BILL 9 An Act to Amend the Beverage Containers Act

BILL 9

An Act to Amend the Beverage Containers Act

 

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

1 Section 1 of the Beverage Containers Act, chapter B-2.2 of the Acts of New Brunswick, 1991, is amended

(a) in the definition "beverage" by striking out "apple cider which has not been heated, pasteurized or otherwise processed, milk, milk products, soya milk, concentrates or";

 

 

(b) in the French version in the definition "inspecteur" by striking out "paragraph" and substituting "paragraphe";

 

(c) by adding after the definition "inspector" the following:

"licence" means a valid and subsisting licence issued to the operator of a redemption centre under section 13 and includes any licence deemed under any other Act to be a licence under this Act;

 

(d) by repealing the definition "redemption centre" and substituting the following:

 

"redemption centre" means a business enterprise involving the acceptance of empty beverage containers from the public in exchange for a refund, or the storage, holding or return of empty beverage containers for or to a distributor or, where applicable, the distributorís agent, but does not include the retention of empty beverage containers by a retailer solely for the purpose of storage;

 

 

 

2 Paragraph 2(4)b) of the French version of the Act is amended by striking out "réglements" and substituting "règlements".

3 Subsection 4(4) of the Act is amended

(a) in paragraph (a) by striking out "and retailers";

(b) in paragraph (b) by striking out "the retailers and".

4 Section 5 of the Act is amended

(a) in subsection (1) by striking out "in accordance with the regulations";

(b) in subsection (5) by striking out "(7)" and substituting "(6)".

5 Section 9 of the Act is amended by adding "rigid metal" before "pull tab".

 

6 Section 13 of the Act is repealed and the following is substituted:

13(1) No person shall operate any redemption centre unless the person is operating it under the authority of a licence issued in accordance with this Act and the regulations.

13(2) The Minister may, in the Ministerís discretion and in accordance with any regulations that may have been made, issue, amend, transfer, renew or reinstate a licence, establish expiry dates for licences and, at any time, impose any reasonable terms and conditions that the Minister considers appropriate on a licence.

13(3) The Minister may, in the Ministerís discretion and in accordance with any regulations that may have been made, at any time amend, transfer, substitute, supplement or repeal the terms and conditions imposed on a licence.

13(4) The Minister may, in the Ministerís discretion and in accordance with any regulations that may have been made, establish such reasonable grounds as the Minister considers appropriate for exercising or for refusing to exercise the Ministerís authority under subsection (2) or (3).

13(5) Without limiting the generality of subsections (2), (3) and (4), the Minister, when deciding whether or not to authorize the operation of a redemption centre in a specific location under a licence, may take into consideration the public interest in authorizing the operation of that centre in that location, having regard to the need for a redemption centre in the area and the impact of authorizing the operation of that centre on the redemption centre system as a whole.

13(6) The Minister shall not suspend or cancel a licence without giving the holder of the licence an opportunity to be heard in the matter.

13(7) An operator of a redemption centre shall provide the Minister with records and reports as required by the Minister in the form required by the Minister.

7 Section 14 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

14(1) Subject to subsection (7), a person may return an empty beverage container to a redemption centre.

(b) by repealing subsection (3) and substituting the following:

14(3) Retailers shall prominently display a notice provided by the Minister advising the public of where the beverage containers may be returned.

 

(c) by repealing subsection (4);

(d) by repealing subsection (6) and substituting the following:

14(6) An operator of a redemption centre who accepts an empty beverage container shall immediately pay in cash to a person who delivers the beverage container to the redemption centre the amount of the refund prescribed by regulation.

(e) by repealing subsection 8.

8 Section 15 of the Act is repealed and the following is substituted:

15(1) Subject to subsection (2), a distributor or, where applicable, an agent of the distributor shall, within a period of time prescribed by regulation and following a request by the holder or an agent of the holder of a licence, collect the empty beverage containers that contained a beverage distributed by that distributor from a location authorized under the licence for the collection.

15(2) A distributor or, where applicable, an agent of the distributor is not required to collect empty beverage containers under subsection (1) unless the holder or the agent of the holder of the licence has possession of empty beverage containers in amounts that are prescribed by regulation.

15(3) Within a period of time prescribed by regulation, the distributor or, where applicable, an agent of the distributor shall pay in cash to the holder of the licence for each empty beverage container accepted by the distributor, the refund prescribed by regulation and a handling fee in the amount prescribed by regulation.

15(4) Nothing in subsection (3) prohibits a distributor or, where applicable, an agent of the distributor from paying the holder of a licence more than the amount required to be paid under subsection (3).

15(5) Notwithstanding anything else in this Act, a distributor or, where applicable, an agent of the distributor is not required to accept or collect

 

(a) a beverage container that is broken,

(b) a refillable beverage container that is not capable of being cleaned by normal washing, or

(c) a beverage container that does not have markings that identify the distributor of the beverage container or the person who filled the beverage container.

9 Section 22 of the Act is amended

(a) by repealing paragraph (g) and substituting the following:

(g) respecting the size, shape and location of the markings and notices for the purposes of paragraph 4(4)(g), section 11 and subsections 14(7) and 15(5);

(b) by repealing paragraph (j) and substituting the following:

(j) respecting the operation of redemption centres and the application for and the issuance, amendment, transfer, holding, renewal, suspension, cancellation, reinstatement and expiry dates of licences;

 

(c) by adding after paragraph (j) the following:

(j.1) respecting the imposition, amendment, supplementing and repeal of the terms and conditions imposed or to be imposed on a licence by the Minister;

(j.2) respecting the grounds upon which the Minister may suspend, cancel or refuse to issue, amend, transfer, renew or reinstate a licence or refuse to amend, supplement or repeal terms and conditions imposed on a licence;

 

(j.3) respecting the registration and operation of distributors and the holding, renewal, suspension, cancellation and reinstatement of the registration of distributors;

 

 

(d) by repealing paragraph (l);

(e) by repealing paragraph (m) and substituting the following:

(m) prescribing the time within which a distributor shall collect empty beverage containers from an operator of a redemption centre;

 

(f) in paragraph (n) by striking out "subsections 15(2) and (5)" and substituting "subsection 15(2)";

(g) in paragraph o) of the French version by striking out "période de temps" and substituting "délais";

(h) in paragraph (r) by striking out "of a distributor or redemption centre" and substituting "of a distributor or of a licence";

(i) in paragraph (v) by adding "and including giving the Minister discretionary power to establish the portion of environmental fees or unclaimed deposits, or both, that may be retained by a distributor" after "redemption";

 

 

(j) by adding after paragraph (v) the following:

(v.1) respecting forms for the purposes of this Act and the regulations;

(v.2) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

 

10 Schedule A of the Act is amended

(a) by striking out

10(a) D

10(b) D

and substituting

10(a) F

10(b) F

(b) by striking out

13(1) C

13(6) C

and substituting

13(1) F

13(7) C

(c) by striking out

14(4)(a) B

14(4)(b) B

(d) by striking out

15(4) D

15(6) D

(e) by striking out

16(3) D

17(1) D

and substituting

16(3) F

17(1) F

(f) in the French version by striking out

18(27zb) D

and substituting

18(2)b) D

11 A registration made under section 13 of the Beverage Containers Act and valid and subsisting on the commencement of this amending Act shall be deemed to be a valid and subsisting licence issued under the Beverage Containers Act and the regulations under it, a redemption centre to which such a registration applies shall be deemed to be operating under such a licence, the operator of such a redemption centre shall be deemed to be the holder of the licence, any requirements imposed under the Act or the regulations under it in relation to such a registration shall be deemed to be terms and conditions imposed on the licence, the licence shall be deemed to expire as provided for in the regulations under the Beverage Containers Act and any other matters provided for in those regulations in respect of such registrations and licences shall apply.

12 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a) The existing definition is as follows:

"beverage" means a liquid intended for human consumption by drinking but does not include apple cider which has not been heated, pasteurized or otherwise processed, milk, milk products, soya milk, concentrates or any liquid excluded by regulation;

(b) A typographical error is corrected in the French version.

(c) A definition is added.

(d) The existing definition is as follows:

"redemption centre" means a location where empty beverage containers are returned, sorted and held for a distributor or where applicable, the distributorís agent but does not include an area set aside by a retailer for the purpose of storing empty beverage containers;

 

Section 2

A typographical error is corrected in the French version.

 

Section 3

Reference to retailers is removed from provisions. The existing provisions are as follows:

4(4) A plan submitted by a distributor under subsection (3) shall include:

(a) a list of redemption centres and retailers that will accept empty beverage containers;

 

(b) a description of the means of retrieval of empty beverage containers from the retailers and the redemption centres; Ö

Section 4

(a) A reference to regulations is removed. The existing provision is as follows:

5(1) The Minister may issue in accordance with the regulations an approval of a type of beverage container where the plan submitted under subsection 4(3) is acceptable to the Minister.

(b) A cross-reference is corrected. The existing provision is as follows:

5(5) Subject to subsection (7), where the distributor or where applicable, the agent of the distributor has failed to comply with a plan approved under this section or a term or condition imposed under subsection (4), the Minister may withdraw in accordance with the regulations the approval issued under subsection (1).

Section 5

The existing provision is as follows:

9 No distributor shall sell a beverage in a metal beverage container with a detachable pull tab.

Section 6

A provision relating to the registration of redemption centres is repealed and replaced with a provision requiring licensing. The existing provision is as follows:

 

13(1) No person shall operate a redemption centre unless the redemption centre is registered under this Act.

 

13(2) A person may apply in writing to the Minister for the registration of a location as a redemption centre.

 

13(3) The Minister may register the location as a redemption centre.

13(4) The Minister may cancel or suspend the registration of a redemption centre issued under this section where its operator contravenes or fails to comply with any of the provisions of this Act or the regulations.

 

13(5) The Minister shall not cancel or suspend the registration of a redemption centre without giving the operator an opportunity to be heard in the matter.

 

13(6) An operator of a redemption centre shall provide the Minister with records and reports as required by the Minister on a form provided by the Minister.

Section 7

(a) Reference to retailers is removed from a provision and a cross-reference is amended.

(b) The existing provision is as follows:

14(3) A retailer who does not accept empty beverage containers shall display prominently a notice provided by the Minister advising the public where the beverage containers may be returned.

(c) A provision relating to notices given by retailers is repealed.

(d) Reference to retailers is removed from a provision and a cross-reference is amended.

(e) A provision relating to handling of beverage containers by retailers is repealed.

Section 8

A provision is amended to add references to holders of licences and their agents, to remove references to collection of beverage containers by retailers, to create consistency in referring to agents of distributors and to correct typographical errors in the French version, and a provision is added identifying empty beverage containers that a distributor or an agent of a distributor is not required to collect.

 

Section 9

(a) Cross-references in a provision are amended.

(b) Regulation-making authority respecting redemption centres and distributors is amended. The existing provision is as follows:

22 The Lieutenant-Governor in Council may make regulations Ö

(j) respecting the registration and operation and the cancellation and suspension of the registration of redemption centres and distributors;

(c) Regulation-making authority is added and regulation-making authority removed in paragraph 9(b) of this amending Act is reinstituted and supplemented.

(d) Regulation-making authority respecting acceptance of empty beverage containers by retailers is repealed.

 

(e) A reference to the collection of empty beverage containers by retailers is removed and typographical errors are corrected in the French version.

(f) A cross-reference is amended.

(g) A typographical error is corrected in the French version.

(h) A reference in regulation-making authority to registration of a redemption centre is replaced by a reference to licensing.

(i) Regulation-making authority is added in relation to the retention of environmental fees or unclaimed deposits by a distributor.

(j) Regulation-making authority is added respecting forms and definitions.

Section 10

(a) and (b) Categories of offences under the Provincial Offences Procedure Act are amended.

 

(c) Categories of offences under the Provincial Offences Procedure Act are removed as consequential amendments to the amendments made in paragraph 7(c) of this amending Act.

 

(d) Categories of offences under the Provincial Offences Procedure Act are removed as consequential amendments to the amendments made in section 8 of this amending Act.

 

 

(e) Categories of offences under the Provincial Offences Procedure Act are amended.

 

(f) A typographical error is corrected in the French version.

Section 11

A deeming provision is added in relation to redemption centres registered under the Beverage Containers Act.

 

Section 12

Commencement provision.