Manitoba

The following text was found at http://www.canlii.org/mb/laws/regu/1995r.39/20071114/whole.html

Man. Reg. 39/95, C.C.S.M. c. W40, Waste Reduction and Prevention Act

Multi-Material Stewardship (Interim Measures)

Registered March 13, 1995

TABLE OF CONTENTS

Section
INTERPRETATION
1 Interpretation
APPLICATION
2 Application
DESIGNATIONS
3 Designation of material
ESTABLISHMENT OF CORPORATION AND FUND
4 Corporation established
5 Application of C.C.S.M. c. C225
6 Quorum
7 Fiscal year
8 Objects of corporation
9 Remuneration and expenses of
Members
10 Staff and advisors
11 Loans and guarantees
12 Powers to make by-laws
All persons making use of this consolidation are reminded that it has no legislative sanction. Amendments have been inserted into the base regulation for convenience of reference only. The original regulation should be consulted for purposes of interpreting and applying the law. Only amending regulations which have come into force are consolidated. This regulation consolidates the following amendments:
13 Multi-Material WRAP Fund established
14 Three-year business plan
15 Implementation of business plan
16 Annual report
17 Availability of business plan and annual report
LICENSING OF STEWARDS OF BEVERAGE CONTAINERS
18 Licence required
19 Entitlement to licence
20 Issue of licence
21 Security
22 Refusal, suspension and cancellation of licence
23 Procedure for refusal, suspension or cancellation
24 Continuance when renewal pending
25 Cancellation in certain circumstances
NOTICE OF INTENTION TO SUPPLY CONTAINER TYPE
26 Notice of container type
WRAP LEVIES
27 WRAP levies
28 WRAP levy in trust
29 Filing of return and payment of levy
30 Assessments by corporation
31 Interest
32 Recovery of WRAP levy
CONFIDENTIALITY AND RECORDS
33 Information to be confidential
34 Records
GENERAL PROVISIONS
35 Register of business plans
36 Service of notice
37 Review and recommendation
TRANSITIONAL AND COMING INTO FORCE
38 Transitional provisions
39 Repeal
40 Coming into force
INTERPRETATION
Interpretation

1(1) In this regulation,

"Act" means The Waste Reduction and Prevention Act; ( Loi )

"advertising material" means any catalogue, flyer, brochure, program or other similar thing printed on paper the primary purpose of which is to promote the sale of goods or the sale or use of services; ( matériel publicitaire )

"beverage" means a ready-to-serve drink other than a dairy product or infant formula; ( boisson )

"by-law" means a by-law made by the corporation under subsection 12(1); ( règlement administratif )

"container" means final consumer packaging That

(a) contains or contained a beverage, and

(b) was sealed by the manufacturer after the beverage was placed in it; ( contenant )

"corporation" means the Manitoba Product Stewardship Corporation established in subsection 4(1); ( Société )

"designated material" means a material designated in section 3; ( matériau désigné )

"fiscal year" means the fiscal year established in section 7; ( exercice )

"Fund" means the Multi-Material WRAP Fund established in subsection 13(1); ( Fonds )

"goods" means products or materials that are ready to be supplied for consumption; ( marchandises )

"in-store packaging" means packaging that is intended to be

(a) used by a retailer for pre-packaging goods for supply by the retailer at retail, or

(b) supplied by a retailer to facilitate the Removal

(i) of retail goods from the place where they are supplied, or

(ii) of goods, whether or not they are retail goods, in relation to which a service has been performed from the place where the service was performed; ( emballage en magasin )

"magazine" means a magazine printed on paper; ( magazine )

"member" means a member of the corporation; ( membre )

"newspaper" means a newspaper printed on paper; ( journal )

"packaging" includes

(a) any box, bottle, can, wrapping, covering, tray, holder or other thing in which goods are wholly or partly contained, placed or packed, including any packing associated with the goods, and

(b) any material or thing attached or affixed to goods; ( emballage )

"person" includes a partnership; ( personne ) "pre-packaged goods" means goods that are in the packaging in which they would ordinarily be supplied for consumption; ( marchandises pré-emballées )

"return" means a return required under section 29; ( déclaration )

"steward of beverage containers" means the first person in Manitoba who in the course of business supplies beverages in containers to another person; ( gestionnaire de contenants de boisson )

"supply" means to transfer a property interest by

(a) sale, whether conditional or otherwise,

(b) exchange,

(d) lease or rental, whether with an option to purchase or otherwise, or

(e) gift,

but does not include a supply that is effected solely to create a security interest within the meaning of The Personal Property Security Act or the Bank Act ( Canada); ( fourniture )

"telephone directory" means a directory of subscribers of a telephone company that is printed on paper; ( annuaire téléphonique ) M.R. 78/96

1(2) A supply of a beverage in a container by a steward of beverage containers is a supply "for consumption" if it is a supply

(a) by the steward for consumption by a final consumer and not for the purpose of its being supplied again;

(b) to a person followed by a transaction in which that person supplies the beverage in the container for consumption by a final consumer and not for the purpose of its being supplied again; or

(c) to a person followed by one or more supply transactions that are in turn followed by a transaction in which the beverage in the container is supplied for consumption by a final consumer and not for the purpose of its being supplied again.

1(3) A beverage in a container is deemed to have been supplied for consumption when it is no longer suitable for its original intended purpose by reason of defect, damage, expiry of shelf life or other similar cause.

1(4) A beverage in a container is deemed to have been supplied for consumption "in Manitoba" except when it is sent by mail, shipped or delivered from a place in Manitoba where it is kept for supply to a place outside Manitoba.

APPLICATION

Application

2 This regulation does not apply to beverage containers for which a refundable deposit is payable at the time the beverage is supplied at retail.

DESIGNATIONS

Designation of material

3 The following are designated as designated material for the purpose of the Act:

(a) beverage containers;

(b) the packaging of prepackaged goods other than beverage containers;

(d) advertising material;

(e) newspapers;

(f) magazines;

(g) telephone directories.

ESTABLISHMENT OF CORPORATION AND FUND

Corporation established

4(1) The Manitoba Product Stewardship Corporation is hereby established, consisting of ten members appointed as follows:

(a) one member appointed by the Lieutenant Governor in Council who in the opinion of the Lieutenant Governor in Council is representative of the views of grocery distributors;

(b) one member appointed by the Lieutenant Governor in Council who in the opinion of the Lieutenant Governor in Council is representative of the views of distributors of beverages in containers;

(c) one member appointed by the Lieutenant Governor in Council who in the opinion of the Lieutenant Governor in Council is representative of the views of persons engaged in the business of publishing newspapers;

(d) one member appointed by the Lieutenant Governor in Council who in the opinion of the Lieutenant Governor in Council is representative of the views of the retail sector;

(e) one member appointed by the Union of Manitoba Municipalities;

(f) one member appointed by the Manitoba Association of Urban Municipalities; (g) one member appointed by The City of Winnipeg;

(h) three other members appointed by the Lieutenant Governor in Council. M.R. 78/96

4(2) A person who appoints a member of the corporation may fix the term of the appointment, revoke the appointment or reappoint the member. M.R. 78/96

4(3) The minister shall designate a member from among those appointed by the Lieutenant Governor in Council under clause (1)(h) to be the chairperson of the corporation. M.R. 78/96

4(4) The minister may revoke the designation of a member under subsection (3) or may designate the member again.

4(5) If at any time the number of members appointed under subsection (1) does not constitute a quorum, the minister may make a temporary appointment to any or all of the vacant positions referred to in clauses (1)(e) to (g).

4(6) The term of a temporary member expires not later than the day the position held by the temporary member is filled under subsection (1). Application of C.C.S.M. c. C225

5(1) The Manitoba Product Stewardship Corporation is a corporation created for government purposes within the meaning of clause 3(1)(b) of The Corporations Act.

5(2) If there is a conflict between this regulation and The Corporations Act, this regulation prevails.

Quorum

6 A quorum of the corporation consists of five members. M.R. 78/96

Fiscal year 7 The fiscal year of the corporation is the period from April 1 in one year to March 31 in the next year. M.R. 78/96

Objects of corporation 8 The objects of the corporation are

(a) to establish and administer a waste reduction and prevention program for designated materials for Manitoba consistent with the principles of sustainable development as set out in section 1 of the Act;

(b) to provide for the effective, efficient and economical management of waste designated materials; and

Remuneration and expenses of members 9(1) In this section,

"activity assigned by the corporation" means an activity, such as representing the corporation or investigating or researching a matter, assigned to a member or group of members by a resolution of the corporation recorded in the minutes of a corporate meeting; ( fonction attribuée par la Société )

"corporate meeting" means a meeting of the members of the corporation or of a subcommittee of the corporation called in accordance with the by-laws; ( réunion de la Société )

"public meeting" means a public meeting called by a resolution of the corporation recorded in the minutes of a meeting of the corporation. M.R. 78/96

9(2) A member, other than a member who is a civil servant, is entitled to be remunerated at the rate of

(a) $79. per 3 1/2 hour period or portion of a 3 1/2 hour period, to a maximum of $139. per day for corporate meetings, public meetings and activities assigned by the corporation; or

(b) $138. per 3 1/2 hour period or portion of a 3 1/2 hour period, to a maximum of $243. per day for

(i) corporate meetings, public meetings and activities assigned by the corporation if the member is the chairperson of the corporation,

(ii) corporate meetings during which the member acts in place of the chairperson in circumstances authorized by the by-laws, or

(iii) public meetings during which the member acts in place of the chairperson. M.R. 78/96

9(3) A member is entitled to be paid for expenses reasonably incurred by the member in attending a corporate meeting, public meeting or activity assigned by the corporation. M.R. 78/96

Staff and advisors

10 For the purposes of enabling the corporation to conduct its business and affairs, the corporation may

(a) employ employees and prescribe their conditions of employment and provide for and pay their remuneration and expenses; and

(b) engage the services of advisors and persons providing special, technical or professional knowledge or services and provide for and pay their remuneration and expenses. M.R. 78/96

Loans and guarantees

11 The corporation shall not give financial assistance to a member or officer or employee of the corporation, directly or indirectly, by means of a loan or guarantee or otherwise. M.R. 78/96

Powers to make by-laws 12(1) Subject to this regulation, the corporation may make by-laws

(a) regulating its proceedings and generally for the conduct and management of the business and affairs of the corporation;

(b) respecting the appointment of officers of the corporation and providing for payment of their remuneration and expenses. M.R. 78/96

12(2) The corporation shall not delegate the power to

(a) appoint officers of the corporation or fix their remuneration or expenses;

(b) adopt, amend or repeal by-laws;

(d) approve the annual financial statements; or

(e) enter into or amend an agreement whose value exceeds or might exceed $5,000. M.R. 78/96

Multi-Material WRAP Fund established 13(1) There is hereby established an industry operated WRAP fund to be called the Multi-Material WRAP Fund which shall be used to provide or pay for any or all of the following:

(a) establishing and administering a waste reduction and prevention program for designated material;

(b) education programs for the purpose of the waste reduction and prevention program for designated material;

(c) expenditures incurred in the collection, transportation, storage, processing and disposal of designated material in connection with the waste reduction and prevention program;

(d) research and development activities related to the management of designated material;

(e) promotion and development of activities and economic instruments to encourage reduction and prevention of waste designated material;

(f) the appropriate disposal of waste designated material;

(g) salaries and other costs of the corporation and the Fund;

(h) salaries and other costs of government for the administration and enforcement of the Act and this regulation as they relate to the responsibilities of the corporation and the regulations respecting reduction and prevention of waste designated material. M.R. 78/96

13(2) The following must be deposited into the Fund:

(a) WRAP levies on designated material as provided in section 27 and interest on WRAP levies as provided in section 31;

(b) grants, gifts, donations and bequests to the Fund;

13(3) Investment income earned on deposits of the Fund accrues to and forms part of the Fund.

13(4) The minister may make orders for the payment of salaries and other costs of government described in clause (1)(h).

Three-year business plan

14(1) The corporation shall, before April 1, 1995, before February 1, 1998 and before February 1 of every third year after that

(a) adopt a business plan in the form, and containing the information, required by the minister for the implementation of the corporation's responsibilities under the Act and this regulation for the three year period beginning on the first day of the fiscal year following its adoption; and

(b) submit it to the minister. M.R. 78/96

14(2) The minister may extend the time for adopting and submitting a business plan under subsection (1).

14(3) The business plan may include recommendations for the future designation of material, the classification of designated material and the amount of levies to be paid with respect to designated material or any class of designated material.

14(4) The minister may approve the business plan.

14(5) The minister shall not approve a business plan of the corporation unless the sum of the anticipated revenue of the corporation in each fiscal year covered by the plan and any surplus of revenue of the corporation carried forward from the previous fiscal year is equal to or exceeds the anticipated expenses of the corporation for that year. M.R. 78/96

14(6) The corporation may adopt an amendment to an approved business plan and the minister may approve the amendment. M.R. 78/96

14(7) The minister shall not approve an amendment to an approved business plan if the amendment would reasonably be expected to result in the anticipated expenses of the corporation in a fiscal year covered by the plan exceeding the sum of

(a) the anticipated revenue for that year; and

(b) any surplus of revenue of the corporation carried forward from the previous fiscal year. M.R. 78/96

14(8) The minister shall file in the register kept under section 35 a copy of every business plan, and every amendment to a business plan, approved by the minister.

Implementation of business plan

15 The corporation shall ensure that a business plan, as originally approved or approved as amended under subsection 14(5), is implemented substantially in accordance with its intent. M.R. 78/96

Annual report

16(1) As soon as is practicable after the end of each fiscal year, and in any event not later than 90 days after the end of the fiscal year, the corporation shall provide to the minister an annual report summarizing the activities of the corporation in the fiscal year and containing audited financial statements covering the Fund for the fiscal year and setting out a summary of the Fund's assets and liabilities. M.R. 78/96

16(2) Without delay after the minister receives a report of the corporation, the minister shall lay the report before the Legislative Assembly if the Assembly is then in session, and if it is not, then the minister shall lay the report before the Legislative Assembly within 15 days of the commencement of the next ensuing session. M.R. 78/96

Availability of business plan and annual report

17 The corporation shall make a copy of the following available for inspection by the public at its head office during normal business hours:

(a) every business plan and amendment to a business plan approved by the minister under section 14;

(b) every annual report provided to the minister under section 16. M.R. 78/96

LICENSING OF STEWARDS OF BEVERAGE CONTAINERS

Licence required

18(1) No person who is a steward of beverage containers shall supply a beverage in a container unless the steward is licenced by the corporation and the licence is not under suspension. M.R. 78/96

18(2) An application for a licence or renewal of a licence must be in the form and contain the information required by the corporation. M.R. 78/96

18(3) An application for renewal must be received by the corporation no later than 60 days before the expiry of the existing licence. M.R. 78/96

Entitlement to licence

19(1) An applicant is entitled to a licence or renewal of a licence unless the applicant is in contravention of the Act or this regulation.

19(2) A licence may be issued subject to any conditions imposed by the corporation. M.R. 78/96

19(3) A licensee who breaches a condition of a licence contravenes this regulation. Issue of licence

20(1) The corporation shall issue a licence certificate to an applicant who is entitled to a licence or renewal of a licence. M.R. 78/96

20(2) The corporation shall assign a licence number to each licensee. M.R. 78/96

20(3) A licence expires on the date stated in the licence certificate.

20(4) A licence is not transferable. Security

21(1) For the purpose of ensuring that a steward of beverage containers complies with the Act and this regulation, the corporation may require an applicant for licensing or a licensee to provide security or evidence of security to the corporation at the time of application or at any other time, by serving a notice in writing specifying the form and amount of the security or evidence of security and the time within which it is to be provided. M.R. 78/96

21(2) The applicant or licensee who is served with a notice under subsection (1) shall within the time required in the notice provide security or evidence of security in accordance with the notice.

Refusal, suspension and cancellation of licence

22 Subject to section 23, the corporation may refuse to issue a licence to an applicant or may refuse to renew, or may suspend or cancel, a licence if the applicant or licensee is in contravention of the Act or this regulation. M.R. 78/96

Procedure for refusal, suspension or cancellation 23(1) When the corporation proposes to refuse to issue or renew, or proposes to suspend or cancel, a licence, the corporation shall serve a notice of the proposal and a statement of the reasons for it on the applicant or licensee. M.R. 78/96

23(2) A notice under subsection (1) must inform the applicant or licensee that he or she may, within 10 days after the notice under subsection (1) is served, make representations in writing about the proposal.

23(3) If the applicant or licensee does not respond within the time stated in the notice, the corporation may carry out the proposal stated in the notice. M.R. 78/96

23(4) If the applicant or licensee responds within the time stated in the notice, the corporation shall without delay consider the response and take such actions as it ought to take in accordance with this regulation. M.R. 78/96

Continuance when renewal pending

24 When a licensee applies for renewal of his or her licence no later than 60 days before its expiry, the licence is deemed to continue

(a) until the renewal is issued; or

(b) if the licensee is served with a notice under subsection 23(1), until the corporation carries out its proposal or issues the renewal. M.R. 78/96

Cancellation in certain circumstances

25 Notwithstanding anything in this regulation, the corporation may cancel the licence of a licensee who

(a) ceases to carry on business; or

(b) applies to surrender his or her licence certificate. M.R. 78/96

NOTICE OF INTENTION TO SUPPLY CONTAINER TYPE

Notice of container type

26(1) This section does not apply in respect of beverages in containers supplied by the Liquor Control Commission other than containers for beer.

26(2) For the purpose of this section, a number of beverage containers constitute a type of container if those beverage containers

(a) are made of the same material;

(b) are the same size;

(d) are the same shape.

26(3) For the purpose of clause (2)(a), beverage containers that are made primarily of glass or plastic are deemed to be made of different materials if the glass or plastic is of different colours.

26(4) No steward of beverage containers shall supply a beverage in a container for consumption in Manitoba unless the steward has given written notice to the corporation, in the form required by the corporation, of intention to supply a container type specifying the type of container and other related information required by the corporation. M.R. 78/96

WRAP LEVIES

WRAP levies

27 A steward of beverage containers shall pay a WRAP levy at the rate of 2 per container that contained a beverage that is supplied by the steward for consumption in Manitoba.

WRAP levy in trust

28(1) A steward of beverage containers holds all WRAP levies payable under section 27 in trust for the corporation. M.R. 78/96

28(2) The corporation may, by serving a notice in writing, require a steward of beverage containers to hold all WRAP levies payable under section 27 in a separate trust account, and the steward shall without delay place all the WRAP levies in a separate trust account. M.R. 78/96

Filing of return and payment of levy

29(1) In this section, "calendar quarter" means the period of three months beginning on the first day of January, April, July and October in each year.

29(2) Except as otherwise provided in subsection (3), a reporting period is the calendar month.

29(3) The reporting period of a steward of beverage containers is the calendar quarter if the steward, in the preceding calendar quarter, supplied less than 300,000 beverages in containers for consumption in Manitoba.

29(4) A steward of beverage containers shall

(a) complete and file with the corporation at its head office a return for each reporting period, not later than 20 days after the end of the reporting period; and

(b) remit to the corporation with the return all WRAP levies payable for beverage containers supplied by the steward for consumption in Manitoba during the reporting period. M.R. 78/96

29(5) A return shall be in the form and contain the information required by the corporation. M.R. 78/96

29(6) The corporation may in writing extend the time for filing a return. M.R. 78/96

Assessments by corporation 30(1) The corporation may assess the amount of WRAP levies and interest to be paid by a steward of beverage containers in respect of the reporting period if

(a) the steward fails to file a return in accordance with section 29;

(b) the corporation reasonably believes that a return that has been filed by the steward is incorrect or misleading; or

30(2) When the corporation makes an assessment under subsection (1), the amount of the assessment and interest is due and payable from the time the steward of beverage containers is served with the notice of assessment and the steward shall remit

(a) the amount of the assessment and interest; or

(b) if a return has been filed and a remittance

made, the amount, if any, by which the amount of the assessment and interest exceeds the amount remitted. M.R. 78/96

Interest

31 Interest is payable by a steward of beverage containers on WRAP levies that the steward fails to remit as required by this regulation at the following rate:

(a) for the period beginning on January 1 and ending on June 30 of a year, the rate is the prime lending rate of the government's principal banker, as the prime rate stood on January 1 of the year, plus 2%;

(b) for the period beginning on July 1 and ending on December 30 of a year, the rate is the prime lending rate of the government's principal banker, as the prime rate stood on July 1 of the year, plus 2%.

Recovery of WRAP levy

32 A WRAP levy and any interest owing in respect of it are recoverable in an action in debt.

CONFIDENTIALITY AND RECORDS

Information to be confidential

33(1) Except as provided in subsection (2), a return made to the corporation or to an employee or agent of the corporation is confidential to the extent that any information in the return would reasonably be expected to identify the volume of sales of any designated material or type of designated material, or the market share of any designated material or type of designated material, of any steward of beverage containers, and no person who obtains the return shall knowingly disclose, or permit any person to disclose that information, except with the consent of the person who made the return.

33(2) A return obtained under this regulation may be disclosed

(a) for the purpose of the administration or enforcement of the Act or this regulation or legal proceedings related to that enforcement;

(b) when required by law; or

Records

34 A steward of beverage containers shall Keep

(a) at his or her head office in Manitoba or at another place of business in Manitoba authorized by the corporation, documents, records and books of account relating to designated materials that are acquired by or supplied by the steward; and

(b) each document, record and book of account until six years after the date it was made. M.R. 78/96

GENERAL PROVISIONS

35 The minister shall

(a) keep a register of business plans and amendments to business plans approved under section 14; and

(b) make it available for inspection by the public during normal business hours.

Service of notice

36(1) A notice that is required to be served by the corporation shall be served on a person in accordance with subsection (2)

(a) if the person is an individual, on the individual;

(b) if the person is a corporation, on a director or officer of the corporation; or

(c) if the person is a partnership, on a partner who is an individual or a corporation, in the manner set out in clause (a) or (b), as the case may be. M.R. 78/96

36(2) A notice may be served on a person

(a) personally by giving a copy to the person;

(b) by sending to his or her address last known to the corporation a copy by any method, including registered mail, certified mail or prepaid courier, if there is a record by the person who delivered it that the notice was sent; or

(c) by telephone transmission of a facsimile of the notice or by other electronic transmission to the person, if there is a record that the notice has been sent. M.R. 78/96

36(3) A notice sent by mail is deemed to be received by the intended recipient on the earlier of

(a) the day the intended recipient actually receives it; and

(b) the fifth day after the day it is mailed.

36(4) A notice sent by a method referred to in clause (2)(c) is deemed to be received by the intended recipient on the earlier of

(a) the day the intended recipient actually receives it; and

(b) the first business day after the day it is sent. Review and recommendation 37 Not later than April 1, 1998, the minister shall

(a) review the effectiveness of the operation of this regulation including consulting with such persons affected by it as the minister considers appropriate; and

(b) recommend to the Lieutenant Governor in Council that the regulation be amended, continued or repealed.

TRANSITIONAL AND COMING INTO FORCE

Transitional provisions

38(1) A licence held by a manufacturer or distributor under the Beverage Container Regulation, Manitoba Regulation 137/92, immediately before the coming into force of this section is deemed to be a licence of a steward of beverage containers under this regulation.

38(2) A notice given under section 7 of the Beverage Container Regulation, Manitoba Regulation 137/92, (notice of intention to sell a container type) is deemed to have been given under section 26 of this regulation.

Repeal

39 The Beverage Container Regulation, Manitoba Regulation 137/92, is repealed. Coming into force

40(1) This regulation, except sections 18 to 34, 38 and 39, comes into force on the day it is registered.

40(2) Sections 18 to 34, 38 and 39 come into force on April 1, 1995.

The Queen's Printer for the Province of Manitoba

Updated November 2, 2008