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 lamps (lightbulbs) in New Brunswick. REGULATION 2024-37, effective July 15, 2024, sets out the requirements for the program.
Lamp is defined as “a replaceable light source designed to produce light from electricity, including but not limited to:
a) a fluorescent tube;
b) a compact fluorescent lamp;
c) a high-intensity discharge lamp;
d) an incandescent lamp;
e) a light-emitting diode lamp.”
As the agency responsible for designated materials, Recycle NB will oversee the lamp program in New Brunswick. Under REGULATION 2024-37, no producer shall sell, offer for sale or distribute a lamp 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 lamps on their behalf. The PRO will be required to submit a stewardship plan for the collection and management of lamps throughout New Brunswick by December 31, 2024.
More details about REGULATION 2024-37 can be found here
According to REGULATION 2024-37, all producers who wish to sell, offer for sale or distribute lamps (lightbulbs) 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.”