NEWFOUNDLAND AND LABRADOR REGULATION 100/10

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

NLR 59/03
as amended

1. The Waste Management Regulations, 2003 are amended by adding immediately after section 31 the following:

PART IV
WASTE PAINT

Definitions

31.1 In this Part

(a) "agent" means a corporation appointed by a brand owner to act as an agent on behalf of the brand owner;

(b) "brand owner" means a person who

(i) manufactures paint in the province and sells, offers for sale or distributes that paint in the province,

(ii) is the owner or licensee in the province of a registered or unregistered trademark under which paint is sold, offered for sale or distributed, or

(iii) brings paint into the province for sale or distribution;

(c) "capture rate" means the amount of waste paint collected under all paint stewardship programs in the province divided by the amount of waste paint produced in the province during the same time period expressed as a percentage;

(d) "dispose", with respect to waste paint, means final disposal of that waste paint in a facility approved by the department;

(e) "empty container" means a paint container that holds less than 3% residual paint by volume (by weight);

(f) "paint" means

(i) a tinted or untinted latex, oil or solvent-based architectural coating used for a commercial or household purpose, and includes stain and the coating's container, or

(ii) a coloured or clear paint or stain sold in an aerosol container and includes the paint's or stain's container, but does not include coatings intended for marine antifouling or industrial applications;

(g) "paint stewardship program" means a program respecting paint stewardship implemented by a brand owner in accordance with the requirements of that brand owner's paint stewardship plan which

(i) establishes a process for the collection, transportation, recycling and, where no further options exist, disposal of residual components of waste paint, and

(ii) incorporates the principles of extended producer responsibility and internalization of costs;

(h) "recover" with respect to waste paint means to process it in a way that converts it into transferable energy;

(i) "recycle" with respect to waste paint means to process it into a useful product;

(j) "retailer" means a person who sells or offers for sale paint in the province to a consumer;

(k) "return collection facility" means a place operated by or on behalf of a brand owner for the collection of waste paint;

(l) "reuse", with respect to waste paint, means to process in a way that it is capable of being used by a consumer as paint;

(m) "reuse rate" means the amount of paint, excluding containers, reused under a paint stewardship plan divided by the amount of paint, excluding containers, collected that is reusable, expressed as a percentage;

(n) "waste paint" means a paint and its container that is no longer used or required by a consumer, but does not include an empty container; and

(o) "wholesaler" means a person who sells a consumer paint product to retailers, other merchants or industrial, institutional and commercial users, for resale or business use.

Registration required

31.2 (1) A brand owner shall apply to the board for registration as a brand owner.

(2) A brand owner shall submit a paint stewardship plan with its application for registration for the approval of the board.

(3) Where the board has received

(a) an application for registration by the brand owner; and

(b) a paint stewardship plan as required under section 31.6 which is satisfactory to the board,

the board shall register a brand owner and may prescribe terms and conditions in the registration.

Restriction on supply of paint

31.3 (1) A brand owner shall not sell, offer for sale or distribute paint to a person in the province unless the brand owner holds a valid registration under these regulations.

(2) A retailer or wholesaler shall not sell, offer for sale or otherwise distribute a paint product within or into the province unless the brand owner from whom the product was acquired holds a valid registration under these regulations.

Appointment of an agent

31.4 (1) A brand owner may appoint an agent to carry out its duties under these regulations and before the agent begins to carry out those duties, the brand owner shall notify the board in writing that it has appointed an agent and specify the duties that the agent will perform on behalf of the brand owner.

(2) An agent shall

(a) before that agent begins to carry out duties on behalf of a brand owner, confirm in writing to the board the duties under these regulations that the agent will perform on behalf of the brand owner; and

(b) carry out the duties the agent has undertaken to perform.

Transitional registration requirements

31.5 (1) A brand owner who is selling, offering for sale or distributing paint within the province immediately before the coming into force of these regulations shall submit an application to the board for registration within 30 days of the coming into force of these regulations.

(2) Notwithstanding section 31.2, a brand owner referred to in subsection (1) is not required to submit a paint stewardship plan with its application for registration, but shall ensure that a plan is submitted to the board no later than 90 days after the coming into force of these regulations.

(3) The board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit a paint stewardship plan within the period of time specified under subsection (1).

(4) Notwithstanding section 31.2, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing paint within the province until the board renders a decision in respect of the brand owner's application for registration.

(5) Where the board denies the application of a brand owner under this section, that brand owner shall, when it receives written notice that the board has denied its application, immediately cease selling, offering for sale or distributing paint.

Contents of paint stewardship plan

31.6 A paint stewardship plan shall provide for the following:

(a) the collection of waste paint by the brand owner, including the collection of the waste paint of other brand owners;

(b) the management of waste paint in adherence with the following, in order of preference:

(i) reuse,

(ii) recycle,

(iii) recover, and

(iv) dispose;

(d) the brand owner's plan for achieving at least a 70% reuse rate;

(e) a description of the efforts being made by the brand owner to redesign paint products to improve reusability and recyclability;

(f) a description of the efforts made by the brand owner to maximize the local economic benefits created through the implementation of the paint stewardship plan;

(g) a communications plan for informing consumers of the brand owner's paint stewardship plan and the location of all return collection facilities, in addition to the brand owner's obligations under section 31.13;

(h) the establishment of return collection facilities that will ensure reasonable and free consumer access for the return of waste paint and paint containers;

(i) the assessment of the performance of the brand owner's plan by an independent auditor; and

(j) the elimination or reduction of the environmental impacts of waste paint.

Approval or imposition of plan

31.7 (1) Where a paint stewardship plan has been submitted to the board, the board shall, as soon as practicable,

(a) approve the plan for a period of time not to exceed 5 years;

(b) reject the plan with written reasons; or

(2) Where the board rejects a paint stewardship plan, it may

(a) require the brand owner to comply with a paint stewardship plan prepared and approved by the board;

(b) require the brand owner to comply with a paint stewardship plan prepared by an agent and approved by the board; or

(3) A plan referred to in subsection (1) expires on the date set by the board, but the period of time for which the plan may be effective shall not exceed 5 years.

(4) If the board rejects a paint stewardship plan submitted by a brand owner and the brand owner does not submit a revised paint stewardship plan as required under paragraph (2)(c), the board shall refuse to register the brand owner or shall suspend or cancel the registration of the brand owner.

Amendment by board

31.8 (1) The board may amend an approved or imposed paint stewardship plan

(a) to correct a clerical error;

(b) to reflect a change in the name or address of a brand owner; or

(2) A brand owner may apply to have its paint stewardship plan amended and sections 31.7 and 31.9 apply with the necessary modifications to the application.

Compliance required

31.9 (1) A brand owner shall implement and comply with the paint stewardship plan as approved or imposed by the board under section 31.7.

(2) A brand owner who fails to comply with the paint stewardship plan as approved or imposed by the board under section 31.7 commits an offence.

Renewal of paint stewardship plan

31.10 (1) At least 90 days before the expiry date of a paint stewardship plan approved or imposed by the board, a brand owner shall submit a paint stewardship plan to the board for review and approval.

(2) Sections 31.7 and 31.9 apply with the necessary modifications to a plan submitted under this section.

Reuse rate

31.11 A brand owner shall ensure that it achieves a reuse rate for waste paint of at least 70% within one year after the coming into force of these regulations, and that it achieves an annual reuse rate for waste paint of at least 70% in every subsequent year.

Annual report and other information

31.12 (1) A brand owner shall, before May 1 in each year, provide the board with an annual report detailing the effectiveness of the paint stewardship plan during the previous calendar year including, but not limited to, the following:

(a) the total amount of waste paint collected in the province by the brand owner;

(b) the total amount of waste paint processed or in storage;

(d) a description of the types of processes utilized to reuse, recycle, contain, or otherwise treat or dispose of, waste paint;

(e) a description of efforts to redesign paint products to improve reusability and recyclability;

(f) the location of all return collection facilities;

(g) the location of processing or containment facilities for waste paint;

(h) the types of consumer information, educational materials and strategies adopted by the brand owner;

(i) the annual financial statements prepared by an independent auditor of the revenues received and the expenditures incurred by the paint stewardship plan;

(j) an assessment of the performance of the brand owner's plan prepared in partnership with the board; and

(k) other information requested by the board that relates to the paint stewardship plan.

(2) When a brand owner submits its annual report, it shall at the same time provide the board a statement in writing as to the total amount of paint sold by it during the previous year.

(3) The information provided to the board by the brand owner under subsection (2) shall be treated as confidential.

Consumer information

31.13 (1) A brand owner shall provide educational and consumer material, including printed handouts, to each retailer of its paint respecting

(a) the brand owner's paint stewardship plan;

(b) access to return collection facilities including their location and hours of operation; and

(2) A brand owner shall not release educational and consumer material referred to in subsection (1) unless the material has been submitted to the board at least one month before its intended release.

(3) A retailer shall post or distribute the educational and consumer material it receives from brand owners at the area inside the retailer's premises where paint is displayed, and

(a) at the main entrance of the retailer's premises; or

(b) at the area inside a retailer's premises where the transaction to purchase paint takes place.

(4) Subsection (2) applies with the necessary modifications to changes proposed to be made to the information supplied in the material referred to in subsection (2).

Passing on of costs

31.14 A brand owner shall not charge a retailer and a retailer shall not charge a consumer a separate fee with respect to

(a) the costs associated with carrying out the brand owner's duties under this Part; or

(b) supplying material required under section 31.13.

Fees

31.15 (1) The board may charge a brand owner those fees that are established by the board to cover the board's annual administrative costs in carrying out its duties under the Act and this Part in relation to waste paint.

(2) The annual administrative costs include office, operational and inspection expenses and the cost of salaries, benefits and expenses of members and employees of the board that are attributable to the board's duties referred to in subsection (1).

(3) The annual administrative costs of the board incurred or to be incurred by it in relation to the administration of this Part, together with a sum needed to make up a deficiency in the assessment for the preceding year, if required, shall be borne equally by each brand owner.

(4) The board shall assess up to one half of the amount determined under subsection (1) before April 2 of the fiscal year in which the costs are incurred, and assess the remaining amount after December 1 of that fiscal year.

Remittance of fees, imposition of interest

31.16 (1) A brand owner shall remit fees referred to in section 31.15 at the times and in the manner directed by the board.

(2) If the board is satisfied that a brand owner has not remitted fees fully in accordance with subsection (1), the board may serve written notice on the brand owner requiring payment of the following amounts:

(a) the full amount of the fees that are outstanding;

(b) interest on the amount of the outstanding fees calculated monthly at a rate not exceeding 2% a month; and

(c) an administrative fee in an amount established by the board, which shall not exceed the amount of the outstanding fees.

(3) A written notice under subsection (2) shall include the time and manner in which the payments required under that subsection are to be made.

(4) A brand owner served with a written notice under subsection (2) shall pay the amounts set out in the notice in accordance with the notice.

(5) All fees and interest that are not paid to the board in accordance with a written notice constitute a debt due to the board.

(6) The board may, under the signature of the proper officer, issue a certificate setting out the name of a brand owner who has not paid fees or interest in accordance with a written notice and certifying the total amounts of the fees or interest remaining unpaid and the certificate, without proof of the appointment, authority or signature of the person purporting to have signed it, is admissible in evidence and is, in the absence of evidence to the contrary, proof of the amount of the fees or interest remaining unpaid.

Use of fees and interest

31.17 The board shall use the fees and interest remitted to it or paid to it under this Part solely to meet its purpose in relation to paint as established under the Act and these regulations and for no other purpose.