Prince Edward Island
The following text was found at http://www.gov.pe.ca/law/statutes/pdf/b-02_1.pdf
CHAPTER B-2.1
Beverage Containers Act
INTERPRETATION AND APPLICATION
1. (1) In this Act
(a) “approved plan” means, in respect of a type of beverage
container for which a distributor is given an approval under
subsection 6(1), the plan submitted by the distributor with the
application for that approval, and includes any amendments to the
plan approved by the Minister under subsection 7(2);
(b) “auditor” means an auditor appointed under subsection 23(1);
(c) “beer” means beer as defined in the Liquor Control Act R.S.P.E.I.
Cap. L-14;
(d) “beverage” means any liquid that is a ready to serve drink that is
intended for human consumption by drinking but does not include
any liquid excluded by the regulations;
(e) “beverage container” means a container that
(i) holds five litres or less of a beverage, and
(ii) is delivered sealed to
(A) a retailer, other than a retailer who operates a food service,
who sells the beverage without opening the container, or
(B) a retailer who operates a food service,
but does not include any container or class of containers excluded by
the regulations;
(f) “beverage container collector” means the beverage container
collector appointed under subsection 19(1);
(g) “beverage container depot” 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;
(h) “Department” means the Department of Environment, Energy
and Forestry;
(i) “distributor” means a person who sells, by wholesale or other
means, beverages in beverage containers to a retailer in the province;
2 Cap. B-2.1 Beverage Containers Act
(j) “food service” means
(i) a restaurant or cafeteria, and
(ii) a hospital, nursing home or other institution that provides
meals as part of the service it provides;
(k) “inspector” means an inspector appointed under subsection
22(1);
(l) “license” means a valid and subsisting license issued under
section 13;
(m) “license holder” means a person who holds a license;
(n) “liquor” means liquor as defined in the Liquor Control Act;
(o) “Minister” means the Minister of Environment, Energy and
Forestry;
(p) “operator” means, in respect of a beverage container depot, a
person who has control or management of the beverage container
depot;
(q) “recyclable beverage container” means a type of beverage
container that is intended to be recycled and is approved under
section 6;
(r) “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 section 6;
(s) “registered distributor” means a distributor who is registered
under section 9;
(t) “retailer” means a person who sells a beverage in a beverage
container to a consumer for the purposes of consumption and
includes a person who makes such a sale in the course of operating a
food service;
(u) “sell” includes to sell or offer to sell;
(v) “soft drink” means a flavoured carbonated beverage which does
not contain liquor;
(w) “wine” means wine as defined in the Liquor Control Act.
(2) For the purposes of this Act and the regulations, beverage
containers shall be classified into types of beverage containers on the
basis of the following characteristics:
(a) their composition;
(b) their shape;
(c) their capacity;
Beverage Containers Act Cap. B-2.1 3
(d) the size, shape and location of the markings that are affixed to or
form part of the beverage containers.
(3) For greater certainty, a beverage container shall be deemed to
belong to the type of beverage container that has the same characteristics
referred to in clauses (2)(a) to (d) as that beverage container.
(4) For greater certainty, a reference in this Act or the regulations to an
agent of a license holder includes a person who is an operator of the
beverage container depot specified on the license held by the license
holder. 2008,c.1,s.1.
2. (1) For the purposes of this Act, the Prince Edward Island Liquor
Control Commission is both the retailer and distributor of liquor.
(2) Where there is a contract between two or more distributors for the
sale of a beverage in a beverage container to a retailer in the province, the
Minister may, on application, exempt a distributor from all or part of the
provisions of this Act and the regulations with respect to the beverage in
the beverage container.
(3) Where the Minister exempts a distributor under subsection (2), 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. 2008,c.1,s.2.
ADMINISTRATION
3. The Minister is responsible for the administration of this Act and may
designate persons to act on the Minister’s behalf. 2008,c.1,s.3.
APPROVAL OF TYPES OF BEVERAGE CONTAINERS
4. (1) No person shall sell a beverage in a beverage container unless the
beverage container is of a type that is approved under section 6.
(2) A distributor who wishes to apply for the approval of a type of
beverage container shall
(a) submit to the Minister
(i) a written application in a form approved, and containing such
information as may be required, by the Minister,
(ii) any fee prescribed by the regulations for the review of the
application, and
4 Cap. B-2.1 Beverage Containers Act
(iii) a plan for the recycling or refilling of the type of beverage
container for which the application is made; and
(b) provide to the Minister such other information and documents as
the Minister may require.
(3) A plan for the recycling or refilling of a type of beverage container
that is submitted by a distributor under subsection (2) shall include
(a) a list of beverage container depots that will accept the empty
beverage containers;
(b) a description of the means of retrieval of the empty beverage
containers from the beverage container depots;
(c) a list of the facilities to be used for refilling or recycling the
empty beverage containers;
(d) a description of the means to be used to deliver the 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, shape and capacity of the
beverage containers;
(g) a description of the size, shape and location of the markings to
be affixed to or form part of the 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 in the
event the distributor is for any reason unable to comply with the
plan;
(j) a statement indicating whether the beverage containers will or
will not contain liquor; and
(k) any other relevant information required by the Minister.
2008,c.1,s.4.
5. (1) Subject to subsection (2), a distributor may, by written agreement,
assign all or part of the distributor’s responsibilities under this Act and
the regulations to an agent acceptable to the Minister.
(2) A distributor shall not assign any of the distributor’s
responsibilities under this Act and the regulations with respect to the
collection and remission or payment of the deposits payable on
recyclable beverage containers that are sold or given away by the
registered distributor.
(3) A written agreement made under subsection (1) shall not take
effect sooner than the day that a copy of the agreement, as signed and
completed, has been received by the Minister.
(4) Where a distributor assigns all or part of the distributor’s
responsibilities to an agent by a written agreement made under
Beverage Containers Act Cap. B-2.1 5
subsection (1), the distributor is responsible under this Act and the
regulations for the agent’s violation of or failure to comply with the
provisions of this Act and the regulations that the agent has been
assigned responsibility for under the agreement. 2008,c.1,s.5.
6. (1) The Minister may, after reviewing an application by a distributor
for the approval of a type of beverage container, issue an approval to the
distributor for the type of beverage container if the Minister is satisfied
that
(a) the plan submitted under subsection 4(2) with the application
includes the information referred to in clauses 4(3)(a) to (k) and is
otherwise acceptable to the Minister; and
(b) the application has been made in accordance with the
requirements of this Act.
(2) Where the Minister issues an approval under subsection (1) for a
type of beverage container, the Minister shall
(a) issue the approval in writing;
(b) indicate in the approval that the type of beverage container is
approved, as the Minister considers appropriate,
(i) as a recyclable beverage container, or
(ii) as a refillable beverage container;
(c) cause a written notice of the approval, which includes the value
of the deposit payable for the beverage container, as determined by
section 11, to be provided to the distributor or, where applicable, to
the agent of the distributor; and
(d) cause such details of the approved type of beverage container, as
the Minister considers appropriate, to be posted on the Department’s
website.
(3) After reviewing an application, the Minister may, refuse to issue an
approval under subsection (1) and, where the Minister refuses to issue an
approval, the Minister shall provide a notice, in writing, of the refusal
and the reasons therefor to the applicant.
(4) The Minister may,
(a) on issuing an approval under subsection (1) or at any subsequent
time, impose any terms or conditions on the approval, including
conditions respecting
(i) the refilling or recycling of the type of beverage container for
which the approval was given, and
(ii) the minimum percentage of beverage containers of the type of
beverage container for which the approval was given that are to be
recycled or refilled; and
(b) at any time after imposing terms and conditions on an approval,
amend or revoke such terms and conditions.
6 Cap. B-2.1 Beverage Containers Act
(5) Where a distributor or, where applicable, the agent of the
distributor, has failed to comply with
(a) a term or condition imposed under subsection (4) on an approval
issued to the distributor in respect of a type of beverage container; or
(b) an approved plan pertaining to an approval issued to the
distributor in respect of a type of beverage container,
the Minister may, in accordance with the regulations, revoke the
approval. 2008,c.1,s.6.
7. (1) A distributor may apply to amend the plan submitted under
subsection 4(2) by submitting the amendments in writing to the Minister.
(2) After reviewing an application to amend a plan, the Minister may,
in writing, approve the amendments to the plan, and the amendments
shall form part of the approved plan as of the date the amendments are
approved by the Minister.
(3) The Minister shall cause a written notice of an approval of any
amendment made under subsection (2), together with a copy of the
approval, to be given to the distributor who applied for the approval.
(4) After reviewing an application to amend a plan made under
subsection (1), the Minister may, where the Minister considers it
appropriate to do so, refuse to amend the plan.
(5) Where the Minister refuses to amend a plan, the Minister shall
provide a notice, in writing, of the refusal and the reasons therefor to the
distributor who applied for the amendment. 2008,c.1,s.7.
8. (1) Within six months after the end of the 2008 calendar year, and
within six months after the end of every subsequent calendar year, the
Minister shall prepare a report for that calendar year reviewing
(a) the distributors’ compliance with their approved plans; and
(b) the refilling and recycling of beverage containers in the
province.
(2) The Minister shall
(a) lay the report before the Legislative Assembly within 15 days of
the completion of the report; or
(b) where the Legislative Assembly is not in session, lay the report
before the Legislative Assembly within 15 days of the
commencement of the next sitting of the Legislative Assembly.
2008,c.1,s.8.
Beverage Containers Act Cap. B-2.1 7
REGISTRATION OF DISTRIBUTORS
9. (1) No person shall sell, by wholesale or other means, a beverage in a
beverage container to a retailer in the province unless the person is
registered as a distributor under this Act.
(2) A person may apply to the Minister in writing on a form approved
by the Minister for registration as a distributor under this Act.
(3) The Minister may, in accordance with the regulations, register a
distributor who applies for registration.
(4) The Minister may, at the time of registering a distributor or at any
subsequent time, impose any term or condition on the registration of the
distributor that the Minister considers appropriate, including a condition
that requires the distributor to deliver a security to the Minister in an
amount and form, and subject to the terms, prescribed by regulations.
(5) The Minister may, at any time,
(a) amend, substitute or revoke any term or condition imposed on
the registration of a distributor under subsection (4); or
(b) impose additional terms or conditions on that registration,
including a condition described in subsection (4) respecting a
security.
(6) The Minister may revoke 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 imposed on the registration of the distributor.
(7) A distributor registered under this section shall provide the
Minister with records and reports as required by the Minister on a form
approved by the Minister.
(8) Where a security delivered under this section is forfeited, as
determined by the regulations, the Minister, after deducting the
Minister’s cost of administering the security, may distribute in
accordance with the regulations any money recovered from the forfeited
security.
(9) Where the Minister distributes, in accordance with the regulations,
the money recovered from a forfeited security to the persons entitled
thereto, the Minister is discharged of all responsibilities under this Act in
respect of the distribution of the money.
(10) The money recovered from a forfeited security is not subject to
the provisions of the Financial Administration Act R.S.P.E.I. 1988, Cap.
F-9.
8 Cap. B-2.1 Beverage Containers Act
(11) The Minister shall provide the Provincial Treasurer with
(a) a notice of the registration, or the revocation or suspension of the
registration, of a distributor under this section; and
(b) a copy of any records and reports provided to the Minister under
subsection (7).
(12) The Minister shall cause such details, as the Minister considers
appropriate, of the registration, or the revocation or suspension of the
registration, of a distributor under this section to be posted on the
Department’s website. 2008,c.1,s.9.
DEPOSITS
10. (1) Every person who purchases from a retailer or a distributor a
beverage in a recyclable or refillable beverage container shall pay to the
retailer or distributor, as the case may be, the deposit for the beverage
container required under section 11.
(2) Every registered distributor shall collect the deposits payable on
the recyclable and refillable beverage containers sold by the registered
distributor.
(3) Every registered distributor shall, under subsection (2), collect
deposits on recyclable beverage containers as an agent, and on behalf, of
the Provincial Treasurer.
(4) Every registered distributor shall, in accordance with the
regulations, remit to the Provincial Treasurer the deposits that are
payable for the recyclable beverage containers sold by the registered
distributor.
(5) Every registered distributor shall make such returns to the
Provincial Treasurer, and shall keep such records in such form and
containing such information, as may be prescribed by the regulations.
(6) Where a registered distributor gives away a beverage in a
recyclable beverage container to any person, the registered distributor
shall, in accordance with the regulations, pay to the Provincial Treasurer
the deposit that would have been payable by the consumer under this
section for the recyclable beverage container as if the person had
purchased the beverage in the recyclable beverage container from the
registered distributor or a retailer.
(7) The deposits remitted or paid to the Provincial Treasurer under
subsections (4) and (6) are the property of the Government and shall be
paid into the Operating Fund.
Beverage Containers Act Cap. B-2.1 9
(8) Where a registered distributor has paid to the Provincial Treasurer
an amount as a deposit on a recyclable beverage container that
(a) is not payable as such a deposit; or
(b) is in excess of the amount payable as such a deposit,
the Provincial Treasurer shall, in accordance with the regulations, repay
to the registered distributor, without interest, the amount wrongly paid or
the amount of the excess, as the case may be.
(9) Any deposit that is to be remitted or paid to the Provincial
Treasurer under subsections (4) and (6) shall bear interest at the
prescribed rate, not exceeding two per cent per month, from the day on
which that deposit should have been remitted or paid to the Provincial
Treasurer.
(10) For the purposes of subsections (4) and (6), “deposit” includes all
interest that is added to a deposit pursuant to subsection (9).
2008,c.1,s.10.
11. (1) The amount of the deposit payable under section 10 for
(a) a beverage container filled with liquor is,
(i) if the beverage container has a capacity of 500 millilitres or
less, the amount that, when added to any applicable federal sales
tax on the deposit, equals ten cents, and
(ii) if the beverage container has a capacity of more than 500
millilitres, the amount that, when added to any applicable federal
sales tax on the deposit, equals twenty cents; and
(b) a beverage container filled with a beverage, other than liquor, is
the amount that, when added to any applicable federal sales tax on
the deposit, equals ten cents.
(2) Notwithstanding subsection (1), during the period between May 3,
2008 and July 31, 2008, the amount of the deposit payable under section
10 for a refillable beverage container filled with a soft drink is
(a) 20 cents, if the refillable beverage container has a capacity of 500
millilitres or less; and
(b) 40 cents, if the refillable beverage container has a capacity of
more than 500 millilitres.
(3) Notwithstanding subsection (1), the amount of the deposit payable
under section 10 for a refillable beverage container filled with beer is
$1.20 for each dozen containers. 2008,c.1,s.11.
REQUIRED MARKINGS AND INFORMATION
12. (1) No distributor shall sell a beverage in a beverage container that
does not
10 Cap. B-2.1 Beverage Containers Act
(a) have markings that identify the distributor of the beverage
container or the person who filled the beverage container; and
(b) have stamped or printed on the beverage container such other
information as may be prescribed by the regulations.
(2) No retailer shall sell a beverage in a beverage container that does
not
(a) have markings that identify the distributor of the beverage
container or the person who filled the beverage container; and
(b) have stamped or printed on the beverage container such other
information as may be prescribed by the regulations. 2008,c.1,s.12.
LICENSES TO OPERATE BEVERAGE CONTAINER DEPOTS
13. (1) No person shall operate a beverage container depot unless the
person is operating it under the authority of a license.
(2) A person who wishes to apply for a license, or for an amendment
to a license, shall, in accordance with the regulations, apply to the
Minister for the license or amendment and pay such fee, if any, as is
prescribed.
(3) The Minister may, in accordance with the regulations,
(a) issue or amend a license on receipt of, and after reviewing, an
application made in accordance with subsection (2); and
(b) at any time, impose any terms or conditions that the Minister
considers appropriate on a license.
(4) The Minister may, in accordance with the regulations at any time
amend, substitute or repeal the terms and conditions imposed on a
license.
(5) Every person who holds a license shall comply with all terms and
conditions imposed on that license.
(6) After reviewing an application made in accordance with subsection
(2), the Minister may, in accordance with the regulations, refuse to issue
or amend a license.
(7) Where the Minister refuses to issue or amend a license, the
Minister shall provide a notice, in writing, of the refusal and the reasons
therefor to the applicant.
(8) A license expires on December 31 of the year in which it is issued,
unless sooner revoked under this Act and the regulations.
(9) The Minister shall, on issuing a license under this section, specify
on the license the address of the location in the province, as the Minister
Beverage Containers Act Cap. B-2.1 11
considers appropriate, at which the license holder is authorized under the
license to operate a beverage container depot.
(10) A license shall authorize the holder thereof to operate a beverage
container depot at only one location in the province.
(11) No license holder shall operate a beverage container depot at a
location other than the one specified on the license of the license holder.
(12) The Minister, when deciding whether or not to issue a license to
authorize the operation of a beverage container depot at a specific
location requested in an application, may take into consideration
(a) the public interest in authorizing the operation of that beverage
container depot at that location, having regard to
(i) the need for a beverage container depot to operate in the area
of the province where that location is situated,
(ii) the proximity of that location to locations at which other
beverage container depots are operating, and
(iii) the impact of the operation of the beverage container depot at
that location on the beverage container depot system as a whole;
and
(b) the length of time, if any, that the applicant has operated a
beverage container depot at that location and the resulting economic
impact on the applicant of a refusal to authorize the operation of the
beverage container depot at that location.
(13) A license is not transferable.
(14) Every license holder shall, at all times, display the license or a
copy of the license in a conspicuous place in the business office of the
license holder at the location to which the license applies.
(15) Every license holder shall provide the Minister with records and
reports concerning the operation of the beverage container depot operated
under the license, as required by the Minister and in the form approved
by the Minister.
(16) Every license holder shall notify the Minister in writing of any
change in the circumstances of the license holder that relates to any
information the license holder set out in
(a) the application for the issuance of the license; and
(b) any subsequent application for the amendment of the license.
(17) The Minister may suspend or revoke a license if in the opinion of
the Minister, the license holder, or an agent of the license holder, has
violated or failed to comply with any provision of this Act or the
regulations. 2008,c.1,s.13.
12 Cap. B-2.1 Beverage Containers Act
RETURN OF EMPTY BEVERAGE CONTAINERS
14. (1) Subject to this section, a person may return an empty beverage
container of a type approved under this Act to a beverage container depot
for a refund.
(2) Subject to this section, an operator of a beverage container depot
shall accept for a refund all empty beverage containers of a type
approved under this Act that are delivered by a person to the beverage
container depot.
(3) An operator of a beverage container depot is not required to accept
for a refund, and a person may not return for a refund to a beverage
container depot,
(a) an empty beverage container that is broken;
(b) an empty refillable beverage container that is not capable of
being cleaned by normal washing;
(c) an empty beverage container of a type of beverage container that
is not approved under section 6; or
(d) an empty beverage container that does not have markings
(i) that identify the distributor of the beverage container or the
person who filled the beverage container, and
(ii) that are in a readable form or that are readable by a bar code
scanner or reader.
(4) No operator of a beverage container depot shall accept for a refund
an empty beverage container if the operator knows, or ought to know,
that the deposit for the beverage container has not been paid as required
by this Act and the regulations.
(5) No person shall return for a refund to a beverage container depot an
empty beverage container if the person knows, or ought to know, that the
deposit for the beverage container has not been paid as required by this
Act and the regulations.
(6) No person who collects and processes recyclable materials in the
province under a contract with Island Waste Management Corporation
shall return, or cause or permit an employee or agent to return, an empty
beverage container collected by the person under the contract to a
beverage container depot for a refund.
(7) An operator of a beverage container depot shall not accept for a
refund an empty beverage container from a person, or employee or agent
of a person, who collects and processes recyclable materials in the
province under a contract with Island Waste Management Corporation, if
the operator knows, or ought to know, that the empty beverage container
was collected by the person under the contract. 2008,c.1,s.14.
Beverage Containers Act Cap. B-2.1 13
15. Every retailer shall prominently display at any place of business
where the retailer sells a beverage in a beverage container, a notice,
acceptable to the Minister, which
(a) indicates that empty beverage containers of a type approved
under this Act may be returned to any beverage container depot;
and
(b) advises of the location of the nearest beverage container
depot. 2008,c.1,s.15.
16. Every operator of a beverage container depot shall display
prominently at the location where the depot is operated a notice
acceptable to the Minister advising the public of the daily period of time
when empty beverage containers will be accepted. 2008,c.1,s.16.
REFUNDS FOR AND COLLECTION OF EMPTY CONTAINERS
17. (1) An operator of a beverage container depot who, under section 14,
accepts for a refund an empty beverage container shall immediately pay
in cash to a person who delivers the beverage container to the beverage
container depot the amount of the refund determined under this section.
(2) The amount of the refund payable under subsection (1)
(a) for an empty refillable beverage container that was, according to
its markings, filled with liquor is
(i) 10 cents, if the beverage container has a capacity of 500
millilitres or less, and
(ii) 20 cents, if the beverage container has a capacity of more
than 500 millilitres;
(b) for an empty refillable beverage container that was, according to
its markings, filled with a beverage other than liquor is 10 cents;
(c) for an empty recyclable beverage container that was, according
to its markings, filled with liquor is
(i) 5 cents, if the beverage container has a capacity of 500
millilitres or less, and
(ii) 10 cents, if the beverage container has a capacity of more
than 500 millilitres; and
(d) for an empty recyclable beverage container that was, according
to its markings, filled with a beverage other than liquor is 5 cents.
(3) Notwithstanding subsection (2), during the period between May 3,
2008 and July 31, 2008, the amount of the refund payable under
subsection (1) for an empty refillable beverage container that was,
according to its markings, filled with a soft drink is
(a) 15 cents, if the refillable beverage container has a capacity of 500
millilitres or less; and
14 Cap. B-2.1 Beverage Containers Act
(b) 30 cents, if the refillable beverage container has a capacity of
more than 500 millilitres.
(4) Notwithstanding subsection (2), the amount of the refund payable
under subsection (1) for an empty refillable beverage container that was,
according to its markings, filled with beer is
(a) $1.20 for each dozen beverage containers packed in a beer carton
that has the flaps either removed or turned in; and
(b) 7 cents for each beverage container that is not packed in
accordance with clause (a). 2008,c.1,s.17.
18. (1) Subject to subsection (2), a registered distributor or, where
applicable, an agent of the registered distributor shall, within a period of
time prescribed by the regulations and following a request by a license
holder, or an agent of a license holder, collect from the beverage
container depot operated by the license holder any empty refillable
beverage containers sold by that registered distributor.
(2) A registered distributor or, where applicable, an agent of the
registered distributor is not required to collect empty refillable beverage
containers under subsection (1) unless the license holder, or an agent of
the license holder, has possession of empty refillable beverage containers
sold by that registered distributor in an amount in excess of the minimum
amount prescribed by the regulations.
(3) For greater certainty, a registered distributor or, where applicable,
an agent of the registered distributor is not required to collect empty
refillable beverage containers from any person other than a license holder
or an agent of a license holder.
(4) Within a period of time prescribed by the regulations, the
registered distributor or, where applicable, an agent of the registered
distributor shall pay to a license holder, for each empty refillable
beverage container collected from the beverage container depot operated
by the license holder, the refund payable under section 17 for that
container by the operator of the beverage container depot.
(5) Nothing in subsection (4) prohibits a registered distributor or,
where applicable, an agent of the registered distributor from paying a
license holder more than the amount required to be paid under subsection
(4) for each empty refillable beverage container collected from the
license holder, or an agent of the license holder, by the registered
distributor.
(6) Notwithstanding anything else in this Act, a registered distributor
or, where applicable, an agent of the registered distributor is not required
to accept or collect
Beverage Containers Act Cap. B-2.1 15
(a) an empty refillable beverage container that is broken;
(b) an empty refillable beverage container that is not capable of
being cleaned by normal washing;
(c) an empty refillable beverage container of a type of beverage
container that is not approved under section 6; or
(d) an empty refillable beverage container that does not have
markings
(i) that identify the distributor of the beverage container or the
person who filled the beverage container, and
(ii) that are in a readable form or are readable by a bar code
scanner or reader. 2008,c.1,s.18.
19. (1) The Minister may appoint any person with whom the Minister
has entered into a contract under subsection (2) as the beverage container
collector for the purposes of this Act and the regulations.
(2) The Minister may enter into a contract with any person to act as
the beverage container collector under this Act and the regulations.
2008,c.1,s.19.
20. (1) Subject to subsection (2), the beverage container collector shall,
within a period of time prescribed by the regulations and following a
request by a license holder, or an agent of a license holder, collect the
empty recyclable beverage containers from the license holder’s beverage
container depot.
(2) The beverage container collector is not required to collect empty
recyclable beverage containers under subsection (1) unless the license
holder, or the agent of the license holder, has possession of empty
recyclable beverage containers in an amount in excess of the minimum
amount prescribed by the regulations.
(3) For greater certainty, the beverage container collector is not
required to collect empty recyclable beverage containers from any person
other than a license holder or an agent of a license holder.
(4) Notwithstanding anything else in this Act, the beverage container
collector is not required to accept or collect
(a) an empty recyclable beverage container that is broken;
(b) an empty recyclable beverage container of a type of beverage
container that is not approved under section 6; or
(c) an empty recyclable beverage container that does not have
markings
(i) that identify the distributor of the beverage container or the
person who filled the beverage container, and
(ii) that are in a readable form or are readable by a bar code
scanner or reader.
16 Cap. B-2.1 Beverage Containers Act
(5) After collecting empty recyclable beverage containers from a
license holder, the beverage container collector shall
(a) complete a collection report in a form approved by the Minister
that indicates
(i) the name of the license holder,
(ii) the number of empty recyclable beverage containers collected
that were, according to their markings, filled with liquor, and that
have a capacity of 500 millilitres or less,
(iii) the number of empty recyclable beverage containers
collected that were, according to their markings, filled with liquor
and that have a capacity of more than 500 millilitres, and
(iv) the number of empty recyclable beverage containers
collected that were, according to their markings, filled with a
beverage other than liquor;
(b) provide a copy of the collection report to the license holder, or to
the operator of the beverage container depot, for signature;
(c) retain a copy of the signed collection report; and
(d) submit a copy of the collection report, by electronic or other
means, to the Minister on behalf of the license holder. 2008,c.1,s.20.
21. After receipt of a collection report submitted under subsection
20(5), the Minister shall pay to the license holder named in a collection
report, for each empty recyclable beverage container that the collection
report indicates was collected from the license holder’s beverage
container depot, an amount equal to the sum of
(a) the refund payable under section 17 by the operator of the
beverage container depot for the empty recyclable beverage
container; and
(b) the handling fee prescribed by the regulations for the acceptance
and storage by the license holder of the empty recyclable beverage
container. 2008,c.1,s.21.
INSPECTION
22. (1) The Minister may appoint an employee of the Department as an
inspector for the purposes of this Act.
(2) An inspector may, without a warrant, during normal business hours
or at any other reasonable time and upon presentation of identification
provided by the Minister, for the purpose of administering this Act
(a) enter any premises, place or vehicle used for the storing,
cleaning, handling, sorting, transporting, crushing, selling, refilling
or recycling of beverage containers;
(b) inspect any premises, place, vehicle or equipment used in the
storing, cleaning, handling, sorting, transporting, crushing, selling,
refilling or recycling of beverage containers; and
Beverage Containers Act Cap. B-2.1 17
(c) inspect any books, accounts, reports or records kept at or in any
premises, place or vehicle, relating to the storing, cleaning, handling,
sorting, transporting, crushing, selling, refilling or recycling of
beverage containers.
(3) The owner or person in charge of any premises, place or vehicle
and every person found there shall give all reasonable assistance to an
inspector to enable the inspector to carry out the inspector’s duties under
this Act and the regulations.
(4) The owner or person in charge of any premises, place or vehicle
and every person found therein shall answer all questions put to him or
her by an inspector relating to any of the matters concerning which
authority to enter is given in this section and shall produce for inspection
such records, documents and other things as are required by the
inspector.
(5) If, during the course of an inspection pursuant to subsection (2), it
appears to the inspector conducting the inspection that there has been a
contravention of this Act or the regulations, the inspector may seize and
take away any of the books of account, records, other documents or other
things and retain them until they are produced in any court proceeding
and may make a copy thereof.
(6) A copy of any book of account, record or document purporting to
be signed and certified by an inspector is admissible in evidence in any
prosecution or proceeding in any court as prima facie proof of the
original book of account, record or document and its contents without
proof of the signature, appointment or authority of the person purporting
to have signed it. 2008,c.1,s.22.
AUDITS OF REGISTERED DISTRIBUTORS AND ASSESSMENTS
OF DEPOSITS
23. (1) The Provincial Treasurer may appoint employees of the
Provincial Treasury as auditors for the purposes of this Act.
(2) In this section and section 24, “deposit” means a deposit that is
required under this Act to be paid, collected and remitted for a recyclable
beverage container.
(3) An auditor may, without a warrant, during normal business hours or
at any other reasonable time and upon presentation of identification
provided by the Provincial Treasurer, enter any premises, place or
vehicle where a registered distributor carries on business, or where a
registered distributor keeps records with respect to transactions that may
18 Cap. B-2.1 Beverage Containers Act
give rise to deposits that are required to be collected, paid or remitted
under this Act,
(a) to audit, inspect or examine any account, record, paper,
document, invoice, record keeping device, voucher, letter, electronic
mail, goods or property or any other document or thing that is related
or may relate in any way to such deposits that may be required to be
collected, paid or remitted under this Act;
(b) to determine whether such deposits have been or are being paid,
collected or remitted by any registered distributor;
(c) to determine the amount of such deposits that have been paid,
collected or remitted, or that may be payable, by any registered
distributor;
(d) to ascertain the quantities of beverages in recyclable beverage
containers on hand or sold by a registered distributor; or
(e) to make such inquiries and examinations and to conduct such
searches of the premises, place or vehicle as the auditor may
consider necessary in relation to such deposits.
(4) The auditor may, on entering any premises, place or vehicle under
subsection (3), require the owner or person in charge of the premises,
place or vehicle or any other person on the premises or place or in the
vehicle to give the auditor all reasonable assistance with the audit or
examination and to answer all proper questions relating to the audit or
examination either orally or, if the auditor so requests, on oath or by
statutory declaration, and for that purpose to require the owner or
manager to attend at the premises, place or vehicle with the auditor.
(5) The registered distributor and each of his or her officers, employees
and agents shall answer all questions put to him or her by an auditor
relating to any of the matters concerning which authority to enter is given
in this section and shall produce for inspection such records, documents
and other things as are required by the auditor.
(6) A registered distributor who does not keep or maintain in the
province all books of account, records, record-keeping devices, papers or
any other documents required for the purpose of audit, inspection, or
examination, is liable for the expenses necessarily incurred by an auditor
to examine the books of account, records and documents at the place
where they are kept or maintained.
(7) If, during the course of an audit or inspection pursuant to
subsection (3), it appears to the auditor conducting the audit or inspection
that there has been a contravention of this Act or the regulations, the
auditor may seize and take away any of the books of account, records and
other documents and retain them until they are produced in any court
proceeding and may make a copy thereof.
Beverage Containers Act Cap. B-2.1 19
(8) A copy of any book of account, record or document purporting to
be signed and certified by an auditor is admissible in evidence in any
prosecution or proceeding in any court as prima facie proof of the
original book of account, records or document and its contents without
proof of the signature, appointment or authority of the person purporting
to have signed it. 2008,c.1,s.23.
24. (1) The Provincial Treasurer may, from time to time and at such
intervals as the Provincial Treasurer may consider reasonable, assess any
deposits required to be remitted or paid to the Provincial Treasurer under
this Act by any registered distributor and thereupon the deposits so
assessed become due and payable to the Provincial Treasurer by the
registered distributor.
(2) Where a registered distributor fails
(a) to pay or remit deposits to the Provincial Treasurer as required
by this Act and the regulations; or
(b) to substantiate a payment to the Provincial Treasurer of any
deposit by means of the records kept by the registered distributor,
the Provincial Treasurer may estimate the amount of the unpaid deposits
and such estimated amount shall thereupon be deemed to be the amount
of the deposits due and payable by the registered distributor.
(3) The Provincial Treasurer shall serve personally or send by
registered mail to the registered distributor at the last known address of
the registered distributor a notice of assessment setting out the amount
assessed under subsection (1) or estimated under subsection (2), and in
the case of a registered distributor having more than one address, one of
which is within the province, the notice of assessment may be sent to the
address in the province.
(4) The registered distributor’s liability to an assessment under
subsection (1) or an estimate under subsection (2) is not affected by an
incorrect or incomplete assessment or estimate, or by the fact that no
assessment or estimate has previously been made.
(5) Any assessment or estimate made under this section is, subject to
being varied or vacated on objection under section 25 and subject to a
further assessment or estimate made under this section, valid and binding
notwithstanding any error, defect, or omission therein or any proceeding
under this Act.
(6) An affidavit or statutory declaration by a person serving or mailing
a notice pursuant to subsection (3) stating that the person has mailed or
served the notice is proof that the amount stated in the notice is due and
owing and the onus of proving otherwise rests on the registered
distributor. 2008,c.1,s.24.
20 Cap. B-2.1 Beverage Containers Act
25. (1) Where a registered distributor considers that the registered
distributor is not liable to pay or remit the amount of the deposits
assessed against the registered distributor under section 24, the registered
distributor may, within 60 days of the date of the service or mailing of
the notice of assessment, serve on the Provincial Treasurer an objection
setting out the reasons for the objection and all relevant facts.
(2) The Provincial Treasurer shall, within 60 days of receipt of the
notice of objection from a registered distributor, reconsider the
assessment or estimate and vacate, confirm or vary it, and the Provincial
Treasurer shall thereupon send, by registered mail, a notice to the
registered distributor of the decision of the Provincial Treasurer.
2008,c.1,s.25.
STOP SALE ORDERS
26. (1) Subject to subsection (2), where the Minister determines that
(a) a registered distributor or, where applicable, the agent of the
distributor has failed to comply with subsection 18(1) or (4); or
(b) a registered distributor has failed to comply with subsection
10(2), (4), (5) or (6),
the Minister may issue a stop sale order prohibiting, to the extent stated
in the order, the registered distributor from selling in the province any
beverage in any beverage container for a period of not more than 90
days.
(2) Where the Minister has issued a stop sale order to a registered
distributor under subsection (1), the registered distributor or, where
applicable, the agent of the registered distributor shall not, during the
period specified in the stop sale order, contravene the stop sale order.
2008,c.1,s.26.
27. (1) No person to whom a stop sale order under section 26 is
directed is required to comply with the order until the order has been
served on the person.
(2) Any stop sale order issued under section 26 is deemed to be
sufficiently served
(a) upon a copy being personally served on the person to whom it is
directed;
(b) upon a copy being sent by facsimile or by other electronic means
to the person to whom it is directed and an acknowledgement of
receipt being received; or
(c) five days after a copy is sent by mail addressed to the person to
whom it is directed at the last known address for that person.
Beverage Containers Act Cap. B-2.1 21
(3) Where the person to be served is a corporation, service on a
director, officer or recognized agent of the corporation in accordance
with subsection (2) is deemed to be service on the corporation for the
purposes of this Act.
(4) Where it is impractical for any reason to serve a stop sale order in
a manner referred to in subsection (2), an ex parte application may be
made to a judge of the Supreme Court who may make an order for
substituted service providing for such steps to be taken to bring the
matter to the attention of the person to be served.
(5) Any stop sale order issued pursuant to this Act or the regulations
shall be prima facie proof in proceedings in any court not only that the
order was legally made, but also that every administrative prerequisite
necessary to enable the making of the order was done and satisfied, and
no further proof other than the mere production of the original order or a
copy thereof certified by the Minister or his authorized representative, is
necessary. 2008,c.1,s.27.
GENERAL
28. No person shall knowingly give false or misleading information in
any application, report, statement, form or return made or provided to the
Minister or to the Provincial Treasurer under this Act or the regulations.
2008,c.1,s.28.
29. (1) No person shall obstruct or attempt to obstruct an inspector or an
auditor acting under this Act or the regulations.
(2) No person shall knowingly give false or misleading information,
either orally or in writing, to an inspector or to an auditor acting under
this Act or the regulations. 2008,c.1,s.29.
30. The Minister, Provincial Treasurer, inspectors, auditors, and any
other public officers or employees of the Government acting under the
authority of this Act or the regulations are not personally liable for any
loss or damage suffered by any person by reason of anything in good
faith done or omitted to be done in the purported exercise of any powers
or duties given by this Act or the regulations. 2008,c.1,s.30.
31. (1) Except for the purposes of the administration and enforcement of
this Act or where this Act indicates otherwise, all information, and all
statements and documents, obtained under this Act or the regulations by
the Minister, an inspector, the Provincial Treasurer or an auditor or any
other person acting under the authority of this Act or the regulations are
confidential.
22 Cap. B-2.1 Beverage Containers Act
(2) Except for the purposes of the administration and enforcement of
this Act or where this Act indicates otherwise, no person employed by
the Government shall communicate or allow to be communicated to any
person any information obtained under this Act or the regulations, or
allow any person to inspect or have access to any written statement
furnished under this Act. 2008,c.1,s.31.
32. (1) Every natural person who contravenes or violates any provision
of this Act or the regulations is guilty of an offence and is liable on
summary conviction to a fine of not less than $200 and not more than
$1,000, or to imprisonment for 90 days, or to both.
(2) Notwithstanding subsection (1), every natural person who
contravenes or violates subsection 12(2) or section 15 of this Act is guilty
of an offence and is liable on summary conviction to a fine of not less
than $500 and not more than $2,000, or to imprisonment for 90 days, or
to both.
(3) Notwithstanding subsections (1) and (2), every natural person who
contravenes or violates
(a) subsection 4(1);
(b) subsection 9(1);
(c) subsection 10(2), (4), (5) or (6);
(d) subsection 12(1);
(e) subsection 18(1) or (4); or
(f) subsection 26(2),
is guilty of an offence and is liable on summary conviction to a fine of
not less than $1,000 and not more than $10,000, or to imprisonment for
90 days, or to both.
(4) Every corporation that contravenes or violates any provision of this
Act or the regulations is guilty of an offence and is liable on summary
conviction to a fine of not less than $1,000 and not more than $2,000.
(5) Notwithstanding subsection (4), every corporation that contravenes
or violates subsection 12(2) or section 15 of this Act is guilty of an
offence and is liable on summary conviction to a fine of not less than
$1,000 and not more than $4,000.
(6) Notwithstanding subsection (4), every corporation which
contravenes or violates
(a) subsection 4(1);
(b) subsection 9(1);
(c) subsection 10(2), (4), (5) or (6);
(d) subsection 12(1);
(e) subsection 18(1) or (4); or
(f) subsection 26(2),
Beverage Containers Act Cap. B-2.1 23
is guilty of an offence and is liable on summary conviction to a fine of
not less than $2,000 or more than $20,000.
(7) Every officer, director or agent of a corporation who directs,
authorizes, assents to, acquiesces in, or participates in, the commission of
an offence by that corporation under subsection (4), (5) or (6) is guilty of
the offence and is liable on summary conviction,
(a) in respect of the commission of an offence by the corporation
under subsection (4), to any penalty set out in subsection (1);
(b) in respect of the commission of an offence by the corporation
under subsection (5), to any penalty set out in subsection (2); and
(c) in respect of the commission of an offence by the corporation
under subsection (6), to any penalty set out in subsection (3).
(8) Subsection (7) applies whether or not the corporation has been
prosecuted or convicted of the offence.
(9) Where a contravention or violation of any provision of this Act or
the regulations continues for more than one day, the offender is guilty of
a separate offence for each day that the contravention or violation
continues.
(10) Proceedings with respect to an offence under this Act or the
regulations may be instituted at any time within two years after the time
when the subject matter of the proceedings arose.
(11) For the purposes of subsections (4), (5) and (6), Her Majesty in
right of the province or in right of Canada is deemed to be a corporation.
(12) In any prosecution for a violation or contravention of a provision
of this Act or the regulations, any document purporting to be signed by
the Minister or the Provincial Treasurer 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. 2008,c.1,s.32.
33. The Lieutenant Governor in Council may make regulations
(a) excluding specific liquids or classes of liquids from the
definition “beverage” in clause 1(1)(d);
(b) excluding containers or classes of containers from the definition
“beverage container” in clause 1(1)(e);
(c) respecting the fees that are payable under this Act and the
regulations;
(d) respecting the approval and revocation of approval of types of
beverage containers;
(e) respecting the registration of distributors and the revocation and
suspension of the registration of distributors;
24 Cap. B-2.1 Beverage Containers Act
(f) respecting the security to be delivered by a distributor to the
Minister as a term or condition of registration under section 9;
(g) respecting the determination as to when the security provided by
a distributor as a term or condition of registration is forfeited and the
distribution of any money recovered on the forfeiture of the security;
(h) respecting the
(i) remittance by registered distributors under subsection 10(4) of
the deposits that are payable on recyclable beverage containers
sold by registered distributors, and
(ii) the payment by registered distributors under subsection 10(6)
of the deposits that are payable on recyclable beverage containers
given away by registered distributors;
(i) respecting the returns registered distributors are required to
make, and the records and information registered distributors are
required to keep, for the purposes of subsection 10(5);
(j) respecting the refund under subsection 10(8) of amounts paid
wrongly or in excess of the amounts due as deposits on recyclable
beverage containers;
(k) prescribing the rate of interest payable under subsection 10(9) on
overdue deposits;
(l) prescribing the information required to be stamped or printed on
a beverage container for the purposes of subsection 12(1);
(m) respecting applications for the issuance and amendment of
licenses;
(n) respecting the issuance and amendment of licenses, including
regulations setting out requirements pertaining to
(i) the applicant, and
(ii) the location, lot size, building size and structure, parking
areas, storage areas and public accessibility of the beverage
container depot to be operated under the license;
(o) respecting the grounds for, and procedure governing, the refusal
to issue and amend licenses;
(p) respecting the suspension or revocation of licenses;
(q) respecting the terms and conditions that are imposed on licenses;
(r) respecting the operation and maintenance of beverage container
depots;
(s) prescribing the time within which a registered distributor shall
collect empty refillable beverage containers from a beverage
container depot under subsection 18(1);
(t) prescribing the amounts of empty refillable beverage containers
for the purpose of subsection 18(2);
(u) prescribing the period of time within which a registered
distributor is required under subsection 18(4) to pay a refund to a
license holder for the empty refillable beverage containers collected
from the beverage container depot operated by the license holder;
Beverage Containers Act Cap. B-2.1 25
(v) respecting the powers and duties of the beverage container
collector and inspectors and auditors;
(w) prescribing the time within which the beverage container
collector shall collect empty recyclable beverage containers from a
beverage container depot under subsection 20(1);
(x) prescribing the amounts of empty recyclable beverage containers
for the purpose of subsection 20(2);
(y) prescribing the handling fee payable under section 21 for the
acceptance and storage by a license holder of an empty recyclable
beverage container;
(z) prescribing the period for which an assessment may be made
under this Act;
(aa) authorizing a designated officer or designated employee of the
Provincial Treasury to exercise any powers or perform any duties of
the Provincial Treasurer under this Act or the regulations;
(bb) prohibiting the sale by registered distributors of beverages in
beverage containers connected by plastic rings or other connecting
devices that are not biodegradable or photodegradable;
(cc) respecting forms and documents to be used for the purposes of
this Act or the regulations;
(dd) defining any word or expression used in this Act and not
defined herein;
(ee) respecting any other matter or thing that the Lieutenant
Governor in Council considers necessary or advisable to carry out
effectively the intent and purposes of this Act. 2008,c.1,s.33.
TRANSITIONAL
34. Every person who,
(a) immediately before the day this section comes into force, holds a
license to operate a recycling plant under the Environmental
Protection Act Waste Resource Management Regulations; and
(b) for the fiscal year ending March 31, 2007, has submitted to the
Department, in accordance with section 66 of the Environmental
Protection Act Waste Resource Management Regulations and before
the day this section comes into force, a written report that indicates
that the recycling plant accepted beverage containers for a refund
during that fiscal year,
is deemed to hold a license issued under section 13 of this Act until
December 31, 2008, unless the license is sooner revoked under this Act
and the regulations. 2008,c.1,s.34.
Persons deemed to
hold licenses
26 Cap. B-2.1 Beverage Containers Act
REPEAL OF PROVISIONS OF THIS ACT
35. (1) Not proclaimed.
(2) Not proclaimed. 2008,c.1,s.35
The following text was found at http://www.gov.pe.ca/law/regulations/pdf/B&02_1G.pdf
CHAPTER B-2.1
Beverage Containers Act
GENERAL REGULATIONS
Pursuant to section 33 of the Beverage Containers Act R.S.P.E.I. 1988,
Cap. B-2.1, Council made the following regulations:
INTERPRETATION AND APPLICATION
1. In these regulations, “Act” means the Beverage Containers Act
R.S.P.E.I. 1988, Cap. B-2.1. (EC274/08)
2. The following liquids are excluded from the definition of “beverage”
in clause 1(1)(d) the Act:
(a) milk, including chocolate milk and milk products;
(b) milk substitutes, including soya milk and rice milk;
(c) concentrated drinks. (EC274/08)
REVOCATION OF APPROVALS
3. (1) Where the Minister revokes an approval of a type of beverage
container under subsection 6(5) of the Act the Minister shall
(a) cause a written notice of the revocation, which includes the
reasons therefore, to be provided to the distributor or, where
applicable, to the agent of the distributor; and
(b) cause details of the approved type of beverage container to be
removed from the Department’s website.
(2) The revocation of an approval of a type of beverage container under
subsection 6(5) of the Act does not take effect until the revocation has
been served in accordance with these regulations on the distributor to
whom the approval was issued. (EC274/08)
REGISTRATION OF DISTRIBUTORS
4. (1) The Minister may, on receipt of an application from a distributor
for registration, register the distributor under subsection 9(3) of the Act if
(a) the application has been made in accordance with the
requirements of subsection 9(2); and
(b) the distributor is registered as a distributor under the Beverage
Containers Act, S.N.B. 1991, c. B-2.2 of the Province of New
Brunswick.
2 Cap. B-2.1 Beverage Containers Act Updated 2008
General Regulations
(2) On registering a distributor, the Minister shall give notice of the
registration, in writing, to the distributor and shall include in the notice a
copy of any term or condition that the Minister has imposed on the
registration under subsection 9(4) of the Act.
(3) Where, at any time subsequent to the registration of a distributor,
the Minister,
(a) under subsection 9(4) of the Act, imposes a term or condition on
the registration of a distributor; or
(b) under subsection 9(5) of the Act,
(i) amends, substitutes or revokes any term or condition imposed
on the registration of a distributor; or
(ii) imposes additional terms and conditions on the registration of
a distributor,
the Minister shall give notice, in writing, of the imposition of the term or
condition, or of the amendment, substitution or revocation of any term or
condition, as the case may be, to the distributor and shall include in the
notice a copy of any term or condition that has been imposed, amended
or substituted by the Minister.
(4) The imposition of a term or condition, or the amendment,
substitution or revocation of a term or condition, under subsection 9(4) or
(5) of the Act, on the registration of a distributor does not take effect until
the notice required by subsection (3) has been served in accordance with
these regulations on the distributor.
(5) Where the Minister revokes or suspends the registration of a
distributor under subsection 9(6) of the Act, the Minister shall give
notice, in writing, of the revocation or suspension, as the case may be,
and the reasons therefor to the distributor.
(6) The revocation or suspension of the registration of a distributor
under subsection 9(6) of the Act does not take effect until the notice
required by subsection (5) has been served in accordance with these
regulations on the distributor. (EC274/08)
5. (1) Where
(a) a distributor sells or intends to sell refillable beverage containers
while registered; and
(b) the Minister, under subsection 9(4) or (5) of the Act, imposes a
condition on the registration of a distributor that the distributor
deliver a security to the Minister in respect of the sale of such
refillable beverage containers,
the security shall have a face value of,
Updated 2008 Beverage Containers Act Cap. B-2.1 3
General Regulations
(c) if the distributor’s empty refillable beverage containers are
collected by an agent and the agent delivers the security on behalf of
that distributor under subsections 6(1) and (2), $250,000; or
(d) if the distributor’s empty refillable beverage containers are not
collected by an agent, $20,000.
(2) Where
(a) a distributor sells or intends to sell recyclable beverage
containers while registered; and
(b) the Minister, under subsection 9(4) or (5) of the Act, imposes a
condition on the registration of a distributor that the distributor
deliver a security to the Minister in respect of the sale of such
recyclable beverage containers,
the security shall have a face value of
(c) if the distributor’s empty recyclable beverage containers are
collected by an agent and the agent delivers the security on behalf of
that distributor under subsections 6(1) and (2), $250,000; or
(d) if the distributor’s empty recyclable beverage containers are not
collected by an agent, $20,000.
(3) A security referred to in subsection (1) or (2) shall be in the form of
(a) a deposit of money;
(b) a certified cheque made payable to the Provincial Treasurer;
(c) a negotiable bond signed over to the Provincial Treasurer; or
(d) an irrevocable documentary credit or letter of credit from a bank
or other lending institution acceptable to the Minister that is
negotiable only by the Minister.
(4) A security described in clause (3)(d) shall be for a term of not less
than one year.
(5) The depositor of a security shall maintain the security, or renew the
security as may be necessary, until the Minister determines that it is no
longer required.
(6) A renewal of a security shall be delivered to the Minister not less
than twenty-one days before the lapse, expiration or cancellation date of
a security delivered under these regulations.
(7) A security or a renewal of a security shall be deemed to be
delivered to the Minister when the Minister has notified the depositor
that the security is in accordance with these regulations and is acceptable
to the Minister.
(8) The Minister shall return a security to the depositor when the
Minister determines that the security is no longer required. (EC274/08)
4 Cap. B-2.1 Beverage Containers Act Updated 2008
General Regulations
6. (1) A natural person, partnership or corporation that is a distributor or
a corporation that is an agent of two or more distributors may deliver the
security required by the Minister under subsection 9(4) or (5) of the Act.
(2) The security delivered for two or more distributors, who sell or will
be selling refillable beverage containers while registered, by a
corporation that is an agent of the distributors shall be in the amount
required under clause 5(1)(c) and the delivery of that amount shall fulfil
the requirement for delivery of the security under that clause for all
distributors of which the corporation is an agent.
(3) The security delivered for two or more distributors, who sell or will
be selling recyclable beverage containers while registered, by a
corporation that is an agent of the distributors shall be in the amount
required under clause 5(2)(c) and the delivery of that amount shall fulfil
the requirement for delivery of the security under that clause for all
distributors of which the corporation is an agent.
(4) A corporation that is an agent of two or more distributors and that
delivers the security on their behalf shall provide the Minister with an upto-
date list of the names of all distributors of which the corporation is an
agent and with any other information reasonably requested by the
Minister regarding those distributors and shall give the Minister written
notice of any change to the list and the date of the change not less than
thirty days before the change takes place.
(5) The security delivered by a corporation that is an agent for two or
more distributors shall continue to apply to a distributor whose name is to
be removed from the list referred to in subsection (4) until the expiry of
thirty days after notice has been given to the Minister of the removal
under that subsection.
(6) If the name of a distributor is to be removed from a list of
distributors, the distributor shall, before the name is removed, deliver to
the Minister, where the Minister requires one, a substitute security with
the face value required under subsection 5(1) or (2), as may be
appropriate. (EC274/08)
7. (1) Where a distributor sells refillable beverage containers while
registered, the security delivered to the Minister in relation to the
distributor shall be forfeited if the distributor or the agent of the
distributor fails to collect empty refillable beverage containers or to pay
the refunds in accordance with the Act and these regulations within
fourteen days after the distributor or the agent, as the case may be, is
required to do so under the Act and these regulations.
(2) Where a distributor sells recyclable beverage containers while
registered, the security delivered to the Minister in relation to the
distributor shall be forfeited if the distributor or the agent of the
distributor fails to remit or pay deposits for the recyclable beverage
containers to the Provincial Treasurer in accordance with the Act and
these regulations within fourteen days after the distributor or the agent, as
the case may be, is required to do so under the Act and these regulations.
(3) The security delivered by a corporation that is an agent of two or
more distributors shall be forfeited to the extent of its full face value
when the security of a distributor that is named on the corporation's list
referred to in subsection 6(4) would be forfeited under these regulations.
(4) Notwithstanding subsection (3), a corporation that is an agent of
two or more distributors who sell refillable beverage containers may,
with the consent of the Minister, substitute for the face value of a security
forfeited under subsection (1) such amount as the Minister considers
sufficient to make the payments or reimbursements listed in clauses
(5)(a) and (b) in full in relation to the forfeiture of the distributor’s
security.
(5) Any money recovered on the forfeiture of a security under
subsection (1), after deducting the cost of administering the security
under subsection 9(8) of the Act, shall be distributed in the following
order of priority:
(a) payment or reimbursement in full or, where the money is
insufficient, on a pro rata basis, to the license holders for paid-out
refunds and for deposits on bulking material that relate to the empty
refillable beverage containers of the distributor to which the
forfeiture relates and for which the license holders have not been
paid or reimbursed;
(b) payment of the cost of transporting, recycling and otherwise
handling the empty beverage containers after collection from the
beverage container depots;
(c) payment of any balance remaining to the Provincial Treasurer,
which shall be the property of the Government and shall be paid into
the Operating Fund.
(6) Notwithstanding subsection (3), a corporation that is an agent of
two or more distributors who sell recyclable beverage containers may,
with the consent of the Minister, substitute for the face value of a security
forfeited under subsection (2) such amount as the Minister considers
sufficient to make the payments referred to in subsection (7).
6 Cap. B-2.1 Beverage Containers Act Updated 2008
General Regulations
(7) Any money recovered on the forfeiture of a security under
subsection (2), after deducting the cost of administering the security
under subsection 9(8) of the Act, shall be distributed in the following
order of priority:
(a) payment or reimbursement in full to the Provincial Treasurer for
the deposits for the recyclable beverage containers that have not
been paid or remitted to the Provincial Treasurer;
(b) payment of any balance remaining to the registered distributor.
(EC274/08)
INFORMATION REQUIRED ON BEVERAGE CONTAINERS
8. For the purposes of section 12 of the Act, every beverage in a beverage
container that is sold by a distributor or a retailer shall have stamped or
printed on the beverage container the wording “Return for Refund” or
similar wording. (EC274/08)
LICENSES
9. The fee payable to apply for a license, or to apply for the amendment
of a license, under section 13 of the Act is $100 and shall be made
payable to the Provincial Treasurer. (EC274/08)
10. (1) A person who wishes to apply for a license under subsection
13(2) of the Act shall
(a) file with the Minister a completed application in a form
acceptable to the Minister;
(b) pay the fee prescribed by section 9; and
(c) provide to the Minister
(i) such proof of the matters referred to in subsection (2) or (3) as
the Minister may require, and
(ii) such other information as the Minister may require.
(2) The Minister may issue a license to the applicant under subsection
13(3) of the Act if the Minister is satisfied that
(a) the applicant has sufficient capital available to pay all refunds
that could be requested by the public for empty beverage containers
between start-up and the first possible reimbursement of refunds by a
distributor or the Provincial Treasurer, and between subsequent
reimbursements;
(b) the lot on which the applicant proposes to operate the beverage
container depot
(i) is not less that 1.5 acres in area,
(ii) has areas for parking that are, at a minimum, 185 square
metres in area, and have hard surface of pavement, concrete,
gravel, or asphalt millings, and
Updated 2008 Beverage Containers Act Cap. B-2.1 7
General Regulations
(iii) has separate traffic lanes for customer vehicles and for
transport trucks;
(c) there is a building on the lot referred to in clause (b) which meets
the requirements of subsection (3); and
(d) the applicant should be authorized to operate a beverage
container depot at the location proposed in the application having
regard to the considerations set out in subsection 13(12) of the Act.
(3) The building on the lot at which the applicant for a license proposes
to operate a beverage container depot shall
(a) be structurally sound;
(b) have a beverage container sorting area that
(i) has a floor area, at a minimum, of 46 square metres, and
(ii) is visible to customers;
(c) have an area for customer service;
(d) have a beverage container storage area that
(i) has a wooden or steel frame and a poured cement floor,
(ii) has a ceiling height, at a minimum, of 4.9 metres,
(iii) has a floor area, at a minimum, of 111 square metres,
(iv) is accessible to vehicles that are loading and unloading empty
beverage containers, and
(v) is constructed in such a manner that it will keep all empty
beverage containers stored therein dry and clean; and
(e) has a total floor area, at a minimum, of 232 square metres.
(4) The Minister may, under subsection 13(3) of the Act, issue a
license to an applicant notwithstanding that one or more of the
requirements set out in clauses (2)(a) to (c) and subsection (3) are not
met by the applicant, or the lot, or the building on the lot, at which the
applicant proposes to operate a beverage container depot, where
(a) the applicant is a person who was deemed to be a license holder
under section 34 of the Act on the day that section came into force;
and
(b) the Minister is satisfied that the applicant should be authorized to
operate a beverage container depot at the location proposed in the
application having regard to the considerations set out in subsection
13(12) of the Act.
(5) The Minister may refuse to issue a license under subsection 13(6)
of the Act where
(a) the Minister is not satisfied
(i) that the applicant meets the requirements of clause (2)(a),
(ii) that the lot on which the applicant proposes to operate the
beverage container depot meets the requirements of clause (2)(b),
(iii) that the building on the lot referred to in subclause (ii) meets
the requirements of clause (2)(c) and subsection (3), or
8 Cap. B-2.1 Beverage Containers Act Updated 2008
General Regulations
(iv) that the applicant should be authorized to operate a beverage
container depot at the location proposed in the application having
regard to the considerations set out in subsection 13(12) of the
Act; or
(b) the applicant has previously been issued a license or deemed to
have been issued a license under the Act and the license holder, or an
agent of the license holder, violated or failed to comply with a
provision of the Act or these regulations.
(6) A license shall be issued on a form provided by the Minister.
(7) A license holder who wishes to apply, under subsection 13(2) of
the Act, for the amendment of a license for the purpose of authorizing the
license holder to operate the beverage container depot at a new location,
shall
(a) file with the Minister a completed application in a form
acceptable to the Minister;
(b) pay the fee prescribed by section 9; and
(c) provide to the Minister
(i) such proof of the matters referred to in clauses (2)(b) to (d) or
in subsection (3) as the Minister may require, and
(ii) such other information as the Minister may require.
(8) The Minister may, under subsection 13(3) of the Act, amend the
location specified on a license if the Minister is satisfied that the
requirements of clauses (2)(b) to (d) and subsection (3) are met in respect
of the new location. (EC274/08)
11. (1) Where, at any time subsequent to the issuance of a license, the
Minister,
(a) under clause 13(3)(b) of the Act, imposes a term or condition on
the license; or
(b) under subsection 13(4) of the Act, amends, substitutes, or
repeals any term or condition imposed on the license,
the Minister shall give notice, in writing, of the imposition of the term or
condition, or of the amendment, substitution, or repeal of any term or
condition, as the case may be, to the license holder and shall include in
the notice a copy of any term or condition that has been imposed,
amended or substituted.
(2) The imposition of a term or condition, or the amendment,
substitution or repeal of a term or condition, under clause 13(3)(b) or
subsection 13(4) of the Act, on the license does not take effect until the
notice required by subsection (1) has been served in accordance with
these regulations on the license holder. (EC274/08)
Updated 2008 Beverage Containers Act Cap. B-2.1 9
General Regulations
12. (1) Where the Minister suspends or revokes a license under
subsection 13(17) of the Act, the Minister shall give notice, in writing, of
the suspension or revocation, as the case may be, and the reasons
therefore to the license holder.
(2) The suspension or revocation of a license issued under subsection
13(17) of the Act does not take effect until the notice required by
subsection (1) has been served in accordance with these regulations on
the license holder. (EC274/08)
OPERATION OF BEVERAGE CONTAINER DEPOTS
13. (1) A license holder, and the operator of the beverage container
depot operated under the license, shall ensure
(a) that the beverage container depot is kept clean and that broken
glass, discarded cardboard and plastic bags and other refuse and
debris are collected and properly disposed of;
(b) that each empty beverage container collected from the beverage
container depot by a distributor or an agent of the distributor
(i) has had its removable cap removed, if the beverage container
is a plastic bottle or a plastic container,
(ii) has markings that identify the distributor or person who filled
the container and that are readable or readable by a bar code
scanner or reader, and
(iii) has no foreign material or free flowing liquid inside the
container;
(c) that there is no foreign material in the bulking container in which
any empty beverage container is collected from the beverage
container depot by a distributor or an agent of the distributor; and
(d) that all empty beverage containers and items necessary for
bulking the containers are stored indoors.
(2) The holder of a license, and the operator of the beverage container
depot operated under the license, shall ensure
(a) that empty refillable beverage containers that are collected from
the beverage container depot by an agent of two or more distributors
are sorted according to the distributor;
(b) that empty beverage containers that are collected by distributors
themselves are sorted according to the distributor that distributed
them; and
(c) that empty recyclable beverage containers that are collected by
the agent of two or more distributors are sorted according to colour
and composition into not more than 20 different sorts. (EC274/08)
10 Cap. B-2.1 Beverage Containers Act Updated 2008
General Regulations
COLLECTION BY REGISTERED DISTRIBUTORS
14. (1) A registered distributor or, where applicable, an agent of the
registered distributor shall provide the operators of beverage container
depots with all bulking containers, shells, pallets and other items
necessary for bulking empty refillable beverage containers sold by the
registered distributor, and may charge the operators of beverage
container depots a fully refundable deposit for each such reusable item.
(2) For the purposes of subsection 18(1) of the Act, the period of time
within which a registered distributor or, where applicable, an agent of the
registered distributor shall collect empty refillable beverage containers
from a beverage container depot following a request is seven business
days.
(3) For the purposes of subsection 18(2) of the Act, a registered
distributor, or where applicable, an agent of the registered distributor is
required to collect empty refillable beverage containers sold by the
registered distributor from a license holder, or agent of the license holder,
where the license holder or agent of the license holder has possession of
at least 10,000 such containers.
(4) For the purposes of subsection 18(4) of the Act, the period of time
within which a registered distributor or, where applicable, an agent of the
registered distributor shall pay the refund to the license holder is seven
business days commencing on the day on which the empty beverage
containers to which the refund relate are collected by the registered
distributor, or agent, from the beverage container depot operated by the
license holder. (EC274/08)
COLLECTION BY THE BEVERAGE CONTAINER COLLECTOR
15. (1) The beverage container collector shall provide the operators of
beverage container depots with all bulking containers, shells, pallets and
other items necessary for bulking empty recyclable beverage containers
sold by registered distributors, and may, with the written consent of the
Minister, charge the operators of beverage container depots a fully
refundable deposit for each such reusable item.
(2) For the purposes of subsection 20(1) of the Act, the period of time
within which the beverage container collector shall collect empty
recyclable beverage containers from a beverage container depot
following a request is seven business days.
(3) For the purposes of subsection 20(2) of the Act, the beverage
container collector is required to collect empty recyclable beverage
containers from a license holder, or the agent of the license holder, where
Updated 2008 Beverage Containers Act Cap. B-2.1 11
General Regulations
the license holder or agent of the license holder has possession of at least
10,000 such containers.
(4) For the purposes of section 21 of the Act, the Minister shall ensure
that the license holder is paid the refund and handling fee within seven
business days commencing on the day on which the empty beverage
containers to which the refund and handling fee relate are collected by
the beverage container collector from the beverage container depot
operated by the license holder.
(5) For the purposes of section 21 of the Act, the amount of the
handling fee for a beverage container depot to handle beverage
containers approved under the Act is $0.036 per container. (EC274/08)
SERVICE OF NOTICES
16. (1) Any notice required to be given by the Minister under subsection
4(3) or (5), subsection 11(1) or subsection 12(1) is deemed to be
sufficiently served
(a) upon a copy of the notice being personally served on the person
to whom it is directed;
(b) upon a copy of the notice being sent by facsimile or by other
electronic means to the person to whom it is directed and an
acknowledgement of receipt being received; or
(c) five days after a copy of the notice is sent by mail addressed to
the person to whom it is directed at the last known address for that
person.
(2) Where the person to be served with a notice is a corporation,
service of the notice on a director, officer or recognized agent of the
corporation in accordance with subsection (1) is deemed to be service of
the notice on the corporation for the purposes of this Act.
(3) Where it is impractical for any reason to serve a notice in a manner
referred to in subsection (1), an ex parte application may be made to a
judge of the Supreme Court who may make an order for substituted
service providing for such steps to be taken to bring the matter to the
attention of the person to be served. (EC274/08)
SALE OF CONTAINERS WITH CONNECTING DEVICES
17. No registered distributor shall sell a beverage in beverage containers
that are
(a) connected by plastic rings; or
(b) connected by a connecting device, other than plastic rings,
unless the plastic rings or other connecting device is biodegradable or
photodegradable. (EC274/08)
