Acts and Regulations

2008-54 - Designated Materials

Full text
Current to 1 January 2024
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)
“beverage” means a ready-to-serve liquid that is intended for human consumption but does not include milk, plant-based milk product alternatives that are fortified and a source of protein, unprocessed apple cider, concentrated drinks, infant formula, meal replacements or formulated liquid diets. (boisson)
“beverage container” means a sealed container, including all its component parts, that contains a beverage in a maximum quantity of five litres, and includes a box or similar container used to contain, protect, handle, deliver or present refillable glass beer bottles. (récipient à boisson)
“Board” means the body corporate continued under section 3 under the name Recycle New Brunswick. (commission)
“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;
(b.1) in Part 5.2, with respect to an electronic product sold, offered for sale or distributed in or into the Province, a person who
(i) is a manufacturer of electronic products,
(ii) is a distributor of electronic products,
(iii) is an owner or licensee of a registered or unregistered trademark under which electronic products are sold, offered for sale or distributed, or
(iv) if an electronic product is imported into the Province, is the first person to sell the electronic product;
(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;
(b.3) in Part 5.4, with respect to pharmaceutical products and medical sharps sold, offered for sale or distributed in or into the Province, a person who
(i) is a manufacturer of pharmaceutical products or medical sharps,
(ii) is a distributor of pharmaceutical products or medical sharps,
(iii) is an owner or licensee of a registered or unregistered trademark under which pharmaceutical products or medical sharps are sold, offered for sale or distributed, or
(iv) if a pharmaceutical product or medical sharp is imported into the Province, is the first person to sell the pharmaceutical product or medical sharp;
(b.4) in Part 5.5, with respect to beverage containers sold, offered for sale or distributed in or into the Province, a person who
(i) is a manufacturer of beverage containers,
(ii) is a distributor of beverage containers,
(iii) is an owner or licensee of a registered or unregistered trademark under which beverage containers are sold, offered for sale or distributed, or
(iv) if beverage containers are imported into the Province, is the first person to sell the beverage containers; and
(c) in all other Parts, a person referred to in paragraph (a), (b), (b.1), (b.2), (b.3) or (b.4).
“fiscal year” means the fiscal year established by the Board in its by-laws. (exercice financier)
“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.
“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)
“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)
“medical sharp” means a needle, safety engineered needle, lancet or other similar instrument that is designed, for medical purposes, to puncture the skin of a consumer or their companion animal and includes anything affixed to the medical sharp, including a syringe. (objet médical pointu ou tranchant)
“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)
“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.
“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, 50.11 or 50.91
(b) Repealed: 2023-20
(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.
“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.
“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.
“pharmaceutical product” means a drug as defined in section 2 of the Food and Drugs Act (Canada) and a natural health product as defined in subsection 1(1) of the Natural Health Products Regulations made under that Act, but does not include(produit pharmaceutique)
(a) a food as defined in section 2 of the Food and Drugs Act (Canada),
(b) a cosmetic as defined in section 2 of the Food and Drugs Act (Canada),
(c) a drug that is a radiopharmaceutical as defined in Part C of the Food and Drug Regulations made under the Food and Drugs Act (Canada),
(d) a drug for veterinary use except a drug for veterinary use in a consumer’s companion animal,
(e) a topical substance that does not contain an antibiotic, antifungal or analgesic, or
(f) a drug that is represented as being solely for use as a disinfectant on hard non-porous surfaces.
“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” , with respect to tires, 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)
2012-92; 2013-82; 2015-57; 2021-76; 2022-73; 2023-20
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.
2021, c.44
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 local government 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.
2017, c.20, s.22
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, 48, 50.26, 50.45, 50.67, 50.85 or 50.981 in a manner compatible with the purposes of the Board.
2021-76; 2022-73; 2023-20
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 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).
2012-92
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 stewardship plan.
2012-92
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;
(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;
(b.2) with respect to the electronic 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;
(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;
(b.4) with respect to the pharmaceutical products and medical sharps 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;
(b.5) with respect to the beverage containers stewardship program, beginning in 2025, 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 and Local Government 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.
2012, c.39, s.38; 2012-92; 2015-57; 2021-76; 2022-73; 2023-20
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, 50.26, 50.45, 50.67, 50.85 or 50.981 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.
2012-92; 2015-57; 2021-76; 2022-73; 2023-20
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,
(b) the management of paint, if the money is recovered from a brand owner under Part 5,
(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,
(d) the management of electronic products, if the money is recovered from a brand owner under Part 5.2,
(e) the management of packaging and paper, if the money is recovered from a brand owner under Part 5.3,
(f) the management of pharmaceutical products and medical sharps, if the money is recovered from a brand owner under Part 5.4, and
(g) the management of beverage containers, if the money is recovered from a brand owner under Part 5.5.
2012-92; 2015-57; 2021-76; 2022-73; 2023-20
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 and Local Government 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.
2012, c.39, s.38
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, except for tires with respect to a vehicle referred to in subsection (4.1);
(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(4.1)If a vehicle, as defined in the Motor Vehicle Act, is purchased outside the Province, on the first registration of that vehicle in the Province, the person registering the vehicle shall remit to the Board the fees, if any, referred to in subsection (4) in relation to the tires on that vehicle.
31(4.2)A person referred to in subsection (4.1) shall remit fees at the times and in the manner directed by the Board.
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.
2013-82; 2021-76
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 the person’s 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)
2021-76
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.
Designation of agent
2012-92
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.
2012-92
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 submit a plan 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 on receiving notice of the Board’s decision to refuse the application.
2012-92; 2021-76
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.
2021-76
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)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
(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 plan.
45(2)Subject to subsection (2.1), 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 paint sold by it during the previous calendar year.
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.
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.
2012-92; 2021-76; 2022-73
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 program.
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).
2012-92
Passing on of costs
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.
2012-92
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 established in 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.
2021-76
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.
2015-57
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.
5.1
DESIGNATED MATERIAL - OIL, OIL FILTERS AND GLYCOL
2012-92
Definitions
2012-92
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 the person’s 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)
2012-92; 2021-76
Oil, oil filters and glycol as designated material
2012-92
50.11Oil, oil filters, oil containers, glycol and glycol containers are designated as materials for the purposes of section 22.1 of the Act.
2012-92
Restriction on supply of oil, oil filters and glycol
2012-92
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.
2012-92
Submission of oil and glycol stewardship plan
2012-92
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.
2012-92
Designation of agent
2012-92
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.
2012-92
Transitional provisions respecting registration
2012-92
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.
2012-92; 2021-76
Contents of oil and glycol stewardship plan
2012-92
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.
2012-92; 2021-76
Approval or imposition of oil and glycol stewardship plan
2012-92
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.
2012-92
Compliance with oil and glycol stewardship plan
2012-92
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.
2012-92
Renewal of oil and glycol stewardship plan
2012-92
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.
2012-92; 2021-76
Amendment of oil and glycol stewardship plan
2012-92
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.
2012-92
Recovery rates for oil, oil filters and oil containers
2012-92
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%.
2012-92
Recovery rates for glycol and glycol containers
2012-92
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%.
2012-92
Annual report and other information
2012-92
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 plan.
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.
2012-92; 2021-76; 2022-73
Consumer information
2012-92
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).
2012-92; 2021-76
Passing on of costs
2012-92
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.
2012-92
Fees
2012-92
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 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.
2012-92; 2021-76
Remittance of fees, imposition of interest and penalties
2012-92
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.
2012-92; 2021-76
Use of fees, interest and penalties
2012-92
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.
2012-92
5.2
DESIGNATED MATERIAL - ELECTRONIC PRODUCTS
2015-57
Definitions
2015-57
50.3The following definitions apply in this Part.
“consumer” means a person who uses an electronic product for the person’s own purpose, and not for the purpose of resale.(consommateur)
“electronic product” means a product intended for consumer, industrial or commercial use and(produit électronique)
(a) includes
(i) a television,
(ii) a desktop, laptop and notebook computer and the computer’s central processing unit, keyboard, mouse and cable,
(iii) a computer monitor,
(iv) a computer desktop printer and a desktop printer with scanning or fax capabilities,
(v) a desktop scanner,
(vi) an audio and video playback and recording system,
(vii) a telephone,
(viii) a cellular phone and other wireless communication devices,
(ix) a fax machine,
(x) a personal digital assistant and other similar handheld devices not capable of connecting to the Internet,
(xi) a digital camera, and
(xii) an analog or digital video camera, and
(b) does not include factory-installed audio, video or communication devices developed for embedded use in motor vehicles.
“electronic waste” means an electronic product that, through use, storage or handling, can no longer be used for its original purpose.(déchet électronique)
“retailer” means a person who sells or offers for sale an electronic product in the Province to a consumer.(détaillant)
“return facility” means a collection facility that accepts electronic waste from persons who wish to return it and that is identified as a collection facility in an approved electronic products stewardship plan. (point de récupération)
“reuse” , with respect to electronic products, 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)
2015-57; 2021-76
Electronic product as designated material
2015-57
50.31An electronic product is a designated material for the purposes of section 22.1 of the Act.
2015-57
Restriction on supply of electronic products
2015-57
50.32No brand owner shall sell, offer for sale or distribute an electronic product to a person in the Province unless the brand owner is registered with the Board.
2015-57
Submission of electronic products stewardship plan
2015-57
50.33(1)With its application for registration under this Regulation, a brand owner shall submit an electronic products stewardship plan for approval by the Board.
50.33(2)An electronic products stewardship plan shall apply to the manufacture, storage, collection, transportation, recycling, disposal or other handling of electronic products that are sold, offered for sale or distributed within the Province.
2015-57
Designation of agent
2015-57
50.34A 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.
2015-57
Transitional provisions respecting registration
2015-57
50.35(1)A brand owner who is selling, offering for sale or distributing electronic products 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.
50.35(2)A brand owner referred to in subsection (1) is not required to submit an electronic products stewardship plan with the application for registration, but shall ensure that a plan is submitted no later than 180 days after the date of commencement of this section.
50.35(3)A brand owner shall implement the electronic products stewardship plan referred to in subsection (2) within 180 days after the plan is approved by the Board.
50.35(4)Despite section 50.32, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing electronic products within the Province until the Board renders its decision in respect of the brand owner’s application for registration.
50.35(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 electronic products immediately on receiving notice of the Board’s decision to refuse the application.
2015-57; 2021-76
Contents of electronic products stewardship plan
2015-57
50.36An electronic products stewardship plan shall contain the following:
(a) a plan for the collection, transportation, storage, reuse and recycling of electronic waste in the Province, including the electronic waste of other brand owners;
(b) information on the expected number of units or weight of electronic waste to be collected, reused, refurbished, recycled or recovered, as well as the expected associated costs;
(c) information with respect to
(i) return facilities to be used by consumers,
(ii) adherence to established vendor qualification standards;
(d) information on the population and geographic area to be served;
(e) a plan for the provision of services to remote or rural areas, if applicable;
(f) a plan for the management of electronic waste in adherence to the following order of preference:
(i) reuse;
(ii) recycle;
(iii) recovery of energy; and
(iv) disposal in compliance with the Act;
(g) a description of the efforts being made by the brand owner to redesign electronic products to improve reusability and recyclability;
(h) a communications plan for informing consumers of the brand owner’s electronic products stewardship plan, including the consumer’s reasonable and free access to return facilities;
(i) the location of any long-term storage, containment or final treatment and processing facilities for electronic waste;
(j) a description of how electronic waste will be managed in a manner that employs environmental, human health and safety standards that meet or are more strict than applicable laws; and
(k) a plan for the elimination or reduction of the environmental impacts of electronic waste.
2015-57; 2021-76
Approval or imposition of electronic products stewardship plan
2015-57
50.37(1)As soon as practicable after an electronic 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.
50.37(2)If the Board rejects an electronic products stewardship plan, the Board may
(a) require the brand owner to comply with an electronic products stewardship plan prepared and approved by the Board, or
(b) require the brand owner to resubmit an electronic products stewardship plan within the period of time specified by the Board.
50.37(3)The Board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit an electronic products stewardship plan within the period of time specified by the Board under paragraph (2)(b).
50.37(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.
50.37(5)If the Board rejects an electronic 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.
2015-57
Compliance with electronic products stewardship plan
2015-57
50.38A brand owner shall implement and comply with the electronic products stewardship plan as approved or imposed by the Board under section 50.37.
2015-57
Renewal of electronic products stewardship plan
2015-57
50.39(1)At least 90 days before the expiry date of an electronic products stewardship plan approved or imposed by the Board, a brand owner shall submit an electronic products stewardship plan to the Board for review and approval.
50.39(2)Sections 50.36 to 50.38 apply with the necessary modifications to a plan submitted under this section.
2015-57; 2021-76
Amendment of electronic products stewardship plan
2015-57
50.4(1)The Board may amend an approved or imposed electronic 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.
50.4(2)A brand owner may at any time apply to have its electronic products stewardship plan amended and sections 50.36 to 50.38 apply with the necessary modifications to the application.
2015-57; 2021-76
Performance measures and targets
2015-57; 2021-76
50.41(1)Within three years of the approval or imposition of the initial electronic products stewardship plan by the Board, a brand owner shall submit for approval to the Board one or more performance measures used to assess the goals and objectives of the brand owner’s electronic products stewardship plan as well as the targets set by the brand owner for each of the performance measures.
50.41(2)When the information with respect to performance measures has been submitted to the Board under subsection (1), the Board shall, as soon as practicable,
(a) approve the performance measures and targets, or
(b) reject the performance measures and targets with reasons.
50.41(3)If the Board rejects the performance measures and targets, the Board may
(a) require the brand owner to comply with performance measures and targets prepared and approved by the Board, or
(b) require the brand owner to resubmit performance measures and targets within the period of time specified by the Board.
50.41(4)The Board may suspend the registration of a brand owner if the brand owner does not submit performance measures and targets within the period of time specified under paragraph (3)(b).
50.41(5)If the Board rejects the performance measures and targets submitted by a brand owner and does not act under subsection (3), the Board shall suspend or cancel the registration of the brand owner.
50.41(6)The performance measures and targets approved or imposed by the Board shall be included in all subsequent electronic products stewardship plans submitted to the Board by the brand owner.
2015-57; 2021-76
Annual report and other information
2015-57
50.42(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 electronic products stewardship plan during the previous calendar year including, but not limited to, the following:
(a) the total amount, by weight, of electronic waste collected in New Brunswick by the brand owner;
(b) the total amount of electronic waste processed or in storage;
(c) the percentage of electronic waste collected that was reused, recycled, recovered for energy, contained, or otherwise treated or disposed of;
(d) a description of the types of processes utilized to reuse, recycle, recover energy from, contain, or otherwise treat or dispose of, electronic waste;
(e) a description of efforts to redesign electronic products to improve reusability and recyclability;
(f) the location of return facilities;
(g) the location of any processing or containment facilities for electronic 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 electronic products stewardship plan;
(j) an assessment of the performance of the brand owner’s electronic products stewardship plan that is prepared by an independent auditor; and
(k) any other information requested by the Board that relates to the electronic products stewardship plan.
50.42(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 electronic products sold by it during the previous calendar year.
50.42(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 50.34, the report or statement and sales information shall include only the aggregate information of all of the brand owners represented by the agent.
50.42(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 50.34 shall be treated as confidential.
2015-57; 2021-76; 2022-73
Consumer information
2015-57
50.43(1)A brand owner shall provide to each retailer of its electronic products, educational and consumer material that informs consumers about
(a) the brand owner’s electronic products stewardship plan,
(b) access to return facilities, and
(c) the environmental and economic benefits of participating in the brand owner’s electronic products stewardship program.
50.43(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.
50.43(3)A retailer shall post or distribute the educational and consumer material it receives from brand owners at an area inside the retailer’s premises where electronic products are displayed.
50.43(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).
2015-57; 2021-76
Passing on of costs
2015-57
50.44(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 an electronic products stewardship plan, or costs associated with supplying material under section 50.43.
50.44(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 the electronic product, and
(b) into the sales price of the electronic product on the receipt of sale.
50.44(3)A brand owner or a retailer is not prohibited from informing the public that the price of an electronic product includes costs recovered under subsection (1) and communicating those costs to the public.
2015-57; 2021-76
Fees
2015-57
50.45(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 electronic products.
50.45(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).
50.45(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.
50.45(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.
2015-57; 2021-76
Remittance of fees, imposition of interest and penalties
2015-57
50.46(1)A brand owner shall remit fees referred to in section 50.45 at the times and in the manner directed by the Board.
50.46(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.
50.46(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.
50.46(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.
50.46(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.
50.46(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.
2015-57; 2021-76
Use of fees, interest and penalties
2015-57
50.47The 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 electronic products as established under the Act and this Regulation and for no other purpose.
2015-57; 2021-76
5.3
DESIGNATED MATERIAL – PACKAGING
AND PAPER
2021-76
Definitions
2021-76
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)
2021-76
Packaging and paper as designated materials
2021-76
50.51Packaging and paper are designated materials for the purposes of section 22.1 of the Act.
2021-76
Non-application of requirements
2021-76
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.
2021-76
Restriction on supply of packaging and paper
2021-76
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.
2021-76
Duties of brand owner with respect to the Minister of Local Government and Local Governance Reform, regional service commissions and local governments
2021-76
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 rural 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.
2021-76; 2021, c.44, s.33
Submission of packaging and paper products stewardship plan
2021-76
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.
2021-76
Designation of agent
2021-76
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.
2021-76
Transitional provisions respecting registration
2021-76
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.
2021-76
Contents of packaging and paper products stewardship plan
2021-76
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.
2021-76
Approval or imposition of packaging and paper products stewardship plan
2021-76
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.
2021-76
Compliance with packaging and paper products stewardship plan
2021-76
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.
2021-76
Renewal of packaging and paper products stewardship plan
2021-76
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.
2021-76
Amendment of packaging and paper products stewardship plan
2021-76
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.
2021-76
Performance measures and targets
2021-76
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.
2021-76
Annual report and other information
2021-76
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.
2021-76
Consumer information
2021-76
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).
2021-76
Passing on of costs
2021-76
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.
2021-76
Fees
2021-76
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.
2021-76
Remittance of fees, imposition of interest and penalties
2021-76
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.
2021-76
Use of fees, interest and penalties
2021-76
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.
2021-76
5.4
DESIGNATED MATERIAL – PHARMACEUTICAL PRODUCTS
AND MEDICAL SHARPS
2022-73
Definitions
2022-73
50.7The following definitions apply in this Part.
“consumer” means a person who uses a pharmaceutical product or medical sharp for the person’s own purpose or for that of their companion animal, and not for the purpose of resale.(consommateur)
“pharmaceutical product and medical sharp waste” means any pharmaceutical product or medical sharp that is no longer required or can no longer be used by a consumer.(déchets de produits pharmaceutiques et déchets médicaux pointus ou tranchants)
“retailer” means a person who sells or offers for sale pharmaceutical products or medical sharps in the Province to a consumer.(détaillant)
“return facility” means a collection facility that accepts pharmaceutical product and medical sharp waste from persons who wish to return it, and that is identified as a collection facility in an approved pharmaceutical products and medical sharps stewardship plan. (point de récupération)
2022-73
Pharmaceutical products and medical sharps as designated materials
2022-73
50.71Pharmaceutical products and medical sharps are designated materials for the purposes of section 22.1 of the Act.
2022-73
Restriction on supply of pharmaceutical products and medical sharps
2022-73
50.72No brand owner shall sell, offer for sale or distribute pharmaceutical products or medical sharps to a person in the Province unless the brand owner is registered with the Board.
2022-73
Submission of pharmaceutical products and medical sharps stewardship plan
2022-73
50.73(1)With its application for registration under this Regulation, a brand owner shall submit a pharmaceutical products and medical sharps stewardship plan for approval by the Board.
50.73(2)A stewardship plan shall apply to the manufacture, storage, collection, transportation, processing or other handling of pharmaceutical products and medical sharps that are sold, offered for sale or distributed within the Province.
2022-73
Designation of agent
2022-73
50.74A 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.
2022-73
Transitional provisions respecting registration
2022-73
50.75(1)A brand owner who is selling, offering for sale or distributing pharmaceutical products or medical sharps 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.
50.75(2)A brand owner referred to in subsection (1) is not required to submit a pharmaceutical products and medical sharps stewardship plan with the application for registration, but shall ensure that a stewardship plan is submitted no later than 180 days after the date of commencement of this section.
50.75(3)A brand owner shall implement the stewardship plan referred to in subsection (2) within 180 days after the stewardship plan is approved by the Board.
50.75(4)Despite section 50.72, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing pharmaceutical products and medical sharps within the Province until the Board renders its decision in respect of the brand owner’s application for registration.
50.75(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 pharmaceutical products and medical sharps immediately on receiving notice of the Board’s decision to refuse the application.
2022-73
Contents of pharmaceutical products and medical sharps stewardship plan
2022-73
50.76A pharmaceutical products and medical sharps stewardship plan shall contain the following:
(a) the plan for the collection, transportation, storage and processing of pharmaceutical product and medical sharp waste within the Province, including the pharmaceutical product and medical sharp waste of other brand owners;
(b) information on the expected quantity or weight of pharmaceutical products and medical sharps, by material type, to be distributed within the Province and the expected quantity or weight of pharmaceutical product and medical sharp waste, by material type, to be collected or processed;
(c) information on the province-wide collection system, including information with respect to return facilities, by material type, to be used by the consumer;
(d) a description of how existing collection and processing systems were considered to maximize waste diversion in the Province;
(e) the geographical areas that will be used for annual reporting purposes;
(f) the plan for the provision of services to remote or rural areas;
(g) the plan for the management of pharmaceutical product and medical sharp waste, by material type, in adherence to the following order of preference:
(i) recycling;
(ii) recovery of energy; and
(iii) disposal in compliance with the Act;
(h) information on current and future research and development activities in the Province related to the management of pharmaceutical products and medical sharps;
(i) the communications plan to inform consumers of the stewardship plan, including the consumer’s reasonable and free access to collection methods;
(j) the location of any long-term storage, containment or final treatment and processing facilities for pharmaceutical products and medical sharps;
(k) a description of how pharmaceutical product and medical sharp 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;
(l) the plan for the elimination or reduction of the environmental impacts of pharmaceutical product and medical sharp waste, by material type;
(m) a description of greenhouse gas emission impacts that will result from the implementation of the stewardship plan and opportunities for reducing those impacts;
(n) a description of the material types that will be used for performance measures and targets and annual reporting purposes; and
(o) a dispute resolution procedure to deal with disputes arising between the brand owner and a service provider.
2022-73
Approval or imposition of pharmaceutical products and medical sharps stewardship plan
2022-73
50.77(1)As soon as practicable after a pharmaceutical products and medical sharps stewardship plan has been submitted to the Board, the Board shall
(a) approve the stewardship plan for a period of time not to exceed five years, or
(b) reject the stewardship plan with written reasons.
50.77(2)If the Board rejects a pharmaceutical products and medical sharps stewardship plan, the Board may require the brand owner to
(a) comply with a stewardship plan prepared and approved by the Board, or
(b) resubmit a stewardship plan within the period of time specified by the Board.
50.77(3)The Board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit a stewardship plan within the period of time specified by the Board under paragraph (2)(b).
50.77(4)A stewardship plan referred to in paragraph (2)(a) expires on the date set by the Board, but the period of time for which the stewardship plan is to be effective shall not exceed five years.
50.77(5)If the Board rejects a 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.
2022-73; 2023-20
Compliance with pharmaceutical products and medical sharps stewardship plan
2022-73
50.78A brand owner shall implement and comply with the pharmaceutical products and medical sharps stewardship plan as approved or imposed by the Board under section 50.77.
2022-73
Renewal of pharmaceutical products and medical sharps stewardship plan
2022-73
50.79(1)At least 90 days before the expiry date of a pharmaceutical products and medical sharps stewardship plan approved or imposed by the Board, a brand owner shall submit a stewardship plan to the Board for review and approval.
50.79(2)Sections 50.76 to 50.78 apply with the necessary modifications to a stewardship plan submitted under this section.
2022-73
Amendment of pharmaceutical products and medical sharps stewardship plan
2022-73
50.8(1)The Board may amend an approved or imposed pharmaceutical products and medical sharps 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.
50.8(2)A brand owner may at any time apply to have its stewardship plan amended and sections 50.76 to 50.78 apply with the necessary modifications to the application.
2022-73
Performance measures and targets
2022-73
50.81(1)Within two years after the approval or imposition of the initial pharmaceutical products and medical sharps stewardship plan by the Board and in each subsequent stewardship 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 stewardship plan as well as the targets, by material type, set by the brand owner for each of the performance measures.
50.81(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.
50.81(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.
50.81(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).
50.81(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.
2022-73
Annual report and other information
2022-73
50.82(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 pharmaceutical products and medical sharps stewardship plan during the previous calendar year including, but not limited to, the following:
(a) the total amount of pharmaceutical product and medical sharp waste, by material type,
(i) collected within the Province, and
(ii) collected within the geographical areas specified in the stewardship plan;
(b) the total amount of pharmaceutical product and medical sharp waste, by material type, processed or in storage;
(c) the amount and percentage of pharmaceutical product and medical sharp waste, by material type, collected that was recycled, recovered for energy, contained, or otherwise treated or disposed of;
(d) a description of the types of processes utilized to recycle, recover energy from, contain, or otherwise treat or dispose of, pharmaceutical product and medical sharp waste, by material type;
(e) a description of collection methods used and, if applicable, the location of return facilities;
(f) the location of any processing or containment facilities for pharmaceutical product and medical sharp waste;
(g) the types of consumer information, educational materials and strategies adopted by the brand owner;
(h) the annual financial statements, as prepared by an independent auditor, of the revenues received and the expenditures incurred by the stewardship plan;
(i) an assessment of the performance of the brand owner’s stewardship plan that is prepared by an independent auditor; and
(j) any other information requested by the Board that relates to the stewardship plan.
50.82(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 pharmaceutical products and medical sharps, by material type, distributed by it during the previous calendar year or during a period of time approved by the Board.
50.82(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 50.74, the report or statement and distribution information shall include only the aggregate information of all of the brand owners represented by the agent.
50.82(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 50.74 shall be treated as confidential.
2022-73
Consumer information
2022-73
50.83(1)On request, a brand owner shall provide to each retailer of its pharmaceutical products and medical sharps, educational and consumer material that informs consumers with respect to
(a) the brand owner’s pharmaceutical products and medical sharps stewardship plan,
(b) access to return facilities, and
(c) the environmental, economic, health and safety benefits of participating in the pharmaceutical products and medical sharps stewardship program.
50.83(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.
50.83(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).
2022-73
Passing on of costs
2022-73
50.84(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 pharmaceutical products and medical sharps stewardship plan, or costs associated with supplying material under section 50.83.
50.84(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 pharmaceutical product or medical sharp, and
(b) into the sales price of the pharmaceutical product or medical sharp on the receipt of sale.
50.84(3)A brand owner or a retailer is not prohibited from informing the public that the price of a pharmaceutical product or medical sharp includes costs recovered under subsection (1) and communicating those costs to the public.
2022-73
Fees
2022-73
50.85(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 pharmaceutical products and medical sharps.
50.85(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).
50.85(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.
50.85(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.
2022-73
Remittance of fees, imposition of interest and penalties
2022-73
50.86(1)A brand owner shall remit the fees provided for in section 50.85 at the times and in the manner directed by the Board.
50.86(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.
50.86(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.
50.86(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.
50.86(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.
50.86(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.
2022-73
Use of fees, interest and penalties
2022-73
50.87The 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 pharmaceutical products and medical sharps as established under the Act and this Regulation and for no other purpose.
2022-73
5.5
DESIGNATED MATERIAL –
BEVERAGE CONTAINERS
2023-20
Definitions
2023-20
50.9The following definitions apply in this Part.
“consumer” means a person who uses a beverage container for the person’s own purpose, and not for the purpose of resale.(consommateur)
“retailer” means a person who sells or offers for sale in the Province beverage containers to a consumer for consumption on or off its premises.(détaillant)
“return facility” means a collection facility that accepts empty beverage containers from persons who wish to return them and that is identified as a collection facility in an approved beverage containers stewardship plan. (point de récupération)
“reuse” , with respect to an empty beverage container, means to process in such a way that the empty beverage container is capable of being used by a consumer in a manner that would be compliant with the Act. (réutiliser)
2023-20
Beverage containers as designated materials
2023-20
50.91Beverage containers are designated materials for the purposes of section 22.1 of the Act.
2023-20
Restriction on supply of beverage containers
2023-20
50.911On or after April 1, 2024, no brand owner shall sell, offer for sale or distribute a beverage container to a person in the Province unless the brand owner is registered with the Board.
2023-20
Transitional provisions respecting registration, stewardship plans, performance measures and targets
2023-20
50.92(1)This section applies to a brand owner who sells, offers for sale or distributes a beverage container within the Province immediately before April 1, 2023.
50.92(2)A brand owner shall, on or before August 1, 2023, submit to the Board for approval the following:
(a) an application for registration;
(b) a beverage containers stewardship plan; and
(c) one or more performance measures, by material type, used to assess the goals and objectives of the brand owner’s stewardship plan as well as the targets, by material type, set by the brand owner for each of the performance measures.
50.92(3)A brand owner shall, on or before March 31, 2024, attempt to enter into an agreement for the provision of services with an owner or operator of a return facility that is in operation on or before that date, and the agreement shall be for a term of at least two years beginning on April 1, 2024.
50.92(4)A brand owner shall implement on April 1, 2024, the beverage containers stewardship plan referred to in paragraph (2)(b) if the Board registers the brand owner and approves or imposes the stewardship plan and the performance measures and targets referred to in paragraph (2)(c).
50.92(5)Despite section 50.911, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing beverage containers within the Province until the Board renders its decision in respect of the brand owner’s application for registration.
50.92(6)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 beverage containers immediately on receiving notice of the Board’s decision to refuse the application.
2023-20
Submission of beverage containers stewardship plan
2023-20
50.921(1)With its application for registration under this Regulation, a brand owner shall submit a beverage containers stewardship plan for approval by the Board.
50.921(2)A stewardship plan shall apply to the manufacture, storage, collection, transportation, reuse, recycling, disposal and other handling of beverage containers that are sold, offered for sale or distributed within the Province.
2023-20
Designation of agent
2023-20
50.93A 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.
2023-20
Contents of beverage containers stewardship plan
2023-20
50.931A beverage containers stewardship plan shall contain the following:
(a) the plan for the collection, transportation, storage, reuse and recycling of empty beverage containers within the Province, including the empty beverage containers of other brand owners;
(b) information on the expected quantity or weight of beverage containers, by material type, to be distributed within the Province and the expected quantity or weight of empty beverage containers, by material type, to be collected, reused, recycled, composted or recovered;
(c) information on the province-wide collection system, including information with respect to return facilities, by material type, to be used by the consumer;
(d) the location of any long-term storage, containment or processing facilities for empty beverage containers;
(e) information on deposit and refund amounts, including a description of how deposits will be collected and refunds remitted;
(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 in remote or rural areas;
(i) the plan for the management of empty beverage containers, 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 beverage containers to improve reusability and recyclability;
(k) information on current and future research and development activities in the Province related to the management of beverage containers;
(l) the communications plan to inform consumers of the stewardship plan, including the consumer’s reasonable and free access to return facilities;
(m) a description of how empty beverage containers 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;
(n) the plan for the elimination or reduction of the environmental impact of empty beverage containers, by material type;
(o) the plan to manage, prevent and reduce the littering of empty beverage containers;
(p) a description of the greenhouse gas emission impact that will result from the implementation of the stewardship plan and opportunities for reducing the impact;
(q) a description of the material types that will be used for performance measures, targets and annual reporting purposes; and
(r) a dispute resolution procedure to deal with disputes arising between the brand owner and a service provider.
2023-20
Approval or imposition of beverage containers stewardship plan
2023-20
50.94(1)As soon as practicable after a beverage containers stewardship plan has been submitted to the Board, the Board shall
(a) approve the stewardship plan for a period of time not to exceed five years, or
(b) reject the stewardship plan with written reasons.
50.94(2)If the Board rejects a beverage containers stewardship plan, the Board may require the brand owner to
(a) comply with a stewardship plan prepared and approved by the Board, or
(b) resubmit a stewardship plan within the period of time specified by the Board.
50.94(3)The Board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit a stewardship plan within the period of time specified by the Board under paragraph (2)(b).
50.94(4)A stewardship plan referred to in paragraph (2)(a) expires on the date set by the Board, but the period of time for which the stewardship plan is to be effective shall not exceed five years.
50.94(5)If the Board rejects a 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.
2023-20
Compliance with beverage containers stewardship plan
2023-20
50.941A brand owner shall implement and comply with the beverage containers stewardship plan as approved or imposed by the Board under section 50.94.
2023-20
Renewal of beverage containers stewardship plan
2023-20
50.95(1)At least 90 days before the expiry date of a beverage containers stewardship plan approved or imposed by the Board, a brand owner shall submit a stewardship plan to the Board for review and approval.
50.95(2)Sections 50.931 to 50.941 apply with the necessary modifications to a stewardship plan submitted under this section.
2023-20
Amendment of beverage containers stewardship plan
2023-20
50.951(1)The Board may amend an approved or imposed beverage containers 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.
50.951(2)A brand owner may at any time apply to have its stewardship plan amended, and sections 50.931 to 50.941 apply with the necessary modifications to the amended plan.
2023-20
Performance measures and targets
2023-20
50.96(1)When a brand owner submits a beverage containers stewardship plan to the Board for review and approval under section 50.95, the brand owner shall also 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 stewardship plan as well as the targets, by material type, set by the brand owner for each of the performance measures.
50.96(2)The Board shall, as soon as practicable after the performance measures and targets have been submitted to the Board under subsection (1),
(a) approve the performance measures and targets, by material type, or
(b) reject the performance measures and targets, by material type, with reasons.
50.96(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.
50.96(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).
50.96(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.
2023-20
Deposit and refund
2023-20
50.961(1)On or after April 1, 2024, a retailer shall collect from a consumer, at the time of the sale of a beverage container, a deposit in the amount specified in the beverage containers stewardship plan, and that amount includes any applicable federal and provincial sales tax.
50.961(2)The amount of the refund for an empty beverage container is equal to the amount of the deposit collected from a consumer for the beverage container.
2023-20
Annual report and other information
2023-20
50.97(1)On or before April 30 in each year, beginning in 2025, a brand owner shall provide the Board with an annual report detailing the effectiveness of the beverage containers stewardship plan during the previous calendar year including, but not limited to, the following:
(a) the total amount of empty beverage containers, by material type,
(i) collected within the Province,
(ii) collected within the geographical areas specified in the stewardship plan, and
(iii) accepted by each return facility;
(b) the total amount of empty beverage containers, by material type, processed or in storage;
(c) the amount and percentage of empty beverage containers, by material type, collected that were 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 empty beverage containers, by material type;
(e) a description of efforts to redesign beverage containers to improve reusability and recyclability;
(f) a description of collection methods used and the location of return facilities;
(g) the location of any containment or processing facilities for empty beverage containers;
(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 stewardship plan;
(j) an assessment of the performance of the brand owner’s stewardship plan that is prepared by an independent auditor; and
(k) any other information requested by the Board that relates to the stewardship plan.
50.97(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 beverage containers, by material type, distributed by it during the previous calendar year or during a period of time approved by the Board.
50.97(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 50.93, the report or statement and distribution information shall include only the aggregate information of all of the brand owners represented by the agent.
50.97(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 50.93 shall be treated as confidential.
2023-20
Consumer information
2023-20
50.971(1)On or after April 1, 2024, a brand owner shall, on request, provide to each retailer of its beverage containers educational and consumer material that informs consumers with respect to
(a) the brand owner’s beverage containers stewardship plan,
(b) access to return facilities, and
(c) the environmental and economic benefits of participating in the beverage containers stewardship program.
50.971(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.
50.971(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).
2023-20
Passing on of costs
2023-20
50.98(1)Subject to subsection (2), on or after April 1, 2024, a brand owner or a retailer, on behalf of a brand owner, may recover from the consumer costs associated with implementing or operating a beverage containers stewardship plan or costs associated with supplying material under section 50.971.
50.98(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 beverage container, and
(b) into the sales price of the beverage container on the receipt of sale.
50.98(3)A brand owner or a retailer is not prohibited from informing the public that the price of a beverage container includes costs recovered under subsection (1) and communicating those costs to the public.
2023-20
Fees
2023-20
50.981(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 beverage containers.
50.981(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).
50.981(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.
50.981(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.
2023-20
Remittance of fees, imposition of interest and penalties
2023-20
50.99(1)A brand owner shall remit the fees provided for in section 50.981 at the times and in the manner directed by the Board.
50.99(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.
50.99(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.
50.99(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.
50.99(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.
50.99(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.
2023-20
Use of fees, interest and penalties
2023-20
50.991The 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 beverage containers as established under the Act and this Regulation and for no other purpose.
2023-20
6
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.
7
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 1, 2023.