Waste Electronic Equipment Regulations (R.R.S. c. E-10.21 Reg. 4)

1 WASTE ELECTRONIC EQUIPMENT E-10.21 REG 4 The Waste Electronic Equipment Regulations being Chapter E-10.21 Reg 4 (effective February 1, 2006) as amended by Saskatchewan Regulations 110/2009. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. http://www.qp.gov.sk.ca/documents/gazette/part2/2005/G2200542.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/2009/G2200950.pdf 2 WASTE ELECTRONIC EQUIPMENTE-10.21 REG 4 Table of Contents 1 Title 2 Interpretation 3 Prescribed product 4 Product management program required 5 Approval to operate product management program 6 Changes to product management program 7 Suspension or cancellation of approvals 8 Annual reporting 9 Coming into force Appendix Table 1 Electronic Equipment 3 WASTE ELECTRONIC EQUIPMENT E-10.21 REG 4 CHAPTER E-10.21 REG 4 The Environmental Management and Protection Act, 2002 Title 1 These regulations may be cited as The Waste Electronic Equipment Regulations. Interpretation 2 In these regulations: (a) “Act” means The Environmental Management and Protection Act, 2002; (b) “electronic equipment” means any electronic equipment listed in Column 1 of Table 1, effective on and after the corresponding date listed in Column 2 of Table 1; (c) “first seller” means a person who: (i) is a manufacturer, distributor, owner or licensee of intellectual property rights in electronic equipment that is sold, offered for sale or otherwise distributed into or in Saskatchewan; (ii) is a vendor of electronic equipment outside of Saskatchewan and who, as an ordinary part of his or her business, solicits and sells electronic equipment to consumers in Saskatchewan; (iii) imports electronic equipment into Saskatchewan for resale in Saskatchewan; (iv) imports parts for electronic equipment into Saskatchewan for assembly and resale in Saskatchewan; or (v) purchases electronic equipment outside of Saskatchewan for use in Saskatchewan; (d) “product management program” means a program for the collection and recycling of waste electronic equipment; (e) “table” means a table set out in the Appendix; (f) “waste electronic equipment” means electronic equipment that the consumer no longer wants. 21 Oct 2005 cE-10.21 Reg 4 s2. Prescribed product 3 Electronic equipment is a prescribed product for the purposes of clause 81(1)(aa) of the Act. 21 Oct 2005 cE-10.21 Reg 4 s3. 4 WASTE ELECTRONIC EQUIPMENTE-10.21 REG 4 Product management program required 4(1) Every first seller must: (a) operate a product management program approved by the minister; or (b) enter into an agreement with a person to operate, on the first seller’s behalf, a product management program approved by the minister. (2) No first seller who operates a product management program shall fail to operate the product management program in accordance with: (a) the program as approved by the minister; and (b) these regulations. (3) No person who has entered into an agreement to operate a product management program on a first seller’s behalf shall fail to operate the product management program in accordance with: (a) the program as approved by the minister; and (b) these regulations. (4) No first seller who has entered into an agreement to have a product management program operated on the first seller’s behalf shall fail to ensure that the product management program is operated in accordance with: (a) the program as approved by the minister; and (b) these regulations. 21 Oct 2005 cE-10.21 Reg 4 s4. Approval to operate product management program 5(1) A first seller who operates or wishes to operate a product management program, or a person who operates or wishes to operate a product management program on a first seller’s behalf, must: (a) apply to the minister for approval of the program, in a form acceptable to the minister; and (b) submit any additional information or material to the minister that the minister requests and considers relevant to the application. (2) The minister shall not approve a product management program unless the program: (a) contains details of the management structure of the program; (b) provides details respecting: (i) the creation of an advisory committee to the operator of the product management program; (ii) the role of the advisory committee in relation to the operation of the program; and (iii) the manner in which Saskatchewan interests will be represented on the advisory committee; and 5 WASTE ELECTRONIC EQUIPMENT E-10.21 REG 4 (c) provides details respecting: (i) how waste electronic equipment will be collected in all areas of Saskatchewan; (ii) recycling options for waste electronic equipment, listed in descending order of preference; (iii) the policies and procedures to be followed by any person processing waste electronic equipment collected pursuant to the program; (iv) how the program will be funded; (v) the quality control and assurance aspects of the program, including tracking and auditing mechanisms; and (vi) the public education or public awareness and communication strategy for the program. (3) If the minister is satisfied that a proposed product management program complies with the Act and these regulations and is otherwise in the public interest, the minister may approve the product management program on any terms and conditions that the minister considers appropriate. 21 Oct 2005 cE-10.21 Reg 4 s5. Changes to product management program 6 No person operating a product management program shall make any changes to the program without obtaining the minister’s prior written approval of the proposed changes. 21 Oct 2005 cE-10.21 Reg 4 s6. Suspension or cancellation of approvals 7(1) Subject to subsection (2), if, in the minister’s opinion, a product management program is not being operated in accordance with the Act, these regulations or the terms and conditions of the approval, or if, in the minister’s opinion, it is in the public interest to do so, the minister may: (a) amend the approval by imposing new or additional terms and conditions; or (b) suspend or cancel the approval. (2) Before amending, suspending or cancelling an approval pursuant to subsection (1), the minister shall give the person operating the product management program an opportunity to be heard. (3) Notwithstanding subsection (2), if the minister considers that it is necessary in order to protect the public interest, the minister may immediately amend, suspend or cancel an approval without giving the person mentioned in subsection (2) an opportunity to be heard, but the minister shall give that person an opportunity to be heard within 15 days after the date on which the minister takes any of those actions. 21 Oct 2005 cE-10.21 Reg 4 s7. 6 WASTE ELECTRONIC EQUIPMENTE-10.21 REG 4 Annual reporting 8(1) In this section, “reporting period” means the period commencing on April 1 in one year and ending on March 31 in the following year. (2) On or before July 31 in each year, every first seller operating a product management program, and every person operating a product management program on the first seller’s behalf, must prepare and submit to the minister a written annual report describing the activities of the product management program during the previous reporting period, including: (a) the types and amount of waste electronic equipment collected; (b) the types and amount of waste electronic equipment diverted to each of the program’s recycling options as identified pursuant to subclause 5(2)(c)(ii); (c) the total amount of recycling fees collected to fund the program in Saskatchewan; (d) the amount spent to operate the program in Saskatchewan; (e) the amount of recycling incentives paid out, if any; (f) the costs incurred to administer the program; (g) the amount spent on public education or public awareness and communication; (h) any other information that the minister may reasonably require. 21 Oct 2005 cE-10.21 Reg 4 s8; 11 Dec 2009 SR 110/2009 s3. Coming into force 9 These regulations come into force on February 1, 2006. 21 Oct 2005 cE-10.21 Reg 4 s9. 7 WASTE ELECTRONIC EQUIPMENT E-10.21 REG 4 Appendix TABLE 1 [Clause 2(b)] Electronic Equipment Column 1 - Column 2 Electronic Equipment Effective Date 1. Personal desk top computer, including the central February 1, 2006 1. processing unit and all other parts contained 1. in the computer. 2. Personal notebook computer, including the central February 1, 2006 2. processing unit and all other parts contained 2. in the computer. 3. Computer monitor, including the following types February 1, 2006 3. of computer monitor: (a) cathode ray tube; (b) liquid crystal display; (c) plasma. 4. Computer mouse, including cables. February 1, 2006 5. Computer keyboard, including cables. February 1, 2006 6. Computer printer: (a) including the following types of computer printer: (i) dot matrix; (ii) ink jet; (iii) laser; (iv) thermal; and (b) including any computer printer with scanning February 1, 2006 or facsimile capabilities, or both. 7. Television, including the following types of television: (a) cathode ray tube; (b) liquid crystal display; (c) plasma; (d) rear projection. February 1, 2007 8 WASTE ELECTRONIC EQUIPMENTE-10.21 REG 4 8. Personal or portable audio or video playback systems, including the following: (a) docking speakers; (b) portable stereos, tape players, and radios; (c) personal CD players; (d) portable audio recorders; (e) headphones; (f) MP3 players; (g) solid-state voice recorders; (h) digital cameras; (i) video cameras and camcorders. April 1, 2010 9. Home audio or video playback or recording systems, including: (a) the following types of audio equipment: (i) amplifiers; (ii) receivers; (iii) speakers; (iv) CD players (single and multi-disc units); (v) radios; (vi) turntables; (vii) cassette and other tape players; (b) the following types of video equipment: (i) data projectors; (ii) VCRs; (iii) DVD players; (iv) laser disc players; (v) analog, digital and home computer (web) cameras and camcorders; and (c) cable and satellite TV equipment. April 1, 2010 9 WASTE ELECTRONIC EQUIPMENT E-10.21 REG 4 10. Home theatre in a box systems including audio and video equipment packaged as a complete system intended to provide an “in-home” theatre experience. April 1, 2010 11. Vehicle audio and video systems including audio and video systems intended to replace original factory-installed systems. April 1, 2010 12. Non-cellular telephones and answering machines identified as a telecommunication device with a handset or headset that is used to transmit and receive sound, most commonly speech. April 1, 2010 21 Oct 2005 cE-10.21 Reg 4; 11 Dec 2009 SR 110/2009 s4. 10 WASTE ELECTRONIC EQUIPMENTE-10.21 REG 4 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2010