reasons.
50.63(3)If the Board rejects the performance measures and targets, the Board may require the brand owner to
(a) comply with performance measures and targets, by material type, prepared and approved by the Board, or
(b) resubmit performance measures and targets, by material type, within the period of time specified by the Board.
50.63(4)The Board may suspend the registration of a brand owner if the brand owner does not submit performance measures and targets, by material type, within the period of time specified under paragraph (3)(b).
50.63(5)If the Board rejects the performance measures and targets, by material type, submitted by a brand owner and does not act under subsection (3), the Board shall suspend or cancel the registration of the brand owner.
Annual report and other information
50.64(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 packaging and paper products stewardship plan during the previous calendar year including, but not limited to, the following:
(a) the total weight of packaging and paper waste, by material type,
(i) collected within the Province,
(ii) collected within the geographical areas specified in the packaging and paper products stewardship plan, and
(iii) accepted by each return facility;
(b) the total amount of packaging and paper waste, by material type, processed or in storage;
(c) the amount and percentage of packaging and paper waste, by material type, collected that was reused, recycled, composted, recovered for energy, contained, or otherwise treated or disposed of;
(d) a description of the types of processes utilized to reuse, recycle, compost, recover energy from, contain, or otherwise treat or dispose of, packaging and paper waste, by material type;
(e) a description of efforts to redesign packaging and paper, by material type, to improve reusability and recyclability;
(f) a description of collection methods used and, if applicable, the location of return facilities;
(g) the location of any processing or containment facilities for packaging and paper waste;
(h) the types of consumer information, educational materials and strategies adopted by the brand owner;
(i) the annual financial statements, as prepared by an independent auditor, of the revenues received and the expenditures incurred by the packaging and paper products stewardship plan;
(j) an assessment of the performance of the brand owner’s packaging and paper products stewardship plan that is prepared by an independent auditor; and
(k) any other information requested by the Board that relates to the packaging and paper products stewardship plan.
50.64(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 packaging and paper, by material type, distributed by it during the previous calendar year or during a period of time approved by the Board.
50.64(3)If a report referred to in subsection (1) or a statement referred to in subsection (2) is submitted by an agent referred to in section 50.56, the report or statement and distribution information shall include only the aggregate information of all of the brand owners represented by the agent.
50.64(4)The information provided under subsection (2) to the Board by a brand owner who is not represented by an agent referred to in section 50.56 shall be treated as confidential.
Consumer information
50.65(1)On request, a brand owner shall provide to each retailer of its packaging and paper, educational and consumer material that informs consumers with respect to
(a) the brand owner’s packaging and paper products stewardship plan,
(b) access to return facilities, and
(c) the environmental and economic benefits of participating in the brand owner’s packaging and paper products stewardship program.
50.65(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.
50.65(3)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
50.66(1)Subject to subsection (2), a brand owner or a retailer, on behalf of a brand owner, may recover from the consumer costs associated with implementing or operating a packaging and paper products stewardship plan, or costs associated with supplying material under section 50.65.
50.66(2)A brand owner or a retailer who recovers costs under subsection (1) shall integrate those costs
(a) into a total advertised sales price of a product that contains or includes packaging or paper, and
(b) into the sales price on the receipt of sale of a product that contains or includes packaging or paper.
50.66(3)A brand owner or a retailer is not prohibited from informing the public that the price of products that contain or include packaging or paper includes costs recovered under subsection (1) and communicating those costs to the public.
Fees
50.67(1)The Board may charge a brand owner a fee 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 packaging and paper.
50.67(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).
50.67(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.
50.67(4)The Board shall assess up to one-half of the amount established in 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
50.68(1)A brand owner shall remit fees referred to in section 50.67 at the times and in the manner directed by the Board.
50.68(2)If the Board is satisfied that a brand owner has not remitted fees fully 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.
50.68(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.
50.68(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.
50.68(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.
50.68(6)The Board may, under the signature of the proper officer, 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
50.69The 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 packaging and paper as established under the Act and this Regulation and for no other purpose.