This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland
and Labrador
Waste Management Regulations, 2003 (Filed Under the
authority of section 111 of the Environmental
Protection Act, the Lieutenant-Governor in Council makes the following regulations. Dated at Deborah E.
Fry. REGULATIONS Analysis 1. Short
title 2. Definitions PART I 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 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 PART 21. Definitions 22. Deemed
supply 23. Prohibition 24. Designation 25. Supplier
registration 26. Suspension,
reinstatement and cancellation 27. Security 28. Reports 29. Levy 30. Standards 31. Agreements 32. Repeal Short title 1. These
regulations may be cited as the Waste
Management Regulations, 2003. Definitions 2. In
these regulations (a) "Act" means the Environmental Protection Act; (b) "board"
means the Multi-Materials Stewardship Board; (c) "inspector"
means a person appointed as an inspector under subsection 11(1); and (d) "trust
fund" means the PART I Composition of the board 3. (1) The board shall consist of (a) the deputy minister of the Department of Environment, who may designate an employee of that department to act in his or her place; and (b) not fewer than 7 other members appointed by the minister. (2) The members of the board appointed by the minister shall include (a) one representative of distributors under Part II; (b) one representative of consumers; (c) one representative of the (d) 4 or more representatives-at-large, one of
whom shall be a resident of (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 (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 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 (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 $0.08 when a beverage in a beverage
container is purchased, but where the beverage container contains alcoholic
liquor, the deposit collected shall be $0.20. (1.1) The amount of the deposit referred to in
subsection (1) and the refund of the deposit referred to in section 18 includes
any applicable tax imposed under Part IX of the Excise Tax Act ( (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 $0.05 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 or section 29 is guilty of an offence and is liable on summary conviction to a fine equal to (a) the amount of the deposits that would have been collected or remitted by the distributor under section 14 had that distributor complied with that section; and (b) the amount of the levies that would have been
paid or remitted by the supplier under section 29 had that supplier complied
with that section. (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 days' 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). (6) A person who does not comply with a provision of the Act for which a penalty is not otherwise provided is guilty of an offence and is liable on summary conviction to a fine of not less than $500 and not more than $5,000. PART Definitions 21. (1) In this Part (a) "consumer" means a person who, in the province, is supplied with a new tire for use on a vehicle; (b) "highway" means a highway as defined in the Highway Traffic Act; (c) "new tire" means a tire that is (i) provided with a vehicle, or (ii) provided separately for use on or with a vehicle, and has been manufactured but not first supplied to a consumer; (d) "register" and "registration" means registered under section 25; (e) "supplier" means a person who, in the province, supplies new tires to a consumer; (f) "supply" means to transfer or offer to transfer a property interest by deed, gift, exchange, barter or a transaction by way of sale, lease, option or rental but does not include a transfer for the sole purpose of creating a security interest within the meaning of the Personal Property Security Act or the Bank Act (Canada), (g) "tire" means a tire that is air filled or designed to be air filled and that is designed for use on the wheel of a vehicle; (h) "used tire" means a tire that is post use material and is no longer suitable for its original purpose because of wear, tear, damage, defect or another reason; and (i) "vehicle" means a device in, upon or by which a person or property is or may be transported or drawn upon a highway or private road but does not include (i) a motorized wheelchair, (ii) a device moved by human power, (iii) a vehicle to which the Motorized Snow Vehicles and All Terrain Vehicles Act applies, (iv) a farm implement or farm machinery not used on a highway, and (v) a device used exclusively on fixed rails. Deemed supply 22. A supplier who uses or consumes a new tire in the province is considered to have supplied that tire to another person. Prohibition 23. (1) A person shall not dispose of a tire or a used tire in the province except by disposal (a) to a supplier; (b) in an area of a waste material disposal site established under the Act and approved for that purpose by the minister; (c) in another area that the minister designates for the purpose of the disposal of tires. (2) A supplier shall not refuse to accept tires and used tires for disposal and collection provided that the rate of that tire collection need not exceed the rate of supply of new tires to consumers by that supplier. (3) In the absence of evidence to the contrary, a tire or a used tire shall be considered to have been disposed of in contravention of subsection (1) where that tire or used tire has been gathered, collected, stockpiled, kept or retained in an area. (4) Subsections (1) and (3) shall not apply to a tire that is (a) in actual use on a vehicle; or (b) secondarily used in a manner and for a function for which the tire was not originally designed. (5) Notwithstanding paragraph 2(i), this section shall apply to a tire or used tire from a vehicle referred to in subparagraphs (iii) and (iv) of that paragraph. Designation 24. The minister may designate areas within a waste material disposal site established under the Act and other areas in the province for the disposal and collection of tires for the purposes of the Act and this Part. Supplier registration 25. (1) A supplier shall not supply a new tire to a consumer in the province unless that supplier is registered under this section. (2) The board may, where it considers it to be appropriate, exempt a supplier or a class of suppliers from the application of subsection (1) where, in the opinion of the board, the supply of tires by that supplier or class of suppliers will be reported and levies will be remitted with respect to those tires by another supplier who is registered under this section. (3) The board may impose terms and conditions with respect to an exemption under subsection (2). (4) The board may register a supplier where the (a) supplier makes an application to the board in the form required by the board; (b) supplier provides to the board the information that the board may require; and (c) application is accompanied by the fee that the board may establish. (5) The board may require a supplier who applies for registration under this section to comply with terms and conditions that the board considers to be appropriate before registering that supplier. (6) Subsections (1) to (5) apply to an application for a renewal or an amendment of a registration under this section. (7) The board may require a supplier to provide security in the manner and amount that the board may establish. (8) The board may refuse to issue or amend the registration of a supplier applicant under this section where (a) the board is satisfied that the applicant has
violated a provision of the Act or another Act or regulation of the province or
of (b) the board is satisfied that the applicant has not complied with a term or condition imposed upon that applicant as a supplier under these regulations or a registration of that applicant under this section; (c) the applicant has not provided the security required by the board ; and (d) a supplier registration previously held by the applicant was revoked by the board within the previous 5 years. (9) A supplier registration is not transferable. Suspension, reinstatement and cancellation 26. (1) The board may suspend or cancel a registration where (a) the board is satisfied that the registered
supplier or a person acting under that supplier has violated a provision of the
Act or of another Act or regulation of the province or of (b) the board is satisfied that the registered supplier or a person acting under that supplier has not complied with a term or condition of that supplier's registration; (c) the registered supplier has not provided or maintained security as required under this Part; and (d) the board is satisfied that the registered supplier is no longer a supplier. (2) The board may, with terms and conditions that the board considers appropriate, reinstate a registration that has been suspended. Security 27. (1) The board may require that an applicant for registration, amendment or reinstatement of registration provide security in the manner and amount that the board may establish. (2) The amount of security that the board may establish under subsection (1) shall not exceed the amount of the levies that the board reasonably estimates would be remitted under section 29 during a period of 2 months as averaged for a typical year. (3) Where a supplier does not remit levies in accordance with section 29, security provided by that supplier as required by the board shall be forfeited to the board 14 days after the remittance of the levies is due. (4) Money forfeited under subsection (3) shall, after deducting costs, be paid to the account of the board. Reports 28. (1) A supplier shall, at the times and in the form and manner required by the board, (a) report the number of tires that the supplier has supplied; and (b) maintain a record of a transaction made with respect to a tire for a period of 3 years after that transaction. (2) A person shall not falsify, make misleading, unlawfully alter, deface, destroy, erase or obliterate a report, record or information required to be made, maintained or kept under this Part. Levy 29. (1) A supplier shall pay to the board a levy of (a) $3 upon a new tire that has a rim size diameter equal to or less than 43.18 centimetres; and (b) $9 upon a new tire that has a rim size diameter that is greater than 43.18 centimetres and less than 63 centimetres, that the supplier supplies to a consumer. (2) A levy referred to in subsection (1) shall be held in trust for the board by the supplier. (3) A supplier shall remit a levy 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 each month in which the supplier has supplied a new tire to a consumer. (4) Notwithstanding subsection (3), the board may direct the supplier to remit the levy held in trust under subsection (2) and the supplier shall remit the levy not more than 7 days after receiving the direction of the board. (5) A new tire shall be considered to be supplied where, for the purpose of marketing or sales promotion, the consumer is supplied with the new tire without cost or at a reduced cost. (6) The board shall use revenue from the collection of levies under this Part for the costs of implementing, operating and administering a tire collection, transportation, recycling, processing, disposal and handling program under this Part. (7) A supplier shall not ask for or receive from a person a sum intended to represent an amount equivalent to a levy under this section with respect to the supply of a replacement tire, if no consideration is given for the replacement tire and if the replacement is made because the original tire was defective. Standards 30. The board may establish standards relating to the distribution, supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal and other handling of tires and used tires in the province. Agreements 31. (1) The board may enter into an agreement with a person or agency with respect to the collection, transportation, processing and recycling of used tires in the province. (2) A supplier may enter into an agreement with a person, including a manufacturer or distributor of tires, to act as that supplier's agent with respect to the administration of a program or requirement established under this Part. Repeal 32. The
Waste Management Regulations,
Newfoundland and Labrador Regulation 90/99, are repealed. ©Earl G. Tucker, Queen's Printer |