Beverage Container Program

Beverage Container Program Overview

The Government of New Brunswick established an Extended Producer Responsibility program for beverage containers in 2023. Designated Materials Regulation 2008-54 under the Clean Environment Act sets out the requirements for the program.

As the agency responsible for designated materials in New Brunswick, Recycle NB oversees the beverage container program.

As per the Regulation, brand owners are obligated to submit a stewardship plan for the manufacture, storage, collection, transportation, recycling, disposal or other handling of beverage containers that are sold, offered for sale or distributed in New Brunswick. Brand owners chose Encorp Atlantic as the Producer Responsibility Organization (PRO) to operate the program on their behalf. A stewardship plan has been approved by Recycle NB.

Registration

According to Designated Materials Regulation 2008-54 under the Clean Environment Act, no brand owner shall sell, offer for sale or distribute beverage containers to a person within the Province unless the brand owner is registered with Recycle NB.

An application for the issuance of a registration shall be on a form provided by Recycle NB and shall provide the following information:

(a) the name of the applicant;
(b) whether the applicant is applying for registration as a supplier or brand owner;
(c) the location of the head office of the applicant, and its main place of business within the Province;
(d) if a corporation, the name of the officers of the corporation, their titles, addresses of their places of residence and telephone numbers;
(e) the name, address and telephone number of the person to whom any correspondence or inquiries should be directed; and
(f) if an applicant is a brand owner, the name, address and telephone number of any agent (Producer Responsibility Organization) acting on behalf of the applicant for the purposes of this Regulation.

To register, please click here.

Register

Brand Owners

According to Designated Materials Regulation 2008-54 under the Clean Environment Act, all brand owners who wish to sell, offer for sale or distribute beverage containers to a person in the Province must register with Recycle NB.

Regulation 2008-54 defines a brand owner as a person who:

(i) is a manufacturer of beverage containers,
(ii) is a distributor of beverage containers,
(iii) is an owner or licensee of a registered or unregistered trademark under which beverage containers are sold, offered for sale or distributed, or
(iv) if beverage containers are imported into the Province, is the first person to sell the beverage containers.

Products

Under Designated Materials Regulation 2008-54 of the Clean Environment Act, obligated beverage containers are defined as follows:

“Beverage” means a ready-to-serve liquid that is intended for human consumption but does not include milk, plant-based milk product alternatives that are fortified and a source of protein, unprocessed apple cider, concentrated drinks, infant formula, meal replacements or formulated liquid diets.

“Beverage container” means a sealed container, including all its component parts, that contains a beverage in a maximum quantity of five litres, and includes a box or similar container used to contain, protect, handle, deliver or present refillable glass beer bottles.

For more information or a complete list of accepted containers, please contact Encorp Atlantic.

Fees

According to Section 50.98 of the Designated Materials Regulation:

50.98(1) Subject to subsection (2), on or after April 1, 2024, a brand owner or a retailer, on behalf of a brand owner, may recover from the consumer costs associated with implementing or operating a beverage containers stewardship plan or costs associated with supplying material under section 50.971.

50.98(2)A brand owner or a retailer who recovers costs under subsection (1) shall integrate those costs:

(a) into a total advertised sales price of a beverage container, and
(b) into the sales price of the beverage container on the receipt of sale.

50.98(3)A brand owner or a retailer is not prohibited from informing the public that the price of a beverage container includes costs recovered under subsection (1) and communicating those costs to the public.

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

Legislation

On July 14, 2024, the Government of New Brunswick introduced Designated Materials Regulation 2024-37 under the Clean Environment Act, repealing the previous Regulation.

Changes in the modernized Designated Materials Regulation 2024-37 include, but are not limited to, expanding the list of designated materials in New Brunswick and establishing responsibilities for obligated producers as defined through a producer hierarchy provided in the Regulation. For more information, please review the Regulations below or contact Recycle NB at info@recyclenb.com or 1-506-454-8473.

Clean Environment Act
Designated Materials Regulation 2024-37

Stewardship Plan

A stewardship plan shall apply to the manufacture, storage, collection, transportation, recycling, disposal or other handling of beverage containers that are sold, offered for sale or distributed within the province.