General Information

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GENERAL INFO | PRODUCERS | REGISTRATION | PRODUCER OBLIGATIONS | HANDLING FEES

General Information

The Government of New Brunswick created Designated Materials Regulation 2024-37 under the Clean Environment Act to modernize waste management practices, reduce environmental impact, and shift the financial and operational responsibility for waste management from municipalities to producers. The Regulation outlines requirements for a Tire Stewardship Program, as well as Extended Producer Responsibility (EPR) programs for the following designated materials:

Paint
Oil and Glycol
Electronics
Packaging and Paper Products
Pharmaceutical Products and Medical Sharps
Beverage Containers
Batteries
Lamps (Light Bulbs)

As the agency responsible for designated materials, Recycle NB manages the Tire Stewardship Program and oversees EPR programs in New Brunswick. EPR programs require that producers collect and manage designated materials at their end-of-life.

Under the Designated Materials Regulation, producers may choose a Producer Responsibility Organization (PRO) to manage designated materials on their behalf. Producers or PROs working on their behalf are required to submit stewardship plans to Recycle NB for approval. Once approved, the stewardship plan must be implemented to collect and manage designated materials throughout New Brunswick.

To find out more about Designated Materials Regulation requirements, product definitions and approved stewardship plans, please select a program listed above or from the For Industry drop-down menu.

Producers

Under section 14(2) of the Designated Materials Regulation 2024-37, all producers who sell, offer for sale or distribute designated materials to a person in the province must register with Recycle NB.

A producer of a designated material is defined under Section 4(2) of the Regulation as:

“(a) the brand holder of the designated material if the brand holder has a permanent establishment in Canada;

(b) in the absence of a person referred to in paragraph (a), the importer of the designated material into New Brunswick if the importer has a permanent establishment in New Brunswick; or

(c) in the absence of a person referred to in paragraph (a) or (b), the retailer of the designated material that supplies the designated material to the consumer.”

With respect to paragraph (c), Section 4(3) of the Regulation states that “when a retailer sells designated materials by means of a physical or electronic marketplace that is owned, controlled or operated by a marketplace facilitator, the marketplace facilitator shall be deemed to be the retailer.”

Section 4(4) of the Regulation also states that when a producer, as defined above, is “an enterprise operated in whole or in part under a franchise agreement, the producer shall be deemed to be the franchisor referred to in the agreement, if the franchisee has a permanent establishment in the Province.”

To determine whether you have regulatory obligations as a producer of a designated material in New Brunswick, please contact the Producer Responsibility Organization (PRO) to request an assessment. The PROs currently operating in New Brunswick are as follows:

Paint and Lamps (Light Bulbs) - Product Care Association of Canada

Oil and Glycol - Atlantic Used Oil Management Association

Electronics - Electronic Products Recycling Association

Packaging and Paper Products - Circular Materials

Pharmaceutical Products and Medical Sharps - Health Products Stewardship Association

Beverage Containers - Encorp Atlantic

Batteries - Call2Recycle Canada

Registration

According to Designated Materials Regulation 2024-37 under the Clean Environment Act, obligated producers are required to register with Recycle NB.

To register, please click here.

Register

Producer Obligations

This section provides a brief overview of obligations under Designated Materials Regulation 2024-37. For full details regarding producer obligations, please refer to the Regulation, or the Producer Responsibility Organization (PRO) managing the program in New Brunswick.

In accordance with the Regulation, obligated producers are required to register with Recycle NB.

Producers are also required to perform specific activities related to the management of designated materials, or to designate a PRO to perform these activities on their behalf. These activities include, but are not limited to:

• Submitting, implementing and complying with a stewardship plan approved or imposed by Recycle NB.

• Implementing performance measures and targets approved or imposed by Recycle NB.

• Submitting an annual report to Recycle NB by May 31 of each year, detailing the effectiveness of the stewardship plan in the previous year.

To designate a PRO to fulfill obligations on your behalf, please contact one of the following:

Paint and Lamps (Light Bulbs) - Product Care Association of Canada

Oil and Glycol - Atlantic Used Oil Management Association

Electronics - Electronic Products Recycling Association

Packaging and Paper Products - Circular Materials

Pharmaceutical Products and Medical Sharps - Health Products Stewardship Association

Beverage Containers - Encorp Atlantic

Batteries - Call2Recycle Canada

Environmental Handling Fees

Under section 50 of Designated Materials Regulation 2024-37, “a producer or a retailer on behalf of a producer may recover from the consumer the costs associated with implementing or operating a stewardship plan, including the administrative costs…”

“A producer or retailer who recovers costs shall integrate those costs

(a) in the total advertised sales price of a designated material or a product containing or including a designated material, and

(b) in the total sales price appearing on the receipt of sale of a designated material or a product containing or including a designated material (Section 50(2)).”

Section 50(3) does not prohibit a producer or retailer from informing the public that the total sales price of a designated material includes costs associated with implementing or operating a stewardship plan, including administrative costs, and communicating the amount of those costs to the public.

Please review the Fee Display and Advertising Examples to ensure you comply with the Designated Materials Regulation.