- Updated to: October 19,
2015 -
CHAPTER E-9
ENVIRONMENTAL
PROTECTION ACT
MATERIALS
STEWARDSHIP AND RECYCLING
REGULATIONS
|
|
Pursuant to section 25 of
the
Environmental Protection Act
R.S.P.E.I. 1988, Cap. E-9,
Council made the following regulations:
|
|
INTERPRETATION |
Definitions
|
1. In these
regulations |
Act
|
|
(a) "Act" means the Environmental
Protection Act R.S.P.E.I. 1988, Cap. E-9; |
designated material |
|
(b) "designated material" means a material diverted from disposal and
managed under a stewardship plan or a permit endorsement pursuant to a
designation in these regulations; |
endorsement |
|
(c) "endorsement" means an automotive salvage and scrap metal
endorsement issued under subsection 17(5); |
operator |
|
(d) "operator" means, in respect of a facility, a person who has
control or management of the facility; |
permit |
|
(e) "permit" means a valid and subsisting recycling facility permit
issued under subsection 4(6); |
permit holder |
|
(f) "permit holder" means a person who holds a permit. |
Criteria - recyclable
material |
(2) For the purposes of the definition of "recyclable material" in
clause 1(n.11) of the Act, a material or product is a recyclable material if
it meets the following criteria: |
|
|
(a) it has been diverted from disposal; |
|
|
(b) it is managed as a marketable commodity with an established
market, or is used or processed in the manufacture of a product that has an
established market; |
|
|
(c) it is not |
|
|
|
(i) a designated material, or |
|
|
|
(ii) a beverage container as defined in the Beverage Containers Act
R.S.P.E.I. 1988, Cap. B-2.1. |
|
PART I |
|
DIVISION 1 |
|
Recycling Facility Permit |
Operation of recycling
facility |
2. No person shall |
|
|
(a) carry on the business of the collection or sale of recyclable
material or designated material; |
|
|
(b) operate a recycling facility; or |
|
|
(c) hold himself or herself out as the operator of a recycling facility,
except under the authority of a permit. |
Exception |
3. Section 2 does not apply to a person who operates a beverage
container depot under the authority of a permit issued under the Beverage
Containers Act for the acceptance, collection and storage of |
|
|
(a) empty beverage containers as defined in that Act; |
|
|
(b) scrap metal; or |
|
|
(c) lead-acid batteries, where the beverage containers, scrap metal and
lead-acid batteries are accepted, collected and stored indoors in accordance
with that Act. |
|
Application |
Application for permit |
4. (1) A person who wishes to apply for a recycling facility permit
shall |
|
|
(a) file with the Minister a completed application in the form approved by
the Minister; and |
|
|
(b) pay the fee prescribed by subsection (8). |
Material to be submitted |
(2) An applicant shall submit with an application made under subsection (1)
a detailed written proposal outlining |
|
|
(a) the location of the proposed recycling facility; |
|
|
(b) the distance from the active recycling area to |
|
|
|
(i) the nearest property boundary, and |
|
|
|
(ii) the foundation of the nearest off-site structure used for commercial,
industrial, residential or institutional purposes; |
|
|
(c) the types of recyclable material and designated material, if any,
to be acquired; |
|
|
(d) the plans for the acceptance, collection, storage, sorting,
handling, preparing for transport and transporting of recyclable material
and designated material; |
|
|
(e) the quantity of recyclable material and designated material
expected to be acquired annually; and |
|
|
(f) a contingency plan for the prevention, detection, handling and
containment of leaks or spills of recyclable material and designated
material. |
Additional information |
(3) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the application,
including any agreements made with an administrator of a stewardship program
for any designated material. |
Additional measures |
(4) If the proposed recycling facility will be located |
|
|
(a) within sight of a highway; or |
|
|
(b) in close proximity, in the opinion of the Minister, to a nearby
property, |
|
the Minister may require the applicant to provide to the Minister
plans for noise reduction measures or screening of the facility from view
from nearby properties, or for both, as specified by the Minister. |
Insurance |
(5) Where, in the opinion of the Minister, the proposed recycling facility
may constitute a risk to the environment, the Minister may require the
applicant to provide to the Minister a certificate of insurance which |
|
|
(a) evidences insurance coverage for the applicant's liability for bodily
injury and property damage arising out of a contaminant being introduced
into the environment in a sudden, unintended or unexpected occurrence,
during the period of insurance, with not less than $1,000,000 coverage per
occurrence; and |
|
|
(b) states that the insurance coverage may not be cancelled except upon
thirty days' prior written notice to the Department. |
Requirements for issuance
of permit |
(6) The Minister shall issue a permit to an applicant if the Minister
is satisfied that |
|
(a) the application has been made in accordance with the requirements of
these regulations; |
|
|
(b) the proposal submitted under subsection (2) |
|
|
|
(i) includes the information referred to in clauses (2)(a) to (f) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the recycling facility in
compliance with the Act and these regulations; |
|
|
(c) the applicant has complied with subsections (3), (4) and (5), if
required to do so; and |
|
|
(d) the issuance of the permit is in the public interest having regard to
the matters referred to in clauses (2)(a) to (f). |
Refusal of permit |
(7) Where the Minister refuses to issue a permit to an applicant, the
Minister shall provide written reasons for the refusal to the applicant. |
Application fee |
(8) The application fee for a permit is $100, payable to the Minister
of Finance, Energy and Municipal Affairs. |
|
Expiry of Permit |
Expiry of permit |
5. A permit expires on March 1 following the day on which the permit
was issued. |
|
Reports |
Records |
6. (1) The Minister may require an operator of a recycling facility to
ensure that a record is made of the received weight, the recycled weight and
the shipped weight of any recyclable material and designated material
specified by the Minister that is handled at the recycling facility. |
Report to Minister |
(2) An operator of a recycling facility who made or caused to be made
a record under subsection (1) shall |
|
|
(a) prepare a written report in the form approved by the Minister with
respect to the specified recyclable material and designated material handled
at the recycling facility during the preceding calendar year; and |
|
|
(b) submit the written report prepared under clause (a) to the
Minister on or before March 1 of each year for the preceding calendar year. |
Weight of recyclable
material |
7. An operator of a recycling facility shall include in the report
required under subsection 6(2) |
|
|
(a) the weight in kilograms of each type of recyclable material or
designated material handled at the facility for the year covered by the
report; and |
|
|
(b) the weight in kilograms of each type of recyclable
material or designated material received by the facility and not recycled
or otherwise disposed of for the year covered by the report. |
|
Terms and Conditions |
Compliance with terms and
conditions of permit |
8. A permit holder and an operator of a recycling
facility shall ensure that the recycling facility is operated in
compliance with the terms and conditions of the permit issued for the
recycling facility. |
|
Notice of Revocation or Terms and Conditions |
Notice of revocation of
terms and conditions |
9. Where the Minister, under section 28 of the Act, |
|
(a) revokes; |
|
|
(b) imposes terms or conditions on; or |
|
|
(c) alters the terms or conditions of, |
|
a permit, the Minister shall serve on the permit holder
and the operator, in writing, notice of and reasons for the revocation,
imposition or alteration. |
|
PART II |
|
DIVISION 1 |
|
Endorsement for Designated Material |
Endorsement for
designated material |
10. (1) Where |
|
(a) no stewardship program has been established in respect of a designated
material; or |
|
|
(b) the Minister has not concluded an agreement with an administrator of a
stewardship program for a designated material, |
|
a permit holder who proposes to accept, collect or store the
designated material shall apply to the Minister for an endorsement on the
holder's permit with respect to the designated material. |
Authorization |
(2) Subject to any terms or conditions imposed
on the endorsement under section 28 of the Act, an endorsement on a
permit authorizes the permit holder to accept, collect or store the
designated material identified on the endorsement at the recycling
facility for which the permit is issued. |
|
Terms and Conditions |
Terms and conditions of
endorsement |
11. A permit holder and an operator of a recycling facility
for which an endorsement is issued shall ensure that the recycling
facility is operated in compliance with the terms and conditions of the
endorsement. |
|
Notice of Revocation or Terms and Conditions |
Notice of revocation of
terms and conditions |
12. Where the Minister, under section 28 of the Act, |
|
(a) revokes; |
|
|
(b) imposes terms or conditions on; or |
|
|
(c) alters the terms or conditions of, |
|
an endorsement, the Minister shall serve on the permit holder and the
operator, in writing, notice of and reasons for the revocation, imposition
or alteration. |
|
DIVISION 2 |
|
Automotive Salvage and Scrap Metal |
Definitions |
13. In this Division, |
automotive salvage |
|
(a) "automotive salvage" means |
|
|
|
(i) unserviceable, discarded or junked motor vehicles no longer used
for transportation purposes, and |
|
|
|
(ii) metals, bodies, frames, engines or other components and parts of
those things associated with a motor vehicle; |
automotive salvage and
scrap metal collection facility |
|
(b) "automotive salvage and scrap metal collection facility" means a
recycling facility where automotive salvage or scrap metal is |
|
|
|
(i) accepted, collected and stored, and |
|
|
|
(ii) handled, collected, sorted or crushed, compacted, shredded and
prepared for transport, |
|
|
for the purpose of material recovery; |
scrap metal |
|
(c) "scrap metal" means new or used items substantially made of
ferrous or non-ferrous metals and includes household or commercial
appliances, but does not include beverage containers, paint containers, or
domestic or household products normally recycled to avoid waste. |
Designation |
14. For the
purposes of the Act and these regulations, automotive salvage and scrap
metal is a designated material. |
|
Automotive Salvage and Scrap Metal
Endorsement |
Prohibition |
15. No person shall |
|
|
(a) carry on the business of the collection, purchasing, trading, bartering
or sale of automotive salvage and scrap metal; |
|
|
(b) operate an automotive salvage and scrap metal collection facility;
or |
|
|
(c) hold himself or herself out as the operator of an automotive salvage and
scrap metal collection facility, |
|
except under the authority of a recycling facility permit and an automotive
salvage and scrap metal endorsement. |
Idem |
16. No person
shall sell, offer for sale, transfer, discard or otherwise dispose of
automotive salvage and scrap metal except by disposal at an automotive
salvage and scrap metal collection facility. |
|
Application |
Application for
endorsement |
17. (1) A person who holds or has applied for a permit may apply for
an automotive salvage and scrap metal endorsement on the permit by |
|
|
(a) filing with the Minister a completed application on a form approved by
the Minister; and |
|
|
(b) paying the fee prescribed by subsection (8). |
Requirements |
(2) An applicant, other than an applicant who has concurrently submitted an
application for a permit under subsection 4(2), shall submit with an
application made under subsection (1) a detailed written proposal outlining |
|
|
(a) the distance from the active automotive salvage and scrap metal
collection facility to |
|
|
|
(i) the nearest property boundary, and |
|
|
|
(ii) the foundation of the nearest off-site structure used for commercial,
industrial, residential or institutional purposes; |
|
|
(b) whether the applicant proposes
to collect, purchase, store, sell or otherwise handle automotive salvage
as defined in subclause 13(a)(i) or (ii), or both; |
|
|
(c) the plans for the acceptance, collection, storage, sorting, crushing,
compacting, shredding, handling and preparing for transport of automotive
salvage and scrap metal; |
|
|
(d) the estimated quantity of automotive salvage and scrap metal collected; |
|
|
(e) the frequency of any crushing, compacting or shredding at the
proposed facility; |
|
|
(f) a contingency plan for the prevention, detection, handling and
containment of leaks or spills from automotive salvage and scrap metal or
contamination resulting from the handling of automotive salvage and scrap
metal; |
|
|
(g) if crushing activities are to occur at the facility, the location
of the area designed for crushing activities; |
|
|
(h) a description of the method of operating the facility, including the
methods of collection and disposal of contaminants, including, but not
limited to, |
|
|
|
(i) oils, |
|
|
|
(ii) oil filters, |
|
|
|
(iii) motive fuels, |
|
|
|
(iv) brake fluids, |
|
|
|
(v) glycol products, |
|
|
|
(vi) refrigerants, |
|
|
|
(vii) lead-acid batteries, |
|
|
|
(viii) mercury-containing switches. |
Idem |
(3) An applicant who has submitted an application for a permit under
subsection 4(2) shall submit a detailed written proposal containing the
information referred to in clauses (2)(d), (f), (g) and (h). |
Additional information |
(4) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the application. |
Issuance of endorsement |
(5) The Minister shall issue an automotive salvage and scrap metal
endorsement on the applicant's permit if the Minister is satisfied that |
|
|
(a) the application has been made in accordance with the requirements of
these regulations; |
|
|
(b) the proposal adequately provides for the operation of the automotive
salvage and scrap metal collection facility in compliance with the Act and
these regulations and |
|
|
|
(i) if submitted under subsection (2), includes the information referred to
in clauses (2)(a) to (g) and is otherwise acceptable to the Minister, or |
|
|
|
(ii) if submitted under subsection (3), includes the information
referred to in clauses (2)(d), (f), (g) and (h); and |
|
|
(c) the proposed automotive salvage and scrap metal collection
facility |
|
|
|
(i) meets the setback criteria of subsection 18(1), and |
|
|
|
(ii) shall meet the operational requirements set out in the Schedule to
these regulations. |
Specify types of
automotive salvage |
(6) The Minister shall specify in the automotive salvage and scrap metal
endorsement issued under subsection (5) the type or types of automotive
salvage to which it applies. |
Reasons for refusal |
(7) Where the Minister refuses to issue an automotive salvage and scrap
metal endorsement to an applicant, the Minister shall provide written
reasons for the refusal to the applicant. |
Fee |
(8) The application fee for an automotive salvage and scrap
metal endorsement is $50, payable to the Minister of Finance, Energy and
Municipal Affairs. |
|
Setbacks |
Restrictions respecting
site |
18. (1) No person is eligible for an automotive salvage and scrap metal
endorsement on a permit where the proposed site is located |
|
|
(a) within a radius of 150 metres of any public park, public
playground, public bathing beach, school, church, hospital, cemetery or
public hall; |
|
|
(b) within 30 metres of any highway; |
|
|
(c) subject to subsection (2), within 300 metres of any residential premises
other than those of the applicant for the permit; or |
|
|
(d) within 60 metres of a watercourse boundary or wetland boundary. |
Exception |
(2) The Minister may waive the requirements of clause (1)(c) where |
|
|
(a) either |
|
|
|
(i) the owners of all residential premises located in the area between 150
and 300 metres from the nearest boundary line of the proposed facility state
in writing, in the form required by the Minister, that they have no
objection to the proposed facility, |
|
|
|
(ii) no residential premises are located less than 150 metres from the
proposed facility, and |
|
|
|
(iii) no domestic potable wells are located less than 60 metres from
the proposed facility; or |
|
|
(b) the proposed facility is located within a
municipal land use zone where the operation of an automotive salvage and
scrap metal collection facility is permitted. |
|
Additional Requirements |
Additional requirements |
19. In addition to the requirements of clause 15(b), a
permit holder and an operator of an automotive salvage or scrap metal
collection facility shall ensure that the facility is operated in
compliance with the requirements of these regulations, including the
storage and material handling criteria specified in the environmental
standards set out in the Schedule to these regulations. |
|
PART III |
|
STEWARDSHIP PROGRAMS |
|
DIVISION 1 |
|
Electronic Products |
Definitions |
20. In this Division, |
administrator |
|
(a) "administrator" means an administrator appointed under section 26; |
agent |
|
(b) "agent" means an agent of a brand owner designated under section 23; |
brand owner |
|
(c) "brand owner" means, in respect of an electronic product sold, offered
for sale or otherwise distributed in or into the province, |
|
|
|
(i) a manufacturer of the electronic product, |
|
|
|
(ii) a distributor of the electronic product in or into the province, |
|
|
|
(iii) an owner or licensee of the intellectual property rights to the
electronic product, or |
|
|
|
(iv) where the electronic product is imported into the province, the
first person to sell the electronic product in or into the province; |
electronic material
stewardship program |
|
(d) "electronic material stewardship program" means a program approved by
the Minister under subsection 24(5) that |
|
|
(i) establishes a process for the recycling of electronic products and, if
no further options exist, the disposal of any residual electronic product
components, and |
|
|
|
(ii) incorporates the principles of a pollution prevention hierarchy by
replacing disposal with reuse and recycling of electronic products; |
electronic product |
|
(e) "electronic product" means an electronic product whether intended
for consumer, industrial or commercial use, and includes |
|
|
|
(i) televisions, |
|
|
|
(ii) desktop, laptop and notebook computers, including central processing
units, keyboards, mice and cables, |
|
|
|
(iii) computer monitors, |
|
|
|
(iv) computer desktop printers, including desktop printers that have
scanning or fax capabilities, or both, |
|
|
|
(v) desktop scanners, |
|
|
|
(vi) audio and video playback and recording systems, |
|
|
|
(vii) telephones and fax machines, and |
|
|
|
(viii) cell phones and other wireless communication devices, |
|
|
but does not include factory-installed devices developed for embedded use in
motor vehicles; |
electronic product return
facility |
|
(f) "electronic product return facility" means a recycling facility where
electronic products are |
|
|
(i) accepted and stored, and |
|
|
|
(ii) handled, collected, sorted or prepared for transport, |
|
|
for the purpose of the reuse of the products or material recovery; |
retailer |
|
(g) "retailer" means a person who sells or offers for sale electronic
products directly to consumers. |
Designation |
21. (1) For the purposes of the Act and these regulations, an
electronic product is a designated material. |
Discarding electronic
product |
(2) No person shall discard an electronic product except |
|
|
(a) at a recycling facility approved to accept the electronic product
pursuant to these regulations; or |
|
|
(b) in accordance with an approved electronic material stewardship program. |
|
Electronic Material Stewardship Program |
Prohibition |
22. (1) No brand owner of an electronic product shall sell, offer for
sale or otherwise distribute an electronic product in or into the province
unless the brand owner, or an agent of the brand owner of the electronic
product, operates an electronic material stewardship program in respect of
the electronic product. |
Idem |
(2) No retailer shall sell, offer for sale or otherwise distribute an
electronic product in or into the province unless the brand owner of the
electronic product, or an agent of the brand owner of the electronic
product, operates an electronic material stewardship program in respect of
the electronic product. |
Designation of agent |
23. A brand owner may, by written agreement with any person, designate that
person as the agent of the brand owner to operate an electronic material
stewardship program on the brand owner's behalf. |
|
Application |
Application for approval
of electronic material stewardship program |
24. (1) A brand owner may apply for approval of an electronic material
stewardship program by filing with the Minister a completed proposal in the
format approved by the Minister. |
Idem |
(2) An agent of a brand owner who wishes to operate an electronic material
stewardship program on the brand owner's behalf may apply for approval of
the program by filing with the Minister a completed proposal in a format
approved by the Minister. |
Material to be submitted |
(3) An applicant shall submit with a proposal made under subsection (1) or
(2) detailed information respecting |
|
|
(a) the management structure of the program; |
|
|
(b) how waste electronic products will be collected; |
|
|
(c) the plans for the receipt of electronic products at the electronic
product return facilities that participate in the program and the policies
and procedures to be followed by the electronic product return facilities; |
|
|
(d) the recycling options for waste electronic products; |
|
|
(e) the quality control and assurance aspects of the program,
including tracking and auditing mechanisms; and |
|
|
(f) an education and awareness program for consumers of electronic
products that includes information about |
|
|
|
(i) the electronic material stewardship program, specifying products
accepted by the program, |
|
|
|
(ii) how and when consumers can access electronic product return facilities, |
|
|
|
(iii) the environmental benefits of participating in the electronic material
stewardship program, and |
|
|
|
(iv) a description of the proposed methods for reusing and recycling
electronic products. |
Additional information |
(4) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the proposal. |
Requirements for approval
of electronic material stewardship program |
(5) The Minister shall approve an electronic material stewardship program if
the Minister is satisfied that |
|
(a) the proposal has been made in accordance with the requirements of
these regulations; |
|
(b) the proposal |
|
|
|
(i) includes the information referred to in clauses (3)(a) to (f) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the electronic material
stewardship program in compliance with the Act and these regulations; and |
|
|
(c) approval of the program is in the public interest having regard to the
matters referred to in clauses (3)(a) to (f). |
Reasons for refusal |
(6) Where the Minister refuses to approve an electronic material stewardship
program, the Minister shall provide written reasons for the refusal to the
applicant. |
Approval of electronic
material stewardship program |
(7) Where the Minister approves an electronic material stewardship program,
the applicant shall, not later than the commencement date of the program,
pay the fee prescribed by subsection (8). |
Approval fee |
(8) The fee for an approval of an electronic material stewardship program is
$25,000, payable to the Minister of Finance, Energy and Municipal Affairs. |
Payment of annual fee |
25. (1) A brand owner or an agent who operates an electronic material
stewardship program shall, on or before July 31 of each year, pay the annual
fee prescribed by subsection (2). |
Annual fee |
(2) The annual fee for an electronic material stewardship program is
$20,000, payable to the Minister of Finance, Energy and Municipal Affairs. |
Appointment of
administrator |
26. The Minister may |
|
|
(a) appoint any person as the administrator of an electronic material
stewardship program; and |
|
|
(b) specify the duties and responsibilities of an administrator appointed
under clause (a). |
|
Information |
Request for information
by Minister |
27. A brand owner or an agent who operates an electronic material
stewardship program shall, upon request in writing from the Minister,
provide the Minister with any information about the electronic material
stewardship program, including any of the following: |
|
|
(a) the types of processes used to reuse and recycle the electronic products
and their components; |
|
|
(b) the location of the electronic product return facilities for the
electronic products; |
|
|
(c) the location of any long-term containment or final treatment and
processing facilities for electronic products; |
|
|
(d) records showing that the program adheres to established industry vendor
qualification standards, or information demonstrating that the electronic
products collected are managed in a manner that employs environmental and
human health and safety standards meeting or exceeding applicable federal,
provincial and local regulations. |
Brand name, image or logo
on electronic product |
28. A brand owner shall ensure that a brand name, image or logo is clearly
affixed in plain view on an electronic product sold, offered for sale or
otherwise distributed in or into the province by the brand owner. |
Display of education and
awareness program information |
29. A retailer shall prominently display, at the point of display or the
point of sale of an electronic product, the education and awareness program
information referred to in clause 24(3)(f) that is supplied to it by the
brand owner or the brand owner's agent. |
Review of electronic
material stewardship program |
30. A brand owner or an agent who operates an electronic material
stewardship program shall review the electronic material stewardship program
and |
|
|
(a) submit to the Minister all proposed amendments to the electronic
material stewardship program; or |
|
|
(b) advise the Minister in writing that in its opinion no amendments to the
electronic material stewardship program are necessary, |
|
not later than the
date that is 5 years after the date the electronic material stewardship
program was first approved under subsection 24(5) and every 5 years
thereafter. |
Reporting quantity of
electronic materials |
31. A brand owner or an agent who operates an electronic material
stewardship program shall, on or before June 30 of each year, or on or
before the date set by the Minister, inform the Minister in writing of the
total quantity of electronic products collected during the previous calendar
year. |
Operation of electronic
material stewardship program |
32. (1) No brand owner who operates an electronic material stewardship
program shall fail to operate the electronic material stewardship program in
accordance with the program as approved under subsection 24(5). |
Idem |
(2) No agent who has been designated to operate an electronic material
stewardship program on a brand owner's behalf shall fail to operate the
electronic material stewardship program in accordance with the program as
approved under subsection 24(5). |
|
DIVISION 2 |
|
Paint Products |
Definitions |
33. In this Division, |
administrator |
|
(a) "administrator" means an administrator appointed under section 39; |
agent |
|
(b) "agent" means an agent of a brand owner designated under section 36; |
brand owner |
|
(c) "brand owner" means, in respect of a consumer paint product sold,
offered for sale or otherwise distributed in or into the province, |
|
|
|
(i) a manufacturer of the consumer paint product, |
|
|
|
(ii) a distributor of the consumer paint product in or into the province, or |
|
|
|
(iii) where the consumer paint product is imported into the province, the
first person to sell the consumer paint product in or into the province; |
consumer paint product |
|
(d) "consumer paint product" means |
|
|
|
(i) a tinted or untinted latex, oil or solvent-based architectural coating
used for commercial or household purposes, including stain, and includes 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,
industrial or automotive applications, non-latex concrete sealant, or
bottled paint for hobby, craft, cosmetic or artistic use; |
consumer paint
stewardship program |
|
(e) "consumer paint stewardship program" means a program approved by
the Minister under section 37 that |
|
|
(i) establishes a process for the collection, transportation and
recycling of paint, and |
|
|
|
(ii) incorporates the principles of a pollution prevention hierarchy by
replacing disposal with reuse and recycling of paint; |
retailer |
|
(f) "retailer" means a person who sells or offers for sale consumer paint
products directly to consumers. |
Designation |
34. (1) For the purposes of the Act and these regulations, a consumer
paint product is a designated material. |
Discarding consumer paint
product |
(2) No person shall discard a consumer paint product except |
|
(a) at a recycling facility approved to accept the consumer paint product
pursuant to these regulations; or |
|
|
(b) in accordance with an approved consumer paint product stewardship
program. |
Prohibition |
35. (1) No brand owner of a consumer paint product shall sell, offer for
sale or otherwise distribute a consumer paint product in or into the
province unless the brand owner, or an agent of the brand owner of the
consumer paint product, operates a consumer paint material stewardship
program in respect of the consumer paint product. |
Idem |
(2) No retailer shall sell, offer for sale or otherwise distribute a
consumer paint product in or into the province unless the brand owner of the
consumer paint product, or an agent of the brand owner of the consumer paint
product, operates a consumer paint material stewardship program in respect
of the consumer paint product. |
Designation of agent |
36. A brand owner may, by written agreement with any person, designate
that person as the agent of the brand owner to operate a consumer paint
material stewardship program on the brand owner's behalf. |
|
Proposal |
Proposal for approval of
consumer paint material stewardship program |
37. (1) A brand owner who wishes to apply for approval of a consumer
paint material stewardship program shall file with the Minister a completed
proposal in a format approved by the Minister. |
Idem |
(2) An agent of a brand owner who wishes to operate a consumer paint
material stewardship program on the brand owner's behalf and who wishes to
apply for approval of the program shall file with the Minister a completed
proposal in a format approved by the Minister. |
Material to be submitted |
(3) An applicant shall submit with a proposal made under subsection (1) or
(2) detailed information respecting |
|
|
(a) the management structure of the program; |
|
|
(b) how waste consumer paint products will be collected; |
|
|
(c) the plans for the receipt of consumer paint products at the consumer
paint product return facilities that participate in the program and the
policies and procedures to be followed by the consumer paint product return
facilities; |
|
|
(d) the recycling options for waste consumer paint products; |
|
|
(e) the quality control and assurance aspects of the program, including
tracking and auditing mechanisms; and |
|
|
(f) an education and awareness program for consumers of consumer paint
products that includes information about |
|
|
|
(i) the consumer paint material stewardship program, specifying products
accepted by the program, |
|
|
|
(ii) how and when consumers can access consumer paint product return
facilities, |
|
|
|
(iii) the environmental benefits of participating in the consumer paint
material stewardship program, and |
|
|
|
(iv) a description of the proposed methods for reusing and recycling
consumer paint products. |
Additional information |
(4) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the proposal. |
Requirements for approval
of consumer paint material stewardship program |
(5) The Minister shall approve a consumer paint material stewardship program
if the Minister is satisfied that |
|
(a) the proposal has been made in accordance with the requirements of these
regulations; |
|
(b) the proposal |
|
|
|
(i) includes the information referred to in clauses (3)(a) to (f) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the consumer paint material
stewardship program in compliance with the Act and these regulations; and |
|
|
(c) approval of the program is in the public interest having regard to the
matters referred to in clauses (3)(a) to (f). |
Reasons for refusal |
(6) Where the Minister refuses to approve a consumer paint material
stewardship program, the Minister shall provide written reasons for the
refusal to the applicant. |
Approval of consumer
paint material stewardship program |
(7) Where the Minister approves a consumer paint material stewardship
program, the applicant shall, not later than the commencement date of the
program, pay the fee prescribed by subsection (8). |
Approval fee |
(8) The fee for an approval of a consumer paint material stewardship program
is $10,000, payable to the Minister of Finance, Energy and Municipal
Affairs. |
Payment of annual fee |
38. (1) A brand owner or an agent who operates a consumer paint material
stewardship program shall, on or before July 31 of each year, pay the annual
fee prescribed by subsection (2). |
Annual fee |
(2) The annual fee for a consumer paint material stewardship program
is $10,000, payable to the Minister of Finance, Energy and Municipal
Affairs. |
Appointment of
administrator |
39. The Minister may |
|
|
(a) appoint any person as the administrator of a consumer paint material
stewardship program; and A |
|
|
(b) specify the duties and responsibilities of an administrator appointed
under clause (a). |
|
Information |
Request for information
by Minister |
40. A brand owner or an agent who operates a consumer paint material
stewardship program shall, upon request in writing from the Minister,
provide the Minister with any information about the consumer paint material
stewardship program, including any of the following: |
|
|
(a) the types of processes used to reuse and recycle the consumer paint
products and their components; |
|
|
(b) the location of the consumer paint product return facilities for
the consumer paint products; |
|
|
(c) the location of any long-term containment or final treatment and
processing facilities for consumer paint products; |
|
|
(d) records showing that the program adheres to established industry vendor
qualification standards, or information demonstrating that the consumer
paint products collected are managed in a manner that employs environmental
and human health and safety standards meeting or exceeding applicable
federal, provincial and local regulations. |
Internalization of fees |
41. No retailer shall charge a consumer any separate fee with respect
to the costs associated with implementing or operating a paint stewardship
plan. |
Display of education and
awareness program information |
42. A retailer shall prominently display, at the point of display or the
point of sale of a consumer paint product, the education and awareness
program information referred to in clause 37(3)(f) that is supplied to it by
the brand owner or the brand owner's agent. |
Review of consumer paint
material stewardship program |
43. A brand owner or an agent who operates a consumer paint material
stewardship program shall review the consumer paint material stewardship
program and |
|
|
(a) submit to the Minister all proposed amendments to the consumer paint
material stewardship program; or |
|
|
(b) advise the Minister in writing that in its opinion no amendments to the
consumer paint material stewardship program are necessary, |
|
not later than the date that is 5 years
after the date the consumer paint material stewardship program was first
approved under subsection 37(5) and every 5 years thereafter. |
Reporting quantity of
consumer paint materials collected |
44. A brand owner or an agent who operates a consumer paint material
stewardship program shall, on or before June 30 of each year, or on or
before the date set by the Minister, inform the Minister in writing of the
total quantity of consumer paint products collected during the previous
calendar year. |
Operation of consumer
paint material stewardship program |
45. (1) No brand owner who operates a consumer paint material stewardship
program shall fail to operate the consumer paint material stewardship
program in accordance with the program as approved under subsection 37(5). |
Idem |
(2) No agent who has been designated to operate a consumer paint material
stewardship program on a brand owner's behalf shall fail to operate the
consumer paint material stewardship program in accordance with the program
as approved under subsection 37(5). |
|
Division 3 |
|
Lamp Products |
Definitions |
46. In this Division, |
administrator |
|
(a) "administrator" means an administrator appointed under section 52; |
agent |
|
(b) "agent" means an agent of a brand owner designated under section 49; |
brand owner |
|
(c) "brand owner" means, in respect of a lamp product sold, offered for sale
or otherwise distributed in or into the province, |
|
|
|
(i) a manufacturer of the lamp product, |
|
|
|
(ii) a distributor of the lamp product in or into the province, |
|
|
|
(iii) where the lamp product is imported into the province, the first person
to sell the lamp product in or into the province; |
land product |
|
(d) "lamp product" means a light source designed to produce light from
electricity including, but not limited to, |
|
|
|
(i) fluorescent tubes, |
|
|
|
(ii) compact fluorescent lamps, |
|
|
|
(iii) high-intensity discharge lamps, |
|
|
|
(iv) incandescent lamps, |
|
|
|
(v) light-emitting diode lamps; |
lamp product stewardship
program |
(e) "lamp product stewardship program" means a program approved by the
Minister under subsection 50(5) that |
|
|
(i) establishes a process for the collection, transportation and recycling
of lamp products, and |
|
|
|
(ii) incorporates the principles of a pollution prevention hierarchy by
replacing disposal with recycling of lamp products; |
retailer |
|
(f) "retailer" means a person who sells or offers for sale lamp
products directly to consumers. (EC349/14) |
Designation |
47. (1) For the purposes of the Act and these regulations, a lamp product is
a designated material. |
Discarding lamp product |
(2) No person shall discard a lamp product except |
|
|
(a) at a recycling facility approved to accept lamp products pursuant
to these regulations; or |
|
|
(b) in accordance with an approved lamp product stewardship program.
(EC349/14) |
Prohibition |
48. (1) No brand owner of a lamp product shall sell, offer for sale or
otherwise distribute a lamp product in or into the province unless the brand
owner, or an agent of the brand owner of the lamp product, operates a lamp
product stewardship program in respect of the lamp product. |
Idem |
(2) No retailer shall sell, offer for sale or otherwise distribute a lamp
product in or into the province unless the brand owner of the lamp product,
or an agent of the brand owner of the lamp product, operates a lamp product
stewardship program in respect of the lamp product.
(EC349/14) |
Designation of agent |
49. A brand owner may, by written agreement with any person, designate that
person as the agent of the brand owner to operate an lamp product
stewardship program on the brand owner's behalf.
(EC349/14) |
|
Proposal |
Proposal for approval of
land product stewardship program |
50. (1) A brand owner who wishes to apply for approval of a lamp
product stewardship program shall file with the Minister a completed
proposal in a format approved by the Minister. |
Idem |
(2) An agent of a brand owner who wishes to operate a lamp product
stewardship program on the brand owner's behalf and who wishes to apply for
approval of the program shall file with the Minister a completed proposal in
the format approved by the Minister. |
Material to be submitted |
(3) An applicant shall submit with a proposal made under subsection (1) or
(2) detailed information respecting |
|
|
(a) the management structure of the program; |
|
|
(b) how waste lamp products will be collected; |
|
|
(c) the recycling options for waste lamp products; |
|
|
(d) the quality control and assurance aspects of the program,
including tracking and auditing mechanisms; and |
|
|
(e) an education and awareness program for consumers of lamp products that
includes information about |
|
|
|
(i) the lamp product stewardship program, specifying products accepted by
the program, |
|
|
|
(ii) the environmental benefits of participating in the lamp product
stewardship program, and |
|
|
|
(iii) a description of the proposed methods for recycling lamp products. |
Additional information |
(4) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the proposal. |
Requirements for approval
of land product stewardship program |
(5) The Minister shall approve a lamp product stewardship program if the
Minister is satisfied that |
|
(a) the proposal has been made in accordance with the requirements of
these regulations; |
|
|
b) the proposal |
|
|
|
(i) includes the information referred to in clauses (3)(a) to (e) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the lamp products stewardship
program in compliance with the Act and these regulations; and |
|
|
(c) approval of the program is in the public interest having regard to the
matters referred to in clauses (3)(a) to (e). |
Reasons for refusal |
(6) Where the Minister refuses to approve a lamp product stewardship
program, the Minister shall provide written reasons for the refusal to the
applicant. |
Approval of land product
stewardship program |
(7) Where the Minister approves a lamp product stewardship program, the
applicant shall, not later than the commencement date of the program, pay
the fee prescribed by subsection (8). |
Approval fee |
(8) The fee for an approval of a lamp product stewardship program is $5,000,
payable to the Minister of Finance, Energy and Municipal Affairs. |
Payment of annual fee |
51. (1) A brand owner or an agent who operates a lamp product stewardship
program shall, on or before July 31 of each year, pay the annual fee
prescribed by subsection (2). |
annual fee |
(2) The annual fee for a lamp products stewardship program is $5,000,
payable to the Minister of Finance, Energy and Municipal Affairs. |
Appointment of
administrator |
52. The Minister may |
|
|
(a) appoint any person as the administrator of a lamp products stewardship
program; and |
|
|
(b) specify the duties and
responsibilities of an administrator appointed under clause (a). |
|
Information |
Request for information
by Minister |
53. A brand owner or an agent who operates a lamp products stewardship
program shall, upon request in writing from the Minister, provide the
Minister with any information about the lamp product stewardship program,
including any of the following: |
|
|
(a) the types of processes used to reuse and recycle the lamp products and
their components; |
|
|
(b) the location of the lamp product return facilities for the lamp
products; |
|
|
(c) the location of any long-term containment or final treatment and
processing facilities for lamp products; |
|
|
(d) records showing that the program adheres to established industry vendor
qualification standards, or information demonstrating that the lamp products
collected are managed in a manner that employs environmental and human
health and safety standards meeting or exceeding applicable federal,
provincial and local regulations. |
Internalization of fews |
54. No retailer shall charge a consumer any separate fee with respect
to the costs associated with implementing or operating a lamp product
stewardship plan. |
Display of education and
awareness program information |
55. A retailer shall prominently display, at the point of display or the
point of sale of a lamp product, the education and awareness program
information referred to in clause 50(3)(e) that is supplied to it by the
brand owner or the brand owner's agent. |
Review of land product
stewardship program |
56. A brand owner or an agent who operates a lamp product stewardship
program shall review the lamp product stewardship program and |
|
|
(a) submit to the Minister all proposed amendments to the lamp product
stewardship program; or |
|
|
(b) advise the Minister in writing that in its opinion no amendments to the
lamp product stewardship program are necessary, |
|
not later than the date that is 5 years after the date the lamp product
stewardship program was first approved under subsection 50(5) and every 5
years thereafter. |
Reporting quantity of
land products collected |
57. A brand owner or an agent who operates a lamp product stewardship
program shall, on or before June 30 of each year, or on or before the date
set by the Minister, inform the Minister in writing of the total quantity of
lamp products collected during the previous calendar year. |
Operation of land product
stewardship program |
58. (1) No brand owner who operates a lamp product stewardship program shall
fail to operate the lamp product stewardship program in accordance with the
program as approved under subsection 50(5). |
Idem |
(2) No agent who has been designated to operate a lamp products stewardship
program on a brand owner's behalf shall fail to operate the lamp products
stewardship program in accordance with the program as approved under
subsection 50(5). |
|
DIVISION 4 |
|
Oil and Glycol Products |
Definitions |
59. In this Part |
administrator |
|
(a) "administrator" means an administrator appointed under section 65; |
agent |
|
(b) "agent" means an agent of a brand owner designated under section 62; |
brand owner |
|
(c) "brand owner" means, in respect of an oil, oil filter or glycol product
sold, offered for sale or otherwise distributed in or into the province, |
|
|
|
(i) a manufacturer of the oil, oil filter or glycol product, |
|
|
|
(ii) a distributor of the oil, oil filter or glycol product in or into the
province, |
|
|
|
(iii) where the oil, oil filter or glycol product is imported into the
province, the first person to sell the oil, oil filter or glycol product in
or into the province; |
glycol |
|
(d) "glycol" means ethylene or propylene glycol used or intended for use as
a vehicle or commercial engine coolant, but does not include the following: |
|
|
|
(i) plumbing antifreeze, |
|
|
|
(ii) windshield washer antifreeze, |
|
|
|
(iii) lock de-icer and antifreeze, and |
|
|
|
(iv) gasoline and diesel fuel antifreeze; |
glycol product |
|
(e) "glycol product" includes a container with a capacity of up to 50
litres manufactured for the purpose of holding glycol; |
oil |
|
(e) "oil" means petroleum or synthetic derived crankcase oil, engine oil and
gear oil, hydraulic fluid, transmission fluid and heat transfer fluid, and
fluid used for lubricating purposes in machinery or equipment; |
oil filter |
|
(f) "oil filter" means |
|
|
|
(i) a spin-on style or element style fluid filter that is used in hydraulic,
transmission or internal combustion engine applications, and |
|
|
|
(ii) an oil filter, a diesel fuel filter, a storage tank fuel filter and a
household furnace oil filter other than a gasoline filter; |
oil product |
|
(e) "oil product" includes a container with a capacity of up to 50 litres
manufactured for the purpose of holding an oil product and includes aerosol
containers as well as aerosol containers used to contain products used as
brake cleaner; |
oil products and glycol
stewardship program |
|
(g) "oil products and glycol stewardship program" means a program approved
by the Minister under section 63 that |
|
|
(i) establishes a process for the collection, transportation and recycling
of oil, oil filters or glycol, and |
|
|
|
(ii) incorporates the principles of a pollution prevention hierarchy by
replacing disposal with reuse and recycling of oil, oil filters or glycol; |
retailer |
|
(h) "retailer" means a person who sells or offers for sale oil, oil filters
or glycol products directly to consumers.
(EC603/15) |
Designation |
60. (1) For the purposes of the Act and these regulations, an oil product,
oil filter or glycol product is a designated material. |
Discarding oil product,
oil filter or glycol product |
(2) No person shall discard an oil product, oil filter or glycol product
except |
|
(a) at a recycling facility approved to accept oil products, oil
filters or glycol products pursuant to these regulations; |
|
|
(b) at an automotive salvage and scrap metal collection facility operated by
a person who holds an automotive salvage and scrap metal endorsement issued
under section 17, if the collection of oil products, oil filters or glycol
products is part of the ordinary course of business of the automotive
salvage and scrap metal collection facility; or |
|
|
(c) in accordance with an approved oil and glycol stewardship program.
(EC349/14) |
|
Oil and Glycol Stewardship Program |
Prohibition |
61. (1) No brand owner of an oil product, oil filter or glycol product shall
sell, offer for sale or otherwise distribute the oil product, oil filter or
glycol product in or into the province unless the brand owner, or an agent
of the brand owner, of the oil product, oil filter or glycol product
operates an oil and glycol stewardship program in respect of the oil
product, oil filter or glycol product. |
Idem |
(2) No retailer shall sell, offer for sale or otherwise distribute an oil
product, oil filter or glycol product in or into the province unless the
brand owner of the oil product, oil filter or glycol product, or an agent of
the brand owner of the oil product, oil filter or glycol product, operates
an oil and glycol stewardship program in respect of the oil product, oil
filter or glycol product. (EC349/14) |
Designation of agent |
62. A brand owner may, by written agreement with any person, designate
that person as the agent of the brand owner to operate an oil and glycol
stewardship program on the brand owner's behalf. |
|
Proposal |
Proposal for approval of
oil and glycol stewardship program |
63. (1) A brand owner who wishes to apply for approval of an oil and
glycol stewardship program shall file with the Minister a completed proposal
in the format approved by the Minister. |
Idem |
(2) An agent of a brand owner who wishes to operate an oil and glycol
stewardship program on the brand owner's behalf and who wishes to apply for
approval of the program shall file with the Minister a completed proposal in
the format approved by the Minister. |
Material to be submitted |
(3) An applicant shall submit with a proposal made under subsection (1) or
(2) detailed information respecting |
|
|
(a) the management structure of the program; |
|
|
(b) how waste oil products, oil filters, or glycol products will be collected; |
|
|
(c) the plans for the receipt of oil products, oil filters, or glycol products and the
policies and procedures to be followed by the applicant; |
|
|
(d) the recycling options for waste oil products, oil filters, or glycol products; |
|
|
(e) the quality control and assurance aspects of the program, including
tracking and auditing mechanisms; and |
|
|
(f) an education and awareness program for consumers of oil products, oil
filters, or glycol products that includes information about |
|
|
|
(i) the oil and glycol stewardship program, specifying products
accepted by the program, |
|
|
|
(ii) how and when consumers can return oil products, oil filters, or glycol products, |
|
|
|
(iii) the environmental benefits of participating in the oil and
glycol stewardship program, and |
|
|
|
(iv) a description of the proposed methods for reusing and recycling oil
products,
oil filters or glycol products. |
Additional information |
(4) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the proposal. |
Approval of oil and
glycol stewardship program |
(5) The Minister shall approve an oil and glycol stewardship program
if the Minister is satisfied that |
|
(a) the proposal has been made in accordance with the requirements of
these regulations; |
|
|
(b) the proposal |
|
|
|
(i) includes the information referred to in clauses (3)(a) to (f) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the oil and glycol
stewardship program in compliance with the Act and these regulations; and |
|
|
(c) approval of the program is in the public interest having regard to
the matters referred to in clauses (3)(a) to (f). |
Reasons for refusal |
(6) Where the Minister refuses to approve an oil and glycol stewardship
program, the Minister shall provide written reasons for the refusal to the
applicant. |
Approval fee |
(7) Where the Minister approves an oil and glycol stewardship program, the
applicant shall, not later than the commencement date of the program, pay
the fee prescribed by subsection (8). |
Idem |
(8) The fee for an approval of an oil and glycol stewardship program is
$5,000, payable to the Minister of Finance, Energy and Municipal Affairs.
(EC603/15) |
Payment of annual fee |
64. (1) A brand owner or an agent who operates an oil and glycol
stewardship program shall, on or before July 31 of each year, pay the annual
fee prescribed by subsection (2). |
Annual fee |
(2) The annual fee for an oil and glycol stewardship program is $5,000,
payable to the Minister of Finance, Energy and Municipal Affairs. |
Appointment of
administrator |
65. The Minister may |
|
|
(a) appoint any person as the administrator of an oil and glycol stewardship
program; and |
|
|
(b) specify the duties and responsibilities of an administrator appointed
under clause (a). |
|
Information |
Request for information
by Minister |
66. A brand owner or an agent who operates an oil and glycol stewardship
program shall, upon request in writing from the Minister, provide the
Minister with any information about the oil and glycol stewardship program,
including any of the following: |
|
|
(a) the types of processes used to reuse and recycle the oil products,
oil filters or glycol products and their components; |
|
|
(b) the location of any long term containment or final treatment and
processing facilities for oil products, oil filters or glycol products; |
|
|
(c) records showing that the program adheres to established industry vendor
qualification standards, or information demonstrating that the oil products,
oil filters or glycol products collected are managed in a manner that
employs environmental and human health and safety standards meeting or
exceeding applicable federal, provincial and local regulations. |
Internalization of fees |
67. No retailer shall charge a consumer any separate fee with respect to the
costs associated with implementing an oil and glycol stewardship program. |
Display of education and
awareness program information |
68. A retailer shall prominently display, at the point of display or the
point of sale of an oil product, oil filter or glycol product, the education
and awareness program information referred to in clause 63(3)(f) that is
supplied to it by the brand owner or the brand owner's agent. |
Review of oil and glycol
stewardship program |
69. A brand owner or an agent who operates an oil and glycol stewardship
program shall review the oil and glycol stewardship program and |
|
|
(a) submit to the Minister all proposed amendments to the oil and glycol
stewardship program; or |
|
|
(b) advise the Minister in writing that in its opinion no amendments to the
oil and glycol stewardship program are necessary, |
|
not later than the date that is 5 years after the date the oil and glycol
stewardship program was first approved under subsection 63(5) and every 5
years thereafter. |
Reporting quantity of oil
or glycol materials collected |
70. A brand owner or an agent who operates an oil and glycol stewardship
program shall, on or before June 30 of each year, or on or before the date
set by the Minister, inform the Minister in writing of the total quantity of
oil products, oil filters or glycol products collected during the previous
calendar year. |
Operation of oil and
glycol stewardship program |
71. (1) No brand owner who operates an oil and glycol stewardship program
shall fail to operate the oil and glycol stewardship program in accordance
with the program as approved under subsection 63(5). |
Idem |
(2) No agent who has been designated to operate an oil and glycol
stewardship program on a brand owner's behalf shall fail to operate the oil
and glycol stewardship program in accordance with the program as approved
under subsection 63(5). |
|
DIVISION 5 |
|
Lead-acid Batteries |
Definitions |
72. In this Division, |
administrator |
|
(a) "administrator" means an administrator appointed under section 78; |
agent |
|
(b) "agent" means an agent of a brand owner designated under section 75; |
brand owner |
|
(c) "brand owner" means, in respect of a lead-acid battery sold, offered for
sale or otherwise distributed in or into the province, |
|
|
|
(i) a manufacturer of the lead-acid battery, |
|
|
|
(ii) a distributor of the lead-acid battery in or into the province, or |
|
|
|
(iii) where the lead-acid battery is imported into the province, the
first person to sell the lead-acid battery in or into the province; |
lead-acid battery |
|
(d) "lead-acid battery" means a device consisting of one or more cells, each
containing the essentials for producing voltage electricity and designed and
used for the storage of electrical energy through chemical reactions
involving lead and acids; |
lead-acid battery
stewardship program |
|
(e) "lead-acid battery stewardship program" means a program approved by the
Minister under section 76 that |
|
|
(i) establishes a process for the collection, transportation and recycling
of lead-acid batteries, and |
|
|
|
(ii) incorporates the principles of a pollution prevention hierarchy
by replacing disposal with reuse and recycling of lead-acid batteries; |
retailer |
|
(f) "retailer" means a person who |
|
|
|
(i) stores new lead-acid batteries at a fixed location, and |
|
|
|
(ii) sells or offers for sale new lead-acid batteries directly to consumers; |
used lead-acid battery |
|
(g) "used lead-acid battery" means a lead-acid battery which has been used
and is no longer suitable for its original purpose. |
Designation |
73. (1) For the purposes of the Act and these regulations, a lead-acid
battery is a designated material. |
Discarding used lead-acid
batter |
(2) No person shall discard a used lead-acid battery except |
|
(a) at a recycling facility approved to accept used lead-acid
batteries pursuant to these regulations; |
|
|
(b) at an automotive salvage and scrap metal collection
facility operated by a person who holds an automotive salvage and scrap
metal endorsement issued under section 17, if the collection of lead-acid
batteries is part of the ordinary course of business of the automotive
salvage and scrap metal collection facility; or |
|
|
(c) in accordance with an approved lead-acid battery stewardship program.
(EC349/14) |
|
Lead-acid Battery Stewardship Program |
Prohibition |
74.(1) No brand owner of a lead-acid battery shall
sell, offer for sale or otherwise distribute a lead-acid battery in or into
the province unless the brand owner, or an agent of the brand owner of the
lead-acid battery, operates a lead-acid battery stewardship program in
respect of the lead-acid battery. |
Idem |
(2) No retailer shall
sell, offer for sale or otherwise distribute a lead-acid battery in or
into the province unless the brand owner of the lead-acid battery, or an
agent of the brand owner of the lead-acid battery, operates a lead-acid
battery stewardship program in respect of the lead-acid battery.
(EC349/14) |
Designation of agent |
75. A brand owner may, by written agreement with any person, designate that
person as the agent of the brand owner to operate a lead-acid battery
stewardship program on the brand owner's behalf. |
|
Proposal |
Proposal for approval of
lead-acid battery stewardship program |
76. (1) A brand owner who wishes to apply for approval of a lead-acid
battery stewardship program shall file with the Minister a completed
proposal in a format approved by the Minister. |
Idem |
(2) An agent of a brand owner who wishes to operate a lead-acid battery
stewardship program on the brand owner's behalf and who wishes to apply for
approval of the program shall file with the Minister a completed proposal in
a format approved by the Minister. |
Material to be submitted |
(3) An applicant shall submit with a proposal made under subsection
(1) or (2) detailed information respecting |
|
|
(a) the management structure of the program; |
|
|
(b) how used lead-acid batteries will be collected; |
|
|
(c) the plans for the receipt of used
lead-acid batteries at the lead-acid battery return facilities that
participate in the program and the policies and procedures to be followed by
the lead-acid battery return facilities; |
|
|
(d) the recycling options for used lead-acid batteries; |
|
|
(e) the quality control and assurance aspects of the program, including
tracking and auditing mechanisms; and |
|
|
(f) an education and awareness program for consumers of lead-acid batteries
that includes information about |
|
|
|
(i) the lead-acid battery stewardship program, specifying products accepted
by the program, |
|
|
|
(ii) how and when consumers can access lead-acid battery return
facilities, |
|
|
|
(iii) the environmental benefits of participating in the lead-acid battery
stewardship program, and |
|
|
|
(iv) a description of the proposed methods for collecting and recycling
lead-acid batteries. |
Additional information |
(4) The Minister may require an applicant who submits a proposal under
this section to provide any additional information that the Minister
requires to consider the proposal. |
Requirements for approval
of lead-acid battery stewardship program |
(5) The Minister shall approve a lead-acid battery stewardship program if
the Minister is satisfied that |
|
(a) the proposal has been made in accordance with the requirements of these
regulations; |
|
(b) the proposal |
|
|
|
(i) includes the information referred to in clauses (3)(a) to (f) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the lead-acid battery
stewardship program in compliance with the Act and these regulations; and |
|
|
(c) approval of the program is in the public interest having regard to
the matters referred to in clauses (3)(a) to (f). |
Reasons for refusal |
(6) Where the Minister refuses to approve a lead-acid battery
stewardship program, the Minister shall provide written reasons for the
refusal to the applicant. |
Approval of lead-acid
battery stewardship progarm |
(7) Where the Minister approves a lead-acid battery stewardship
program, the applicant shall, not later than the commencement date of the
program, pay the fee prescribed by subsection (8). |
Approval fee |
(8) The fee for an approval of a lead-acid battery stewardship program is
$5,000, payable to the Minister of Finance, Energy and Municipal Affairs. |
Payment of annual fee |
77. (1) A brand owner or an agent who operates a lead-acid battery
stewardship program shall, on or before June 30 of each year, pay the annual
fee prescribed by subsection (2). |
Annual fee |
(2) The annual fee for a lead-acid battery stewardship program is $5,000,
payable to the Minister of Finance, Energy and Municipal Affairs. |
Appointment of
administrator |
78. The Minister may |
|
|
(a) appoint any person as the administrator of a lead-acid battery
stewardship program; and |
|
|
(b) specify the duties and responsibilities of an administrator appointed
under clause (a). |
|
Information |
Request for information
by Minister |
79. A brand owner
or an agent who operates a lead-acid battery stewardship program shall,
upon request in writing from the Minister, Additional information
Requirements for approval of lead-acid battery stewardship program, including
any of the following: |
|
|
(a) the types of processes used to recycle used lead-acid batteries; |
|
|
(b) the location of the lead-acid
battery return facilities for used lead-acid batteries; |
|
|
(c) the location of any long-term containment or final treatment and
processing facilities for used lead-acid batteries; |
|
|
(d) records showing that the program adheres to established industry vendor
qualification standards, or information demonstrating that the lead-acid
batteries collected are managed in a manner that employs environmental and
human health and safety standards meeting or exceeding applicable federal,
provincial and local regulations. |
Internalization of fees |
80. No retailer shall charge a consumer any separate fee with respect to the
costs associated with implementing or operating a lead-acid battery
stewardship plan. |
Display of education and
awareness program information |
81. A retailer shall prominently display, at the point of display or the
point of sale of a lead-acid battery, the education and awareness program
information referred to in clause 76(3)(f) that is supplied to it by the
brand owner or the brand owner's agent. |
Review of lead-acid
battery stewardship program |
82. A brand owner or an agent who operates a lead-acid battery stewardship
program shall review the lead-acid battery stewardship program and |
|
|
(a) submit to the Minister all proposed amendments to the lead-acid battery
stewardship program; or |
|
|
(b) advise the Minister in writing that in its opinion no amendments to the
lead-acid battery stewardship program are necessary, |
|
not later than the date that is 5 years after the date the lead-acid battery
stewardship program was first approved under subsection 76(5) and every 5
years thereafter. |
Reporting quantity of
used lead-acid batteries collected |
83. A brand owner or an agent who operates a lead-acid battery stewardship
program shall, on or before June 30 of each year, or on or before the date
set by the Minister, inform the Minister in writing of the total quantity of
used lead-acid batteries collected during the previous calendar year. |
Operation of lead-acid
battery stewardship program |
84. (1) No brand owner who operates a lead-acid battery stewardship program
shall fail to operate the lead-acid battery stewardship program in
accordance with the program as approved under subsection 76(5). |
Idem |
(2) No agent who has been designated to operate a lead-acid battery
stewardship program on a brand owner's behalf shall fail to operate the
stewardship program in accordance with the program as approved under
subsection 76(5). |
|
DIVISION 6 |
|
Pharmaceutical Products |
Definitions |
85. In this Division, |
administrator |
|
(a) "administrator" means an administrator appointed under section 91; |
agent |
|
(b) "agent" means an agent of a brand owner designated under section
88; |
brand owner |
|
(c) "brand owner" means, in respect of a pharmaceutical product sold,
offered for sale or otherwise distributed in or into the province, |
|
|
|
(i) a manufacturer of the pharmaceutical product, |
|
|
|
(ii) a distributor of the pharmaceutical product in or into the
province, or |
|
|
|
(iii) where the pharmaceutical product is imported into the province,
the first person to sell the pharmaceutical product in or into the province; |
pharmaceutical product |
|
(d) "pharmaceutical product" means a drug within the meaning of section 2 of
the Food and Drugs Act (Canada) and includes a natural health product within
the meaning of the Natural Health Products Regulations made under that Act,
but does not include |
|
|
|
(i) a substance or mixture of substances manufactured, sold or
represented for use in disinfection in premises in which food within the
meaning of section 2 of the Food and Drugs Act (Canada) is manufactured,
prepared or kept, |
|
|
|
(ii) a food within the meaning of section 2 of the Food and Drugs Act
(Canada), |
|
|
|
(iii) a cosmetic within the meaning of section 2 of the Food and Drugs Act
(Canada), or |
|
|
|
(iv) items in any of the following classes: |
|
|
|
(A) contact lens disinfectants, |
|
|
|
(B) anti-dandruff products, including shampoos, |
|
|
|
(C) anti-perspirants, |
|
|
|
(D) sunburn protectants, |
|
|
|
(E) mouthwash, |
|
|
|
(F) fluoridated toothpaste, |
|
|
|
(G) topical substances not containing antibiotics or anti-fungal agents, |
|
|
|
(H) radio pharmaceuticals, |
|
|
|
(I) antiseptic or medicated skin-care products, |
|
|
|
(J) veterinary medications and products; |
pharmaceutical product
stewardship program |
|
(e) "pharmaceutical product stewardship program" means a program approved by
the Minister under section 89 that establishes a process for the collection,
transportation and disposal of pharmaceutical products; |
retailer |
|
(f) "retailer" means a person who sells or offers for sale pharmaceutical
products directly to consumers. |
Designation |
86. (1) For the purposes of the Act and these regulations, pharmaceutical
products are a designated material. |
Discarding pharmaceutical
products |
(2) No person shall discard pharmaceutical products except |
|
(a) at a facility approved to accept pharmaceutical products pursuant to
these regulations; or |
|
|
(b) in accordance with an approved pharmaceutical product stewardship
program. |
|
Pharmaceutical Product Stewardship Program |
Prohibition |
87. (1) No brand owner of a pharmaceutical product shall sell, offer for
sale or otherwise distribute a pharmaceutical product in or into the
province unless the brand owner, or an agent of the brand owner of the
pharmaceutical product, operates a pharmaceutical product stewardship
program in respect of the pharmaceutical product. |
Idem |
(2) No retailer shall sell, offer for sale or otherwise distribute a
pharmaceutical product in or into the province unless the brand owner of the
pharmaceutical product, or an agent of the brand owner of the pharmaceutical
product, operates a pharmaceutical product stewardship program in respect of
the pharmaceutical product. |
Designation of agent |
88. A brand owner may, by written agreement with any person, designate that
person as the agent of the brand owner to operate a pharmaceutical product
stewardship program on the brand owner's behalf. |
|
Proposal |
Proposal for approval of
pharmaceutical product stewardship program |
89. (1) A brand owner who wishes to apply for approval of a
pharmaceutical product stewardship program shall file with the Minister a
completed proposal in a format approved by the Minister. |
Idem |
(2) An agent of a brand owner who wishes to operate a pharmaceutical product
stewardship program on the brand owner's behalf and who wishes to apply for
approval of the program shall file with the Minister a completed proposal in
a format approved by the Minister. |
Material to be submitted |
(3) An applicant shall submit with a proposal made under subsection
(1) or (2) detailed information respecting |
|
|
(a) the management structure of the program; |
|
|
(b) how discarded pharmaceutical products will be collected; |
|
|
(c) the plans for the receipt of discarded pharmaceutical products at the
pharmaceutical product return facilities that participate in the program and
the policies and procedures to be followed by the pharmaceutical product
return facilities; |
|
|
(d) the quality control and assurance aspects of the program, including
tracking and auditing mechanisms; and |
|
|
(e) an education and awareness program for consumers of pharmaceutical
products that includes information about |
|
|
|
(i) the pharmaceutical product stewardship program, specifying products
accepted by the program, |
|
|
|
(ii) how and when consumers can access pharmaceutical product return
facilities, and |
|
|
|
(iii) the environmental benefits of participating in the pharmaceutical
product stewardship program. |
Additional information |
(4) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the proposal. |
Requirements for approval
of pharmaceutical product stewardship program |
(5) The Minister shall approve a pharmaceutical product stewardship program
if the Minister is satisfied that |
|
(a) the proposal has been made in accordance with the requirements of these
regulations; |
|
(b) the proposal |
|
|
|
(i) includes the information referred to in clauses (3)(a) to (e) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the pharmaceutical product
stewardship program in compliance with the Act and these regulations; and |
|
|
(c) approval of the program is in the public interest having regard to the
matters referred to in clauses (3)(a) to (e). |
Reasons for refusal |
(6) Where the Minister refuses to approve a pharmaceutical product
stewardship program, the Minister shall provide written reasons for the
refusal to the applicant. |
Approval of
pharmaceutical product stewardship program |
(7) Where the Minister approves a pharmaceutical product stewardship
program, the applicant shall, not later than the commencement date of the
program, pay the fee prescribed by subsection (8). |
Approval fee |
(8) The fee for an approval of a pharmaceutical product stewardship
program is $5,000, payable to the Minister of Finance, Energy and Municipal
Affairs. |
Payment of annual fee |
90. (1) A brand owner or an agent who operates a pharmaceutical product
stewardship program shall, on or before June 30 of each year, pay the annual
fee prescribed by subsection (2). |
Annual fee |
(2) The annual fee for a pharmaceutical product stewardship program is
$5,000, payable to the Minister of Finance, Energy and Municipal Affairs. |
Appointment of
administrator |
91. The Minister may |
|
|
(a) appoint any person as the administrator of a pharmaceutical product
stewardship program; and |
|
|
(b) specify the duties and responsibilities of an administrator appointed
under clause (a). |
|
Information |
Request for information
by Minister |
92. A brand owner or an agent who operates a pharmaceutical product
stewardship program shall, upon request in writing from the Minister,
provide the Minister with any information about the pharmaceutical product
stewardship program, including any of the following: |
|
|
(a) the types of processes used to dispose of discarded pharmaceutical
products; |
|
|
(b) the location of the pharmaceutical product return facilities for
discarded pharmaceutical products; |
|
|
(c) the location of any long-term destruction or final treatment and
processing facilities for discarded pharmaceutical products; |
|
|
(d) records showing that the program adheres to established industry vendor
qualification standards, or information demonstrating that the discarded
pharmaceutical products collected are managed in a manner that employs
environmental and human health and safety standards meeting or exceeding
applicable federal, provincial and local regulations. |
Internalization of fees |
93. No retailer shall charge a consumer any separate fee with respect
to the costs associated with implementing or operating a pharmaceutical
product stewardship plan. |
Display of education and
awareness program information |
94. A retailer shall prominently display, at the point of display or
the point of sale of a pharmaceutical product, the education and awareness
program information referred to in clause 89(3)(e) that is supplied to it by
the brand owner or the brand owner's agent. |
Review of pharmaceutical
product stewardship program |
95. A brand owner or an agent who operates a pharmaceutical product
stewardship program shall review the pharmaceutical product stewardship
program and |
|
(a) submit to the Minister all proposed amendments to the pharmaceutical
product stewardship program; or |
|
|
(b) advise the Minister in writing that in its opinion no amendments to the
pharmaceutical product stewardship program are necessary, |
|
not later than the date that is 5 years after the date the pharmaceutical
product stewardship program was first approved under subsection 89(5) and
every 5 years thereafter. |
Reporting quantity of
pharmaceutical products collected |
96. A brand owner or an agent who operates a pharmaceutical product
stewardship program shall, on or before June 30 of each year, or on or
before the date set by the Minister, inform the Minister in writing of the
total quantity of discarded pharmaceutical products collected during the
previous calendar year. |
Operation of
pharmaceutical product stewardship program |
97. (1) No brand owner who operates a pharmaceutical product
stewardship program shall fail to operate the pharmaceutical product
stewardship program in accordance with the program as approved under
subsection 89(5). |
Idem |
(2) No agent who has been designated to operate a pharmaceutical product
stewardship program on a brand owner's behalf shall fail to operate the
pharmaceutical product stewardship program in accordance with the program as
approved under subsection 89(5). |
|
DIVISION 7 |
|
Medical Sharps |
Definitions |
98. In this Division, |
administrator |
|
(a) "administrator" means an administrator appointed under section 104; |
agent |
|
(b) "agent" means an agent of a brand owner designated under section 101; |
brand owner |
|
(c) "brand owner" means, in respect of medical sharps sold, offered for sale
or otherwise distributed in or into the province, |
|
|
|
(i) a manufacturer of the medical sharp, |
|
|
|
(ii) a distributor of the medical sharp in or into the province, or |
|
|
|
(iii) where the medical sharp is imported into the province, the first
person to sell the medical sharp in or into the province; |
medical sharp |
|
(d) "medical sharp" means a needle, safety engineered needle, lancet, or
other similar instrument that is designed to puncture the skin for medical
purposes and that is sold or otherwise distributed, and includes anything
affixed to the medical sharp, including a syringe; |
medical sharp stewardship
program |
|
(e) "medical sharp stewardship program" means a program approved by the
Minister under section 102 that establishes a process for the collection,
transportation and disposal of medical sharps; |
retailer |
|
(f) "retailer" means a person who sells or offers for sale medical sharps
directly to consumers. |
Designation |
99. (1) For the purposes of the Act and these regulations, medical
sharps are a designated material. |
Discarding medical sharps |
(2) No person shall discard medical sharps except
|
|
|
(a) at a facility approved to accept medical sharps
pursuant to these regulations; or |
|
|
(b) in accordance with an approved medical sharp
stewardship program. |
|
Medical Sharp Stewardship Program |
Prohibition |
100. (1) No brand owner of a medical sharp
shall sell, offer for sale or otherwise distribute medical sharps in or into
the province unless the brand owner, or an agent of the brand owner of the
medical sharp, operates a medical sharp stewardship program in respect of
the medical sharp. |
Idem |
(2) No retailer shall sell, offer for sale or
otherwise distribute medical sharps in or into the province unless the brand
owner of the medical sharp, or an agent of the brand owner of the medical
sharp, operates a medical sharp stewardship program in respect of the
medical sharp. |
Designation of agent |
101. A brand owner may, by written agreement with any person,
designate that person as the agent of the brand owner to operate a medical
sharp stewardship program on the brand owner's behalf. |
|
Proposal |
Proposal for approval of
medical sharp stewardship program |
102. (1) A brand owner who wishes to apply for approval of a medical
sharp stewardship program shall file with the Minister a completed proposal
in a format approved by the Minister. |
Idem |
(2) An agent of a brand owner who wishes to operate a medical sharp
stewardship program on the brand owner's behalf and who wishes to apply for approval of the
program shall file with the Minister a completed proposal in a format
approved by the Minister. |
Material to be submitted |
(3) An applicant shall submit with a proposal made under subsection (1) or
(2) detailed information respecting |
|
|
(a) the management structure of the program; |
|
|
(b) how discarded medical sharps will be collected; |
|
|
(c) the plans for the receipt of discarded medical sharps at the medical
sharp return facilities that participate in the program and the policies and
procedures to be followed by the medical sharp return facilities; |
|
|
(d) the quality control and assurance aspects of the program, including
tracking and auditing mechanisms; and |
|
|
(e) an education and awareness program for consumers of medical sharps that
includes information about |
|
|
|
(i) the medical sharp stewardship program, specifying products accepted by
the program, |
|
|
|
(ii) how and when consumers can access medical sharp return facilities, and |
|
|
|
(iii) the environmental benefits of participating in the medical sharp
stewardship program. |
Additional information |
(4) The Minister may require an applicant to provide any additional
information that the Minister requires to consider the application. |
Requirements for approval
of medical sharp stewardship progam |
(5) The Minister shall approve a medical sharp stewardship program if the
Minister is satisfied that |
|
(a) the proposal has been made in accordance with the requirements of these
regulations; |
|
(b) the proposal |
|
|
|
(i) includes the information referred to in clauses (3)(a) to (e) and is
otherwise acceptable to the Minister, and |
|
|
|
(ii) adequately provides for the operation of the medical sharp stewardship
program in compliance with the Act and these regulations; and |
|
|
(c) approval of the program is in the public interest having regard to the
matters referred to in clauses (3)(a) to (e). |
Reasons for refusal |
(6) Where the Minister refuses to approve a medical sharp stewardship
program, the Minister shall provide written reasons for the refusal to the
applicant. |
Approval of medical sharp
stewardship program |
(7) Where the Minister approves a medical sharp stewardship program, the
applicant shall, not later than the commencement date of the program, pay
the fee prescribed by subsection (8). |
Approval fee |
(8) The fee for an approval of a medical sharp stewardship program is
$5,000, payable to the Minister of Finance, Energy and Municipal Affairs. |
Payment of annual fee |
103. (1) A brand owner or an agent who operates a medical sharp
stewardship program shall, on or before June 30 of each year, pay the annual
fee prescribed by subsection (2). |
Annual fee |
(2) The annual fee for a medical sharp stewardship program is $5,000,
payable to the Minister of Finance, Energy and Municipal Affairs. |
Appointment of
administrator |
104. The Minister may |
|
|
(a) appoint any person as the administrator of a medical sharp stewardship
program; and |
|
|
(b) specify the duties and responsibilities of an administrator appointed
under clause (a). |
|
Information |
Request for information
by Minister |
105. A brand owner or an agent who operates a medical sharp
stewardship program shall, upon request in writing from the Minister,
provide the Minister with any information about the medical sharp
stewardship program, including any of the following: |
|
|
(a) the types of processes used to dispose of discarded medical sharps; |
|
|
(b) the location of the medical sharp return facilities for discarded
medical sharps; |
|
|
(c) the location of any long-term destruction or final treatment and
processing facilities for discarded medical sharps; |
|
|
(d) records showing that the program adheres to established industry vendor
qualification standards, or information demonstrating that the medical
sharps collected are managed in a manner that employs environmental and
human health and safety standards meeting or exceeding applicable federal,
provincial and local regulations. |
Internalization of fees |
106. No retailer shall charge a consumer any separate fee with
respect to the costs associated with implementing or operating a medical
sharp stewardship plan. |
Display of education and
awareness program information |
107. A retailer shall prominently display, at the point of display or
the point of sale of a medical sharp, the education and awareness program
information referred to in clause 102(3)(e) that is supplied to it by the
brand owner or the brand owner's agent. |
Review of medical sharp
stewardship progarm |
108. A brand owner or an agent who operates a medical sharp
stewardship program shall review the medical sharp stewardship program and |
|
|
(a) submit to the Minister all proposed amendments to the medical sharp
stewardship program; or |
|
|
(b) advise the Minister in writing that in its opinion no amendments to the
medical sharp stewardship program are necessary, |
|
not later than the date that is 5 years after the date the medical sharp
stewardship program was first approved under subsection 102(5) and every 5
years thereafter. |
Reporting quantity of
medical sharps collected |
109. A brand owner or an agent who operates a medical sharp
stewardship program shall, on or before June 30 of each year, or on or
before the date set by the Minister, inform the Minister in writing of the
total quantity of discarded medical sharps collected during the previous
calendar year. |
Operation of medical
sharp stewardship program |
110. (1) No brand owner who operates a medical sharp stewardship
program shall fail to operate the medical sharp stewardship program in
accordance with the program as approved under subsection 102(5). |
Idem |
(2) No agent who has been designated to operate a medical sharp stewardship
program on a brand owner's behalf shall fail to operate the medical sharp
stewardship program in accordance with the program as approved under
subsection 102(5). |
|
PART IV |
|
GENERAL AND TRANSITIONAL |
|
Offence |
Offence |
111. Any person who contravenes any
provision of these regulations or the environmental standards set out in
the Schedule to these regulations, or fails to comply with a condition of
a permit or an endorsement or fulfil an obligation imposed on the person by
these regulations, the environmental standards set out in the Schedule to
these regulations or an order of the Minister, is guilty of an offence and
liable on summary conviction to the penalties specified in section 32 of the
Act. |
|
Service |
Manner of service |
112. (1) Any notice required to be served on a person under these
regulations is deemed to be sufficiently served |
|
|
(a) upon a copy of the notice being personally served on the person to whom
it is directed; |
|
|
(b) upon a copy of the notice being sent by facsimile or by other electronic
means to the person to whom it is directed and an acknowledgement of receipt
being received; or |
|
|
(c) five days after a copy of the notice is sent by mail addressed to the
person to whom it is directed at the last known address for that person. |
Service on corporation |
(2) Where the person to be served with a notice is a corporation, service of
the notice on a director, officer or recognized agent of the corporation in
accordance with subsection (1) is deemed to be service of the notice on the
corporation for the purposes of this Act. |
Substituted service |
(3) Where it is impractical for any reason to serve a notice in a manner
referred to in subsection (1), an ex parte application may be made to a
judge of the Supreme Court who may make an order for substituted service
providing for such steps to be taken to bring the matter to the attention of
the person to be served. |
|
Transitional |
Specified permits
continued |
113. (1) A person who, on the coming into force of these regulations,
held |
|
|
(a) a valid permit for an automobile junk yard under the Automobile Junk
Yards Act R.S.P.E.I. 1988, Cap. A-25; or |
|
|
(b) a valid permit for a recycling facility to collect scrap metal under the
Materials Recycling Regulations (EC690/09), |
|
is deemed to hold a permit under section 4 of these regulations with an
automotive salvage and scrap metal endorsement under section 17 of these
regulations. |
Other permits |
(2) A person who, on the coming into force of these regulations, held a
valid permit, other than a permit referred to in clause (1)(b), or a valid
permit and endorsement for a designated material under the Materials
Recycling Regulations (EC690/09), is deemed to hold a permit, or a permit
and endorsement for a designated material, as the case may be, under these
regulations. |
Terms and conditions
continue |
(3) Where a person is deemed under subsection (2) to hold a permit or a
permit and endorsement for a designated material under these regulations,
the permit or permit and endorsement of the person is subject to any terms
and conditions to which the permit or permit and endorsement held by the
person was subject under the regulations under which it was issued. |
Idem |
(4) Where a person is deemed under subsection (1) to hold a permit and an
endorsement under these regulations, the permit and endorsement of the
person are subject to any terms and conditions to which the permit of the
person was subject under the enactment under which it was issued. |
Expiry |
(5) Where a person is deemed, under this section, to hold a permit or a
permit and an endorsement under these regulations, the permit or permit and
endorsement of the person expire, unless sooner revoked under the Act or
these regulations, on the earlier of |
|
|
(a) March 1 next following the day these regulations come into force; and |
|
|
(b) the expiry date to which the permit held by the person was subject under
the enactment under which it was issued. |
Schedule adopted |
114. The Schedule to these regulations is hereby adopted and forms
part of these regulations. |
|
Revocation and Commencement |
Revocation |
115. The Materials Recycling Regulations (EC690/09) are revoked. |
Idem |
116. (1) Subject to subsection (2), these regulations come into force
on June 21, 2014. |
|
(2) The following provisions come into force on the dates specified: |
|
|
(a) subsection 47(2) and section 48, on October 1, 2014; |
|
|
(b) clause 60(2)(c) and section 61, on October 1, 2014; |
|
|
(c) clause 73(2)(c) and section 74, on October 1, 2014; |
|
|
(d) subsection 86(2) and section 87, on January 1, 2015; |
|
|
(e) subsection 99(2) and section 100, on January 1, 2015. |
|
Schedule |
|
Environmental Standards for the Operation of an
Automotive Salvage and Scrap Metal Collection Facility |
|
Division 1 |
|
Collection of Hazardous Materials |
Definitions |
1. In this Schedule, |
automotive fluids |
|
(a) "automotive fluids" means liquid materials associated with the normal
operation of automobiles, transport vehicles and heavy equipment and
includes motive fuel, motor oil, antifreeze, brake fluid, transmission fluid
and power steering fluid; |
motive fuel |
|
(b) "motive fuel" means a petroleum product used to power a motor vehicle
and includes gasoline and diesel fuel; |
ozone-depleting subs |
|
(c) "ozone-depleting substance" means an ozone-depleting substance or
compound found in refrigerants used in the cooling system of automobiles,
freezers, refrigerators and air conditioning units; |
white goods |
|
(d) "white goods" means appliances such as freezers, refrigerators, stoves,
dryers, washing machines, dish washers and air conditioning units. |
Handling and storage of
automotive fluids |
2. (1) Every person who owns or operates an automotive salvage and
scrap metal collection facility shall ensure that |
|
(a) all automotive fluids from vehicles are collected, segregated, and
stored in containers that are compatible with the automotive fluid being
handled; |
|
|
(b) the containers described in clause (a) are labelled to indicate their
contents; |
|
|
(c) the containers described in clause (a) are protected from damage by
vehicular traffic or other means; |
|
|
(d) leakage or spillage from the containers described in clause (a) does not
result in contamination of the environment; and |
|
|
(e) all automotive fluids are disposed of at least once per year at a
facility approved for that purpose by the Department. |
Collection of
ozone-depleting substances |
(2) Every person who owns or operates an automotive salvage and scrap metal
collection facility shall ensure that all ozone-depleting substances present
in the automotive salvage or white goods accepted at the facility are
collected in accordance with the requirements of sections 4 and 5 and
subsection 8(5). |
Exception |
3. The owner or operator of an automotive salvage and scrap metal
collection facility may leave automotive fluids, other than motive fuels, in
a vehicle or component of a vehicle, if the vehicle or component is capable
of being restored to operational condition or reused, as the case may be. |
Recovery of ozone
depleting substances |
4. The owner or operator of an automotive salvage and scrap metal
collection facility who collects white goods shall ensure that ozone-depleting
substances are recovered in accordance with the Ozone Layer Protection
Regulations (EC619/94). |
Training requirements |
5. (1) Any person at an automotive salvage and scrap metal collection
facility who services, dismantles equipment or recovers refrigerant from
automotive salvage or white goods that contain ozone-depleting substances
shall meet the training requirements of the Ozone Layer Protection
Regulations (EC619/94). |
Records to be maintained |
(2) The owner or operator of an automotive salvage and scrap metal
collection facility shall maintain records indicating quantities of ozone-depleting
substances removed and the final disposition of these substances. |
|
Vehicle Dismantling, Processing, Compacting
and Crushing |
Removal of automotive
fluids |
6. If removal of parts from vehicles is being conducted and these
parts contain or are likely to contain automotive fluids, the owner or
operator of an automotive salvage and scrap metal collection facility shall
ensure that removals are done on an impervious pad or within a structure
capable of holding the drained fluids. |
Removal of lead-acid
batteries |
7. If vehicles are being stored or being stripped for parts, the
owner or operator of an automotive salvage and scrap metal collection
facility shall ensure that the lead-acid batteries are removed and placed in
secure storage. |
Crushing and disposal |
8. (1) The owner or operator of an automotive salvage and scrap metal
collection facility shall ensure that vehicle carcasses, scrap metal and
white goods are crushed and sent for disposal on a regular basis |
|
|
(a) at least once every two years; or |
|
|
(b) as determined by an inspector. |
Records to be maintained |
(2) The owner or operator of an automotive salvage and scrap metal
collection facility shall maintain records indicating quantities of vehicle
carcasses and white goods crushed and the final disposal destination of
these materials. |
Prior notification
required |
(3) The owner or operator of an automotive salvage and scrap metal
collection facility shall notify the Department prior to beginning crushing
operations. |
Designated area for
crushing |
(4) The owner or operator of an automotive salvage and scrap metal
collection facility shall ensure that all crushing operations take place |
|
|
(a) at a designated area within the boundaries of an approved automotive
salvage and scrap metal collection facility; or |
|
|
(b) at a specific site approved in writing by the Department. |
Removal of
ozone-depleting substances |
(5) Prior to the compacting or crushing of any automotive salvage or white
goods containing ozone depleting substances, the owner or operator of an
automotive salvage and scrap metal collection facility shall ensure that all
ozone-depleting substances are removed and recovered in accordance with the
requirements of the Ozone Layer Protection Regulations (EC619/94). |
Removal of automotive
fluids |
(6) Prior to the compacting or crushing of any automotive salvage containing
automotive fluids, the owner or operator of an automotive salvage and scrap
collection facility shall ensure that all automotive fluids are collected,
segregated and stored in accordance with section 2. |
|
Lead-acid Batteries |
Handling |
9. (1) The owner or operator of an automotive salvage and scrap metal
collection facility shall ensure that lead-acid batteries are handled in a
manner to prevent breakage or discharge to the environment. |
Prohibition |
(2) No person shall store lead-acid batteries in an automotive salvage and
scrap metal collection facility unless the batteries are stored in a
watertight container or in a building which is weather-tight. |
Secure containers |
(3) The owner or operator of an automotive salvage and scrap metal
collection facility shall ensure that broken or leaking lead-acid batteries
are placed in secure containers that prevent the discharge or leakage of
acid to the environment and are compatible with the materials being stored. |
Removal of lead-acid
batteries |
(4) Prior to the compacting or crushing of any automotive salvage containing
lead-acid batteries, the owner or operator of an automotive salvage and
scrap metal collection facility shall ensure that all lead-acid batteries
are removed from the automotive salvage and handled in a manner to prevent
breakage or discharge to the environment. |
|
Mercury-containing Switches |
Removal of
mercury-containing switches |
10. Prior to the compacting or crushing of any automotive salvage
containing mercury-containing switches, the owner or operator of an
automotive salvage and scrap metal collection facility shall ensure that all
mercury-containing switches are removed, recovered and collected in a manner
to prevent breakage or discharge to the environment, and are placed in
secure containers to prevent the discharge or leakage of mercury to the
environment. |
|
_______ |
_______