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Newfoundland Regulation 1996


NEWFOUNDLAND REGULATION 103/96

NEWFOUNDLAND REGULATION 103/96

Beverage Container Control Regulations
under the
Packaging Material Act
(O.C. 96‑855)

Under the authority of subsection 4(2) and section 6 of the Packaging Material Act, the Lieutenant‑Governor in Council makes the following regulations.

Dated at St. John's, November 4, 1996.

Wayne Green
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Board

        4.   Trust fund

        5.   Inspectors

        6.   Beverage containers

        7.   Deposits

        8.   Returns and refunds

        9.   Depots

      10.   Board's operating budget

      11.   Offence

      12.   Transitional

      13.   Commencement


Short title

        1. These regulations may be cited as the Beverage Container Control Regulations.

Definitions

        2. In these regulations

             (a)  "alcoholic liquor" means alcoholic liquor as defined in the Liquor Control Act;

             (b)  "beverage" means a ready‑to‑serve liquid intended for human consumption, including

                      (i)  carbonated or non‑carbonated soft drinks,

                     (ii)  bottled water, naturally or artificially carbonated,

                    (iii)  fruit juices and fruit drinks,

                    (iv)  vegetable juices, and

                     (v)  alcoholic liquor,

but does not include milk and infant formulas;

             (c)  "beverage container" means a container which contains or has contained a beverage delivered sealed to a retailer, including beverage containers which are made of

                      (i)  glass,

                     (ii)  steel,

                    (iii)  aluminum,

                    (iv)  plastic,

                     (v)  aseptic packaging or tetra‑paks, or

                    (vi)  another recyclable material

but does not include

                   (vii)  refillable beverage containers,

                  (viii)  plastic cups, styrofoam cups or other unsealed containers sold to service industries for on site consumption by consumers,

                    (ix)  a beverage container in excess of 5 litres,

                     (x)  a beverage container which contains or has contained premixed fountain beverages,

                    (xi)  a beverage container which contains or has contained concentrated products;

             (d)  "deposit" means an amount of money paid by a person who purchases from a distributor or retailer a beverage in a beverage container;

             (e)  "depot" means a depot which is operating in accordance with a permit given under section 9;

              (f)  "depot operator" means a person who owns, manages or operates a depot;

             (g)  "distributor" means a person who

                      (i)  manufactures beverages in the province,

                     (ii)  by wholesale or other means, sells beverages in beverage containers to retailers,

                    (iii)  bottles beverages in beverage containers for sale in the province, or

                    (iv)  is a retailer described in subsection 7(8);

             (h)  "inspector" means a person appointed as an inspector by the board under subsection 5(1);

              (i)  "label" includes any sticker, words or markings on a beverage container or the lid, cap or cover of that beverage container which identifies the product;

              (j)  "refillable" means a beverage container which can be returned to a distributor for reuse as a beverage container and for which the distributor has established a system for the collection of those beverage containers;

             (k)  "refund" means that portion of a deposit which is paid in cash to a consumer for the return of a beverage container to a depot;

              (l)  "retailer" means a person who sells beverages in beverage containers to a consumer for consumption on or off the premises and includes a person who sells by a coin‑operated vending machine; and

            (m)  "trust fund" means the Newfoundland and Labrador Waste Management Trust Fund established under section 4.

Board

        3. (1) The powers, duties, functions and responsibilities of the board include

             (a)  managing the beverage container control program, including managing the deposit refund system set out in these regulations;

             (b)  investigating the feasibility of initiating stewardship programs with respect to other materials;

             (c)  management of the trust fund;

             (d)  employment of staff to carry out its duties;

             (e)  supervising and directing inspectors appointed under section 5;

              (f)  collection of deposits and remittance of payments in accordance with sections 7 and 8;

             (g)  entering into contractual arrangements with depots and depot operators;

             (h)  entering into contractual arrangements for the transportation and processing of beverage containers; and

              (i)  making by‑laws to govern the procedures of the board.

             (2)  The board shall consist of not fewer than 7 members appointed by the minister.

             (3)  The membership of the board shall include

             (a)  one representative of distributors;

             (b)  one consumer representative;

             (c)  one representative of the Department of Industry, Trade and Technology;

             (d)  one representative of the Department of Environment and Labour;

             (e)  one representative of the Department of Municipal and Provincial Affairs; and

              (f)  2 or more representatives‑at‑large chosen by the minister.

             (4)  Members of the board shall be appointed for a term of 3 years and are eligible for reappointment.

             (5)  Notwithstanding subsection (4), of the members of the board first appointed

             (a)  3 of the members of the board shall be appointed for a term of one year;

             (b)  2 of the members of the board shall be appointed for a term of 2 years; and

             (c)  at least 2 of the members of the board shall be appointed for a term of 3 years.

             (6)  The minister shall appoint a member of the board as a chairperson.

             (7)  The remuneration paid by the board to members of the board shall be set by the Lieutenant‑Governor in Council.

             (8)  The board shall submit annual reports to the minister in a form directed by the minister.

             (9)  The board shall submit to the minister a proposal for the budget of the board and the minister may approve or reject the board's budget.

           (10)  Where the minister rejects a budget submitted to the minister, the minister may give directions in the preparation of an amended budget for the board, including directions relating to the operation of the board.

Trust fund

        4. (1) The Newfoundland and Labrador Waste Management Trust Fund is established.

             (2)  A person or organization may apply to the board for a grant or loan from the trust fund.

             (3)  An application shall be in a form required by the board.

             (4)  The board may, subject to the approval of the minister, grant, reject, partially grant or grant, subject to conditions, an application made under subsection (2).

             (5)  In making a decision under subsection (4), the board shall consider whether or not the application directly relates to the basic objectives of waste and litter management, and whether or not the application includes

             (a)  support for the development of municipal, institutional or regional recycling programs;

             (b)  support for the development and upgrading of engineered regional waste disposal sites;

             (c)  support for the investigation and demonstration of new technologies which enhance recycling, litter control and waste management;

             (d)  support for research, training, educational and promotional programs which enhance recycling, litter control and waste management; or

             (e)  support for market analysis and feasibility studies related to business opportunities resulting from waste management activities.

Inspectors

        5. (1) The board may appoint inspectors to enforce the regulations.

             (2)  An inspector may at a reasonable time

             (a)  enter and inspect a place, vehicle or equipment used for the selling, handling, collecting, sorting or storing of beverage containers; and

             (b)  inspect books, accounts, reports or records kept at a place or vehicle used for the selling, handling, collecting, sorting or storing of beverage containers.

             (3)  A person shall not obstruct an inspector from carrying out his or her duties.

Beverage containers

        6. (1) A distributor shall not manufacture, sell or distribute a beverage in a beverage container unless

             (a)  the beverage container is refillable or recyclable; and

             (b)  the beverage container is registered under subsection (4).

             (2)  A distributor shall apply to the board to register with the board those beverage containers which that distributor manufactures, sells, distributes or bottles in the province.

             (3)  An application for registration referred to in subsection (2) shall be in a form required by the board and shall contain the information required by the board.

             (4)  The board may approve, reject or approve subject to conditions an application for registration of beverage containers and shall notify a distributor in writing of its decision.

             (5)  In making a decision under subsection (4), the board may consider

             (a)  the size, shape, colour, composition and UPC code of the beverage container; and

             (b)  whether or not there is an adequate notice on the beverage container which informs the consumer that the beverage container can be returned for refund.

Deposits

        7. (1) A distributor shall collect a deposit in accordance with subsections (2) and (3) on a beverage container purchased by a retailer or a consumer.

             (2)  The deposit collected on a beverage container shall be $0.06.

             (3)  Notwithstanding subsection (2), where a beverage container contains alcoholic liquor the deposit collected on that beverage container shall be $0.20.

             (4)  A deposit collected by a distributor is held in trust by that distributor for the board.

             (5)  A distributor shall remit deposits collected under subsection (1) to the board on a monthly basis or more frequently if directed to do so by the board.

             (6)  A remittance shall be made within 7 days of the end of a month or within 7 days of the request of the board.

             (7)  Notwithstanding subsections (5) and (6), the board may negotiate an agreement respecting the remittance of deposits collected with a distributor.

             (8)  Where a retailer

             (a)  manufactures beverages in the province;

             (b)  bottles beverages in beverage containers in the province; or

             (c)  imports beverages in beverage containers into the province,

and sells those beverages on his or her premises, that retailer shall be considered a distributor for the purposes set out in sections 6 and 7.

             (9)  Where a retailer

             (a)  has beverages in beverage containers on his or her premises on January 15, 1997; and

             (b)  has not paid a deposit on the beverage containers referred to in paragraph (a),

that retailer shall pay a deposit to the board in accordance with subsections (2) and (3) on those beverage containers.

Returns and refunds

        8. (1) A depot operator shall pay a refund in accordance with subsections (2) and (3) on a beverage container returned to that depot operator by a person.

             (2)  The refund paid out on a beverage container shall be $0.03.

             (3)  Notwithstanding subsection (2), where a beverage container has contained alcoholic liquor the refund paid out on that beverage container shall be $0.10.

             (4)  A depot operator shall not refuse to accept a beverage container for refund, except where

             (a)  the beverage container is broken, crushed or contaminated;

             (b)  the beverage container has no labelling which identifies the product; or

             (c)  the beverage container was rejected or discarded by the manufacturer during the manufacturing process.

             (5)  The board shall collect beverage containers from a depot in accordance with the terms and conditions of a permit granted under subsection 9(3).

             (6)  A depot operator or depot shall not negligently or wilfully misrepresent the number or type of beverage containers which are collected by the board under subsection (5).

Depots

        9. (1) A person shall not operate a depot without a permit.

             (2)  A person may apply to the board for a permit to operate a depot.

             (3)  The board may approve, reject or approve, subject to conditions, an application made under subsection (2).

             (4)  An application made under subsection (2) shall be in a form required by the board and shall contain the information required by the board.

             (5)  A permit given under this section shall prescribe the terms and conditions under which a depot shall operate.

             (6)  The board may cancel a permit to operate a depot

             (a)  where a depot operator fails to comply with a provision of the Act or regulations; or

             (b)  where a depot operator does not fulfil a condition which was prescribed by the board when the permit was given.

             (7)  The board may authorize alternative collective schemes where a depot does not exist.

Board's operating budget

     10. (1) The board shall retain

             (a)  the total amount of deposits remitted to the board under subsection 7(5),

minus

             (b)  the total amount paid out under permits given to operate depots under subsection 9(5)

for the board's operating budget.

             (2)  Where the proceeds of subsection (1) exceed the expenditures of the board, those surplus funds shall be paid to the trust fund.

Offence

     11. (1) A person who fails to comply with subsection 6(1) is guilty of an offence and is liable to a fine of $5,000.

             (2)  A person who fails to comply with a provision of section 7 is guilty of an offence and is liable to a fine.

             (3)  Subject to section 7 of the Act, a fine given under subsection (2) shall be equal to the total amount of deposits that would have been paid or collected by the person had he or she complied with section 7.

             (4)  A depot or depot operator who fails to comply with subsection 8(6) is guilty of an offence and liable to a fine.

             (5)  Subject to section 7 of the Act, a fine given under subsection (4) shall be twice the amount that the depot has claimed from the board.

             (6)  Where a person commits an offence under these regulations and as a result of that offence

             (a)  the board pays out an amount that would not have been paid had the offence not been committed; or

             (b)  the board does not receive an amount which would have been remitted to the board if the offence had not been committed,

then a court, upon convicting the offender, shall order the offender to pay to the board the amount paid out or not received referred to in paragraphs (a) and (b).

Transitional

     12. Notwithstanding another provision of these regulations, the minister may exercise a power which is given to the board under these regulations before April 15, 1997.

Commencement

      13. (1) Paragraph 6(1)(b) and sections 7 and 8 shall come into force on January 15, 1997.

             (2)  Paragraphs 6(1)(a) and 6(5)(b) shall come into force on July 15, 1997.

             (3)  The remainder of the regulations come into force on November 8, 1996.