Nova Scotia

The following text was found at http://www.gov.ns.ca/just/regulations/REGS/envsolid.htm#TOC3_12

Solid Waste-Resource Management Regulations made under Section 102 of the Environment Act

Beverage container programs

14     (1)   All beverage containers sold in the Province shall be either refillable or recyclable as determined by the Administrator.

         (2)   All beverage containers shall be subject to a deposit-refund system as described in these regulations.

         (3)   No person shall sell, manufacture, distribute, offer to sell or permit to be sold in the Province a beverage in a container that is subject to the deposit and refund system which is not clearly labelled with the words “RETURN FOR REFUND” or words to like effect.

         (4)   (a)    No later than 3 months after the effective date of these regulations, the Board shall collect and submit to the Minister

                         (i)     baseline figures for 1994 respecting the proportion of refillable and non-refillable beverage containers by product type sold for consumption in the Province; and

                         (ii)    current figures in 1995 to a date determined by the Board.

                (b)    Unless the Minister agrees otherwise in writing, no distributor shall decrease the proportion of refillable containers of any given type for a beverage sold for consumption in the Province below the proportions established in the 1994 baseline figures.

                (c)    The Board shall report annually to the Minister respecting the proportion of refillable and non-refillable containers sold for consumption in the Province.

         (5)   In Sections 14 to 18,

                (a)    “distributor” means a distributor of beverage containers;

                (b)    “retailer” means a person who sells or offers for sale a beverage in a beverage container to the public

                         (i)     for consumption off the premises, or

                         (ii)    by a coin-operated vending machine.

Subsection 14(5) added: O.I.C. 2007-102, N.S. Reg. 61/2007.

Deposits and refunds

15     (1)   The minimum cash deposit on a redeemable beverage container is

                (a)    for a refillable or non-refillable beverage container other than a beverage container for liquor, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.10;

                (b)    for a refillable liquor container of less than 1.0 L, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.10;

                (c)    for a refillable liquor container greater than or equal to 1.0 L, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.20 cents;

                (d)    for a non-refillable liquor container less than or equal to 500 ml, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.10;

                (e)    for a non-refillable liquor container greater than 500 ml, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.20.

Subsection 15(1) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.

         (2)   A retailer shall collect from the purchaser the cash deposit prescribed in subsection (1) for each beverage sold to the purchaser in a redeemable beverage container and shall show the amount of the [such] deposit on a cash receipt.

         (3)   Upon receipt of a beverage container, a depot operator shall immediately provide a minimum cash refund of,

                (a)    for a refillable beverage container, an amount, including the applicable federal and Provincial sales tax, that equals 100% of the full cash deposit;

                (b)    for a non-refillable beverage container, an amount, including federal and Provincial sales tax, that equals 50% of the full cash deposit.

Subsection 15(3) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.

         (4)   Where the amount of the cash deposit or cash refund is more than the minimum amount prescribed in subsection (1) or (3), the cash deposit or the cash refund shall be inclusive of any applicable federal and Provincial sales tax.

Subsection 15(4) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.

         (5)   Within 30 days of collection of redeemable beverage containers by the Board or its agent from a depot operator, the Board or its agent shall reimburse the depot operator the minimum cash refund prescribed in Schedule “C” plus a handling fee determined by the Board.

         (6)   Unless otherwise agreed to by the Board, the Minister and the Nova Scotia Liquor Commission, subsection (5) does not apply to a beverage container for liquor.

Distributor registration/operation

16     (1)   A distributor of beverage containers in the Province shall register with the Board within 60 days of the effective date of these regulations.

         (2)   No distributor shall sell or offer for sale a beverage container in the Province unless that person is registered with the Board under subsection (1).

         (3)   A distributor of beverage containers shall register with the Board all beverage containers distributed and shall designate each container registered by beverage product, container size and container type.

         (4)   No person shall sell or offer for sale a beverage in a beverage container which is not registered with the Board under subsection (3).

         (5)   On or before the 20th day of each month, a distributor shall file with the Board a return, in a form approved by the Board, reporting

                (a)    all units sold during the immediately preceding calendar month; and

                (b)    the remittance due by the distributor by type and tax status of beverage container as described in subsection (5B),

and shall remit to the Board any cash deposits collected pursuant to these regulations during that immediately preceding calendar month.

Subsection 16(5) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.

         (5A)         Despite subsection (5), at the request of the Board, a distributor shall file with the Board a return covering such period as the Board may determine, in a form approved by the Board, reporting

                (a)    all units sold; and

                (b)    the remittance due by the distributor by type and tax status of beverage container, as described in subsection (5B),

and shall remit to the Board any cash deposits collected pursuant to these regulations during that period.

Subsection 16(5A) added: O.I.C. 2000-287, N.S. Reg. 100/2000.

         (5B)         Where reporting the tax status of beverage containers in a return required pursuant to subsection (5) or (5A), the distributor shall list taxable units sold and zero-rated units sold, as defined in the Excise Tax Act (Canada).

Subsection 16(5B) added: O.I.C. 2000-287, N.S. Reg. 100/2000.

         (6)   A distributor may arrange for a person outside of the Province to act as their agent to collect and submit to the Board any cash deposit required under these regulations.

         (7)   In the event of any default of payment by an agent under subsection (5), the distributor is responsible to pay the cash deposit money to the Board.

         (8)   Unless otherwise agreed to by the Board, the Minister and the Nova Scotia Liquor Commission, subsections (1) to (7) do not apply to a distributor who distributes only beverage containers for liquor.

Depot registration/operation

17     (1)   Within 60 days of the effective date of these regulations, no person shall be eligible to receive payment for collection of beverage containers or other materials by the Board or its agent unless the person is registered with the Board and has supplied information as required by the Board.

         (2)   Subject to subsection (3), a container collection depot which, at the effective date of these regulations, is registered with the Registrar of Joint Stock Companies to operate a container collection depot shall automatically be registered as a container collection depot under these regulations if an application, together with proof of registration as a collection depot with the Registrar, is submitted to the Board within 60 days of the effective date of these regulations.

         (3)   The status of a container collection depot under subsection (2) shall be revoked within 1 year of the effective date of these regulations if the collection depot fails to comply with standards established by the Board.

         (4)   The Board shall develop and publish standards under subsection (3) on or before February 28, 1996.

         (5)   The Board may establish rules and standards governing the operation of a depot.

         (6)   No depot operator shall fail to accept any redeemable beverage container provided the container is intact and it is in reasonably clean condition.

Notice to consumers

18     A retailer shall clearly display a notice indicating

                (a)    the deposit which will be charged for each type of beverage container;

                (b)    the refund available on a returned beverage container;

                (c)    the location of the nearest depot where a beverage container can be redeemed for refund; and

                (d)    the hours of operation of the depot,

at a retail premises where beverages are sold in redeemable beverage containers.

 

Updated November 2, 2008

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