Battery Program

OVERVIEW | REGISTRATION | PRODUCERS | LEGISLATION | PLAN

Battery Program Overview

The Government of New Brunswick has established the Designated Materials Regulation 2024-37 under the Clean Environment Act which introduces a new Extended Producer Responsibility program for batteries in New Brunswick. REGULATION 2024-37, effective July 15, 2024, sets out the requirements for the program.

Battery is defined as “a container that does not exceed 5 kg in which chemical energy is converted into electricity and used as a power source, and includes a single-use or rechargeable battery, but does not include a battery contained in a designated material."

As the agency responsible for designated materials, Recycle NB will oversee the battery program in New Brunswick. Under REGULATION 2024-37, no producer shall sell, offer for sale or distribute a battery to a person in the Province on or after October 31, 2024, unless the producer is registered with Recycle NB.

Producers may choose a Producer Responsibility Organization (PRO) to operate a recycling program for batteries on their behalf. The PRO will be required to submit a stewardship plan for the collection and management of batteries throughout New Brunswick by December 31, 2024.

More details about REGULATION 2024-37 can be found here.

Registration

REGULATION 2024-37 under the Clean Environment Act identifies batteries as designated materials in New Brunswick. As of October 31, 2024, no person shall sell, offer for sale or distribute a battery to another person in the Province unless the person holds or acts under the authority of a producer registration.

To register online, please click here.
To download a registration form, please click here.

Register

Producers

According to REGULATION 2024-37, all producers who wish to sell, offer for sale or distribute batteries to a person in the province must register with Recycle NB and submit a plan for the management of the designated material.

A producer of a designated material shall be one of the following persons:

“(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), REGULATION 2024-37 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.”

REGULATION 2024-37 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.”

Legislation

Clean Environment Act
Designated Materials Regulation 2024-37

Stewardship Plan

As per REGULATION 2024-37, a producer of batteries shall file a stewardship plan to Recycle NB no later than December 31, 2024. The producer then shall implement and comply with the stewardship plan within 180 days of the date of its approval.