Acts and Regulations

2008-54 - Designated Materials

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Document at 5 November 2008
NEW BRUNSWICK
REGULATION 2008-54
under the
Clean Environment Act
(O.C. 2008-180)
Filed April 25, 2008
Under section 32 of the Clean Environment Act, the Lieutenant-Governor in Council makes the following Regulation:
1
INTERPRETATION
Citation
1This Regulation may be cited as the Designated Materials Regulation - Clean Environment Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Clean Environment Act. (Loi)
“Board” means the body corporate continued under section 3 under the name Recycle New Brunswick. (commission)
“brand owner” means a person who(propriétaire de marque)
(a) manufactures paint in the Province and sells, offers for sale or distributes that paint in the Province,
(b) 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
(c) brings paint into the Province for sale or distribution.
“fiscal year” means the fiscal year established by the Board in its by-laws. (exercice financier)
“inspection” means an inspection conducted under this Regulation, and includes an audit. (inspection)
“inspector” means a person designated as an inspector under the Act or as an agent under section 51. (inspecteur)
“member” means a member of the Board. (membre)
“new tire” means a tire supplied separately or with a machine or device but does not include a retreaded tire or a used tire. (pneu neuf)
“paint” means(peinture)
(a) a tinted or untinted latex, oil or solvent-based architectural coating used for commercial or household purposes, including stain, and includes the coating’s container, or
(b) a coloured or clear paint or stain sold in an aerosol container and includes the paint’s or stain’s container, but does not include coatings intended for marine antifouling, industrial or automotive applications.
“processor” means a person engaged in the business of recycling scrap tires. (exploitant)
“registrant” means a person who holds a registration granted by the Board under section 14. (titulaire)
“scrap tire” means a tire that is no longer suitable for its original intended purpose because of wear, damage, defect or any other reason. (pneu usé)
“supplier” means a person who, in the course of doing business, supplies new tires in New Brunswick. (fournisseur)
“supply” means to transfer or to offer to transfer any property interest, other than by transferring for the sole purpose of creating a security interest within the meaning of the Personal Property Security Act or the Bank Act (Canada), by any of the following manners:(fournir)
(a) sale, whether conditional or otherwise;
(b) exchange;
(c) replacement;
(d) barter;
(e) lease or rental, whether with an option to purchase
or otherwise; or
(f) gift.
“tire” means a tire that is air-filled or designed to be air-filled, other than a tire that is used or intended to be used on a cycle, a wheelbarrow or another machine or device that is propelled solely by human or animal power. (pneu)
“valid registration” means a registration granted by the Board that has not been suspended or cancelled. (immatriculation valide)
2
RECYCLE NEW BRUNSWICK
Continuation of Board
3(1)The stewardship board established by the Minister under section 22.1 of the Act and known as the New Brunswick Tire Stewardship Board is continued as Recycle New Brunswick.
3(2)The change in name of the Board does not affect the rights and obligations of the Board, and all proceedings may be continued or commenced by the Board under its new name that might have been continued or commenced by the Board under its former name.
Appointment of members
4(1)The Board shall consist of not less than 5 members and not more than 12 members appointed by the Minister.
4(2)A member appointed to the Board shall be ordinarily resident in the Province.
4(3)The Minister may appoint a member to the Board for a term not exceeding 3 years and may reappoint the member for one additional term not exceeding 3 years.
4(4)The Minister may revoke the appointment of a member for cause.
4(5)The members shall appoint from among themselves a chair and a vice-chair of the Board.
4(6)The members may
(a) revoke the appointment of a chair or vice-chair of the Board, and
(b) reappoint a chair or vice-chair of the Board.
4(7)If one or more of the positions on the Board is vacant and, as a result, there are not sufficient members to constitute a quorum, the Minister may appoint a temporary member to any or all of the vacant positions.
4(8)The term of a temporary member expires not later than the day on which the position held by the temporary member is filled under subsection (1).
Powers of the Board
5(1)With respect to the purposes under subsection 22.1(1) of the Act and subject to the Act and this Regulation, the Board has the capacity, rights, powers and privileges of a natural person.
5(2)For the purposes of the Act and this Regulation, and without limiting the generality of subsection (1), the Board may
(a) acquire, hold, own, lease, use, license or otherwise deal with real or personal property,
(b) subject to the provisions of the Act or any other Act and to the provisions of regulations made under the Act or any other Act, finance any of its undertakings through fees and through such other means as may be approved by the Lieutenant-Governor in Council,
(c) make and amend arrangements and enter into and amend agreements and contracts with
(i) the Government of Canada or the government of any province, territory or other jurisdiction,
(ii) a municipality or rural community in the Province, or
(iii) any other person,
(d) establish and administer a management program with respect to a designated material, including the management of the distribution, supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal and other handling of a designated material,
(e) establish and administer an oversight program with respect to a designated material, including the oversight of an industry’s distribution, supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal and other handling of a designated material,
(f) operate storage, collection, transportation, recycling, processing or disposal facilities for a designated material,
(g) employ persons, establish their conditions of employment and provide for and pay their compensation and reimbursement,
(h) engage the services of advisors and persons providing special, technical or professional knowledge or services and provide for and pay their compensation and reimbursement, and
(i) do such other things as may be incidental to or necessary for the carrying out of its purposes.
By-laws
6The members of the Board may make by-laws
(a) establishing its fiscal year,
(b) regulating its administration and generally for the conduct of its business and affairs,
(c) establishing the rules of procedure for its meetings, including establishing the number of members required to constitute a quorum, which number shall not be less than 50% of the total number of members who have been appointed under subsection 4(1),
(d) respecting the appointment of officers of the Board and providing for reimbursement of their expenses, and
(e) subject to subsection 9(2), establishing rules for its members respecting conflict of interest.
Budget
7(1)In each fiscal year, the Board shall prepare and approve a balanced annual operating budget for the next fiscal year.
7(2)Notwithstanding paragraph 5(2)(b), in any one fiscal year the Board may borrow for operating expenses a sum not exceeding 25% of its most recently approved annual operating budget without first obtaining the approval of the Lieutenant-Governor in Council.
7(3)The Board shall carry forward any surplus or deficit occurring at the end of a fiscal year into the next fiscal year.
7(4)Notwithstanding subsection (3), the Board may accrue surplus funds occurring at the end of any fiscal year in a reserve fund, which shall be used to fund the reduction or elimination of the fee payable under section 31 or 48 in a manner compatible with the purposes of the Board.
Reimbursement of members
8(1)In this section
“board-assigned activity” means, when used in relation to an activity of a member of the Board, an activity by which the member represents the Board, investigates or researches a matter or carries out any other action assigned to the member as an individual or as a member of a group by a resolution of the Board as recorded in the minutes of the meeting of the Board; (activité assignée)
“Board meeting” means a meeting of the Board or subcommittee of the Board called in accordance with the by-laws. (réunion de la commission)
8(2)A member is entitled to be reimbursed by the Board for expenses reasonably incurred wholly within New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador by the member in carrying out a Board-assigned activity or attending a Board meeting, at the rate in place for reimbursement for such expenses by the Province at the time when the expenses are incurred.
8(3)A member, other than an employee under the Civil Service Act, is entitled to be paid an honorarium by the Board of $150 per day for Board meetings attended by the member.
8(4)The Board shall not, directly or indirectly, pay any member any compensation or other consideration in relation to the member’s activities as a member, other than the reimbursement for expenses permitted under subsection (2) and the honorarium permitted under subsection (3).
Other financial matters respecting members
9(1)The Board shall not give any direct or indirect financial assistance to a member, an officer or an employee of the Board.
9(2)No person shall be employed by, contract with, act as an agent for or otherwise provide goods or services to the Board in exchange for any direct or indirect consideration
(a) while holding office as a member, or
(b) during the period of one year following the end of the person’s term of office as a member, regardless of whether the person served the entire term.
Advisory committees
10The Board may establish one or more committees to advise it on matters in relation to
(a) the development, amendment or implementation of a scrap tire management plan, or
(b) the adequacy of a paint stewardship plan.
Annual report
11(1)Before July 1 of each year, the Board shall submit to the Minister an annual report which shall include
(a) with respect to the tire stewardship program, the following information:
(i) the number of tires supplied by all holders of a supplier registration;
(ii) the amount of fees, interest on outstanding fees and penalties remitted to the Board;
(iii) the number of scrap tires collected;
(iv) the number of scrap tires processed;
(v) the cost of the collection and processing of scrap tires;
(vi) the results of any inspections conducted under this Regulation;
(vii) a description of all enforcement activities;
(viii) a description of other related activities of the Board; and
(ix) a description of emerging trends in the field of scrap tire management;
(b) with respect to the paint 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;
(c) a copy of each annual report submitted by a brand owner;
(d) a copy of the Board’s audited financial statement for the previous fiscal year; and
(e) any other information required by the Minister.
11(2)The Minister shall submit the Board’s annual report to the Legislature each year.
11(3)The Minister shall keep all annual reports submitted to the Minister under subsection (1), and shall make copies of them available for inspection by the public at the head office of the Department of Environment in Fredericton during normal business hours.
11(4)The Board shall keep copies of all annual reports submitted to the Minister under subsection (1) and shall make them available for inspection by the public at its head office during normal business hours.
3
REGISTRATION AND SECURITY
Requirement to register
12The following persons shall register with the Board:
(a) a supplier; and
(b) a brand owner.
Exemptions
13The Board may, in the manner it considers appropriate, exempt a supplier or a class of suppliers from the requirement to register with the Board if the Board is satisfied that another supplier who is registered will do the following in accordance with this Regulation:
(a) report the supply of tires by the exempted supplier or class of suppliers; and
(b) remit the fees in relation to those tires.
Application for registration
14(1)An application for the issuance of a registration shall be on a form provided by the Board and shall provide the following information:
(a) the name of the applicant;
(b) whether the applicant is applying for registration as a supplier or brand owner;
(c) the location of the head office of the applicant, and its main place of business within the Province;
(d) if a corporation, the name of the officers of the corporation, their titles, addresses of their places of residence and telephone numbers;
(e) the name, address and telephone number of the person to whom any correspondence or inquiries should be directed; and
(f) if an applicant is a brand owner, the name, address and telephone number of any agent acting on behalf of the applicant for the purposes of this Regulation.
14(2)If satisfied that an applicant is in compliance with the Act and this Regulation, the Board may grant the registration.
Notification of change
15A person registered with the Board shall notify the Board within 10 days of any change to the information supplied under section 14.
Refusal of registration
16The Board may refuse an application for the issuance of a registration in the following circumstances:
(a) the Board is satisfied that the applicant has violated a provision of the Act, the Clean Water Act, the Clean Air Act or any regulation or statutory instrument under those Acts, or a provision relating to the management or handling of a designated material in any other Act of the Legislature, any Act of the Parliament of Canada or any regulation or statutory instrument under those Acts;
(b) the applicant has not provided security in accordance with the requirements of the Board;
(c) the applicant has not obtained the necessary approval of the Board for a stewardship plan for a designated material; or
(d) a registration previously held by the applicant under this Regulation was cancelled during the previous 5 years.
Procedure on refusal
17(1)If the Board proposes to refuse an application for the issuance of a registration, it shall serve the applicant with a notice of proposal which shall include the following information:
(a) a statement of the Board’s reasons for refusing the application; and
(b) a statement informing the applicant of the objection process under subsection (2).
17(2)An applicant who is served with a notice of proposal and who wishes to object to the proposed action shall do so by setting out its representations in writing and delivering them to the Board no later than 10 days after being served with the notice.
17(3)If an applicant served with a notice of proposal does not deliver written representations within 10 days after being served with the notice, the Board may refuse the application.
17(4)If an applicant served with a notice of proposal delivers written representations within 10 days after being served with the notice, the Board shall consider the representations within 10 days after receiving them and after doing so may
(a) refuse the application for registration, or
(b) grant the application for registration.
17(5)Within 10 days after considering written representations under subsection (4), the Board shall serve the applicant with written notice of its decision under that subsection.
Suspension or cancellation
18(1)The Board may suspend a registration in the following circumstances:
(a) the Board is satisfied that the registrant or another person acting under authority of the registration has violated a provision of the Act, the Clean Water Act, the Clean Air Act or any regulation or statutory instrument under those Acts, or a provision relating to the management or handling of a designated material in any other Act of the Legislature, any Act of the Parliament of Canada or any regulation or statutory instrument under those Acts;
(b) the registrant has not provided or has not maintained security in accordance with the requirements of the Board; and
(c) the registrant has not obtained the necessary approval of the Board for a stewardship plan for a designated material.
18(2)The Board may cancel a registration in any of the following circumstances:
(a) the circumstances set out in subsection (1);
(b) the registrant has ceased to carry on business as a supplier or brand owner; or
(c) the registrant has applied to surrender the registration.
18(3)If the Board proposes to suspend or cancel a registration, it shall serve the registrant with a notice of proposal which shall include the following information:
(a) a statement of the Board’s reasons for the suspension or cancellation; and
(b) a statement informing the registrant of the objection process under subsection (4).
18(4)A registrant who is served with a notice of proposal and who wishes to object to the proposed action shall do so by setting out its representations in writing and delivering them to the Board no later than 10 days after being served with the notice.
18(5)If a registrant served with a notice of proposal does not deliver written representations within 10 days after being served with the notice, the Board may suspend or cancel the registration.
18(6)If a registrant served with a notice of proposal delivers written representations within 10 days after being served with the notice, the Board shall consider the representations within 10 days after receiving them and may
(a) suspend or cancel the registration, or
(b) decline to suspend or cancel the registration.
18(7)Within 10 days after considering written representations under subsection (6), the Board shall serve the registrant with written notice of its decision under that subsection.
18(8)The Board may reinstate a suspended registration if the Board is satisfied that the applicant will comply with the requirements of the Act and this Regulation and has rectified, to the extent possible, the circumstances that led to the suspension.
Registration may not be transferred
19A registration is not transferable.
Security
20(1)For the purposes of ensuring compliance with the Act and this Regulation, the Board may require any of the following persons to provide security to the Board at any time:
(a) an applicant for the issuance of a registration;
(b) a registrant; and
(c) a person seeking the reinstatement of a suspended registration.
20(2)The amount of security required shall not exceed the following:
(a) in respect of a registration of a supplier - the amount of the fees that the Board reasonably estimates would be remitted by the supplier under section 31 during a two month period; and
(b) in respect of a registration of a brand owner - the amount of the fees that the Board reasonably estimates would be remitted by the brand owner under section 48 during a six month period.
20(3)The Board shall serve written notice on a person required to provide security, and the notice shall include the following information:
(a) the form and amount of the security required;
(b) the nature of the proof of the security required by the Board;
(c) the time within which the security is to be provided; and
(d) the time period during which the security is to be maintained.
20(4)A person served with a written notice shall, within the time specified in the notice, provide security and maintain it in accordance with the notice.
Forfeiture of security
21(1)If a person who is required to remit fees under this Regulation fails or refuses to remit the fees, any security provided by the person shall be forfeited 14 days after the remittance is due.
21(2)The Board shall use any money recovered on the forfeiture of a security, after deducting any costs in relation to the forfeiture, to meet the purposes of the Board as established under the Act in relation to
(a) the management of scrap tires, if the money is recovered from a supplier, and
(b) the management of paint, if the money is recovered from a brand owner.
Hearing by Board
22Nothing in this Regulation requires the Board to hold an oral hearing before making a decision.
4
DESIGNATED MATERIAL - TIRES
Tires as designated material
23Tires are a designated material for the purposes of section 22.1 of the Act.
Deeming provision
24(1)Every supplier who uses or consumes in the Province a new tire that the supplier has acquired shall be deemed to have supplied the tire to another person.
24(2)A tire shall be deemed to be new from the time of its manufacture until immediately after it is first supplied by a supplier anywhere.
Restriction on supply of new tires
25No supplier shall supply a new tire to another person in New Brunswick unless the person holds a valid registration as a supplier or is acting under the authority of a person who holds a valid registration as a supplier.
Importation of scrap tires
26(1)No person shall import a scrap tire into the Province unless the person has first obtained the written permission of the Board to do so.
26(2)The Board may provide written permission under subsection (1) only if it is satisfied that the importation of the scrap tire will not have a negative financial impact on the management plan for tires operated by the Board under this Regulation.
26(3)A person who imports a scrap tire shall do so in accordance with the directions of the Board as set out in the written permission, and in accordance with any other applicable Act or regulation.
Management plan
27(1)The management plan for tires approved by the Minister and adopted by the New Brunswick Tire Stewardship Board that is in effect immediately before the commencement of this Regulation remains in effect until a management plan is adopted by the Board and approved by the Minister under this section.
27(2)Before January 1, 2009, and before January 1 in every second year following that date, the Board shall
(a) adopt a management plan for tires in the form and containing the information required by the Minister for the implementation of the Board’s responsibilities under the Act and this Regulation for the two year period beginning on the first day of the fiscal year following its adoption, and
(b) submit the management plan to the Minister for approval.
27(3)The Minister may extend the time for adopting and submitting a management plan.
27(4)The Minister may approve a management plan.
27(5)The Board may adopt an amendment to an approved management plan, and the Minister may approve the amendment.
Implementation of management plan
28The Board shall ensure that an original or amended management plan approved by the Minister is implemented in accordance with its intent.
Inspection by public of management plan
29(1)The Minister shall keep all original and all amendments to management plans that are approved by the Minister under section 27 and shall make copies of them available for inspection by the public at the head office of the Department of Environment in Fredericton during normal business hours.
29(2)The Board shall keep copies of all original and all amendments to management plans that are approved by the Minister under section 27 and shall make them available for inspection by the public at its head office during normal business hours.
Reporting and record keeping
30(1)Within 30 days after the last day of a calendar month, a registrant who is a supplier shall report to the Board, on a form provided by the Board, the total number of tires supplied by the supplier in that month, the number of tires supplied from each location operated by the supplier and any other information in relation to the supply of tires that the Board requires.
30(2)Upon the request of a registrant who is a supplier, the Board may authorize the registrant to make the report required under subsection (1) for a different period of time and at a different frequency than required under subsection (1).
30(3)A registrant who is a supplier shall ensure that the registrant’s registration number appears on the invoice and sales receipt related to the supply of a tire by the registrant and, if the person to whom a tire has been supplied is another registrant who is a supplier, that the other registrant’s registration number also appears on those documents.
30(4)Every registrant who is a supplier shall maintain records in accordance with the directions of the Board in relation to the tires that the registrant has supplied, and shall keep the record of each transaction for a period of 7 years after the date of its occurrence.
30(5)No person shall falsify, render misleading or unlawfully alter or destroy any of the reports or records required to be made or maintained under this section.
Fees
31(1)Subject to subsections (3), (4) and (5), the Board may require a supplier to remit to the Board a fee fixed by the Board for each tire supplied by the supplier in the Province.
31(2)Subsection (1) does not apply to a supplier exempted under section 13.
31(3)The Board shall not require remittance of a fee in relation to the following tires:
(a) the supply of retreaded or used tires;
(b) the supply of tires with a rim size of less than 20.32 cm (8.00 in); and
(c) tires shipped directly outside the Province.
31(4)The fee fixed by the Board
(a) for tires with a rim size of 20.32 cm (8.00 in) or more but not exceeding 43.18 cm (17.00 in), shall not exceed $4.50, exclusive of all applicable taxes,
(b) for tires with a rim size exceeding 43.18 cm (17.00 in) but not exceeding 62.23 cm (24.50 in), shall not exceed $13.50, exclusive of all applicable taxes, and
(c) notwithstanding paragraphs (a) and (b), for tires of motor-driven cycles and motorcycles as defined in the Motor Vehicle Act, shall not exceed $3.00, exclusive of all applicable taxes.
31(5)No supplier shall ask for or receive from any person a sum intended to represent a fee under this section in relation to the supply of a replacement tire if no consideration is given for the replacement tire and the replacement is made because the original tire was defective.
Remittance of fees, imposition of interest and penalties
32(1)A supplier shall remit fees at the times and in the manner directed by the Board.
32(2)If the Board is satisfied that a supplier has not fully reported the number of tires supplied in accordance with subsection 30(1), has not remitted fees fully in accordance with subsection (1) or has otherwise reported or remitted fees in a manner that is in violation of this Regulation, the Board may serve written notice on the supplier requiring payment of the following amounts:
(a) the full amount of the fees that the Board believes 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.
32(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.
32(4)A supplier served with a written notice under subsection (2) shall pay the amounts set out in the notice in accordance with the notice.
32(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.
32(6)The Board may, under the signature of the proper officer, issue a certificate setting out the name of a supplier 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
33The Board shall use the fees, interest and penalties remitted or paid to it under this Part solely to meet its purposes as established under the Act and this Regulation in relation to the management of scrap tires and for no other purpose.
5
DESIGNATED MATERIAL - PAINT
Definitions
34The following definitions apply in this Part.
“consumer” means a person who uses paint for his or her own purpose, and not for the purpose of resale. (consommateur)
“engineered landfill” means a sanitary landfill with the following features:(lieu d’enfouissement technique)
(a) a multi-layered containment barrier with engineered liners;
(b) a leachate collection, removal and disposal system;
(c) a groundwater monitoring system; and
(d) surface water run-on and run-off control.
“retailer” means a person who sells or offers for sale paint in the Province to a consumer. (détaillant)
“reuse” , with respect to waste paint, means to process in such a way that it is capable of being used by a consumer as paint. (réutiliser)
“reuse rate” means the amount of paint (excluding containers) reused under a paint stewardship plan divided by the amount of paint (excluding containers) collected that may be reused, expressed as a percentage. (taux de réutilisation)
Paint as designated material
35Paint is a designated material for the purposes of section 22.1 of the Act.
Restriction on supply of paint
36No brand owner shall sell, offer for sale or distribute paint to a person in the Province unless the brand owner holds a valid registration as a brand owner.
Submission of paint stewardship plan
37(1)A brand owner shall, with its application for registration under this Regulation, submit a paint stewardship plan for approval of the Board.
37(2)A paint stewardship plan shall apply to the manufacture, storage, collection, transportation, recycling, disposal or other handling of paint that is sold, offered for sale or distributed within the Province.
Transitional provisions respecting registration
38(1)A brand owner who is selling, offering for sale or distributing paint within the Province immediately before the commencement of this Regulation shall submit an application for registration within 30 days after the commencement of this Regulation.
38(2)A brand owner referred to in subsection (1) is not required to submit a paint stewardship plan with its application for registration, but shall ensure that a plan is submitted no later than 90 days after the date of commencement of this Regulation.
38(3)Notwithstanding section 36, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing paint within the Province until the Board renders its decision in respect of the brand owner’s application for registration.
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 upon receiving notice of the Board’s proposal to refuse.
Contents of paint stewardship plan
39A paint stewardship plan shall provide for the following:
(a) the collection of waste paint in New Brunswick, including the waste paint of other brand owners;
(b) the management of waste paint in adherence to the following order of preference:
(i) reuse;
(ii) recycle;
(iii) disposal in an engineered landfill; and
(iv) recovery of energy;
(c) the brand owner’s plan for achieving a 70% reuse rate;
(d) a description of the efforts being made by the brand owner to redesign paint products to improve reusability and recyclability;
(e) a communications plan for informing consumers of the brand owner’s paint stewardship plan and the location of return depots, in addition to the brand owner’s obligations under section 46;
(f) the establishment of return depots that will ensure reasonable and free consumer access for the return of waste paint;
(g) the assessment of the performance of the brand owner’s plan by an independent auditor; and
(h) the elimination or reduction of the environmental impacts of waste paint.
Approval or imposition of paint stewardship plan
40(1)Where a paint stewardship plan has been submitted to the Board, the Board shall, as soon as practicable,
(a) approve the plan for a period of time not to exceed 5 years, or
(b) reject the plan with written reasons.
40(2)Where the Board rejects a paint stewardship plan, it may
(a) require the brand owner to comply with a paint stewardship plan prepared and approved by the Board, or
(b) require the brand owner to resubmit a paint stewardship plan within the period of time specified by the Board.
40(3)The Board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit a paint stewardship plan within the period of time specified under paragraph (2)(b).
40(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 5 years.
40(5)If the Board rejects a paint 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, as the case may be.
Compliance with paint stewardship plan
41A brand owner shall implement and comply with the paint stewardship plan as approved or imposed by the Board under section 40.
Renewal of paint stewardship plan
42(1)At least 90 days before the expiry date of a paint stewardship plan approved or imposed by the Board, a brand owner shall submit a paint stewardship plan to the Board for review and approval.
42(2)Sections 39 to 41 apply with the necessary modifications to a plan submitted under this section.
Amendment of paint stewardship plan
43(1)The Board may amend an approved or imposed paint 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.
43(2)A brand owner may at any time apply to have its paint stewardship plan amended and sections 39 to 41 apply with the necessary modifications to the application.
Reuse rate
44A brand owner shall ensure that it achieves a reuse rate for waste paint of at least 70% within one year after the commencement of this Regulation, and that it achieves such reuse rate in each subsequent calendar year.
Annual report and other information
45(1)A brand owner shall, on or before April 30 in each year, provide the Board with an annual report detailing the effectiveness of the paint stewardship plan during the previous calendar year including, but not limited to, the following:
(a) the total amount of waste paint collected in New Brunswick by the brand owner;
(b) the total amount of waste paint processed or in storage;
(c) the percentage of waste paint collected that was reused, recycled, disposed of in an engineered landfill, recovered for energy, contained, or otherwise treated or disposed of;
(d) a description of the types of processes utilized to reuse, recycle, dispose of in an engineered landfill, recover energy from, contain, or otherwise treat or dispose of, waste paint;
(e) a description of efforts to redesign paint products to improve reusability and recyclability;
(f) the location of return depots;
(g) the location of any processing or containment facilities for waste paint;
(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 paint stewardship plan;
(j) an assessment of the performance of the brand owner’s plan prepared by an independent auditor; and
(k) any other information requested by the Board that relates to the paint stewardship program.
45(2)At the same time a brand owner submits its annual report, it shall provide the Board a statement in writing as to the total amount of paint sold by it during the previous calendar year.
45(3)The information provided to the Board by the brand owner under subsection (2) shall be treated as confidential.
Consumer information
46(1)A brand owner shall provide to each retailer of its paint, educational and consumer material, including printed handouts, that informs consumers about
(a) the brand owner’s paint stewardship plan,
(b) access to return depots, and
(c) the environmental and economic benefits of participating in the paint stewardship plan.
46(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.
46(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 paint 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 paint takes place.
46(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
47No brand owner shall charge a retailer and no retailer shall charge a consumer any 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.
Fees
48(1)The Board may charge a brand owner such fees as are 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 paint.
48(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).
48(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.
48(4)The Board shall assess up to one-half of the amount determined under subsection (1) on or before the first day of April of the fiscal year in respect of which the costs are incurred, and assess the remaining amount after the first day of December of that fiscal year.
Remittance of fees, imposition of interest and penalties
49(1)A brand owner shall remit fees referred to in section 48 at the times and in the manner directed by the Board.
49(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.
49(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.
49(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.
49(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.
49(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
50The 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 paint as established under the Act and this Regulation and for no other purpose.
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INSPECTIONS
Appointment of agent to conduct inspections
51The Board may designate any person as its agent to conduct inspections under section 52.
Inspections
52(1)At any reasonable time and upon presentation of proof of identification, an inspector may
(a) enter any land or premises, other than a dwelling house, and conduct an inspection of the land, premises or personal property where or with which any person distributes, supplies, packages, labels, uses, stores, collects, transports, recycles, processes, disposes of or otherwise handles a designated material,
(b) conduct an audit of records maintained by or on behalf of a registrant, or
(c) examine any record maintained by or on behalf of a registrant.
52(2)At the request of an inspector, a person in charge of land or premises entered under this section shall produce for inspection all records maintained by or on behalf of a registrant.
52(3)An inspector may remove any record produced as a result of a request or discovered during the inspection for the purpose of making copies or taking extracts, together with any equipment, hardware or other thing necessary to enable access to the records.
52(4)If the inspector consents, the person in charge of land, premises or personal property being inspected may provide the inspector with copies of any record or other thing for the purposes of removal instead of providing the original.
52(5)An inspector removing any record, equipment, hardware or other thing or copies of them under subsection (3) or (4) shall first provide a receipt for them to the person in charge of the land, premises or personal property and, subject to subsection (7), shall promptly return them to the person in charge after completion of making copies or taking extracts.
52(6)Copies of or extracts from any record or other thing removed from land or premises under this Regulation and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the record or other thing of which they are copies or from which they are extracts.
52(7)An inspector may seize and detain any record, equipment, hardware or other thing discovered which the inspector believes on reasonable grounds may afford evidence of the commission of an offence under the Act or this Regulation during an inspection under subsection (1).
52(8)No person shall obstruct or hinder a person conducting an inspection under this section.
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REPEAL AND COMMENCEMENT
Repeal
53New Brunswick Regulation 96-82 under the Clean Environment Act is repealed.
Commencement
54This Regulation comes into force on May 1, 2008.
N.B. This Regulation is consolidated to April 25, 2008.