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Statutes of Newfoundland 1993


CHAPTER P-0

CHAPTER P-0.1

AN ACT RESPECTING THE REDUCTION OF THE IMPACT OF PACKAGING ON THE
ENVIRONMENT

(Assented to March 25, 1993)

Analysis

1. Short title

2. Definitions

3. Purpose of Act

4. Act binds Crown

5. Powers of minister

6. Regulations

7. Offences

8. Orders of the court

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


Short title

1. This Act may be cited as the Packaging Material Act.

Definitions

2. In this Act

(a) "minister" means the Minister of Environment and Lands;

(b) "package" means a material or item that is used to protect, contain, or transport a commodity or product and may also be a material or item that is physically attached to a product or its container for the purpose of marketing the product or communicating information about the product;

(c) "post-use material" means material or an item which has served its intended purpose and can no longer be used for that purpose but does not include the in-plant reutilization of materials;

(d) "recovery" means the process of obtaining and reutilizing material or energy from solid waste;

(e) "recyclable" means after use, having the potential to be diverted from the waste stream and recycled into a new product or package;

(f) "recycled content" means the portion of a package's weight that is composed of post-use materials;

(g) "recycling" means a process through which post-use materials are collected and processed for transformation into new products;

(h) "reuse" means the direct reapplication of a package, for the same or different purpose, in its original form;

(i) "source reduction" means the elimination of packaging or reduction of the weight, volume or toxicity of packaging; and

(j) "waste" means a material, product or by-product for which the producer has no further use and which is not recyclable, recoverable or reusable.

Purpose of Act

3. The purpose of this Act is to

(a) reduce or mitigate the adverse environmental effects associated with the manufacture, use, reuse and recycling of packaging; and

(b) encourage a hierarchy of source reduction, reuse and recycling with respect to packaging.

Act binds Crown

4. This Act binds the Crown.

Powers of minister

5. The minister may

(a) undertake or support and encourage programs or research into

(i) environmental profiles of packaging materials and types throughout their life cycle,

(ii) market development for recovered materials from recycling operations, and

(iii) packaging-waste reduction, reuse or recycling activities;

(b) require a corporation, institution or government department or agency to collect and record data on packaging in the detail that is considered necessary by the minister; and

(c) require a corporation, institution or government department or agency to make to the minister, a report in the form and containing the information that may be prescribed by the regulations.

Regulations

6. The Lieutenant-Governor in Council may make regulations

(a) prescribing standards and codes in packaging, including the labelling standards, coding systems and the standardization of packaging;

(b) governing the content and composition of packaging including the types of materials used and proportions of post-use material required;

(c) providing for a reduction, reuse and recycling system for specific packaging types, design and operating standards for packaging-waste separation programs and facilities;

(d) prescribing a system for the control of packaging or classes of packaging;

(e) requiring payment of a deposit on a package or class of packaging;

(f) requiring the development of packaging-waste reduction and prevention plans;

(g) requiring industrial, commercial and institutional sectors to conduct periodic packaging-waste audits and prescribing the information to be provided by the audits;

(h) requiring manufacturers and distributors to prepare environmental profiles and other data on packaging;

(i) for the purpose of section 7; and

(j) generally for carrying out the purpose of this Act.

Offences

7. A person who

(a) provides the minister with false or misleading information, or fails to provide information as required by this Act; or

(b) manufactures, sells or offers, distributes, exhibits or advertises for sale, packaging or a designated product in packaging that is in violation of this Act or the regulations; and

(c) otherwise contravenes this Act or regulations

is guilty of an offence and is liable on summary conviction to a fine of not more than $250,000.

Orders of the court

8. Where a person has been convicted of an offence under this Act the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order

(a) prohibiting the offender from doing an act or engaging in an activity that may result in the continuation or repetition of the offence;

(b) directing the offender to publish, in the manner directed by the court, the facts relating to the conviction; and

(c) directing the offender to perform community service.

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