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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 90/99

NEWFOUNDLAND REGULATION 90/99

Waste Management Regulations
under the
Waste Management Act
(O.C. 99-281)

(Filed October 21, 1999)

Under the authority of section 7 of the Waste Management Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johnís, October 21, 1999.

John R. Cummings, Q.C.
Clerk of the Executive Council

REGULATIONS

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††††††††† PART I
MULTI-MATERIALS STEWARDSHIP BOARD

††††††† 3. Composition of the board

††††††† 4. Remuneration of the board

††††††† 5. Annual report

††††††† 6. Budget of the board

††††††† 7. Powers of the board

††††††† 8. Duties of the board

††††††† 9. Power to delegate

††††† 10. Trust fund

††††† 11. Inspectors

††††††††††††† PART II
BEVERAGE CONTAINER
CONTROL PROGRAM

††††† 12. Definitions - Part II

††††† 13. Beverage containers

††††† 14. Deposits

††††† 15. Interpretation

††††† 16. Depots

††††† 17. No depot

††††† 18. Returns and refunds

††††† 19. Program operating budget

††††† 20. Offence

††††† 21. Repeal

††††† 22. Commencement


Short title

††††††† 1. These regulations may be cited as the Waste Management Regulations.

Definitions

††††††† 2. In these regulations

†††††††††††† (a)"board" means the Multi-Materials Stewardship Board;

†††††††††††† (b)"inspector" means a person appointed as an inspector under subsection 11(1); and

†††††††††††† (c)"trust fund" means the Newfoundland and Labrador Waste Management Trust Fund continued under section 10.

PART I
MULTI-MATERIALS STEWARDSHIP BOARD

Composition of the board

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

†††††††††††† (2)The board shall include

†††††††††††† (a)one representative of distributors under Part II;

†††††††††††† (b)one representative of consumers;

†††††††††††† (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.

†††††††††††† (3)A member of the board shall be appointed for a term of 3 years and is eligible for reappointment.

†††††††††††† (4)A member of the board whose appointment has expired continues to be a member of the board until a successor is appointed.

†††††††††††† (5)The minister shall designate one member of the board to be chairperson.

†††††††††††† (6)Where there is a vacancy on the board, the minister shall appoint a successor, in accordance with subsection (2), who shall hold office for the remainder of the unexpired term of the member being replaced, and the successor is eligible for reappointment.

Remuneration of the board

††††††† 4. The Lieutenant-Governor in Council shall set the remuneration to be paid to a member of the board.

Annual report

††††††† 5. The board shall submit an annual report to the minister in a form and at a date prescribed by the minister.

Budget of the board

††††††† 6. (1) The board shall, not later than a date to be set by the minister, submit to the minister a budget for the next financial year containing

†††††††††††† (a)detailed estimates of expenses of the board for the next financial year;

†††††††††††† (b)detailed estimates of expenses for each waste management program for the next financial year;

†††††††††††† (c)detailed estimates of revenue of the board for the next financial year from all sources;

†††††††††††† (d)estimates of a surplus projected to accrue to the board in the current financial year;

†††††††††††† (e)an estimate of the amount to be paid into the trust fund under subsection 19(2); and

††††††††††††† (f)other information that may be required by the minister.

†††††††††††† (2)The minister may approve or disapprove a budget submitted by the board.

†††††††††††† (3)The minister may give a direction to the board in the preparation of its budget, including a direction relating to the operation of the board or a waste management program.

†††††††††††† (4)The board shall not in a financial year incur, contract for or become liable for an expenditure or debt that is more than the estimated expenditure or debt set out in its annual budget except with the prior written approval of the minister.

†††††††††††† (5)The minister may appoint a person to examine the books of account and other financial records of the board and, at the request of that person, the board shall provide him or her with its books of account and other financial records and an officer or employee of the board shall answer questions pertaining to them and provide other assistance that the person may request.

†††††††††††† (6)The board shall use revenue from a waste management program for its expenses.

Powers of the board

††††††† 7. The board may

†††††††††††† (a)investigate the feasibility of a waste management program;

†††††††††††† (b)employ staff;

†††††††††††† (c)enter into a contractual arrangement to carry out its duties and responsibilities;

†††††††††††† (d)subject to the approval of the minister, make by-laws to govern the procedures of the board; and

†††††††††††† (e)prescribe a form for the purpose of these regulations, including a form to be used for an application to the board.

Duties of the board

††††††† 8. The board shall

†††††††††††† (a)implement and operate a waste management program approved by the minister;

†††††††††††† (b)implement and operate a waste management program in accordance with these regulations;

†††††††††††† (c)manage the trust fund;

†††††††††††† (d)supervise and direct inspectors; and

†††††††††††† (e)direct the collection and disposition of money under a waste management program.

Power to delegate

††††††† 9. Subject to the approval of the Lieutenant-Governor in Council, the board may delegate a power or a duty assigned to it under section 7 or 8 to another person or body and that person or body shall exercise the power or duty according to the terms of the legislation. 

Trust fund

†††† 10. (1) The Newfoundland and Labrador Waste Management Trust Fund established under section 4 of the Beverage Container Control Regulations is continued.

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

†††††††††††† (3)Subject to the approval of the minister, the board may grant or refuse in whole or in part an application under subsection (2), or may grant the application subject to conditions.

†††††††††††† (4)In making a decision under subsection (3), the board shall include consideration of whether the application relates directly to the basic objectives of waste management, and whether the application includes

†††††††††††† (a)support for the development of a municipal, institutional or regional recycling program which supports existing programs approved by the minister;

†††††††††††† (b)support for the planning, development and upgrading of a regional or municipal waste management system;

†††††††††††† (c)support for workshops, seminars or educational or promotional programs or activities which would enhance waste management;

†††††††††††† (d)support for community service groups, municipalities, schools and others for waste material cleanup activities;

†††††††††††† (e)support for government or board initiatives for waste management;

††††††††††††† (f)support for the investigation and demonstration of new technologies that would enhance waste management; and

†††††††††††† (g)support for market analysis and feasibility studies related to business development opportunities resulting from a waste management activity.

Inspectors

†††† 11. (1) The board may appoint inspectors to determine compliance with the Act and regulations.

†††††††††††† (2)For the purpose of determining compliance with the Act and regulations, an inspector may at a reasonable time and without a warrant enter and inspect a vehicle, equipment, place and premises, other than a dwelling place, and may demand the production of and inspect the books, documents, papers, correspondence and records, and a person occupying or in charge of the vehicle, equipment, place or premises shall answer questions pertaining to compliance with the Act and regulations, and shall produce for inspection and the making of copies or extracts the books, documents, papers, correspondence and records that the inspector may demand.

†††††††††††† (3)Where an inspector believes on reasonable grounds that a person has contravened the Act or regulations, the inspector may, with a warrant issued under subsection (4), at a reasonable time enter a vehicle, equipment, place or premises, and may examine and remove for the purpose of making copies, books, documents, papers, correspondence and records that the inspector believes on reasonable grounds contain information relevant to the enforcement of the Act and regulations.

†††††††††††† (4)A Provincial Court judge or justice of the peace who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is in a vehicle, equipment, place or premises anything that shall afford evidence with respect to an offence under the Act or regulations may issue a warrant authorizing an inspector named in the warrant to enter and search that vehicle, equipment, place or premises and to make those inquiries and copies of books, documents, papers, correspondence and records that are considered necessary, subject to those conditions that may be specified in the warrant.

†††††††††††† (5)The owner or person in charge of the vehicle, equipment, place or premises referred to in this section and every person found in the vehicle, equipment, place or premises shall give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and functions under this section and shall furnish information which the inspector may reasonably require.

†††††††††††† (6)Notwithstanding subsection (3), an inspector may exercise the power of search referred to in that subsection without a warrant issued under subsection (4) where the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

†††††††††††† (7)For the purpose of subsection (6), "exigent circumstances" include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

†††††††††††† (8)A person contravenes these regulations who interferes with or hinders an inspector conducting a search or making an investigation or exercising a right or discharging a duty conferred or imposed on him or her by the Act or regulations.

PART II
BEVERAGE CONTAINER
CONTROL PROGRAM

Definitions - Part II

†††† 12. In this Part

†††††††††††† (a)"alcoholic liquor" means alcoholic liquor as defined in the Liquor Corporation Act but does not include beer;

†††††††††††† (b)"beer" means beer as defined in the Liquor Corporation Act;

†††††††††††† (c)"beverage" means a ready-to-serve liquid intended for human consumption, including

††††††††††††††††††††† (i)a carbonated or non-carbonated soft drink,

†††††††††††††††††††† (ii)bottled water, naturally or artificially carbonated,

††††††††††††††††††† (iii)a fruit juice or fruit drink,

††††††††††††††††††† (iv)a vegetable juice,

†††††††††††††††††††† (v)beer, and

††††††††††††††††††† (vi)alcoholic liquor,

but does not include,

†††††††††††††††††† (vii)milk,

††††††††††††††††† (viii)an infant formula, or

††††††††††††††††††† (ix)all medicinal nutritional supplements formulated for special dietary needs;

†††††††††††† (d)"beverage container" means a container that contains or has contained a beverage delivered sealed to a retailer where the container is made of

††††††††††††††††††††† (i)glass,

†††††††††††††††††††† (ii)steel,

††††††††††††††††††† (iii)aluminium,

††††††††††††††††††† (iv)plastic,

†††††††††††††††††††† (v)aseptic packaging, or

††††††††††††††††††† (vi)other recyclable material,

but does not include

†††††††††††††††††† (vii)a plastic cup, styrofoam cup or other unsealed container sold to a service industry for on-site consumption, or

††††††††††††††††† (viii)a container that

††††††††††††††††††††††††††† (A)is refillable,

††††††††††††††††††††††††††† (B)holds more than 5 litres,

††††††††††††††††††††††††††† (C)contains or has contained a premixed fountain beverage, or

††††††††††††††††††††††††††† (D)contains or has contained a concentrated product;

†††††††††††† (e)"deposit" means an amount of money paid to the distributor or retailer by the purchaser of a beverage in a beverage container;

††††††††††††† (f)"depot" means a place where used beverage containers are collected;

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

†††††††††††† (h)"distributor" means a person who

††††††††††††††††††††† (i)manufactures a beverage in the province,

†††††††††††††††††††† (ii)by wholesale or other means, sells a beverage in a beverage container to a retailer,

††††††††††††††††††† (iii)bottles a beverage in a beverage container for sale in the province, or

††††††††††††††††††† (iv)is described in section 15;

††††††††††††† (i)"label" includes a sticker, word or marking on a beverage container or the lid, cap or cover of a beverage container which identifies the contents;

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

†††††††††††† (k)"refund" means the amount paid for the delivery of a beverage container to a depot; and

††††††††††††† (l)"retailer" means a person who sells a beverage in a beverage container for consumption on or off its premises and includes a person who sells by a coin-operated vending machine.

Beverage containers

†††† 13. (1) A distributor shall not manufacture, sell or distribute a beverage in a beverage container unless the beverage container is

†††††††††††† (a)refillable or recyclable; and

†††††††††††† (b)registered under this section.

†††††††††††† (2)Upon application by a distributor, the board may register a beverage container, and may prescribe terms and conditions in the registration.

†††††††††††† (3)In determining whether to register a beverage container, the board shall include consideration of

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

†††††††††††† (b)whether there is on the container an adequate notice that it may be returned for refund.

†††††††††††† (4)The board may cancel the registration of a beverage container.

Deposits

†††† 14. (1) A distributor shall collect a deposit of $0.06 when a beverage in a beverage container is purchased, but where the beverage container contains alcoholic liquor, the deposit collected shall be $0.20.

†††††††††††† (2)A deposit collected by a distributor shall be held in trust for the board by the distributor.

†††††††††††† (3)A distributor shall remit a deposit held in trust under subsection (2) to the board in accordance with an agreement with the board or, in the absence of an agreement, within 7 days after the end of a month.

†††††††††††† (4)Notwithstanding subsection (3), the board may direct the distributor to remit the deposit held in trust under subsection (2), and the distributor shall remit the deposit within 7 days after receiving the direction of the board.

†††††††††††† (5)A beverage in a beverage container is considered to be purchased where, for the purpose of marketing or sales promotion, the purchaser receives the beverage without cost or at a reduced cost.

Interpretation

†††† 15. For the purpose of sections 13 and 14, where a retailer

†††††††††††† (a)manufactures a beverage in the province;

†††††††††††† (b)bottles a beverage in a beverage container in the province; or

†††††††††††† (c)imports a beverage in a beverage container into the province,

and sells the beverage on its premises, the retailer shall be considered to be a distributor.

Depots

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

†††††††††††† (2)The board may issue a permit to operate a depot, and may prescribe terms and conditions in the permit.

†††††††††††† (3)The board may cancel a permit to operate a depot where the depot operator fails to comply with a provision of the Act or regulations or a term or condition of the permit.

No depot

†††† 17. (1) The board may authorize an alternate collection scheme for beverage containers where a depot does not exist.

†††††††††††† (2)Section 18 applies, with the necessary changes, to a collection scheme under subsection (1).

Returns and refunds

†††† 18. (1) A depot operator shall pay a refund of $0.03 on a beverage container delivered to the depot, but where the beverage container contained alcoholic liquor the refund shall be $0.10.

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

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

†††††††††††† (b)the beverage container has no labelling which identifies what it contained; or

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

Program operating budget

†††† 19. (1) The board shall use revenue from a program under this Part for the implementation and operating expenses of the program.

†††††††††††† (2)Notwithstanding paragraph 8(e), in accordance with a direction of the minister, the board shall pay into the trust fund an amount prescribed by the minister after consultation with the board.

Offence

†††† 20. (1) A person who fails to comply with subsection 13(1) is guilty of an offence and is liable to a fine of not more than $5,000.

†††††††††††† (2)A person who fails to comply with a provision of section 14 is guilty of an offence and is liable to a fine equal to the amount of the deposits that would have been collected or remitted by the distributor had he or she complied with the provision.

†††††††††††† (3)A depot operator who negligently or wilfully misrepresents the number or type of beverage containers for which compensation is claimed from the board is guilty of an offence and liable to a fine equal to twice the amount claimed at the time the misrepresentation is made.

†††††††††††† (4)A person who fails to comply with a reasonable request of an inspector under section 11 is guilty of an offence and liable on summary conviction to a fine of not more than $600 or 30 daysí imprisonment for a first offence and not more than $1,000 or imprisonment for a term of not more than one year for a subsequent offence.

†††††††††††† (5)Where a person is convicted of an offence under these regulations and as a result

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

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

the court shall, in addition to imposing a fine, order the offender to pay to the board the amount paid out or not received under paragraphs (a) and (b).

Repeal

††††† 21. The Beverage Container Control Regulations, Newfoundland Regulation 103/96, are repealed.

Commencement

††††† 22. Paragraphs 12(a), (b) and (c) and subsection 14(5)are considered to have come into force on January 15, 1997.