New Brunswick

The following text was found at http://www.canlii.org/nb/laws/sta/b-2.2/20071114/whole.html

S.N.B. 1991, c. B-2.2

Beverage Containers Act

Chapter Outline
Definitions
1
beverage - boisson
beverage container - récipient à boisson
distributor - distributeur
environmental fee - droit de protection de l’environnement
food service - service alimentaire
inspector - inspecteur
licence - permis
Minister - Ministre
recyclable beverage container - récipient à boisson recyclable
redemption centre - centre de remboursement
refillable beverage container - récipient à boisson réutilisable
retailer - détaillant
sell - vendre
Status of New Brunswick Liquor Corporation
2(1)
Status of seller of sacramental wine
2(2)
Exemption for distributor
2(3), (4)
Administration of the Act
3
Prohibition on sale of unapproved beverage container
4(1)
Application for approval of beverage container
4(2), (3)
Requirements for a plan for refilling or recycling of a beverage container
4(4)
Assignment of responsibilities of distributor
4(5)
Recording of assignment
4(6)
Effect of assignment
4(7)
Annual Report to the Legislature
4(8)
Approval of a type of beverage container
5(1), (2)
Amount of refund
5(3)
Additional terms of plan
5(4)
Withdrawal of approval of plan
5(5), (6)
Amendments to plan
6
Requirement to pay deposit
7(1)
Collection of deposit
7(2)
Prohibition on plastic rings and other connectors
8
Prohibition on pull tabs
9
Prohibition on distributors respecting markings on beverage container
10
Prohibition on retailer respecting markings on beverage container
11
Prohibition on promoting recyclable over refillable
12
Prohibition from operating redemption centre without authority of licence
13(1)
Powers of the Minister respecting licensing of operators of redemption centre
13(2)-(6)
Obligation of operator of redemption centre to provide records and reports
13(7)
Returns of empty beverage containers
14
Obligation of distributor or agent to collect empty beverage container
15(1), (2)
Payment for empty beverage containers accepted
15(3), (4)
Right of distributor or agent not to accept or collect empty beverage container
15(5)
Stop Sale Order
16
Prohibition on distribution by unregistered distributor
17(1)
Registration of distributor
17(2), (3)
Conditions on registration of distributor
17(4), (5)
Suspension or cancellation of registration of distributor
17(6), (7)
Obligation of distributor to provide records and reports
17(8)
Forfeiting of a security
17(9), (10)
Calculation of environmental fee
18(1)
Disposition of environmental fees and unclaimed deposit
18(2), (3)
Payment into Environmental Trust Fund
19
Designation of inspectors
20(1)
Powers of inspector
20(2)
Obligation to cooperate with inspector
20(3)
Prohibition respecting inspections
20(4), (5)
Offences
21
Regulations
22
Exemption for first year
23
Bottle exchange
24
Repeal of Beverage Containers Act
25
Commencement
26
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1In this Act
“beverage” means a liquid intended for human consumption by drinking but does not include any liquid excluded by regulation;
“beverage container” means a container that
(a)holds five litres or less of a beverage, and
(b)is delivered sealed to
(i)a retailer who sells the beverage without opening the container, or
(ii)a food service;
“distributor” means a person
(a)who sells, by wholesale or other means, beverages in beverage containers to a retailer or food service in the Province, and
(b)who enters into a contract for the bottling of a beverage in a beverage container for sale to a retailer or food service in the Province;
“environmental fee” means the fee established to provide for the costs of administering programs for the reduction, reuse and recycling of waste produced by littering, failing to reuse or recycle or other actions or inactions by individuals;
“food service” means
(a)a restaurant or cafeteria, and
(b)a hospital facility, nursing home or other institution that, as part of the service it provides, also provides meals;
“inspector” means a person designated under subsection 20(1);
“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;
“Minister” means the Minister of Environment and includes persons designated by the Minister to act on the Minister’s behalf;
“recyclable beverage container” means a type of beverage container that is intended to be recycled and is approved under subsection 5(2);
“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 distributor’s agent, but does not include the retention of empty beverage containers by a retailer solely for the purpose of storage;
“refillable beverage container” means a type of beverage container that is intended to be used more than once for the sale of a beverage and is approved under subsection 5(2);
“retailer” means a person who sells beverages in beverage containers to the public for consumption off the premises and a person who sells by a coin-operated vending machine;
“sell” includes offer for sale.
1993, c.29, s.1; 1998, c.45, s.1; 2000, c.26, s.27; 2006, c.16, s.16.
2(1)For the purposes of this Act, the New Brunswick Liquor Corporation is both the retailer and distributor of liquor as defined in the Liquor Control Act.
2(2)For the purposes of this Act, a person authorized under the Liquor Control Act to sell or purchase and sell wine for sacramental purposes is both a retailer and distributor.
2(3)Where there is a contract between two or more distributors for the sale of a beverage in a beverage container to a retailer or a food service in the Province, the Minister may exempt, on application, a distributor from all or part of the provisions of this Act and the regulations with respect to the beverage in the beverage container.
2(4)Where the Minister exempts a distributor under subsection (3), the Minister shall
(a)exempt the distributor in writing with respect to the beverage in the beverage container named in the exemption, and
(b)designate the provisions of the Act or regulations to which the exemption applies and the conditions under which the exemption applies.
1993, c.29, s.2; 1998, c.45, s.2.
3The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.
4(1)No person shall sell a beverage in a beverage container unless the beverage container is of a type that is approved under this section.
4(2)A distributor may apply in writing to the Minister for approval of a type of beverage container.
4(3)At the time of application, the distributor shall submit to the Minister a plan for the recycling or refilling of the type of beverage container for which the application is made.
4(4)A plan submitted by a distributor under subsection (3) shall include:
(a)a list of redemption centres that will accept empty beverage containers;
(b)a description of the means of retrieval of empty beverage containers from the redemption centres;
(c)a list of the facilities to be used for refilling or recycling;
(d)a description of the means of delivery of empty beverage containers to the refilling or recycling facilities;
(e)a statement of how the distributor proposes to dispose of broken or contaminated empty beverage containers;
(f)a description of the composition and shape of the beverage container;
(g)a description of the size, shape and location of
(i)the markings to be affixed to or form part of the beverage container, or
(ii)the markings to be affixed to or form part of the package containing refillable beverage containers;
(h)a description of the means by which the beverage containers are packaged or held together so as not to present a hazard to wildlife;
(i)a description of the distributor’s contingency arrangements;
(j)a description of the notice to be displayed with or near the beverage containers that identifies for the consumer the type of beverage container and the amount of the deposit and refund for the type of beverage container; and
(k)any other relevant information required by the Minister.
4(5)A distributor may assign all or part of the distributor’s responsibilities under this Act to an agent acceptable to the Minister.
4(6)Where a distributor assigns all or part of the distributor’s responsibilities under subsection (5), the distributor shall indicate on the plan submitted under subsection (3) the name of the agent as well as the nature and extent of the assignment.
4(7)Where a distributor assigns all or part of the distributor’s responsibilities under subsection (5), the distributor is responsible under this Act for the agent’s violation of or failure to comply with the provisions of this Act and the regulations.
4(8)The Minister shall submit annually to the Legislature a report on
(a)the distributors’ compliance with plans submitted under subsection (3), and
(b)the refilling and recycling of beverage containers in the Province.
1998, c.45, s.3.
5(1)The Minister may issue an approval of a type of beverage container where the plan submitted under subsection 4(3) is acceptable to the Minister.
5(2)Where the Minister issues an approval under subsection (1), the Minister shall
(a)approve the beverage container as either a refillable beverage container or a recyclable beverage container, and
(b)notify the distributor of the value of the deposit and refund prescribed by regulation and the notice shall form part of the plan.
5(3)The amount of the refund
(a)for a refillable beverage container is equal to the amount of the deposit, and
(b)for a recyclable beverage container is equal to a percentage of the amount of the deposit prescribed by regulation.
5(4)At the time of the approval or at any subsequent time, the Minister may place any terms or conditions on the approval regarding the refilling or recycling of the beverage containers including the minimum percentage of beverage containers to be recycled or refilled.
5(5)Subject to subsection (6), 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).
5(6)The Minister shall not withdraw the approval issued under subsection (1), or add or amend any term or condition under subsection (4) without allowing the distributor an opportunity to be heard in the matter.
1998, c.45, s.4.
6(1)A distributor may apply to amend the plan submitted under subsection 4(3) by submitting the amendments to the Minister.
6(2)The Minister may approve the amendments to the plan and these amendments shall form part of the approved plan at the date of the approval.
7(1)Every person in the Province who purchases from a retailer or a distributor a beverage in a recyclable or refillable beverage container shall pay the deposit for the beverage container as prescribed by regulation.
7(2)Every distributor registered under this Act shall collect the deposits payable on the beverage containers sold by the distributor.
1993, c.29, s.3.
8No distributor shall sell a beverage in beverage containers connected by plastic rings or other connecting devices prohibited by regulations.
9No distributor shall sell a beverage in a metal beverage container with a detachable rigid metal pull tab.
1998, c.45, s.5.
10No distributor shall sell or distribute a beverage in a beverage container that
(a)does not have markings that identify the distributor of the beverage container or the person who filled the beverage container, or
(b)does not comply with the Minister’s approval under subsection 5(1).
11No retailer shall sell a beverage in a beverage container that does not have markings that identify the distributor of the beverage container or the person who filled the beverage container.
12No retailer or distributor shall use as a means of encouraging the purchase of beverages in recyclable beverage containers in preference to refillable beverage containers a practice of advertising, pricing or discounting of prices that is prohibited by regulation.
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 Minister’s 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 Minister’s 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 Minister’s 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 Minister’s 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.
1993, c.29, s.4; 1998, c.45, s.6.
14(1)Subject to subsection (7), a person may return an empty beverage container to a redemption centre.
14(2)Subject to subsection (7), an operator of a redemption centre shall accept all empty beverage containers of a type approved under this Act delivered by a person to the redemption centre.
14(3)Retailers shall prominently display a notice provided by the Minister advising the public of where the beverage containers may be returned.
14(4)Repealed: 1998, c.45, s.7.
14(5)An operator of a redemption centre shall display prominently a notice provided by the Minister advising the public of the daily period of time when empty beverage containers will be accepted.
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.
14(7)An operator of a redemption centre is not required to accept
(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.
14(8)Repealed: 1998, c.45, s.7.
1998, c.45, s.7.
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.
1998, c.45, s.8.
16(1)Subject to subsection (2), where the Minister determines that a distributor or where applicable, the agent of the distributor has failed to comply with section 12 or subsection 15(1), (3), (4) or (6), the Minister may issue a stop sale order prohibiting, to the extent stated in the order, the distributor from selling in the Province a beverage in a beverage container for a period of not more than ninety days.
16(2)The Minister shall not issue a stop sale order under subsection (1) without giving the distributor an opportunity to be heard in the matter.
16(3)During the period specified in the stop sale order, the distributor or where applicable, the agent of the distributor shall not contravene a stop sale order.
17(1)No person shall distribute a beverage in a beverage container unless the person is registered as a distributor under this Act.
17(2)A person may apply in writing to the Minister for registration as a distributor under this Act.
17(3)The Minister shall register the distributor if the distributor has a place of business in the Province acceptable to the Minister.
17(4)The Minister may, at the time of registration of the distributor or at any subsequent time, place any reasonable term or condition on the distributor that the Minister considers appropriate, including
(a)a condition that a distributor deliver a security to the Minister in an amount and form prescribed by regulations,
(b)a condition that a distributor sell beverages in refillable beverage containers and recyclable beverage containers at a ratio that is acceptable to the Minister, and
(c)a condition that a distributor make available to the public a variety of sizes and types of refillable beverage containers that is acceptable to the Minister.
17(5)The Minister may, at any time, amend, substitute or repeal any term or condition under subsection (4) or place additional terms and conditions.
17(6)Subject to subsection (7), the Minister may cancel or suspend the registration of a distributor issued under this section where the distributor contravenes or fails to comply with any of the provisions of this Act and the regulations or any term or condition of the registration.
17(7)The Minister shall not cancel or suspend the registration of a distributor without giving the distributor an opportunity to be heard in the matter.
17(8)A distributor registered under this section shall provide the Minister with records and reports as required by the Minister on a form provided by the Minister.
17(9)Where a security delivered under subsection (4) is forfeited, the Minister, after deducting the Minister’s cost of administering the security, may distribute in accordance with the regulations any money recovered.
17(10)Where the Minister makes a payment from money recovered from a security, the Minister is discharged of all responsibilities under this Act.
18(1)For the purpose of this section, the amount equal to the difference between the deposit and the refund on the recyclable beverage container is the environmental fee.
18(2)Every distributor or where applicable, agent of the distributor shall use, retain or remit in accordance with the regulations
(a)the environmental fees, and
(b)the unclaimed deposits on beverage containers,
that have been collected by the distributor.
18(3)The environmental fees and unclaimed deposits on beverage containers that are used or retained by a distributor or where applicable, an agent of a distributor are not subject to the provisions of the Financial Administration Act.
19The environmental fees and unclaimed deposits that are not used or retained by a distributor or where applicable, an agent of a distributor and have been remitted under section 18 shall be paid into the Environmental Trust Fund.
20(1)The Minister may designate a person as an inspector for the purposes of this Act.
20(2)An inspector, at any reasonable time and upon presentation of a certificate or other means of identification prescribed by the regulations, may for the purpose of administering this Act
(a)enter any place or vehicle used for the storing, cleaning, handling, sorting, transporting, crushing, selling, refilling or recycling of beverage containers,
(b)inspect any place, vehicle or equipment used in the storing, cleaning, handling, sorting, transporting, crushing, selling, refilling or recycling of beverage containers, and
(c)inspect any books, accounts, reports or records kept at any place or vehicle, relating to the storing, cleaning, handling, sorting, transporting, crushing, selling, refilling or recycling of beverage containers.
20(3)The owner or person in charge of any place or vehicle and every person found there shall give all reasonable assistance to an inspector to enable the inspector to carry out the duties under this Act and shall furnish the inspector with such information as the inspector may reasonably require.
20(4)No person shall obstruct or hinder an inspector in the lawful execution of the inspector’s duties under this Act.
20(5)No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out the duties under this Act.
21(1)A person who violates or fails to comply with any provision of the regulations commits an offence.
21(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
21(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the Category listed beside it in Column II of Schedule A.
21(4)Where an offence under subsection (1) or (2) continues for more than one day
(a)the minimum fine that may be imposed is the minimum fine for the offence set by this Act multiplied by the number of days during which the offence continues, and
(b)the maximum fine that may be imposed is the maximum fine for the offence set by this Act multiplied by the number of days during which the offence continues.
21(5)In any prosecution for a violation of this Act, any document purporting to be signed by the Minister is admissible in evidence without proof of the signature, appointment or authority of the person purporting to have signed it, and is, in the absence of evidence to the contrary, proof of the matters stated in the document.
22The Lieutenant-Governor in Council may make regulations
(a)excluding specific liquids or classes of liquids from the definition “beverage”;
(b)excluding containers or classes of containers from the definition “beverage container”;
(c)respecting the approval and withdrawal of approval of types of beverage containers;
(d)prescribing the value of the refunds, deposits and handling fees payable under this Act;
(e)prescribing the percentage for the purpose of paragraph 5(3)(b);
(f)prescribing the fees payable under this Act and the regulations;
(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);
(h)prohibiting connecting devices for the purpose of section 8;
(i)prohibiting a practice of advertising, pricing or discounting of prices for the purpose of section 12;
(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;
(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;
(k)respecting the notices to be displayed by retailers and redemption centres;
(l)Repealed: 1998, c.45, s.9.
(m)prescribing the time within which a distributor shall collect empty beverage containers from an operator of a redemption centre;
(n)prescribing the amounts of empty beverage containers for the purpose of subsection 15(2);
(o)prescribing the periods of time for the purposes of section 15;
(p)respecting stop sale orders issued under section 16;
(q)respecting the powers, duties and identification of inspectors;
(r)respecting the actions to be taken by the Minister before making a decision respecting a withdrawal of approval of a beverage container, or a cancellation or a suspension of the registration of a distributor or of a licence;
(s)respecting the actions to be taken by the Minister before the issuance of a stop sale order;
(t)respecting the security to be delivered by the distributor to the Minister;
(u)respecting the distribution of any money recovered when a security is forfeited by a distributor registered under this Act;
(v)respecting the use, retaining and remitting of the environmental fees and unclaimed deposits and the conditions for the use or retention including requirements for rates of redemption 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;
(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;
(w)prescribing a date for the purpose of section 23.
1998, c.45, s.9.
23This Act does not apply to the distribution and sale of a beverage containing twenty-five per cent or more fruit or vegetable juice until after a date prescribed by regulation.
24(1)In this section
“bottle exchange” means a location where refillable glass beverage containers are returned, sorted and held for a distributor but does not include a retailer.
24(2)This Act does not apply in respect of the operation of a bottle exchange business which was in operation before the first day of November 1990.
25The Beverage Containers Act, chapter B-2.1 of the Acts of New Brunswick, 1977, is repealed.
26This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
SCHEDULE A
Column I
Section
Column II
Category of Offence
  
  4(1)
F
  7(1)
D
  7(2)
D
  8
D
  9
D
10(a)
F
10(b)
F
11
C
12
C
13(1)
F
13(7)
C
14(2)
D
14(3)
B
14(5)
B
14(6)
C
15(1)
D
15(3)
D
16(3)
F
17(1)
F
17(8)
C
18(2)(a)
D
18(2)(b)
D
20(3)
C
20(4)
D
20(5)
D
21(1)
B
1992, c.24, s.1; 1998, c.45, s.10.
N.B. This Act was proclaimed and came into force June 1, 1992.
N.B. This Act is consolidated to June 22, 2006.

 

Updated November 6, 2008

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