Definitions

1  In this regulation:

"association" means an association for which notification has been given to a director under section 2 (2);

"brand-owner" means

(a) a person in British Columbia who is the owner or licensee of a trade mark under which a product is sold or otherwise distributed in British Columbia, whether the trade mark is registered or not, or

(b) a person who brings into British Columbia a product for sale or other distribution in British Columbia;

"brand-owner plan association" means an association that represents some or all of the brand-owners in a product category and that files a plan on behalf of those brand-owners under Part 2;

"collection facility" means a return collection facility defined in B.C. Reg. 63/88, the Hazardous Waste Regulation;

"container" means a package, or fragment of a package, that is or was in direct contact with a residual;

"empty container" means a container that holds less than 3% residual by volume;

"plan" means a plan approved under section 5;

"product" means an item within a product category;

"product category" means a category described in Schedule 1;

"residual" means the portion of a product that remains after the consumer of the product has no further use for it;

"seller" means a person who, as a wholesaler, distributor or retailer, sells or offers for sale a product.

[am. B.C. Reg. 21/2003, s. 1; 321/2004, s. 23 (a) and (b).]

 Duty of a brand-owner

2  (1)  A brand-owner or brand-owner plan association must comply with section 6 or Part 3 with respect to a product in order to sell, offer for sale or distribute the product in British Columbia.

(2)  If a brand-owner joins an association that will carry out duties of the brand-owner under subsection (1), the brand-owner, before the association begins to carry out these duties, must notify a director in writing stating that it has joined the association and specifying the duties under subsection (1) the association will perform on behalf of the brand-owner.

[am. B.C. Regs. 21/2003, s. 2; 321/2004, s. 23 (a).]

 Duty of an association

3  An association must

(a) confirm in writing to the director the duties under section 2 (2) it will perform on behalf of each brand-owner that has joined the association, and

(b) comply with section 6 or Part 3, as the case may be, in respect of the duties specified in writing to the director under paragraph (a).

 Annual report by director

4  On or before August 31 each year a director must publish a report to the public stating the extent to which residuals are being dealt with in accordance with this regulation.

[am. B.C. Reg. 321/2004, s. 23 (a).]

 Approval of a stewardship program

5  (1)  A brand-owner or brand-owner plan association that wishes to be covered by this Part must submit a plan on or before the relevant deadline specified in Column A of Schedule 2.

(2)  On receipt of a plan for a stewardship program respecting a product from a brand-owner or brand-owner plan association, a director may approve the plan provided the director is satisfied it adequately provides for

(a) consumer awareness of the proper use and storage of the products,

(b) consumer awareness of the plan including safe storage and transportation of residuals,

(c) the collection of residuals, including their containers, resulting from all products currently or previously sold, offered for sale or otherwise distributed in British Columbia,

(d) the reduction in the creation of residuals,

(e) the management of all residuals and containers collected,

(f) reporting to the director concerning compliance with the plan,

(g) the term of the plan, and

(h) the manner in which the term of the plan may be extended or the plan amended.

(3)  In deciding whether to approve the plan, the director may consider

(a) the timelines and effectiveness of the plan respecting the matters discussed in subsection (2) (a) to (g),

(b) the population and geographical area of the markets served by the brand-owner or brand-owner plan association,

(c) the manner in which the product is marketed and retailed by the brand-owner or brand-owner plan association,

(d) the nature of the residual and its container,

(e) the amount of product expected to be sold annually,

(f) the amount of residual expected to be collected annually,

(g) the accessibility and location of collection facilities,

(h) the manner in which sellers notify consumers of the collection facilities,

(i) the manner and degree of advertising of collection facilities,

(j) the methods of residual and container collection, storage, transportation and management,

(k) the existence of plans operated by other brand-owners or brand-owner plan associations of the product category,

(l) the structure of financial and operational co-operation with other brand-owners,

(m) the possibility of reformulating and repackaging the product to reduce residuals,

(n) the degree of adherence to the preferred order of activity in the pollution prevention hierarchy, and

(o) the extent and frequency of reporting.

(4)  For the purposes of subsection (2) (n), the pollution prevention hierarchy is as follows in descending order of preference:

(a) avoid, eliminate or substitute products;

(b) reduce the use of products;

(c) eliminate or reduce the generation of residuals;

(d) reuse or recycle residuals;

(e) recover energy from residuals;

(f) treat or contain residuals;

(g) remedy contamination resulting from residuals.

(5)  In deciding to accept or reject a plan under this section, a director may consider the advice of a committee of up to 12 persons the director appoints for the purpose of giving advice on this matter.

[am. B.C. Reg. 21/2003, s. 3; 321/2004, s. 23 (c).]

 Exemption of paint stewardship program under the Post-Consumer Paint Stewardship Program Regulation from refiling the plan under Part 2

5.1  (1)  Subject to subsection (2), a brand-owner represented by the brand-owner plan association in the paint stewardship program approved by the director under section 4 of the Post-Consumer Paint Stewardship Program Regulation, B.C. Reg. 200/94, is exempted from the requirements of Part 2 to submit a plan for a stewardship program.

(2)  A brand-owner and the brand-owner plan association referred to in subsection (1) must comply with the paint stewardship program approved under section 4 of the Post-Consumer Paint Stewardship Program Regulation, B.C. Reg. 200/94, as if it were a plan for a stewardship program under Part 2 of this regulation, unless the brand-owner submits a new plan under Part 2 and that plan is approved by a director.

[en. B.C. Reg. 21/2003, s. 4; am. B.C. Reg. 321/2004, s. 23 (a).]

 Timelines

6  If a director has approved a plan respecting a brand-owner or brand-owner plan association, the brand-owner or brand-owner plan association must comply with the plan by the relevant deadline specified in Column B of Schedule 2.

[am. B.C. Regs. 21/2003, s. 5; 321/2004, s. 23 (a).]

 Written reasons required

7  A director must provide the brand-owner or brand-owner plan association with written reasons whenever a plan is approved, rejected, amended or rescinded under this Part.

[am. B.C. Regs. 21/2003, s. 5; 321/2004, s. 23 (d).]

 Application of stewardship requirements

8  Commencing on the relevant date specified in Column B of Schedule 2, a brand-owner must meet the requirements of this Part for a residual unless there is a plan for the residual.

 Education

9  (1)  A brand-owner must provide to each seller of the brand-owner's product, free of charge, consumer information respecting

(a) safe use and storage of the products,

(b) safe storage and handling of the residuals and containers, and

(c) location of and access to collection facilities.

(2)  The consumer information under subsection (1) must be posted by the seller in the form of at least one clearly visible sign with minimum dimensions of 56 cm by 43 cm and a minimum print font size of 24 points that is in a contrasting colour to the background colour of the sign at one or more of the following locations:

(a) the main entrance to the seller's premises;

(b) the point of display;

(c) the point of sale.

(3)  The consumer information under subsection (1) must also be distributed by the seller as a printed hand out with sufficient copies for all consumers and these hand outs must be located at one or more of the locations referred to in subsection (2).

(4)  For purposes of this section

"point of display" means the area inside a seller's premises where products are displayed;

"point of sale" means an area of a seller's premises where the transaction to purchase a product takes place.

 Collection

10  (1)  A brand-owner must operate a collection facility for the residuals, including their containers, of the products within the product categories for the products it sells, offers for sale or distributes.

(2)  If a collection facility is operated at a location other than at the premises of a seller who sells the brand-owner's products, the collection facility must be located within 4 kilometres by road from the seller's premises if the seller's premises are located in an urban area, and located within 10 kilometres by road from the sellers' premises if the seller's premises are located outside an urban area.

(3)  A brand-owner must make its collection facility

(a) available without charge to any consumer who wishes to return residuals, including their containers, of the products within the product categories for the products it sells, offers for sale or distributes, and

(b) operate during regular business hours, 5 days a week, one day of which must be Saturday.

(4)  For the purposes of subsection (2), "urban area" means a municipality, other than a regional district, incorporated by or under an Act, that has a population greater than 25 000.

 Further consumer notification

11  (1)  For the first 52 weeks after a collection facility is opened, the brand-owners using the facility must notify the consumers served by the collection facility concerning the location and operating hours of the collection facility.

(2)  Notification under subsection (1) must be by inserting an advertisement in a newspaper serving the consumers' area.

(3)  An advertisement under subsection (2) must have a minimum dimension of 15 cm by 10 cm and be published

(a) once per week for the first 4 consecutive weeks, and

(b) thereafter once every 2 weeks.

 Management

12  A brand-owner must handle all residuals and containers collected at a collection facility provided by that brand-owner in the following preferred order of management: reuse, recycle, recover energy, treat, or contain.

 Report

13  (1)  A brand-owner must, on or before April 30 in each year, provide to a director a report respecting the preceding calendar year including, but not limited to, the following:

(a) a description of educational materials and educational strategies it uses for purposes of this regulation;

(b) the total amount of product sold and residual and containers collected;

(c) the location of its collection facilities;

(d) the amount of residual and containers reused, recycled, used for recovery of energy, treated or contained by or on behalf of the brand-owner;

(e) efforts taken by or on behalf of the brand-owner through reformulation or repackaging to reduce residuals and container waste;

(f) a description and rationale, prepared by an independent auditor, of the processes used by or on behalf of the brand-owner to store, transport, reuse, recycle, recover energy from, treat or contain residuals and containers;

(g) a description of the management system used by or on behalf of the brand-owner to monitor the environmental effectiveness of its efforts under this Part.

(2)  On or before April 30, July 31, October 31 and January 31 of each year a brand-owner must provide a director with information on the total residuals and containers collected on its behalf during the previous calendar quarter.

(3)  On or before April 30 of each year, a brand-owner charging a fee associated with the stewardship program that is charged separately and identified on the consumer receipt of sale must provide a director with audited financial statements detailing revenues and expenditures associated with its efforts under this Part.

[am. B.C. Reg. 321/2004, s. 23 (a).]

 Offence

14  (1)  A person who contravenes sections 2, 3 and 9 (2) or (3) commits an offence.

(2)  A person who is convicted of an offence under subsection (1) is liable to

(a) a fine not exceeding $200 000,

(b) imprisonment for a term not exceeding 6 months, or

(c) any combination of the above.

(3)  If an offence continues under subsection (1) for more than one day, separate fines, each not exceeding the maximum fine, may be imposed for each day the offence continues.

 Spent

15  Spent.

1  The solvent and flammable liquids category includes all

(a) products with a flash point as tested by the ASTM D1310 Tag Open Cut Test Method of less than 61° C with the exception of

(i)  products containing less than 50% water-miscible flammable liquid, as defined by the National Fire Code of Canada, 1990, as published by the National Research Council of Canada, liquid by volume with the remainder of the product not being flammable,

(ii)  liquids that have no fire point as tested by the ASTM D1310 Tag Open Cut Test Method,

(iii)  wine and distilled spirit beverages,

(iv)  cosmetic and beauty products,

(v)  drugs, medicines and other health products,

(vi)  unpackaged products or products not ordinarily sold to, used or purchased by a consumer without repackaging,

(vii)  pre-packaged products produced for use by commercial or industrial enterprises without resale to other consumers as pre-packaged goods,

(viii)  paint as set out in product category 8 of this Schedule,

(ix)  coatings formulated for industrial or automotive use,

(x)  lubricating oil as defined by the Return of Used Lubricating Oil Regulation, B.C. Reg. 64/92, and

(xi)  pre-packaged kerosene in containers larger than 9 litres, and

(b) paint strippers containing methylene chloride.

2  The pesticide category includes all domestic products registered under the Pest Control Products Act (Canada) and displaying a poison hazard symbol on the label, with the exception of

(a) insect repellents,

(b) sanitizers and disinfectants,

(c) pet products,

(d) unpackaged products or products not ordinarily sold to, used or purchased by a consumer without repackaging, and

(e) Repealed. [B.C. Reg. 144/98, s. (c).]

3  The gasoline category includes gasoline sold for use in spark ignition engines and returned in an approved Underwriters Laboratories of Canada container.

4  The pharmaceutical category includes all unused or expired solid, liquid or gaseous substances or mixtures of substances manufactured, sold or represented for use in

(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal state or the symptoms thereof, or

(b) restoring, correcting or modifying organic functions,

and this category includes prescription and non-prescription medications as defined by the Drugs Directorate of Health Canada and excludes veterinary products.

5  The lubricating oil category includes all petroleum-derived or synthetic crankcase oils, engine and gear oils, and hydraulic, transmission, and heat transfer fluids, and fluids used for lubricating purposes in machinery or equipment.

6  The empty oil container category includes all empty containers with a capacity of 30 litres or less, manufactured and used for any product in the lubricating oil category in product category 5 of this Schedule.

7  The oil filter category includes all spin-on-style or element-style fluid filters that are used in hydraulic, transmission or internal combustion engine applications, and all oil, diesel fuel, storage tank fuel, coolant and household furnace oil filters, but does not include gasoline, air or household furnace air filters.

8  The paint category includes

(a) latex, oil and solvent-based architectural coatings, including paints and stains for commercial and household use, whether tinted or untinted, and including empty containers for any of these,

(b) paints and stains, whether coloured or clear, sold in aerosol containers, and including empty aerosol containers for any of these, but not including un-pressurized coatings formulated for industrial, automotive or marine anti-fouling applications.