Acts and Regulations

2024-37 - Designated Materials

Table of contents
Full text
Current to 4 July 2024
NEW BRUNSWICK
REGULATION 2024-37
under the
Clean Environment Act
(O.C. 2024-166)
Filed July 4, 2024
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)
“brand” means any mark, word, name, symbol, design, device or graphical element, or any combination of them, including a registered or unregistered trademark, which identifies a product and distinguishes it from other products. (marque)
“brand holder” means a person who owns or licences a brand or who otherwise has rights to market a product under that brand. (titulaire de marque)
“consumer” means a person who uses a designated material for the person’s own purpose and not for the purpose of resale. (consommateur)
“designated material waste” means designated material that is no longer required or can no longer be used for its original purpose. (déchets de matière désignée)
“marketplace facilitator” means a person who, either with or without remuneration (facilitateur de marché)
(a) establishes or assists in the establishment of a retail market, or
(b) collects payment from a consumer, directly or indirectly, on behalf of a retailer.
“producer” means a producer of a designated material referred to in section 4. (producteur)
“producer responsibility organization” means a non-profit organization designated by a producer under section 37. (organisme de responsabilité des producteurs)
“retailer” means a person who sells or offers for sale, to a consumer in the Province, a designated material. (détaillant)
“return facility” means a collection facility designated in an approved or imposed stewardship plan that accepts designated material waste from persons who wish to return it. (point de récupération)
“stewardship plan” means a stewardship plan in relation to a designated material that is sold, offered for sale or distributed by a producer. (plan d’écologisation)
“tire supplier” means a person who supplies tires within the meaning of section 3. (fournisseur de pneus)
Supply of tires
3(1)For the purposes of this Regulation, a person supplies a tire within the meaning of subsection 14(1) if the person disposes of or offers to dispose of any interest in a tire by any of the following means:
(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.
3(2)Despite subsection (1), a person who disposes of their interest for the sole purpose of creating a security interest as defined in the Personal Property Security Act or the Bank Act (Canada) shall not be deemed to supply a tire.
Producers of other designated materials
4(1)For the purposes of this section, “permanent establishment” means a permanent establishment as defined in the following provisions of the Income Tax Regulations (Canada):
(a) in the case of a corporation, subsection 400(2); and
(b) in the case of an individual, subsection 2600(2).
4(2)A producer of a designated material referred to in subsection 14(2) shall be one of the following persons:
(a) the brand holder of the designated material if the brand holder has a permanent establishment in Canada;
(b) in the absence of a person referred to in paragraph (a), the importer of the designated material into New Brunswick if the importer has a permanent establishment in New Brunswick; or
(c) in the absence of a person referred to in paragraph (a) or (b), the retailer of the designated material that supplies the designated material to the consumer.
4(3)For the purposes of paragraph (2)(c), when a retailer sells designated materials by means of a physical or electronic marketplace that is owned, controlled or operated by a marketplace facilitator, the marketplace facilitator shall be deemed to be the retailer.
4(4)When a producer referred to in subsection (2) is an enterprise operated in whole or in part under a franchise agreement, the producer shall be deemed to be the franchisor referred to in the agreement, if the franchisee has a permanent establishment in the Province.
4(5)If the producer referred to in subsection (2), (3) or (4) is exempt from an obligation in relation to a designated material under Part 5, the responsibility of the producer in relation to that obligation shall be divided among all other producers of that designated material.
2
RECYCLE NEW BRUNSWICK
Continuation of the stewardship board
5The stewardship board established by the Minister under section 22.1 of the Act, to be known as Recycle New Brunswick, is continued.
Appointment of members
6(1)The stewardship board shall consist of not less than 5 and not more than 12 members appointed by the Minister.
6(2)A member appointed to the stewardship board shall be ordinarily resident in the Province.
6(3)The Minister may appoint a member to the stewardship board for a term not exceeding three years and may reappoint the member for one additional term.
6(4)The Minister may revoke the appointment of a member for cause.
6(5)The stewardship board shall appoint from among themselves a chair and a vice-chair.
6(6)The stewardship board may reappoint or revoke the appointment of a chair or vice-chair.
6(7)If one or more of the positions on the stewardship 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.
6(8)The term of a temporary member expires no later than the day on which the position held by the temporary member is filled in accordance with subsection (1).
Powers of the stewardship board
7(1)Subject to the Act and this Regulation, the stewardship board has, with respect to the purposes set out in subsection 22.1(1) of the Act, the capacity, rights, powers and privileges of a natural person.
7(2)For the purposes of the Act and this Regulation, and without limiting the generality of subsection (1), the stewardship 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 them, finance any of its undertakings through fees and through any other means as may be approved by the Lieutenant-Governor in Council,
(c) make and amend arrangements, agreements and contracts with
(i) the Government of Canada or the government of any province or territory or any other legislative authority,
(ii) a local government in the Province, or
(iii) any other person,
(d) establish and administer, with respect to the manufacture, importation, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of a designated material,
(i) a management program, or
(ii) an oversight program,
(e) operate storage, collection, transportation, recycling, processing or disposal facilities for a designated material,
(f) employ persons, establish their conditions of employment and provide for and pay their compensation and reimbursement,
(g) 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
(h) do any other things as may be incidental to or necessary for the carrying out of its purposes.
By-laws
8The stewardship board shall make by-laws in relation to the following matters:
(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 fixing the number of members required to constitute a quorum, which shall not be less than 50% of the total number of members appointed under subsection 6(1);
(d) respecting the appointment of its officers and providing for reimbursement of their expenses; and
(e) subject to subsection 11(2), establishing rules for its members respecting conflicts of interest.
Budget
9(1)In each fiscal year, the stewardship board shall prepare and approve a balanced annual operating budget for the next fiscal year.
9(2)Despite paragraph 7(2)(b), in any one fiscal year the stewardship 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.
9(3)The stewardship board shall carry forward any surplus or deficit occurring at the end of a fiscal year into the next fiscal year.
9(4)Despite subsection (3), the stewardship board may accrue any budgetary surplus from year to year in a reserve fund, which shall be used to fund the reduction or elimination of the fees payable under sections 33 and 47 in a manner compatible with the purposes of the stewardship board.
Reimbursement of members
10(1)The following definitions apply in this section.
“board-assigned activity” means an activity by which a member of the stewardship board represents the stewardship 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 stewardship board as recorded in the minutes of the stewardship board meeting. (activité assignée)
“stewardship board meeting” means a meeting of the stewardship board or subcommittee of the stewardship board called in accordance with the by-laws. (réunion de la commission d’intendance)
10(2)A member of the stewardship board shall be reimbursed in accordance with the Travel Expenses Policy issued by the Treasury stewardship board, as amended, for travel expenses incurred in the performance of a board-assigned activity or to attend a stewardship board meeting.
10(3)A member, other than an employee as defined in the Civil Service Act, is entitled to be paid an honorarium by the stewardship board of $175 per day for each stewardship board meeting attended by the member.
10(4)The stewardship board shall not, directly or indirectly, pay a member any compensation or other consideration in relation to the member’s activities as a member, other than the reimbursement for expenses referred to in subsection (2) and the honorarium referred to in subsection (3).
Other financial matters respecting members
11(1)The stewardship board shall not give any financial assistance, directly or indirectly, to a member, an officer or an employee of the stewardship board.
11(2)No person shall be employed by, contract with, act as an agent for or otherwise provide goods or services to the stewardship board in exchange for any direct or indirect consideration
(a) while holding office as a member, or
(b) during a 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
12The stewardship board may establish one or more committees to advise it on matters in relation to the development, amendment or implementation of
(a) a tire management plan, or
(b) stewardship plans in relation to any other designated material.
Annual report
13(1)Before September 1 of each year, the stewardship board shall submit to the Minister an annual report which shall include the following information and documents:
(a) respecting the tire stewardship program,
(i) the total number of tires supplied by all tire supplier registration holders,
(ii) the amount of fees paid to the stewardship board, including the amount of interest on outstanding fees and the amount of penalties,
(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 compliance activities,
(viii) a description of other related activities of the stewardship board, and
(ix) a description of emerging trends in the field of scrap tire management;
(b) respecting any other designated material stewardship programs,
(i) the amount of fees paid to the stewardship board, including the amount of interest on outstanding fees and the amount of penalties,
(ii) the results of any inspections conducted under this Regulation,
(iii) a description of all compliance activities, and
(iv) a description of other related activities of the stewardship board;
(c) a summary of each annual report submitted by a producer;
(d) a copy of the stewardship board’s audited financial statement for the previous fiscal year; and
(e) any other information required by the Minister.
13(2)The Minister shall submit the annual report of the stewardship board to the Legislative Assembly each year.
13(3)The stewardship board shall maintain the annual reports submitted to the Minister under subsection (1), and shall publish them on its website.
3
PROHIBITIONS AND REGISTRATION
Prohibitions
14(1)No person shall supply a new tire as defined in section 25 to another person in the Province unless the person holds or acts under the authority of a tire supplier registration.
14(2)No person shall sell, offer for sale or distribute a designated material referred to in Part 5 to another person in the Province unless the person holds or acts under the authority of a producer registration.
Exemptions
15The stewardship board may, in the manner it considers appropriate, exempt a tire supplier or a category of tire suppliers from the requirement to obtain a registration if the stewardship board is satisfied that another tire supplier who holds a registration shall, in accordance with this Regulation,
(a) report the supply of tires by the exempted supplier or category of suppliers to the stewardship board, and
(b) pay the fees normally payable by the supplier in relation to those tires.
Application for registration
16(1)An application for registration shall be submitted on a form provided by the stewardship board and shall include the following information:
(a) the name of the applicant;
(b) a statement indicating whether the application refers to a registration as a tire supplier or a producer and, if applicable, the designated material concerned;
(c) the location of the head office of the applicant and its main place of business within the Province;
(d) the name, address and telephone number of the person to whom any correspondence or inquiries should be directed; and
(e) in the case of an applicant who is a producer, the name, address and telephone number of any designated producer responsibility organization.
16(2)If satisfied that an applicant is in compliance with the Act and this Regulation, the stewardship board may grant, as the case may be,
(a) a tire supplier registration, or
(b) a producer registration for one of the designated materials referred to in Part 5.
Notice of change of information
17A registration holder shall notify the stewardship board within ten days of any change to the information provided in accordance with subsection 16(1).
Refusal of an application for registration
18The stewardship board may refuse an application for registration in the following circumstances:
(a) the stewardship 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 other statutory instrument under those Acts, or a provision in relation to the management or use of a designated material in any other Act of the Legislature, any Act of the Parliament of Canada or any regulation or other statutory instrument under those Acts;
(b) the applicant has not posted security in accordance with the requirements of the stewardship board;
(c) the stewardship board has not approved the applicant’s stewardship plan; or
(d) a registration previously held by the applicant under this Regulation has been cancelled during the previous five years.
Procedure on refusal
19(1)If the stewardship board proposes to refuse an application for registration, it shall serve the applicant with a notice, which shall include
(a) the reasons for refusal, and
(b) information on the objection process under subsection (2).
19(2)An applicant who wishes to object to the refusal of an application shall deliver representations in writing to the stewardship board within 20 days after being served with the notice of refusal.
19(3)On receiving written representations, the stewardship board shall, within 40 days, consider the representations and serve the applicant with written notice of its decision, as the case may be,
(a) to refuse the application for registration, or
(b) to grant the registration.
19(4)In the absence of written representations in accordance with subsection (2), the stewardship board may refuse the application for registration.
Suspension or cancellation
20(1)The stewardship board may suspend a registration in the following circumstances:
(a) the stewardship board is satisfied that the registration holder or any other person acting under the authority of the registration has violated a provision of the Act, the Clean Water Act, the Clean Air Act or any regulation or other statutory instrument under those Acts, or a provision in relation to the management or use of a designated material in any other Act of the Legislature, any Act of the Parliament of Canada or any regulation or other statutory instrument under those Acts;
(b) the registration holder has not posted or has not maintained security in accordance with the requirements of the stewardship board; or
(c) the stewardship board has not approved the stewardship plan of a registration holder.
20(2)The stewardship board may cancel a registration in any of the following circumstances:
(a) a circumstance referred to in subsection (1);
(b) the registration holder has ceased to carry on business as a tire supplier or producer, as the case may be; or
(c) the registration holder has applied to surrender the registration.
20(3)If the stewardship board proposes to suspend or cancel a registration, it shall serve the registration holder with a notice, which shall include
(a) the reasons for suspension or cancellation, and
(b) information on the objection process under subsection (4).
20(4)A registration holder who wishes to object to the suspension or cancellation of a registration shall deliver representations in writing to the stewardship board within 20 days after being served with the notice of suspension or cancellation.
20(5)On receiving written representations, the stewardship board shall, within 40 days, consider the representations and serve the registration holder with written notice of its decision, as the case may be,
(a) to suspend or cancel the registration, or
(b) to decline to suspend or cancel the registration.
20(6)In the absence of written representations under subsection (4), the stewardship board may suspend or cancel the registration.
20(7)Any person whose registration has been suspended or cancelled shall immediately cease to supply new tires or to sell, offer for sale or distribute other designated materials, as the case may be.
20(8)The stewardship board may reinstate a suspended registration if the stewardship board is satisfied that the registration holder 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 is not transferable
21A registration is not transferable.
Security
22(1)For the purposes of ensuring compliance with the Act and this Regulation, the stewardship board may require, at any time, that security be posted by any of the following persons:
(a) an applicant for registration;
(b) a registration holder; or
(c) a person seeking the reinstatement of a suspended registration.
22(2)The required security shall not exceed the following amounts:
(a) in the case of a tire supplier registration, the amount of the fees that the stewardship board considers it may reasonably require of the supplier under section 33 for a two-month period; and
(b) in the case of a producer registration, the amount of the fees that the stewardship board considers it may reasonably require of the producer under section 47 for a six-month period.
22(3)The stewardship board shall serve a person who is required to post security with a written notice that shall include the following information:
(a) the form and amount of the security required;
(b) the nature of the proof required in relation to the posting of the security;
(c) the time within which the security shall be posted; and
(d) the period during which the security shall be maintained.
22(4)A person served with a notice shall, within the time specified in the notice, post security and maintain it in accordance with the notice.
Forfeiture of security
23(1)If a person who is required to pay fees under this Regulation fails or refuses to pay the fees, any security posted by the person shall be forfeited 14 days after the payment is due.
23(2)The stewardship 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 stewardship board as established under the Act and this Regulation in relation to
(a) the management of tires if the money is recovered from a tire supplier, and
(b) the management of designated materials referred to in Part 5 if the money is recovered from a producer.
Hearing
24Nothing in this Regulation requires the stewardship board to hold an oral hearing before making a decision.
4
DESIGNATED MATERIALS – TIRES
Definitions
25The following definitions apply in this Part.
“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)
“scrap tire” means a tire that is no longer suitable for its original intended purpose for any reason, including wear, damage or defect. (pneu usé)
“tire” means a tire that is inflatable, 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)
Designation of tires
26Tires are a designated material for the purposes of section 22.1 of the Act.
Deeming provision
27(1)Every tire 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.
27(2)A tire shall be deemed to be new from the time of its manufacture until immediately after it is first supplied by a tire supplier anywhere.
Importation of scrap tires
28(1)No person shall import a scrap tire into the Province unless the person has first obtained the written permission of the stewardship board.
28(2)The stewardship 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 tire management plan operated by the stewardship board under this Regulation.
28(3)A person shall import a scrap tire in accordance with the directives of the stewardship board as set out in the written permission and in accordance with any applicable Act or other regulation.
Tire management plan
29(1)A tire management plan approved by the Minister and adopted by the stewardship board under New Brunswick Regulation 2008-54 under the Act that is in effect immediately before the commencement of this section remains in effect until it expires.
29(2)Not less than 90 days before the expiry date of a plan, the stewardship board shall adopt a new tire management plan, respecting the form and including the information required by the Minister for implementation of the stewardship board’s responsibilities under the Act and this Regulation and shall submit it to the Minister for review and approval.
29(3)As soon as the circumstances permit after receiving it, the Minister shall render a decision respecting the tire management plan.
29(4)The Minister may approve a tire management plan for a period not exceeding five years.
29(5)The stewardship board may adopt an amendment to an approved tire management plan, and the Minister may approve the amendment.
Implementation of a tire management plan
30The stewardship board shall ensure that an original or amended tire management plan approved by the Minister is implemented in accordance with its intent.
Public consultation on a tire management plan
31(1)The Minister shall keep all original and amended tire management plans that are approved by the Minister under section 29 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.
31(2)The stewardship board shall keep copies of all original and amended tire management plans that are approved by the Minister under section 29 and shall make them available for inspection by the public at its head office during normal business hours.
Reporting and record keeping
32(1)Within 30 days after the last day of a calendar month, a tire supplier registration holder shall report to the stewardship board, on a form provided by the stewardship board, the total number of tires supplied by the registration holder in that month from each location they operate and shall include in the report any other information required by the stewardship board in relation to the supply of tires.
32(2)On the request of a tire supplier registration holder, the stewardship board may authorize the registration holder to make the report required under subsection (1) for a different period and at a different frequency than required under that subsection.
32(3)A tire supplier registration holder shall ensure that their registration number appears on the invoice and sales receipt related to the supply of a tire and, if the person to whom a tire has been supplied is another tire supplier registration holder, that the other registration holder’s registration number also appears on those documents.
32(4)Each tire supplier registration holder shall maintain records in accordance with the directions of the stewardship board in relation to the tires that the registration holder has supplied and shall keep the record of each transaction for a period of seven years.
32(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 paid by tire suppliers
33(1)Subject to subsections (3), (4) and (7), the stewardship board may require a tire supplier to pay to the stewardship board a fee fixed by the stewardship board for each tire supplied by the tire supplier in the Province.
33(2)Subsection (1) does not apply to a tire supplier exempted under section 15.
33(3)The stewardship board shall not require payment of a fee in relation to the following tires:
(a) a retreaded or used tire, except for the tire of a vehicle referred to in subsection (5);
(b) a tire with a rim size of less than 20.32 cm (8.00 in); and
(c) a tire shipped directly outside the Province.
33(4)The fee fixed by the stewardship board shall not exceed the following amounts, exclusive of all applicable taxes:
(a) for a tire with a rim size of 20.32 cm (8.00 in) or more but not exceeding 43.18 cm (17.00 in), $4.50;
(b) for a tire with a rim size exceeding 43.18 cm (17.00 in) but not exceeding 62.23 cm (24.50 in), $13.50; and
(c) despite paragraphs (a) and (b), for a tire of motor driven cycles or motorcycles as defined in the Motor Vehicle Act, $3.
33(5)On the first registration in the Province of a vehicle, as defined in the Motor Vehicle Act, that was purchased outside the Province, the person registering the vehicle shall pay to the stewardship board the fees, if any, provided for in subsection (4) in relation to the tires on that vehicle.
33(6)A person referred to in subsection (5) shall pay fees at the times and in the manner required by the stewardship board.
33(7)No tire supplier shall ask for or receive from any person a sum intended to represent the payment of 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.
Payment of fees, imposition of interest and penalties
34(1)A tire supplier shall pay fees at the times and in the manner required by the stewardship board.
34(2)If the stewardship board is satisfied that a tire supplier has not fully reported the number of tires supplied in accordance with subsection 32(1), has not fully paid fees in accordance with subsection (1) or has otherwise reported or paid fees in a manner that is in violation of this Regulation, the stewardship board may serve notice on the tire supplier requiring payment of the following amounts:
(a) the total amount of the outstanding fees;
(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 stewardship board, which shall not exceed the amount of the outstanding fees.
34(3)A notice of outstanding fees shall set out the time and manner in which the payments required under subsection (2) shall be made.
34(4)A tire supplier served with a notice of outstanding fees shall pay, in accordance with the notice, the amounts set out in the notice.
34(5)All fees, interest and penalties that are not paid to the stewardship board in accordance with the notice constitute a debt due to the stewardship board.
34(6)The stewardship board may, under the signature of the proper officer, issue a certificate setting out the name of a tire supplier who has not paid fees, interest or penalties in accordance with a notice and certifying the total amount of the outstanding fees, interest or penalties, 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 payable.
Use of fees, interest and penalties
35The stewardship board shall use the fees, interest and penalties paid under this Part solely to meet its purposes in relation to the management of tires as established under the Act and this Regulation and for no other purpose.
5
OTHER DESIGNATED MATERIALS
1
General
Application
36This Division applies to each of the designated materials referred to in Divisions 2 to 9.
Designation of a producer responsibility organization
37For the purpose of performing on their behalf the obligations imposed under this Regulation in relation to the management of a designated material,
(a) a producer may designate a producer responsibility organization, and
(b) more than one producer may designate the same producer responsibility organization.
Submission of a stewardship plan
38(1)A producer shall, with its application for registration, submit a stewardship plan for the approval of the stewardship board.
38(2)A stewardship plan shall apply to the manufacture, storage, collection, transportation, recycling, disposal or other handling of designated materials that are imported, sold, offered for sale or distributed within the Province.
Contents of a stewardship plan
39A stewardship plan shall include the following:
(a) information on the storage, collection, transportation, recycling, processing, disposal and other handling of designated material waste, including the designated material waste of other producers;
(b) a description of categories of material to be used for the purposes of annual reports and performance measures and targets;
(c) information on the province-wide collection system to be used by the consumer, including return facilities, by category of material;
(d) the location of storage, recycling, processing, disposal and other handling facilities for designated materials;
(e) information on service delivery to remote or rural areas;
(f) the geographic areas to be used for the purposes of the annual report;
(g) a description of the manner in which existing collection and processing systems have been taken into account to maximize waste diversion in the Province;
(h) a management plan for designated material waste, by category of material, according to the following order of preference:
(i) reuse of the designated material;
(ii) recycling or composting of the designated material;
(iii) recovery of energy produced by the designated material; and
(iv) disposal of the designated material in accordance with the Act;
(i) a description of the efforts being made by the producer to redesign designated materials to improve opportunities for reuse and recycling;
(j) information on current and future research and development activities in the Province related to the management of the designated material;
(k) a communications plan to inform consumers about the stewardship plan, including
(i) information concerning reasonable and free access to a method of collection, and
(ii) a plan for education and awareness;
(l) a management plan for designated material waste, by category of material, which shall provide for the implementation of environmental and human health and safety standards, which shall meet or exceed those provided by applicable law;
(m) a plan for the elimination or reduction of the environmental impacts of designated material waste, by category of material;
(n) a description of greenhouse gas emissions resulting from the implementation of the stewardship plan and opportunities to reduce environmental impact;
(o) a dispute resolution process to deal with disputes between a producer and a service provider; and
(p) information or documents respecting any other matter provided for under Divisions 2 to 9.
Approval or imposition of a stewardship plan
40(1)As soon as the circumstances permit after a stewardship plan has been submitted to the stewardship board, the stewardship board shall
(a) approve the plan for a period which shall not exceed five years, or
(b) reject the plan with written reasons.
40(2)If the stewardship board rejects a stewardship plan, the stewardship board may require the producer
(a) to comply with a stewardship plan prepared by the stewardship board, or
(b) to submit a new stewardship plan within the period specified by the stewardship board.
40(3)The stewardship board may refuse an application for registration or may suspend the registration of a producer if the producer does not submit a new stewardship plan within the period specified under paragraph (2)(b).
40(4)The stewardship board shall set the expiry date of a plan referred to in paragraph (2)(a), which shall not exceed five years from the date it comes into force.
40(5)If the stewardship board rejects a stewardship plan submitted by a producer and does not require the producer to take any of the measures provided in subsection (2), the stewardship board shall refuse to grant a registration to the producer or shall suspend or cancel the registration of the producer, as the case may be.
Renewal of a stewardship plan
41(1)No less than 90 days before the expiry date of a stewardship plan approved or imposed by the stewardship board, a producer shall submit a new stewardship plan to the stewardship board for approval.
41(2)Sections 39 to 40 apply with the necessary modifications to a plan submitted under this section.
Amendment of a stewardship plan
42(1)The stewardship board may amend an approved or imposed stewardship plan
(a) to correct a clerical error, or
(b) to reflect a change in the name or address of a producer.
42(2)A producer may apply to amend its stewardship plan, and sections 39 and 40 apply, with the necessary modifications, to the proposed amendments.
Implementation of a stewardship plan
43(1) Each producer shall implement and comply with a stewardship plan within 180 days of the date of its approval or imposition under section 40.
43(2)In the case of a stewardship plan renewed under section 41 or amended under section 42, each producer shall implement and comply with the stewardship plan from the date of approval of the renewal or amendment.
Performance measures and targets
44(1)Each producer that is subject to a stewardship plan shall submit to the stewardship board for approval one or more performance measures and targets, by category of material, that the producer will use to assess the effectiveness of the plan.
44(2)In the case of an amendment to a plan under section 42, the stewardship board may require the producer to submit new performance measures and targets.
44(3)The performance measures and targets shall be submitted
(a) in the case of a producer’s first plan, within two years following its implementation under section 43,
(b) in the case of a renewed plan, at the time the plan is submitted to the stewardship board under section 41, or
(c) in the case of an amended plan for which the stewardship board requires new performance measures and targets, within the period directed by the stewardship board.
44(4)As soon as the circumstances permit after the performance measures and targets have been submitted to the stewardship board, the stewardship board shall
(a) approve the performance measures and targets, by category of material, or
(b) reject the performance measures and targets, by category of material, with reasons.
44(5)If the stewardship board rejects the performance measures and targets, the stewardship board may
(a) impose its own performance measures and targets, by category of material, or
(b) require the producer to submit new performance measures and targets, by category of material, within the period directed by the stewardship board.
44(6)The stewardship board may suspend or cancel the registration of a producer that does not submit performance measures and targets within the period directed under subsection (3) or paragraph (5)(b).
44(7)The producer shall implement the performance measures and meet the targets that the stewardship board approved under paragraph (4)(a) or imposed under paragraph (5)(a).
Annual report and other information
45(1)On or before May 31 in each year, a producer shall submit an annual report to the stewardship board detailing the effectiveness of the stewardship plan during the previous calendar year, which shall include:
(a) the total amount of designated material waste, by category of material, collected
(i) in the Province, or
(ii) in the geographical areas specified in the stewardship plan;
(b) a description of collection systems used and the location of return facilities, if any;
(c) the amount of designated material waste, by category of material, that was reused, recycled, composted, recovered for the purposes of energy, stored, processed, disposed of or otherwise handled;
(d) a description of the types of processes used to reuse, recycle, compost, recover energy from, store, process, dispose of or otherwise handle designated material waste, by category of material;
(e) the location of any storage, processing or handling facilities for designated material waste;
(f) a description of the efforts to redesign designated materials to improve opportunities for reuse and recycling, by category of material;
(g) the types of consumer information, educational materials and strategies adopted by the producer;
(h) an assessment of the effectiveness of its stewardship plan against the performance measures and the targets that were approved or imposed by the stewardship board;
(i) the annual financial statements, as prepared by an independent auditor, of the revenues received and the expenditures incurred in connection with the stewardship plan;
(j) any other information required by the stewardship board in relation to the stewardship plan.
45(2)Subject to subsection (3), at the same time a producer submits its annual report, the producer shall provide to the stewardship board a statement in writing specifying the total amount of designated materials, by category of material, distributed by the producer during the previous calendar year or during the period approved by the stewardship board.
45(3)When an annual report or a written statement is submitted by a producer responsibility organization, the document shall report only the aggregate information of all of the producers represented by the organization.
45(4)The information provided to the stewardship board under subsection (2) by a producer who is not represented by a producer responsibility organization shall be treated as confidential.
Effectiveness of the stewardship plan
46At the request of the stewardship board, a producer shall provide, within six months, an assessment of the effectiveness of its stewardship plan against the performance measures and the targets that were approved or imposed by the stewardship board, with recommendations for improvements to the plan, prepared by an independent auditor.
Fees payable by producers
47(1)The stewardship board may require a producer to pay fees assessed by the stewardship board to cover the stewardship board’s annual administrative costs in carrying out its duties under the Act and this Regulation in relation to a designated material.
47(2)The annual administrative costs of the stewardship board include office, operational and inspection expenses and the cost of salaries, honorariums, benefits and expenses of employees and members of the stewardship board that are attributable to the stewardship board’s duties referred to in subsection (1).
47(3)The annual administrative costs of the stewardship board incurred or to be incurred, together with any sum needed to make up any deficiency in the assessment for the preceding year, shall be borne equally by each producer.
47(4)The stewardship board shall fix the fees for producers by assessing up to one-half of the amount required under subsection (1) no later than the first day of the fiscal year in respect of which the costs were incurred, and the remaining amount after the first day of the ninth month of that fiscal year.
Payment of fees, imposition of interest and penalties
48(1)A producer shall pay the fees at the times and in the manner required by the stewardship board.
48(2)If the stewardship board is satisfied that a producer has not paid fees in accordance with subsection (1), the stewardship board may serve written notice on the producer requiring payment of the sum of the following amounts:
(a) the total amount of the outstanding fees;
(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 stewardship board, which shall not exceed the amount of the outstanding fees.
48(3)The notice shall include the time and manner in which the payments are to be made.
48(4)A producer served with a notice of outstanding fees shall pay, in accordance with the notice, the amount set out in the notice.
48(5)All fees, interest and penalties that are not paid to the stewardship board in accordance with the notice constitute a debt due to the stewardship board.
48(6)Under the signature of the proper officer, the stewardship board may issue a certificate setting out the name of a producer who has not paid fees, interest or penalties in accordance with a 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 payable.
Use of fees, interest and penalties
49The fees, interest and penalties paid to the stewardship board under this Division in relation to a designated material shall be used only for its purposes in relation to that designated material as established under the Act and this Regulation and for no other purpose.
Passing on of costs
50(1)Subject to subsection (2), a producer or a retailer on behalf of a producer may recover from the consumer the costs associated with implementing or operating a stewardship plan, including the administrative costs referred to in section 47.
50(2)A producer or retailer who recovers costs shall integrate those costs
(a) in the total advertised sales price of a designated material or a product containing or including a designated material, and
(b) in the total sales price appearing on the receipt of sale of a designated material or a product containing or including a designated material.
50(3)A producer or retailer is not prohibited from informing the public that the total sales price of a designated material includes costs recovered under subsection (1) and communicating the amount of those costs to the public.
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Paint
Definition of “paint”
51For the purposes of this Division, “paint” means
(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 industrial or automotive applications or marine antifouling.
Designation of paint
52Paint is a designated material for the purposes of section 22.1 of the Act.
3
Oil and glycol
Definitions
53The following definitions apply in this Division.
“glycol” means ethylene or propylene glycol used or intended for use as coolant for a vehicle or for commercial use, 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.
“glycol container” means a container with a capacity that does not exceed 250 l manufactured for the purpose of holding glycol. (récipient à glycol)
“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 container” means a container with a capacity that does not exceed 250 l manufactured for the purpose of holding oil and includes (récipient à huile)
(a) aerosol containers used to contain products used as cleaner for automotive parts, and
(b) containers used to contain diesel exhaust fluid.
“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.
Designation of oil and glycol
54Oil, oil filters, oil containers, glycol and glycol containers are designated materials for the purposes of section 22.1 of the Act.
4
Electronic products
Definition of “electronic product”
55For the purposes of this Division, “electronic product” means a product intended for consumer, industrial or commercial use and
(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 any other wireless communication devices,
(ix) a fax machine,
(x) a personal digital assistant and any other similar handheld devices not capable of connecting to the Internet,
(xi) a digital camera,
(xii) an analog or digital video camera,
(xiii) an external storage drive and modem,
(xiv) an electronic reader,
(xv) a video game device or peripheral,
(xvi) a global positioning and navigation system,
(xvii) a counter top microwave oven,
(xviii) a floor-standing printer, copier or any floor-standing unit that combines printing, copying, scanning and other functions,
(xix) a floor and carpet care appliance,
(xx) a garment care appliance,
(xxi) a counter top cooking appliance,
(xxii) a device used for cutting food and opening or sealing containers or packages,
(xxiii) a device used for time measurement,
(xxiv) a personal care appliance,
(xxv) a kitchen scale or bathroom scale, and
(xxvi) a portable air treatment unit, excluding air conditioners, and
(b) does not include factory-installed audio, video or communication devices developed for embedded use in motor vehicles.
Designation of electronic products
56Electronic products are designated materials for the purposes of section 22.1 of the Act.
5
Packaging and paper
Definitions
57The following definitions apply in this Division.
“marketing material” means a material, substance or object that is, or is intended to be, attached to a commodity or product or its container for the purpose of marketing or communicating information about the commodity or product. (matériel de marketing)
“packaging” means any material that is used for the containment, protection, handling, delivery or presentation of a product that is supplied to a consumer, any marketing material and any packaging-like products, but does not include (emballage)
(a) a designated material referred to in section 52, 54 or 64, or
(b) packaging that is unsafe or unsanitary, or could become unsafe or unsanitary by virtue of its anticipated use, and is not suitable for recycling.
“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 for recycling.
“paper” means any paper that is supplied 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 for recycling.
Designation of packaging and paper
58 Packaging and paper are designated materials for the purposes of section 22.1 of the Act.
Exemption from requirements
59A packaging or paper producer is exempt from the requirements of this Regulation in the following circumstances: 
(a) the producer generates less than  $2,000,000 in gross annual revenue in the Province;
(b) the producer manufactures, distributes, sells or offers for sale less than one tonne of packaging and paper annually in the Province; or
(c) the producer is a charitable organization registered under the Income Tax Act (Canada).
Specific duties of packaging or paper producers regarding the stewardship plan
60For the purposes of paragraph 39(p), the stewardship plan of packaging or paper producers shall also include the following:
(a) respecting the province-wide collection system to be included in a stewardship plan under paragraph 39(c), information on 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; and
(b) respecting the means used to modify the design of packaging or paper to be included in a stewardship plan under paragraph 39(i), a description of the efforts being made to redesign packaging or paper to reduce the amount of packaging or paper sold, offered for sale or distributed within the Province.
6
Pharmaceutical products and medical sharps
Definitions
61The following definitions apply in this Division.
“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)
“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.
Designation of pharmaceutical products and medical sharps
62 Pharmaceutical products and medical sharps are designated materials for the purposes of section 22.1 of the Act.
7
Beverage containers
Definitions
63The following definitions apply in this Division.
“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 quantity that does not exceed five litres, and includes a box or similar container used to contain, handle, protect, deliver or present refillable glass beer bottles. (récipient à boisson)
Designation of beverage containers
64 Beverage containers are designated materials for the purposes of section 22.1 of the Act.
Specific duties of beverage container producers regarding the stewardship plan
65For the purposes of paragraph 39(p), the stewardship plan of a beverage container producer shall also include the following:
(a) a plan for the prevention and reduction of littering of empty beverage containers; and
(b) the amount of a deposit for a beverage container and how the deposit is collected and refunded.
Deposit and refund
66(1)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 under paragraph 65(b), which shall include any applicable federal and provincial sales tax.
66(2)The amount of the refund for an empty beverage container shall be equal to the amount of the deposit collected from a consumer for the beverage container.
8
Batteries
Definition of “battery”
67For the purposes of this Division, “battery” means a container that does not exceed 5 kg in which chemical energy is converted into electricity and used as a power source, and includes a single-use or rechargeable battery, but does not include a battery contained in a designated material.
Designation of batteries
68 Batteries are designated materials for the purposes of section 22.1 of the Act.
9
Lamps
Definition of “lamp”
69For the purposes of this Division, “lamp” means a replaceable light source designed to produce light from electricity, including but not limited to:
(a) a fluorescent tube;
(b) a compact fluorescent lamp;
(c) a high-intensity discharge lamp;
(d) an incandescent lamp; and
(e) a light-emitting diode lamp.
Designation of lamps
70Lamps are designated materials for the purposes of section 22.1 of the Act.
6
INSPECTIONS
Definition of “inspector”
71In this Part, “inspector” means an agent designated under section 72 or an inspector designated under the Act.
Designation of agents
72The stewardship board may designate any person as its agent to conduct inspections under section 73.
Inspections
73(1)At any reasonable time and on presentation of proof of identity, 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 registration holder, or
(c) examine any record maintained by or on behalf of a registration holder.
73(2)An inspection may include an audit.
73(3)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 registration holder.
73(4)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.
73(5)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.
73(6)An inspector removing any record, equipment, hardware or other thing or copies of them under subsection (4) or (5) shall first provide a receipt for them to the person in charge of the land, premises or personal property and, subject to subsection (8), shall promptly return them after completion of making copies or taking extracts.
73(7)Copies of or extracts from any record or other thing removed by an inspector 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.
73(8)An inspector may detain for the purposes of evidence any document, equipment, hardware or other thing that the inspector discovers while acting under subsection (1) and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of the Act or this Regulation.
73(9)No person shall obstruct or hinder a person conducting an inspection under this section.
7
TRANSITIONAL PROVISIONS,
REPEAL AND COMMENCEMENT
Transitional provisions
Definitions
74The following definitions apply in this Part.
“brand owner” means the holder of a brand owner registration granted under subsection 14(2) of Regulation 2008-54. (propriétaire de marque)
“Regulation 2008-54” means New Brunswick Regulation 2008-54 under the Act. (Règlement 2008-54)
Registrations
75(1)On January 1, 2026,
(a) any producer who, immediately before that date, was also a brand owner shall be deemed to hold a registration granted under paragraph 16(2)(b), and
(b) all brand owner registrations are cancelled.
75(2)A producer who was not a brand owner shall submit an application for registration referred to in section 16 no later than June 30, 2025.
75(3)On the coming into force of this section,
(a) any person who, immediately before the coming into force of this section, was a supplier holding a valid registration under subsection 14(2) of Regulation 2008-54 shall be deemed to hold a tire supplier registration granted under paragraph 16(2)(a), and
(b) Regulation 2008-54 shall not apply to tire suppliers.
Application of Regulation 2008-54
76(1)Each brand owner shall remain bound by Regulation 2008-54 until December 31, 2025, as though that Regulation had not been repealed.
76(2)Subject to subsection (3), between the date of the coming into force of this section and December 31, 2025, the stewardship board may approve any stewardship plan submitted for approval by a brand owner under Regulation 2008-54 as though that Regulation had not been repealed.
76(3)Any stewardship plan approved under Regulation 2008-54 shall be deemed to expire on December 31, 2025.
76(4)Each producer shall submit to the stewardship board a stewardship plan under this Regulation, including the performance measures and targets referred to in section 44, no later than June 30, 2025.
76(5)Each producer referred to in subsection (4) shall implement and comply with the stewardship plan from the date of its approval or imposition by the stewardship board under section 40.
Producers of batteries and lamps
77(1)This section applies to any person who, immediately before the coming into force of this section, sells, offers for sale or distributes batteries or lamps as defined in sections 67 and 69, respectively.
77(2)Despite subsection 75(2), a producer of batteries or lamps shall submit an application for registration no later than October 31, 2024.
77(3)Despite subsection 76(4), a producer of batteries or lamps shall file a stewardship plan no later than December 31, 2024.
77(4)Despite subsection 76(5), a producer of batteries or lamps shall implement and comply with the stewardship plan within 180 days of the date of its approval or imposition by the stewardship board under section 40.
77(5)Despite subsection 76(4), a producer of batteries or lamps shall submit its performance measures and targets within two years of implementation of the stewardship plan.
Right to sell designated materials
78(1)Despite subsection 14(2), any producer referred to in subsection 75(2) or section 77 may sell, offer for sale or distribute the designated materials concerned until the stewardship board renders its decision with regard to the application for registration.
78(2)If the stewardship board refuses to grant a registration under Part 3, the producer referred to in subsection (1) shall cease to sell, offer for sale or distribute the designated materials as soon as the producer receives notice of the stewardship board’s decision.
Producer responsibility organization
79A producer may appoint a producer responsibility organization to represent the producer in relation to the obligations imposed under sections 75 to 77.
Repeal and Commencement
Repeal
80New Brunswick Regulation 2008-54 under the Clean Environment Act is repealed.
Commencement
81This Regulation comes into force on July 15, 2024.
N.B. This Regulation is consolidated to July 4, 2024.