The Government of New Brunswick established an Extended Producer Responsibility program for lamps (light bulbs) in 2024. Designated Materials Regulation 2024-37 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 lamps program.
As per the Regulation, producers may designate a Producer Responsibility Organization to operate the program on their behalf. Producers chose Product Care Association of Canada to operate the lamps program in New Brunswick.
According to REGULATION 2024-37, all producers who wish to sell, offer for sale or distribute lamps (light bulbs) 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.”