Legislative Assembly of New Brunswick
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An Act to Amend the Clean Environment Act

Legislature :
55
Session :
3
Bill No. :
15
Member :
Hon. Holder
First Reading :
2005-12-9
Second Reading :
2005-12-13
Committee of the Whole :
2006-6-20
Amended :
Third Reading :
2006-6-21
Royal Assent :
2006-6-22
Download PDF :
Bill 15

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 22.1 of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is repealed and the following is substituted:



22.1(1)          The Minister may, in accordance with the regulations, establish a stewardship board for the following purposes:



(a)               managing the manufacture, storage, collection, transportation, recycling, disposal or other handling of a designated material; and



(b)               ensuring that an industry's manufacture, storage, collection, transportation, recycling, disposal or other handling of a designated material is done in accordance with a stewardship plan approved by the board.



22.1(2)          The Minister may determine the name of a stewardship board.



22.1(3)          A stewardship board is a body corporate.



22.1(4)          A stewardship board shall have the functions, duties, powers, objects and purposes established in subsection (1) and in the regulations, and shall make arrangements and enter into agreements and contracts, raise revenues, charge fees and finance its undertakings, deal with property, engage and pay personnel, establish its rules of procedure for meetings and the conduct of its business and affairs, manage a designated material and otherwise be established and act in accordance with the regulations.



22.1(5)          The business and affairs of a stewardship board shall be controlled and managed by the members of the stewardship board appointed in accordance with the regulations.



22.1(6)          A stewardship board may, for the purposes set out in subsection (1) and for the objects and purposes established for it by regulation, delegate by written agreement or contract, any of its powers in relation to the management of a designated material, including the collection and remittance of fees, deposits and refunds.



2                           Section 32 of the Act is amended



(a)               by repealing paragraph (r.11);



(b)               by adding after paragraph (r.13) the following:



(r.131)    respecting advertising and the posting of information in relation to designated materials;



(c)               by adding after paragraph (r.20) the following:



(r.201)    respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:



(i)         the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;



(ii)       exemptions in relation to a fee; and



(iii)    penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;



(d)               in paragraph (r.23) by striking out "by or to the Minister" and substituting "by or to the Minister or a stewardship board";



(e)               by adding after paragraph (r.23) the following:



(r.24)       respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;



(r.25)       respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;



(r.26)       prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;



(r.27)       respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;



EXPLANATORY NOTES



Section 1



The existing provision is as follows:



22.1(1)          The Minister may, in accordance with the regulations, establish stewardship boards for the purposes of managing the manufacture, storage, collection, transportation, recycling, disposal or other handling of materials that are designated for the purposes of this section in the regulations and that, in the opinion of the Minister, may be effectively dealt with by such a board, and may determine the name of a stewardship board.



22.1(2)          A stewardship board is a body corporate.



22.1(3)          A stewardship board shall have the functions, duties, powers, objects and purposes established in subsection (1) and in the regulations and shall make arrangements and enter into agreements and contracts, raise revenues, charge fees and finance its undertakings, deal with property, engage and pay personnel, establish its rules of procedure for meetings and the conduct of its business and affairs, manage a designated material and otherwise be established and act in accordance with the regulations.



22.1(4)          The business and affairs of a stewardship board shall be controlled and managed by the members of the stewardship board appointed in accordance with the regulations.



22.1(5)          Regulations made under any of paragraphs 32(r.10) to (r.23) may, without limiting the generality of their application, delegate to a stewardship board, subject to any terms and conditions set out in the regulations, any or all of the regulation-making authority contained in the paragraph in relation to that board or the designated material that it manages, which authority may be exercised by the board by way of policies, practices or procedures of the board, or by the making of by-laws to which the Regulations Act does not apply, as is established in the regulations.



22.1(6)          A stewardship board may, for the purposes set out in subsection (1) and for the objects and purposes established for it by regulation, delegate by written agreement or contract, any of its powers in relation to the management of a designated material, including the collection and remittance of fees, deposits and refunds.



Section 2



(a)               Consequential amendment.



(b)               New regulation-making authority.



(c)                New regulation-making authority.



(d)               The existing provision is as follows:



(r.23)       respecting the keeping of registers, records, other documentation and other information, regardless of form or content and the inspection, copying and reporting of such documentation and other information, by or to the Minister and by other persons or classes of persons to whom this Act applies;



(e)                New regulation-making authorities.

 

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