Prince Edward Island

The following text was found at http://www.canlii.org/pe/laws/regu/1991r.697/20071114/whole.html

P.E.I. Reg. EC697/91

Litter Control Regulations

Pursuant to section 25 of the Environmental Protection Act R.S.P.E.I.
1988, Cap. E-9 Council made the following regulations:

                              PART I
                            DEFINITIONS
1. In these regulations                                                      Definitions

    (a) "authorized outlet" means a retail outlet operated by the Prince     authorized outlet
    Edward Island Liquor Control Commission;
    (b) "beer" means any alcoholic liquor obtained by the fermentation       beer
    of an infusion or decoction of barley, malt, and hops or of any
    similar products, in drinkable water;
    (c) "beverage" means                                                     beverage
       (i) beer,
       (ii) ale,
       (iii) porter,
       (iv) lager,
       (v) any low-alcoholic content version of beer, including drinks
       made from malt and hops or of any similar product in drinkable
       water, which contain less than one half of one per cent of alcohol
       by volume,
       (vi) soft drink, and
       (vii) any drink which is designated by the Minister, by notice
       published in the Gazette, as a beverage for the purposes of these
       regulations;
    (d) "container" means a bottle, or any other vessel or receptacle that   container
    contains or is capable of containing a beverage, but does not include
    a paper or plastic cup;
    (e) "depot operator" means a person who operates a depot for the         depot operator
    collection and disposal of containers;
    (f) "eating establishment" has the same meaning as in the Eating         eating
    Establishments and Licensed Premises Regulations of the Public           establishment

    Health Act R.S.P.E.I. 1988, Cap. P-30;




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                                                  Litter Control Regulations


label                       (g) "label" includes any sticker attached to a container or words or
                            markings on the container itself or on its cap, present at the time of
                            sale, offer for sale, or display;
liquor                      (h) "liquor" means
                               (i) any alcoholic, spiritous, fermented, or other intoxicating liquor
                               or combination of liquors,
                               (ii) mixed liquor, a part of which is spiritous, fermented, or
                               otherwise intoxicating,
                               (iii) all drinks and drinkable liquids, and every essence, extract,
                               tincture, compound, or preparation, and all preparations or
                               mixtures capable of human consumption that are intoxicating,
                            but does not include beer, ale, porter, lager, or wine. Any liquor
                            referred to in subclauses (i), (ii) or (iii) that contains more than one-
                            half of one per cent of alcohol by volume shall be conclusively
                            deemed to be intoxicating, and the following drinkable liquids shall
                            be held to be liquor without proof that they contain alcohol, namely:
                               (iv) rum,
                               (v) gin,
                               (vi) whiskey, and
                               (vii) brandy.
manufacturer                (i) "manufacturer" means the bottler, distributor, or wholesaler, but
                            does not include the Prince Edward Island Liquor Control
                            Commission;
recyclable container        (j) "recyclable container" means a container which is not refillable
                            and from which useful materials can be recovered;
refillable container        (k) "refillable container" means
                               (i) a container which can be reused as a beverage container by the
                               manufacturer and which is accepted for refilling with a beverage
                               by the manufacturer, or
                               (ii) a container which is designed, according to a manufacturer's
                               specification, for refilling with a beverage,
                            but does not include containers where the container or a label
                            affixed bears the words, "non-refillable", "recyclable", "no deposit -
                            no return", or "return for deposit where applicable";
soft drink                  (l) "soft drink" means any flavored carbonated drink which does not
                            contain alcohol;
vendor                      (m) "vendor" means a person, other than the Prince Edward Island
                            Liquor Control Commission, who sells, offers for sale, or displays
                            beverages for consumption off the premises in which they are sold,
                            offered for sale, or displayed;




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                          Litter Control Regulations


    (n) "wine" means any alcoholic beverage obtained by the                    wine
    fermentation of the natural sugar contents of fruits, including grapes,
    apples, or other agricultural products containing sugar, including
    honey, milk. (EC697/91; 374/99)

                             PART II
                     REFILLABLE CONTAINERS
2. (1) Subject to subsection (2), no person shall sell, offer for sale or      Refillable
display any beverage in a container other than a refillable container.         containers only


  (2) Where the Minister determines that the use of refillable containers      Exemption
on the premises of any public institution or manufacturing or processing
operation may constitute a hazard, he may, by notice published in the
Gazette, exclude those premises from the application of subsection (1).
(EC697/91)
3. (1) A vendor or depot operator shall accept empty refillable containers     Refunds
presented by any person and shall pay a refund in cash immediately to
that person of not less than
     (a) fifteen cents for a refillable container of a capacity of 500 ml or
     less;
     (b) thirty cents for a refillable container of a capacity of more than
     500 ml but not more than 1000 ml;
     (c) seventy cents for a refillable container of a capacity of more than
     1000 ml.
  (2) Notwithstanding subsection (1), a depot operator shall accept            Beer and cooler
empty refillable beer and cooler containers presented by any person and        containers

shall pay to that person a refund of not less than
     (a) $1.20 for each dozen containers packed in beer cartons that have
     the flaps either removed or turned in;
     (b) seven cents for each container that is not packed in accordance
     with clause (a).
  (3) A vendor under subsection (1) may, at the option of the purchaser,       Refund used in
set off the amount of the refund against beverages or other goods              purchase of other
                                                                               goods
purchased.
  (4) This section is subject to the provisions of sections 4 and 5.           Application
(EC697/91; 615/96; 46/06)
4. (1) Where a vendor or depot operator has paid a refund, pursuant to         Claim against
subsection 3(1), for a container for a soft drink, the manufacturer of the     manufacturer

soft drink shall, upon request, accept the container and pay to the vendor
or depot operator in question not less than
     (a) twenty cents for a container of a capacity of 500 ml or less;


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                                            Litter Control Regulations


                       (b) forty cents for a container of a capacity of more than 500 ml but
                       not more than 1000 ml;
                       (c) eighty cents for a container of a capacity of more than 1000 ml.
Payment             (2) Where a depot operator has paid a refund, pursuant to subsection
                  3(2) for a container for beer or cooler, the manufacturer of the beverage
                  shall, upon request, accept the container and pay to the depot operator
                  not less than the amount stipulated in subsection 3(2). (EC697/91)
Terms of          5. A vendor or depot operator is not obliged under section 4
acceptance            (a) to accept any container or pay any refund on a Sunday or
                      holiday; or
                      (b) to accept more than twenty-four containers from any person
                      within any period of twenty-four hours; or
                      (c) to accept or pay a refund for a container
                         (i) that is broken, damaged or incapable of being cleaned for
                         refilling, or
                         (ii) that, in the case of a vendor, is not a container for a kind and
                         brand name of beverage sold by him within the preceding twelve
                         months, or, in the case of a depot operator, is not a container for
                         which he acts as collecting agent. (EC697/91)

                                              PART III
                                       RECYCLABLE CONTAINERS
Wine and liquor   6. (1) Wine and liquor shall be sold or offered for sale only in recyclable
containers        containers.
Deposits            (2) A recyclable container
                      (a) which has a capacity of 500 ml or less may be subject to a
                      deposit of ten cents and refund of five cents;
                      (b) which has a capacity of greater than 500 ml may be subject to a
                      deposit of twenty cents and a refund of ten cents.
Refunds             (3) If the authorized outlet imposes the deposits stipulated in
                  subsection (2), it shall pay the refunds stipulated therein.
Terms of            (4) Notwithstanding subsection (3), an authorized outlet is not obliged
acceptance            (a) to accept more than forty-eight containers from any person
                      within any period of twenty-four hours; or
                      (b) to accept containers which are dirty, broken, or contain matter or
                      objects which prevent the container from being recycled.
                      (EC697/91)




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                          Litter Control Regulations


                                 PART IV
                                GENERAL
7. Every owner and operator of an eating establishment that operates as a     Waste storage and
take-out establishment shall                                                  disposal

    (a) provide waste receptacles for the purpose of receiving discarded
    food and food container waste;
    (b) ensure that the contents of the receptacle are not disturbed by
    animals;
    (c) empty the receptacles at such frequency as is necessary to ensure
    they are not filled to overflowing;
    (d) remove and dispose of any litter from the premises daily to
    prevent litter from being transferred to neighboring property.
    (EC697/91)
8. (1) Where a beverage or liquor or wine is sold, offered for sale, or       Description on
displayed in a container, which container or label affixed thereto purports   labels

to describe the contents, capacity, refillability or recyclability of the
container, the said description on such container or label, as the case may
be, shall be evidence of the contents, capacity, refillability or
recyclability of the container.
  (2) The presumption established by subsection (1) may be rebutted by        Idem
a person establishing the contrary on a balance of probabilities.
(EC697/91)
Updated November 6, 2008