Industry Paint FAQ

Can a brand owner or retailer pass on the costs connected with a
paint stewardship plan to consumers?

According to Section 47 of the Regulation

47 (1) No retailer, brand owner or wholesaler shall charge a consumer, or make visible on a consumer’s receipt of sale, a separate fee with respect to the costs associated with implementing or operating a paint stewardship plan, or with respect to supplying material under Section 46.

47(2) A brand owner is not prohibited from showing the fee referred to in subsection (1) to a retailer or wholesaler.

How do I register as a Brand Owner?

Please complete the brand owner registration form and click submit. If you must complete a paper copy to submit by mail or fax, please download the PDF form.

Is a brand owner allowed to appoint a third party to manage its
paint stewardship plan?

A paint brand owner may designate an agent to meet its obligations under the Regulation.

What happens if the Brand Owner does not have a stewardship plan?

The Board may refuse to register or suspend the registration of a brand owner who does not submit a stewardship plan. Failure to comply and maintain a valid registration may require further enforcement action as covered under the Designated Materials Regulation and the Clean Environment Act.

What is a Brand Owner?

In the Regulation, a “brand owner” is a person who
- manufactures paint in the Province and sells, offers for sale or distributes that paint in the Province,
- is the owner or licensee in the Province of a registered or unregistered trademark under which the paint is sold, offered for sale or distributed in the Province, or
- brings paint in to the Province for sale or distribution.

What materials are included in the Regulation?

The Regulation defines paint as

a tinted or untinted latex, oil or solvent-based architectural coating used for commercial or household purposes, including stain, and includes the coating’s container, or
a colored or clear paint or stain sold in an aerosol container and includes paint’s or stain’s container, but does not include coatings intended for marine antifouling, industrial or automotive applications.

If this regulation applies to your organization, please complete the Paint Brand Owner Registration Form and click submit.

Who has to have a paint stewardship Plan?

Brand owners must submit a stewardship plan for approval by the Recycle NB Board.

In the regulation, a “brand owner” means a person who

manufactures paint in the Province and sells, offers for sale or distributes that paint in the Province,
is the owner or licensee in the Province of a registered or unregistered trademark under which the paint is sold, offered for sale or distributed in the Province, or
brings paint in to the Province for sale or distribution.

Whom do I contact if I have questions about the paint recycling
program?

Please contact Recycle NB at info@recyclenb.com or call the office: 506-454-8473 or toll-free: 1888-322-8473

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