The Government of New Brunswick established an Extended Producer Responsibility program for packaging and paper products in 2021. 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 packaging and paper products 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 packaging and paper products that are sold, offered for sale or distributed in New Brunswick. Brand owners chose Circular Materials as the Producer Responsibility Organization (PRO) to operate the program on their behalf. A stewardship plan has been approved by Recycle NB.
On July 14, 2024, the Government of New Brunswick introduced Designated Materials Regulation 2024-37 under the Clean Environment Act, repealing the previous Regulation. New definitions for obligated producers are in effect. Please note that brand owners shall remain bound by Regulation 2008-54 until December 31, 2025, as though that Regulation had not been repealed. For more information, please review Designated Materials Regulation 2024-37 or contact Recycle NB at info@recyclenb.com or 1-506-454-8473.
According to Designated Materials Regulation 2008-54 under the Clean Environment Act, no brand owner shall sell, offer for sale or distribute packaging or paper 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.
On July 14, 2024, the Government of New Brunswick introduced Designated Materials Regulation 2024-37 under the Clean Environment Act, repealing the previous Regulation. New definitions and registration requirements for obligated producers are in effect. Please note that brand owners shall remain bound by Regulation 2008-54 until December 31, 2025, as though that Regulation had not been repealed. For more information about producer registrations, please review Designated Materials Regulation 2024-37 or contact Recycle NB at info@recyclenb.com or 1-506-454-8473.
According to Designated Materials Regulation 2008-54 under the Clean Environment Act, all brand owners who wish to sell, offer for sale or distribute packaging or paper 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 packaging or paper,
(ii) is a distributor of packaging or paper,
(iii) is an owner or licensee of a registered or unregistered trademark under which packaging or paper is sold, offered for sale or distributed, or
(iv) if packaging or paper is imported into the Province, is the first person to sell the packaging or paper.
The requirements of this Regulation do not apply in the following circumstances:
(a) the brand owner generates less than two million dollars in gross annual revenue in the Province;
(b) the brand owner manufactures, distributes, sells or offers for sale less than one tonne of packaging and paper annually in the Province; or
(c) the brand owner is a charitable organization registered under the Income Tax Act (Canada).
In the case of a franchise agreement, the requirements of this Regulation do not apply to a person who is a franchisee.
On July 14, 2024, the Government of New Brunswick introduced Designated Materials Regulation 2024-37 under the Clean Environment Act, repealing the previous Regulation. New definitions for obligated producers are in effect. Please note that brand owners shall remain bound by Regulation 2008-54 until December 31, 2025, as though that Regulation had not been repealed. For more information, please review Designated Materials Regulation 2024-37 or contact Recycle NB at info@recyclenb.com or 1-506-454-8473.
On July 14, 2024, the Government of New Brunswick introduced Designated Materials Regulation 2024-37 under the Clean Environment Act, repealing the previous Regulation. Please note that brand owners shall remain bound by Regulation 2008-54 until December 31, 2025, as though that Regulation had not been repealed.
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 2008-54
Designated Materials Regulation 2024-37
Please review our Guidance Document for clarification on amendments to the Designated Materials Regulation to include Packaging and Paper Products.