Materials Stewardship and Recycling Regulations (P.E.I. Reg. EC349/14)

PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to October 17, 2015 . It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations. If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca CHAPTER E-9 ENVIRONMENTAL PROTECTION ACT MATERIALS STEWARDSHIP AND RECYCLING REGULATIONS Pursuant to section 25 of the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9, Council made the following regulations: INTERPRETATION 1. (1) In these regulations (a) “Act” means the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9; (b) “designated material” means a material diverted from disposal and managed under a stewardship plan or a permit endorsement pursuant to a designation in these regulations; (c) “endorsement” means an automotive salvage and scrap metal endorsement issued under subsection 17(5); (d) “operator” means, in respect of a facility, a person who has control or management of the facility; (e) “permit” means a valid and subsisting recycling facility permit issued under subsection 4(6); (f) “permit holder” means a person who holds a permit. (2) For the purposes of the definition of “recyclable material” in clause 1(n.11) of the Act, a material or product is a recyclable material if it meets the following criteria: (a) it has been diverted from disposal; (b) it is managed as a marketable commodity with an established market, or is used or processed in the manufacture of a product that has an established market; (c) it is not (i) a designated material, or (ii) a beverage container as defined in the Beverage Containers Act R.S.P.E.I. 1988, Cap. B-2.1. (EC349/14) Definitions Act designated material endorsement operator permit permit holder Criteria - recyclable material 2 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations PART I DIVISION 1 Recycling Facility Permit 2. No person shall (a) carry on the business of the collection or sale of recyclable material or designated material; (b) operate a recycling facility; or (c) hold himself or herself out as the operator of a recycling facility, except under the authority of a permit. (EC349/14) 3. Section 2 does not apply to a person who operates a beverage container depot under the authority of a permit issued under the Beverage Containers Act for the acceptance, collection and storage of (a) empty beverage containers as defined in that Act; (b) scrap metal; or (c) lead-acid batteries, where the beverage containers, scrap metal and lead-acid batteries are accepted, collected and stored indoors in accordance with that Act. (EC349/14) Application 4. (1) A person who wishes to apply for a recycling facility permit shall (a) file with the Minister a completed application in the form approved by the Minister; and (b) pay the fee prescribed by subsection (8). (2) An applicant shall submit with an application made under subsection (1) a detailed written proposal outlining (a) the location of the proposed recycling facility; (b) the distance from the active recycling area to (i) the nearest property boundary, and (ii) the foundation of the nearest off-site structure used for commercial, industrial, residential or institutional purposes; (c) the types of recyclable material and designated material, if any, to be acquired; (d) the plans for the acceptance, collection, storage, sorting, handling, preparing for transport and transporting of recyclable material and designated material; (e) the quantity of recyclable material and designated material expected to be acquired annually; and (f) a contingency plan for the prevention, detection, handling and containment of leaks or spills of recyclable material and designated Operation of recycling facility Exception Application for permit Material to be submitted Updated 2015 Environmental Protection Act Cap. E-9 3 Materials Stewardship and Recycling Regulations material or contamination resulting from the handling of recyclable material and designated material. (3) The Minister may require an applicant to provide any additional information that the Minister requires to consider the application, including any agreements made with an administrator of a stewardship program for any designated material. (4) If the proposed recycling facility will be located (a) within sight of a highway; or (b) in close proximity, in the opinion of the Minister, to a nearby property, the Minister may require the applicant to provide to the Minister plans for noise reduction measures or screening of the facility from view from nearby properties, or for both, as specified by the Minister. (5) Where, in the opinion of the Minister, the proposed recycling facility may constitute a risk to the environment, the Minister may require the applicant to provide to the Minister a certificate of insurance which (a) evidences insurance coverage for the applicant’s liability for bodily injury and property damage arising out of a contaminant being introduced into the environment in a sudden, unintended or unexpected occurrence, during the period of insurance, with not less than $1,000,000 coverage per occurrence; and (b) states that the insurance coverage may not be cancelled except upon thirty days’ prior written notice to the Department. (6) The Minister shall issue a permit to an applicant if the Minister is satisfied that (a) the application has been made in accordance with the requirements of these regulations; (b) the proposal submitted under subsection (2) (i) includes the information referred to in clauses (2)(a) to (f) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the recycling facility in compliance with the Act and these regulations; (c) the applicant has complied with subsections (3), (4) and (5), if required to do so; and (d) the issuance of the permit is in the public interest having regard to the matters referred to in clauses (2)(a) to (f). (7) Where the Minister refuses to issue a permit to an applicant, the Minister shall provide written reasons for the refusal to the applicant. (8) The application fee for a permit is $100, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) Additional information Additional measures Insurance Requirements for issuance of permit Refusal of permit Application fee 4 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations Expiry of Permit 5. A permit expires on March 1 following the day on which the permit was issued. (EC349/14) Reports 6. (1) The Minister may require an operator of a recycling facility to ensure that a record is made of the received weight, the recycled weight and the shipped weight of any recyclable material and designated material specified by the Minister that is handled at the recycling facility. (2) An operator of a recycling facility who made or caused to be made a record under subsection (1) shall (a) prepare a written report in the form approved by the Minister with respect to the specified recyclable material and designated material handled at the recycling facility during the preceding calendar year; and (b) submit the written report prepared under clause (a) to the Minister on or before March 1 of each year for the preceding calendar year. (EC349/14) 7. An operator of a recycling facility shall include in the report required under subsection 6(2) (a) the weight in kilograms of each type of recyclable material or designated material handled at the facility for the year covered by the report; and (b) the weight in kilograms of each type of recyclable material or designated material received by the facility and not recycled or otherwise disposed of for the year covered by the report. (EC349/14) Terms and Conditions 8. A permit holder and an operator of a recycling facility shall ensure that the recycling facility is operated in compliance with the terms and conditions of the permit issued for the recycling facility. (EC349/14) Notice of Revocation or Terms and Conditions 9. Where the Minister, under section 28 of the Act, (a) revokes; (b) imposes terms or conditions on; or (c) alters the terms or conditions of, a permit, the Minister shall serve on the permit holder and the operator, in writing, notice of and reasons for the revocation, imposition or alteration. (EC349/14) Expiry of permit Records Report to Minister Weight of recyclable material Compliance with terms and conditions on permit Notice of revocation or terms and conditions Updated 2015 Environmental Protection Act Cap. E-9 5 Materials Stewardship and Recycling Regulations PART II DIVISION 1 Endorsement for Designated Material 10. (1) Where (a) no stewardship program has been established in respect of a designated material; or (b) the Minister has not concluded an agreement with an administrator of a stewardship program for a designated material, a permit holder who proposes to accept, collect or store the designated material shall apply to the Minister for an endorsement on the holder’s permit with respect to the designated material. (2) Subject to any terms or conditions imposed on the endorsement under section 28 of the Act, an endorsement on a permit authorizes the permit holder to accept, collect or store the designated material identified on the endorsement at the recycling facility for which the permit is issued. (EC349/14) Terms and Conditions 11. A permit holder and an operator of a recycling facility for which an endorsement is issued shall ensure that the recycling facility is operated in compliance with the terms and conditions of the endorsement. (EC349/14) Notice of Revocation or Terms and Conditions 12. Where the Minister, under section 28 of the Act, (a) revokes; (b) imposes terms or conditions on; or (c) alters the terms or conditions of, an endorsement, the Minister shall serve on the permit holder and the operator, in writing, notice of and reasons for the revocation, imposition or alteration. (EC349/14) DIVISION 2 Automotive Salvage and Scrap Metal 13. In this Division, (a) “automotive salvage” means (i) unserviceable, discarded or junked motor vehicles no longer used for transportation purposes, and Endorsement for designated material Authorization Terms and conditions of endorsement Notice of revocation or terms and conditions Definitions automotive salvage 6 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (ii) metals, bodies, frames, engines or other components and parts of those things associated with a motor vehicle; (b) “automotive salvage and scrap metal collection facility” means a recycling facility where automotive salvage or scrap metal is (i) accepted, collected and stored, and (ii) handled, collected, sorted or crushed, compacted, shredded and prepared for transport, for the purpose of material recovery; (c) “scrap metal” means new or used items substantially made of ferrous or non-ferrous metals and includes household or commercial appliances, but does not include beverage containers, paint containers, or domestic or household products normally recycled to avoid waste. (EC349/14) 14. For the purposes of the Act and these regulations, automotive salvage and scrap metal is a designated material. (EC349/14) Automotive Salvage and Scrap Metal Endorsement 15. No person shall (a) carry on the business of the collection, purchasing, trading, bartering or sale of automotive salvage and scrap metal; (b) operate an automotive salvage and scrap metal collection facility; or (c) hold himself or herself out as the operator of an automotive salvage and scrap metal collection facility, except under the authority of a recycling facility permit and an automotive salvage and scrap metal endorsement. (EC349/14) 16. No person shall sell, offer for sale, transfer, discard or otherwise dispose of automotive salvage and scrap metal except by disposal at an automotive salvage and scrap metal collection facility. (EC349/14) Application 17. (1) A person who holds or has applied for a permit may apply for an automotive salvage and scrap metal endorsement on the permit by (a) filing with the Minister a completed application on a form approved by the Minister; and (b) paying the fee prescribed by subsection (8). (2) An applicant, other than an applicant who has concurrently submitted an application for a permit under subsection 4(2), shall submit with an application made under subsection (1) a detailed written proposal outlining automotive salvage and scrap metal collection facility scrap metal Designation Prohibition Idem Application for endorsement Requirements Updated 2015 Environmental Protection Act Cap. E-9 7 Materials Stewardship and Recycling Regulations (a) the distance from the active automotive salvage and scrap metal collection facility to (i) the nearest property boundary, and (ii) the foundation of the nearest off-site structure used for commercial, industrial, residential or institutional purposes; (b) whether the applicant proposes to collect, purchase, store, sell or otherwise handle automotive salvage as defined in subclause 13(a)(i) or (ii), or both; (c) the plans for the acceptance, collection, storage, sorting, crushing, compacting, shredding, handling and preparing for transport of automotive salvage and scrap metal; (d) the estimated quantity of automotive salvage and scrap metal collected; (e) the frequency of any crushing, compacting or shredding at the proposed facility; (f) a contingency plan for the prevention, detection, handling and containment of leaks or spills from automotive salvage and scrap metal or contamination resulting from the handling of automotive salvage and scrap metal; (g) if crushing activities are to occur at the facility, the location of the area designed for crushing activities; (h) a description of the method of operating the facility, including the methods of collection and disposal of contaminants, including, but not limited to, (i) oils, (ii) oil filters, (iii) motive fuels, (iv) brake fluids, (v) glycol products, (vi) refrigerants, (vii) lead-acid batteries, (viii) mercury-containing switches. (3) An applicant who has submitted an application for a permit under subsection 4(2) shall submit a detailed written proposal containing the information referred to in clauses (2)(d), (f), (g) and (h). (4) The Minister may require an applicant to provide any additional information that the Minister requires to consider the application. (5) The Minister shall issue an automotive salvage and scrap metal endorsement on the applicant’s permit if the Minister is satisfied that (a) the application has been made in accordance with the requirements of these regulations; Idem Additional information Issuance of endorsement 8 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (b) the proposal adequately provides for the operation of the automotive salvage and scrap metal collection facility in compliance with the Act and these regulations and (i) if submitted under subsection (2), includes the information referred to in clauses (2)(a) to (g) and is otherwise acceptable to the Minister, or (ii) if submitted under subsection (3), includes the information referred to in clauses (2)(d), (f), (g) and (h); and (c) the proposed automotive salvage and scrap metal collection facility (i) meets the setback criteria of subsection 18(1), and (ii) shall meet the operational requirements set out in the Schedule to these regulations. (6) The Minister shall specify in the automotive salvage and scrap metal endorsement issued under subsection (5) the type or types of automotive salvage to which it applies. (7) Where the Minister refuses to issue an automotive salvage and scrap metal endorsement to an applicant, the Minister shall provide written reasons for the refusal to the applicant. (8) The application fee for an automotive salvage and scrap metal endorsement is $50, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) Setbacks 18. (1) No person is eligible for an automotive salvage and scrap metal endorsement on a permit where the proposed site is located (a) within a radius of 150 metres of any public park, public playground, public bathing beach, school, church, hospital, cemetery or public hall; (b) within 30 metres of any highway; (c) subject to subsection (2), within 300 metres of any residential premises other than those of the applicant for the permit; or (d) within 60 metres of a watercourse boundary or wetland boundary. (2) The Minister may waive the requirements of clause (1)(c) where (a) either (i) the owners of all residential premises located in the area between 150 and 300 metres from the nearest boundary line of the proposed facility state in writing, in the form required by the Minister, that they have no objection to the proposed facility, (ii) no residential premises are located less than 150 metres from the proposed facility, and Specify types of automotive salvage Reasons for refusal Fee Restrictions respecting site Exception Updated 2015 Environmental Protection Act Cap. E-9 9 Materials Stewardship and Recycling Regulations (iii) no domestic potable wells are located less than 60 metres from the proposed facility; or (b) the proposed facility is located within a municipal land use zone where the operation of an automotive salvage and scrap metal collection facility is permitted. (EC349/14) Additional Requirements 19. In addition to the requirements of clause 15(b), a permit holder and an operator of an automotive salvage or scrap metal collection facility shall ensure that the facility is operated in compliance with the requirements of these regulations, including the storage and material handling criteria specified in the environmental standards set out in the Schedule to these regulations. (EC349/14) PART III STEWARDSHIP PROGRAMS DIVISION 1 Electronic Products 20. In this Division, (a) “administrator” means an administrator appointed under section 26; (b) “agent” means an agent of a brand owner designated under section 23; (c) “brand owner” means, in respect of an electronic product sold, offered for sale or otherwise distributed in or into the province, (i) a manufacturer of the electronic product, (ii) a distributor of the electronic product in or into the province, (iii) an owner or licensee of the intellectual property rights to the electronic product, or (iv) where the electronic product is imported into the province, the first person to sell the electronic product in or into the province; (d) “electronic material stewardship program” means a program approved by the Minister under subsection 24(5) that (i) establishes a process for the recycling of electronic products and, if no further options exist, the disposal of any residual electronic product components, and Additional requirements Definitions administrator agent brand owner electronic material stewardship program 10 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (ii) incorporates the principles of a pollution prevention hierarchy by replacing disposal with reuse and recycling of electronic products; (e) “electronic product” means an electronic product whether intended for consumer, industrial or commercial use, and includes (i) televisions, (ii) desktop, laptop and notebook computers, including central processing units, keyboards, mice and cables, (iii) computer monitors, (iv) computer desktop printers, including desktop printers that have scanning or fax capabilities, or both, (v) desktop scanners, (vi) audio and video playback and recording systems, (vii) telephones and fax machines, and (viii) cell phones and other wireless communication devices, but does not include factory-installed devices developed for embedded use in motor vehicles; (f) “electronic product return facility” means a recycling facility where electronic products are (i) accepted and stored, and (ii) handled, collected, sorted or prepared for transport, for the purpose of the reuse of the products or material recovery; (g) “retailer” means a person who sells or offers for sale electronic products directly to consumers. (EC349/14) 21. (1) For the purposes of the Act and these regulations, an electronic product is a designated material. (2) No person shall discard an electronic product except (a) at a recycling facility approved to accept the electronic product pursuant to these regulations; or (b) in accordance with an approved electronic material stewardship program. (EC349/14) Electronic Material Stewardship Program 22. (1) No brand owner of an electronic product shall sell, offer for sale or otherwise distribute an electronic product in or into the province unless the brand owner, or an agent of the brand owner of the electronic product, operates an electronic material stewardship program in respect of the electronic product. (2) No retailer shall sell, offer for sale or otherwise distribute an electronic product in or into the province unless the brand owner of the electronic product, or an agent of the brand owner of the electronic electronic product electronic product return facility retailer Designation Discarding electronic product Prohibition Idem Updated 2015 Environmental Protection Act Cap. E-9 11 Materials Stewardship and Recycling Regulations product, operates an electronic material stewardship program in respect of the electronic product. (EC349/14) 23. A brand owner may, by written agreement with any person, designate that person as the agent of the brand owner to operate an electronic material stewardship program on the brand owner’s behalf. (EC349/14) Application 24. (1) A brand owner may apply for approval of an electronic material stewardship program by filing with the Minister a completed proposal in the format approved by the Minister. (2) An agent of a brand owner who wishes to operate an electronic material stewardship program on the brand owner’s behalf may apply for approval of the program by filing with the Minister a completed proposal in a format approved by the Minister. (3) An applicant shall submit with a proposal made under subsection (1) or (2) detailed information respecting (a) the management structure of the program; (b) how waste electronic products will be collected; (c) the plans for the receipt of electronic products at the electronic product return facilities that participate in the program and the policies and procedures to be followed by the electronic product return facilities; (d) the recycling options for waste electronic products; (e) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (f) an education and awareness program for consumers of electronic products that includes information about (i) the electronic material stewardship program, specifying products accepted by the program, (ii) how and when consumers can access electronic product return facilities, (iii) the environmental benefits of participating in the electronic material stewardship program, and (iv) a description of the proposed methods for reusing and recycling electronic products. (4) The Minister may require an applicant to provide any additional information that the Minister requires to consider the proposal. Designation of agent Application for approval of electronic material stewardship program Idem Material to be submitted Additional information 12 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (5) The Minister shall approve an electronic material stewardship program if the Minister is satisfied that (a) the proposal has been made in accordance with the requirements of these regulations; (b) the proposal (i) includes the information referred to in clauses (3)(a) to (f) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the electronic material stewardship program in compliance with the Act and these regulations; and (c) approval of the program is in the public interest having regard to the matters referred to in clauses (3)(a) to (f). (6) Where the Minister refuses to approve an electronic material stewardship program, the Minister shall provide written reasons for the refusal to the applicant. (7) Where the Minister approves an electronic material stewardship program, the applicant shall, not later than the commencement date of the program, pay the fee prescribed by subsection (8). (8) The fee for an approval of an electronic material stewardship program is $25,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 25. (1) A brand owner or an agent who operates an electronic material stewardship program shall, on or before July 31 of each year, pay the annual fee prescribed by subsection (2). (2) The annual fee for an electronic material stewardship program is $20,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 26. The Minister may (a) appoint any person as the administrator of an electronic material stewardship program; and (b) specify the duties and responsibilities of an administrator appointed under clause (a). (EC349/14) Information 27. A brand owner or an agent who operates an electronic material stewardship program shall, upon request in writing from the Minister, provide the Minister with any information about the electronic material stewardship program, including any of the following: (a) the types of processes used to reuse and recycle the electronic products and their components; Requirements for approval of electronic material stewardship program Reasons for refusal Approval of electronic material stewardship program Approval fee Payment of annual fee Annual fee Appointment of administrator Request for information by Minister Updated 2015 Environmental Protection Act Cap. E-9 13 Materials Stewardship and Recycling Regulations (b) the location of the electronic product return facilities for the electronic products; (c) the location of any long-term containment or final treatment and processing facilities for electronic products; (d) records showing that the program adheres to established industry vendor qualification standards, or information demonstrating that the electronic products collected are managed in a manner that employs environmental and human health and safety standards meeting or exceeding applicable federal, provincial and local regulations. (EC349/14) 28. A brand owner shall ensure that a brand name, image or logo is clearly affixed in plain view on an electronic product sold, offered for sale or otherwise distributed in or into the province by the brand owner. (EC349/14) 29. A retailer shall prominently display, at the point of display or the point of sale of an electronic product, the education and awareness program information referred to in clause 24(3)(f) that is supplied to it by the brand owner or the brand owner’s agent. (EC349/14) 30. A brand owner or an agent who operates an electronic material stewardship program shall review the electronic material stewardship program and (a) submit to the Minister all proposed amendments to the electronic material stewardship program; or (b) advise the Minister in writing that in its opinion no amendments to the electronic material stewardship program are necessary, not later than the date that is 5 years after the date the electronic material stewardship program was first approved under subsection 24(5) and every 5 years thereafter. (EC349/14) 31. A brand owner or an agent who operates an electronic material stewardship program shall, on or before June 30 of each year, or on or before the date set by the Minister, inform the Minister in writing of the total quantity of electronic products collected during the previous calendar year. (EC349/14) 32. (1) No brand owner who operates an electronic material stewardship program shall fail to operate the electronic material stewardship program in accordance with the program as approved under subsection 24(5). (2) No agent who has been designated to operate an electronic material stewardship program on a brand owner’s behalf shall fail to operate the electronic material stewardship program in accordance with the program as approved under subsection 24(5). (EC349/14) Brand name, image or logo on electronic product Display of education and awareness program information Review of electronic material stewardship program Reporting quantity of electronic materials collected Operation of electronic material stewardship program Idem 14 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations DIVISION 2 Paint Products 33. In this Division, (a) “administrator” means an administrator appointed under section 39; (b) “agent” means an agent of a brand owner designated under section 36; (c) “brand owner” means, in respect of a consumer paint product sold, offered for sale or otherwise distributed in or into the province, (i) a manufacturer of the consumer paint product, (ii) a distributor of the consumer paint product in or into the province, or (iii) where the consumer paint product is imported into the province, the first person to sell the consumer paint product in or into the province; (d) “consumer paint product” means (i) a tinted or untinted latex, oil or solvent-based architectural coating used for commercial or household purposes, including stain, and includes the coating’s container, or (ii) a coloured or clear paint or stain sold in an aerosol container and includes the paint’s or stain’s container, but does not include coatings intended for marine antifouling, industrial or automotive applications, non-latex concrete sealant, or bottled paint for hobby, craft, cosmetic or artistic use; (e) “consumer paint stewardship program” means a program approved by the Minister under section 37 that (i) establishes a process for the collection, transportation and recycling of paint, and (ii) incorporates the principles of a pollution prevention hierarchy by replacing disposal with reuse and recycling of paint; (f) “retailer” means a person who sells or offers for sale consumer paint products directly to consumers. (EC349/14) 34. (1) For the purposes of the Act and these regulations, a consumer paint product is a designated material. (2) No person shall discard a consumer paint product except (a) at a recycling facility approved to accept the consumer paint product pursuant to these regulations; or (b) in accordance with an approved consumer paint product stewardship program. (EC349/14) Definitions administrator agent brand owner consumer paint product consumer paint stewardship program retailer Designation Discarding consumer paint product Updated 2015 Environmental Protection Act Cap. E-9 15 Materials Stewardship and Recycling Regulations Consumer Paint Material Stewardship Program 35. (1) No brand owner of a consumer paint product shall sell, offer for sale or otherwise distribute a consumer paint product in or into the province unless the brand owner, or an agent of the brand owner of the consumer paint product, operates a consumer paint material stewardship program in respect of the consumer paint product. (2) No retailer shall sell, offer for sale or otherwise distribute a consumer paint product in or into the province unless the brand owner of the consumer paint product, or an agent of the brand owner of the consumer paint product, operates a consumer paint material stewardship program in respect of the consumer paint product. (EC349/14) 36. A brand owner may, by written agreement with any person, designate that person as the agent of the brand owner to operate a consumer paint material stewardship program on the brand owner’s behalf. (EC349/14) Proposal 37. (1) A brand owner who wishes to apply for approval of a consumer paint material stewardship program shall file with the Minister a completed proposal in a format approved by the Minister. (2) An agent of a brand owner who wishes to operate a consumer paint material stewardship program on the brand owner’s behalf and who wishes to apply for approval of the program shall file with the Minister a completed proposal in a format approved by the Minister. (3) An applicant shall submit with a proposal made under subsection (1) or (2) detailed information respecting (a) the management structure of the program; (b) how waste consumer paint products will be collected; (c) the plans for the receipt of consumer paint products at the consumer paint product return facilities that participate in the program and the policies and procedures to be followed by the consumer paint product return facilities; (d) the recycling options for waste consumer paint products; (e) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (f) an education and awareness program for consumers of consumer paint products that includes information about (i) the consumer paint material stewardship program, specifying products accepted by the program, Prohibition Idem Designation of agent Proposal for approval of consumer paint material stewardship program Idem Material to be submitted 16 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (ii) how and when consumers can access consumer paint product return facilities, (iii) the environmental benefits of participating in the consumer paint material stewardship program, and (iv) a description of the proposed methods for reusing and recycling consumer paint products. (4) The Minister may require an applicant to provide any additional information that the Minister requires to consider the proposal. (5) The Minister shall approve a consumer paint material stewardship program if the Minister is satisfied that (a) the proposal has been made in accordance with the requirements of these regulations; (b) the proposal (i) includes the information referred to in clauses (3)(a) to (f) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the consumer paint material stewardship program in compliance with the Act and these regulations; and (c) approval of the program is in the public interest having regard to the matters referred to in clauses (3)(a) to (f). (6) Where the Minister refuses to approve a consumer paint material stewardship program, the Minister shall provide written reasons for the refusal to the applicant. (7) Where the Minister approves a consumer paint material stewardship program, the applicant shall, not later than the commencement date of the program, pay the fee prescribed by subsection (8). (8) The fee for an approval of a consumer paint material stewardship program is $10,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 38. (1) A brand owner or an agent who operates a consumer paint material stewardship program shall, on or before July 31 of each year, pay the annual fee prescribed by subsection (2). (2) The annual fee for a consumer paint material stewardship program is $10,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 39. The Minister may (a) appoint any person as the administrator of a consumer paint material stewardship program; and Additional information Requirements for approval of consumer paint material stewardship program Reasons for refusal Approval of consumer paint material stewardship program Approval fee Payment of annual fee Annual fee Appointment of administrator Updated 2015 Environmental Protection Act Cap. E-9 17 Materials Stewardship and Recycling Regulations (b) specify the duties and responsibilities of an administrator appointed under clause (a). (EC349/14) Information 40. A brand owner or an agent who operates a consumer paint material stewardship program shall, upon request in writing from the Minister, provide the Minister with any information about the consumer paint material stewardship program, including any of the following: (a) the types of processes used to reuse and recycle the consumer paint products and their components; (b) the location of the consumer paint product return facilities for the consumer paint products; (c) the location of any long-term containment or final treatment and processing facilities for consumer paint products; (d) records showing that the program adheres to established industry vendor qualification standards, or information demonstrating that the consumer paint products collected are managed in a manner that employs environmental and human health and safety standards meeting or exceeding applicable federal, provincial and local regulations. (EC349/14) 41. No retailer shall charge a consumer any separate fee with respect to the costs associated with implementing or operating a paint stewardship plan. (EC349/14) 42. A retailer shall prominently display, at the point of display or the point of sale of a consumer paint product, the education and awareness program information referred to in clause 37(3)(f) that is supplied to it by the brand owner or the brand owner’s agent. (EC349/14) 43. A brand owner or an agent who operates a consumer paint material stewardship program shall review the consumer paint material stewardship program and (a) submit to the Minister all proposed amendments to the consumer paint material stewardship program; or (b) advise the Minister in writing that in its opinion no amendments to the consumer paint material stewardship program are necessary, not later than the date that is 5 years after the date the consumer paint material stewardship program was first approved under subsection 37(5) and every 5 years thereafter. (EC349/14) 44. A brand owner or an agent who operates a consumer paint material stewardship program shall, on or before June 30 of each year, or on or before the date set by the Minister, inform the Minister in writing of the total quantity of consumer paint products collected during the previous calendar year. (EC349/14) Request for information by Minister Internalization of fees Display of education and awareness program information Review of consumer paint material stewardship program Reporting quantity of consumer paint materials collected 18 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations 45. (1) No brand owner who operates a consumer paint material stewardship program shall fail to operate the consumer paint material stewardship program in accordance with the program as approved under subsection 37(5). (2) No agent who has been designated to operate a consumer paint material stewardship program on a brand owner’s behalf shall fail to operate the consumer paint material stewardship program in accordance with the program as approved under subsection 37(5). (EC349/14) Division 3 Lamp Products 46. In this Division, (a) “administrator” means an administrator appointed under section 52; (b) “agent” means an agent of a brand owner designated under section 49; (c) “brand owner” means, in respect of a lamp product sold, offered for sale or otherwise distributed in or into the province, (i) a manufacturer of the lamp product, (ii) a distributor of the lamp product in or into the province, (iii) where the lamp product is imported into the province, the first person to sell the lamp product in or into the province; (d) “lamp product” means a light source designed to produce light from electricity including, but not limited to, (i) fluorescent tubes, (ii) compact fluorescent lamps, (iii) high-intensity discharge lamps, (iv) incandescent lamps, (v) light-emitting diode lamps; (e) “lamp product stewardship program” means a program approved by the Minister under subsection 50(5) that (i) establishes a process for the collection, transportation and recycling of lamp products, and (ii) incorporates the principles of a pollution prevention hierarchy by replacing disposal with recycling of lamp products; (f) “retailer” means a person who sells or offers for sale lamp products directly to consumers. (EC349/14) 47. (1) For the purposes of the Act and these regulations, a lamp product is a designated material. Operation of consumer paint material stewardship program Idem Definitions administrator agent brand owner lamp product lamp product stewardship program retailer Designation Updated 2015 Environmental Protection Act Cap. E-9 19 Materials Stewardship and Recycling Regulations (2) No person shall discard a lamp product except (a) at a recycling facility approved to accept lamp products pursuant to these regulations; or (b) in accordance with an approved lamp product stewardship program. (EC349/14) Lamp Product Stewardship Program 48. (1) No brand owner of a lamp product shall sell, offer for sale or otherwise distribute a lamp product in or into the province unless the brand owner, or an agent of the brand owner of the lamp product, operates a lamp product stewardship program in respect of the lamp product. (2) No retailer shall sell, offer for sale or otherwise distribute a lamp product in or into the province unless the brand owner of the lamp product, or an agent of the brand owner of the lamp product, operates a lamp product stewardship program in respect of the lamp product. (EC349/14) 49. A brand owner may, by written agreement with any person, designate that person as the agent of the brand owner to operate an lamp product stewardship program on the brand owner’s behalf. (EC349/14) Proposal 50. (1) A brand owner who wishes to apply for approval of a lamp product stewardship program shall file with the Minister a completed proposal in a format approved by the Minister. (2) An agent of a brand owner who wishes to operate a lamp product stewardship program on the brand owner’s behalf and who wishes to apply for approval of the program shall file with the Minister a completed proposal in the format approved by the Minister. (3) An applicant shall submit with a proposal made under subsection (1) or (2) detailed information respecting (a) the management structure of the program; (b) how waste lamp products will be collected; (c) the recycling options for waste lamp products; (d) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (e) an education and awareness program for consumers of lamp products that includes information about (i) the lamp product stewardship program, specifying products accepted by the program, Discarding lamp product Prohibition Idem Designation of agent Proposal for approval of lamp product stewardship program Idem Material to be submitted 20 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (ii) the environmental benefits of participating in the lamp product stewardship program, and (iii) a description of the proposed methods for recycling lamp products. (4) The Minister may require an applicant to provide any additional information that the Minister requires to consider the proposal. (5) The Minister shall approve a lamp product stewardship program if the Minister is satisfied that (a) the proposal has been made in accordance with the requirements of these regulations; (b) the proposal (i) includes the information referred to in clauses (3)(a) to (e) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the lamp products stewardship program in compliance with the Act and these regulations; and (c) approval of the program is in the public interest having regard to the matters referred to in clauses (3)(a) to (e). (6) Where the Minister refuses to approve a lamp product stewardship program, the Minister shall provide written reasons for the refusal to the applicant. (7) Where the Minister approves a lamp product stewardship program, the applicant shall, not later than the commencement date of the program, pay the fee prescribed by subsection (8). (8) The fee for an approval of a lamp product stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 51. (1) A brand owner or an agent who operates a lamp product stewardship program shall, on or before July 31 of each year, pay the annual fee prescribed by subsection (2). (2) The annual fee for a lamp products stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 52. The Minister may (a) appoint any person as the administrator of a lamp products stewardship program; and (b) specify the duties and responsibilities of an administrator appointed under clause (a). (EC349/14) Additional information Requirements for approval of lamp product stewardship program Reasons for refusal Approval of lamp product stewardship program Approval fee Payment of annual fee Annual fee Appointment of administrator Updated 2015 Environmental Protection Act Cap. E-9 21 Materials Stewardship and Recycling Regulations Information 53. A brand owner or an agent who operates a lamp products stewardship program shall, upon request in writing from the Minister, provide the Minister with any information about the lamp product stewardship program, including any of the following: (a) the types of processes used to reuse and recycle the lamp products and their components; (b) the location of the lamp product return facilities for the lamp products; (c) the location of any long-term containment or final treatment and processing facilities for lamp products; (d) records showing that the program adheres to established industry vendor qualification standards, or information demonstrating that the lamp products collected are managed in a manner that employs environmental and human health and safety standards meeting or exceeding applicable federal, provincial and local regulations. (EC349/14) 54. No retailer shall charge a consumer any separate fee with respect to the costs associated with implementing or operating a lamp product stewardship plan. (EC349/14) 55. A retailer shall prominently display, at the point of display or the point of sale of a lamp product, the education and awareness program information referred to in clause 50(3)(e) that is supplied to it by the brand owner or the brand owner’s agent. (EC349/14) 56. A brand owner or an agent who operates a lamp product stewardship program shall review the lamp product stewardship program and (a) submit to the Minister all proposed amendments to the lamp product stewardship program; or (b) advise the Minister in writing that in its opinion no amendments to the lamp product stewardship program are necessary, not later than the date that is 5 years after the date the lamp product stewardship program was first approved under subsection 50(5) and every 5 years thereafter. (EC349/14) 57. A brand owner or an agent who operates a lamp product stewardship program shall, on or before June 30 of each year, or on or before the date set by the Minister, inform the Minister in writing of the total quantity of lamp products collected during the previous calendar year. (EC349/14) 58. (1) No brand owner who operates a lamp product stewardship program shall fail to operate the lamp product stewardship program in accordance with the program as approved under subsection 50(5). Request for information by Minister Internalization of fees Display of education and awareness program information Review of lamp product stewardship program Reporting quantity of lamp products collected Operation of lamp product stewardship program 22 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (2) No agent who has been designated to operate a lamp products stewardship program on a brand owner’s behalf shall fail to operate the lamp products stewardship program in accordance with the program as approved under subsection 50(5). (EC349/14) DIVISION 4 Oil and Glycol Products 59. In this Part (a) “administrator” means an administrator appointed under section 65; (b) “agent” means an agent of a brand owner designated under section 62; (c) “brand owner” means, in respect of an oil, oil filter or glycol product sold, offered for sale or otherwise distributed in or into the province, (i) a manufacturer of the oil, oil filter or glycol product, (ii) a distributor of the oil, oil filter or glycol product in or into the province, (iii) where the oil, oil filter or glycol product is imported into the province, the first person to sell the oil, oil filter or glycol product in or into the province; (d) “glycol” means ethylene or propylene glycol used or intended for use as a vehicle or commercial engine coolant, but does not include the following: (i) plumbing antifreeze, (ii) windshield washer antifreeze, (iii) lock de-icer and antifreeze, and (iv) gasoline and diesel fuel antifreeze; (d.1) “glycol product” includes a container with a capacity of up to 50 litres manufactured for the purpose of holding glycol; (e) “oil” means petroleum or synthetic derived crankcase oil, engine oil and gear oil, hydraulic fluid, transmission fluid and heat transfer fluid, and fluid used for lubricating purposes in machinery or equipment; (f) “oil filter” means (i) a spin-on style or element style fluid filter that is used in hydraulic, transmission or internal combustion engine applications, and (ii) an oil filter, a diesel fuel filter, a storage tank fuel filter and a household furnace oil filter other than a gasoline filter; Idem Definitions administrator agent brand owner glycol glycol product oil oil filter Updated 2015 Environmental Protection Act Cap. E-9 23 Materials Stewardship and Recycling Regulations (f.1) “oil product” includes a container with a capacity of up to 50 litres manufactured for the purpose of holding an oil product and includes aerosol containers as well as aerosol containers used to contain products used as brake cleaner; (g) “oil products and glycol stewardship program” means a program approved by the Minister under section 63 that (i) establishes a process for the collection, transportation and recycling of oil, oil filters or glycol, and (ii) incorporates the principles of a pollution prevention hierarchy by replacing disposal with reuse and recycling of oil, oil filters or glycol; (h) “retailer” means a person who sells or offers for sale oil, oil filters or glycol products directly to consumers. (EC349/14; 603/15) 60. (1) For the purposes of the Act and these regulations, an oil product, oil filter or glycol product is a designated material. (2) No person shall discard an oil product, oil filter or glycol product except (a) at a recycling facility approved to accept oil products, oil filters or glycol products pursuant to these regulations; (b) at an automotive salvage and scrap metal collection facility operated by a person who holds an automotive salvage and scrap metal endorsement issued under section 17, if the collection of oil products, oil filters or glycol products is part of the ordinary course of business of the automotive salvage and scrap metal collection facility; or (c) in accordance with an approved oil and glycol stewardship program. (EC349/14) Oil and Glycol Stewardship Program 61. (1) No brand owner of an oil product, oil filter or glycol product shall sell, offer for sale or otherwise distribute the oil product, oil filter or glycol product in or into the province unless the brand owner, or an agent of the brand owner, of the oil product, oil filter or glycol product operates an oil and glycol stewardship program in respect of the oil product, oil filter or glycol product. (2) No retailer shall sell, offer for sale or otherwise distribute an oil product, oil filter or glycol product in or into the province unless the brand owner of the oil product, oil filter or glycol product, or an agent of the brand owner of the oil product, oil filter or glycol product, operates an oil and glycol stewardship program in respect of the oil product, oil filter or glycol product. (EC349/14) oil product oil products and glycol stewardship program retailer Designation Discarding oil product, oil filter or glycol product Prohibition Idem 24 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations 62. A brand owner may, by written agreement with any person, designate that person as the agent of the brand owner to operate an oil and glycol stewardship program on the brand owner’s behalf. (EC349/14) Proposal 63. (1) A brand owner who wishes to apply for approval of an oil and glycol stewardship program shall file with the Minister a completed proposal in the format approved by the Minister. (2) An agent of a brand owner who wishes to operate an oil and glycol stewardship program on the brand owner’s behalf and who wishes to apply for approval of the program shall file with the Minister a completed proposal in the format approved by the Minister. (3) An applicant shall submit with a proposal made under subsection (1) or (2) detailed information respecting (a) the management structure of the program; (b) how waste oil products, oil filters, or glycol products will be collected; (c) the plans for the receipt of oil products, oil filters, or glycol products and the policies and procedures to be followed by the applicant; (d) the recycling options for waste oil products, oil filters, or glycol products; (e) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (f) an education and awareness program for consumers of oil products, oil filters, or glycol products that includes information about (i) the oil and glycol stewardship program, specifying products accepted by the program, (ii) how and when consumers can return oil products, oil filters, or glycol products, (iii) the environmental benefits of participating in the oil and glycol stewardship program, and (iv) a description of the proposed methods for reusing and recycling oil products, oil filters, or glycol products. (4) The Minister may require an applicant to provide any additional information that the Minister requires to consider the proposal. (5) The Minister shall approve an oil and glycol stewardship program if the Minister is satisfied that Designation of agent Proposal for approval of oil and glycol stewardship program Idem Material to be submitted Additional information Approval of oil and glycol stewardship program Updated 2015 Environmental Protection Act Cap. E-9 25 Materials Stewardship and Recycling Regulations (a) the proposal has been made in accordance with the requirements of these regulations; (b) the proposal (i) includes the information referred to in clauses (3)(a) to (f) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the oil and glycol stewardship program in compliance with the Act and these regulations; and (c) approval of the program is in the public interest having regard to the matters referred to in clauses (3)(a) to (f). (6) Where the Minister refuses to approve an oil and glycol stewardship program, the Minister shall provide written reasons for the refusal to the applicant. (7) Where the Minister approves an oil and glycol stewardship program, the applicant shall, not later than the commencement date of the program, pay the fee prescribed by subsection (8). (8) The fee for an approval of an oil and glycol stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14; 630/15) 64. (1) A brand owner or an agent who operates an oil and glycol stewardship program shall, on or before July 31 of each year, pay the annual fee prescribed by subsection (2). (2) The annual fee for an oil and glycol stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 65. The Minister may (a) appoint any person as the administrator of an oil and glycol stewardship program; and (b) specify the duties and responsibilities of an administrator appointed under clause (a). (EC349/14) Information 66. A brand owner or an agent who operates an oil and glycol stewardship program shall, upon request in writing from the Minister, provide the Minister with any information about the oil and glycol stewardship program, including any of the following: (a) the types of processes used to reuse and recycle the oil products, oil filters or glycol products and their components; (b) the location of any long term containment or final treatment and processing facilities for oil products, oil filters or glycol products; Reasons for refusal Approval fee Idem Payment of annual fee Annual fee Appointment of administrator Request for information by Minister 26 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (c) records showing that the program adheres to established industry vendor qualification standards, or information demonstrating that the oil products, oil filters or glycol products collected are managed in a manner that employs environmental and human health and safety standards meeting or exceeding applicable federal, provincial and local regulations. (EC349/14) 67. No retailer shall charge a consumer any separate fee with respect to the costs associated with implementing an oil and glycol stewardship program. (EC349/14) 68. A retailer shall prominently display, at the point of display or the point of sale of an oil product, oil filter or glycol product, the education and awareness program information referred to in clause 63(3)(f) that is supplied to it by the brand owner or the brand owner’s agent. (EC349/14) 69. A brand owner or an agent who operates an oil and glycol stewardship program shall review the oil and glycol stewardship program and (a) submit to the Minister all proposed amendments to the oil and glycol stewardship program; or (b) advise the Minister in writing that in its opinion no amendments to the oil and glycol stewardship program are necessary, not later than the date that is 5 years after the date the oil and glycol stewardship program was first approved under subsection 63(5) and every 5 years thereafter. (EC349/14) 70. A brand owner or an agent who operates an oil and glycol stewardship program shall, on or before June 30 of each year, or on or before the date set by the Minister, inform the Minister in writing of the total quantity of oil products, oil filters or glycol products collected during the previous calendar year. (EC349/14) 71. (1) No brand owner who operates an oil and glycol stewardship program shall fail to operate the oil and glycol stewardship program in accordance with the program as approved under subsection 63(5). (2) No agent who has been designated to operate an oil and glycol stewardship program on a brand owner’s behalf shall fail to operate the oil and glycol stewardship program in accordance with the program as approved under subsection 63(5). (EC349/14) DIVISION 5 Lead-acid Batteries 72. In this Division, Internalization of fees Display of education and awareness program information Review of oil and glycol stewardship program Reporting quantity of oil or glycol materials collected Operation of oil and glycol stewardship program Idem Definitions Updated 2015 Environmental Protection Act Cap. E-9 27 Materials Stewardship and Recycling Regulations (a) “administrator” means an administrator appointed under section 78; (b) “agent” means an agent of a brand owner designated under section 75; (c) “brand owner” means, in respect of a lead-acid battery sold, offered for sale or otherwise distributed in or into the province, (i) a manufacturer of the lead-acid battery, (ii) a distributor of the lead-acid battery in or into the province, or (iii) where the lead-acid battery is imported into the province, the first person to sell the lead-acid battery in or into the province; (d) “lead-acid battery” means a device consisting of one or more cells, each containing the essentials for producing voltage electricity and designed and used for the storage of electrical energy through chemical reactions involving lead and acids; (e) “lead-acid battery stewardship program” means a program approved by the Minister under section 76 that (i) establishes a process for the collection, transportation and recycling of lead-acid batteries, and (ii) incorporates the principles of a pollution prevention hierarchy by replacing disposal with reuse and recycling of lead-acid batteries; (f) “retailer” means a person who (i) stores new lead-acid batteries at a fixed location, and (ii) sells or offers for sale new lead-acid batteries directly to consumers; (g) “used lead-acid battery” means a lead-acid battery which has been used and is no longer suitable for its original purpose. (EC349/14) 73. (1) For the purposes of the Act and these regulations, a lead-acid battery is a designated material. (2) No person shall discard a used lead-acid battery except (a) at a recycling facility approved to accept used lead-acid batteries pursuant to these regulations; (b) at an automotive salvage and scrap metal collection facility operated by a person who holds an automotive salvage and scrap metal endorsement issued under section 17, if the collection of lead acid batteries is part of the ordinary course of business of the automotive salvage and scrap metal collection facility; or (c) in accordance with an approved lead-acid battery stewardship program. (EC349/14) administrator agent brand owner lead-acid battery lead-acid battery stewardship program retailer used lead-acid battery Designation Discarding used lead-acid battery 28 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations Lead-acid Battery Stewardship Program 74. (1) No brand owner of a lead-acid battery shall sell, offer for sale or otherwise distribute a lead-acid battery in or into the province unless the brand owner, or an agent of the brand owner of the lead-acid battery, operates a lead-acid battery stewardship program in respect of the lead acid battery. (2) No retailer shall sell, offer for sale or otherwise distribute a lead acid battery in or into the province unless the brand owner of the lead acid battery, or an agent of the brand owner of the lead-acid battery, operates a lead-acid battery stewardship program in respect of the lead acid battery. (EC349/14) 75. A brand owner may, by written agreement with any person, designate that person as the agent of the brand owner to operate a lead acid battery stewardship program on the brand owner’s behalf. (EC349/14) Proposal 76. (1) A brand owner who wishes to apply for approval of a lead-acid battery stewardship program shall file with the Minister a completed proposal in a format approved by the Minister. (2) An agent of a brand owner who wishes to operate a lead-acid battery stewardship program on the brand owner’s behalf and who wishes to apply for approval of the program shall file with the Minister a completed proposal in a format approved by the Minister. (3) An applicant shall submit with a proposal made under subsection (1) or (2) detailed information respecting (a) the management structure of the program; (b) how used lead-acid batteries will be collected; (c) the plans for the receipt of used lead-acid batteries at the lead acid battery return facilities that participate in the program and the policies and procedures to be followed by the lead-acid battery return facilities; (d) the recycling options for used lead-acid batteries; (e) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (f) an education and awareness program for consumers of lead-acid batteries that includes information about (i) the lead-acid battery stewardship program, specifying products accepted by the program, Prohibition Idem Designation of agent Proposal for approval of lead acid battery stewardship program Idem Material to be submitted Updated 2015 Environmental Protection Act Cap. E-9 29 Materials Stewardship and Recycling Regulations (ii) how and when consumers can access lead-acid battery return facilities, (iii) the environmental benefits of participating in the lead-acid battery stewardship program, and (iv) a description of the proposed methods for collecting and recycling lead-acid batteries. (4) The Minister may require an applicant who submits a proposal under this section to provide any additional information that the Minister requires to consider the proposal. (5) The Minister shall approve a lead-acid battery stewardship program if the Minister is satisfied that (a) the proposal has been made in accordance with the requirements of these regulations; (b) the proposal (i) includes the information referred to in clauses (3)(a) to (f) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the lead-acid battery stewardship program in compliance with the Act and these regulations; and (c) approval of the program is in the public interest having regard to the matters referred to in clauses (3)(a) to (f). (6) Where the Minister refuses to approve a lead-acid battery stewardship program, the Minister shall provide written reasons for the refusal to the applicant. (7) Where the Minister approves a lead-acid battery stewardship program, the applicant shall, not later than the commencement date of the program, pay the fee prescribed by subsection (8). (8) The fee for an approval of a lead-acid battery stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 77. (1) A brand owner or an agent who operates a lead-acid battery stewardship program shall, on or before June 30 of each year, pay the annual fee prescribed by subsection (2). (2) The annual fee for a lead-acid battery stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 78. The Minister may (a) appoint any person as the administrator of a lead-acid battery stewardship program; and Additional information Requirements for approval of lead acid battery stewardship program Reasons for refusal Approval of lead acid battery stewardship program Approval fee Payment of annual fee Annual fee Appointment of administrator 30 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (b) specify the duties and responsibilities of an administrator appointed under clause (a). (EC349/14) Information 79. A brand owner or an agent who operates a lead-acid battery stewardship program shall, upon request in writing from the Minister, provide the Minister with any information about the lead-acid battery stewardship program, including any of the following: (a) the types of processes used to recycle used lead-acid batteries; (b) the location of the lead-acid battery return facilities for used lead acid batteries; (c) the location of any long-term containment or final treatment and processing facilities for used lead-acid batteries; (d) records showing that the program adheres to established industry vendor qualification standards, or information demonstrating that the lead-acid batteries collected are managed in a manner that employs environmental and human health and safety standards meeting or exceeding applicable federal, provincial and local regulations. (EC349/14) 80. No retailer shall charge a consumer any separate fee with respect to the costs associated with implementing or operating a lead-acid battery stewardship plan. (EC349/14) 81. A retailer shall prominently display, at the point of display or the point of sale of a lead-acid battery, the education and awareness program information referred to in clause 76(3)(f) that is supplied to it by the brand owner or the brand owner’s agent. (EC349/14) 82. A brand owner or an agent who operates a lead-acid battery stewardship program shall review the lead-acid battery stewardship program and (a) submit to the Minister all proposed amendments to the lead-acid battery stewardship program; or (b) advise the Minister in writing that in its opinion no amendments to the lead-acid battery stewardship program are necessary, not later than the date that is 5 years after the date the lead-acid battery stewardship program was first approved under subsection 76(5) and every 5 years thereafter. (EC349/14) 83. A brand owner or an agent who operates a lead-acid battery stewardship program shall, on or before June 30 of each year, or on or before the date set by the Minister, inform the Minister in writing of the total quantity of used lead-acid batteries collected during the previous calendar year. (EC349/14) Request for information by Minister Internalization of fees Display of education and awareness program information Review of lead-acid battery stewardship program Reporting quantity of used lead-acid batteries collected Updated 2015 Environmental Protection Act Cap. E-9 31 Materials Stewardship and Recycling Regulations 84. (1) No brand owner who operates a lead-acid battery stewardship program shall fail to operate the lead-acid battery stewardship program in accordance with the program as approved under subsection 76(5). (2) No agent who has been designated to operate a lead-acid battery stewardship program on a brand owner’s behalf shall fail to operate the lead-acid battery stewardship program in accordance with the program as approved under subsection 76(5). (EC349/14) DIVISION 6 Pharmaceutical Products 85. In this Division, (a) “administrator” means an administrator appointed under section 91; (b) “agent” means an agent of a brand owner designated under section 88; (c) “brand owner” means, in respect of a pharmaceutical product sold, offered for sale or otherwise distributed in or into the province, (i) a manufacturer of the pharmaceutical product, (ii) a distributor of the pharmaceutical product in or into the province, or (iii) where the pharmaceutical product is imported into the province, the first person to sell the pharmaceutical product in or into the province; (d) “pharmaceutical product” means a drug within the meaning of section 2 of the Food and Drugs Act (Canada) and includes a natural health product within the meaning of the Natural Health Products Regulations made under that Act, but does not include (i) a substance or mixture of substances manufactured, sold or represented for use in disinfection in premises in which food within the meaning of section 2 of the Food and Drugs Act (Canada) is manufactured, prepared or kept, (ii) a food within the meaning of section 2 of the Food and Drugs Act (Canada), (iii) a cosmetic within the meaning of section 2 of the Food and Drugs Act (Canada), or (iv) items in any of the following classes: (A) contact lens disinfectants, (B) anti-dandruff products, including shampoos, (C) anti-perspirants, (D) sunburn protectants, (E) mouthwash, Operation of lead acid battery stewardship program Idem Definitions administrator agent brand owner pharmaceutical product 32 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (F) fluoridated toothpaste, (G) topical substances not containing antibiotics or anti-fungal agents, (H) radio pharmaceuticals, (I) antiseptic or medicated skin-care products, (J) veterinary medications and products; (e) “pharmaceutical product stewardship program” means a program approved by the Minister under section 89 that establishes a process for the collection, transportation and disposal of pharmaceutical products; (f) “retailer” means a person who sells or offers for sale pharmaceutical products directly to consumers. (EC349/14) 86. (1) For the purposes of the Act and these regulations, pharmaceutical products are a designated material. (2) No person shall discard pharmaceutical products except (a) at a facility approved to accept pharmaceutical products pursuant to these regulations; or (b) in accordance with an approved pharmaceutical product stewardship program. (EC349/14) Pharmaceutical Product Stewardship Program 87. (1) No brand owner of a pharmaceutical product shall sell, offer for sale or otherwise distribute a pharmaceutical product in or into the province unless the brand owner, or an agent of the brand owner of the pharmaceutical product, operates a pharmaceutical product stewardship program in respect of the pharmaceutical product. (2) No retailer shall sell, offer for sale or otherwise distribute a pharmaceutical product in or into the province unless the brand owner of the pharmaceutical product, or an agent of the brand owner of the pharmaceutical product, operates a pharmaceutical product stewardship program in respect of the pharmaceutical product. (EC349/14) 88. A brand owner may, by written agreement with any person, designate that person as the agent of the brand owner to operate a pharmaceutical product stewardship program on the brand owner’s behalf. (EC349/14) pharmaceutical product stewardship program retailer Designation Discarding pharmaceutical products Prohibition Idem Designation of agent Updated 2015 Environmental Protection Act Cap. E-9 33 Materials Stewardship and Recycling Regulations Proposal 89. (1) A brand owner who wishes to apply for approval of a pharmaceutical product stewardship program shall file with the Minister a completed proposal in a format approved by the Minister. (2) An agent of a brand owner who wishes to operate a pharmaceutical product stewardship program on the brand owner’s behalf and who wishes to apply for approval of the program shall file with the Minister a completed proposal in a format approved by the Minister. (3) An applicant shall submit with a proposal made under subsection (1) or (2) detailed information respecting (a) the management structure of the program; (b) how discarded pharmaceutical products will be collected; (c) the plans for the receipt of discarded pharmaceutical products at the pharmaceutical product return facilities that participate in the program and the policies and procedures to be followed by the pharmaceutical product return facilities; (d) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (e) an education and awareness program for consumers of pharmaceutical products that includes information about (i) the pharmaceutical product stewardship program, specifying products accepted by the program, (ii) how and when consumers can access pharmaceutical product return facilities, and (iii) the environmental benefits of participating in the pharmaceutical product stewardship program. (4) The Minister may require an applicant to provide any additional information that the Minister requires to consider the proposal. (5) The Minister shall approve a pharmaceutical product stewardship program if the Minister is satisfied that (a) the proposal has been made in accordance with the requirements of these regulations; (b) the proposal (i) includes the information referred to in clauses (3)(a) to (e) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the pharmaceutical product stewardship program in compliance with the Act and these regulations; and (c) approval of the program is in the public interest having regard to the matters referred to in clauses (3)(a) to (e). Proposal for approval of pharmaceutical product stewardship program Idem Material to be submitted Additional information Requirements for approval of pharmaceutical product stewardship program 34 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (6) Where the Minister refuses to approve a pharmaceutical product stewardship program, the Minister shall provide written reasons for the refusal to the applicant. (7) Where the Minister approves a pharmaceutical product stewardship program, the applicant shall, not later than the commencement date of the program, pay the fee prescribed by subsection (8). (8) The fee for an approval of a pharmaceutical product stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 90. (1) A brand owner or an agent who operates a pharmaceutical product stewardship program shall, on or before June 30 of each year, pay the annual fee prescribed by subsection (2). (2) The annual fee for a pharmaceutical product stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 91. The Minister may (a) appoint any person as the administrator of a pharmaceutical product stewardship program; and (b) specify the duties and responsibilities of an administrator appointed under clause (a). (EC349/14) Information 92. A brand owner or an agent who operates a pharmaceutical product stewardship program shall, upon request in writing from the Minister, provide the Minister with any information about the pharmaceutical product stewardship program, including any of the following: (a) the types of processes used to dispose of discarded pharmaceutical products; (b) the location of the pharmaceutical product return facilities for discarded pharmaceutical products; (c) the location of any long-term destruction or final treatment and processing facilities for discarded pharmaceutical products; (d) records showing that the program adheres to established industry vendor qualification standards, or information demonstrating that the discarded pharmaceutical products collected are managed in a manner that employs environmental and human health and safety standards meeting or exceeding applicable federal, provincial and local regulations. (EC349/14) Reasons for refusal Approval of pharmaceutical product stewardship program Approval fee Payment of annual fee Annual fee Appointment of administrator Request for information by Minister Updated 2015 Environmental Protection Act Cap. E-9 35 Materials Stewardship and Recycling Regulations 93. No retailer shall charge a consumer any separate fee with respect to the costs associated with implementing or operating a pharmaceutical product stewardship plan. (EC349/14) 94. A retailer shall prominently display, at the point of display or the point of sale of a pharmaceutical product, the education and awareness program information referred to in clause 89(3)(e) that is supplied to it by the brand owner or the brand owner’s agent. (EC349/14) 95. A brand owner or an agent who operates a pharmaceutical product stewardship program shall review the pharmaceutical product stewardship program and (a) submit to the Minister all proposed amendments to the pharmaceutical product stewardship program; or (b) advise the Minister in writing that in its opinion no amendments to the pharmaceutical product stewardship program are necessary, not later than the date that is 5 years after the date the pharmaceutical product stewardship program was first approved under subsection 89(5) and every 5 years thereafter. (EC349/14) 96. A brand owner or an agent who operates a pharmaceutical product stewardship program shall, on or before June 30 of each year, or on or before the date set by the Minister, inform the Minister in writing of the total quantity of discarded pharmaceutical products collected during the previous calendar year. (EC349/14) 97. (1) No brand owner who operates a pharmaceutical product stewardship program shall fail to operate the pharmaceutical product stewardship program in accordance with the program as approved under subsection 89(5). (2) No agent who has been designated to operate a pharmaceutical product stewardship program on a brand owner’s behalf shall fail to operate the pharmaceutical product stewardship program in accordance with the program as approved under subsection 89(5). (EC349/14) DIVISION 7 Medical Sharps 98. In this Division, (a) “administrator” means an administrator appointed under section 104; (b) “agent” means an agent of a brand owner designated under section 101; Internalization of fees Display of education and awareness program information Review of pharmaceutical product stewardship program Reporting quantity of pharmaceutical products collected Operation of pharmaceutical product stewardship program Idem Definitions administrator agent 36 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (c) “brand owner” means, in respect of medical sharps sold, offered for sale or otherwise distributed in or into the province, (i) a manufacturer of the medical sharp, (ii) a distributor of the medical sharp in or into the province, or (iii) where the medical sharp is imported into the province, the first person to sell the medical sharp in or into the province; (d) “medical sharp” means a needle, safety engineered needle, lancet, or other similar instrument that is designed to puncture the skin for medical purposes and that is sold or otherwise distributed, and includes anything affixed to the medical sharp, including a syringe; (e) “medical sharp stewardship program” means a program approved by the Minister under section 102 that establishes a process for the collection, transportation and disposal of medical sharps; (f) “retailer” means a person who sells or offers for sale medical sharps directly to consumers. (EC349/14) 99. (1) For the purposes of the Act and these regulations, medical sharps are a designated material. (2) No person shall discard medical sharps except (a) at a facility approved to accept medical sharps pursuant to these regulations; or (b) in accordance with an approved medical sharp stewardship program. (EC349/14) Medical Sharp Stewardship Program 100. (1) No brand owner of a medical sharp shall sell, offer for sale or otherwise distribute medical sharps in or into the province unless the brand owner, or an agent of the brand owner of the medical sharp, operates a medical sharp stewardship program in respect of the medical sharp. (2) No retailer shall sell, offer for sale or otherwise distribute medical sharps in or into the province unless the brand owner of the medical sharp, or an agent of the brand owner of the medical sharp, operates a medical sharp stewardship program in respect of the medical sharp. (EC349/14) 101. A brand owner may, by written agreement with any person, designate that person as the agent of the brand owner to operate a medical sharp stewardship program on the brand owner’s behalf. (EC349/14) brand owner medical sharp medical sharp stewardship program retailer Designation Discarding medical sharps Prohibition Idem Designation of agent Updated 2015 Environmental Protection Act Cap. E-9 37 Materials Stewardship and Recycling Regulations Proposal 102. (1) A brand owner who wishes to apply for approval of a medical sharp stewardship program shall file with the Minister a completed proposal in a format approved by the Minister. (2) An agent of a brand owner who wishes to operate a medical sharp stewardship program on the brand owner’s behalf and who wishes to apply for approval of the program shall file with the Minister a completed proposal in a format approved by the Minister. (3) An applicant shall submit with a proposal made under subsection (1) or (2) detailed information respecting (a) the management structure of the program; (b) how discarded medical sharps will be collected; (c) the plans for the receipt of discarded medical sharps at the medical sharp return facilities that participate in the program and the policies and procedures to be followed by the medical sharp return facilities; (d) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (e) an education and awareness program for consumers of medical sharps that includes information about (i) the medical sharp stewardship program, specifying products accepted by the program, (ii) how and when consumers can access medical sharp return facilities, and (iii) the environmental benefits of participating in the medical sharp stewardship program. (4) The Minister may require an applicant to provide any additional information that the Minister requires to consider the application. (5) The Minister shall approve a medical sharp stewardship program if the Minister is satisfied that (a) the proposal has been made in accordance with the requirements of these regulations; (b) the proposal (i) includes the information referred to in clauses (3)(a) to (e) and is otherwise acceptable to the Minister, and (ii) adequately provides for the operation of the medical sharp stewardship program in compliance with the Act and these regulations; and (c) approval of the program is in the public interest having regard to the matters referred to in clauses (3)(a) to (e). Proposal for approval of medical sharp stewardship program Idem Material to be submitted Additional information Requirements for approval of medical sharp stewardship program 38 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (6) Where the Minister refuses to approve a medical sharp stewardship program, the Minister shall provide written reasons for the refusal to the applicant. (7) Where the Minister approves a medical sharp stewardship program, the applicant shall, not later than the commencement date of the program, pay the fee prescribed by subsection (8). (8) The fee for an approval of a medical sharp stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 103. (1) A brand owner or an agent who operates a medical sharp stewardship program shall, on or before June 30 of each year, pay the annual fee prescribed by subsection (2). (2) The annual fee for a medical sharp stewardship program is $5,000, payable to the Minister of Finance, Energy and Municipal Affairs. (EC349/14) 104. The Minister may (a) appoint any person as the administrator of a medical sharp stewardship program; and (b) specify the duties and responsibilities of an administrator appointed under clause (a). (EC349/14) Information 105. A brand owner or an agent who operates a medical sharp stewardship program shall, upon request in writing from the Minister, provide the Minister with any information about the medical sharp stewardship program, including any of the following: (a) the types of processes used to dispose of discarded medical sharps; (b) the location of the medical sharp return facilities for discarded medical sharps; (c) the location of any long-term destruction or final treatment and processing facilities for discarded medical sharps; (d) records showing that the program adheres to established industry vendor qualification standards, or information demonstrating that the medical sharps collected are managed in a manner that employs environmental and human health and safety standards meeting or exceeding applicable federal, provincial and local regulations. (EC349/14) Reasons for refusal Approval of medical sharp stewardship program Approval fee Payment of annual fee Annual fee Appointment of administrator Request for information by Minister Updated 2015 Environmental Protection Act Cap. E-9 39 Materials Stewardship and Recycling Regulations 106. No retailer shall charge a consumer any separate fee with respect to the costs associated with implementing or operating a medical sharp stewardship plan. (EC349/14) 107. A retailer shall prominently display, at the point of display or the point of sale of a medical sharp, the education and awareness program information referred to in clause 102(3)(e) that is supplied to it by the brand owner or the brand owner’s agent. (EC349/14) 108. A brand owner or an agent who operates a medical sharp stewardship program shall review the medical sharp stewardship program and (a) submit to the Minister all proposed amendments to the medical sharp stewardship program; or (b) advise the Minister in writing that in its opinion no amendments to the medical sharp stewardship program are necessary, not later than the date that is 5 years after the date the medical sharp stewardship program was first approved under subsection 102(5) and every 5 years thereafter. (EC349/14) 109. A brand owner or an agent who operates a medical sharp stewardship program shall, on or before June 30 of each year, or on or before the date set by the Minister, inform the Minister in writing of the total quantity of discarded medical sharps collected during the previous calendar year. (EC349/14) 110. (1) No brand owner who operates a medical sharp stewardship program shall fail to operate the medical sharp stewardship program in accordance with the program as approved under subsection 102(5). (2) No agent who has been designated to operate a medical sharp stewardship program on a brand owner’s behalf shall fail to operate the medical sharp stewardship program in accordance with the program as approved under subsection 102(5). (EC349/14) PART IV GENERAL AND TRANSITIONAL Offence 111. Any person who contravenes any provision of these regulations or the environmental standards set out in the Schedule to these regulations, or fails to comply with a condition of a permit or an endorsement or fulfil an obligation imposed on the person by these regulations, the environmental standards set out in the Schedule to these regulations or an Internalization of fees Display of education and awareness program information Review of medical sharp stewardship program Reporting quantity of medical sharps collected Operation of medical sharp stewardship program Idem Offence 40 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations order of the Minister, is guilty of an offence and liable on summary conviction to the penalties specified in section 32 of the Act. (EC349/14) Service 112. (1) Any notice required to be served on a person under these regulations 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. (EC349/14) Transitional 113. (1) A person who, on the coming into force of these regulations, held (a) a valid permit for an automobile junk yard under the Automobile Junk Yards Act R.S.P.E.I. 1988, Cap. A-25; or (b) a valid permit for a recycling facility to collect scrap metal under the Materials Recycling Regulations (EC690/09), is deemed to hold a permit under section 4 of these regulations with an automotive salvage and scrap metal endorsement under section 17 of these regulations. (2) A person who, on the coming into force of these regulations, held a valid permit, other than a permit referred to in clause (1)(b), or a valid permit and endorsement for a designated material under the Materials Recycling Regulations (EC690/09), is deemed to hold a permit, or a permit and endorsement for a designated material, as the case may be, under these regulations. Manner of service Service on corporation Substituted service Specified permits continued Other permits Updated 2015 Environmental Protection Act Cap. E-9 41 Materials Stewardship and Recycling Regulations (3) Where a person is deemed under subsection (2) to hold a permit or a permit and endorsement for a designated material under these regulations, the permit or permit and endorsement of the person is subject to any terms and conditions to which the permit or permit and endorsement held by the person was subject under the regulations under which it was issued. (4) Where a person is deemed under subsection (1) to hold a permit and an endorsement under these regulations, the permit and endorsement of the person are subject to any terms and conditions to which the permit of the person was subject under the enactment under which it was issued. (5) Where a person is deemed, under this section, to hold a permit or a permit and an endorsement under these regulations, the permit or permit and endorsement of the person expire, unless sooner revoked under the Act or these regulations, on the earlier of (a) March 1 next following the day these regulations come into force; and (b) the expiry date to which the permit held by the person was subject under the enactment under which it was issued. (EC349/14) 114. The Schedule to these regulations is hereby adopted and forms part of these regulations. (EC349/14) Revocation and Commencement 115. The Materials Recycling Regulations (EC690/09) are revoked. 116. (1) Subject to subsection (2), these regulations come into force on June 21, 2014. (2) The following provisions come into force on the dates specified: (a) subsection 47(2) and section 48, on October 1, 2014; (b) clause 60(2)(c) and section 61, on October 1, 2014; (c) clause 73(2)(c) and section 74, on October 1, 2014; (d) subsection 86(2) and section 87, on January 1, 2015; (e) subsection 99(2) and section 100, on January 1, 2015. Terms and conditions continue Idem Expiry Schedule adopted Revocation Commencement Idem 42 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations Schedule Environmental Standards for the Operation of an Automotive Salvage and Scrap Metal Collection Facility Division 1 Collection of Hazardous Materials 1. In this Schedule, (a) “automotive fluids” means liquid materials associated with the normal operation of automobiles, transport vehicles and heavy equipment and includes motive fuel, motor oil, antifreeze, brake fluid, transmission fluid and power steering fluid; (b) “motive fuel” means a petroleum product used to power a motor vehicle and includes gasoline and diesel fuel; (c) “ozone-depleting substance” means an ozone-depleting substance or compound found in refrigerants used in the cooling system of automobiles, freezers, refrigerators and air conditioning units; (d) “white goods” means appliances such as freezers, refrigerators, stoves, dryers, washing machines, dish washers and air conditioning units. 2. (1) Every person who owns or operates an automotive salvage and scrap metal collection facility shall ensure that (a) all automotive fluids from vehicles are collected, segregated, and stored in containers that are compatible with the automotive fluid being handled; (b) the containers described in clause (a) are labelled to indicate their contents; (c) the containers described in clause (a) are protected from damage by vehicular traffic or other means; (d) leakage or spillage from the containers described in clause (a) does not result in contamination of the environment; and (e) all automotive fluids are disposed of at least once per year at a facility approved for that purpose by the Department. (2) Every person who owns or operates an automotive salvage and scrap metal collection facility shall ensure that all ozone-depleting substances present in the automotive salvage or white goods accepted at the facility are collected in accordance with the requirements of sections 4 and 5 and subsection 8(5). Definitions Automotive fluids motive fuel ozone-depleting substance white goods Handling and storage of automotive fluids Collection of ozone depleting substances Updated 2015 Environmental Protection Act Cap. E-9 43 Materials Stewardship and Recycling Regulations 3. The owner or operator of an automotive salvage and scrap metal collection facility may leave automotive fluids, other than motive fuels, in a vehicle or component of a vehicle, if the vehicle or component is capable of being restored to operational condition or reused, as the case may be. 4. The owner or operator of an automotive salvage and scrap metal collection facility who collects white goods shall ensure that ozone depleting substances are recovered in accordance with the Ozone Layer Protection Regulations (EC619/94). 5. (1) Any person at an automotive salvage and scrap metal collection facility who services, dismantles equipment or recovers refrigerant from automotive salvage or white goods that contain ozone-depleting substances shall meet the training requirements of the Ozone Layer Protection Regulations (EC619/94). (2) The owner or operator of an automotive salvage and scrap metal collection facility shall maintain records indicating quantities of ozone depleting substances removed and the final disposition of these substances. Vehicle Dismantling, Processing, Compacting and Crushing 6. If removal of parts from vehicles is being conducted and these parts contain or are likely to contain automotive fluids, the owner or operator of an automotive salvage and scrap metal collection facility shall ensure that removals are done on an impervious pad or within a structure capable of holding the drained fluids. 7. If vehicles are being stored or being stripped for parts, the owner or operator of an automotive salvage and scrap metal collection facility shall ensure that the lead-acid batteries are removed and placed in secure storage. 8. (1) The owner or operator of an automotive salvage and scrap metal collection facility shall ensure that vehicle carcasses, scrap metal and white goods are crushed and sent for disposal on a regular basis (a) at least once every two years; or (b) as determined by an inspector. (2) The owner or operator of an automotive salvage and scrap metal collection facility shall maintain records indicating quantities of vehicle carcasses and white goods crushed and the final disposal destination of these materials. Exception Recovery of ozone depleting substances Training requirements Records to be maintained Removal of automotive fluids Removal of lead acid batteries Crushing and disposal Records to be maintained 44 Cap. E-9 Environmental Protection Act Updated 2015 Materials Stewardship and Recycling Regulations (3) The owner or operator of an automotive salvage and scrap metal collection facility shall notify the Department prior to beginning crushing operations. (4) The owner or operator of an automotive salvage and scrap metal collection facility shall ensure that all crushing operations take place (a) at a designated area within the boundaries of an approved automotive salvage and scrap metal collection facility; or (b) at a specific site approved in writing by the Department. (5) Prior to the compacting or crushing of any automotive salvage or white goods containing ozone depleting substances, the owner or operator of an automotive salvage and scrap metal collection facility shall ensure that all ozone-depleting substances are removed and recovered in accordance with the requirements of the Ozone Layer Protection Regulations (EC619/94). (6) Prior to the compacting or crushing of any automotive salvage containing automotive fluids, the owner or operator of an automotive salvage and scrap collection facility shall ensure that all automotive fluids are collected, segregated and stored in accordance with section 2. Lead-acid Batteries 9. (1) The owner or operator of an automotive salvage and scrap metal collection facility shall ensure that lead-acid batteries are handled in a manner to prevent breakage or discharge to the environment. (2) No person shall store lead-acid batteries in an automotive salvage and scrap metal collection facility unless the batteries are stored in a watertight container or in a building which is weather-tight. (3) The owner or operator of an automotive salvage and scrap metal collection facility shall ensure that broken or leaking lead-acid batteries are placed in secure containers that prevent the discharge or leakage of acid to the environment and are compatible with the materials being stored. (4) Prior to the compacting or crushing of any automotive salvage containing lead-acid batteries, the owner or operator of an automotive salvage and scrap metal collection facility shall ensure that all lead-acid batteries are removed from the automotive salvage and handled in a manner to prevent breakage or discharge to the environment. Prior notification required Designated area for crushing Removal of ozone depleting substances Removal of automotive fluids Handling Prohibition Secure containers Removal of lead acid batteries Updated 2015 Environmental Protection Act Cap. E-9 45 Materials Stewardship and Recycling Regulations Mercury-containing Switches 10. Prior to the compacting or crushing of any automotive salvage containing mercury-containing switches, the owner or operator of an automotive salvage and scrap metal collection facility shall ensure that all mercury-containing switches are removed, recovered and collected in a manner to prevent breakage or discharge to the environment, and are placed in secure containers to prevent the discharge or leakage of mercury to the environment. (EC349/14) Removal of mercury-containing switches